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Res 063-94 5/3/1994RESOLUTION NO. (03 -q(--1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH WICHITA COUNTY FOR THE MAINTENANCE OF CERTAIN COUNTY VEHICLES, SELLING OF FUEL AND JOINT VEHICLE BIDDING; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1. That the City Manager be and is hereby authorized to execute an interlocal cooperation agreement with Wichita County for the maintenance of certain County vehicles, the furnishing of fuels and joint bidding of replacement vehicles, in accordance with the contract document attached hereto and made a part hereof for all purposes. 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 3rd day of . ay, 1994 . 1 M A Y O R Aeg% ATTEST: City Clerk STATE OF TEXAS COUNTY OF WICHITA § This agreement, made and entered into this the day of May, 1994, by and between the City of Wichita Falls, Texas, hereinafter called "City, " and the County of Wichita, Texas, hereinafter called "County, " WITNESSETH: WHEREAS, the City owns and operates a fleet maintenance facility which repairs and maintains all City vehicles; and, WHEREAS, the City also purchases motor fuel in bulk quantities and dispenses same to City vehicles at said fleet maintenance facility; and, WHEREAS, the City purchases replacement vehicles pursuant to the competitive bidding requirements of the State of Texas so as to receive the lowest possible unit cost; and, WHEREAS, County desires to utilize the City's fleet maintenance facility and its employees to perform routine maintenance and repairs to the Sheriff Department's and Criminal District Attorney investigators' vehicle fleets and also desires to purchase gasoline and/or diesel fuel from the City for use in the fleets of the Sheriff Department, Criminal District Attorney investigators, and County Precinct Number One, and jointly bid with the City its fleet replacement vehicles when such specifications are satisfactory to both parties; and, WHEREAS, the joint utilization of the City's fleet maintenance facility as specified herein and the mutual bidding 1 of fleet replacement vehicles will benefit the taxpayers of both entities by minimizing cost and duplication of services. NOW, THEREFORE, for and in consideration of the mutual convenants contained herein, the parties do hereby agree as follows: I. City shall provide routine maintenance and repairs of the Sheriff Department's and Criminal District Attorney investigators' vehicle fleets which numbers currently approximately 33 vehicles. 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 County 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 County 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. II. During the term of this agreement or any extension thereof, City agrees to dispense and sell to the County low-lead gasoline for utilization in the Sheriff Department and Criminal District Attorney investigators' vehicles and to dispense and sell low- lead gasoline and diesel fuel to the County for County Precinct Number One's vehicles. Such gasoline shall be dispensed and sold to the County at City cost. City shall keep an accurate log of all gasoline and diesel fuel dispensed to County vehicles. III. City shall invoice the County on a monthly basis for all fuel sales and for the cost of maintenance and repair of County vehicles. Such invoice shall be mailed to the County 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. IV. In order to obtain the lowest possible cost for replacement of County and City vehicles, the City and County hereby agree to jointly bid future vehicle requirements in instances where such vehicle specifications are acceptable to the needs of both entities. All such future joint bidding shall be done in accordance with the competitive bidding laws of the State of Texas. V. 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. CITY OF WICHITA FALLS By: James Berzina, City Manager ATTEST: City Clerk County of Wichita, Texas By: Nick Gipson, County Judge ATTEST: Commissioners' Court Clerk