HomeMy WebLinkAboutC2006-599 - 10/31/2006 - ApprovedINTERLOCAL COOPERATIVE AGREEMENT BETWEEN CITY OF CORPUS CHRISTI
AND DEL MAR COLLEGE TO PROVIDE SMALL BUSINESS ASSISTANCE &
ADMtNiSTRATiON
This it~terlocal cooperative agreement ("Agreement") is between the city of Corpus
Christi, Tex~s (the "City"), a home rule municipal corporation organized under state law,
with a~Fices t~cated at 12~1 Leopard, Corpus Christi Nueces County, Texas 78401,
acting throu9h its City Manager or the City Manager's designee ("City Manager"), and
Del N4er Cal~ge District, by and through the Small Business Devetopment Center
{called the "College" herein), a state funded junior college which is located at 101
Baldv~n, Ca•pus Christi, Nueces County, Texas, 78404.
Whereas, Del Mar College ("College" or "SubrecipienY') and the City of Corpus Christi
("City') entered into an lnterlocal Cooperative Agreement to Provide Small Business
Assis~ance and Administration dated March 22, 2005 ("Agreement");
Whersas, the parties executed Addendum No. One to the Agreement to extend the term
to Aupust 31, 2006, by Addendum dated April 27, 2006;
Whe~as, ~150,000 was authorized by City Council for FY 2006 Del Mar College Smatl
Busir~ess Development Center
WherrRas, on October 31, 2006, by Motion 2006 ~~ City Council authorized the City
Mana~er to amend the Agreement to include additional carryover amount of
apprc~ccimai~ly $21,901 from the FY 2005 Community Development Block Grant
Progrem to provide small business assistance and administration for FY 2006;
Now, therefiore, in consideration of the promises and obligations contained in this
agresiment the College and the City agree as follows:
SECTION 1
TERM
1.01 The term of this Agreement begins on September 1, 2006 and terminates on
August 31, 2007, ur~ess terminated as provided for in the Agreement.
SECTION ll.
COLLEGE OBLIGATIONS
2.01 The Gtallege, by and through the Small Business Deveiopment Center (called
"SBD~C'" het~ein), will provide the foliowing services ("Services") to businesses in the City
of Cdpus Christi who register with the SBDC including, but not limited to:
2.011 Free Counseling on all procurement matters
2.U12 Assistance with Interpretation of bid documents
2.013 Assistance in obtaining contract financing
2.()14 Networking opportunities with area procurement personnel
2006-599
10/31/06
~2oo6-3as
Del Mar ('ollege
~ .~ _ _~_ ~....,.
~.015 Heip in developing and meeting subcontracting goals
2.Old Access to Federal Acquisition Regulations
L.017 Seminars and workshops on a wide variety of procurement topics
2018 Assistance i~ developing and implementing quality controls
2.019 Access to bid packages, pians, and specifications
2.020 Access to F.W. Dodge reports for the South Texas area
2.021 Access to PT~SSIST Bid matching system
2.022 Assistance with business plans
~.023 Assistance with loan package preparations
2.U24 Seminars and workshops on a wide variety of business topics, including,
but not limited to, tega! and accounting issues
2.025 Assistance to women, low-income and minority entrepreneurs including
credit counseling, personal finance management counseling, small business
man~ement and loan packaging
2.026 Outreach activities to inform women, low-income and minority
entr~preneurs of services available
2.027 Access to First Step Fast Trac, an educational hands on program
that provides attendees with opportunity to evaluate and perfect their
idea~ in supportive environment. _
2.02 The position of Outr~ach Counselor. The full-time Outreach Counselor will market the
Cents~'s s~rvices to historically underutilized businesses (HUB) within the Corpus Christi area.
