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HomeMy WebLinkAbout12890 ORD - 11/05/1975• JM:hb:11 /4/75:lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR INTERLIBRARY LOAN SERVICES WITH THE TEXAS STATE LIBRARY FOR THE PERIOD OF DECEMBER 1, 1975 THROUGH AUGUST 31, 1976, A SUBSTANTIAL COPY OF SAID CONTRACT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: C] SECTION 1. That the City Manager be and he is hereby authorized to execute a contract for interlibrary loan services with the Texas State Library for the period of December 1, 1975 through August 31, 1976, the interlibrary loan function being a part of the service offered by the La- Retama Library as a Major Resource Center under the Texas State Library Systems Act, a substantial copy of the aforesaid contract being attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to execute the aforesaid contract at the earliest practicable date in order to provide the services outlined creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolutiin shall be read at three several meetings of the City Council and the Mayor having declared that such emergency and necessity exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the$ day of AIDUEM 19t -1Pi , 1975. ATTEST: / o Citp Sec etary OR to- THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: �0 DDAAY OF , 1975: A� //___����fSL9 sCity Attorney 12890 CONTRACT N32• • CONTRACT FOR INTERLIBRARY LOAN SERVICES This Contract and Agreement Is entered Into by and between the State Agency and Local Governmental Unit shown below pursuant to the authority granted and in . compliance with the provisions of the "Library Systems.Act," Article 5446a V.C.S.; "The Powers and Duties of the Commission, Director-and Librarian," Article 5436 V.C.S.., and the Library Services and Construction Act, Flub lic'Law 91 -600. 1. CONTRACTING PARTIES: The Receiving Agency: Texas Library and Historical Commission The Performing Agency: City of Corpus Chr•Isti, La Retama-Pubilc Library 11. - STATEMENT OF SERVICES TO BE PERFORMED: A. The Receiving Agency will reimburse the Performing Agency for expenses incurred in processing and filling lnterllbrary'ioan requests for library materials and information. B. The Performing Agency will provide free Interlibrary loan and reference services according to the operating procedures set by the Receiving Agency. C. The Performing Agency will add the following staff whose work assignments are exclusively to provide Interlibrary loan services: 1 librarien(s) 2 clerical employee(s) D. The Performing Agency will provide off ice equipment, one TWX teletype, one microfiche reader, two telephone Ilne(s) directly into the inter- library loan office, and a telephone extension to local library phones. E. The Performing Agency will provide access to the complete LC- NUC series, CBI, and SIP. F. The Performing Agency's Reference and /or Subject Departments will fill information (subject) requests as completely as possible to include the following minimum procedures: 1) search the card catalog 2) search basic periodical Indexes in the subject field 3) send pertinent information found in periodicals at the Performing Agency 4) list, for referral, b)b- ilographic information found in Indexes but not available at Performing Agency. t;. The Performing Agency will take incoming interlibrary loan telephone re- quests for a minimum of 7 'hours per day, Monday through Friday, when the library is open. Where staffing in the interlibrary loan office Is insufficient to meet this requirement due to vacation or sick leave on the part of the staff, this requirement will be waived. V. The - Performing Agency's budget allocations under this contract are,predl- cated upon the following performance objectives: I) fill 3,613 inter - Ilbrary loan requests from the Performing Agency's resources 2) maTnt6ln an.average - response time of one day for requests for ITbrary materials and two.days for requests for information. Budget readjustments wTl.l be made periodically In the event that these performance objectives are not ful- filled: However, the response time objective is regarded as a"target and is. subject to significant variation depending upon the volume. 1. The Performing.Agency will submit a monthly statistical report of activity to the Receiving Agency and will create a record of each interlibrary loan request (transaction sheet) and make this record available to the Receiving Agency upon demand. J. The Performing Agency will submit a quarterly expenditure report to the Receiving Agency and such other reports regarding volume, response time, and /or turn - around time as the Receiving Agency may require. , K. The Performing Agency agrees to submit an audit as of August 31, 1976 of the special fund set up for the federal Library Services and Constuction Act. monies received under this contract, and for the special fund set up for the state monies received under this contract. Audit Rsquirementa _ - - • I. This grant must.be Tdentl fled_by Contract Number 32. . 2. State and federal funds must be audited.separately. . 3. The audit fore h grant mhst determine a'cash balance and .an obligated fund balance as of August 31, 1976:: u': :` 4. _Expenditures must be identified-by the. cateq.orles specified under - Paragraph v of this contract. __ u• - - _ S. All audits must be conducted by an indepeldent certifled'public accountant .or a public accountant licensed by the Texas_ State Boa rd- of Public Accountancy. The audit will be conducted according to an audit manual sent to the local fiscal officer designated in this contract and will be provided To the Receiving Agency by December 1, 1976. Funds received under this contract must -be audited annually until there. are no existing unpaid obligations - outstanding against the special accounts, at which time a final audit must be conducted. L. The Performing Agency may charge expenditures against this grant only if they are for reimbursement of expenses incurred in the provision of inter- '- library' loan services and are for reimbursement of expenses incurred during the grant period. All funds not encumbered as of August 31, 1976 will be returned to the Receiving Agency. M. The Performing Agency agrees to maIntaIn financial records and other evidence pertaining to all cost Incurred and revenues or other applicable credits in accordance with generally accepted accounting principles. Any interest earned on these funds must be credited to the contract accounts and - expended in accordance with the contract. These records must be retained for a period of five years and shall be made available to the Secretary of Health Education and Welfare and the Comptroller General of the United States and the State of Texas or their duly authorized representatives for the purpose of audit and examination of any books, documents, papers, and records of the Performing Agency at all reasonable times during the five year reten- tion period. N. The Performing Agency agrees to maintain continuing inventory records of .all equipment purchased with funds from this grant.and to conduct annual Inventories of such equipment according to state and federal guldel Ines .. and procedures as provided by the Receiving Agency and agrees that any equipment acquired with funds from this grant shall become the property of 'the Texas State Library in the event that the Performing Agency ceases to be a network referral library. 