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