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.")
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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
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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.
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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