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HomeMy WebLinkAbout026684 RES - 03/21/2006RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND DEL MAR COLLEGE TO PROVIDE SMALL BUSINESS ASSISTANCE AND ADMINISTRATION THROUGH AUGUST 31, 2006. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute an Interlocal Cooperation Agreement with Del Mar College to provide small business assistance and administration through August 31, 2006. A copy of the agreement is attached. ATTEST Armando Chapa City Secretary APPROVED: March 16. 2006 Lisa Aguilar Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI en ry G . rett Mayor O2Ffi84 Lisa Aguilar CITY IN J ERLOCAL AGREEMENT wpd Page 1 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND DEL MAR COLLEGE TO PROVIDE SMALL BUSINESS ASSISTANCE AND ADMINISTRATION This interlocal cooperative agreement ( "Agreement ") is between the City of Corpus Christi. Texas (the "City "), a home rule municipal corporation organized under state law, with offices located at 1201 Leopard, Corpus Christi Nueces County, Texas 78401, acting through its City Manager or the City Manager's designee ( "City Manager"), Del Mar College District, (called the "College" herein), political subdivision of the State of Texas, which is located at 101 Baldwin Corpus Christi, Nueces County, Texas, 78404. In consideration of the promises and obligations contained in this agreement the College and the City agree as follows: SECTION I. TERM 1 01 The term of this agreement begins on March 22, 2006 and ends August 1 2006, unless terminated as provided in this agreement. SECTION II. COLLEGE OBLIGATIONS 2 01 The College, by and through the Small Business Development Center (called "SBDC" herein), will provide the following services ( "Services ") to businesses in the City of Corpus Christi who register with the SBDC including, but not limited to Free Counseling on all procurement matters Assistance with bid documents Assistance in obtaining contract financing Networking opportunities with area procurement personnel Help in developing and meeting subcontracting goals Access to Federal Acquisition Regulations Seminars and workshops on a wide variety of procurement topics Assistance in developing and implementing quality controls Access to bid packages, plans, and specifications Access to F.W. Dodge reports for the South Texas area Access to PT @SSIST Bid matching system Lisa Agu Iar CITY INTERLOCAL AGREEMENT wpd Page 2 Assistance with business plans Assistance with loan package preparations Seminars and workshops on a wide variety of business topics, including, but not limited to, legal and accounting issues Assistance to women, low- income and minority entrepreneurs including credit counseling, personal finance management counseling, small business management and loan packaging Outreach activities to inform women, low- income and minority entrepreneurs of services available 2 02 The position of Outreach Counselor. This position will be funded by the City under this Agreement and will be a full -time College employee, subject to the personnel policies and requirements of the College, and falling under the supervision of the Director of the SBDC or a designee of the Director of the SBDC (Director). This position shall not be a City employee for any purpose. The purpose of the position is to provide historically underutilized businesses information about the services available at the College SBDC. The position may be assigned up to 30 hours a week at remote locations (including the Corpus Christi Hispanic Chamber of Commerce) off the College Campus for the purpose of fulfilling outreach responsibilities: and any other duties as assigned by the Director of the SBDC (Small Business Development Center). Nothing herein is intended to create a contract of employment and it is the intention of both the City and College that employment is on an "at will" basis. Furthermore, should this Agreement terminate, it is understood by the City and the College that there is no obligation on the part of the College to extend an offer of for further employment for this position. 2 03 The position of an Administrative Assistant. This position will be funded by the City under this Agreement and will be a part-time College employee, subject to the personnel policies and requirements of the College, and falling under the supervision of the Director of the SBDC or a designee of the Director of the SBDC (Director) This position shall not be a City employee for any purpose. The purpose of this position is to assist the SBDC with administration of programs: and any other duties as assigned by the Director. This will be a part time position. Nothing herein is intended to create a contract of employment and it is the intention of both the City and College that employment is on an "at will" basis Furthermore, should this Agreement terminate, it is understood by the City and the College that there is no obligation on the part of the College to extend an offer of for further employment for this position. 