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INTERLOCAL AGREEMENT
<br />FOR A
<br />COOPERATIVE PROGRAM
<br />FOR
<br />SERVICE LINE PROTECTION PROGRAMS
<br />THIS INTERLOCAL AGREEMENT ("Agreement"), made and entered into pursuant to the Texas Interlocal
<br />Cooperation Act, Chapter 791, Texas Government Code (the "Ac�'), by and between the North Central Texas
<br />Council of Governments, hereinafter referred to as "NCTCOG," having its principal place of business at 616 SiY
<br />Flags Drive, Arlington, Texas 76011, and the CITY OF LA PORTE, TEXAS, a local government, as defined in the
<br />Act (a county, a municipality, a special district, or other polirical subdivision of the State of Texas), hereinafter
<br />referred to as "Participant," created and operated to provide one or more governmental functions and services, and
<br />having its principal place of business at 604 West Fairmont Parkway, La Porte, Texas, 77571.
<br />WITNESSETH
<br />WHEREAS, NCTCOG is a regional planning commission and polirical subdivision of the State of Texas operaring
<br />under Chapter 391, Texas Local Government Code; and
<br />WHEREAS, NCTCOG has performed the due diligence process for a Water Service Line Protecrion Program for
<br />local municipalities; and
<br />WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perform governmental
<br />functions and services; and
<br />WHEREAS, in reliance on such authority, NCTCOG has a cooperarive program under which it contracts with
<br />eligible enriries under the Act and
<br />WHEREAS, Participant has represented that it is an eligible enrity under the Act, that by Administrative Acrion has
<br />authorized this Agreement on * , and that it desires to contract with NCTCOG on the terms set forth
<br />below; and
<br />WHEREAS, NCTCOG's Execurive Board approved a resolurion to provide these services through interlocal
<br />agreements at its January 27, 2011 board meeting;
<br />NOW, THEREFORE, NCTCOG and the PARTICIl'ANT do hereby agree as follows:
<br />ARTICLE 1: LEGAL AUTHORITY
<br />The Participant represents and warrants to NCTCOG that (1) it is eligible to contract with NCTCOG under the Act
<br />because it is one of the following: a local government, as defined in the Act (a county, a municipality, a special
<br />district, or other polirical subdivision of the State of Texas) or any other state, or a combinarion of two or more of
<br />those enriries, a state agency (an agency of the State of Texas as defined in Secrion 771.002 of the Texas
<br />Government Code, or a similar agency of another state), or a non-profit corporation created and operated to provide
<br />one or more governmental funcrions and services, and (2) it possesses adequate legal authority to enter into this
<br />Contract.
<br />ARTICLE 2: APPLICABLE LAWS
<br />NCTCOG and the Participant agree that this Agreement shall be governed by and subject to all applicable state and
<br />federal laws, statutes, rules and regulations in effect or promulgated during the term of this Agreement, whether or
<br />not cited herein, including the Texas Interlocal Cooperarion Act, Chapter 791 of the Texas Government Code...
<br />ARTICLE 3: WHOLE AGREEMENT
<br />This Agreement and any attachments, as provided herein, consritute the complete contract between the parties hereto
<br />regarding the subject matter herein described, and supersede any and all prior oral and written agreements between
<br />the parties relating to the matters set forth herein.
<br />ARTICLE 4: MASTER CONTRACT
<br />NCTCOG AND Utilitv Service Partners Private Label, Inc. ("USP") have entered into a Master Contract
<br />calling for USP to urovide line reuair coverage to homeowners residing within the iurisdiction of the
<br />Particivant for water lines and sewer lines as uart of a urotection urogram. Furthermore it is anticivated
<br />that USP will enter into Letters of Engagement with subscribing Particivants outlining the services to be
<br />Interlocal Agreement - 7/19/2011
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