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HomeMy WebLinkAboutResolution - 2021-R0232 - Contract 15708 with Bickerstaff Heath Delgado Acosta LLC for Redistricting 6.22.2021Resolution No. 2021-R0232 Item No. 6.23 June 22, 2021 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Professional Services Agreement Contract No. 15708 for Redistricting Services for and on behalf of the City of Lubbock, Lubbock County, and Lubbock Independent School District, by and between the City of Lubbock and Bickerstaff Heath Delgado Acosta LLP, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on ATTEST: Rebecca arza, City Se ret ry APPROVED AS TO CONTENT: Reb arza, City Se"ry APPROVED AS TO FORM: Attorney June 22, 2021 DANIEL M. POPE, MAYOR Resolution No. 2021-R0232 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement') Contract No.15708 is entered into Bickerstaff Heath Delgado Acosta LLP (the" Consultant'), a Texas limited liability partnership, and the political subdivisions of the State of Texas, consisting of the City of Lubbock (the "City), Lubbock County (the "County") and Lubbock Independent School District (the "LISD") hereafter referred to collectively as the "Political Subdivisions". WITNESSETH WHEREAS, the City desires to contract with the Consultant to provide professional services for Redistricting Services for and on behalf of the Political Subdivisions (the "Activities") as awarded in RFQ 21-15708-MA; and WHEREAS, the Consultant has a professional staff experienced and is qualified to provide professional Consulting services related to the Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by the City and the Consultant to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Consultant to provide professional services related to the Activities, and Consultant desires to provide the Services related to same; NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City, for itself and on behalf of the other Political Subdivisions, and the Consultant hereby agree as follows: ARTICLE I. TERM The initial term of this Agreement commences on the 22nd 2021 and continues without interruption until the Activities are complete. day of June Per RFQ 21-15708-MA (Exhibit `B"), Consultant must represent the County in odd years from 2023-2029 to update voting precincts as needed. The County must obtain a Scope of Work and current pricing from the Consultant in each odd numbered year as needed. 01333114;3 Page 1 of 11 ARTICLE H. SERVICES AND COMPENSATION A. The Consultant shall conduct all activities, and within such timeframes, as set forth in the Consultants response to RFQ 21-15708-MA, attached hereto as Exhibit "C" (the "Services"), or as otherwise agreed. B. The Consultant shall receive as consideration to be paid for the performance of the Services identified in the Political Subdivisions' respective estimated budgets, in an amount not to exceed $114,810.00, as set forth in Exhibit "A". Each of those estimated budgets provides for a limited number of plans to be developed, meetings and public meetings to be held, and of other related services; increases in the number of plans, meetings, public meetings, or other services would increase the total price. Reconfigurations of County election precincts in subsequent years is not included in the estimated budget for the County. ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Consultant. In the event this Agreement is so terminated, the City shall only pay the Consultant for services actually performed by the Consultant up to the date the Consultant is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Consultant breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. C. Termination by Consultant. The Consultant may terminate this Agreement as to any one or more of the Political Subdivisions upon thirty (30) days' written notice for failure of the applicable Political Subdivision to timely pay any invoice for Services; or for a Political Subdivision's refusal to accept the Consultant's legal advice regarding the Services. ARTICLE IV. NON - ARBITRATION The Political Subdivisions reserves the right to exercise any right or remedy available to them by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief 01333114;3 Page 2 of 11 in a court of competent jurisdiction. Further, the Political Subdivisions shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. The Consultant is a limited liability partnership duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. The Consultant has the legal power and authority to enter into and perform this Agreement and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Consultant. This Agreement constitutes legal, valid, and binding obligations of the Consultant and is enforceable in accordance with the terms thereof. D. Consultant. The Consultant maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. The Consultant will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Consultant warrants that any materials provided by the Consultant for use by the Political Subdivisions pursuant to this Agreement shall not contain any proprietary material owned by any third party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials; or that Consultant has consent or other authorization to use and provide such third -party materials. The Consultant shall be solely responsible for ensuring that any materials provided by the Consultant pursuant to this Agreement satisfy this requirement and the Consultant agrees to indemnify 01333114;3 Page 3 of 11 and hold the Political Subdivisions harmless from all liability or loss caused to the Political Subdivisions or to which the Political Subdivisions are exposed on account of the Consultant's failure to perform this duty; except, however, if the Political Subdivisions (or any one or more of them) violate any limitations on use or dissemination stated by Consultant. ARTICLE VI. SCOPE OF WORK The Consultant shall accomplish the following: Professional Services related to the Services, as provided in Exhibit "A-C", attached hereto and made a part hereof for each Political Subdivision ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Consultant and the Political Subdivisions agree that the Consultant shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The Consultant has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services under this Agreement, the Consultant and the Consultant's employees and/or sub - consultants, will not be considered, for any purpose, employees or agents of the Political Subdivisions within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VIII. INSURANCE The Consultant shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the Political Subdivisions, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. The Consultant shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub -consultant of the Consultant to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VH or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: 01333114;3 Page 4 of 11 Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $2,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 Worker's Compensation Per Occurrence Single Limit: $500,000 The Consultant shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Consultant herein, including without limitation, Professional Liability coverage, protecting the Political Subdivisions against losses caused by the professional negligence of the approved subcontractor or sub -consultant. The Political Subdivisions shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The Consultant shall provide a Certificate of Insurance to the Political Subdivisions as evidence of coverage. The Certificate shall provide 30 day's notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Consultant shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the Consultant shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Consultant maintains said coverage. The Consultant may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the Political Subdivisions. If at any time during the life of the Agreement or any extension hereof, the Consultant fails to maintain the required insurance in full force and effect, the Consultant shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at the Consultant's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail 01333114;3 Page 5 of 11 coverage) shall be no less than 10 years after the completion of the Services provided for in this Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Consultant may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of Consultant, as set forth on Exhibit "A", attached hereto, under this Agreement. The Consultant is at all times responsible to the Political Subdivisions to perform the Services as provided in this Agreement and the Consultant is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Consultant shall be required by the Consultant to carry, for the protection and benefit of the Political Subdivisions and the Consultant and naming said third parties as additional insureds, insurance as described above required to be carried by the Consultant in this Agreement. The Consultant represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTIALITY The Consultant shall retain all information received from or concerning the Political Subdivisions and the Political Subdivisions' business in strictest confidence and shall not reveal such information to third parties without prior written consent of the Political Subdivisions, unless otherwise required by law, except for information deemed public under the Texas Public Information Act. ARTICLE XI. INDEMNITY THE CONSULTANT SHALL INDEMNIFY AND SAVE HARMLESS THE POLITICAL SUBDIVISIONS AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT PROXIMATELY CAUSED BY THE NEGLIGENT ACTS OF THE CONSULTANT, ITS AGENTS, 01333114;3 Page 6 of 11 EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF POLITICAL SUBDIVISIONS OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. TO THE EXTENT PERMITTED BY LAW, THE POLITICAL SUBDIVISIONS (OR THE APPLICABLE POLITICAL SUBDIVISION(S)) SHALL INDEMNIFY AND SAVE HARMLESS THE CONSULTANT AND ITS OFFICERS, AGENTS, EMPLOYEES, AND SUB -CONSULTANTS FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR: (A) INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT PROXIMATELY CAUSED BY THE NEGLIGENT ACTS OF THE CONSULTANT, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF POLITICAL SUBDIVISIONS OWNED PROPERTY; AND (B) ANY CLAIM BY A THIRD PARTY OF INFRINGEMENT OF THE THIRD PARTY'S INTELLECTUAL PROPERTY OR PROPRIETARY INFORMATION BASED IN WHOLE OR PART ON ASSERTIONS OF UNAUTHORIZED USE, DISSEMINATION, OR OTHER INFRINGEMENT ("INFRINGING USE") BY THE RESPECTIVE POLITICAL SUBDIVISION(S), WHERE THE POLITICAL SUBDIVISION WAS INFORMED BY CONSULTANT THAT SUCH INFRINGING USE WAS PROSCRIBED. