HomeMy WebLinkAbout020967 RES - 08/21/1990A RESOLUTION
AUTHORIZING THE ACCEPTANCE OF GRANTS TOTALLING $200,000 AND
AUTHORIZING THE EXECUTION OF A GIFT AGREEMENT WITH THE
CORPUS CHRISTI PUBLIC LIBRARY FOUNDATION, INC. AND A
CONTRACT AND ALL RELATED DOCUMENTS WITH THE TEXAS STATE
LIBRARY FOR THE CONSTRUCTION, DESIGN, AND EXPANSION OF
PARKDALE BRANCH LIBRARY; APPROPRIATING $200,000.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the acceptance of grants totalling
$200,000 is hereby authorized and the City Manager is hereby
authorized to execute a gift agreement with the Corpus Christi Public
Library Foundation, Inc. and a contract and all related documents with
the Texas State Library for the construction, design, and expansion of
Parkdale Branch Library, all as more fully set forth in the Gift
Agreement and Contract for Construction of a Public Library Facility,
substantial copies of which are attached hereto and made a part
hereof, marked Exhibits A and B respectively.
SECTION 2. That there is hereby appropriated $200,000 for
the construction, design, and expansion of Parkdale Branch Library.
ATTEST:
City Secretary
APPROVED: / - DAY OF
HAL GEORGE, CITY ATTORNEY
By
Assistant City Attorney
{ }'G L 1 i 1. F;. (ā
MAYOR
THE CITY OF CORPUS CHRISTI
, 19
1 I.
THE STATE OF TEXAS
COUNTY OF NUECES
CITY OF CORPUS CHRISTI, TEXAS
LEGAL DEPARTMENT
GIFT AGREEMENT
KNOW ALL BY THESE PRESENTS:
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,
(the "City") and The Corpus Christi Public Library Foundation, Inc., a
nonprofit organization (the "Foundation") which exists solely to
benefit the Corpus Christi Public Libraries.
For and in consideration of the covenants, undertakings and
considerations herein stated, the parties mutually agree as follows:
(1) This Agreement provides for the City to accept a gift from
the Foundation in the amount of no less than $100,000 to be spent
solely and exclusively for construction and renovation of the Parkdale
Branch Library upon the following terms and conditions:
A. The City agrees to expend all Library Services and
Construction Act, Title II funds allocated for the
construction and renovation of the Parkdale Branch
Library before any Foundation funds are expended.
B. The City agrees to expend any city funds which may be
designated for this project before any Foundation'
funds are expended.
(2) The Foundation agrees to reimburse the City for invoices
submitted after all other funds, enumerated above in (1) A and (1) B,
have been expended under the following conditions:
A. The City Architect will certify work completed as
contracted on each invoice before it is submitted to
the Foundation for payment.
B. The Foundation will reimburse the City for work
certified as having been performed within 30 days of
presentation of invoice.
C. The obligation of the Foundation hereunder shall not
exceed the total sum of $100,000.
(3) This Agreement is not assignable unless all parties to the
assignment agree to such assignment in writing.
(4) Gift funds shall be disbursed to the City on the basis of
certified invoices submitted to the Foundation. Nothing contained in
this Agreement shall be construed to create a relationship of
employer-employee, but all funds dispersed hereunder shall be made
pursuant to the terms of this Agreement.
(5) 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 , 1990.
THE CORPUS CHRISTI PUBLIC LIBRARY
FOOUUNI)A,TION, ING /
D. Bell, President
George
. Stephens Treasurer
ATTEST CITY OF CORPUS CHRISTI, TEXAS
Armando Chapa, City Secretary Juan Garza, City Manager
APPROVED: % /ti DAY OF %oaf/
G7
HAL GEORGE,, CITY ATTORNEY
By _ / LLG610 (e -f
Ruben Perez, Assistarjt City Attorney
Contract #430.3
CONTRACT FOR CONSTRUCTION OF A PUBLIC LIBRARY FACILITY
This Contract and Agreement is entered into by and between the Texas State
Library and Archives Commission and the Local Governmental Unit pursuant to the
authority granted and in compliance with the provisions of the Government Code,
Chapter 441, Libraries and Archives, § 441.006, General Powers and Duties, and
Public Law 98-480, the Library Services and Construction Act.
I. CONTRACTING PARTIES:
The Receiving Agency: Texas State Library and Archives Commission
The Performing Agency: City of Corpus Christi, Corpus Christi Public Library
II. STATEMENT OF SERVICES TO BE PERFORMED:
A. The Receiving Agency agrees to make a grant of monies to be used for the
purpose of constructing a public library facility as approved in the
Performing Agency's grant application. The Performing Agency agrees to
adhere to all of the program requirements set forth in the grant
guidelines.
B. The Performing Agency may charge expenditures against this grant only if
they are allowable under Title II of the Library Services and Construction
Act and/or conform to the grant application budget. Grant funds may not be
encumbered after May 31, 1993. By August 31, 1993, all obligations of the
grant period must have been paid. A final Outlay Report and Request for
Reimbursement for Construction Programs will be submitted to the Receiving
Agency and all unexpended grant funds will be returned, or if additional
payments are due the Performing Agency, such payments will be forwarded by
the Receiving Agency.
