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
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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__