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HomeMy WebLinkAboutResolution - 2021-R0111 - Interlocal Agreement for RedistrictingResolution No. 2021-ROIII Item No. 6.22 March 23, 2021 RESOLUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to cute for and on behalf of the City of Lubbock, an Interlocal Cooperation Agreement by and Neen the City of Lubbock, Lubbock County and Lubbock Independent School District for purpose of conducting redistricting activities. Said Agreement is attached hereto and )rporated in this Resolution as if fully set forth herein and shall be included in the minutes of City Council. by the City Council on the 23rd day of March , 2021. DANIEL M. POPE, MAYOR TTEST: Garza, City AS TO CONTENT: City APPROVED AS TO FORM: Amy Interlocal Agreement -City County LISD-redistricting (3-4-21) INTERLOCAL COOPERATION AGREEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT is entered into on the day of , 2021, by and between Lubbock County, hereinafter called "County", Lubbock Independent School District, herein after called "LISD," and the City of Lubbock, Texas, hereinafter called "City", the parties being political subdivisions of the State of Texas, pursuant to the authority granted by and in compliance with the provisions of the Interlocal Cooperation Act, Chapter 791, Government Code, and in furtherance of the purposes of said parties as provided by law. WHEREAS, the City, LISD, and the County each desire to achieve cost efficiencies for the taxpayers of the City, LISD, and the County; and WHEREAS, the parties must comply with federal law, in particular Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq., in determining the boundaries of the geographical areas of voters that are represented by a seat or position in each parties' respective legislative bodies ("Voting Districts") and the boundaries of each voting precinct within such Voting Districts; and WHEREAS, said boundaries of the Voting Districts must be redrawn after the completion of the United States Census process every ten years in a process known as "Redistricting;" and WHEREAS, Redistricting activities often require each party to hire an expert consultant in order to determine the number and make-up of the voters in each Voting District, acquire any needed public input, and to analyze resulting data acquired to best determine the boundaries of the Voting Districts to be in compliance with federal law (the "Redistricting Activities"); and WHEREAS, the boundaries of each Voting District and the boundaries of each voting precinct within such Voting Districts must align in order to preserve the integrity of the election for each party; and WHEREAS, the various Voting Districts of each party often share boundaries of the Voting Districts of the other parties; and WHEREAS, the parties find that it is advantageous and cost effective to cooperate in conducting the Redistricting Activities, including the selection of any required qualified expert consultant. NOW THEREFORE WITNESSETH: 1. PURPOSE. The purpose of this agreement is for the parties to this Agreement to cooperate in Redistricting Activities and in contracting for any services related to the Redistricting Activities. 2. DUTIES OF THE CTl'Y. (A) The City will be responsible for administering the selection process to select the expert consultant for the Redistricting Activities and issuing any requests for proposals or requests for qualification related thereto. (B) The City shall be the primary contracting entity with any expert consultant hired to assist with any Redistricting Activities. (C) The City shall pay one-third (1 /3) of the cost of the Redistricting Activities, including one-third (1 /3) of the costs for any expert consultant hired to assist with any Redistricting Activities. (D) The City shall provide any and all necessary documentation in order to facilitate the Redistricting Activities. 7 (E) The City shall provide staff support and input as may be required for the Redistricting Activities. 3. DUTIES OF THE COUNTY. (A) The County shall pay one-third (1 /3) of the costs associated with the Redistricting Activities, including one-third (1 /3) of the costs for any expert consultant hired to assist with any Redistricting Activities. (B) The County shall provide any and all necessary documentation in order to facilitate the Redistricting Activities. (C) The County shall provide staff support and input as may be required for the Redistricting Activities. 4. DUTIES OF LISD. (A) LISD shall pay one-third (1/3) of the costs associated with the Redistricting Activities, including one-third (1/3) of the costs for any expert consultant hired to assist with any Redistricting Activities. (B) LISD shall provide any and all necessary documentation in order to facilitate the Redistricting Activities. (C) LISD shall provide staff support and input as may be required for the Redistricting Activities. SHARED RESPONSIBILITIES OF CITY, COUNTY, AND LISD. (A) The parties shall work together in the selection of any expert consultant hired to assist with any Redistricting Activities. This shall include providing staff to form a committee to review any responses received by the City in the selection process of any expert consultant hired to assist with any Redistricting Activities 3 (B) The parties shall work together and assist each other throughout the Redistricting Activities. This shall include sharing voter data related to the Redistricting Activities, sharing GIS and mapping data of the parties, and holding any public hearings related to the Redistricting Activities. 5. TERM. The term of this agreement shall be for one (1) year from the date of execution by both parties and it may be extended annually thereafter upon mutual agreement of the parties expressed in writing prior to the end of such term or any subsequent extension. 6. EARLY TERMINATION. Any party to this agreement may terminate it upon (30) days written notice to the other parties. However, the terminating party shall pay for its portion of any expenses incurred prior to the notice of termination being received by the remaining parties. 7. IMMUNITY. The parties expressly retain all immunities to which they are entitled under the law and do not, by entering this Agreement, waive any immunity. 8. AUTHORIZATION (A) This Agreement shall be duly authorized by the governing body of each party. (B) Each party paying for the performance of governmental functions or services pursuant to this Agreement shall make payments therefore from current revenues available to the paying party. (C) Each parties' Chief Administrative Officer shall designate the appropriate official or officials within its jurisdiction to take actions necessary to carry out the purposes of this Agreement. Each party shall provide the other with the name, address, title or position, and telephone number of each designated official. The same information 4 shall be provided for the official authorized to direct activities under this Agreement, if different from the above mentioned officials. 9. WAIVER (A) Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other parties. (B) The relationship between the parties is at all times solely that of contractor/contractee, and may not be deemed, in any event, a partnership or a joint venture and conveys no other rights or privileges. 10. AMENDMENTS This Agreement contains all commitments and agreements of the parties and no other oral or written commitments shall have any force or effect if not contained herein. Any proposed amendments shall not be effective until approved in writing by all parties to this Agreement. 11. VENUE Each party agrees that if legal action is brought under this Agreement, exclusive venue shall lie in the Lubbock County, Texas. 13. SAVINGS CLAUSE In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. AGREED AND APPROVED In Witness hereof, the parties hereto have caused this Agreement to be executed by their authorized officers the day and year first above written. 5 CITY OF LUBBOCK, TEXAS DANIEL M. POPE, MAYOR ATTEST: D'J." -N' R, becca Garza, City S•QJtary APPROVED AS TO CONTENT: Reb ca Garza, City Se ret y APPROVED AS TO FORM: Deputy ,,�e COUNTY OF LUBBOCK, TEXAS �� .ram � • ATTEST: Kelly ini ,County Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: Neal Burt, Assistant bisfrict Attorney LUBBOCK INDEPENDENT SCHOOL DISTRICT: t���_.. .. 3,, ENT APPROVED AS TO CONTENT: IQ1��Z�]i1�77a[.���1��77uTIi 6� 2"" Ann Manning, Attorney for LISD