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/