Res 099-92 6/16/1992RESOLUTION NO.
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 as Exhibit A 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 16th day of June, 1992.
M A Y O R
ATTEST:
City C erk
STATE OF TEXAS
COUNTY OF WICHITA §
This agreement, made and entered into this the day of
June, 1992, but effective as of May 28, 1992, 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 from the City for use in the Sheriff
Department and Criminal District Attorney investigator' s fleets,
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
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
covenants 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 ( 10a)
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. Such gasoline shall be
dispensed and sold to the County at City cost. City shall keep
an accurate log of all gasoline dispensed to County vehicles.
III.
City shall invoice the County on a monthly basis for all
gasoline sales and for the cost of maintenance and repair of
County vehicles. Such invoicece shall be mailed to the County by
the 10th of the month and shall be due and a apyble 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, Texas
By:
James Berzina, City Manager
ATTEST:
City Clerk
County of Wichita, Texas
By:
Nick Gipson, County Judge
ATTEST:
Commissioners ' Court Clerk