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2001-016-RES APPROVING/AUTHORIZING CONTRACT BETWEEN COP AND FIRM OF ALLISON, BASS & ASSOCIATES LLP RESOLUTION NO. 2001-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF PARIS AND THE FIRM OF ALLISON, BASS & ASSOCIATES, L.L.P. TO PROVIDE NECESSARY PROFESSIONAL SERVICES TO ASSIST THE CITY IN FEDERAL AND STATE MANDA TED APPORTIONMENT AND REAPPORTIONMENT OF CITY COUNCIL SINGLE MEMBER DISTRICTS AS MANDATED BY STATE AND FEDERAL LAW AND SECTION 5 OF THE FEDERAL VOTING RIGHTS ACT; DESIGNATING THE CITY CLERK AND THE CITY ATTORNEY AS THE CITY'S OFFICIAL REPRESENTATIVES TO INTERFACE WITH THE CONSULTANTS DURING THE PROCESS OF REAPPORTIONMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, under the provisions ofthe Texas Constitution and Federal Law, including the U. S. Voting Rights Act, city councils are responsible for maintaining the division of the city government representation into distinct city council districts, each district to accomplish fair representation under the One-Person-One-Vote concept; and, WHEREAS, every ten years, following the completion of the United States Census, cities must review and undertake a reapportionment of such single member districts to retain fair representation and maintain the One-Person-One- Vote balance; and, WHEREAS, the apportionment of the single member council districts for the City of Paris are those which must comply with state and federal statutory requirements; and, WHEREAS, professional assistance in the reapportionment process is encouraged by federal officials to insure the City of Paris undertakes the reapportionment process in a manner consistent with state and federal law and in reliance upon the integrity and experience of a qualified consultant to assist the city in fulfilling its responsibilities in an ordinary and efficient manner; and, WHEREAS, the City of Paris likewise undertook a similar reapportionment and redistricting process following the 1990 Federal Census; and, WHEREAS, at the time of said prior reapportionment, the City utilized the services of the firm of Allison, Bass & Associates, L.L.P., to provide the necessary professional services to assist the City of Paris in said reapportionment process, reaping the additional benefit of the fact the same firm provided similar services to Lamar County, thereby allowing common adjustments of certain boundaries to minimize the confusion at the time elections are conducted for the County or for the City; and, WHEREAS, the firm of Allison, Bass & Associates, L.L.P. has already contracted with Lamar County to assist Lamar County in the reapportionment process; and, WHEREAS, the firm of Allison, Bass & Associates, L.L.P. is again prepared to provide all necessary professional services to assist the City of Paris in the process of reapportionment for the year 2000 Census and has presented a proposal and accompanying professional services contract to provide such services; and, WHEREAS, the City Council finds and determines the firm of Allison, Bass & Associates, L.L.P., because of its prior familiarity with the City's population base as a result of similar services in 1990, and because it is highly qualified to perform such services and has already contracted with Lamar County to perform same, thereby affording the City of Paris the benefit of such joint efforts, is uniquely qualified to provide reapportionment services to the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section I. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the Mayor is hereby authorized to execute and the City Clerk to attest to a professional services contract and accompanying proposal from Allison, Bass & Associates, L.L.P. for the aforesaid consultant to provide the requisite professional services in performance of a reapportionment and redistricting of City Council single member districts in accordance with state and federal law and the results of the calendar year 2000 Federal Census. Section 3. That the City Clerk and the City Attorney are hereby authorized and directed to interface with said consultants in the performance of the aforesaid services. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 12th day of February, 2001. ~~,~ Michael J. Pfie~, ay ATTEST: ~'"'''~''''-'''' --~~ Mattie Cunningham, City Clerk APPROVED AS TO FORM: CONTRACT FOR PROFESSIONAL SERVICES WHEREAS, under the provisions of the Texas Constitution and federal law, the City Council of single member district cities is responsible for the division of the city into city wards, and the periodic reapportionment of such wards to accomplish fair representation and one-person-one-vote balance; and WHEREAS, the apportionment of the city must comply with state and federal statutory requirements; and WHEREAS, professional assistance will assure that the City of Paris fulfills its responsibilities in an orderly, efficient manner; and WHEREAS, the firm of Allison, Bass & Associates, L.L.P. is prepared to provide all necessary professional services to assist the City of Paris in this area; The City of Paris, Texas, acting by and through its City Council and Allison, Bass and Associates, a Limited Liability Partnership, HEREBY AGREE to the following terms and conditions: Section 1: STANDARD SERVICES A. Allison, Bass & Associates, L.L.P. will provide all necessary services to successfully complete all redistricting projects assigned by the City of Paris. 