DalCo 2013-02-26 ConferenceUrbanCounties

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    COURT ORDER

    ORDER NO.

    DATE: February 26, 2013STATE OF TEXAS COUNTY OF DALLAS BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas County, Texas,held on the __ - = 2 : : : : 6 : : = t h ~ ___ day of ___ - - . : c F - . : e : : : b : : : r u ~ a : . : r y " ' _ ' _ , ___ 2013, on motion made by_________________________________ and seconded by___________________________ the following Order was adopted:

    WHEREAS, The 83,d Session of the Texas State Legislature is currently ill session; andWHEREAS, This session includes a number of complex measures that may have significantimpact on Dallas County and Dallas County taxpayers; andWHEREAS, The Commissioners Court is interested in engaging the services of the Conference ofUrban Counties to provide an enhanced level of intergovernmental relations servicesabove and beyond the standard services provided by the CU C to all member

    counties; andWHEREAS, The Urban Counties will assist Dallas County in developing individualized strategiesand engage in customized communications to accomplish the County's legislativepriorities for the 83,d Legislative Session; andWHEREAS, The Urban Counties will provide reports of status, progress and impediJnents andother matters affecting Dallas County; andWHEREAS, The Agreement with Urban Counties will include the services of a dedicated personto provide services to Dallas County at $3,150.00 per month, beginning March 1,2013 - June 30, 2013, for a total cost of $12,600.00.

    IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Dallas CountyCommissioners Court does hereby approve the Enhanced Intergovernmental Relations ServicesAgreement with the Texas Conference of Urban Counties and recommends execution of theattached Agreement by the Dallas County Judge.

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    DONE IN OPEN COURT this the__ - - ' 2 ~ 6 ! . ! ! t h " _ _ _ , d a y of February ,2013.

    Clay Lewis Jenkins,County Judge

    John Wiley Price,District #3

    Dr. Theresa Daniel,District #1 Mike Cantrell,District #2

    Dr. Elba Garcia,District #4

    "lRecommended By: , l . --_ ...YJMarti11:Administrator

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    ENHANCED INTERGOVERNMENTAL RELATIONS SERVICES AGREEMENTThis Intergovernmental Relations Services Agreement ("Agreement") is entered into by andbetween Dallas County, Texas ("County") and Texas Conference of Urban Counties ("UrbanCounties") to be effective March 1, 2013.1. Services to be PerformedUrban Counties will provide an enhanced level of intergovernmental relations services to theCounty that is above and beyond the standard services provided by the Urban Counties to allMember counties. Urban Counties will help County develop individualized strategies andengage in customized communications to accomplish County's legislative priorities for the 83 rdLegislative Session. Urban Counties will provide County customized and individualized reportsof status, progress, impediments, and other matters for consideration by County. UrbanCounties will retain a dedicated person to provide services to the County.2. Payment

    a. In consideration for the services to be performed by Urban Counties, County agrees topay Urban Counties $3,150.00 per month for the term of this agreement beginningMarch 1,2013, exclusive of reimbursable out-of-pocket expenses as provided for herein.b. Payment in the amount of$12,600.00 is due upon execution of this Agreement. In theevent of early termination of this Agreement, Urban Counties will refund to Countyamounts conesponding to the unexpired term; however, partial months will not beprorated.c. Urban Counties will furnish all materials, equipment and supplies used to provide theservices required by this Agreement. Although not expected, Urban Counties may billCounty for ont-of-pocket expenses, if any, at cost. Examples of reimbursable expensesinclude, but are not limited to, out-of-town travel and lunch or dimler meetings arrangedfor County. Any individual expense must be pre-approved by County in writing. Travelreimbursement shall be made according to the County's travel policy. Receipts must bepresented to County for all expense and travel reimbursement requests.d. Urban Counties shall invoice for expenses no later than the month following the monthin which any such expenses are incuned. Such invoices shall describe the expenses inreasonable detail and consistently with normal commercial practices.

    3. Term and TerminationThis Agreement will become effective as stated above and will continue in effect through June30, 2013. This Agreement may be terminated by either party giving fifteen (15) days notice tothe other party.

    Intergovernmental Relations Services AgreementDallas CountyFebruary 2013

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    4. Ethics, Conflicts of Interest and Regulatory Issues; Warranty and Indemnitya. Urban Counties will comply with all applicable laws regulating lobbying activities,

    including filing and disclosure requirements if necessary. Upon request, County agreesto timely furnish to Urban Counties information Urban Counties may reasonably requireand request in order to comply with such laws and regulations.

    b. The parties acknowledge that Urban Counties will not advance legislative positions inconflict with positions held by Urban Counties or its individual members. In the eventan apparent conflict or any other situation that significantly limits Urban Counties'ability to perform the Services described herein should arise, the parties hereto shallattempt to resolve it. In the event the apparent conflict or situation cannot be resolved,this contract may be immediately terminated by either party without liability to theother.

    c. Urban Counties represents and warrants that all services rendered by it on behalf ofCounty pursuant to this Agreement shall be perfonned in a professional and competentmanner in accordance with industry standards and all applicable laws, rules andregulations.

    d. This Contract is expressly made subject to Couuty's sovereign immunity, Title 5 ofthe Texas Civil Remedies Code aud all applicable State aud federal law. Theparties expressly agree that nG provisiou of this Contract is in any way intended toconstitute a waiver of any immunities from suit or from liability that the parties orthe County has by operation of law. Nothiug herein is intended to benefit anythird-party beneficiaries to this Contract.

    5. Other Terms aud Couditiousa. All notices and other communications in cOlmection with this Agreement shall be inwriting and sent the address given below. Email communications are acceptable only ifthe recipient acknowledges receipt by return email.b. No agency, partnership, joint venture or other joint relationship is created by thisAgreement. Nothing in this Agreement shall prohibit either party from entering into the

    same or similar agreements with any other party.c. Urban Counties (including its employees and subcontractors) is and shall at all timesremain an independent contractor and not an employee of County.d. This Agreement may not be assigned by either Party.e. This Agreement will be governed by the laws of the State of Texas without regard for itsconflict of laws provisions.

    Intergovernmental Relations Services AgreementDallas CountyFebruany 2013

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    f. For any suit brought by the parties under this contract venue shall be in Dallas County.6. Entire AgreementThis Agreement contains the entire agreement and understanding between the Parties withrespect to the subject matter hereof and merges and supersedes all prior proposalsunderstandings, or agreements. No waiver or modification to the Agreement is valid unlessmade in writing and signed by authorized representative of both parties.

    Executed this__ day of__________ 2013.Dallas County, Texas

    Clay JenkinsDallas County Judge411 Elm St., 2nd Floor.Dallas, TX 75202

    DALLAS COUNTYCRAIG WATKINSDISTRICT ATTORNEYTERESA GUERRA SNELSONCHIEF, CIVIL DIVISION

    By:Denika CaruthersAssistant District Attorney

    Intergovernmental Relations Services AgreementDallas CountyFebruary 2013

    Texas Conference ofUrban Counties

    Donald LeeExecutive Director500 W. 13 il StreetAustin, Texas 78701