C. The Performing Agency agrees to audit all funds received under this
contract. Such audit shall be conducted in accordance with Office of
Management and Budget Circular A-128, Audits of State and Local
Governments.
The audit will be provided to the Receiving Agency no later than 180 days
following the close of the city/county fiscal year. An audit report will
be provided for each fiscal year in which grant funds are expended.
D. The Performing Agency agrees to notify the Receiving Agency if all of the
federal funds awarded under this grant will not be needed. Notification is
required when excess funds total $5,000 or 5% of the grant, whichever is
greater.
Page 2 of 7
E. The Performing Agency agrees to retain all records, books, or other
documents pertaining to the project for a period of five years. Such
records shall be accessible to the Receiving Agency, the State Auditor,
and the Department of Education or their authorized representatives. All
records pertaining to equipment purchased with grant funds must be retained
for five years following the date of disposition.
F. The Performing Agency certifies that it will comply with the assurances set
forth in the Public Library Construction grant application submitted to the
Receiving Agency which requested federal and/or state assistance.
G. The Performing Agency shall provide the following documents to the
Receiving Agency prior to placing the project on bid:
1. A written building program developed with the assistance of a
Library Building Consultant (i.e., librarian with a Master's
Degree in Library Science from an ALA accredited library school
who is experienced in public library building planning).
2. An evaluation of flood hazards in connection with the proposed
construction including assurance by the Performing Agency that in
so far as practicable uneconomic, hazardous, or unnecessary use of
flood plains will be avoided.
3. An assessment of the impact of the proposed construction on the
quality of the environment in accordance with Section 102 (2)(c)
of the National Environmental Policy Act of 1969 and Executive
Order 11514.
4. A description of the relationship of the proposed construction to
and probable effect on any district, site, building, structure, or
object that is: (a) included in the National Register of Historic
Places or (b) eligible under criteria established by the Secretary
of Interior for inclusion in the National Register of Historic Places.
5. Statement of compliance with federal statutes and regulations on
non-discrimination as defined on HEW Form 441.
6. A statement of certification by a registered architect that the
proposed facility will be designed to make it accessible to and usable
by the physically handicapped.
H. The Receiving Agency will be provided a copy of the tabulation of all bids
received with the bid accepted so designated. The Receiving Agency will
also be provided a copy of the construction contract or contracts and all
contract documents. The construction contract must be signed on or before
September 1, 1991.
Page 3 of 7
I. The Performing Agency agrees to display, at the construction site, a sign
stating that Federal funds provided under the Library Services and
Construction Act are being used for this project. If a plaque is placed
in the completed building indicating the date of completion and source of
funds, the Performing Agency will note on the plaque that funds were
provided under the Act.
J. The Performing Agency certifies that all local matching funds listed in the
grant application will be expended for the proposed project.
K. When procuring equipment, construction, or other services with grant funds,
the Performing Agency shall comply with all of the procurement procedures
detailed in the Uniform Grant and Contract Management Standards for State
Agencies.
L. The Performing Agency agrees to obtain the specific written approval of
the Receiving Agency prior to expending grant funds for the purchase of
equipment or when sub -contracting any part of this grant.
M. The Performing Agency agrees to maintain inventory records of all non -
expendable personal property purchased with grant funds having a unit
acquisition cost of $300 or more and to conduct inventories of such
property in accordance with the Uniform Grant and Contract Management
Standards for State Agencies. The Performing Agency further agrees to
report all property purchased with grant funds which cost $300 or more to
the Receiving Agency on the Form TSL 51-12, "Property Inventory Record,"
by August 31, 1993.
N. The Performing Agency shall have or obtain a full title or other interest
in the site, including right of access, that is sufficient to insure the
undisturbed use and possession of the facility for 20 years or the useful
life of the facility, whichever is longer.
0. The Performing Agency shall insure that the construction is functional,
economical, and not elaborate in the use of materials, compared with
facilities of a similar type constructed in the State or other geographical
area. It will comply with the standards under the Occupational Safety and
Health Act of 1970 in planning for and designing the facility.
P. The Performing Agency shall observe the Life Safety Code, National Fire
Protection Association publication No. 101 and state and local codes which
have been certified as exceeding the Life Safety Code.
Q. The Performing Agency assures that the building will, to the extent
feasible, make efficient use of energy and that it will comply with
Standard 90-75 of the American Society of Heating, Refrigerating, and Air
Conditioning Engineers in designing and constructing the facility.
R. The Performing Agency must secure the approval of the Receiving Agency if
there is a material change in approved space utilization or functional
layout.
Page 4 of 7
S. The Performing Agency will assume responsibility for insuring compliance
by sub -contractors with construction contract conditions including the
assurance that contractors comply with Federal contract conditions related
to labor standards and equal employment.
T. The Performing Agency agrees to submit quarterly expenditure reports on the
SF 271, Outlay Report and Request for Reimbursement for Construction
Programs, until the proposed facility is completed.