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS The Consultant shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Consultant to the Political Subdivisions or the Political Subdivisions to the Consultant is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice 01333114;3 Page 7 of 11 shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Consultant's Address. The Consultant's address and numbers for the purposes of notice are: Bickerstaff, Heath, Delgado, Acosta, LLP. ATTN:David Mdndez 3711 S. MoPac Expressway Building One, Suite 300 Austin, TX 78746 Telephone: 512-472-8021 C. Political Subdivisions' Address. The Political Subdivisions' address and numbers for the purposes of notice are: City of Lubbock Attn: Becky Garza P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Email:bgarzaC&mylubbock.us Telephone: 806-775-2061 Lubbock County Attn: Curtis Parrish P.O. Box 10536 916 Main Street Lubbock, TX 79408 Email:cparrishrc�.lubbockcounty.; ov Telephone: 806-775-1687 Lubbock ISD Attn: Sheri Dahl 1628 191h Street Lubbock, TX 79401 Email: sherri.dahlrc�r lubbockisd.orb Telephone: 806-219-0233 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. POLITICAL SUBDIVISIONS -PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The Political Subdivisions shall furnish the Consultant non -confidential studies, reports and other available data in the possession of the Political Subdivisions pertinent to the Consultant's Services (the "Provided Data). The Consultant shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. 01333114;3 Page 8 of 11 ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Records. The Consultant shall maintain records that are necessary to substantiate the services provided by the Consultant. D. Assignability. The Consultant may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the Political Subdivisions and the Consultant, and in the case of the Political Subdivisions, its respective successors, legal representatives, and assigns, and in the case of the Consultant, its permitted successors and assigns. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN PART IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Consultant and the City. I. Entire Agreement. This Agreement, including Exhibits "A" through "C" attached hereto, contains the entire agreement between the City and the Consultant, and there are no other written or oral 01333114;3 Page 9 of 11 promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal - agent relationship between the Consultant and the Political Subdivisions. K. Documents Owned by Political Subdivisions. Any and all physical documents, drawings and specifications prepared by Consultant as part of the Services hereunder, shall become the property of the Political Subdivisions when the Consultant has been compensated as set forth in Article II, above. The Consultant shall make copies of any and all work products for its files. No copyrights or other rights in or to the work product of Consultant are transferred by this Agreement; provided, that the applicable Political Subdivision shall have the right to use in the ordinary course of its business, including reproducing and disseminating, all work product of Consultant provided by Consultant to the Political Subdivision. L. Notice of Waiver. A waiver by either a Political Subdivision or the Consultant of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. M. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than the Political Subdivisions and the Consultant. N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the services covered by this Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"); and Consultant shall have no further obligation or liability under the Agreement; provided, that payment for services provided in whole or party by Consultant prior to termination shall be promptly paid, subject to limits of the remaining current appropriation. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Consultant on thirty (30) days prior written notice,. 01333114;3 Page 10 of 11 O. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. P. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. Q. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. EXECUTED by each Parties on the dates indicted below. CITY OF L OCK DANIEL M. POPE, MAYOR DATE: June 22, 2021 ATTEST: Q414C4-e- :� Re ecca Garza, City S ret 01333114;3 Page 11 of 11 City D artment Head APPROVED AS TO FORM: Amy L. s, Deputy City Attorney BICKERSTAFF, HEATH, DELGADO, ACOSTA LLP By:c� c� [Firm Signature] DATE: 6/15/2021 01333114;3 Page 12 of 11 Proposed City of Lubbock 2021 Redistricting Budget I. PRELIMINARY WORK Initial schedule planning Gather data and input benchmark Geocode incumbents Identify and begin other Census -related tasks II. INITIAL ASSESSMENT Preparation of initial assessment (flat fee) III. CONSULT WITH CLIENT AND DEVELOP AND ADOPT CRITERIA Initial consultation with City Council Notice of public meeting (criteria) translate Geocode locations (polling places, and facilities) Draft resolution on criteria & process ADVICEICONSULTATION Total Hours ADVICEICONSULTATION Total Cost IV. DEVELOP REDISTRICTING PLANS Build first Illustrative Plan for City Council Districts Revise Illustrative Plan for City Council Districts DEVELOP REDISTRICTING PLANS Total Hours DEVELOP REDISTRICTING PLANS Total Cost V. PUBLIC HEARINGS AND ADOPTION OF PLAN Prepare for and conduct public hearing adoption of final plan Translate hearing notices/submission notice into Spanish Large format maps for posting at public hearings ($50.00 x 2 maps) PUBLIC HEARINGS AND ADOPTION OF PLAN Total Hours PUBLIC HEARINGS AND ADOPTION OF PLAN Total Cost VI. REQUIRED DISSEMINATION OF REDISTRICTING PLANS Maps/demographic information to City Submit adopted redistricting plan to County Elections' Department Send digital mapping files as client directs Prepare any additionally requested maps DISSEMINATION OF PLANS Total Hours DISSEMINATION OF PLANS Total Cost Total Attorney Hours 42 Total GIS Hours 67 Total Paralegal Hours 19 GRAND TOTALS Partner Atty Senior GIS GIS Para $450 $300 $230 $180 $180 Flat Fee 8 3 5 8 1 0 1 0 0 2 0 0 3 5 2 1 2 0 0 2 9 6 81 13 7 $4,050 1 $1,800 1 $1,840 1 $2,340 1 $1260 4 7 5 9 2 3 5 5 9 2 71 121 101 18 4 $3,150 1 $3,600 1 $2,300 1 $3,240 1 $720 31 51 31 6 4 $1,350 1 $1,500 1 $690 1 $1,080 $720 0 0 0 2 1 0 0 1 2 1 0 0 1 1 1 0 0 0 2 l 01 01 21 7 4 $0 I $0 1 $460 1 $1,260 1 $720 Exhibit A Reimbursable Flat fee Expenses $4,500.00 $50.00 $200.00 $100.00 $8,550 1 $6,900 1 $5,290 1 $7,920 1 $3,420 1 $4,500.00 $350.00 TOTAL FOR ALL PM TOTAL HOURS Hours allocated to pleas are for districts Nral follow existing Census geography. This budget includes one City Council District plan with revisions. c2020 j� Bickerstaff • Heath Delgado Acosta LLP I. PRELIMINARY WORK Initial schedule planning Gather data and input benchmark Geocode incumbents Identify and begin other Census -related tasks H. INITIAL ASSESSMENT Preparation of initial assessment (flat fee) III. CONSULT WITH CLIENT AND DEVELOP AND ADOPT CRITERIA Initial consultation with School Board Notice ofpublic meeting (criteria) translate Geocode locations (polling places, and facilities) Draft resolution on criteria & process ADVICE/CONSULTATION Total Hours ADVICE/CONSULTATION Total Cost IV. DEVELOP REDISTRICTING PLANS Build first Illustrative Plan for Trustee Districts Revise Illustrative Plan for Trustee Districts DEVELOP REDISTRICTING PLANS Total Hours DEVELOP REDISTRICTING PLANS Total Cost V. PUBLIC HEARINGS AND ADOPTION OF PLAN Prepare for and conduct public hearing/adoption of final plan Translate hearing notices/submission notice into Spanish Large format maps for posting at public hearings ($50.00 x 2 maps) PUBLIC HEARINGS AND ADOPTION OF PLAN Total Hours PUBLIC HEARINGS AND ADOPTION OF PLAN Total Cost VI. REQUIRED DISSEMINATION OF REDISTRICTING PLANS Maps/demographic information to District Submit adopted redistricting plan to County Elections' Department Send digital mapping files as client directs Prepare any additionally requested maps