The Qutreach Counselor will act as an initial point of contact for this demographic, and will also
provide new resources and immediate counseling opportunities to meet the business needs of
traditi~anally underserved communities in Corpus Christi. Additionally, the Outreach Counselor
will conduc~ off-site training workshops and informational presentations in both English and
Spar~ish for area business owners. The current outreach specialist is proposed to continue in
this p~sition with the additional responsibilities to take effect with the new contract on
Sept~nber 1, 2006. This position will be funded by the City and will be a full-time College
employee, subject to the personnel policies and requirernents of the College, and falling under
the supervision of the Director of the SBDC or a designee of the Director of the SBDC
(Direetvrl Nothing herein is intended to create a contract of employment and it is the
inten~on of both the City and Callege that employment is on an "at will" basis. Furthermore,
shouk! this Agreement terminate, it is understood by the City and #he College that there is no
obiig~tion on the part of the College to extend an offer of for further employment for this
positi~n.
2 03 The position of an Administrative Assistant. This position will be funded by the
City and will be a part-tirne College employee, subject to the personnel policies and
requirements of the Collage, and reporting to falling under the supervision of the
Direc~tor of the SBDC or a designee of the Director of the SBDC (Director). The purpose
of #hi~e posi~ion is fio assist the College SBDC with administration of programs; and any
other duties as assigned by the Director. This will be a part time position. Nothing
herein is ir~fiended to crea#e a contract of employment and it is the intention of both the
City and College that employment is on an "at wi11 basis. Furthermore, should this
Agreement terminate, it is understood by the City and the College that there is no
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obliga~on on the part of the College to extend an offer of for further employment for this
positian.
2.04 The position of Microtoan Counselor - The 3/4 time Microloan Counselor will meet
primar~y with individuals who are pursuing loans under $50,000 to either start or expand
a business. This counselor will work with HUB cfients to ensure that they have the
capita~ or tec#~nical assist~ce they need to run their business, and will also provide
trainir~ worlcshops in both English and Spanish. This person is particularly key in
coordinating activity between the Center and micro-lenders such as Accion, Innovative
Bank, BLX ~nd others. (Position proposed to be funded at a minimum "counselor" level
of $35,000 ~ 3/4 time. ) Position is presently vacant, but advertisements were based on
the rerised job description above. This position will be funded by the City and will be a
part-time College employee, subj~ct to the personnel policies and requirements of the
Colieg~e, and reporting to falling under the Director of the SBDC or a designee of the
Direc~r of the SBDC (Director). Nothing herein is intended to create a contract of
emplayment and it is the intention of both the City and the College that employment is
on an "at wili" basis. Furthermore, should this Agreement terminate, it is understood by
the C~#y and the CoHege that there is no obligation on the part of the College to extend
an offer of far further employment for this position.
2.041 The Position of a part-time industry expert. This position will be a part-time
cons~tant, and will be contracted by the College before the end of 2006. This position
will provide detailed assis#ance including interpretation of plans, drawings, and
speci~icatio~rs. Additionaliy, this person wifl provide detailed bid assistance services
utilizir~g a brand new web-based billboard for small contracting opportunities under
$25, ODO.
2.042 The fiollowing posi~ons are funded through the College and are used in support
of services provided unde~ this Agreement:
A. The position of Certified Business Advisor(s). Certified Business Advisors
counsel clients on all business matters including recordkeeping, marketing,
business planning, loan packaging, feasibility studies, financial management,
hu+~n resource rnanagement, etc. Additionally, all Business Advisors participate
in and coordinate workshops, seminars and conferences throughout the year.
The position(s) of Certified Business Advisor(s) are funded by the College.
B. The position of Contracting Assistance Specialists. Contracting Assistance
Specialists counsel clients on all procurement matters including interpretation of
bid ~cuments, ota~aining contract financing, access to Federal Acquisition
Re~lations, deve{oping and implementing quality controls, etc. Additionally,
Contracting Assistance Specialists participate in and coordinate procurement
seminars and cor~erences throughout the year. These positions are funded by
the College_
C. The position of Training Coordinator. The Training Coordinator plans,
organizes, supports and faciiitates over 75 workshops every year, including finro
major conferences which are conducted in conjunction with local Congressional
Representatives. The training coordinator also acts as the initial point of contact
for the center. Clients are then assigned to the appropriate counselor for one-
on-one assistance which meets their needs. These positions are funded by the
College.
