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.