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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 2 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. 4 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. 5 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 6 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. 7 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 ,~' m- - ~ ~{~ ~ ~143i~iLc-. } -~ ~r ~~rr.i~ ,~.~.,..~: 4. ... .... ....... . ..~~ ~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 ~~---Tc _ 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 ~~ ~~ ~~( , , / .~~ .r~ i'~c l:~c~ ,,_., _ ; ~ / .~~,~I ~Q, ~- Signa~ure a~ Date ~ ~ ~~Zl ~ S ~ ~-~/~2,~ ~ Print ~ame of Authorized Individual / , J~' ~- L ~/ ~~. d L~G ~,.t Orgar~zatian Name 10 „~ ~ .x . ..,. .a ~-,.., ,~ _ . _ . _,.._. _ ..~., .. ~ .~ _ ~ ~.___ ~ ~.. ,.. _.,.„