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Home My Public Portal AboutResolution No. 483-17 07-10-2017RESOLUTION 483-17 A RESOLUTION OF THE RICHLAND HILLS CITY COUNCIL AUTHORIZING PARTICIPATION IN NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS' NORTH TEXAS SHARE PROGRAM WHEREAS, the North Central Texas Council of Governments, hereinafter referred to as NCTCOG, is a voluntary association of, by and for local governments organized under Chapter 391 of the Texas Local Government Code and was established to assist local governments in the planning for common needs, cooperating for the mutual benefit, and coordinating for sound regional development; and WHEREAS, the NCTCOG established North Texas SHARE as a public sector solution center which includes a cooperative purchasing program for goods and services; and WHEREAS, North Texas SHARE procures goods and services in accordance with applicable State laws and regulations regarding contract and procurement proceedings; and WHEREAS, the City of Richland Hills, pursuant to the authority granted under Sections 271.101 to 271.102 of the Local Government Code and Chapter 791 of the Government Code, desires to participate in the North Texas SHARE cooperative purchasing program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS DOES HEREBY RESOLVE AS FOLLOWS: The City of Richland Hills shall be authorized to execute an Interlocal Agreement with NCTCOG to participate in the North Texas SHARE Program and utilize any contracts for goods and services available thereunder. IT IS SO RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS ON THE lOt" DAY OF JULY, 2017. ATTEST: r L ~~ ~ City Secreta Cathy Bour Mayor, Bill Agate-' ~ •~ . ~~, _ ~~ uu North = Texan For N( ILA N Yaur Public Se tar Solutions Center MASTER THIS MASTER INTERLOCAL AGREEME. Interlocal Cooperation Act, Chapter 791, Texas G~ Texas Council of Governments, hereinafter referr 616 Six Flags Drive, Arlington, TX 76011, and local government, a state agency, or a non-prof governmental functions and services, hereinafter re at 3200 Diana Drive, Richland Hills, Texas 76118 PURCHASING AGREEMENT 1T ("ILA"), made and entered into purse vernment Code (the "Act"), by and between d to as "NCTCOG," having its principal pl the Clty of Richland Hills corporation created and operated to rred to as "Participant," having its prii Use Only to the Texas North Central of business at ,a one or more ce of business WHEREAS, NCTCOG is a regional planning ommission and political subdivision of th' State of Texas operating under Chapter 391, Texas Local Govern ent Code; and WHEREAS, pursuant to the Act, NCTCOG ~s authorized to contract with eligible ent~ties to perform governmental functions and services, including th purchase of goods and services; and WHEREAS, in reliance on such authority, NCT OG has instituted a cooperative purchasin program under which it contracts with eligible entities under the ct; and WHEREAS, Participant has represented that it is an eligible entity under the Act, that it is a ~thorized to enter into this Agreement on .July 10, 2017 (Date), and that it desires to contract with ~CTCOG on the terms set forth below; NOW, THEREFORE, NCTCOG and the Partici ant do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Participant represents and warrants to NCTC G that (1) it is eligible to contract with NC COG under the Act for the purposes recited herein because it is o e of the following: a local government, as d fined in the Act (a county, a municipality, a special district, or oth political subdivision of the State of Texas o any other state, or a combination of two or more of those entities, a state agency (an agency of the State of Te xas as defined in Section 771.002 of the Texas Government Code, o a similar agency of another state), or a non- rofit corporation created and operated to provide one or more gove ental functions and services, and (2) it po sesses adequate legal authority to enter into this Agreement. ARTICLE 2: SCOPE OF SERVICES The Participant appoints NCTCOG its true and la ful purchasing agent for the purchase of cert in products and services ("Products" or "Services") through the orth Texas SHARE program. Participan will access the Program through www.NorthTexasSHARE.org All purchases under this Agreement sh 11 comply with applicable Texas competitive bidding statutes as ell as the specifications, contract teens and p~cing applicable to such purchases. NCTCOG may also serve as a oordinating agent to administer the use of el ~gible Participant contracts to other participants of North Texas SH RE. The eligibility of such contracts will 1e determined by incorporation of coordinating agent authorization in Participant's solicitation documents. Titl to all products purchased under the North Texas SHARE progra shall be held by Participant unless otherwise',agreed. Nothing in this Agreement shall preclude the