2 04 The position of MicroLoan Program Administrator. This position will be funded by the City under this Agreement and will be a part-time College employee, subject to the personnel policies and requirements of the College, Lisa Agu!lar CITY INTERLOCAL AGREEMENT wpd Page 3 and falling under the Director of the SBDC or a designee of the Director of the SBDC (Director). This position shall not be a City employee for any purpose. The purpose of this position is to provide assistance to women, low- income, and minority entrepreneurs, business owners, and other individuals possessing the capacity to operate successful business concerns. This assistance includes, but is not limited to, loan package preparation for private sector financing under $35,000.00. credit counseling; personal financial management counseling; small business management: and any other duties as assigned by the Director. Nothing herein is intended to create a contract of employment and it is the intention of both the City and the College that employment is on an "at will" basis. Furthermore, should this Agreement terminate, it is understood by the City and the College that there is no obligation on the part of the College to extend an offer of for further employment for this position. 2 05 Subject to the execution of separate lease or use agreements, space shall be arranged by the College for two Accion Texas employees; reception personnel, conference and training space, and a plan room starting as soon as possible after the execution of this agreement by all parties. Subject to the execution of separate lease or use agreements, space will also be made available to the Hispanic Contractors Association, the Black Chamber of Commerce and the Westside Business Association. The Hispanic Contractors Association, the Black Chamber of Commerce, Accion Texas and the Westside Business Association will be tenants of the College and the lease costs are their rent is included in the amount referenced in section 3.02 to be which is paid by the city. All leases entered into under this Agreement will be subject to the terms of this Agreement and space availability. Furthermore, should this Agreement terminate, it is understood and agreed by the City and the College that there will be is no obligation on the part of the College to extend an offer of for further tenancy to these organizations. Copies of any lease or use agreements entered into under this Agreement will be provided to the City. The College and the City further agree that the College has no obligation to provide space to any other organization in the event that the lease of one or all of the listed associations (Hispanic Contractors Association, the Black Chamber of Commerce, Accion Texas, and the Westside Business Association) is terminated for any reason. Accion Texas. Hispanic Contractors Association, Black Chamber of Commerce, and Westside Business Association will provide their own furniture and equipment at their expense, and as an express condition of their lease or use agreement, will be required to maintain sufficient insurance (as determined by the College) covering the College. 2.06 The SBDC will provide monthly reports including number of clients assisted during the period, hours of Services provided, jobs created. The SBDC will provide an annual action plan including timelines of activities defined in 2.01 of this contract and provide monthly reports that include the number of jobs Lisa Aguilar CITY INTERLOCAL AGREEMENT wpd Page 4 created in Corpus Christi, number of jobs created for section 3 residents, number of businesses created, number of section 3 businesses created, reports relating to city contract awards, and number of Renewal Community (Census Tracts 1, 3, 4, 5, 7, 10, 11 13, 35, and 50) business assisted and jobs created through these businesses. Other reports may be available upon request. Section 3 is defined at Section 3 of the Housing and Urban Development Act of 1968 (12 U S.C. 1701u) ( "Section 3 ") . 2 07 Each party to this agreement agrees to notify the other party in advance of any significant changes affecting the notifying party's College's ability to provide the Services or space covered by this agreement. Notice will be provided in writing as soon as possible. 2 08 The College, by and through the SBDC, agrees to provide Services as defined herein to businesses and section 3 businesses for the purpose of creating and retaining new full -time permanent jobs for low to moderate income persons, including section 3 residents, as defined in 24 C.F.R. Section 570.209 as amended. Failure to meet this requirement shall obligate the College to repay, upon 30 days written notice. the funds paid under this agreement. 2 09 Each party to this agreement The College agrees to comply with all applicable Federal, State and local laws and regulations, including, but not limited to, 24 C F.R. Section 570, . et seq. 2 10 The College, by and through the SBDC, agrees to maintain financial records, program and support documents, and statistical records for a minimum of five years after the termination of this Agreement. The SBDC shall provide the City Manager or his designee or a duly authorized representative of the City to any books, documents, papers, and records pertinent to the services provided under this Interlocal Agreement. for the purpose of making audit or examination. 