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HomeMy WebLinkAbout020764 RES - 09/05/1989A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE TEXAS STATE LIBRARY FOR A LIBRARY SERVICES AND CONSTRUCTION ACT GRANT IN THE AMOUNT OF $100,000 FOR THE GREENWOOD BRANCH LIBRARY EXPANSION PROJECT; AND APPROPRIATING $49,000 FROM THE LIBRARY TRUST ACCOUNT AND $100,000 IN LIBRARY SERVICES AND CONSTRUCTION ACT GRANT FUNDS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is hereby authorized to execute a contract with the Texas State Library and to execute all related documents for a library services and construction act grant in the amount of $100,000 for the Greenwood Branch Library expansion project, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. That there is hereby appropriated $49,000 from the Library Trust Account and $100,000 in Library Services and Construction Act Grant funds, for the Greenwood Branch Library expansion project, including design consultant services, advertising, printing, construction, furnishings, equipment, inspection, testing, and other related expenditures. ATTEST: iik„Ai;? City Secretary MAYOR APPROVED: id DAY OF 544,f. 1989 HAL GEORGE, CITY ATTORNEY By _ A4tant City Attorney /ORD/AG021.RES/dv CITY OF CORPUS CHRISTI 20764 MICROFILMED -CONT N �1. This= °.`. 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 Vernon's Ann. Civ. St. Art. 5436, Powers and Duties of the Commission, Director and Librarian, and Public Law 98-480, the Library Services and Construction Act. Contract #399.3 T FOR CONSTRUCTION OF A PUBLIC LIBRARY FACILITY I. CONTRACTING PARTIES: The Receiving Agency: Texas State Library and Archives Commission The Performing Agency: City of Corpus Christi, Corpus Christi Public Library 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 constructing a public library facility as approved in the Performing Agency's grant application. The Performing Agency agrees to adhere to all of the program requirements set forth in the grant guidelines. B. The Performing Agency may charge expenditures against this grant only if they are allowable under Title II of the Library Services and Construction Act and/or conform to the grant application budget. Grant funds may not be encumbered after May 31, 1992. By August 31, 1992, all obligations of the grant period must have been paid. A final Outlay Report and Request for Reimbursement for Construction Programs will be submitted to the Receiving Agency and all unexpended grant funds will be returned, or if additional payments are due the Performing Agency, such payments will be forwarded by the Receiving Agency. C. The Performing Agency agrees to audit all funds received under this contract. Such audit shall be conducted in accordance with Office of Management and Budget Circular A-128, Audits of State and Local Governments. The audit will be provided to the Receiving Agency no later than 180 days following the close of the city/county fiscal year. An audit report will be provided for each fiscal year in which grant funds are expended. D. The Performing Agency agrees to notify the Receiving Agency if all of the federal funds awarded under this grant will not be needed. Notification is required when excess funds total 55,000 or 5% of the grant, whichever • is greater. Page 2 of 7 E. The Performing Agency agrees to retain all records, books, or other documents pertaining to the project for a period of five years. Such records shall be accessible to the Receiving Agency, the State Auditor, and the Department of Education or their authorized representatives. All records pertaining to equipment purchased with grant funds must be retained for five years following the date of disposition. F. The Performing Agency certifies that it will comply with the assurances set forth in the Public Library Construction grant application submitted to the Receiving Agency which requested federal and/or state assistance. G. The Performing Agency shall provide the following documents to the Receiving Agency prior to placing the project on bid: 1. A written building program developed with the assistance of a Library Building Consultant (i.e., librarian with a Master's Degree in Library Science from an ALA accredited library school who is experienced in public library building planning). 2. An evaluation of flood hazards in connection with the proposed construction including assurance by the Performing Agency that in so far as practicable uneconomic, hazardous, or unnecessary use of flood plains will be avoided. 3. An assessment of the impact of the proposed construction on the quality of the environment in accordance with Section 102 (2)(c) of the National Environmental Policy Act of 1969 and Executive Order 11514. 4. A description of the relationship of the proposed construction to and probable effect on any district, site, building, structure, or object that is: (a) included in the National Register of Historic Places or (b) eligible under criteria established by the Secretary of Interior for inclusion in the National Register of Historic Places. 5. Statement of compliance with federal statutes and regulations on non-discrimination as defined on HEW Form 441. 6. A statement of certification by a registered architect that the proposed facility will be designed to make it accessible to and usable by the physically handicapped. H. The Receiving Agency will be provided a copy of the tabulation of all bids received with the bid accepted so designated. The Receiving Agency will also be provided a copy of the construction contract or contracts and all contract documents. The construction contract must be signed on or before September 1, 1990. Page 6 of 7 VI. CONTRACT AMOUNT: The total amount of Federal LSCA Funds committed for this contract shall not exceed: 5100,000 One Hundred Thousand Dollars Source of Funds in this Contract: 5100,000 LSCA Title I1, FFY 1989 Carryover 5305,000 Local Matching 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 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. 98-480, and the State Library Plan for operation under the Library Services and Construction Act. RECEIVING AGENCY Texas State Library BY: GS -7; William D. Gooch Typewritten Name Above Director and Librarian Title August 25. 1989 Date C % t— �At1THORIZLI BY 000N"IL s -t 2 .SECRETARY' PERFORMING AGENCY City of Corp S Christi Cor. - Chris i Public ibrar By: Signature' Sl' •et:n official empowered to a ter nto contracts) Typewritten or Printed Name Above L /T`/ /%f?M ft Cite Title yd/7 ApproveDaa.tC as to form: Hat George, City Attnrney As--- Cat), MLA aezy br. Type or print name of local fiscal officer responsible for account into which these funds are to be paid. Jorge Garza Name of Fiscal Officer Director of Finance Title (Must be an official of the Performing Agency) P. 0. Box 9277, Corpus Christi, ADDRESS TX 78479-92/1 (512)880-3610 TELEPHONE NUMBER Page 7 of 7 Type or print name of individual designated as the person entrusted with the safekeeping of the property acquired with grant funds. (If applicable) Herbert G. Canales Name of Property Manager Diractor of Libraries Position of Property Manager 805 Comanche, Corpus Christi, TX ADDRESS 78401 (512)880-7070 TELEPHONE NUMBER CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) August 28, 1989 I certify to the City Council that $ 49,000 , the auount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name 111 -Trust Fund Project No. 111-000-243.05-000 Project Name Library Trust Account Greenwood Branch Library Construction Project from which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 �N,zta�, 19310 The above resolution Betty N. Turner David Berlanga, Sr. Leo Guerrero Tom Hunt Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing, Jr. 99.066.01 Corpus Christi, Te as 5 day of was passed by the following vote: ac -pc 20764 1986-1 Page 3 of 7 I. The Performing Agency agrees to display, at the construction site, a sign stating that Federal funds provided under the Library Services and Construction Act are being used for this project. If a plaque is placed in the completed building indicating the date of completion and source of funds, the Performing Agency will note on the plaque that funds were provided under the Act. J. The Performing Agency certifies that all local matching funds listed in the grant application will be expended for the proposed project. K. When procuring equipment, construction, or other services with grant funds, the Performing Agency shall comply with all of the procurement procedures detailed in the Uniform Grant and Contract Management Standards for State Agencies. L. The Performing Agency agrees to obtain the specific written approval of the Receiving Agency prior to expending grant funds for the purchase of equipment or when sub -contracting any part of this grant. M. The Performing Agency agrees to maintain inventory records of all non - expendable personal property purchased with grant funds having a unit acquisition cost of $300 or more and to conduct inventories of such property in accordance with the Uniform Grant and Contract Management Standards for State Agencies. The Performing Agency further agrees to report all property purchased with grant funds which cost 5300 or more to the Receiving Agency on the Form TSL 51-12, "Property Inventory Record," by August 31, 1992. N. The Performing Agency shall have or obtain a full title or other interest in the site, including right of access, that is sufficient to insure the undisturbed use and possession of the facility for 20 years or the useful life of the facility, whichever is longer. 