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