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HomeMy WebLinkAbout16419 ORD - 07/29/1981mb; 7/29/81;2nd AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS STATE LIBRARY TO PROVIDE INTERLIBRARY LOAN SERVICE FOR THE SOUTH TEXAS LIBRARY SYSTEM. THE AGREEMENT PROVIDES FOR $77,650 FOR THE 1981-82 FISCAL YEAR; 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 to provide Inter- library Loan Service for the South Texas Library System a substantial copy of which is attached as Exhibit "A", in return for payment of $77,650 for the 1981-82 fiscal year. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the public need for the above services and funds as soon as possible, such finding of an emergency is made and declared requiring suspension of the Charter rule or to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect n first reading as an emergency measure this 2' day of , 1981. ATTEST: Citretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: o(K QDAY OF JULY, 1981 J� Br Aycock, Cly Attorney 16119 'yF1LMEE. 'SEP 27 1984 UPLICATE CONTRACT FOR INTERLIBRARY LOAN SERVICES Contract #168b 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 Public Law 95-123. I. CONTRACTING PARTIES: The Receiving Agency: Texas State Library and Archives Commission The Performing Agency: City of Corpus Christi, Corpus Christi Public Library I.I. 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 ofexpensesincurred or obligated during the grant period. Grant funds may not be encumbered after August 31, 1982. -By November_ 30,- 1982, 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, 1982, -for -all funds received under this contract. AUDIT REQUIREMENTS": - ; _ - I. This grant -must. be"identified by Contract 168b. 2. Federal and State funds must_be audited separately. Federal funds by fiscal year and Title 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, 1982, and a final fund balance as of --November 30,- 1982. 4. Expenditures must be identified by the categories specified under Paragraph V. of this contract. 5. Allauditsmust 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. - 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. 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 the 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, 1983. 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 actual time spent on the grant program is clearly documented on daily time records for each individual employee. Prorated personnelservices may -be charged to the grant program only if 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 appli- cable credits in accordance with generally accepted accounting principles. Records -must be retained for a period of three years and shall be madeavailable to the Secretary of Education and the Comptroller General of the United States and the State of Texas or their duly authorized representatives for the purpose of audit and exa- _mination-of any-books,—documents, papers and records of the Performing Agency at all -reasonable times during the three year retention period. H. The -Performing Agency -agrees to maintain continuing inventory records of all equipment purchased with funds from federal grants and to con- duct_annual inventories of such equipment according to federal guide- lines and•fprocedures 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 ineffectfor the State of Texas or at the rate currently -adopted" -by the _local Performing Agency. 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 posi- tion or policy.ofthe 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 Construction 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. - 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 cer- tifies 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 acti- vity, and response time reports within five working days following the end of a month; will forward turnaround time data monthly; 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 shall not subcontract any part of this contract to another person or agency without the prior written approval of the Receiving Agency. 0. The Performing Agency agrees to provide the Receiving Agency with two sets of all promotional materials produced under this contract. P.—The_Performing Agency will add the following staff whose work assign- ments are exclusively to provide interlibrary loan services: (1) Librarian II -- (1) Principal Library Aide - (1) -Senior Library Aide Q. The --Performing Agency will provide office equipment, 1 OCLC terminal(s) and -printer, one -microfiche reader, 1 telephone line(s) directly into the- interlibrary'- loan office, and- a telephone extension to local library telephones. _ _ - -R. The Performing Agency will provide -access to the LC NUC through 1977, CBI, BIP,-PBIP, NST, NIM, Texas List, and OCLC. S. The -Performing Agency's budget -allocations under this contract are pre- dicated upon the -following performance schedule objectives: 1.--- Fill 6,100 interlibrary Toan requests from the Performing Agency's resources. - - - --- - 2_ Process 14,000 -interlibrary loan transactions. 3.- Maintain an average response time of 24 hours for interlibrary loan requests._ = " - 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 reim- bursement -for all expenses incurred prior to the effective date of ter- mtnation. 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 upona "Request for Funds" sub- mitted 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 September 1, 1981 and shall terminate August 31, 1982. V. BASES FOR CALCULATING REIMBURSABLE COST: Code 101 Category Salaries Fringe Benefits: 109 Retirement/Social Security Amount $ 46,355 6,968 Insurance: 389 -Health/Workers Comp 1,564 398 -Unemployment 90 301 Communications 8,368 344 Telephone 3,599 244 Supplies/Printing/Photocopying 1,340 328 Postage & Postal Insurance 3,000 352/353 Travel 632 347 Equipment Service Contracts 496 301 Audit- - 1,440 514 Inventory (Lost Books) 100 TOTAL DIRECT COSTS $ 73,952 472 Indirect Costs (5% of direct expenditures) 3,698 TOTAL CONTRACT AMOUNT $ 77,650 _ Expenditures in excess of the above amounts for a particular expense cate- gory are allowable without prior approval of the Receiving Agency if the additional charges do not exceed 15 percent of the budgeted amount. This provision does not allow the total amount of the contract to be exceeded. VI. CONTRACT AMOUNT: The total -amount of this contract shall not exceed: $ 77,650 Seventy Seven Thousand, Six Hundred Fifty Dollars • Source of -Funds in this Contract: FFY 1981 LSCA Title III 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 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 PERFORMING AGENCY City of Corpus Christi, La Retama Public Library Texas State Library By: Dorman H. Winfrey Typewritten Name Above Director & Librarian By: Signature (Must be an official empowered to enter into contracts) W. Thomas Utter Typewritten or Printed Name Above Assistant City Manager Title Title Let,i /9V7 Da e ( 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 1981: . J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney 5 Corpus Christi, Te .f day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as toconsiderationand voting upon ordinances or resolutions at three regular meetings;_I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is, introduced, or at the present meeting of the City Council. Respectfully, Respectfully, , 1981 Council Members MAYO _ THE CITY OF CORPUS CHRISTI, TEXAS _ The above ordinance was passed by -the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 164.1.9