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HomeMy WebLinkAbout15293 ORD - 01/02/1980"vp:12-31-79:1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS STATE LIBRARY FOR A GRANT OF MONIES TO BE USED FOR PROVIDING LIBRARY SERVICE IN THE SOUTH TEXAS LIBRARY SYSTEM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE°CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be, and he is hereby, authorized to execute an agreement with the Texas State Library for a grant of monies to be used for providing library service in the South Texas Library System, a substantial copy of which is attached hereto, marked "Exhibit A", and made a part hereof. SECTION 2. The necessity to authorize the execution of the afore- said agreement in order to provide library service in the South Texas Library System at the earliest practicable date 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 intro- duction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, having requested the suspension of the Charter rule and that this ordinance take effect_and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the a day of January, 1980. ATTEST: City Secretary APPROVED: DAY OF JANUARY, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Citorney R THE ITY OF CORPUS CHRISTI, TEXAS 152513 MICROFILMED,, 'AUG 2 81984 w'! - zt GRANT AGREEMENT FOR LIBRARY SYSTEM SERVICES Contract if 101c 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 "Library Systems Act," Article 5446a V.C.S.; the "Rules and Regulations for the Library Systems Act;' "The Powers ,and Duties of the Commission, Director and Librarian," Article 5436 V.C.S.; and the "Library Services and Construction Act," Public Law 84-597, as amended by 95-123. I. CONTRACTING PARTIES: The Receiving Agency: Texas State Library and Archives Commission The Performing Agency: City of Corpus Christi, Corpus Christi Libraries 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 providing services to the Major Resource System as approved in the System's Annual Program of Service for 1980. B. The Performing Agency agrees to adhere to all regulations cited in the Rules and Regulations for the Library Systems Act. C. The Performing Agency may charge expenditures against this grant only if they conform to the approved project proposal or grant application and are for reimbursement of expenses incurred or obligated during the grant period. Grant funds may not be encumbered after August 31, 1980. By November 30, 1980, all obligations of the'grant period must have been paid. An audit will then be submitted to the Receiving Agency and all unexpended funds will be returned or a final request for any funds due will be submitted. D. The Performing Agency agrees to submit an official audit as of November 30, 1980, of the special fund set up for the Library Services and Construction Act funds received under this contract, and for the special fund set up for the state monies received under this contract. Audit Requirements: 1. This grant must be identified by Contract 4f 101c 2. Federal and State funds must be audited separately. Federal funds by fiscal year must be audited separately. 3. The audit for this grant must determine an unobligated fund balance and a -cash balance of grant accounts and of program income accounts as of August 31, 1980, and a cash balance as of November 30, 1980. 4. Expenditures must be identified by the categories specified under Paragraph V. of this contract. 5. All audits must be conducted by an independent certified public accountant or a public accountant licensed by the Texas State Board of Public Accountancy. 6. The audit must identify the maximum allowable expense for indirect costs as determined by the indirect cost rate specified in this contract, if any, applied to the direct expenditures verified in the audit. The audit must identify the amount of interest earned on this grant, if any. All interest earned must be refunded to the Receiving Agency at the completion of the audit. (page 1 of 5) 8. The audit must identify the amount of program income earned as a result of this grant, if any, and mast verify, that the income was properly credited to the grant account. Unexpended program income funds must be refunded to the Receiving Agency at the completion of this audit. 9. The audit will be conducted according to an audit manual sent to the local fiscal officer designated in this contract. The audit will be provided to the Receiving Agency by February 1, 1981. The cost of the audit received after this date must be paid from local funds. E. The Performing Agency may not use monies received under this grant to replace local funds during the period of the grant. F. The Performing Agency must retain time records for reimbursement of personnel services charged to the grant account. Reimbursement of prorated personnel services may be charged to the grant account if the percentage of time expended on the grant program is clearly specified on the time records. Reimbursement of personnel from system funds for duties not authorized in the Annual Program of Service must be approved in advance by the Receiving Agency. G. The Performing Agency agrees to maintain financial records and other evidence pertaining to all costs incurred and revenues or other applicable credits in accordance with generally accepted accounting principles. 