HomeMy WebLinkAboutC2011-514 - 10/11/2011 - Approved!y
CDBG- FUNDED
INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN THE
CITY AND DEL MAR COLLEGE
FY2011 -2012
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 Street, Corpus Christi, Nueces County, Texas,
78401, acting through its City Manager or the City Manager's designee ( "City
Manager "), and Del Mar College District, a political subdivision of the State of Texas,
with offices at 101 Baldwin Street, Corpus Christi, Nueces County, Texas, 78404, for
the benefit of its Small Business Development Center (the "College "), acting through the
College's President or the President's designee.
Whereas, the College and the City entered into an " Interlocal Cooperative Agreement to
Provide Small Business Assistance and Administration" in 2005 and subsequent years
( "Prior Agreements "), and
Whereas, the U. S. Department of Housing and Urban Development's grant funding
provided to the City's FY2011 -12 Community Development Block Grant ( "CDBG ")
Program, in the amount of $169,234, is necessary for this Agreement and is being
accepted and appropriated by the City concurrently with the approval of this Agreement.
Now, therefore, in consideration of the promises and obligations contained in this
Agreement, the City and College agree as follows:
SECTION I
TERM
1.01 The term of this Agreement begins on September 1, 2011, and terminates on
August 31, 2012, unless terminated as provided for in the Agreement.
SECTION II.
COLLEGE OBLIGATIONS
2.01 The College, by and through its Small Business Development Center (referred to
herein as the "SBDC "), will provide the following project services ( "Services ") to
businesses in Corpus Christi who register with the SBDC including, but not limited to:
2.01.1 Free counseling on all procurement matters
2.01.2 Assistance with interpretation of bid documents
2.01.3 Assistance in obtaining contract financing
2.01.4 Networking opportunities with area procurement personnel
2.01.5 Help in developing and meeting subcontracting goals
2.01.6 Access to federal acquisition regulations
2011 -514
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Del Mar College District
Page 1 of 10
INDEXED
2.01.7 Seminars and workshops on a wide variety of procurement topics
2.01.8 Assistance in developing and implementing quality controls
2.01.9 Access to bid packages, plans, and specifications
2.01.10 Access to F.W. Dodge Reports for the South Texas area
2.01.11 Access to PT @SSIST Bid matching system
2.01.12 Assistance with business plans
2.01.13 Assistance with loan package preparations
2.01.14 Seminars and workshops on a wide variety of business topics,
including, but not limited to, legal and accounting issues
2.01.15 Assistance to women, low- income and minority entrepreneurs
including credit counseling, personal finance management counseling, small
business management, and loan packaging
2.01.16 Outreach activities to inform women, low - income, and minority
entrepreneurs of services available
2.01.17 Access to First Step Fast Trac, an educational hands -on
program that provides attendees with opportunity to evaluate and perfect
their ideas in a supportive environment
2.02 Outreach Counselor - The full -time Outreach Counselor will market the Center's
services to historically underutilized businesses ( "HUBs ") within Corpus Christi. 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 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 or 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 the Services including client direction, training workshop support, and
reporting data collection. The Program Services Technician 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
SBDC. 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 or for
Del Mar FY1112 Agmt Page 2 of 10
further employment for this position.
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 SBDC 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 and falling under the Director. Nothing
herein is intended to create a contract of employment, and it is the intention of both the
City and the College that employment is on an "at will' basis. Furthermore, should this
Agreement terminate, it is understood by the City and the College that there is no
obligation on the part of the College to extend an offer of or 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 Certified 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 SBDC. Clients are then assigned to the appropriate counselor for one -
on -one assistance which meets their needs. These positions are funded by the
College.
Del Mar FY1112 Agmt Page 3 of 10
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 and for the Black Chamber of
Commerce and the Westside Business Association. The Black Chamber of Commerce,
Acci6n 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 or 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, Acci6n Texas, and Westside Business Association) is terminated for any
reason. Acci6n 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, by and through the SBDC, agrees to provide monthly reports
including number of clients assisted during the period, hours of Services provided, and
jobs created. The College, through the SBDC, agrees to provide an annual action plan
including timelines of activities defined in 2.01 of this Agreement and to 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) businesses 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 must be created or retained for every $35,000
Del Mar FY1112 Agmt Page 4 of 10
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 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 (5) years
after the termination of this Agreement. The College, by and through the SBDC, shall
provide the City Manager or his designee or a duly authorized representative of the City
or the U. S. Department of Housing and Urban Development with access to any books,
documents, papers, and records pertinent to the services provided under this
Agreement, for the purpose of making audit or examination.
2.11 The SBDC shall be open for operation in accordance with hours designated by
the 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 the PT @SSIST bid matching system. Expansion plans include
access to the BXTX program via computer workstations, internet access, and counselor
assistance with a new local web -based billboard for small contract postings under
$25,000.
2.13 Information and Reports. The College, by and through the SBDC, shall provide
any information, reports, data, and forms pertinent to this Agreement as the
Administrator or staff of the City's Community Development Office may, from time to
time, request for the proper administration of this Agreement. Additionally, the SBDC
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,
each of which are incorporated by reference as if set out fully herein and attached
respectively as Exhibits A and B.
Del Mar FY1112 Agmt Page 5 of 10
SECTION III.
CITY OBLIGATION
3.01 The City shall make all city construction projects and plans available, at no
charge, to the College for the purpose of allowing HUBs access to contracting and
subcontracting opportunities.
3.02 The City shall pay the College eleven payments of $14,102.83 and one payment
of $14,102.87 over twelve (12) months (September, 2011, through August, 2012) for the
Services provided under this Agreement for FY 2011, for a total payment not to exceed
$169,234. 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 the College actually performed Services under this
Agreement.
SECTION IV.
INDEPENDENT CONTRACTOR
4.01 The 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 costs 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 Cooperation
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
De Mar FYI 112 Agmt Page 6 of 10
certified mail not less than thirty (30) days prior to the date of termination to the other
party at the official address listed in this Agreement. After this Agreement is terminated,
the College, by and through the SBDC, will provide a final accounting to City of all
expenditures and revenues pursuant to this Agreement and as may be required by
federal regulations within sixty (60) days of such termination.
SECTION VII.
NOTICE
7.01 The parties agree that all notices shall be given to the respective parties at the
following locations:
NOTICE TO COLLEGE: Vice President — Administration 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 IX.
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 by either party 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.
Del Mar FY1112 Agmt Page 7 of 10
9.04 Interlocal Cooperation Act. The parties agree that activities contemplated by this
Agreement are "governmental functions" and services of a "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.
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
Ronald L. Olson
City Manager
Date: - Y-11-12—
--
DEL MAR COLLEGE
By:
Dr. MA Escamilla
President
Date: f 7 , /r,
ATTEST:
By:
Armando Chapa
City Secretary
Approv d as to form thi 'day of
By: �CG
Elizabeth undley
AssistaAl City Attorney
for the City Attorney
ATTEST:
By:
Dr. Lee Sloan
Vice President, Administration and
Finance
2012
�.. .,... AU T HOR11h,
CFf;��'3��17M VL
Del Mar FY1112 Agmt Page 8 of 10
EXHIBIT A
CDBG COMPLIANCE AFFIDAVIT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
Date: ?, Z R 2012.
Affiant: ly-- L (y) tar k C6 LZ&, --
Community Development Block Grant Subrecipient
Affiant, on oath, swears the following statements are true:
1 , _ 444n/ ! � / , am the J) 12EGT3 (560C) (title)
of _ be M C i . I~rrtE , a political subdivision of the State of
Texas, 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 ubre ' ient maybe subject
and with which the Subrecipient must comply.
By:
SWORN TO AND SUBSCRIBED before me the
2i of _ma rck , 2012.
"' ° •"aic JESSICA ANN ALANIZ
n il 1w,
! Notary Pudic
•_
STATE DFTEJlAS N nary Public, State of Texas
6oF My Comm. Eap, 0718 -2012
Del Mar FY1112 Agmt Page 9 of 10
EXHIBIT B
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, United States 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.
Sign tore
I1 14 Ali
Printed Name of Authorized Individual
1)e e, 6 4 ' 1 - Ayz- c?_ _G.G6_
Organization Name
y- .3
Date
Del Mar FY1112 Agmt Page 10 of 10