DISSEMINATION OF PLANS Total Hours DISSEMINATION OF PLANS Total Cost Total Attorney Hours Total CIS Hours Total Paralegal Hours GRAND TOTALS Proposed Lubbock ISD 2021 Redistricting Budget 42 67 19 Reimbursable Partner Atty Senior CIS CIS Para Flat fee Expenses $450 $300 $230 $180 $180 Flat Fee $4,500.00 8 3 5 8 1 0 1 0 0 2 $50.00 0 0 3 5 2 1 2 0 0 2 91 61 9: 13 7 $4,050 1 $1,800 1 $1,840 1 $2,340 1 $1260 4 7 5 9 2 3 5 5 9 2 71 12 10 18 4 $3,150 1 $3,600 1 $2,300 1 $3,240 1$720 $200.00 $100.00 31 51 31 6 4 $1,350 1 $1,500 1 $690 1 $1,080 1$720 0 0 0 2 l 0 0 1 2 1 0 0 1 l 1 0 0 0 2 1 01 01 21 7 4 $0 I $0 1 $460 1 $1,260 1$720 $8,550 1 $6,900 1 $5,290 1 $7,920 1 $3,420 1 $4,500.00 5350.00 TOTAL FOR ALL $36,930 TOTAL HOURS 128 • Hours allocated to plaits are for districts that follow existing Census geography. This budget includes one City Council District plan with revisions. t2020 n Bickerstaff Heath Delqado Acosta LLP Proposed Lubbock County 2021 Redistricting Budget I. PRELIMINARY WORK Initial schedule planning Gather Data and input benchmark Geocode incumbents Identify and begin other Census -related tasks II. INITIAL ASSESSMENT Preparation of initial assessment (flat fee) III. CONSULT WITH CLIENT AND DEVELOP AND ADOPT CRITERIA Initial Consultation with Commissioners Notice of public meeting (criteria) translate Geocode locations/load County data (polling places and facilities) Draft resolution on criteria & process ADVICEICONSULTATION Total Hours ADVICEICONSULTATION Total Cost IV. DEVELOP REDISTRICTING PLANS Build first illustrative plan Commissioner Precincts Revisions to Commissioner Precincts Build Election Precinct plan' Second Election Precinct adjustment DEVELOP REDISTRICTING PLANS Total Hours DEVELOP REDISTRICTING PLANS Total Cost V. PUBLIC HEARINGS AND ADOPTION OF PLAN Prepare for and conduct Public hearing Analyze public input Prepare for and conduct meeting at conclusion of hearings to present findings Meeting to adopt Final Plan Translate hearing notices/submission notice into Spanish Large Format Maps for Posting at Hearings ($50.00 x 2 maps) PUBLIC HEARINGS AND ADOPTION OF PLAN Total Hours PUBLIC HEARINGS AND ADOPTION OF PLAN Total Cost VI. REQUIRED DISSEMINATION OF REDISTRICTING PLANS Maps/demographic information to County Staff Submit Election Precinct Map to Texas Secretary of State Send digital mapping files as client directs Prepare any additionally requested maps Assist with voter coding (upon request) DISSEMINATION OF PLANS Total Hours DISSEMINATION OF PLANS Total Cost Total Attorney Hours 46.2 Total GIS Hours 82 Total Paralegal Hours 20 GRAND TOTALS Reimbursable Partner Atty Senior GIS GIS Para Flat fee Expenses $420 $300 $230 $180 $180 $4,500.00 1 2 4 0 1 0 0 2 $50.00 0 2 8 2 1.2 0 0 2 41 3.2 4 12 6 $1,680 $960 $920 $2,160 $1,080 3 2 2 6 1 3 1 2 4 1 4 3 2 14 3 1 3 2 8 1 111 91 81 32 6 $4,620 $2,700 $1,840 $5,760 $1,080 $200.00 $100.00 91 101 61 11 6 $3,780 1 $3,000 1 $1,380 1 $1,980 $1,080 0 0 0 3 0 0 0 1 1 0 0 0 1 1 1 0 0 0 2 1 0 0 0 0 0 01 01 21 71 2 $0 1 $0 $460 1 $1,260 1 $360 $10,080 1 $6,660 1 $4,6001 $11,1601 $3,600 1 $4,500.00 $350.00 TOTAL FOR ALL $40,950 TOTAL HOURS 1 148.2 This budget includes 1 Commissioner Precinct Plan and a revision and one Election Precinct Plan and a revision. * Hours allocated to Election Precinct plans are for election precincts that follow existing Census geography. This budget does not include a county road mile analysis. 2021 ' BickerstafF °,trb Heath Delgado Acosta LLP Exhibit B REQUEST FOR QUALIFICATIONS +ri Lub City of bock TEXAS RFQ 21-15708-MA Request for Qualifications Redistricting Services ISSUED BY: City of Lubbock Purchasing and Contract Management Office 1314 Avenue K, Floor 9, Lubbock, Texas, 79401 February 18, 2021 RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 1 of 28 City of Lubbock, TX Request for Qualifications RFQ 21-15708-MA Checklist Please ensure that you complete and return the following documents and information to the City of Lubbock Purchasing and Contract Management Department before the deadline. Any corrections must be initialed by the person making the correction. Late submittals will not be accepted. ❑ Cover letter addressed to the Mayor ❑ The Statement of Qualifications form MUST be completed ❑ Responses must be submitted not later than 3:00 p.m. CST on March 11, 2021, through BidSync.com Please allow time to upload. Any submissions received after the date and hour specified will be rejected. ❑ Completed and signed Suspension and Debarment Certification ❑ Completed Non -Collusion Affidavit ❑ Insurance Affidavit ❑ Completed Conflict of Interest Questionnaire ❑ Chapter 2271.002 Prohibition on Contracts with Companies Boycotting Israel THE CHECKLIST, SUSPENSION AND DEBARMENT CERTIFICATION, NON -COLLUSION AFFIDAVIT, INSURANCE AFFIDAVIT, CONFLICT OF INTEREST QUESTIONNAIRE, FORM 1295, AND HB 793 CERTIFICATION DO NOT CONTRIBUTE TO THE MAXIMUM PAGE LIMIT. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR PROPOSAL BEING DEEMED NON -RESPONSIVE. Print Name of Firm: Contact Person: Phone Number: Email of Contact PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR SUBMITTAL. RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 2 of 28 City of Lubbock, TX Redistricting Services Request for Qualifications 21-15708-MA A. GENERAL The City of Lubbock is seeking Statements of Qualifications from firms to provide redistricting services. The purpose of this Request for Qualifications (RFQ) is to demonstrate the background, qualifications, competence, and capability of the firm seeking to undertake these services with the City of Lubbock, Lubbock County and the Lubbock Independent School District (LISD) and Election Voting Precincts. B. REQUIREMENTS The following information to be provided by the firm as part of the RFQ submission: 1. Principals responsible for the overall performance of service. 2. Resumes of staff members who will be providing the services. Include their education as well as any continuing education courses taken during the past three years; years and types of experience; qualifications; professional licensing and current registration with professional affiliations. Clearly define the responsibilities and duties of each individual. 3. Firm's experience in providing demographic/redistricting services. What software does the firm have available to them, and how long has the software been in use by the firm? Solution must be compatible with ArcGIS software. 4. Provide at least five (5) references from governmental entities for which redistricting services have been provided. Include specifics of services provided and include any terminated services and the reason for termination. 5. Provide a list of your subcontractors and the services will be providing. 6. Discuss your approach to the redistricting project differs from previous redistricting projects, and how your firm will approach these unique requirements. 7. Detailed Statement of Work. 8. Financial data for the firm. 9. Standards and accreditation. 10. Staffing levels and operating procedures. Provide adequate information for us to assess your firm's ability to adequately staff our redistricting project. RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 3 of 28 11. Ability to comply with applicable statutes and to compensate for any liability arising from violations of any of the following: a. Texas Secretary of State. b. United States Census Bureau. c. United States Department of Justice. d. All Federal, State and Local code requirements. 12. Identify all legal claims, demands or lawsuits filed, threatened or pending against the firm and/or its principals/officers, and identify any administrative actions or warnings taken or issued by any federal, state or local government agency with regard to the firm of any facility operated by the firm. 13. The firm may attach additional schedules or explanations, which it deems necessary to fully set forth their qualifications. C. SCOPE OF WORK FOR THE REDISTRICTING OF PRECINCTS 1. Firm must present a Scope of Work clearly stating an understanding of the services to be performed. If not a turnkey solution, clearly define the process. 2. Firm must present a realistic timeline for each major segment of the scope of work. 3. Firm must provide services designed to meet local, state and federal legal requirements. 4. Firm must work with and coordinate with the US Census Bureau to minimize any undercount of persons in the City and County. 5. Firm must provide an assessment of the existing precincts and determine potential changes. Should the initial assessment indicate that the existing political boundaries do not require redistricting under state and federal law, the firm will suspend services and all contract obligations will have been met. 6. Firm will be responsible for consulting with designated authorities in preparing, developing and recommending a logical and equitable solution for redistricting. 7. Firm will be responsible for presenting plans for redistricting to the City Council, Commissioners' Court and the LISD Broad of Trustees for discussion and consideration in a timely manner. 8. Detail the types and frequency of communication you propose to City, County, LISD and to the general public. Firm must be available for at least two (2) public hearings on proposed redistricting plans in addition to the presentation to the City Council, Commissioners' Court and LISD. 9. Firm must submit final redistricting plans to City for submission to the Texas Secretary of State and the United States Department of Justice for approval. RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 4 of 28 10. Firm must agree to defend City, County and LISD in any litigation challenging redistricting process. 