Loading...
HomeMy WebLinkAboutC2011-207 - 6/14/2011 - ApprovedSTATE OF TEXAS § COUNTY OF NUECES § INTERI_OCAL AGREEMENT This Agreement made and entered into this day of , 2011, by and between the City of Corpus Christi, a Texas home -rule mu icipal corporation hereinafter referred to as "City", and Corpus Christi Independent School District, hereinafter referred to as "CCISD", under the authority and in accordance with the Interlocal Cooperation Act, as set out in Chapter 791, Texas Government Code. WITNESSETH: WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of the state to enter into contracts for governmental functions and services to increase their efficiency and effectiveness; and WHEREAS, the City desires to enter into an Interlocal Agreement with Del Mar College ("College") and CCISD to share costs to issue a Request for Qualifications for legal counsel to assist the respective entities with redistricting issues; WHEREAS, Del Mar Board of Regents has approved an Interlocal Agreement with City of Corpus Christi regarding the issuance of Request for Qualifications; WHEREAS, the City and CCISD are local governments as defined in Texas Government Code, Section 791.003(4), have the authority to enter into this agreement, and have each entered into this agreement by the action of its governing body in the appropriate manner prescribed by law; and WHEREAS, the City and CCISD represent to one another that each respective party has the authority to enter into this Agreement and perform the obligations and duties stated herein; and WHEREAS, the City and CCISD specify that each party paying for the performance of said functions of government shall matte those payments from current funds available to the paying party. NOW THEREFORE, this Agreement is made and entered into by City and CCISD in consideration of the aforementioned recitals and for the mutual consideration stated herein ( "Agreement "): PURPOSE OF AGREEMENT The purpose of this Agreement is for the parties to employ a law firm to obtain legal services to assist the parties with their respective redistricting requirements. The selected law firm shall perform an initial assessment to determine if redistricting will be necessary. If necessary, the selected firm shall provide a comprehensive redistricting 2011 -207 Res. 029097 06/14/11 CCISD INDEXED plan based on census data and a framework for its implementation. Selected law firm shall prepare briefings to the City Council, College Board of Regents, CCISD Board of Trustees and their respective staffs on the requirements of redistricting and assist in developing criteria to be followed in redistricting decisions. The selected firm shall (1) develop redistricting plans to include ethnic population statistics and maps, and advise the governing bodies regarding merits of plans; (2) attend meetings of the governing bodies and those scheduled by staff to the extent required or requested to discuss the redistricting plans; (3) conduct public presentations of proposed plans and summarize comments for the governing bodies; (4) prepare submissions for preclearance by the Department of Justice on respective plans approved by the respective governing bodies; and (5) provide ongoing legal counsel on questions that arise from redistricting issues. Each entity participating in the RFQ process reserves the right to select its own sole legal counsel as a result of the Request for Qualifications process, or to withdraw from the Request For Qualification process at any time. The selected law firm shall prepare a separate redistricting plan for each separate entity. Each entity shall be responsible for review and approval of its own distinct and individual redistricting plan. 2. DUTIES OF THE PARTIES The City and College shall prepare the Request for Qualifications (hereinafter "RFQ ") for employment of law firm to provide legal services related to City, College and CCISD redistricting. The RFQ shall be submitted to CCISD's General Counsel for review. The Request for Qualifications shall be issued jointly by the City, College and CCISD. The City shall receive the submitted qualification statements from law firms and provide College representative and CCISD representatives with a copy. City representatives shall meet with College representatives and CCISD representatives to review submitted qualifications. The City Attorney, College Legal Counsel and CCISD General Counsel shall forward the law firm recommendation to the City Manager,College President, and CCISD Superintendent, to be submitted for approval to the City Council, College Board of Regents and CCISD Board of Trustees no later than September 30, 2011. The City shall receive the law firm bills and issue payment to law firm, with the City to be reimbursed by College and CCISD with each party (City, College and CCISD) paying an equal share of the bills. CCISD shall issue reimbursement within thirty (30) days of receipt of invoice from City. 3 3. TERM AND TERMINATION This Interlocal Agreement shall have one year term and shall be effective upon its date of execution by the last party to execute the Agreement. This Agreement may be terminated at any time by either party upon sixty (60) days written notice to the other parties. 4. NOTICE Official notice shall be by written notice and delivery to all of the parties to this Agreement. Delivery shall be.fax or deposit in the United States Postal Service, first class, return receipt requested to: TO THE CITY: The City of Corpus Christi City Attorney P.O. Box 9277 Corpus Christi, Texas 78469 -9277 TO CCISD: Corpus Christi Independent School District Attn: Dr. Roland Hernandez, Chief Administrative Officer 801 Leopard Street Corpus Christi, Texas 78401 5. FISCAL FUNDING Notwithstanding anything to the contrary herein, this Agreement is expressly contingent upon the availability of funding for each item and obligation contained herein. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code. 6. VENUE Venue to enforce this Agreement shall lie exclusively in Nueces County, Texas. 7. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties hereto and may not be modified except by an instrument in writing executed by the parties hereto as herein provided. 8. WAIVER It is not a waiver of default if the non - defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Agreement does not preclude pursuit of other remedies in this Agreement or provided by law. 9. COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 10. APPROVAL This agreement is expressly subject to and contingent upon formal approval by Board of Trustees and by resolution of the City Council. EXECUTED ON THIS THE DAY OF D4—, ORIGINALS BY: THE CITY OF CORPUS CHRISTI By: T )� � 0- , Ronald L. Olson City Manager h�l '7 a-V1 � Date: I ATTEST: By: r o lh �� Armando Chapa City Secretary 2091 IN DUPLICATE AWHORIZED sE� APPROVED AS TO FORM: 6. 1 1f By: 4�z� Lisa Aguilar Assistant City Attorney for the City Attorney CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: D. Scott Elliff Superintendent of Schools Date: Approved as to legal form: General Counsel for CCISD