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HomeMy WebLinkAboutC2009-474 - 10/27/2009 - ApprovedINTERLOCAL COOPERATIVE AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND DEL MAR COLLEGE TO PROVIDE SMALL BUSINESS ASSISTANCE 8~ 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), a political subdivision of the State of Texas 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, by Resolution 028385 on October 27, 2009, City Council authorized City Manager to accept grants from the U.S. Department of Housing and Urban Development for the 2009 Community Development Block Grant program and to execute all documents necessary to implement the City's consolidated annual action plan as authorized by HUD, which included a subgrant in the amount of $175,000 to Del Mar College Business Resource Center from the FY 2009 CDBG program; 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, 2009 and terminates on August 31, 2010, 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 2.016 Access to Federal Acquisition Regulations ^ ""' and workshops on a wide variety of procurement topics 2009-474 Res. 028385 10/27/09 1 Del Mar College 2.018 Assistance in developing and implementing quality controls 2.019 Access to bid packages, plans, 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 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 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). 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 utilizing a brand new web-based "billboard" for small contracting opportunities under $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 Accion, 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 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 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. 2.05 Subject to the execution of separate lease or use agreements, space shall be arranged by the College for two Accion employees; reception personnel, conference and training space, and a plan room starting as soon as possible after the execution of this 3 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, Accion 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, Accion Texas, and Westside Business Association) is terminated for any reason. Accion Texas, 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. 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 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 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 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 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 4 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 specifications 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, Internet 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. 3.02 The City shall pay the College $14,583 for twelve (12) months (September 2009 thru August 2010 for the Services provided under this Agreement for FY 2009, for total payment not to exceed $175,000.00. These payments shall be full compensation to the College for Services provided under this Agreement and positions funded under this 5 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 the College actually performed Services under this Agreement. SECTION IV. INDEPENDENT CONTRACTOR 4.01 These parties entering into 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 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 Interlocal 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 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 6 7.01 The parties agree that all notices shall be given to the respective parties at the following locations: NOTICE TO COLLEGE: Vice President -Business 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, 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 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 Interlocal 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 Interlocal 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. 7 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 pantie ~ in themselves to this Agreement. CITY OFiCORPUS CHRISTI By: ~ `An R. Escobar City Manger Date: ~~~ ~ ()9 ATTEST By: Armando Chapa City Secretary Approved as to form this 3 day of ~ 2009 DEL MAR COLLEGE By: ~ Dr. Man c Escamilla, President Del Mar College Date: ~_'~ •~~ ~~~ ATTEST By: ; .~- Le Sloa , Ed.D. Interim Vice President -Administration and Finance By. ~...« Lisa Aguilar Assistant City Attorney ~°~ ~~~AUTHORItEQ t;T CfftfliClL ..,~.~ ~ ®~ ,~4,~., SECRETA~9' 8 EXHIBIT CDBG COMPLIANCE AFFIDAVIT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § Date: November 24. 2009 Affiant: Del Mar College through the SBDC Community Development Block Grant Subrecipient Affiant, on oath, swears the following statements are true: I, Ann Fierova , am the Director (title) of The Del Mar College Small Business Development Center (SBDC) 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 OMB Circular A-122 OMB Circular A-133 24 CFR Part 84 24 CFR 85.43 and 85.44 24 CFR 570.200, 500, and 600 et. seq. 49 CFR Part 24, 24.101-24.104 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 Subr 'ent may be subject and with which the Subrecipient must comp) . By: _ SWORN TO AND SUBSCRIBED before me the ~o ... ~~: 2., '"°~""°°a"'~ ~ KATHRYN SMART Notary Public ` ;' ~ ~ - STATE OF 7EXA5 _ ~ ~~q~'OF~9~ My Comm. Exp. OB-25-2013 day of ~ 9 009. 9 CERTIFICATION REGARDING LOBBYING 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 certification 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 file 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. Sig ature Date Mark Escamilla, PhD Print Name of Authorized Individual Del Mar College Organization Name 10