HomeMy WebLinkAboutRes 2011-08-05 ILA with NCTCOG - Service line protection.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2011-08-05
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE
CITY MANAGER EXECUTE AN INTERLOCAL AGREEMENT WrrH THE NORTH
CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) FOR A COOPERATIVE
PROGRAM FOR SERVICE LINE PROTECTION PROGRAMS
WHEREAS, NCTCOG is a regional planning commission and political subdivision of the
State of Texas operating under Chapter 391, Texas Local Government Code; and
WHEREAS, NCTCOG has performed the due diligence process for a Water Service Line
Protection Program for local municipalities; and
WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to
perform governmental functions and services; and
WHEREAS, in reliance on such authority, NCTCOG has a cooperative program under which
it contracts with eligible entities under the Act; and
WHEREAS, NCTCOG's Executive Board approved a resolution to provide these services
through interlocal agreements at its January 27,2011 board meeting; and
WHEREAS, THE City Council of the City of Anna, Texas (the "City Council") finds that
approval of this Agreement is in the best interests of the citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval and Authorization of Interlocal Agreement.
The City Council hereby approves the Interlocal Agreement attached hereto as Exhibit 1, and
authorizes the City Manager's to execute same.
PASSED by the City Council of the City of Anna, Texas, on this 9th day of August, 2011.
ATTEST:
08-09-2011
INTERLOCAL AGREEMENT
FORA
COOPERATIVE PROGRAM
FOR
SERVICE LINE PROTECTION PROGRAMS
THIS INTERLOCAL AGREEMENT ("Agreement"), made and entered into pursuant to the Texas Interlocal
Cooperation Act, Chapter 791, Texas Government Code (the "Act"), by and between the North Central Texas
Council of Governments, hereinafter referred to as "NCTCOG," having its principal place of business at 616 Six
Flags Drive, Arlington, Texas 76011, and the City of Anna, Texas, a local government, as defined in the Act (a
county, a municipality, a special district, or other political subdivision of the State of Texas), hereinafter referred to
as "Participant," created and operated to provide one or more governmental functions and services, and having its
principal place of business at III N. Powell Parkway, Anna, Texas 75409.
WITNESSETH
WHEREAS, NCTCOG is a regional planning commission and political subdivision ofthe State of Texas operating
under Chapter 391, Texas Local Government Code; and
WHEREAS, NCTCOG has perfonned the due diligence process for a Water Service Line Protection Program for
local municipalities; and
WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perfonn governmental
functions and services; and
WHEREAS, in reliance on such authority, NCTCOG has a cooperative program under which it contracts with
eligible entities under the Act; and
WHEREAS, Participant has represented that it is an eligible entity under the Act, that by Administrative Action has
authorized this Agreement on August 9, 2011, and that it desires to contract with NCTCOG on the tenns set forth
below; and
WHEREAS, NCTCOG's Executive Board approved a resolution to provide these services through interlocal
agreements at its January 27,2011 board meeting;
NOW, THEREFORE, NCTCOG and the PARTICIPANT do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Participant represents and warrants to NCTCOG that (1) it is eligible to contract with NCTCOG under the Act
because it is one of the following: a local government, as defmed in the Act (a county, a municipality, a special
district, or other political subdivision ofthe State of Texas) or any other state, or a combination of two or more of
those entities, a state agency (an agency of the State of Texas as defined in Section 771.002 of the Texas
Government Code, or a similar agency of another state), or a non-profit corporation created and operated to provide
one or more governmental functions and services, and (2) it possesses adequate legal authority to enter into this
Contract.
ARTICLE 2: APPLICABLE LAWS
NCTCOG and the Participant agree that this Agreement shall be governed by and subject to all applicable state and
federal laws, statutes, rules and regulations in effect or promulgated during the tenn of this Agreement, whether or
not cited herein, including the Texas Interlocal Cooperation Act, Chapter 791 of the Texas Government Code.
ARTICLE 3: WHOLE AGREEMENT
This Agreement and any attachments, as provided herein, constitute the complete contract between the parties hereto
regarding the subject matter herein described, and supersede any and all prior oral and written agreements between
the parties relating to the matters set forth herein.
ARTICLE 4: MASTER CONTRACT
NCTCOG AND Utility Service Partners Private Label, Inc. ("USP") have entered into a Master Contract
calling for USP to provide line repair coverage to homeowners residing within the jurisdiction of the
Participant for water lines and sewer lines as part of a protection pr02ram. Furthermore it is anticipated
that USP will enter into Letters of Engagement with subscribing Participants outlining the services to be
Interlocal Agreement -8/23/2011
provided to the citizens of Participant. The initial term of the Master Agreement is three (3) years with a
maximum of three (3) one (1) year renewals for a total, maximum term of six (6) years. NCTCOG shall act as
a facilitator only with regard to the program, it being understood that the direct contractual relationship
between USP and the Participant shall control the nature and extent of services to be provided. NCTCOG
shall have no direct contractual relationship with Participant regarding this service other than to facilitate
the program.
Participants will be entitled to receive a portion of the revenues received by USP from citizens within their
jurisdiction as more fully described in the Master Contract and the Letters of Engagement. No payments will be
made by NCTCOG to the Participant or from the Participant to NCTCOG.
ARTICLE 5: ELECTION TO PARTICIPATErrERMINATlON.
By electing to execute this Agreement Participant acknowledges that it is subscribing to this service with USP for
the term and upon the conditions set out in the Letter of Agreement and the adjoining Master Contract. NCTCOG
and Participant may terminate this Agreement for any reason upon thirty (30) days prior written notice to the other.
ARTICLE 6: CHANGES AND AMENDMENTS
This Agreement may be amended only by a written amendment executed by both parties, except that any
alternations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and
State law or regulations are automatically incorporated into this Agreement without written amendment hereto and
shall become effective on the date designated by such law or regulation.
THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS
FOLLOWS:
*Denotes required fields
NOTE: Facsimile copies ofthis document will not be acceptable as ORIGINALS.
City ofAnna, Texas North Central Texas Council ofGovernments
III N. Powell Parkway, Anna, Texas 75409 616 Six Flags Drive, Arlington, Texas 76011
'BY:~~
SignafuTeOiAUtilO!icial
* Monte Mercer
Typed Name of Authorized Official
* Deputy Executive Director
Typed Title of Authorized Official Date
Interlocal Agreement -8/23/20 II