HomeMy WebLinkAbout15723 ORD - 08/27/1980•
AN ORDINANCE
AUTHORIZING EXECUTION CSF A CONTRACT WITH THE TEXAS STATE
LIBRARY FOR THE PROVISION OF INTERLIBRARY LOAN SERVICES
FROM SEPTEMBER 1, 1980 TO AUGUST 31, 1981, A SUBSTANTIAL
COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A" AND
MADE A PART HEREOF; THE CONTRACT PROVIDES $90,899 FOR THIS
SERVICE; 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 a contract with the Texas State Library for the provision of Inter-
library Loan Services from September 1, 1980 to August 31, 1981, a substantial
copy of which is attached hereto, marked Exhibit "A" and made a part hereof.
The contract provides $90,899 for this service.
SECTION 2. The necessity to authorize execution of the aforesaid
contract 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, 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 August, 1980.
ATTEST:
C09/'�tary
`AP/PROVED:
)(D DAY OF AUGUST, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
MAY1
15723
THE 'ITY OF CORPUS CHRISTI, TEXAS
itiniaMED
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Contract 125b
CONTRACT FOR INTERLIBRARY LOAN SERVICES
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
II. STATEMENT OF SERVICES TO BE PERFORMED:
A. The Receiving Agency will reimburse the Performing Agency for expenses
incurred in processing and filling interlibrary loan requests for library
materials and information from designated libraries and for processing
Interlibrary loan requests originating with the Performing Agency.
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 may charge expenditures against this grant only if
they are for reimbursement of expenses incurred or obligated during the
grant period. Grant funds may not be encumbered after August 31, I981.
By November 30, 1981, 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 audit the status of accounts as of
November 30, 1981, for all funds received under this contract.
Audit Requirements:
I. This grant must be identified by Contract #125b.
2. Federal and State funds must be audited separately. Federalfunds 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, 1981, and a final fund balance as of November 30,
1981.
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, if any, as determined by the indirect cost rate specified in this
contract, applied to the direct expenditures verified in the audit.
7. 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)
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8. The audit must identify the amount of program income earned as a
result of this grant, if any, and must 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, 1982. The cost of
the audit if 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.
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 purchased with funds from federal grants and to conduct
annual inventories of such equipment according to federal guidelines 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.
I. 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 al 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 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. Department of Education. However, the
opinions expressed herein do not necessarily reflect the position or
policy of the U.S. Department of Education and no official
endorsement by the U.S. Department of Education should be inferred.
Promotional materials, bibliographies, and other such short pieces should
give the following acknowledgement:
Published with funds granted under the Library Services and Con-
struction Act, Title I (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 to use the work for government
purposes.
(page 2 of 5)
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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 will submit monthly statistical reports of activity
and response time reports within five working days following the end of a
month, and will create a record of each interlibrary loan request
(transaction sheet) and make this record available to the Receiving Agency
upon demand.
N. The Performing Agency agrees to submit four (4) expenditure reports of
federal and program income accounts for the following periods: (1)
September
1, 1980 to
December1, 1980 to February 28,er 3119819by� March 15, 981;ecember3(3) MarOch (1,
1981 to May 31, 1981, by June 30, 1981; and (4) June 1, 1981 to August 31,
1981 by September 15, 1981.
O. The Performing Agency shall not subcontract any part of this contract to
another person or agency wlthout the prior written approval of the
Receiving Agency.
P. The Performing Agency agrees to provide the Receiving Agency with two
sets of all promotional materials produced under this contract.
Q. The Performing Agency will add the following staff whose work assign-
ments are exclusively to provide interlibrary loan services:
(1) Librarian II
(2) Principal Library Aide
(1) Senior Library Aide
R. The Performing Agency will provide office equipment, one OCLC terminal
and printer, one microfiche reader, 2 telephone line(s) directly into the
interlibrary loan office, and a telephone extension to local library
telephones.
5. The Performing Agency will provide access to the complete LC -NUC
series, CBI, BIP, and OCLC.
T. The Performing Agency's budget allocations under this contract are
predicated upon the following performance objectives:
1. Fill 6,570 interlibrary loan requests from the Performing
Agency's resources.
2. Process 18,900 interlibrary loan transactions.
3. Maintain an average response time of one calendar day for inter-
library loan requests.
U. 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 written 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.
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 a "Request for Funds" submitted by the Performing
Agency on Texas State Library form 51-10. The request will be - ily for the
amount of funds required to meet disbursement needs for a one -mon -'1 period,
but should not be less than $250 per request.
(page 3 of 5)
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IV. TERM OF CONTRACT:
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This Contract is to begin September 1, 1980 and shall terminate August 31, 1981.
V. BASES FOR CALCULATING REIMBURSABLE COST:
Code Category Amount
101 Salaries $ 50,771
109 Retirement Fund/Social Security 6,890
389 Health Insurance/Workers' Comp. 1,812
301 Communications (OCLC) 12,532
344 Telephone 6,875
244 Photocopying/Supplies/printing 2,550
328 Postage & Postal Insurance 2,970
352 Memberships & Training 245
353 Operational Travel 270
347 Equipment Service Contracts 355
301 Audit 1,200
514 Inventory (Lost Books) 100
TOTAL DIRECT COSTS
472 Total Indirect Costs (596 of Direct
Expenditures)
$ 86,570
4,329
TOTAL CONTRACT AMOUNT $ 90,899
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 1596 of the budgeted amount. This provision does not
allow the total amount of the contract to be exceeded.
(page 4 of 5)
CONTRACT AMOUNT:
The total amount of this Contract shall not exceed:
$90,899
Ninety tho.«nd, P4ghr hundrt d and ninety-nine dollars.
Source of Funds in this Contract: FY 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.
By:
RECEIVING AGENCY
Texas State Library
ignature
Dorman H. Winfrey
Typewritten Name Above
Director and Librarian
PERFORMING AGENCY
By:
Signature (Must be an official empowered
to enter into contracts)
R. Marvin Townsend
Typewritten or Printed Name Above
City Manager
Title Title
7—tv73
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 9277
Corpus Christi, Texas 78408
Address
512/884-3011
Telephone Number
ATTEST:
City Secretary
APPROVED: DAY OF , 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
Director of Finance
(page 5 of 5)
Corpus Christi, Texas
444/ . 1920
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.
Respectfully,
1
MAYIRir
THE TY OF CORPUS CHRISTI. TEXAS
The Charter rule was suspended by the
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
following
vote:
The above ordinance was passed by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
15723