Loading...
HomeMy WebLinkAbout028751 RES - 08/31/2010Page 1 of 3' RESOLUTION APPROVING A SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE, WHICH PROVIDES A GRANT OF UP TO ONE HUNDRED SEVENTY THREE THOUSAND TWO HUNDRED TWENTY THREE DOLLARS ($173,223.00), FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE DEL MAR SMALL BUSINESS INCENTIVES AGREEMENT WHEREAS, the Corpus Christi Business and Job Development Corporation ("Type A Board") has budgeted funds to assist small businesses and promote new jobs in Corpus Christi, Texas. WHEREAS, there is a need for a small business incentives project support agreement between the City of Corpus Christi ("City") and the Type A Board for the implementation and administration of the small business incentives agreement with Del Mar College ("Del Mar") for a intern program to support small businesses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That small business incentives agreement for an intern program to support small businesses between the Type A Board and Del Mar, which is attached to this resolution as Exhibit A, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Board for the implementation and administration of the small business incentives agreement with Del Mar for a intern program to support small businesses, which is attached to this resolution as Exhibit B. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary RES-DelMar Intern -08252010 Joe dame Mayor INDEXED Page 2 of 3 APPROVED as to form: August 25, 2010 R. y P inin F rst Assistant City Attorney For the City Attorney RES-DelMar Intern -08252010 Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott L RES-DelMar Intern -08252010 028751 Page 3 of 3• SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES This Small Business Incentives Agreement for ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Del Mar College, a Texas institution of higher education ("DEL MAR"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle Cl, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Small business incentives; WHEREAS, Section 501.073, Texas Local Government Code, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Small business incentives on September 18, 2007; WHEREAS, DEL MAR has requested business development funds from the Board to assist small businesses by providing access to students, who will serve as interns in professional level positions; WHEREAS, the small businesses will pay the student interns minimum wage (currently $7.25 per hour) and DEL MAR will match the small business contribution. Page 1of11 SMALL BUSINESS INCENTIVE AGREEMENT -DELMAR Interns -08252010 Exhibit A WHEREAS, the interns will be selected based on the needs of the small businesses with the goal of providing the businesses with resources that make the businesses more effective and provide growth opportunities; WHEREAS, the primary goal of the program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation; WHEREAS, the goal of the project is the creation of 1 new full time job for every 10 internship positions funded (a 10% new job "return on investment"); WHEREAS, a secondary benefit of the small business intern program is providing students real-world experience, while they are making a living wage without working extended hours and developing potential full-time employment opportunities following graduation; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to DEL MAR, through this Agreement with DEL MAR, to be used by DEL MAR to assist small businesses by providing access to students, who will serve as interns in professional level positions. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and DEL MAR agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. a. The term of this Agreement is for one year from August 1, 2010, through August 19, 2011. b. This Agreement may be extended at the option of the Corporation for up to four additional one year terms, contingent upon annual appropriation of funds and approval of the City Council. c. If this Agreement is extended for subsequent period, this Agreement may be amended by adoption of a revised Schedule A, which is attached to and incorporated into this Agreement. 3. Grant. a. The Corporation will grant DEL MAR an incentive of up to One Hundred Seventy Three Thousand Two Hundred Twenty Three Dollars ($173,223.00), which must be used to fund one half of the salary of up to a total of 93 interns during the Fall Semester of 2010, Spring Semester of 2011, and Summer Session in 2011, and the entire salary on two interns hired to help administer the Page 2 of 11 SMALL BUSINESS INCENTIVE AGREEMENT -DELMAR Interns -08252010 program during the Fall and Spring Semesters and Summer Session. The interns will be paid twice the minimum wage, while participating in DEL MAR's Small Business Employer Intern Program. b. The Corporation's grant conditioned upon DEL MAR'S successful completion of the terms of this Agreement, including, but not limited to, the performance requirements and conditions precedent in Schedule A. c. The Corporation's grant shall be paid in monthly installments based upon evidence of the amount paid by DEL MAR to the small business employers during the prior month. 