211 The SBDC shall be open for operation in accordance with hours designated by Del Mar College SECTION III. CITY OBLIGATION 3 01 The City shall make all city construction projects and plans available, at no charge. to the College for purpose of allowing historically underutilized businesses access to contracting and subcontracting opportunities. 3 02 Beginning April 1, 2006, the City shall pay the College $13,721 per month for the Services provided under this Agreement. These payments shall be full Lisa Aguilar CITY iNTERLOCAL AGREEMENT wpd Page 5 compensation to the College for Services provided under this Agreement and positions funded under this Agreement. 3 03 If this Agreement is terminated, the consideration paid to College will be apportioned according to the months College actually performed Services under this Agreement. SECTION IV. INDEPENDENT CONTRACTOR 4 01 These parties to this Agreement agree that the Services to be delivered by each for the benefit of the other and the carrying out of the terms of this Agreement in no way establish a joint venture or partnership between the parties. The parties are each independent contractors providing the Services that may be required of them under the terms of this Agreement. SECTION V. CONTINGENT FUNDING 5 01 This Agreement is contingent upon the availability of City and College funds for this Agreement and if such funds become unavailable during the term of this agreement. this Agreement may be terminated upon provision of notice as required in Sections VI and VII. Furthermore, if space is not available or become unavailable as determined by the College, then this Agreement will terminate upon 30 days written notice of space unavailability. Any payment made by the City or College for any of the cost or expenses that either incurs pursuant to this Agreement shall be made out of current revenue available to the paying party as required by the Interlocal Cooperative Act, Chapter 791 of the Texas Government Code ( "Interlocal Cooperative Act "). SECTION VI. TERMINATION 6 01 Either party has the right to terminate this Agreement with or without cause upon 30 days' prior written notice. Notice of termination must be in writing and sent by certified mail not less than thirty (30) days prior to the date of termination to the other party at the official address listed in this Agreement. After this Agreement is terminated, the College, by and through the SBDC, will provide a final accounting to City of all expenditures and revenues pursuant to this Agreement and as may be required by Federal regulations within sixty (60) days of such termination Lisa Aguia CITY INTERLOCAL AGREEMENT wpd Page 6 SECTION VII. NOTICE 7.01 The parties agree that all notices shall be given to the respective parties at the following locations: NOTICE TO COLLEGE NOTICE TO CITY President Del Mar College 101 Baldwin Corpus Christi, Texas 78404 City Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 -9277 SECTION VIII. LIABILITY 8.01 The parties to this Agreement agree and acknowledge that they will use their best efforts to perform the obligations agreed to in this Agreement. The parties acknowledge that the liability, if any, of either party to the other for personal injuries, losses, claims or demands caused by acts or omissions, if any, of the other party shall be as prescribed by the laws of the State of Texas. SECTION XI. MISCELLANEOUS 9 01 Waiver. No waiver of any breach of any term, or condition of this Agreement, shall be construed to waive any subsequent breach of the same. 9 02 Assignment. This Agreement may not be assigned to any third party without the prior written consent of the other party. 9.03 Warranty. This Agreement has been officially authorized by the governing body of each party. Each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective party to this Agreement. 9.04 Interlocal Cooperative Act. The parties agree that activities contemplated by this Agreement are "governmental functions" and services that the parties are ' focal government" as those terms are defined in the Interlocal Cooperation Act. 9 05 Governing Law and Venue. This Agreement shall be governed by and Lisa Aguilar CITY INTERLOCAL AGREEMENT wpd Page 7 construed in accordance with the laws of the State of Texas. Venue for any dispute under this Agreement shall be in the courts of Nueces County, Texas. 9 06 Entire Agreement. This Agreement contains the entire agreement of the parties and cannot be amended except in writing signed by the authorized representatives of the parties. 9 07 Subcontractors. Before using subcontractors to perform Services under this Agreement, the College must obtain prior written approval from the City. In consideration of the mutual covenants stated in this Agreement, the parties bind themselves to this Agreement. CITY OF CORPUS CHRISTI DEL MAR COLLEGE By By'. George K. Noe, City Manager Mr. Gabriel Rivas III, President Del Mar College Board of Regents Date Date ATTEST By Armando Chapa City Secretary Approved as to form only this day of 2006 By: Lisa Aguilar Assistant City Attorney For City Attorney Corpus Christi, Texas 2\164- Day of il\ N , 2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison John E. Marez Jesse Noyola Mark Scott