1989R09- INTERLOCAL AGREEMENT
. .
RESOLUTION No.g9~f?-9
A RESOLUTION
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN INTERLOCAL AGREEMENT FOR THE PURCHASE
OF CERTAIN VEHICLES.
WHEREAS, the City Council of the City of Schertz,
Texas, has determined a need to purchase police vehicles; and
WHEREAS, the best and most economical method of
obtaining these vehicles is through an Interlocal Agreement; NOW
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT the City Manager is hereby authorized to enter
into an Interlocal Agreement by and between the City of Schertz,
Texas, and the City of New Braunfels, Texas, for the purchase of
certain police vehicles through the Council's Cooperative
Purchasing Plan.
PASSED, APPROVED AND ADOPTED this the
1989.
~
Mayor,
ATTEST:
I,
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT ("Agreement" l, made and entered
into pursuant to the Interlocal Cooperation Act (Article
4413(32c)V.T.C.S.) by and between the City of Schertz, Texas,
hereinafter called the "City", and the City of New Braunfels, a
City of the state of Texas, hereinafter called "New Braunfels".
WITNESSETH
The City of Schertz constitutes and appoints New Braunfels,
its true and lawful purchasing agent for the purchase of certain
vehicle(s) through the Interlocal Cooperation Act. Said
vehicle(sl will be specified by the City to New Braunfels through
submission of purchase orders duly signed by an appropriate City
official. The City agrees that New Braunfels shall be the
exclusive purchasing agent for the vehicle(sl, and agrees that
the bidding shall be conducted by New Braunfels.
WHEREAS, the City desires to purchase certain vehicle(s) and
WHEREAS, New Braunfels is willing to procure the vehicle(sl
for the City.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
THAT in consideration of the mutual covenants, agreements,
and benefits to both parties, it is hereby agreed as follows:
I. New Braunfels will procure the vehicle (s) described in
the specifications form for vehicle (s l attached hereto. The
vehicle(s) shall be procured in accordance with the regulations
governing competitive bidding procedures of the State of Texas.
II. All of the vehicle(s) purchased hereunder shall be of
new manufacture and undamaged and shall meet the specifications
as determined by the City. The vehicle(s) shall carry the
manufacturer's full warranty to the city. Provided, however,
that it is understood and agreed that New Braunfels has acted
only as an agent for the City in its purchase and makes no
warranty, either implied or expressed, regarding the fitness or
~erchantability of the vehicle(s).
III. The City, by execution of this agreement, agrees to
furnish to New Braunfels a valid Purchase Order following bid
approval. When vendor notifies New Braunfels of definite date
for pickup or delivery of the vehicle(sl to be transferred from
vendor to end user, New Braunfels will invoice the City for the
full amount of the "order". The City agrees to remit full
payment immediately prior to pickup or delivery of the ordered
vehicle(s).
IV. .
at the
ordered
The City agrees to present an authorized representative
appropriate contracted vendor(s) for the _ respective
vehicl~(s), for the eipress purpose of "check out" and
. .
acceptance of the vehiclelsl within five 15}" days after
notification that said vehicle(s} are ready for delivery.
Further, the city shall verify acceptance of the vehicle{s) in
writing to New Braunfels within five {5} days after acceptance of
same..
V. The city agrees that Manufacturer's statement of Origin
ltitle) will be endorsed by the vendor directly to the City at
the time of receipt and acceptance of the vehicle{sl. Further
the city accepts responsibility for vehicle registration and
transfer.
This agreement constitutes
parties hereto relating to
obligations herein assumed.
the
the
entire agreement between the
rights herein granted and the
The later date of execution by t4e CITY MANAGER of the City, or
the MAYOR OR CITY MANAGER of New Braunfels hereinbelow shall
constitute the date of execution hereof.
IN WITNESS HEREOF this instrument, in duplicate originals, has
been executed by the parties hereto as follows:
.~-
a. It has on the day of , 1989, been executed by
the City Manager of the City, on behalf of the City, pursuant to
a Resolution of the City {attached hereto} so authorizing.
b. It has on the
the Mayor or City
Braunfels pursuant
so authorizing.
day of
Manager of New
to a Resolution
, 1989, been executed by
Braunfels on behalf of New
of the City of New Braunfels
CITY OF SCHERTZ
CITY OF NEW BRAONFELS
BY
BY
(Mayor or City Manager)
{Mayor or City Manager}
ATTEST
ATTEST