HomeMy WebLinkAboutResolution - 2010-R0184 - Professional Services Agreement: Guinn And Morrison To Provide Legal Services - 04/08/2010Resolution No. 2010-RO184
April 8, 2010
Item No. 5.24
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Professional Services
Agreement between the City of Lubbock and Guinn and Morrison to provide legal and
other services and related documents to assist the City with redistricting in connection
with the 2010 National Census. Said Professional Services Agreement is attached hereto
and incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this
ATTEST:
Rebecca 1•za, City Secretary
APPROVED AS TO CONTENT:
April 8 2010.
TOM MARTIN, MAYOR
David M. Guinn
Michael D. Morrison
GUINN AND MORRISON
AGREEMENT
The firm of Guinn and Morrison agrees to perform the following:
Resolution No. 2010—RO184
P.O. Box 97012
Waco, Texas 76798
1. Determination of whether redistricting of the City of Lubbock City Council is necessary under either
Federal or Texas Law within 60 days of the availability of 2010 census data.
2. Completion of all redistricting services required for the submission of a proposed plan of redistricting
under Section 5 of the federal Voting Rights Act for preclearance by the Attorney General, Civil Rights
Division, Voting Rights Section, Department of Justice.
If it is determined that redistricting change is necessary, Guinn and Morrison will be responsible for the
preparation of a new redistricting plan that will be acceptable to the City Council and comport with
Texas and federal legal requirements. The firm will prepare a reasonable number of alternative plans for
consideration as well as maps and tabular data of proposed plans and any alternate plans submitted to or
considered by the City. As part of the process, Guinn and Morrison will conduct two evening public
hearings and prepare and submit the Section 5 submission documentation to the United States
Department of Justice as required by the Voting Rights Act.
3. If requested, assist the appropriate election officials as they redraw election precinct lines and locate
polling places where necessary.
4. Oversee the preclearance process for the duration of the Justice Department's review.
The hourly rate is $300.00 for attorney time and $50.00 for staff time, each to be billed in quarter hour
increments. Expenses will be billed at cost. The firm will bill the City on September 1, 2010, for a $5,000
retainer. Payment of the fee may be made as follows: 50% from the 2010-11 budget and 50% from the
2011-2012 budget unless the City chooses to accelerate payment. The fee for the demographic studies
necessary to determine whether the City is legally required to redistrict will be covered by the retainer.
Pre -clearance under the Voting Rights Act is traditionally secured through the administrative process of
submission to the Attorney General; however, judicial pre -clearance in the courts of the District of Columbia
is available as an alternative. The quoted fee and expenses anticipate administrative review by the
Department of Justice. If judicial pre -clearance is desired by the City or if litigation becomes necessary, the
additional fee would be negotiated at that time.
For the Firm:
/S/ Michael D. Morrison
Michael Morrison, Partner
Guinn and Morrison
For the City of Lubbock
. 21 W!.
Tom Martin, Mayor
City of Lubbock, Texas
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Professional Services
Agreement between the City of Lubbock and Guinn and Morrison to provide legal and
other services and related documents to assist the City with redistricting in connection
with the 2010 National Census. Said Professional Services Agreement is attached hereto
and incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Sam Medina, City Attorney
APPROVED AS TO FORM:
John C. Grace, Assistant City Attorney
2010.
TOM MARTIN, MAYOR
sj:ccdocs/RES.Agreement-Guinn and Morrison
March 30, 2010}
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