11. Firm must provide copies of all data used in a Geodatabase or Shapefiles. 12. Firm must represent the governmental entity in odd years from 2023-2029 to update voting precincts as needed. 13. Firm must use a new number system for each voting precinct. D. SELECTION AND AWARD PROCESS The City of Lubbock uses a two-step process for the final selection of a qualified consultant. Step 1 consists of a Qualifications package submitted by firms interested in being considered. The City may select up to five (5) short-listed firms based on an evaluation of the written materials submitted. Short-listed firms may be asked to submit additional information. Step 2 consists of the selection of one finalist from the short-listed firms. The City may request interviews. The City initiates negotiations with the selected consultant to develop a scope of work. If negotiations are unsuccessful, the City enters into the process with the next highest ranked short-listed firm. The contract is subject to approval by the City Council. Professional services are procured in accordance with Chapter 2254 of the Government Code, Title 10, Subchapter A, Professional Services. Selection of the most highly qualified respondent is made based on demonstrated competence and qualifications as determined by the City of Lubbock based on information provided in response to the RFQ. NO INDIVIDUAL OF ANY CITY DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THE REQUEST FOR QUALIFICATIONS. E. SUBMISSION PROCESS, DUE DATE, AND REQUIRED DOCUMENTS Responses must be submitted not later than 3:00 p.m. CST on March 11, 2021 through BidSync.com before the deadline. Please allow time to upload. Any submissions received after the date and hour specified will be rejected. F. CONTENTS OF STATEMENT OF QUALIFICATIONS ARE AS FOLLOWS AND MUST BE SUBMITTED AS REQUESTED • A Letter of Interest addressed to the Honorable Mayor and City Council summarizing the Consultant's understanding of the project and a brief description of the Consultant's strengths to perform the work successfully (Page Limit: 2) • Cover sheet (Page Limit: 1) • Table of Contents (Page Limit: 1) • Statement of Qualifications form (Page Limit: 3) RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 5 of 28 • Additional Selection Submittals (Page Limit: 28) NOTE: The page limit is based on a size (8.5 inches by 11 inches) sheet. If the response exceeds the maximum number of 35 pages, it is rejected without review and will not be considered further. Sheets used for section dividers or covers are not counted towards the sheet total. The Checklist, Suspension and Debarment Certification, Non -Collusion Affidavit, and Conflict of Interest Questionnaire do not contribute to the maximum page limit. G. SCHEDULE FOR SELECTION PROCESS • City of Lubbock begins RFQ process on February 18, 2021 • Questions must be directed to malvarez@mylubbock.us at www.bidsvnc.com or malvarezgi-nylubbock.us . Questions relating to definitions or interpretations of the RFQ must be submitted in writing on or before 5:00 p.m. CST on March 1, 2021, • Electronic submittals are due no later than 3:00p.m. CST on March 11, 2021. • A Screening Committee reviews submittals and determines which qualified candidates are invited to present their qualifications further at an interview with the Screening Committee. H. RIGHT OF CITY TO CANCEL REQUEST FOR QUALIFICATIONS, TO ELECT NOT TO AWARD, TO REJECT SUBMITTALS, AND TO WAIVE INFORMALITIES OR IRREGULARITIES The City expressly reserves the right to cancel the RFQ at any time, to elect not to award contracts cited in the RFQ, to reject any or all submittals, to waive any informality or irregularity in any submittal received, and to be the sole judge of the merits of the respective submittals received. I. EQUAL OPPORTUNITY IN CITY BUSINESS CONTRACTING Race, religion, sex, color, ethnicity, and national origin are not used as criteria in the City's business contracting practices. Every effort is made to ensure that all persons regardless of race, religion, sex, color, ethnicity and national origin have equal access to contracts and other business opportunities with the City. J. INQUIRIES AND INTERPRETATIONS Responses to inquiries that directly affect an interpretation or change to the RFQ are issued in writing by the Purchasing and Contract Management Office as an addendum to the RFQ and posted at www.bidsync.com. All such addenda issued by the Purchasing and Contract Management Office before the time that Qualification packages are received shall be considered part of the RFQ. Only those inquiries the Purchasing and Contract Management Office replies to by addenda and posts at www.bidsync.com shall be binding. Oral and other interpretations or clarifications are without legal effect. RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 6 of 28 K. THE CITY RIGHT TO AUDIT At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under the Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. L. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. M. NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. N. HOUSE BILL 2015 House Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified (Texas Government Code Section 2155.001). O. ASSIGNING OR SUBLETTING THE CONTRACT The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract insurance requirements. P. TEXAS PUBLIC INFORMATION ACT The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 7 of 28 contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contact as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body Q. PROHIBITION OF CONTRACT WITH CERTAIN COMPANIES: Vendors/Contractors/Providers must be in compliance with the provisions of §2252.152 and §2252.153 of the Texas Government Code, which states in part, contracts with companies engaged in business with Iran, Sudan, or Foreign Terrorist Organizations are prohibited. A governmental entity may not enter into a contract with any company listed on the Comptroller of the State of Texas website identified under Section 806.051 or Section 2253.253, which do business with Iran, Sudan or any Foreign Terrorist Organization. By submitting a signed response to this request, contractor verified to Lubbock County that it is not on any such list. R. ANTI -LOBBYING PROVISION During the period between proposal submission date and the contract award, proposers, including their agents and representatives, shall not discuss or promote their proposal with any member of the Lubbock City Council or city staff except upon the request of the City of Lubbock Purchasing Department in the course of city -sponsored inquiries, briefings, interviews, or presentations. S. PROTEST All protests regarding the RFQ process must be submitted in writing to the City Director of Purchasing and Contract Management within 5 working days after the protesting party knows of the occurrence of the action which is protested relating to advertising of notices deadlines, proposal opening and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the RFQ process. This limitation does not include protests relating to staff recommendations as to award of contract. Protests relating to staff recommendations may be directed to the City Manager. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law. FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 8 of 28 City of Lubbock, TX Redistricting Services Request for Qualifications 21-15708-MA STATEMENT OF QUALIFICATIONS FORM FS :u I%N,_u 2. BUSINESS ADDRESS: 3. TELEPHONE, WITH AREA CODE: FAX, WITH AREA CODE: E MAIL ADDRESS: INTERNET URL ADDRESS: 4. TYPE OF ORGANIZATION: (CHECK ONE) a. SOLE PROPRIETORSHIP ( ) b. PARTNERSHIP ( ) c. CORPORATION ( ) d. JOINT VENTURE ( ) RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 9 of 28 SUBMITTED BY: Date: Printed Name: Title: Firm Name: Tel: Address: State: PRIVACY NOTIFICATION The principal purpose for requesting the above information is for use in the selection process for professionals commissioned by the City of Lubbock. Furnishing all information requested on the form is mandatory. Failure to provide such information will delay or may even prevent completion of the action for which the form is being completed. Information on the form is used by the City of Lubbock and its Management Team in the consideration of commissions to professionals. If you consider any portion of your submittal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. Submittals are opened in a manner that avoids disclosure of the contents to competing offerors and keeps the submittals secret during negotiations. All submittals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the submittals are not open for inspection. The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your submittal is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your submittal that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. Marking your entire submittal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 10 of 28 City of Lubbock, TX Redistricting Services Request for Qualifications 21-15708-MA Additional Selection Submittals & Description of Selection Criteria Candidates must respond in writing to each of the following additional selection submittals in order to be considered. Each category represents criteria that are used to select the successful respondent. 