Participant fr m purchasing Products and/or Services off' red in the North Texas SHARE program directly from the vendor/s pplier. No SH Ypur Public S ARTICLE 3: PAYMENTS Upon delivery of goods or services purchased and shall promptly, and in any case within thirty (30) c All payments for goods or services will be made f shall NCTCOG have any financial liability to th through the North Texas SHARE program. ARTICLE 4: PERFORMANCE PERIOD This Agreement shall be effective when signed executed and will remain in full force and effect i successive one-year terms unless sooner terminate Agreement must comply with the requirements of tpr Solutipns Center For ILA N ~esentation of a properly documented invoi ~s, pay the contracted provider the full amo m current revenues available to the paying Participant for any goods or services Par y the last party whose signing makes the one (1) year. This Agreement shall autom in accordance with Article 6 below. Any m -rticle 5 below. This Agreement may be amended only by a w itten amendment executed by both parti~ alternations, additions, or deletions to the terms o this Agreement which are required by cha State law or regulations are automatically incorp rated into this Agreement without written and shall become effective on the date designate by such law or regulation. NCTCOG rese time to time to make changes in the scope of pr ducts and services offered tluough the N~ program. NCTCOG or the Participant may cancel this Ag ement for any reason and at any time uI written notice by certified mail to the other party o this Agreement. The obligation of the P. any Service and/or Products purchased under this greement, shall survive such cancellation, Participant costs incurred prior to the effective dat of the cancellation. ARTICLE 7: APPLICABLE LAWS NCTCOG and the Participant agree to conduct all activities under this Agreement in ac applicable rules, regulations, and ordinances and 1 ws in effect or promulgated during the term Use Only the Participant of the invoice. ty. In no event pant purchases Went fully renew for ion of this except that any s in Federal and iendment hereto :s the right from ~ Texas SHARE thirty (30) days ;ipant to pay for yell as any other with all this Agreement. ARTICLE 8: DISPUTE RESOLUTION The parties to this Agreement agree to the exten possible and not in contravention of any a' plicable state or federal law or procedure established for dispute resolution, to attempt to resolve any dispu e between them regarding this Agreement informally through volu tary mediation, arbitration or any other local ~ ispute mediation process before resorting to litigation. ARTICLE 9: MISCELLANEOUS a. This Agreement has been made under and jurisdiction of any suit or cause of action exclusively in Tarrant County, Texas. b. The persons executing this Agreement their respective entities. This Agreement and the rights and obl without the prior written approval of the rth rth Texas 1 be governed by the laws of the State of exas. Venue and ing under, or in connection with, this Agreement shall lie by represent that they have authorization to',~Sign on behalf of ns contained herein may not be assigne~ by either party party to this Agreement. North ,~ Texas For NC COG Use Only ILAN': Your public Se tar Solutions Center d. All parties agree that should any provision of this Agreement be determined to be inval~ d or unenforceable, such determination sh 1 not affect any other term of this Agree ' ent, which shall continue in full force and effect. e. To the extent that either party to this greement shall be wholly or partially pr ented from the performance within the term specified of any obligation or duty placed on such part by reason of or through strikes, stoppage of labor, riot, fir ,flood, acts of war, insun•ection, accident, o der of any court, act of God, or specific cause reasonably b yond the party's control and not attributabl ~ to its neglect or nonfeasance, in such event, the time fort e performance of such obligation or duty s '.all be suspended until such disability to perform is remo ed; provided, however, force majeure sha, 1 not excuse an obligation solely to pay funds. f. This Agreement and any attachments/adde duets, as provided herein, constitute the coi' plete agreement between the parties hereto, and supersede any and all oral and written agreements be een the parties relating to matters herein. THIS INSTRUMENT HAS BEEN EXECUTE IN TWO ORIGINALS BY THE PARTI S HERETO AS FOLLOWS: North Central Texas Council of Governments City of Richland Hills North Texas SHARE 616 Six Flags Drive, Arlington, Texas 76011 Natne of Participant Agency 3200 Diana Drive NCTCOG Executive Director or Designee Mailing Address Richland Hills, TX 76118 Signature of Executive Director or Designee City State Zip Eric Strong, City Manager Date Name and Title of Authorized Official or Designee' ~~ Signature ~•^,l ~~~ o~-I Date