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 of Paris City Council and election precincts related thereto. 2. Obtain preliminary population data from the U. S. Census Bureau for the 2000 federal census. 3. Prepare the necessary population and demographic analysis to evaluate existing City Council wards to insure that the same meet all legal requirements under State and Federal law, and to provide a written report to the City Council of all findings. 4. In the event existing political boundaries remain in compliance with state and federa11aw without the necessity of reapportionment following the 2000 census, the City and Allison, Bass & Associates, L.L.P. will conclude this agreement as provided in Section 3A below. NETFILES/P ARIS/CITY REAPPORTIONMENT/PROPOSAL 5. Should redistricting be legally required, prepare THREE ALTERNATIVE REAPPORTIONMENT PLANS, draft maps, proposals and notices to satisfy all statutory and constitutional requirements. 6. Consult with City Council and any authorized citizens advisory committee as needed by mail, telephone, or facsimile, and THREE PHYSICAL APPEARANCES BEFORE THE CITY COUNCIL of the City of Paris. 7. Attend and participate in THREE PUBLIC HEARINGS on proposed redistricting plans. 8. After approval by City Council, prepare and file all necessary maps and other documentation to complete subrnission to the U. S. Department of Justice for Preclearance under the Voting Rights Act. 9. Upon receipt of Preclearance from the Department of Justice, prepare and file all necessary notice, maps and documentation with the appropriate Texas officials in conformity with State law. 10. In the event Preclearance is denied, Allison, Bass & Associates, L.L.P. will agree to provide such additional legal services and/or support as the parties may contract under separate agreement. B. The City of Paris agrees to provide access to all necessary records and city personnel for this project. C. Should additional services be desired and authorized by the City, Allison, Bass & Associates, L.L.P. will assess a fee of $150.00 per hour for attorneys time, plus all out of pocket expenses for travel, additional maps, charts or data not provided within the scope of the standard services package. The Standard Package should be suitable for most cities, but if circumstances require the preparation of more than three (3) alternative reapportionment plans, or more than three (3) City Council appearances, or more than three (3) public hearings, additional compensation will be required. EARLY ENLISTMENT OF PROFESSIONAL SERVICES Section 2: To permit early planning and to facilitate an efficient reapportionment process, the City of Paris contracts for the services of Allison, Bass & Associates, L.L.P. at this time. The City of Paris will incur an obligation for payment of $10,000 on the execution of this agreement. An initial assessment will be prepared upon the release of 2000 Census demographics. If this demographic datea reveals that reapportionment is required, Allison, Bass & Associates, L.L.P. will complete these additional services and submit an invoice for these services on January 1, 2002 in a sum not to exceed $10,000.00 unless specifically authorized by the City Council. NETFILES/P ARIS/CITY REAPPORTIONMENT/PROPOSAL " Section 3: COMPENSATION A. Initial Assessment: Our fee for preparing an Initial Assessment of the City of Paris's existing political boundaries, including the costs of obtaining suitable 2000 Census Data, is $10,000.00. The Initial Assessment fee is due on execution of this agreement. Should the Initial Assessment indicate that the existing political boundaries for the City of Paris do not require redistricting under state and federal law , and that no legal basis exists for further reapportionment services, there will be no additional fee due beyond the Initial Assessment fee. B. Further Reapportionment Proceedings Required Should our Initial Assessment indicate that the existing political boundaries for the City of Paris are unsuitable under state and federallaw, we will proceed with the reapportionment process for an additional fee of $10,000.00. The Final Reapportionment fee is due on January 1,2002. C. Total Fixed Fee The total fixed fee for services is $10,000.00. EXECUTED on this 12th day of February , 2001. The City of Paris BY: ~~ %(e-~7f Michael ;r. Pff ate Mayor Allison, Bass & Associates, L.L.P. BY \;. James P. Allison or Robert T. Bass NETFILES/PARlS/C1TY REAPPORTlONMENT/PROPOSAL