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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Pat Tinley
MEETING DATE: December 14, 2009
OFFICE: County Judge
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action on contract for professional
services from Allison, Bass & Associates, L.L.P. for redistricting services for the 2010
Census.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Judge Tinley
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays: 5:00 PM previous Tuesday
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
@ .M.
All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
JAMES P. ALLISON
j.allison@allison-bass.com
ROBERT T. BASS
r.bass@allison-bass.com
ALLISON, B/AI SS & ASSOCIATES, L.L.P.
A. O. WATSON HOUSE
402 WEST 12~ STREET
AUSTIN, TEXAS 78701
1 aw@allison-bass.com
(512)482-0701
FAX (512) 480-0902
November 17, 2009
Hon. Pat Tinley
Kerr County Judge
700 Main St.
Kerrville, TX 78028
VANESSA A. GONZALEZ
Baard Certified, Labor and Employu~entlaiv
Texas Board oJlegal SpecialiwNon
v.gonzalez@allison-b ass.com
J. ERIC MAGEE
e. m agee@allison-b ass. com
RE: 2011 Redistricting of Commissioners Court, Justice of the Peace and Election Precincts
Dear Members of the Commissioners Court:
Several months ago, we mailed a packet of information regarding the requirements
imposed by state and federal law to periodically evaluate political boundaries and included. draft
contracts for our services in this regard. Many Texas counties have enlisted our assistance for
the 2010-11 redistricting effort.
All Texas counties should plan now to address this important matter. Virtually every
political jurisdiction in Texas is impacted by the constitutional and statutory requirements that
are triggered by the 2010 federal census. The actual census count, conducted in April of 2010,
will have significant legal and fiscal impact upon your county. Once the census data is released,
typically between January and March of 2011, governmental units will have very little time to
analyze, draft and adopt revised political boundaries before the election cycle begins in
November of 2011. Unless your county has made the necessary plans for the redistricting
process well in advance, there is a considerable degree of risk that your county maybe exposed
to legal complications.
Our firm has more than 60 years cumulative experience in redistricting. Over that time,
we have assisted hundreds of Texas counties, cities, school districts and special districts with the
complex duties imposed by the United States Constitution, the Voting Rights Act, and by Texas
election laws. Our fixed fee structure is perhaps unique in providing a turnkey program at the
lowest cost, spread over several budget years. However, there will be a practical limit to the
number of counties we will be able to represent. If you have not already selected a consultant,
please consider enrolling your county now to secure your participation in our redistricting
program.
We are enclosing a duplicate copy of the contract for services previously provided to you.
We sincerely appreciate your attention to this important matter.
Sincerely,
1
Robert T. Bass
Sincerely,
...,..
~_
James P
Allison
FLAT RATE/FIXED FEE CONTRACT FOR PROFESSIONAL SERVICES
WHEREAS, under the provisions of the Texas Constitution and federal law, the
governing body of a political entity with members elected from single member districts is
responsible for the division of the political entity into precincts, districts or wards, and to conduct
periodic reapportionment of such wards to accomplish fair representation and one-person-one-
votebalance; and
WHEREAS, the apportionment of the population of the political entity must comply with
state and federal statutory requirements; and
WHEREAS, professional assistance will assure that the obligations imposed by state or
federal law are satisfied, and that the process is conducted in an orderly, efficient manner; and
WHEREAS, the firm of Allison, Bass & Associates, L.L.P. is prepared to provide all
necessary professional services to assist in this area;
Kerr County, acting by and through its Commissioners Court and Allison, Bass and
Associates, a Limited Liability Partnership, HEREBY AGREE to the following terms and
conditions:
Section 1: STANDARD SERVICES
A. Allison, Bass & Associates, L.L.P. will provide all necessary services to successfully
complete all redistricting projects assigned by the lawful authority of the contracting
governmental entity. These services include, but are not limited to, the following:
1. Conduct preliminary planning and assembly of information useful and necessary
for the reapportionment of the contracting governmental entity and election
subdivisions of the jurisdiction related thereto.
2. Obtain preliminary population data from the U. S. Census Bureau for the 2010
federal census.
3. Prepare the necessary population and demographic analysis to evaluate existing
subdivisions of the contracting governmental entity to insure that the same meet
all legal requirements under State and Federal law, and to provide a written report
to the contracting governmental entity of all findings.