2.05 Subject to the execution of separate lease or use agreements, space shall be
arran~ed by the College for two Accibn employees; reception pecsonnel, conference and
trainir~ spaoe, and a plan room starting as soon as possible after the execution of this
agreemen# by all parties Subject to the execution of separate lease or use agreements,
space will also be made available to for the Black Chamber of Commerce and the
West~de Business Association. The Black Chamber of Commerce, Accion and the
West~de Business Association will be tenants of the College and the lease or use costs
are included in the amourrt referenced in sedion 3.02 to be paid by the City. All leases
or uss agresments entered into under this Agreement will be subject to the terms of this
Agre~nent and space av~ilability. Furthermore, shouid this Agreement terminate, it is
undet~tood and agreed by the City and the College that there will be is no obligation on
the part of ttte College ta extend an offer of for further tenancy to these organizations.
Copi~ of any lease or use agreements entered into under this Agreement will be
provic#ed to the City. The College and City further agree that the Col{ege has no
obliga~ion to provide space to any other organization in the event that the lease of one
or all of the iisted associations (the Black Chamber of Commerce, Accion Texas and the
Westside B~siness Association) is terminated for any reason. Accion Texas, Black
Charrrber 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 ~reement, will be required to maintain sufficient insurance (as determined by the
Colle~e) covering the College.
2.06 The College through the SBDC agrees to provide monthly reports including
number of ciients assisted during the period, hours of Services provided, jobs created.
The Golle~ through the SBDC agrees to provide an annual action plan including
timel~es of aetivities 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 res~lents, number of businesses created, number of section 3 businesses created,
reports relating to city contract awards, and number of Renew~l Community (Census
Tracts 1, 3, 4, 5, 7, 10, ~ 1, 13, 35, and 50) business assisted and jobs created through
these businesses_ Other reports may be available upon request.
2.07 Each party to this agreement agrees to notify the other party 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 writing to the city as soon as
poss~le.
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2.08 The College, by ar~ through the SBDC, agrees to provide Services as defined
t~erein 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 provided under 24 C. F R. Section 570.209 as amended. Present
minirrt~m requirements indicate one job created or retained for every $35,000 of funding
(five (5) jobs created or retained at current funding level). Failure to meet job creation
or rettntion requirements under 24 C.F.R. Section 570.209 as amended shall obligate
the College to repay, upon 30 days written notice, the funds paid under this agreement.
Additi~nally, the College has, in good faith, established a goa/ to create and or retain at
{east 15 new full-time permanent jobs for low to moderate income persons during the
term of this Agreement.
2.09 ~aehrpartptcthis ~~gT~t~i~rnt The College agrees to comply with all appticable
Federal, Sta#e and local laws and regulations, including, but not limited to, 24 C.F.R.
Seetian 57Q, et seq.
2.10 The Coilege, by and through the SBDC, agrees to maintain financial records,
program arui support documents, and statistical records for a minimum of five years
after ~e termination of this Agreement. The SBDC shall provide the City Manager or
his d~signe~ 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 th~ purpose of making audit or examination.
2.19 The SBDC shall be open for operation in accordance with hours designated by
Del IU~r Cc~i~ge.
2.12 Expa~sion of plan room. This Agreement includes expansion of a state of the art
government plan room. The plan room contains access to bid packages, plans and
speci~catiorts from City, County, State and Federal governmental entities. Additionally,
clienfis have access to bid-matching programs such as F.W. Dodge reports for the
South Texas area and PT~SSIST bid matching system. Expansion plans include
acce~ to tFte BXTX program via computer workstations, intemet access, counselor
assis~ance with a new local web-based billboard for small contract postings under
$25, 0~?0.
2.13 lnformation and R~orts. The Subrecipient shall provide any information,
repor~s, da~, and forms ~rtinent to this Agreement as the Administrator or staff of City
Comrr~unity Development Department may, from time to time, request for the proper
admir~strat~on of this Agreement. Additionally, Subrecipient shall adhere and comply
with tF-e repc~rting requirements mandated for the Performance Measurement System
fPMS) administered by the City as a condition of receiving funds under this Agreement.
2.14 The College shall complete the attached exhibits pertaining to Community
Deve~pment Block Grant Compliance affidavit and Certification Regarding Lobbying.
SECTION III.
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CITY OBLIGATION
3.01 The City shall make ali city construction projects and plans available, at no
charc,~a, to t#~ College for purpose of allowing historically underutilized businesses
acce~s to contracting and subcontracting opportunities.
3.02 The City shall pay the College $ 14,325.09 per month for the Services provided
under this AQreement for FY 2006. These payments shall be full campensativn to the
Col(eQe for Services provided under this Agreement and posi#ions funded under this
Agreement.
3.03 If this Agreement is terminated, the consideration paid to College will be
appor#ioned according to #he months College actually perFormed Services under this
Agre~nent,
SECTION IV.
INDEPENDENT CONTRACTOR
4.01 These parties ent~ing into this Agreement agree that the Services to be
delivered by each for the benefit of the other and the carrying out of the terrns of this
Agre~ment in no way est~lish a joint venture or partnership befinreen the parties. The
partie~ are each indepenc~nt contractors providing the Services that may be required of
them trnder the terms of this Agreement.
SECTION V.
CONTINGENT FUNDING
5.01 This Agreernent is contingent upon the availability of City and College
funds and space for this Agreement and if such funds or space cease or become
unavailable during the term of this agreement this Agreement may be terminated upon
provi~ion of notice as required in Sections VI and VII. Any payment made by the City or
Colle~e for any of the cost or expenses that either incurs pursuant to this Agreement
shall ~ m~ out of current revenue available to the paying party as required by the
Interlt~al Ct~operative Act, Chapter 791 of the Texas Govemment Code ("Interlocal
Cooperative Act").
SECTION VI.
TERMINATION
6.01 Eithar party has the right to terminate this Agreement with or without cause upon
30 d~rs' pricx' written notice. Notice of termination must be in writing and sent by
certifr~! ma~il not less than thirty (30) days prior to the date of termination to the other
party at the ofFcial 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
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expenciitures and revenues pursuant ta this Agreement and as may be required by
Fede~^al re~lations within sixty (60) days of such termination.
SECTION VII.
NOTICE
7.01 The p~rties agree that all notices shall be given to the respective parties at the
foliow~ng locations:
NOTfCE TO COLLEGE
NOTI~E TO CITY:
Vice President - Business and Finance
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 perties to this Agreement agree and acknowledge that they will use their
best ~i~fforts tfl perform the obligations agreed to in this Agreement. The parties
acknvwledg~ that the liab~ity, ifi any, of either party to the other for personal injuries,
losse~, clai~ts 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 Waiv~r. No waiver of any breach of any term, or condition of this Agreement,
shall ~e construed to wa~ve any subsequent breach of the same.
9.02 Assi~ment. 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 goveming body
of each party. Each sign~ory to this Agreement guarantees and warrants that the
signa~ry has full authority to execute this Agreement and to legally bind their respective
party ~o this Agreement.
9.04 Interlocal Coopera#'tve Act. The parties agree that activities contemplated by this
Agreament are "governm~ntal functions" and services that the parties are "local
government" as those terms are defined in the Interlocal Cooperation Act.
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9.05 Governing Law and Venue. This Agreement shall be governed by and construed
in acoordance with the laws of the State of Texas. Venue for any dispute under this
Agre~nent 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 Subccmtra~tors. Before using subcontractors to perform Services unde~ this
Agre~nent, the Coilege must obtai~ pnor written approval from the City.
In cor~ider~ion of the mutual covenants stated in this Agreement, the parties bind
thems~elves to this Agreement.
CITY CORPUS CHRISTI
By:
L
George K. Nae
City Mang~r
~4
Date: , 'I ,;~ ~ z ~. ~ ~ ~'~ c
~
DEL OLL /
By: ~ ~,..
