HomeMy WebLinkAbout022613 RES - 06/25/1996A RESOLUTION
AUTHORIZING THE CITY MANAGER TO EXECUTE A GIFT
AGREEMENT WITH THE CORPUS CHRISTI PUBLIC LIBRARY
FOUNDATION, INC. ("FOUNDATION") WHEREBY THE FOUNDATION
AGREES TO CONTRIBUTE $376,066 TO THE CITY IN CASH,
HARDWARE AND SOFTWARE AS FOLLOWS: THE FOUNDATION
AGREES TO GIVE THE CITY $118,374 FOR THE PURCHASE OF AN
AUTOMATED LIBRARY SYSTEM FROM AMERITECH LIBRARY
SERVICES, INC. FOR SHARED USE BETWEEN CITY LIBRARIES AND
HIGH SCHOOL LIBRARIES ; THE FOUNDATION AGREES TO MAKE
PAYMENT OF $56,626 DIRECTLY TO AMERITECH LIBRARY
SERVICES, INC. FOR THE PURCHASE OF THE AUTOMATED LIBRARY
SYSTEM PER THE TERMS OF A U.S. DEPT. OF COMMERCE GRANT TO
THE FOUNDATION; AND THE FOUNDATION AGREES TO PURCHASE
AND GIVE THE CITY TELECOMMUNICATIONS EQUIPMENT IN THE
AMOUNT OF 5201,066 TO BE USED TO PROVIDE THE CITY AND CITY
HIGH SCHOOL LIBRARIES ACCESS TO THE SYSTEM.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute a Gift Agreement with
the Corpus Christi Public Library Foundation, Inc. in which the Foundation agrees to contribute
$376,066 to the City in cash, hardware, and software as follows: $118,374 in Cash to be used to
purchase from Ameritech Library Services, Inc. an automated library system for shared use between
City and high school libraries, $56,626 in direct payment to Ameritech Library Services, Inc. for
the purchase of the automated library system, and $201,066 in telecommunications equipment. The
Gift Agreement is attached hereto as Exhibit A and made a part hereof.
ATTEST:
Armando Chapa, City Sec
THE CITY OF CORPUS CHRISTI
ary MAYOR, MAR
Approved: 1 q day of , 1941
James R. Bray, Jr., City Attedfrt y
By:
Lisa Ortiz, Asst. City Jamey
96AIoA1900009
11 ? S 1 3 ,L IVIED
THE STATE OF TEXAS
COUNTY OF NUECES
GIFT AGREEMENT
This Agreement is by and between the City of Corpus Christi, a home rule city and body politic
under the laws of the State of Texas, ("City") and the Corpus Christi Public Library Foundation, Inc.,
a Texas not for profit corporation (" Foundation") which exists solely to benefit the Corpus Christi
Public Libraries.
For and in consideration of the mutual covenants, undertakings and considerations herein stated, the
parties agree as follows:
1. FOUNDATION OBLIGATIONS.
(A) The Foundation agrees to contribute to the City cash, hardware, and software in the
amount of not less than $376,066 as outlined in paragraphs 1(B), 1(C) and 1(D). Cash received by
the City shall be spent solely and exclusively by the City for the purchase of an automated library
system ("System") for joint use between City, high school libraries and others as approved by the
City.
(B) Subject to 1(A), the Foundation agrees to give the City an amount not less than
$118,374 for System purchase per Purchase Agreement between the City and Ameritech Library
Services, based on invoices submitted for payment by the City to the Foundation.
(C) Subject to 1(A), the Foundation agrees to pay Ameritech Library Services $56,626 as
described in Section 7 of the Purchase Agreement between City and Ameritech Library Services for
hardware, software and services which must be paid directly by the Foundation per U.S. Department
of Commerce grant to the Foundation. The Foundation agrees that the City shall retain title to
hardware paid for in accordance with this paragraph.
(D) Subject to 1(A), the Foundation agrees to purchase telecommunications equipment
described in Exhibit A in an amount not less than $201,066 and transfer title to the City.
(E) At its discretion and subject to pledge payments to be paid to the Foundation by donors,
the Foundation may purchase additional hardware and software on an on-going basis and transfer
title to the City.
2. CITY OBLIGATIONS.
(A) The City agrees to accept a gift from the Foundation in the amount of not less than
$376,066, in cash, hardware and software. Cash received by the City shall be spent solely and
exclusively by the City for the purchase of an automated library system ( "System") for joint use
between City, high school libraries and others as approved by the City. The City agrees to accept
all responsibility for on-going maintenance for all hardware and software purchased by the City and
the Foundation. The City agrees to accept title for System components which are purchased directly
by the Foundation.
(B) In addition, the City agrees to allocate the sum of $100,000 from City funds to be used
for the purchase of the System.
(C) The City agrees, as part of the System purchase contract, to require Ameritech Library
Services to submit itemized invoices directly to the Foundation for equipment and services in an
amount of $56,626 as described in Section 7 of the Purchase Agreement between the City and
Ameritech Library Services.
3. This Agreement is not assignable unless all parties hereto agree to such assignment in writing.
4. Gift funds shall be disbursed by the Foundation on the basis of certified invoices submitted to the
Foundation by the City. Nothing contained in this Agreement shall be construed to create a
relationship of employer-employee, and all funds dispersed hereunder shall be made pursuant to the
terms of this Agreement.
5. The City certifies that any payments it will make in accordance with the terms of this agreement
shall be made from current revenues available to the City. The City and Foundation agree that any
future payments made by the City shall be subject to appropriations.
6. Transfer of title shall consist of signed memorandum from the Foundation President to the City
Manager identifying the specific hardware and software by type and serial number if applicable.
7. This Agreement shall not be enlarged, modified, or altered except in writing, signed by all parties
hereto. This contract shall be interpreted in accordance with the laws of the State of Texas.
Agreed to and accepted for the City of Corpus Christi, a municipal corporation and body
politic under the laws of the State of Texas, this day of , 1996.
THE CITY OF CORPUS CHRISTI THE CORPUS CHRISTI PUBLIC LIBRARY
City Manager
ATTEST:
Armando Chapa, City Secretary
UNDATION, INC.
mal )1110',
P P.
ler, Pres dent
WA-vcy
Diane DeCou, Treasurer
Approved this the day of , 1996.
James R. Bray, City Attorney
By:
Lisa Ortiz, Assistant City Attorney
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Corpus Christi, Texas
25 Day of J v.Ac , 19 qAP
The above resolution was passed by the following vote:
Mary Rhodes
Dr. Jack Best
Betty Black
Melody Cooper
Tony Heldenfels
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David McNichols
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