HomeMy WebLinkAboutC2008-431 - 9/9/2008 - ApprovedINTERLOCAL COOPERATIVE AGREEMENT BETWEEN CITY OF CORPUS CHRISTI
AND DEL MAR COLLEGE TO PROVIDE SMALL BUSINESS ASSISTANCE &
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"), and
Del Mar College District, by and through the Small Business Development Center
(called the "College" herein), astate-funded junior college which is located at 101
Baldwin, Corpus Christi, Nueces County, Texas, 78404.
Whereas, Del Mar College ("College" or "Subrecipient") and the City of Corpus Christi
("City") entered into an Interlocal Cooperative Agreement to Provide Small Business
Assistance and Administration dated March 22, 2005 ("Agreement");
Whereas, $150,000 was authorized by City Council for FY 2008 Del Mar College Small
Business Development Center;
Whereas, by Motion 2008-242 on September 9, 2008, City Council authorized inclusion
of additional carryover amount for Del Mar College Business Resource Center of
$16,198 from the FY 2007 CDBG which are funds that have been drawn from the City
and reside with the College;
Now, therefore, in consideration of the promises and obligations contained in this
agreement the College and the City agree as follows:
SECTION 1
TERM
1.01 The term of this Agreement begins on September 1, 2008 and terminates on
August 31, 2009, unless terminated as provided for in the 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:
2.011 Free Counseling on all procurement matters
2.012 Assistance with Interpretation of bid documents
2.013 Assistance in obtaining contract financing
2.014 Networking opportunities with area procurement personnel
2.015 Help in developing and meeting subcontracting goals
2008-431 Federal Acquisition Regulations
09/09/08
M2008-242
Del Mar College
2.017 Seminars and workshops on a wide variety of procurement topics
2.018 Assistance in developing and implementing quality controls
2.019 Access to bid packages, plans, and spec cations
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
2.023 Assistance with loan package preparations
2.024 Seminars and workshops on a wide variety of business topics, including,
but not limited to, legal and accounting issues
2.025 Assistance to women, low-income and minority entrepreneurs including
credit counseling, personal finance management counseling, small business
management and loan packaging
2.026 Outreach activities to inform women, low-income and minority
entrepreneurs 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
ideas in supportive environment.
2.02 Outreach Counselor -The full-time Outreach Counselor will market the Center's
services to historically underutilized businesses (HUB) within the Corpus Christi area.
The Outreach 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 traditionally underserved communities in Corpus Christi.
Additionally, the Outreach Counselor will conduct off-site training workshops and
informational presentations in both English and Spanish for area business owners.
This position will be funded by the City and will be a full-time College employes, 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). 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 Program Services Technician -The full-time Program Services Technician will
provide front office assistance with administration and coordination of activities
associated with this project including client direction, training workshop support, and
reporting data collection. They will additionally provide detailed bid assistance services
- ° forsmatt co
$25K. This position may also attend various "pre-bid" meetings and other venues to
market the plan room and the services available at the center. This position is funded in
part by this CDBG grant, the SBDC, and PTAC programs. 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
2.04 Microloan Counselor -The full-time Microloan Counselor will meet primarily with
individuals who are pursuing loans under $50,000 to either start or expand a business.
This counselor will work with HUB clients to ensure that they have the capital or
technical assistance they need to run their business, and will also provide training
workshops. This position is primarily responsible for the continuation and expansion of
the First Step Fast Trac training program which is anticipated to expand this year. This
person is particularly key in coordinating activity between the Center and micro-lenders
such as Action, Innovative Bank, BLX and others. This position will be funded by the
City and will be a full-time College employee, subject to the personnel policies and
requirements of the College, and reporting to falling under the Director of the SBDC or a
designee of the Director of the SBDC (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.
2.042 The following positions which are funded by other grant sources may be used in
support of services provided under 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,
human resource management, etc. Additionally, all Business Advisors participate
in and coordinate workshops, seminars and conferences throughout the year,
The position(s) of Cert~ed 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 documents, obtaining contract financing, access to Federal Acquisition
Regulations, developing and implementing quality controls, etc. Additionally,
Contracting Assistance Specialists participate in and coordinate procurement
seminars and conferences throughout the year. These positions are funded by
the College.
C. The position of Training Coordinator. The Training Coordinator plans,
organizes, supports and facilitates over 75 workshops every year, including two
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.
3
2.05 Subject to the execution of separate lease or use agreements, space shall be
arranged by the College for two Acci6n 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 for the Black Chamber of Commerce and the
Westside Business Association. The Black Chamber of Commerce, Accidn Texas, and
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 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 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 (the Black Chamber of Commerce, Accidn Texas, and
Westside Business Association) is terminated for any reason. AcciBn Texas, Black
Chamber of Commerce, and Westside Business Association wilt 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. The College will utilize funds from the Agreement (as set
forth in the occupancy costs of the budget) to reimburse the Black Chamber of
Commerce and the Westside Business Association for the expense of their insurance
subject to the execution of a Facility Use Agreement with the College.