0. Travel may be reimbursed at a rate no higher than the current level for the State of Texas. This rate now stands at I" per mile and $22 per day for In -state travel or $35 per day for out -of -state travel. Travel not specifically identlfied under Paragraph V must be cleared with the Texas State Library. P. Any publication or presentation resulting from or primarily related to the work conducted under this contract shall contakm the following acknowledgement: The activity which Is the subject of this report was supported In whole or in part by the U.S. Office of Education, Department of Health, Education and Welfare. However, the opinions expressed herein do not necessarily reflect the position or policy of the U.S. Office of Education and no official endorsement by the U.S. Office of Education should be inferred. Promotional materials, bibliographies and other such short pieces should give the following disclaimer: Published. with funds under the Library Services and Construc- etlon Act, Title I (P.L. 91 -600). Q. If a study results in copyrlghtable material, the Performing Agency is free to copyright the work but the Recelving Agency reserves a royalty-free, nonexcluslve and irrevocab, "le License to reproduce, publish, or otherwise use and to authorize others to use the work for Government Purposes. R. The Performing-Agency certifies that.-It 1`s in full comp) -lance with VI of the Civil Rights Act of 1964 as Indicated by the completed Form HEW 441 on fl le. The Performing Agency certlfles.by this contract that It Is in full clmpllance with Title IX of the. Education Amendments of 1972 prohibiting sex discrimination and any regulations issued thereunder. S. The Receiving Agency may terminate this contract if.the Performing Agency for any reason violates any of the terms of this contract or falls to carry out the various tasks set forth in this contract", -by- .giving written notice to the Performing Agency at least five (5) days prior to the effective dates'of such termination. The Performing Agency shall be entitled to receive reimbursement for all expenses Incurred prior to the effective date of ter- mination. T. The Performing Agency shall not subcontract any part of this - contract to another person or agency without the prior written approval of the Receiving Agency.- III. PAYMENT FOR SERVICES The Receiving Agency shall pay for services received from state and federal appropriation items or accounts of the Receiving Agency from which like expenditures would normally be paid, based upon a "Request for Funds" submitted by the'Performing Agency on Texas State Library Form 51 -10. The request will be only for the amount of funds required to meet disbursement needs for a one -month period, but should not be less than $250 per request. In the event that Library Services and Construction Act funds are withheld by the federal government, payments will be withheld indefinitely pending receipt of sufficient funds to reimburse the Performing Agency. The Receiving Agency will not honor fiscal obligations under this contract if sufficient federal funds are unavailable. IV. TERM OF CONTRACT: This Contract is to begin December I, 1975 and shall terminate August 31, 1976. V. BASES FOR CALCULATING REIMBURSABLE COST: Code -Cate-gory Amount 101 salaries librarian 1 $8,532.00 • clerk 14 $5,310.00 clerk 10 $4,752.00 $18,594.00 344 1) telephone $3,699.00 2) TWX $1,594.00 + $ 5,293.00 109 fringe benefits - librarian. $1,818.00 clerical .$1,509.00 $.3,327.00 244 1) photocopying by -Performing Agency _for their System's Area and Community li_b- rarles at 106_per page $ 435:00 - 72) supplies $ 652.00" 3) photocopy bill from Texas.lnformation Exchange $ 146.00 - $ 1,233.00 243 office equipment $ 520.00 postage.and•Insurance travel- for MRC ILL 17brarian 1) ILL meeting- at-State Library $ 63.00 2) Texas Library Assoclatlon Annual Conference $121.00 $ 435.004 $ 184.00 f Changes may vary among the above expense categories without prior approval by the Receiving Agency if such variances do not exceed 15% of the• estimated amounts for a particular expense category and the total does not exceed the contract amount. VI. CONTRACT AMOUNT: Tlie fotal amount of this Contract shall not exceed: $29.586 Twenty -Nine Thousand; Five Hundred Eighty -Six Dollars The undersigned Receiving'Agency does hereby certify that (1) the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies of state and local government, (2) the services, suppites or materials contracted for are not required by Section 21- of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest bidder, and (3) the arrange- ments and payments contracted for are in compliance with the Provisions for Programs of the Department of H.E.W., Office of Education, the Rules and Regulations and the General Provisions of the Library *Services and Construction Act, P.L. 91 -600, and the State Library Plan for operation under the Library Services and Construction Act. RECEIVING AGENCY TEXAS STATE LIBRARY PERFORMING AGENCY CITY OF CORPUS CHRISTI, LA RETAMA PUBLIC LIBRARY By: r-..� R.-Marvin Townsend Dorman H. Winfrey, Director d Librarian $ City Manager, (Please indicate) Date: Date: ATTEST:- APPROpEd: Cit Secretary Acting City Attorn Type or pry(nt name of local fiscal officer responsible for account In o which these funds are to be paid. - Harold F. Zick FISCAL OFFICER Director of Finance Title (must be an official of the city or county government) P.-O. Sox 9277,'Corpus Christi, Texas Address 78408 884 -3011, Telephone Number • • CORPUS CHRISTI, TEXAS DAY OF 9�`J —7 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NEf ESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, /'� -a I A - ^ YOR rlo -Tem THE CI Y OF CAPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES ils RUTH GILL BOS GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FOL OWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE