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HomeMy WebLinkAboutC2005-126 - 3/23/2005 - NAINTERLOCAL COOPERATIVE AGREEMENT BE'I'VVEEN THE CITY OF CORPUS CHRISTI AND DEL MAR COLLEGE TO PROVIDE SMALL BUSINESS ASSISTANCE AND ADMINISTRATION This intedocal 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"), and Del Mar College District, (called the "College" herein), a 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 the date the agreement is executed by all parties and terminates one year from the beginning date, 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 · Assistance with business plans · Assistance with loan package preparations Del Mar College District 2005-126 03/23/05 · Seminars and workshops on a wide variety of business topics, including, but not limited to, legal and accounting issues · Assistance to women, Iow-income and minodty entrepreneurs including credit counseling, personal finance management counseling, small business management and loan packaging · Outreach activities to inform women, Iow-income and minodty 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 Chdsti 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 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 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, and falling under the Director of the S BDC 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, Iow-income, and minority entrepreneurs, business owners, and other individuals possessing the capacity to operate successful business concems. 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 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 Accibn 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 starting August 1, 2005. The Hispanic Contractors Association, the Black Chamber of Commerce, Acci0n Texas and the Westside Business Association will be tenants of the College and the lease or use costs are included in the amount referenced in section 3.02 to be paid by the city. All leases or use agreements 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 no obligation on the part of the College to extend an offer of 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 pedod, 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 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 1966 (12 U.S.C. 1701u)("Section 3.") 3 2.07 Each party to this agreement agrees to notify the other par[y in advance of any significant changes affecting the notifying party's ability to provide the Services or space covered by this agreement. Notice will be provided in wdting 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 Iow to moderate income persons, including section 3 residents, as provided under 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 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 Intedocal Agreement, for the purpose of making audit or examination. 2.11 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 on the date of the execution of this agreement by all parties, the City shall pay the College $13,721 per month for the Services provided under this Agreement. These payments shall be full 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 The 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 wdtten 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 Intedocal Cooperative Act, Chapter 791 of the Texas Government Code ("lntedocal 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 wdting 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. 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: President Del Mar College 101 Baldwin Corpus Christi, Texas 78404 5 NOTICE TO CITY 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 Xl. MISCELLANEOUS 9.01 Waiver. Nowaiverofanybreachofanyterm, orconditionofthisAgreement, 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 pdor 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 Intedocal Cooperative Act. The parties agree that activities contemplated by this Agreement are "governmental functions" and services that the parties are "local government" as those terms are defined in the Intedocal Cooperation Act. 9.05 Governing Law and Venue. This Agreement shall be govemed by and 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 underthis Agreement, the College must obtain pdor wdtten approval from the City. In consideration of the mutual covenants stated in this Agreement, the parties bind themselves to this Agreement. 6 CITY OF CORPUS CHRISTI By: ~4/~% George K. Noe City Manger DEL MAR COLLEGE Gabriel Rivas III, President Del Mar College Board of Regents ATTEST:/~-~, AB rYr~a nd o/(~h~ City Secretary Date: ~'~'~ Chris Adler, Secretary Del Mar College Board of Regents Date: Approved as to form only this ~D-day of i',4¢~t.Z. 2005. Lisa Aguilar Assistant City Attorney For City Attorney