2.06 The College through the SBDC agrees to provide monthly reports including
number of clients assisted during the period, hours of Services provided, jobs created.
The College through the SBDC agrees to 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.
2.07 Each party to this agreement agrees to notify the other party in advance of any
sign~cent 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
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 provided under 24 C.F.R. Section 570.209 as amended. Present
minimum 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 retention requirements under 24 C.F.R. Section 570.209 as amended shall obligate
4
the College to repay, upon 30 days written notice, the funds paid under this agreement.
Additionally, the College has, in good faith, established a goal to create and or retain at
least 15 new full-time permanent jobs for low to moderate income persons during the
term of this Agreement.
2.09 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.
2.11 The SBDC shall be open for operation in accordance with hours designated by
Del Mar College.
2.12 Expansion 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
spec cations from City, County, State and Federal governmental entities. Additionally,
clients 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
access to the BXTX program via computer workstations, intemet access, counselor
assistance with a new local web-based billboard for small contract postings under
$25,000.
2.13 Information and Reports. The Subrecipient shall provide any information,
reports, data, and forms pertinent to this Agreement as the Administrator or staff of City
Community Development Department may, from time to time, request for the proper
administration of this Agreement. Additionally, Subrecipient shall adhere and comply
with the reporting requirements mandated for the Performance Measurement System
(PMS) 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
Development Block Grant Compliance affidavit and Certification Regarding Lobbying.
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.
5
3.02 The City shall pay the College
Seatember and oartially for October 2008 ($8.802 due to the College) for the Services
provided under this Agreement for FY 2008. These payments shall be full
compensation to the College for Services provided under this Agreement and positions
funded under this Agreement. The College may, upon approval from the City, move up
to 10% of program funds between the budgeted line items. The College must submit a
proposed budget with this agreement, and then re-submit a revised budget as proposed
for approval.
3.03 If this Agreement is terminated, the consideration paid to College will be
apportioned according to the months College actually pertormed Services under this
Agreement.
SECTION IV.
4.01 These parties entering into this Agreement agree that the Services to be
delivered by each for the benefd 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 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
provision of notice as required in Sections VI and VII. 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
Interlocel 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 fisted 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
expenditures and revenues pursuant to this Agreement and as may be required by
Federal regulations within sixty (60) days of such termination.
SECTION Vlt.
NOTICE
7.01 The parties agree that alf notices shall be given to the respective parties at the
following locations:
Adrnini-skat~on,
NOTICE TO COLLEGE: Vice President -•~siaess and Finance
Del Mar College
101 Baldwin
Corpus Christi, Texas 78404
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, 'rf 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 Interiocal 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 Interiocal Cooperation Act.
9.05 Governing Law and Venue. This Agreement shall be governed 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 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
By:
'Angel Escobar
City Manger
Date: iz /ice/O~
ter- ,.-
ATTEST
By:
Armando Chapa
City Secretary
DEL MAR COLLEGE
By: ~~' -
Mark Escamilla, Ph. D.
President Del Mar College
Date: ~_
Y"Vv"
Approved as to form this ~ day of ,(~ 2008
By: ~.~ -
Lisa Aguilar
Assistant City Attorney
~~ ~...:~ AUTHORIZED
ar caaxra...~~~0..r1 ~g
~~.
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and
belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
an employee of any agency, a member of congress, an officer or employee of
congress, or an employee of a member of congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a member of congress, an officer or employee of congress, or an
employee of a member of congress in connection with this federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit with
this a Standard Form-11, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
(3) The undersigned shall require that the language of this cert~cation be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered 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 fife the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
'~ ~~
Sigr3ature
Mark Escamilla. PhD., President
Print Name of Authorized Individual t~
rte. i ~-~d
Date
Del Mar College
Organization Name
10
EXHIBIT
CDBG COMPLIANCE AFFIDAVIT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
Date: 11/05!2008
Affiant: Del Mar College
Community Development Block Grant Subrecipient
Affiant, on oath, swears the following statements are true:
1, Ann Fierova , am the Director. Small Business Development Center(title) of
Del Mar College a Texas nonprofit
corporation, which has applied for and been awarded Community Development Block
Grant ("CDBG") Program 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-named subrecipient organization ("Subrecipient"), I met with
City staff and received 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 570.200, 500, and 600 et. seq.
OMB Circular A-133 49 CFR Part 24, 24.101-24.104
24 CFR Part 84
By execution of this affidavit, I attest that I have received the above-listed Federal rules
and regulations, City staff has explained the rules and regulations, and I understand the
Subrecipient's obligations of performance under the rules and regulations.
Furthermore, I acknowledge that there may be additional Federal rules and regulations,
beyond the rules and regulations listed above, to which thg Subfesipient may be subject
SWORN TO AND SUBSCRIBED before me the ~ day/of ~, 2008.
,r1, .~~
Notary P~Gbjic~ta(~ of Texas
9
SEAN P SMITH
MY COMMISSION EXPIRES
JUNE 15.2009