4. In the event existing political boundaries remain in compliance with state and
federal law without the necessity of reapportionment following the 2010 census,
the contracting governmental entity and Allison, Bass & Associates, L.L.P. will
conclude this agreement as provided in Section 2A below.
5. Should redistricting be legally required, Allison, Bass & Associates, L.L.P. will,
working in conjunction with the contracting governmental entity, prepare no less
than THREE (3) ALTERNATIVE REAPPORTIONMENT PLANS, draft maps,
Flat Rate/Fixed Fee Contract for Professional Services Page 1
proposals and notices to satisfy all statutory and constitutional requirements, and
will be compensated as provided in Section 2B below.
6. Consult with the designated authority (either the governing body of the
contracting governmental entity, or any authorized citizens advisory committee)
as needed by mail, telephone, email or facsimile, and no fewer than THREE
PHYSICAL APPEARANCES within the jurisdiction being reapportioned. These
appearances will include a preliminary workshop with the executive body of the
contracting governmental entity, and not less than two (2) meetings with the
designated authority.
7. Attend and participate in one or two PUBLIC HEARINGS on proposed
redistricting plans. The Public Hearings will be conducted after the designated
authority has made a recorrnnendation to the contracting governmental entity, and
may be conducted on the same date in two different locations within the
jurisdiction being reapportioned.
8. After approval by the executive body of the contracting governmental body,
prepare and file all necessary maps and other documentation to complete
submission to the U. S. Department of Justice for Preclearance under the Voting
Rights Act
9. Upon receipt of Preclearance from the Department of Justice, prepare and file all
necessary notice, maps and documentation with the appropriate Texas officials in
conformity with State law.
10. In the event litigation is required, Allison, Bass & Associates, L.L.P. will agree to
provide such additional legal services and/or support as the parties may contract
under separate agreement.
B. The contracting governmental entity agrees to provide access to all necessary records and
personnel for this project and to fully cooperate with the Attorneys in this project.
Section 2: COMPENSATION
The contracting governmental entity agrees to compensate Allison, Bass & Associates,
LLP for its services as follows:
A. Initial Assessment:
Fee for preparing an Initial Assessment of existing political boundaries, including the
costs of obtaining suitable 2010 Census Data, is $1,500.00. The Initial Assessment fee is due
January 31, 2010.
Should the Initial Assessment indicate that the existing political boundaries for the
contracting governmental entity do not require redistricting under state and federal law, and that
Flat Rate/Fixed Fee Contract for Professional Services Page 2
no legal basis exists for further reapportionment services, there will be no additional costs due
beyond the Initial Assessment fee.
B. Further Reapportionment Proceedings Required
Should the Initial Assessment indicate that the existing political boundaries for the
contracting governmental entity are unsuitable under state and federal law and services are
provided for the reapportionment process the 2nd Installment of $6,500.00 will be due on
September 1, 2011.
Upon completion of the project, and submission of the plan adopted by the contracting
governmental entity to the United States Department of Justice, a final and 3rd Installment Fee of
$6,500.00 will be due on September 1, 2012.
C. Total Fixed Fee- NOTE: The Fixed fee does not include the cost of publication or
mailing of any notice that may be required by state or federal law. The contracting
local governmental entity will bear the cost of such publication or mailing.
The total fixed fee for services is $13,000.00.
EXECUTED on this day of , 20
BY:
Allison, Bass & Associates, L.L.P.
BY:
Title: Kerr County Judge
James P. Allison or Robert T. Bass
Flat Rate/Fixed Fee Contract for Professional Services Page 3
HOURLY RATE CONTRACT FOR PROFESSIONAL SERVICES
WHEREAS, under the provisions of the Texas Constitution and federal law, the
governing executive body of a political entity with members elected from single member
districts is responsible for the division of the political entity into precincts, districts or wards, and
to conduct periodic reapportionment of such wards to accomplish fair representation and one-
person-one-vote balance; and
WHEREAS, the apportionment of the population of the political entity must comply with
state and federal statutory requirements; and
WHEREAS, professional assistance will assure that the obligations imposed by state or
federal law are satisfied, and that the process is conducted in an orderly, efficient manner; and
WHEREAS, the firm of Allison, Bass & Associates, L.L.P. is prepared to provide all
necessary professional services to assist in this area;
Kerr County, acting by and through its Commissioners Court and Allison, Bass :and
Associates, a Limited Liability Partnership, HEREBY AGREE to the following terms and
conditions:
Section 1: STANDARD SERVICES
A. Allison, Bass & Associates, L.L.P. will provide all necessary services to successfully
complete all redistricting projects assigned by the lawful authority of the contracting
governmental entity. These services include, but are not limited to, the following:
1. Conduct preliminary planning and assembly of information useful and
necessary for the reapportionment of the contracting governmental entity and
election subdivisions of the jurisdiction related thereto.
