Res 046-98 4/7/1998RESOLUTION NO.�- J�
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
VEHICLE MAINTENANCE AGREEMENT WITH MIDWESTERN STATE
UNIVERSITY.
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:
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.
PASSED AND APPROVED this the 7th day of April, 1998
ATTEST:
V
City Clerk
STATE OF TEXAS
COUNTY OF WICHITA
This agreement, made and entered into this the day of April, 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
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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 30th 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) 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.
By:
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City of Wichita Falls, Texas
James Berzina, City Manager
ATTEST:
City Clerk
Midwestern State University