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HomeMy WebLinkAboutC2006-177 - 5/9/2006 - Approved CALALLEN INDEPFNDENT SCHOOL DISTRICT AND CITY OF CORPUS CHRISTI INTERLOCAL AGREEMENT TO PROVIDE TEMPORARY SITE FOR THE NORTHWEST BRANCH LIBRARY WHEREAS, theoters of Corpus Christi approved a $2 million bond issue in November. 2004 to expand and renovate the Northwest Branch Library on 3202 McKinzie Road; WHEREAS, in the spirit of cooperation. the Calallen Independent School District (District! will providc a temporary site for public library services while the Northwest Branch library undergoes expansinn and renmation. from about August. 2006 through August 2007. NOW, THEREFORE, in consideration of the mutual covenants in this Agreement, the participating local governments (the "Parties"). authorized by appropriate actions of their governing bodies, hereby agree as 1'0110\\ S 1 The District will lease rent-free to the City of Corpus Christi (City) a portion of the i\nnaville Flementan SchooL located at 1901 Cliff Crenshaw Road. known as "the cafeteria" for approximately one ycar for temporary public library services while the Northwest Branch Library (Library) lS expanded and renovated. The cafeteria and two adjacent restrooms are approximately 4.500 sq. feel. i Library IS expected to move some time between July 15 and August 1, 2006. 3 Library will for pay tor dectricity it uses during the lease period. District will bill City thirty- three percent (33%) of the monthly electrical bill for the wing of the school where cafeteria is located, representing approximately the amount of space to be used by the Library. 4 Librarv WIll provide custodial services for the leased area. " Library will have access to twenty (20) parking spaces and will be responsible for designating parking spaces as handicapped and striping spaces for Library usage as needed. 2006-177 05/09/06 J{e"lI2tl77 I ( I".;n n Distnct will he responsible for providmg the followmg utility services: electrical, water, and \vastewaler Distnct wil be responsible for maintenance of plumbing, HV AC and electrical ~v stems 7 Library will be responsible for routine maintenance. 8, Librarv will be responsible for changing the existing phone line for library use and paying all related custs. 9. Library will be responsible for setting the hours of operation. The hours and days of operation will likely the same as they are now: Mon. 2-9: Tues.-Thurs., 10-9; Fri. & Sat., 10-6; Sun. (school year onh) :!-6 Staff will anive earlier and leave later than the public hours defined above. 10, Librar)- will be responsible for wayfinding signage to and from the building used by Library. 11. Any changes or adjustments to the bUIlding or parking area made to meet ADA requirements will be paid by City. 12. District will provIde keys to the budding used for library operations, and will be responsible for making any changes to secure portions of the remainder of the building not accessible to city staff or library patrons. 13. The City Manager and Superintendent are authorized and directed to take all steps necessary or convenient to implement this AgreemcnL and shall cooperate in developing a plan for the implementation of the activities provided t~)f in this Agreement. 14. Each Party shall notify the other Parties its participation in this Agreement by furnishing an executed original of the attached Participation Notice. 15. Each Party which performs services under this Agreement will do so with funds available from current revenues oCthe Party, No Party shall have any liability for the failure to expend funds to provide aid under (his Agreement 2 l6 Tern1 or Agreement a This /\greement shall become effective as to each Party when approved and executed b\ that Party b Once approved bv all Parties, this Agreement shall be for a term of one year, and shall be automatically renewed monthlv subject to the approval of the City Manager and Superintendent. 17 All (1ral or wntten agreements between the parties relating to the subject matter of this Agreement. which \\ere de\ eloped prior 10 the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 18. ThiS Agreement. including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subJect of thi" agreement. 19. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "Iocal governments" as that term is defined in the I nterloca I (ooperation Act. 20. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement. which can be given effect without the invalid provision r 0 this end the remaining provisions of this Agreement are severable and continue in full force and effect. 21. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement. then the legal limitations are made a part of this Agreement and shall operate to amend thiS Agreement to the minimum extent necessary to bring thiS Agreement into conformity with the requirements ofthe limitations. and so modified. this Agreement continue in full force and effect. 22. Nothing in thIS Agreement is intended. nor may it be deemed, to waive any governmental, 3 official, or other immumty or defense of any of the Parties or their officers, employees, representatIves. and agents IS a result oflhe execution of this Agreement and the performance of the covenants contained 111 this Agreemenl 23 This Agreement may be amended by the City Manager and Superintendent, the authorized represematl ves of the governing bodies 0 f the Parties 24. This Agreement shall be governed b~i the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. 25 Unless expressly otherwise provided. any notices or other communication shall be given to the other b: mailing to the 1011owing addresses: lathe CIty Mr. llerb Canales. Director of Libraries 805 ('omanche (\)rpllS Christi, Texas 7840] Tel: (361) 826-7070 Fax: (361) 826-7046 To the District: Arturo Almendarez, Ed.D., Superintendent Calallen Independent School District 4205 Wildcat Corpus Christi, Texas 78410 IN WITNESS WHEREOF. we have executed this Agreement as of the date first above written. CALALLEN INDEPENDENT SCHOOL DISTRICT 4205 Wildcat Corpus Christi. fexas 784J~, / / "/Z By: &,h'"",~ -' 'kte. f~allis President, Board 01 Trustees -" /'-.~ ,/ . ') -. .c...... Date By: l\.A ''t\.\,\.U "". J~\\'\\i.~L"-V~"' <- Arturo Almendarez. Ed.~ Superintendent . i :. ! . ,}. '-, Date 4 CITY OF CORPUS CHRISTI By ~J~c City Manager Approved as to tonn oniv' For City Attorney . . By ->_'t6\1,~~L~ \ eromca Ocanas \ Assistant City Attorne\ Date n 4) C2forlf ,y- w~;;;~=-~/E iQ:~ ._- LL --...- . .... ..... SFr.tiTAi~~ _?-')'C~ Date A.; '-, /~.j)(- ~~'r'~'~' . _, ..:. ". :.. .....t~::-_,_,. '~. '~;JC-;"111 U ' 5