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HomeMy WebLinkAboutC2011-208 - 6/14/2011 - ApprovedSTATE OF TEXAS § COUNTY OF NUECES § INTERLOCAL AGREEMENT This Agreement made and entered into 1 of 2011, by and between the City of Corpus Christi, a Texas home -rule murdbipal corporation hereinafter referred to as "City ", and Del Mar College District, hereinafter referred to as "College", 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 and College 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, both the City and College 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 College specify that each party paying for the performance of said functions of government shall make those payments from current funds available to the paying party. NOW THEREFORE, this contract is made and entered into by City and College in consideration of the aforementioned recitals and for the mutual consideration stated herein ( "The Agreement "): PURPOSE OF AGREEMENT The purpose of the Agreement is for the parties to employ 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 plan based on census data and a framework for its implementation. Selected law firm shall prepare briefings to the City Council and Board of Regents and staff 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 2011 -208 Res. 029097 06/14/11 Del Mar College INDEXED 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 City Council and Board of Regents; and (5) provide ongoing legal counsel on questions that arise from redistricting issues. Each entity reserves the right to select its own sole legal counsel as a result of the Request for Qualifications process. 2. DUTIES OF THE CITY AND COLLEGE City and College shall prepare the Request for Qualifications for employment of law firm to provide legal services related to City and College redistricting. The Request for Qualifications shall be issued jointly by the City and College. City shall receive the submitted qualification statements from law firms and provide College representative will copy. City representatives shall meet with College representatives to review submitted qualifications. The City Attorney and College Legal Counsel shall forward law firm recommendation to City Manager and College President, to be submitted for approval to the City Council and Board of Regents no later than September 30, 2011. City shall receive the law firm bills and issue payment to law firm, with City to be reimbursed by College in equal shares of the bills. College shall issue reimbursement within thirty (30) days of receipt of invoice from City. First reimbursement to occur after September 1, 2011. 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 THE COLLEGE: Del Mar College President 101 Baldwin Corpus Christi, Texas 78404 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 Regents and by resolution of the City Council. EXECUTED ON THIS THE DAY OF , 2011 IN DUPLICATE ORIGINALS BY: Rona o City Man er Da f ATTEST: By. Armando Chapa City Secretary APPROVED AS TO FORM: Lisa Aguilar Assistant City Attorney for the City Attorney DEL MAR COLLEGE DISTRICT By: Q�" Uv` Trey McCampb II Board Chair Date: 8 Y: I/ � Z_ - /_/_ Mark Kscamilla, Ph. D. President COUNCIL ...,42L 114 h(,�., SEWARY0. Date: '7 4 lar I l/