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Home My WebLink About25H - AGMT DISTRICT ELECTION COMPLIANCEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2018 TITLE: APPROVE AN AMENDMENT TO CONSULTANT AGREEMENT WITH REDISTRICTING PARTNERS FOR. ADDITIONAL SERVICES AND COMPENSATION RELATED TO REVIEW OF ELECTIONS SYSTEM REGARDING CONVERSION TO BY -DISTRICT ELECTIONSAND COMPLIANCE WITH CALIFORNIA VOTING RIGHTS ACT (STRATEGIC PLAN NO. 5) r CI ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an amendment to a consultant agreement with Redistricting Partners, ("Consultant") related to the potential need to convert to a by -district election system. The current agreement is for a one (1) year term ending on April 10, 2019 for an amount not to exceed $25,000 subject to non -substantive changes approved by the City Manager and City Attorney. The amendment would allow for Consultant to provide additional services at public hearings and community outreach meetings to comply with the California Voting Rights Act. Additional compensation for services rendered would be increased by $10,500, resulting in a total not -to -exceed amount of $35,500. No other terms or conditions of the Agreement will be amended. DISCUSSION On April 11, 2018, the City engaged the services of Redistricting Partners to review the potential need to convert to a by -district election system in order to comply with the California Voting Rights Act ("CVRA") and to assist the City in its efforts related to litigation served upon the City on April 30, 2018, in the matter of Le v. City of Santa Ana. Given the City Council's placement of a charter amendment on the ballot regarding by -district elections, the City will need additional services from the Consultant to pursue a proposed revision of the ward boundaries for possible implementation In reviewing the scope of services with Redistricting Partners, the Consultant notified the City that additional public engagement through community meetings or public hearing to meet compliance with the CVRA. The Consultant has agreed to conduct these events at rates contemplated in the original Agreement. 25H-1 Amendment to Consultant Agreement — Redistricting Partners August 21, 2018 Page 2 The proposed amendment will authorize the City to allow the Consultant to conduct up to seven (7) additional meetings including public hearings. Additional compensation in an amount of $1,500 per event is fixed under the terms of the Agreement. The total amount, under this First Amendment, would increase the compensation for the Agreement in an amount not to exceed $35,500. STRATEGIC PLAN ALIGNMENT Approval of this item allows us to meet Goal #5. Community Health, Livability, Engagement & Sustainability, Priority #1, Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities. FISCAL IMPACT Funds for these election related administrative costs are available in the Clerk of the Council, Contractual Services account no. 01107031 62300, FY 2018-2019. The total cost of the contract for Fiscal Year 2018-19 is projected to be $35,500. Maria D. Huizar Clerk of the Council APPPPROOVVEEDD AS TO FUNDS AND ACCOUNTS: /� Sergio Vidal Fgl (2510 Assistant Director Finance and Management Services Agency Exhibits: 1. First Amendment to Consultant Agreement for Redistricting Partners 2. Draft Timeline for Public Hearings and Community Outreach Meetings 25H-2 FIRST AMENDMENT TO AGREEMENT WITH REDISTRICTING PARTNERS TO PROVIDE REVIEW OF ELECTIONS SYSTEM REGARDING CONVERSION TO BY -DISTRICT ELECTIONS THIS FIRST AMENDMENT TO AGREEMENT is entered into this 21' day of August, 2018, by and:betiveen'RedisMeling:l artners,(�:Consultanf ), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City ). RECITALS A. On April 11, 2018, the City entered into Agreement No. N-2018-051 with Consultant to conduct a review of the potential need to convert to a by -district election system in order to comply with the California Voting Rights Act. The term of the Agreement is for one year, with an expiration date of April 10, 2019. B. The parties have determined that attendance by the Consultant at upcoming community meetings and public hearings, as further described in Exhibit A-1, is required to comply with the California Voting Rights Act. C. In accordance with the terms and conditions of the Agreement, the parties desire to amend the Agreement to include the schedule of additional proposed community meetings and public hearings, and include additional compensation for said services rendered by the Consultant. No other terms or conditions will be impacted by this amendment to the Agreement. THE PARTIES THEREFORE AGREE: 1. Section 1, Scope of Services, shall be amended to include attendance and participation at the community meetings and public hearings described on Exhibit A-1. The parties agree that the scheduling is not yet determined for certain meetings or hearings. The City and Consultant may revise the date(s) and location(s) of an event listed in Exhibit A-1. The Clerk of the Council will provide written confirmation of any change in the details for an event. 2. Section 2, Compensation, shall be amended to increase the compensation for attendance and participation at the meetings and hearings described on Exhibit A-1 by the sum of $10,500 or $1,500 per meetinglhearng Accordingly, the total amount to be spent under the Agreement shall not exceck-g5- 5Q0 3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. EXHIBIT 1 25H-3 Signature page: First Amendment to Agreement (N-2018-051) IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney B : John M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Maria D. Huizar Clerk of the Council CITY OF SANTA ANA RAUL GODINEZ II City Manager CONSULTANT By: Title: Page 2 of 2 25H-4 Exhibit A-1 to Agreement N-2018-051 Proposed Community Meetings and Public Hearings (subject to change by the Parties) Week of 8/27/18, exact date TBD — First Community Outreach Meeting 9/4/18 — First Public Hearing Week of 9/4/18, exact date TBD — Second Community Outreach Meeting. This meeting must not be held on 9/4/18, as that is the date of the First Public Hearing. Week of 9/10/18, exact date TBD — Third Community Outreach Meeting Week of 9/17/18, exact date TBD — Fourth Community Outreach Meeting, to take place in the Western portion of the City, west of the Santa Ana River. This meeting will be immediately followed (at same location) with second public hearing. 10/16/18 — Third Public Hearing (Special Meeting) 10/30/18 — Fourth Public Hearing (Special Meeting) - Council to Select a Map and introduce ordinance designating map to be used for 2020 elections, ordinance to be effective if ballot measure is approved. EXHIBIT 2 25H-5 25H-6