Res 166-93 11/2/1993RESOLUTION NO. \ (.12(0 , q3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS AUTHORIZING AN INTERLOCAL COOPERATION AGREEMENT
WITH THE COUNTY OF WICHITA TO PROVIDE THE COUNTY OF
WICHITA WITH COMMONLY USED SUPPLIES AND PRINTING BY THE
CITY OF WICHITA FALLS; 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 agreement with the County of Wichita,
pursuant to the Interlocal Cooperation Agreement Act, to provide
the County of Wichita with commonly used supplies and printing,
in accordance with the terms and conditions of the contract
document, the same attached hereto and made a part of this
resolution 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 2nd day of November, 1993 .
M A w 0 R
ATTEST:
laAJ.4)
City Clerk
STATE OF TEXAS
COUNTY OF WICHITA
This agreement , made and entered into this dayof1993, by and between the County ofWichita, Texas, acting by and through its duly authorized CountyJudge, and the City of Wichita Falls, Texas, a municipal
corporation located in Wichita County, Texas, acting by and through
its duly authorized City Manager ,
WITNESSETH;
Whereas, the City of Wichita Falls and the County of Wichita ,
Texas, desire to enter into a contract to provide for supplying the
County of Wichita ( "County" ) with commonly used supplies and
printing by the City of Wichita Falls ( "City" ) : and ,
WHEREAS , such an agreement is authorized under Chapter 791 ,
Government Code ( Inter-local Cooperation Act . )
NOW, THEREFORE , for and in consideration of the mutual
covenants hereinafter set forth , and the City of Wichita Falls andtheCountyofWichitaagreeasfollows:
1 . SERVICES TO BE PERFORMED. The City shall perform for the
County the following services:
1 . Provide printing services and commonly used supplies
at the same cost as is charged to offices of theCitybutwiththeadditionofatwopercent (2% )
administrative fee.
2. Provide a monthly billing statement for services and
supplies provided to the County.
3. Maintain open lines of communication with the
County.
2. FACILITIES AND PERSONNEL. The City shall maintain the
facilities and personnel necessary to provide the services to be
performed under this contract .
3. FEES.The County agrees to pay, from its current
revenues, to the City for the services provided under this contract
the following amount :
a. The standard cost of printing and supplies charged
to City offices plus two percent (2%) administrative
fee.
4. SERVICES TO BE PERFORMED BY THE COUNTY:
1 . Conform to the same requirements as are observed by
City offices when ordering supplies and printing .
5. TERM. The term of• .this agreement shall- be for a' period
of one ( 1 ) year commencing
0
and ending
and shall be automatically renewed for successive one ( 1 ) year
periods unless terminated as hereinafter provided . Either party
shall have the right to terminate this contract by giving the other
party at least ninety (90 ) days ' written advanced notice of its
intent to do so . If mutually agreeable between the parties, this
agreement may be terminated after the expiration of thirty (30)
days.
6. INDEMNIFICATION. The County agrees to indemnify and hold
harmless the City against any expense, loss , claim, or judgment ,
including reasonable attorney ' s fees , arising out of or resultingfromCity ' s performance of its services hereunder , where City has
adhered to the framework of policies interpretation, rules,
practices, and procedures made or established by County.
7. BOOKS. AND RECORDS.City shall maintain all records
pertaining to the services to be performed by it hereunder . City
shall disclose the information in such records only to County , or ,
as designated in writing by County, or to such persons as required
by law. Upon termination of this Agreement , City shall deliver to
County, upon written request within a period mutually agreeable ,
but in no event greater than six (6) months from the date of
termination , all files and documents for the two (2 ) years
immediately preceding the termination of this Agreement . If such
documents or files are so requested , County agrees to pay all costs
incurred by City in providing such information and records ,
including , but not limited to , the costs of programing , computer
changes and mailing .If additional information is requested by
County subsequent to the termination of this Agreement , City shall
take reasonable steps to provide such information, and County
agrees to pay all costs incurred by City in providing such
information, including , but not limited to , the costs of
programming , computer changes and mailing . City shall be entitled
to retain copies of all such records at its own expense.
8. INDEPENDENT CONTRACTOR. It is understood and agreed by
the parties hereto that the City is engaged to perform under this
Agreement as an independent contractor .
9. ASSIGNMENTS. City shall not assign nor delegate to any
other person or entity the duties, obligations or responsibilities
imposed upon it by this Agreement without the prior written
approval of County.
10 . ENTIRE AGREEMENT_i. AMEN_DMENTS. This Agreement , includingtheexhibitsheretoandanyamendmentshereto , contains the entire
agreement between the parties, and all prior proposals , discussions
and writings by and between the parties and related to the subject
matter hereof are superseded hereby.This Agreement may be
modified or amended only pursuant to a written instrument executed
by both parties hereto .
11 . INVALIDITY. If any provision of this Agreement or anyportionthereofisdeclaredinvalidorunenforceable , the remainingprovisionsshallneverthelessremaininfullforceandeffect .
12. FORCEMAJEURE. Notwithstanding any provisions of this
Agreement to the contrary, neither City or County shall have any
liability to the other for a failure of performance resulting from
any cause beyond its control .
COUNTY OFiWICHITA, TEXAS CITY OF WICHITA FALLS, TEXAS
By:
ATTESTED: ATTESTED:
COUNTY CLERK CITY CLERK