1. 30 points- Experience of the Firm: • Providing demographic/redistricting services of the type under consideration. • Providing demographic/redistricting services to Texas counties. 2. 40 points- Qualifications of staff, including professional staff, support personnel, Subcontractors, consultants and demographers, to be assigned to this project: • Education including continuing education courses taken during the past three years. Clearly identify courses that provided specific information on the requirements of the current redistricting project. • Years and types of experience. • Qualifications of staff. • Supervision to be exercised over the consultants/demographers by the firm's management. 3. 30 points- Responsiveness of the RFQ submission: • Clearly stating an understanding of the scope of work to be performed and the methodologies to be used by the firm. INSURANCE AFFIDAVIT Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This is to acknowledge that if you are awarded this contract by the City of Lubbock, you will be able to, within ten (10) business days after being notified of such, furnish an insurance certificate and endorsements to the City meeting all of the requirements defined below. Please note the City of Lubbock shall be named as an additional insured on a primary and non-contributory basis General Liability: Contractor's insurance shall contain broad form contractual liability with a combined single limit of a minimum of $1,000,000 each occurrence and $2,000,000 in the aggregate and shall include the following: • Broad Form Contractual Liability • Personal Injury and Advertising Injury • Products and completed operations • Fire Damage (Anyone Fire) RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 11 of 28 Professional Liability: Contractor's insurance shall contain Professional Liability with a combined single limit of a minimum of $1,000,000 each occurrence and in the aggregate. Business Automobile Liability: Contractor's insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for but not limited to the following: • Bodily injury and property damage • Any and all vehicles owned, used or hired Workers' Compensation and Employers Liability Insurance Contractor shall elect to obtain workers' compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of the contract and shall comply with all provision of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of workers' compensation insurance coverage by Contractor or any cancellation or non -renewal of workers' compensation insurance coverage for the Contractor shall be a material breach of the contract. The contractor may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. Employer's Liability with limits of at least $1,000,000 each accident, $1000,000 by disease policy limit, and $1,000,000 by disease each employee shall also be obtained and maintained throughout the term of the contract. Other Insurance Requirements: Contractor's general liability and auto liability insurance policies through policy endorsement must include wording, which states that the policy shall be primary and non-contributory with respect to any insurance carried by City of Lubbock. The certificate of insurance described below must reflect that the above wording is included in evidenced policies. All policies must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. NO STATEMENT OF FEES FOR THE SUBJECT SCOPE OF WORK, EITHER HOURLY OR FIXED PROPOSAL COST, SHALL BE INCLUDED WITH THE SUBMITTAL. NOTE: The RFQ is available in Microsoft Word format at www.bidsvnc.com. RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 12 of 28 SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non - procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither the firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: Firm's Federal Tax ID Number: Signature of Company Official: Printed name of company official signing above: Date Signed: RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 13 of 28 NON -COLLUSION AFFIDAVIT STATE OF TEXAS LUBBOCK COUNTY being first duly sworn, on his/her oath, says that the bid above submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and s/he further says that the said bidder has not directly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion to secure to self an advantage over any other bidder or bidders. NAME OF FIRM SIGNATURE OF BIDDER TITLE Subscribed and sworn to before me this day of Notary Public in and for the State of Texas residing at NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE BID/PROPOSAL RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 14 of 28 City of Lubbock, TX Services for Redistricting Request for Qualifications 21-15708-MA INSURANCE REQUIREMENT AFFIDAVIT 11 To Be Completed and Submitted I, the undersigned Offeror, certify that the insurance requirements contained in this document have been reviewed by me and my Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this RFQ. (Original Signature) Name (Print) BUSINESS NAME: (Print or Type) FIRM ADDRESS: NOTE If the time requirement specified above is not met, the City has the right to reject this proposal and award the Contract to another firm. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management at (806) 775-2572. RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 15 of 28 CONFLICT OF INTEREST QUESTIONNAIRE (CIQ) FORM It is not necessary to fill out the CIQ Form unless you have a business relationship that might cause a conflict of interest with the City of Lubbock Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire, Form CIQ, the vendor or person's affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, the questionnaire must be filed with the records administrator of the City of Lubbock not later than the 711 business day after the date the person becomes aware of the facts that require the statement to be filed. The questionnaire can be found at: httys://www.ethics.state.tx.us/forms/conflict/ For the City of Lubbock, these forms should be filed with the City Secretary's Office, P.O. Box 2000, Lubbock, Texas, 79401 See Section 176.006, Local Government Code: http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm/LG. 176.htm. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. CERTIFICATE OF INTERESTED PARTIES Effective January 1, 2016, Section 2252.908, as amended, of Chapter 2252 of the Texas Government Code requires certain business entities to submit an electronic disclosure form to the Texas Ethics Commission before entering into a contract with a local government entity when any of the following apply: 1) Contract requires an action or vote by the City Council (governing body); OR 2) Contract value is $1 Million or greater; OR 3) Contract is for services that would require a person to register as a lobbyist under Chapter 305 of the Government Code. This must be done before executing the contract. The disclosure form may be found at https://www.ethics.state.tx.us/whatsnew.'elf info form 1295.htm. You must log in and create an account the first time you fill out the form. Tutorial videos on how to log in for the first time and how to fill out the form can be found through the link above. After you electronically submit the disclosure form, a screen will come up confirming the submission and assigning a certificate number. Then, you must print the form, have an authorized agent complete the declaration and sign, and provide it to the City (scanned email copy is acceptable). RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 16 of 28 TEXAS GOVERNMENT CODE SECTION 2271.002 By signing below, Company hereby certifies the following: 1. Company does not boycott Israel; and 2. Company will not boycott Israel during the term of the contract. Company Name: SIGNED BY: Print Name & Title: Date Signed: The following definitions apply to this state statute: (1) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and (2) "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. This Certification is required from a Company if the Company has 10 or more full- time employees and the contract for goods or services (which includes contracts formed through purchase orders) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 17 of 28 TEXAS GOVERNMENT CODE SECTION 2252.152 I, , the undersigned representative of (Company or business name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above - named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas, which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Lubbock Purchasing and Contract Department. Company Name: SIGNED BY: Print Name & Title: Date Signed: RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 18 of 28 SAMPLE OF AGREEMENT DO NOT COMPLETE PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement') Contract No. is entered into this day of , 2021, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and [Contract Awardee], (the" Firm"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Firm to provide professional services for [name of project and/or service being performed], (the "Activities"); and WHEREAS, the Firm has a professional staff experienced and is qualified to provide professional services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by the City and the Firm to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Firm to provide professional services related to the Activities, and Firm desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and the Firm hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of days/weeks/months"years. If the Firm determines that additional time is required to complete the Services, the City Firm, may, but is not obligated to, in his or her discretion, execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. RZi Q 21-15708-MA REQUEST FOR QUALIFICATIONS Page 19 of 28 ARTICLE II. SERVICES AND COMPENSATION A. The Firm shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", attached hereto (the "Services"). B. The Firm shall receive as consideration to be paid for the performance of the Services, in an amount not to exceed $[value], as set forth in Exhibit `B". ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Firm. In the event this Agreement is so terminated, the City shall only pay the Firm for services actually performed by the Firm up to the date the Firm is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Firm breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. The Firm is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. The Firm has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Firm. This Agreement constitutes legal, valid, and binding obligations of the Firm and is enforceable in accordance with the terms thereof. RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 20 of 28 D. Firm. The Firm maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. The Firm will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Firm warrants that any materials provided by the Firm for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. The Firm shall be solely responsible for ensuring that any materials provided by the Firm pursuant to this Agreement satisfy this requirement and the Firm agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of the Firm's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Firm shall accomplish the following: Professional Services related to the Services, as provided in Exhibit "A", attached hereto and made a part hereof. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Firm and the City agree that the Finn shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The Firm has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services under this Agreement, the Firm and the Firm's employees andlor sub - consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VIII. INSURANCE The Firm shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. The Firm shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub -consultant of the Firm to obtain and maintain in full force and effect during RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 21 of 28 the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $2,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 Worker's Compensation Per Occurrence Single Limit: $500,000 The Firm shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Firm herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The Firm shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 day's notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Firm shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the Firm shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Firm maintains said coverage. The Firm may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof, the Firm fails to maintain the required insurance in full force and effect, the Firm shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at the Firm's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage) shall be no less than 10 years after the completion of the Services provided for in this Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 22 of 28 ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Firm may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of Firm, as set forth on Exhibit [insert correct valuel, attached hereto, under this Agreement, provided that the City approves the retaining of Sub -consultants. The Firm is at all times responsible to the City to perform the Services as provided in this Agreement and the Firm is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Firm shall be required by the Firm to carry, for the protection and benefit of the City and the Firm and naming said third parties as additional insureds, insurance as described above required to be carried by the Firm in this Agreement. The Firm represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTIALITY The Firm shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE XI. INDEMNITY THE FIRM SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE FIRM, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS The Firm shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 23 of 28 ARTICLE XIII. NOTICE A. General. Whenever notice from the Firm to the City or the City to the Firm is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Firm's Address. The Firm's address and numbers for the purposes of notice are: [COMPANY NAME]. [COMPANY CONTACT] [COMPANY ADDRESS] [COMPANY TOWN, STATE ZIP Telephone: Email: C. City's Address. The City's address and numbers for the purposes of notice are: [CONTRACT MANAGER] City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Email: Telephone: D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall furnish the Firm non -confidential studies, reports and other available data in the possession of the City pertinent to the Firm's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Firm's Services under this Agreement (the "Provided Data"). The Firm shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 24 of 28 B. Audit. The Firm shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, the Firm's books and records with respect to this Agreement between the Firm and the City. C. Records. The Firm shall maintain records that are necessary to substantiate the services provided by the Firm. D. Assignability. The Firm may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Firm, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Firm, its permitted successors and assigns. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Firm and the City. I. Entire Agreement. This Agreement, including Exhibits "A" through `B" attached hereto, contains the entire agreement between the City and the Firm, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between the Firm and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by Firm as part of the Services hereunder, shall become the property of the City when the Firm has been compensated as set forth in Article II, above. The Firm shall make copies of any and all work products for its files. RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 25 of 28 L. Notice of Waiver. A waiver by either the City or the Firm of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than the City and the Firm. N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the services covered by this Agreement is spent, whichever event occurs first (the "Non - Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Firm on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non -Appropriation Date. O. SB 252. SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. P. No Boycott of Israel. Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. Q. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 26 of 28 RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 27 of 28 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK Mayor APPROVED AS TO CONTENT: City Department Head Assistant City Manager APPROVED AS TO FORM: Kelli Leisure, Assistant City Attorney Firm [Firm Name] By: [Finn Signature] RFQ 21-15708-MA REQUEST FOR QUALIFICATIONS Page 28 of 28 1b Bickerstaff Exhibit r6l Heath Delgado Acosta LLP April 1, 2021 Ms. Marta Alvarez Director of Purchasing and Contract Management City of Lubbock P.O. Box 2000 Lubbock, Texas, 79457 Re: Step 2 — Selection and Award Process: Develop a Scope of Work RFQ 21-15708-MA Redistricting Services Dear Ms. Alvarez: On behalf of our firm, I am pleased to provide the attached information in response to Step 2 of the City's RFQ for Redistricting Services for the City of Lubbock, Texas, Lubbock Independent School District, and Lubbock County, Texas. To assist in this phase of the discussions, we have provided a detailed narrative of the proposed scope of work for each entity along with a proposed budget covering the specific tasks associated with each step of the work. To economize on the work and because it is not clear whether and when political subdivisions want to resume in -person meetings for all work, the budgets are structured around use of remote meeting options for some of the activities so as to reduce cost and for other safety considerations. We can discuss how the entities envision proceeding and whether you desire that we factor in additional time for attendance at certain meetings of the political subdivision(s). As you may be aware, the release of the census data is in flux at this time. The U.S. Census Bureau has indicated that it plans release of the data by September 30, 2021. As of this time the Texas Legislature is also considering legislation to move the state and federal primary for 2022, which will affect Lubbock County redistricting obligations and their timeline for the project. Accordingly, we have provided a tentative