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 retention period. H. The Performing Agency agrees to maintain continuing inventory records of all equipment and films purchased with funds from state and federal grants and to conduct annual inventories of such property according to state and federal guidelines and procedures as provided by the Receiving Agency and agrees that any property acquired with funds ff•om this grant shall become the property of the Texas State Library in the event that the Performing Agency ceases to be a Major Resource Center. The Performing Agency agrees to reimburse travel and per diem expenses either at the rate currently in effect for the State of Texas or at the rate currently adopted by the local Performing Agency. The State of Texas rate, if adopted by the Performing Agency, is currently reimbursed at 20 cents per mile and $40 per day for in-state travel and actual expenses not to exceed $40 per day for out-of-state travel. Travel outside the system service area not specifically identified in the Annual Program of Service must be approved in advance by the Receiving Agency. J. Any publication or presentation resulting from or primarily related to the work conducted under this contract shall contain the following disclaimer: 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 acknowledgement: Published with funds granted under the Texas Library Systems Act (H.B. 260) and the Library Services and Construction Act, Title 1 (P.L. 84-597, as amended by P.L. 95-123). K. If this contract results in copyrightable material, the Performing Agency is free to copyright the work but the Receiving Agency reserves a royalty - free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use and to authorize others touse the work for Government purposes. (page 2 of 5) L. The Performing Agency certifies that it is in full compliance with Title VI of the Civil Rights Act of 1964 as indicated by the completed HEW -441 form on file. The Performing Agency certifies by this contract that it is in full compliance with Title IX of the Education Amendments of 1972 prohibiting sex discrimination. The Performing Agency certifies by this contract that it is in full compliance with Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act (42 U.S.C. 6101 et. seq.). M. The Performing Agency agrees to submit two evaluation reports showing: (1) revised and up -dated goals and objectives; (2) major activities and an assessment of the program's success; (3) organizational and operational problems encountered by the system; and (4) such other standard statistical reports as the Receiving Agency may require. The evaluation reports are for the period: (1) September 1, 1979 to February 29, 1980, due March 30, 1980, and (2) March 1, 1980 to August 31, 1980, due by September 30, 1980. N. The Performing Agency agrees to submit the Statement of Objectives form and the Standardized Reporting form to the Receiving Agency two (2) weeks after the end of each month. O. The Performing Agency agrees to submit four (4) expenditure reports of state, federal, and program income accounts for the periods: (1) October 1, 1979 to November 30, 1979, by December 31, 1979; (2) December 1, 1979 to February 29, 1980 by March 15, 1980; (3) March 1, 1980 to May 31, 1980, by June 30, 1980; and (4) June 1, 1980 to August 31, 1980 by September 15, 1980. P. 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. Q. The Performing Agency agrees to provide the Receiving Agency with two sets of all promotional materials produced under this contract. R. The Contracting Parties may terminate this contract if either party for any reason violates any of the terms of this contract, or fails to carry out the various tasks set forth in this contract, by giving notice at least thirty (30) 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 termination. S. The Performing Agency agrees to submit as of June 1, 1980 to the Receiving Agency a copy of the letter from a federal agency approving the library's indirect cost plan. If this letter is not submitted to the Receiving Agency by that date, the Performing Agency will be entitled to only ten percent (10%) of direct salaries (excluding fringe benefits, overtime, and holiday premiums) as the indirect cost rate. 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. IV. TERM OF CONTRACT: This Contract is to begin October 1, 1979 and shall terminate August 31, 1980. (page 3 of 5) V. BASES FOR CALCULATING REIMBURSABLE COST: Code Category Amount 101 Salaries 64,763 109 Retirement 8,940 244 Office Supplies 2,089 301 Professional Services 600 328 Postage 3,015 344 Telephone & Telegraph 9,178 347 Equipment Maintenance 500 353 Operational Travel 2,388 ,362 Printing & Advertising 4,529 389 Insurance do Workman's Comp. 1,670 514 Books - Library 41,042 TOTAL DIRECT. COSTS 472 Indirect Costs (5% of direct expenditures) TOTAL CONTRACT AMOUNT $ 138,714 6,936 $ 145,650 Expenditures in excess of the above amounts for a particular expense category are allowable without prior approval of the Receiving Agency if the additional charges do not exceed 15% of the budgeted amount. This provision does not allow the total amount of the contract to be exceeded. (page 4 of 5) VI. CONTRACT AMOUNT: The total amount of this Contract shall not exceed: $145,650 One hundred forty-five thousand six hundred fifty dollars. Source of Funds in this Contract: 1980 LSCA Title I 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 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 arrangements 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. 84,597, as amended by P.L. 95-123, and the State Library Plan for operation under the Library Services and Construction Act. RECEIVING AGENCY • Texas State Library By gnature Dorman H. Winfrey Typewritten Name Above PERFORMING AGENCY City of Corpus Christi Corpus Christi Public Libraries By: Signature (Must be an official empowered to enter into contracts) R. Marvin Townsend Typewritten or Printed Name Above Director and State Librarian City Manager Title Title January 1, 1980 Date ' Date Type or print name of local fiscal officer responsible for account into which these funds are to be paid: Harold F. Zick Name of Fiscal Officer Director of Finance Title (Must be an official of the city or county government) P.O. Box 9722 -- Corpus Christi, Texas 78408 Address 512/884-3011 Telephone Number City Secretary APPROVED: DAY OF JANUARY 1980: J. BRUCE AYCOCK, CITY ATTORNEY BY Assistant City Attorney (page 5 of 5) Director of Finance Corpus Christi, Texas r,2 day of e 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 necessity exist for the suspension 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; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally,on the date it is introduced, or at the present meeting of the City Council. The Charter rule Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky Respectfully, MAYOR was suspended HE CIT OF CORPUS CHRISTI, TEXAS by the following .JL OILA The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the vote: following vote: 9-4-( (L__