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2011-030 RES 2010 CENSUS DATE AND REDISTRICTINGRESOLUTION NO. 2011-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH A REDISTRICTING CONSULTANT TO ANALYZE THE 2010 CENSUS DATE AND TO ASSIST THE CITY WITH REDISTRICTING IF NECESSARY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the United States Census Bureau, State and Federal Law and Section 8 of the City Charter require the determination of whether redistricting is necessary based on the 2010 census data; and, WHEREAS, the City Council has received a proposal from Allison, Bass & Associates, L.L.P. to perform redistricting analysis and to prepare a redistricting plan for the City to be submitted for Justice Department review; and, WHEREAS, the City Council hereby find and determines that it is in the best interest of the City of Paris, Texas and its citizens to enter into an Agreement with Allison, Bass & Associates, L.L.P. to perform Redistricting Analysis and development of a redistricting plan for the City of Paris, a copy of said Agreement is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. The City Manager be, and he is hereby authorized to enter into an Agreement with Allison, Bass & Associates L.L.P. for 2010 Census Analysis and Redistricting Services, a substantial copy of said Agreement being attached hereto as Exhibit A. Section 3. This resolution shall be effective immediately upon passage. DULY PASSED AND APPROVED this 14th_d,ay- "arch, 2011. ~ , Will Biard, Mayor ATTEST: , J nice Ellis, City Clerk APPROVED AS TO FORM: W. Kent Mc ya ity Attorney 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 members elected from single member districts is responsible for the division af the political entity into precincts, districts ar wards, and to conduct periodic reapportionment of such wards to accomplish fair representation and one-person-one- vote balance; and WHEREAS, the apportionment of the population of the political entity must comply with state and federal statutory requirements; and WHEREAS, professional assistance will assure that the obligations imposed by state and federal law are satisfied, and that the process is conducted in an orderly, efficient manner; and WHEREAS, the firm of Allison, Bass & Associates, L.L.P. is prepared to provide all necessary professiona] services to assist in this area; Therefore, the City of Paris, acting by and through its Ciry Council and Allison, Bass and Associates, a Limited Liability Aartnership, HEREBY AGREE to the following terms and conditions: Section l: STANDARD SERVIGES A. Allison, Bass & Associates, L.L.P. will provide all necessary services to successfully complete all redistricting projects assigned by the lawful authority of the contracting governmental entity. These services include, but are not limited to, the following: Conduct preliminary planning and assembly of information useful and necessary for the reapportionment of the contracting governmental entity and election subdivisions of the jurisdiction related thereto. 2. Obtain preliminary population data from the U. S. Census Bureau for the 2010 federal census. Prepare the necessary population and demographic analysis to evaluate existing political boundaries of the contracting governmental entity to insure that the same 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 2010 census, the contracting governmental entiry and Allison, Bass & Associates, L.L.P. will conclude this agreement as provided in Section 2A below. 5. Should redistricting be legally required, Allison, Bass & Associates, L.L.P. will, worlcing in conjunction with the contracting governmental entity, prepare no less than THREE (3) ALTERNATIVE REAPPORTIONMENT PLANS, draft maps, Page I I FLAT RATF./FIXFD FTs'E; CON7'RACT FOR PROFESSIONAI. SERYICF.S EXHIBIT "A" proposals and notices to satisfy all statutory and constitutional requirements, and will be compensated as provided in Section 2B below. 6. Consult with the designated authority (either the governing body of the contracting govemmental entity, or any authorized citizens advisory committee) as needed by mail, telephone, email or facsimile and no fewer than THREE PHYSICAL APPEAREINCES within the jurisdiction being reapportioned. These appearances will include a preliminary workshop with the executive board of the contracting govemmental entity, and not less than two (2) meetings with the designated authority. 7. Attend and participate in one or two PUBLIC HEARINGS on proposed redistricting plans. The Public Hearings will be conducted after the designated authority has made a recommendation to the contracting govemmental entity, and may be conducted on the same date in two different locations within the jurisdiction being reapportioned. After approval by the executive board of the contracting govemmental subdivision, prepare and file all necessary maps and other documentation to complete submission 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 litigation is required, Allison, Bass & Associates, L.L.P. will provide such additional legal services and/or support as the parties may contract under separate agreement. B. The contracting govemmental entity agrees to provide access to all necessary records and personnel for this project and to fu11y cooperate with the Attorneys in this project. Section 2: COMPENSATION The contracting govemmental entity agrees to compensate Allison, Bass & Assaciates, LLP for its services as follows: A. Initial Assessment: Fee for preparing an Initial Assessment of existing political boundaries, including the costs of obtaining suitable 2010 Census Data, is $1,500.00. The Initial Assessment fee is due June 30, 2010. Should the Initial Assessment indicate that the existing political boundaries for the contracting govemmental entity do not require redistricting under state and federal law, and that ndge 12 FLA"C RATE/FIXED Ff'sE CON7'RAC7' FOR PROFTSS10NA1. SERVICF.S no legal need exists for further reapportionment services, there will be no additional costs due beyond the lnitial Assessment fee. B. Further Reapportionment Proceedings Required Should the Initial Assessment indicate that the existing political boundaries for the contracting governmental entity are unsuitable under state and federal law and services are required for the reapportionment process the 2°d Installment of $5,500.00 will be due on September 1, 2011. Upon completion of the project, and submission of the plan adopted by the contracting governmental entity to the United States Department of Justice, a final and 3ra Installment Fee of $5,500.00 will be due on September 1, 2012. C. Total Fixed Fee- NOTE: The Fi.xed,fee does not include the cost of publication or mailing of any notice that may be required by state or federal law. The contracting local governmental errtiry will bear the cost of such publication or mailing. The total fixed fee for services is $12,500.00. EXECUTED on this day of , 20 BY: Title: Representative for the City of Paris Allison, Bass & Associates, L.L.P. BY: James P. Allison or Robert T. Bass Page 13 FI A'f RATF./FIXED FEE CON1'RACT FOR PROFESSIONAI. SERVICES