2. Obtain preliminary population data from the U. S. Census Bureau for the 2010
federal census.
3. Prepare the necessary population and demographic analysis to evaluate
existing subdivisions of the contracting governmental entity to insure that the
same meet all legal requirements under State and Federal law, and to provide
a written report to the contracting governmental entity of all findings.
4. In the event existing political boundaries remain in compliance with state and
federal law without the necessity of reapportionment following the 2010
census, the contracting governmental entity and Allison, Bass & Associates,
L.L.P. will conclude this agreement as provided in Section 2A below.
5. Should redistricting be legally required, Allison, Bass & Associates, L.L.P.
will, working on conjunction with the contracting goverrunental entity,
prepare no less than THREE (3) ALTERNATIVE REAPPORTIONMENT
Hourly Contract for Professional Services Page 1
PLANS, draft maps, proposals and notices to satisfy all statutory and
constitutional requirements, and shall be compensated as provided by Section
2B, below.
6. Consult with the designated authority (either the executive body of the
contracting governmental entity, or any authorized citizens advisory
committee) as needed by mail, telephone, or facsimile, and no fewer than
THREE PHYSICAL APPEARANCES within the jurisdiction being
reapportioned. These appearances will include a preliminary workshop with
the executive body of the contracting governmental entity, and not less than
two (2) meetings with the designated authority.
7. Attend and participate in at least one, and no more than TWO PUBLIC
HEARINGS on proposed redistricting plans. The Public Hearings will be
conducted after the designated authority has made a recommendation to the
contracting governmental entity, and will be conducted on the same date in
two different locations within the jurisdiction being reapportioned.
8. After approval by the executive body of the contracting governmental body,
prepare and file all necessary maps and other documentation to complete
submission to the U. S. Department of Justice for Preclearance under the
Voting Rights Act.
9. Upon receipt of Preclearance from the Department of Justice, prepare and file
all necessary notice, maps and documentation with the appropriate Texas
officials in conformity with State law.
10. In the event litigation is required, Allison, Bass & Associates, L.L.P. will
agree to provide such additional legal services and/or support as the parties
may contract under separate agreement.
C. The contracting governmental entity agrees to provide access to all necessary records and
city personnel for this project, and to fully cooperate with the Attorneys in this project.
Section 2: COMPENSATION
A. Initial Assessment:
The contracting governmental entity will pay Allison, Bass & Associates, L.L.P. for all
services rendered at a rate of $250.00 per hour for all time performed by licensed attorneys of the
firm, and $125.00 for all demographers utilized by the firm, plus all incidental and necessary
expenses, including but not limited to travel, rental cars, meals, long distance telephone,
photocopies, fax communications, costs of data, maps, charts or other data, including any service
company expenses incurred in the production of a reapportionment plan.
An initial retainer fee of $5,000.00 shall be paid to Allison, Bass & Associates, L.L.P. to
cover the costs of acquiring preliminary data, and the preparation of an initial assessment as
stated below no later than January 31, 2010. An accounting of all time and expenses shall be
Hourly Contract for Professional Services Page 2
billed against this advance fee, and a monthly itemized statement shall be provided documenting
all time and expenses incurred on behalf of Kerr County.
B. Further Reapportionment Proceedings Required
Should our Initial Assessment indicate that the existing political boundaries for Kerr
County are unsuitable under state and federal law we will proceed with the reapportionment
process at the stated hourly rate, plus expenses.
EXECUTED on this
day of , 20
BY:
Allison, Bass & Associates, L.L.P.
BY:
James P. Allison or Robert T. Bass
Title: Kerr County Judge
Hourly Contract for Professional Services Page 3