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Home My WebLink About16620 ORD - 10/21/1981lt;10/19/81/1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS STATE LIBRARY WHEREBY THE CITY IS TO RECEIVE $1,764 FOR UTILITIES EXPENSES, LIBRARY MATERIALS DEPRECIATION AND SPACE UTILIZATION, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTAN- TIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; 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 her y authorized to execute a contract with the Texas State Library where y the City is to receive $1,764 for utilities expenses, library materials depreciation and space utilization, all as more fully set forth in the contract, a substan- tial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for efficient administration of City affairs by the execution of the hereinabove described contract for Texas State Library funds, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emer- gency measure this the,f day of October, 1981. ATTEST: i-c.�,� Ci ecretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS A�pR ED: %71 OF OCTOBER, 1981: J. BRUCE AYCOCK, TY ATTO NEY By t MICROFILMED SEP 271984 Contract #168a 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 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 Libraries 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 libraratidn m processing tinterlibrar y 1loan requestsqo orig designated libraries 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, 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. ncy audit 0. .The Performing November 30, 9829,efor agrees1funds received the r cei edunder this contract. as of AUDIT REQUIREMENTS: 1. This grant must be identified by Contract 168a. 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 ndf rant nts accountsa as aofaAugust a 31, nce 01982,, aand caufinal nfund programd of income csh balance as of November 30, 1982. 4. Expenditures must be identified by the categories specified under Paragraph V. of this contract. 5. All audits must be conducted by an independent the ifieds ed public accountant or a public accountant licensed by 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. A11 interest earned must be refunded to the Receiving Agency at the completion of the audit. 1 LnK(.<. ``f 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 personnel services 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 made ava=fable 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 procedures as provided by the Receiving Agency and agrees that any equipment acquired with funds from this grant_shalllbecome 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. Travel outside the -system service area must be approved- in advance by the' Receiving Agency. 3. Any publication or presentation resulting from or primarily related to the work conducted udder 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 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 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. 2 L. The Perfofming 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. e Receiving 0. seti off alllpromot promotional materialsprovide producedhunder this contract. wih two The Agency agrees to P. The Performing Agency will add the following staff whose work assign- ments are exclusively to provide interlibrary loan services: (1) (1) (1) Librarian II Principal Library Aide Senior Library Aide Q. The Performing Agency will provide office equipment, 1 OCLC terminal(s) end rinter, one elephone into the interlibrary microficheloanoffice, adand er, tat telephone llextensne(s) ondirectly extension to library telephones. R. The Performing Agency will provide access to the LC NUC through 1977, CBI, SIP, PBIP, NST, NIM, Texas List, and OCLC. ons une this S. The dicatedfuponnthe9followingdget performancelschedulerobjectives: are pre - 1. Fill 6,100 interlibrary loan 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. T. The Contracting Parties may terminate this contract if either party for. any reason violates any of the terms of this contract, or fails to t 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- mination. 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" sub- mitted by the Performing Agency on Texas State Library form 51-10. The requet ursement needssforlalone-month be mlperiode, but ushould not be ass thannt of funds requied $250 meet sr $250 perrequest. 3 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 Category 312/313 Utilities Depreciation Allowance (616) Space Entitlement (276) 514 Library Materiels Amount $ 788 892 TOTAL DIRECT COSTS $1,660 Indirect Costs (5% of direct 84 expenditures) TOTAL CONTRACT AMOUNT $1,764 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 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: $ 1,764 One Thousand Seven Hundred Sixty Four Dollars Source of Funds in this Contract: FFY 1981 LSCA Title I The undersigned Receiving Agency does hereby certify that (1) that 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. 4 RECEIVING AGENCY Texas State Library Dorman H. Winfrey Typewritten Name Above Director and State Librarian Title Dat Type or print name of local fiscal officer responsible for account into which these funds are to be paid. - 4 , iqgi PERFORMING AGENCY City of Corpus Christi, Corpus Christi Public Libraries By: Signature (Must be an official empowered to enter into contracts) Ernest M. Briones Typewritten or Printed Name Above Acting City Manager Title Date Name of Fiscal Officer Title (Must be an official of the city or county government) ADDRESS TELEPHONE NUMBER ATTEST: City Secretary APPROVED: DAY OF OCTOBER, -198T: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney APPROVED: 2d. sistant ity Manager 5 Corpus Christi, xas 2/ day of , 1981 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 to consideration and voting upon ordinances or resolutions at three regular meetingsII/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, - Council Members - MAYOR - 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 16620