timeline assuming the work would have to be completed under existing statutory schedules. Of course, we are prepared to work with the entities to adjust the schedule to their needs as these issues develop over the next few months. We have questions about the nature of the contractual engagement. In particular, it was not clear whether the Firm would enter into one contract with the three entities or whether three separate engagement agreements would be preferred. There are other questions that arise depending on which approach is selected by the political subdivisions, but we can discuss those issues when we meet. Please let us know if you need additional information and if you have a date and time you would like to meet to discuss the enclosed materials. Kindest regards, David Mendez Enclosures: One (1) electronic copy 3711 S. MoPac Expressway, Building One, Suite 300, Austin, TX 78746 1 Phone: 512-472-8021 1 Fax: 512-320-56381 w"i bickerstaff corn Austin El Paso Houston Redistricting Services Proposal for City of Lubbock, Texas STEP 2 - SELECTION AND AWARD PROCESS PROPOSED SCOPE OF WORK AND BUDGET In response to Step 2 of the City's Selection and Award Process, we have provided details addressing the scope of work process for each political subdivision's redistricting project. We have also included a budget estimate for each political subdivision's redistricting project as well as a proposed timeline. Submitted by. ' 16 Bickerstaff r Heath Delgado Acosta LLP April 1, 2021 Bickerstaff Heath Delgado Acosta LLP Contact: David Mendez 3711 South MoPac Expressway Building One, Suite 300 Austin, TX 78746 P: 512-472-8021 F: 512-320-5638 (800) 749-6646 www.bickerstaff.com dmendez@bickerstaff.com 11 Bickerstaff W, Heath Delgado Acosta LLP City of Lubbock The proposed project will be undertaken as follows with dates established in coordination with the City based on the actual release date of the census data. A tentative timeline based on the current anticipated census release date is attached. 1. Preliminary mapping work. Compile, prepare and review all mapping data (including confirming all existing city limit lines to make sure all annexations during the decade have been reflected), existing council district shapefiles, incumbent addressing, city facilities mapping, subdivision shapefiles and related data to prepare for the insertion of the PL94-171 data upon release by the Census Bureau. We will request data from the City to include current boundaries, election data, community data, facilities, incumbent locations, and other related data to facilitate the redistricting process. 2. Provide an initial assessment to determine if the council districts are out of balance. Upon release of the census data, a report will be presented to the City Council at the earliest opportunity to review the population of each of the council districts and explain the extent to which the population in each council district may deviate from the ideal population size. The report will include population and demographic analysis for each set of current boundaries; the report will also include data charts showing race/ethnic breakdowns and maps showing race/ethnic densities by census block and/or voting tabulation districts; discuss legal requirements based upon the results of the Firm's initial assessment. We anticipate this report would be presented at regular council meeting of the City Council and we will provide posting language and an advance copy of the report along with a PowerPoint presentation. All work associated with the preparation of the City's GIS and redistricting data, as well as the preparation and presentation of the report to Council is encompassed by the $4,500 initial assessment flat fee proposed. 3. Preparation and presentation of process timeline for council consideration. If the initial assessment indicates the council districts are out of balance, establish a process based on City Charter requirements. At the meeting when the initial assessment is presented to the City Council, the Firm will present a proposed timeline (developed in consultation with City staff) that provides for the completion and implementation of the redistricting process during the time available before the next scheduled general elections of the City. 4. Redistricting Guidelines and Criteria. In addition, at the time of the presentation of the initial assessment, the Firm will prepare and assist the City in developing policies that call for the use of traditional districting criteria. The Firm will also prepare and present guidelines for public participation and a timeline for the project. 5. Illustrative Plan Preparation. The Firm anticipates that the City Council will direct the Firm to prepare an illustrative plan of redistricting for presentation and discussion by council at meetings established under the timeline. The illustrative plan demonstrates how the city council districts can be rebalanced from a population standpoint within the framework of the guidelines and criteria established by the Council (see item 3, above). We anticipate that the City will designate draft initial plan(s) to become illustrative plan(s) for the purposes of public review and solicitation of public comment. 6. Map drawing work sessions with City Council. Pursuant to the timeline developed in consultation with the staff, the Firm will organize and conduct work sessions with Council to review the illustrative plan and to revise or develop alternative redistricting plans as the Council may direct. 'A• Bickerstaff 1 b Heath Delgado Acosta LLP 7. Public input. We anticipate that the City will authorize us to post illustrative plan(s) to website and other media for the purpose of gathering public comment and accepting any citizen submitted alternative plans for client(s) review. Pursuant to the guidelines for public participation adopted by the City Council based on the Firm's recommendations, we anticipate that one or more public hearings will be conducted to receive input from the community on the process or to receive plans submitted by citizens in conformity with the guidelines. 8. Legal analysis of plans and adoption of a final plan. Throughout the process, the Firm's attorneys will provide City Council and staff with a review and legal analysis of how the policies adopted by the City Council for the redistricting process, and the redistricting plans considered by the council impact citizens voting rights and any other legal questions as directed by City Council. A formal written report is typically presented to the client on all public comment and citizen submitted plans. The Firm will assist the City Council with selection and adoption of a final redistricting plan. 9. Plan Implementation. The Firm will coordinate with Lubbock County to make sure the council district boundaries are properly reflected in county election precincts. The Firm will work closely with the City to assess specific needs and deliver a final product that will be useful for the decade following the 2021 redistricting cycle based on the City's election schedule. 2 �N Bickerstaff Heath Delgado Acosta LLP Lubbock ISD The proposed project will be undertaken as follows with dates established in coordination with the Lubbock Independent School District ("District") based on the actual release date of the census data. A tentative timeline based on the current anticipated census release date is attached. 1. Preliminary mapping work. Compile, prepare and review all mapping data (including confirm all existing District boundary lines to make sure any annexations during the decade have been reflected), existing trustee district shapefiles, incumbent addressing, District facilities mapping, subdivision shapefiles and related data to prepare for the insertion of the PL94-171 data upon release by the Census Bureau. We will request data from the District to include current boundaries, election data, community data, facilities, incumbent locations, and other related data to facilitate the redistricting process. 2. Provide an initial assessment to determine if the trustee districts are out of balance. Upon release of the census data, a report will be presented to the Board of Trustees of the District ("Board") at the earliest opportunity to review the population of each of the trustee districts and explain the extent to which the population in each district may deviate from the ideal population size. The report will include population and demographic analysis for each set of current boundaries; the report will also include data charts showing race/ethnic breakdowns and maps showing race/ethnic densities by census block and/or voting tabulation districts; discuss legal requirements based upon the results of the Firm's initial assessment. We anticipate this report would be presented at a regular meeting of the Board and we will provide posting language and an advance copy of the report along with a PowerPoint presentation. All work associated with the preparation of the District's GIS and redistricting data, as well as the preparation and presentation of the report to the Board is encompassed by the $4,500 initial assessment flat fee proposed. 