11 - Redistricting Services - contract with Allison Bass McGeeItem No. 11
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TO: City Council
Grayson Path, City Manager
FROM: Stephanie H. Harris, City Attorney
SUBJECT: Retention of Allison, Bass & McGee, L.L.P. to conduct 2020 census analysis
and determine requirements for redistricting
DATE: April 12, 2021
BACKGROUND: After each decennial census, each political subdivision that elects
representatives from geographical districts such as the City of Paris must engage in a "redistricting
process." This process involves detailed analysis of the new census information to determine
whether changes in population (both in total numbers of residents and in the numbers and makeup
of populations within existing geographical districts) require redistricting, and if so, redrawing
existing districts to comply with the Voting Rights Act. The process is complicated, multi -step,
one, and it is required by law. Because it is complicated, it is necessary to retain an outside
consultant to conduct the analysis and to recommend changes to existing district boundaries if such
changes are necessary.
STATUS OF ISSUE: I have contacted Allison, Bass & McGee, L.L.P. of Austin, Texas about
providing these services, and the firm has agreed to represent the city in this endeavor. Of note,
the firm assisted the city in redistricting efforts in 2011, and has been retained by Lamar County
and Paris Independent School District for their redistricting process this year. There is a logical
and financial incentive to use the same firm, as each entity requires analysis of much of the same
census data. Allison, Bass & McGee also represents governmental entities all over the state of
Texas.
BUDGET: The firm has set a fixed fee of $15,500.00, with $7,750.00 (the initial assessment fee)
to be paid when the city executes the Flat Rate/Fixed Fee for Professional Services contract
(attached hereto, and which includes a three page scope of services), which will come out of this
year's budget, and a like payment due on October 31, 2021 (next year's budget). If the initial
assessment indicates that the existing boundaries for council districts do not require redistricting
under state and federal law and that no legal basis exists for further redistricting services, there
will be no additional costs due beyond the initial payment of $7,750.00. The fixed fee does not
include costs of publication or mailing of any notice that may be required by state or federal law.
The city has not specifically budgeted for this expense in 2020-2021; however, the legal
department's budget for outside counsel can absorb this expense.
RECOMMENDATION: Approve a Resolution authorizing the city manager to enter into a
contract with Allison, Bass & McGee, L.L.P., redistricting consultant, to analyze the 2020 census
data and to assist the city with redistricting, if necessary, at the cost of $15,500.00.
IN THE CITY COUNCIL
OF
CITY OF PARIS, TEXAS
FLAT RATE/FIXED FEE CONTRACT FOR PROFESSIONAL SERVICES
WHEREAS, under the provisions of the Texas Constitution and federal law, the governing
body of a political entity with legislative authority and members elected from single member
districts is responsible for the division of the political entity into precincts, districts or wards, and
to conduct periodic reapportionment of such single member districts to accomplish. fair
representation and one -person -one -vote balance; and
WHEREAS, the apportionment of the population of the political entity trust comply with
state and federal statutory requirements regarding election administration and compliance with the
Voting Rights Act; and
WHEREAS, professional assistance will assure that the obligations imposed by state or
federal law are satisfied, and that the process is conducted in an orderly, efficient manner; and
WHEREAS, the firin of Allison, Bass & Magee, L.L.P. is prepared to provide all necessary
professional services to assist the City in this effort;
City of Paris hereinafter the City, acting by and through its City Council and Allison, Bass
& Magee, L.L.P, HEREBY AGREE to the following tenris and conditions:
Section 1: STANDARD SERVICES
A. Allison, Bass & Magee, L.L.P. will provide all necessary services to successfully complete
all redistricting projects assigned by the lawful authority of the City. These services
include, but are not limited to, the following:
1. Conduct preliminary planning and assembly of information useful and necessary for
the reapportionment of the City election. subdivisions of the jurisdiction related thereto.
2, Obtain preliminary population data from the U. S. Census Bureau for the 2020 federal
census, and process that data in conformity with the existing City political boundaries
data obtained from. the Census Bureau, the Texas Secretary of State and confirmed by
the City.
3. Prepare the necessary population and demographic analysis to evaluate existing
political subdivisions of the City to ensure that the sarne meet all legal requirements
under State and. Federal law, and to provide a written report to the contracting
governmental entity of all findings.
4. In the event existing political boundaries remain in compliance with state and federal
law without the necessity of reapportionment following the 2020 census, [Entity 1 City
andAllison, Bass & Magee, L.L.P. will conclude this agreement as provided in Section
2A below.
5. Should redistricting be legally required, Allison, Bass & Magee, L.L.P. will, working
in conjunction with the City governing body, or any designated citizens committee,
prepare no less than THREE (3) .ALTERNATIVE REAPPORTIONMENT PLANS,
draft maps, proposals and notices to satisfy all statutory and constitutional
requirements, and will be compensated as provided in Section 2B below.
Consult with the City governing body, or its designated citizens advisory committee,
as needed by mail, telephone, email or facsimile, and will have a representative
personally attend no fewer than THREE PHYSICAL APPEARANCES within the
jurisdiction being reapportioned. These appearances will include a preliminary
workshop with the City Council and/or the Citizens Committee, and not less than two
(2) additional meetings with the designated authority to formulate and discuss each
alternative plan devised by the City Council or Citizens Committee. One or either of
these two additional meetings may include public hearings intended to present
alternative plans to the general public.
7, Publicize, attend and participate in at least one (1) PUBLIC HEARING on proposed
redistricting plans. The Public Hearing array be conducted on the same date as one of
the two additional meetings referenced in paragraph 6.
After approval by the City Council of a reapportionment plan, prepare and file all
necessary maps and other documentation to document for any:future reference the
details of the reapportionment plan, and to submit electronic (digital) files to the Texas
Secretary of State for compliance with all state and federal law.
9. In the event of litigation challenging any plan. adopted by the City, Allison, Bass &
Magee, L.L.P. will agree to provide such additional legal services arid/or support as the
parties may contract under separate agreement,
B. The contracting governmental entity agrees to provide access to all necessary records and
personnel for this project and to fully cooperate with the Attorneys in this project.
Section 2: COMPENSATION
The City, contracting by and through its City Council agrees to compensate Allison, Bass &
Magee, L.L.P. for its services as follows:
A. Initial Assessment_
Fee for preparing an. Initial Assessment of existing political boundaries, including the costs of
obtaining suitable 2020 Census Data, is $7,750. The Initial Assessment fee is due not later than
October 31, 2020.
Should the Initial Assessment indicate that the existing political boundaries for the contracting
governmental entity do not require redistricting under state and federal law, and that no legal basis
exists for fiirther reapportionment services, there will be no additional costs due beyond the Initial
Assessment fee.
B. Further Reapportionment Proceedings Required
Should the Initial Assessment indicate that the existing political boundaries for the contracting
governmental entity require reapportionment under state and federal law and services are provided
for the reapportionment process, the 2nd Installment of $7,750 will be due on October 31, 2021.
C. Total Fixed Fee- NOTE: The Fixed fee does not include the cost ofpublication or mailing
of any notice that may be required by state or federal law. The contracting local
governmental entity will bear the cost of such publication or inailing.
The total fixed fee for services is S 15,500.
EXECUTED on this day of ._ ...... _.__....� 20
Title: City Manager or Mayor
Allison, Bass R Magee, L.L.P.
Partner: Robert T. Bass