U. The Performing Agency affirms that it has not given, offered to give, nor
intends to give at any time hereafter any economic opportunity, future
employment, gift, loan, gratuity, special discount, trip, favor or service
to a public servant in connection with this contract. The Performing
Agency further affirms that its employees or agents shall neither solicit
nor accept gratuities, favors or anything of monetary value from
contractors, potential contractors or parties to subagreements.
V. The Performing Agency agrees to comply with the terms and conditions of
this contract and acknowledges that failure to comply can result in grant
suspension. Suspension shall be effective fifteen (15) days after
receiving written notification from the Receiving Agency. During the
suspension, the Performing Agency shall be reimbursed for those costs which
cannot be reasonably avoided provided they are allowable under the grant
agreement.
W. The Contracting Parties may terminate this contract by giving written
notice at least (30) days prior to the effective dates of such termination.
Termination procedures shall adhere to the Uniform Grant and Contract
Management Standards for State Agencies.
X. The Performing Agency shall administer this grant in accordance with the
Uniform Grant and Contract Management Standards for State Agencies which
shall be considered a part of this contract. This grant is also subject to
federal regulations contained in Title 34 CFR 76; 34 CFR 80; and 34 CFR
770.
III. PAYMENT FOR SERVICES:
The Receiving Agency shall pay for services received from federal appropriation
items or accounts of the Receiving Agency from which like expenditures would
normally be paid, based upon an Outlay Report and Request for Reimbursement for
Construction Programs submitted by the Performing Agency on Form SF 271. 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.
IV. TERM OF CONTRACT:
This Contract is to begin September 1, 1990 and shall terminate August 31, 1993.
Page 5 of 7
V. BASES FOR CALCULATING REIMBURSABLE COSTS:
Architectural Engineering Basic Fees
Construction and Project Improvement
$ 32,000
$168,000
TOTAL PROJECT AMOUNT $200,000
Funds may be transferred to cost categories not established in this contract
only if prior authorization is obtained from the Receiving Agency. This
provision does not allow the total amount of Federal funds to be exceeded.
The use of Federal funds for payment of contingencies is unallowable.
Therefore, contingencies may be paid only from local matching funds.
ALLOWABLE COSTS UNDER TITLE II GRANTS
The following costs may be paid from LSCA Title II funds in accordance with the
Library Services and Construction Act:
a. Erection of new buildings to be used for public library facilities.
b. Expansion, remodeling, and alteration --as distinguished from maintenance and
repair --of existing library buildings or buildings to be used for public
library purposes.
c. Expenses --other than interest and the carrying charges on bonds --related to
the acquisition of an existing building or of land on which there is to be
construction of new buildings or expansion of existing buildings to be used
for public library buildings. These expenses are allowable if they were
incurred three years prior to date on which the Texas State Library approved
the project. To be allowable, the expense must constitute an actual cost or
transfer of public funds in accordance with the usual procedures of the
local government.
d. Site grading and improvement of land on which these facilities are located.
e. Architectural, engineering, and inspection expenses incurred after site
selection.
f. Expenses related to the acquisition and installation of initial equipment to
be located in a public library facility. This equipment includes all
necessary building fixtures and utilities, office furniture, and public
library equipment. An applicant may not include the cost of books or other
library materials.
Page 6 of 7
VI. CONTRACT AMOUNT:
The total amount of Federal LSCA Funds committed for this contract shall not
exceed: $100,000
One Hundred Thousand Dollars
Source of Funds in this Contract:
$100,000 LSCA Title II, FFY 1990 Carryover
$100,000 Local Matching
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 governments; (2) the services, supplies or materials contracted for
are 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 arrangements
and payments contracted for are in compliance with the provisions for Programs
of the Department of Education, the Rules and Regulations and the General
Provisions of the Library Services and Construction Act, P.L. 98-480, and the
State Library Plan for operation under the Library Services and Construction
Act.
RECEIVING AGENCY PERFORMING AGENCY
City of Corpus Christi
Texas State Library Corpus Christi Public Library
By: Gā 7
By:
Signature (Must be an official
empowered to enter into contracts)
William D. Gooch Juan Garza
Typewritten Name Above Typewritten or Printed Name Above
Director and Librarian City Manager
Title Title
August 2, 1990
Date Date
Page 7 of 7
Type or print name of local fiscal Type or print name of individual
officer responsible for account into designated as the person entrusted
which these funds are to be paid. with the safekeeping of the property
acquired with grant funds. (If
applicable)
Jorge Garza Herbert G. Canales
Name of Fiscal Officer Name of Property Manager
Director of Finance
Title (Must be an official of
the Performing Agency)
Director of Libraries
Position of Property Manager
1201 Leopard 805 Comanche
ADDRESS ADDRESS
(512) 880-3611 (512) 880-7070
TELEPHONE NUMBER TELEPHONE NUMBER
:; roved as io form:
Hal George, City Attorney
hv' ' ku t "r7 2i
1,S°V2t211i City Attorr,v.
Corpus Christi, Texas
c % day of
1990
The above resolution was passed by the following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
066
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