3. Preparation and presentation of process timeline for council consideration. If the initial assessment indicates the trustee districts are out of balance, establish a process based on Texas Education Code and local policy requirements. At the meeting when the initial assessment is presented to the Board, the Firm will present a proposed timeline (developed in consultation with District staff) that provides for the completion and implementation of the redistricting process during the time available before the next scheduled general elections of the District. 4. Redistricting Guidelines and Criteria. In addition, at the time of the presentation of the initial assessment, the Firm will prepare and assist the Board in developing policies that call for the use of traditional districting criteria. The Firm will also prepare and present guidelines for public participation and a timeline for the project. 5. Illustrative Plan Preparation. The Firm anticipates that the Board will direct the Firm to prepare an illustrative plan of redistricting for presentation and discussion by the Board at meetings established under the timeline. The Illustrative Plan demonstrates how the trustee districts can be rebalanced from a population standpoint within the framework of the guidelines and criteria established by the Board (see item 4, above). We anticipate that the Board will designate draft initial plan(s) to become illustrative plan(s) for the purposes of public review and solicitation of public comment. 3 Bickerstaff J Heath Delgado Acosta LLP 6. Map drawing work sessions with the Board. Pursuant to the timeline developed in consultation with the staff, the Firm will organize and conduct work sessions with Board to review the illustrative plan and to revise or develop alternative redistricting plans as the Board may direct. 7. Public input. We anticipate that the Board will authorize us to post illustrative plan(s) to website and other media for the purpose of gathering public comment and accepting any citizen submitted alternative plans for the Board's review. Pursuant to the guidelines for public participation adopted by the Board, based on the Firm's recommendations, we anticipate that one or more public hearings will be conducted to receive input from the community on the process or to receive plans submitted by citizens in conformity with the guidelines. 8. Legal analysis of plans and adoption of a final plan. Throughout the process, the Firm's attorneys will provide the Board and staff with a review and legal analysis of how the policies adopted by the Board for the redistricting process, and the redistricting plans considered by the Board impact citizens voting rights and any other legal questions as directed by the Board of Trustees. A formal written report is typically presented to the client on all public comment and citizen submitted plans. The Firm will assist the Board with selection and adoption of a final redistricting plan. 9. Plan Implementation. The Firm will coordinate with Lubbock County to make sure the trustee district boundaries are properly reflected in county election precincts. The Firm will work closely with the District to assess specific needs and deliver a final product that will be useful for the decade following the 2021 redistricting cycle based on the District's election schedule. 4 lit BickerstafF I Heath Delgado Acosta LLP Lubbock County The proposed project will be undertaken as follows with dates established in coordination with the County based on the actual release date of the census data and the schedule for the 2022 primary. A tentative timeline based on the current anticipated census release date is attached, but the County should be aware that the Texas Legislature is considering legislation to move the 2022 primary back to allow time for state and federal redistricting, including the drawing of new congressional districts. 1. Preliminary mapping work. Compile, prepare and review all mapping data, existing commissioner precincts, justice precincts and election precinct shapefiles, incumbent addressing, county facilities mapping, other appropriate jurisdictional shapefiles and related data to prepare for the insertion of the PL94-171 data upon release by the Census Bureau. We will request data from the County to include current boundaries, election data, community data, facilities, incumbent locations, and other related data to facilitate the redistricting process. 2. Provide an initial assessment to determine if the Commissioner precincts are out of balance. Upon release of the census data, a report will be presented to the Commissioners Court at the earliest opportunity to review the population of each of the commissioner and justice precincts if required and explain the extent to which the population in each precinct may deviate from the ideal population size. The report will include population and demographic analysis for each set of current boundaries; the report will also include data charts showing race/ethnic breakdowns and maps showing race/ethnic densities by census block and/or voting tabulation districts; discuss legal requirements based upon the results of the Firm's initial assessment. We anticipate this report would be presented at regular meeting of the Commissioners Court and we will provide posting language and an advance copy of the report along with a PowerPoint presentation. All work associated with the preparation of the County's GIS and redistricting data, as well as the preparation and presentation of the report to the Court is encompassed by the $4,500 initial assessment flat fee proposed. 3. Preparation and presentation of process timeline for council consideration. If the initial assessment indicates the Commissioner Precincts are out of balance, establish a process based on legal requirements. At the meeting when the initial assessment is presented to the Commissioners Court, the Firm will present a proposed timeline (developed in consultation with county staff) that provides for the completion and implementation of the redistricting process during the time available before the primary candidate filing period opening. 4. Redistricting Guidelines and Criteria. In addition, at the time of the presentation of the initial assessment, the Firm will prepare and assist the County in developing policies that call for the use of traditional districting criteria. The Firm will also prepare and present guidelines for public participation and a timeline for the project. 5. Illustrative Plan Preparation. The Firm anticipates that the Commissioners Court will direct the Firm to prepare an illustrative plan of redistricting for presentation and discussion by the Commissioners Court at meetings established under the timeline. The illustrative plan demonstrates how the Commissioner precincts can be rebalanced from a population standpoint within the framework of the guidelines and criteria established by the Court (see item 4, above). We anticipate that the Court will designate draft initial plan(s) to become illustrative plan(s) for the purposes of public review and solicitation of public comment. 'Bickerstaff �J Heath Delgado Acosta LLP 6. Map drawing work sessions with Commissioners Court. Pursuant to the timeline developed in consultation with the staff, the Firm will organize and conduct work sessions with the Court to review the illustrative plan and to revise or develop alternative redistricting plans as the Commissioners Court may direct. 7. Public input. We anticipate that the Commissions Court will authorize us to post illustrative plan(s) to website and other media for the purpose of gathering public comment and accepting any citizen submitted alternative plans for client(s) review. Pursuant to the guidelines for public participation adopted by the Commissioners Court based on the Firm's recommendations, we anticipate that one or more public hearings will be conducted to receive input from the community on the process or to receive plans submitted by citizens in conformity with the guidelines. 8. Legal analysis of plans and adoption of a final plan. Throughout the process, the Firm's attorneys will provide the Commissioners Court and county staff with a review and legal analysis of how the policies adopted by the Court for the redistricting process, and the redistricting plans considered by the Court impact citizens voting rights and any other legal questions as directed by the Court. A formal written report is typically presented to the Court on all public comment and citizen submitted plans. The Firm will assist the Commissioners Court with selection and adoption of a final redistricting plan. 9. Plan Implementation. The Firm will coordinate with the County Elections Administrator's office to make sure the commissioner precinct boundaries are properly reflected in county election precincts. 10. Justice Precinct review. Review and analysis of incumbent residency and justice precinct analysis, if necessary. 11. Road Mile and County Facility review. Review and analysis of County facility locations and impact on precinct boundaries, if any. 12. Election Precinct revisions. The Firm will work with the Elections Administrator to assist with and make recommendations on election precinct adjustments and input of other jurisdictional data from the City and ISD redistricting projects. The Firm will work closely with the County to assess specific needs and deliver a final product that will be useful for the decade following the 2021 redistricting cycle based on the County's election schedule. (A budget estimate for each political subdivision's redistricting project as well as a proposed timeline immediately follow this page.) a u