Res 149-98 10/6/1998RESOLUTION NO. �J9_9L
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
VEHICLE MAINTENANCE AGREEMENT WITH MIDWESTERN STATE
UNIVERSITY; DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, the City owns and operates a fleet maintenance facility which
repairs and maintains all City vehicles; and
WHEREAS, Midwestern State University desires to utilize the City's fleet
maintenance facility and its employees to perform routine maintenance and repairs to
its vehicle fleet; and
WHEREAS, the joint utilization of the City's fleet maintenance facility as specified
herein will benefit both entities by minimizing cost and duplication of services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Certain agreement between the City of Wichita Falls and
Midwestern State University setting vehicle maintenance rates is hereby approved and
the City Manager is authorized to execute same for the City of Wichita Falls.
SECTION 2. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 6th day of October, 1998.
ATTEST:
City Clerk
MAYOR
STATE OF TEXAS §
COUNTY OF WICHITA §
This agreement, made and entered into this the day of
October, 1998, by and between the City of Wichita Falls, Texas, hereinafter
called "City," and Midwestern State University, hereinafter called "University."
WITNESSETH:
WHEREAS, the City owns and operates a fleet maintenance facility
which repairs and maintains all City vehicles; and,
WHEREAS, University desires to utilize the City's fleet maintenance
facility and its employees to perform routine maintenance and repairs to its
vehicle fleet; and,
WHEREAS, the joint utilization of the City's fleet maintenance facility as
specified herein will benefit both entities by minimizing cost and duplication of
services.
NOW, THEREFORE, for and in consideration for the mutual covenants
contained herein, the parties do hereby agree as follows:
City shall provide routine maintenance and repairs of the University's
vehicle fleet. Such maintenance and repairs shall be performed at actual cost
of labor and parts plus ten (10 %) percent. Such maintenance and repairs shall
be performed during the normal hours of operation of the City fleet
maintenance facility. In the event of a conflict in scheduling the repair or
maintenance of City and University vehicles, City vehicles shall be given
priority, it being understood that the primary purpose of the City fleet
maintenance facility is for the repair and maintenance of City vehicles. As
utilized herein, the term "repair" shall mean the level of routine repair currently
being rendered to City -owned vehicles. In performing the maintenance and
routine repairs to University vehicles, the City agrees to exercise reasonable
care and diligence in performing such services, but expressly does not warrant
or guarantee any of such services.
City shall invoice the University on a monthly basis for the cost of
maintenance and repair of University vehicles. Such invoice shall be mailed to
the University by the 10th of the month and shall be due and payable to the City
by the 301h of each month during the term of this agreement.
This agreement shall be effective for a period of one (1) year from and
after the effective date hereof and shall be automatically renewed from year to
year upon the same terms unless terminated by either party. Termination by
either party shall be accomplished by the giving to the other party thirty (30)
3
days' advance notice in writing specifying their intention to terminate. This
agreement may be modified at any time by the mutual agreement of both
parties.
WHEREFORE, the parties hereto have executed this agreement as of
the day and year first set out above.
ATTEST:
City Clerk
in
City of Wichita Falls, Texas
James Berzina, City Manager
Midwestern State University