~~
Carlos A. Garcia, PhD
President Del ar olleg ~
Date: ~' ,~~ ~ao
ATTEST
By: '
Arma~do Ghap
City S~ecret~y
ATTEST
By. ~..-
Joe L. Ala i
Vice Presi nt - Busin s and Finance
~
Approved as to form this ~ day of M~ 2007
a~"' ~~ ~
ey: ~
,
Lisa A~guilar ;
Assis~ant City AttbFney
Approved as ~p form only~tl'Sis the
By
Lisa ~uil~, As ' t t City Attorney
For C~y Attor y
,~'
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~F{;G~Z~
day of , 2006
8
EXHIBIT
CDBG COMPLIANCE AFFIDAVIT
STATE UF TEXAS §
§
COUN"~'Y OF NUECES §
D8t@: M~rr_h " ~' )0?
KNOW ALL BY THESE PRESENTS:
Affiant: n~ ~~ar ~ ~l ~ PaP
Community Development Block Grant Subrecipient
A~ant, on oath, swears the foflowing statements are true:
(, Ann ~'ierova , am the f~i rector, Small Rusiness Dev. Center ~tit~G'~
of n~~ r-7~r col~~a~ a Texas nonprofit corporation, which
has applied for and been awarded Community Development Block Grant (°CDBG")
Progr~ funds administered by the City of Corpus Christi ("City"). Prior to the start of
the project for which CDBG funds have been awarded, as the representative of the
above-nameci subrecipient organization ("Subrecipient"), I met with City staff and
receiv~+ci copies of the following Federal rules and regulations:
OMB Circular A-110 24 CFR 85.43 and 85.44
OMB Circular A-122 24 CFR 570.2n0, 500, and 600 et. seq.
OMB Circular A-133 49 CFR Part 24, 24.101-24.104
24 CFR Part 84
By exe~cution of this affidavit, I attest that I have received the above-listed Federal rules
and r~latians, City staff has explained the rules and regulations, and I understand the
SubreaipienYs obligations of pertormance under the rules and regulations.
Furth~rnore, I acknowledge that there may be additional Federal rules and regulations,
beyond the rules and regulations listed above, to which the Suk~L,ecipient may be subject
and wi~ which the Subreapient must comp~.jr.
B~:. K~--. _.._z~~7
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SWOl~V TO AND SUBSC#tIBED before me the ,%` ~" day of ~' ~~~, 2007.
SEAN P SMITH
MY COMMISSION EXPIRES
JUNE 15, 2009 9
CERTIFICATION REGARDING LOBBYING
CERTtFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The ~der~i~ned certifies, to the best of his or her knowledge and belief, that:
(1) h~ federal appropriat$d funds have been paid or wili be paid, by or on behalf of the
~mders~gned, to any person for influencing or attempting to influence an officer or
an em~oyee of any agency, a member of congress, an officer or employee of
o~ngress, or an emp{oyee of a member of congress in conneetion with the
a~warding of any federal contract, the making of any federal grant, the making of
any fetieral loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal
c~ontrac#, grant, loan, or cooperative agreement.
(2) If any funds other tha~ federal appropriated funds have been paid or will be paid to
~y person for influencing or attempting to ir~fluence an officer or employee of any
agency, a member of congress, an o~cer or employee of congress, or an
employee of a member of congress in connection with this federal contract, grant,
Ican, or cooperative agreement, the undersigned shall complete and submit with
this a S#andard Form-11, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
(3) The undersigned shall require that the language of this certification be included in
the award documents for a!I subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, foans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
This aertification is a mat~rial representation of fact upon which reliance was placed
when this tt~nsaction was made or eniered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31. U.S. Code. Any person who fails to file the required certification shall be subject to
a civi! n~lty of not less than $10,000 and not more than $100,~00 for each such
failu ~~ ~~ ~~(
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Signa~ure a~ Date ~
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Print ~ame of Authorized Individual
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Orgar~zatian Name
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