0. The Performing Agency shall insure that the construction is functional, economical, and not elaborate in the use of materials, compared with facilities of a similar type constructed in the State or other geographical area. It will comply with the standards under the Occupational Safety and Health Act of 1970 in planning for and designing the facility. P. The Performing Agency shall observe the Life Safety Code, National Fire Protection Association publication No. 101 and state and local codes which have been certified as exceeding the Life Safety Code. Q. The Performing Agency assures that the building will, to the extent feasible, make efficient use of energy and that it will comply with Standard 90-75 of the American Society of Heating, Refrigerating, and Air Conditioning Engineers in designing and constructing the facility. R. The Performing Agency must secure the approval of the Receiving Agency if there is a material change in approved space utilization or functional layout. Page 4 of 7 S. The Performing Agency will assume responsibility for insuring compliance by sub -contractors with construction contract conditions including the assurance that contractors comply with Federal contract conditions related to labor standards and equal employment. T. The Performing Agency agrees to submit quarterly expenditure reports on the SF 271, Outlay Report and Request for Reimbursement for Construction Programs, until the proposed facility is completed. U. The Performing Agency affirms that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. The Performing Agency further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors or parties to subagreements. V. The Performing Agency agrees to comply with the terms and conditions of this contract and acknowledges that failure to comply can result in grant suspension. Suspension shall be effective fifteen (15) days after receiving written notification from the Receiving Agency. During the suspension, the Performing Agency shall be reimbursed for those costs which cannot be reasonably avoided provided they are allowable under the grant agreement. W. The Contracting Parties may terminate this contract by giving written notice at least (30) days prior to the effective dates of such termination. Termination procedures shall adhere to the Uniform Grant and Contract Management Standards for State Agencies. X. The Performing Agency shall administer this grant in accordance with the Uniform Grant and Contract Management Standards for State Agencies which shall be considered a part of this contract. This grant is also subject to federal regulations contained in Title 34 CFR 76; 34 CFR 80; and 34 CFR 770. 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 an Outlay Report and Request for Reimbursement for Construction Programs submitted by the Performing Agency on Form SF 271. 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 S250 per request. IV. TERM OF CONTRACT: This Contract is to.begin September 1, 1989 and shall terminate August 31, 1992. V. BASES FOR CALCULATING REIMBURSABLE COSTS: Architectural Engineering Basic Fees Construction and Project Improvement Equipment TOTAL PROJECT AMOUNT Page 5 of 6 $ 25,000 305,000 75,000 $ 405,000 Funds may be transferred to cost categories not established in this contract only if prior authorization is obtained from the Receiving Agency. This provision does not allow the total amount of Federal funds to be exceeded. The use of Federal funds for payment of contingencies is unallowable. Therefore, contingencies may be paid only from local matching funds. ALLOWABLE COSTS UNDER TITLE II GRANTS The following costs may be paid from LSCA Title II funds in accordance with the Library Services and Construction Act: a. Erection of new buildings to be used for public library facilities. b. Expansion, remodeling, and alteration --as distinguished from maintenance and repair --of existing library buildings or buildings to be used for public library purposes. c. Expenses --other than interest and the carrying charges on bonds --related to the acquisition of an existing building or of land on which there is to be construction of new buildings or expansion of existing buildings to be used for public library buildings. These expenses are allowable if they were incurred three years prior to date on which the Texas State Library approved the project. To be allowable, the expense must constitute an actual cost or transfer of public funds in accordance with the usual procedures of the local government. d. Site grading and improvement of land on which these facilities are located. e. Architectural, engineering, and inspection expenses incurred after site selection. f. Expenses related to the acquisition and installation of initial equipment to be located in a public library facility. This equipment includes all necessary building fixtures and utilities, office furniture, and public library equipment. An applicant may not include the cost of books or other litrary materials.