4. DEL MAR's Duties and Responsibilities. a. DEL MAR shall provide administrative oversight and direct supervision for the placement of interns in the DEL MAR's Small Business Employer Intern Program. b. DEL MAR shall create and maintain not Tess than two part-time intern (2) employment positions to assist in the Small Business Employer Intern Program in Corpus Christi, Nueces County, Texas, during the term of this Agreement. The intern must be paid twice the minimum wage, which is scheduled to be $7.25 per hour. c. DEL MAR shall place, with small businesses in Corpus Christi, the number of interns specified in Schedule A, during each semester or summer session. Since the primary goal of the DEL MAR's Small Business Employer Intern Program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation, placements must be based on the needs of the small business with the goal of providing the business with resources that make the business more effective and provide growth opportunities for the businesses. d. DEL MAR shall ensure that the small business employer of each intern pays the student intern the minimum wage, and DEL MAR shall match the small business employer's payments to the interns. e. DEL MAR shall try to place the interns for 20 hours per week and 12 weeks per semester or summer session. f. DEL MAR shall work with the small businesses that receive interns under the program to encourage the creation of permanent full time jobs for the interns or similarly qualified individuals. 5. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 38(b) of the Development Corporation Act of 1979, as amended, which is the median wage of the occupation in the Corpus Christi Page 3 of 11 SMALL BUSINESS INCENTIVE AGREEMENT -DELMAR Interns -08252010 MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A full-time permanent job is one that provides at least 2,080 hours annually. c. DEL MAR agrees to confirm and document to the Corporation that each job created as a result of funding provided by this Agreement is maintained throughout the term of this Agreement. d. DEL MAR agrees to provide Corporation with a sworn certificate by authorized representative of each shall business assisted under this Agreement certifying the number of full-time permanent employees employed by the business assisted through the Intern Program. e. DEL MAR shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. 6. Reports and Monitoring. a. DEL MAR shall provide a report at the end of each semester or summer session certifying the status of compliance through the life of the Agreement. Documentation for jobs may be in the form of quarterly IRS 941 returns, DEL MAR employer Quarterly Reports, or employee rosters that show the hours worked and the positions filled, and such other reports as may reasonably be required. b. DEL MAR, during normal working hours shall allow the Corporation and its designee, City of Corpus Christi Economic Development Department, reasonable access to DEL MAR's employment records and books, to verify employment and all other relevant records related to each of the other economic development considerations and incentives, as stated in this Agreement, but the confidentiality of the records and information must be maintained by Corporation and its designee, unless such records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. 7. Warranties. DEL MAR warrants and represents to Corporation the following: a. DEL MAR has the authority to enter into and perform, and will perform, the terms of this Agreement. b. The individual executing this Agreement on behalf of DEL MAR is duly authorized to execute this Agreement on behalf of DEL MAR. c. No litigation or governmental proceeding is pending or, to the knowledge of DEL MAR or DEL MAR's officers, threatened against or affecting DEL MAR that may result in any material adverse change in DEL MAR's business, properties, or operations. No consent, approval, or authorization of or registration or Page 4 of 11 SMALL BUSINESS INCENTIVE AGREEMENT -DELMAR Interns -08252010 declaration within any governmental authority is required in connection with the execution of this Agreement or the transactions contemplated by this Agreement. d. No certificate, statement, or information provided by DEL MAR to Corporation or the City of Corpus Christi in connection with any transaction contemplated by this Agreement, contains any untrue statements or fails to state any fact necessary to keep the statements contained in the certificate, statement, or information from being misleading. e. To the best of its knowledge, DEL MAR has acquired and maintained all necessary rights, licenses, permits, and authority to carry out this Agreement, and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. f. The funds granted through this Agreement must be utilized solely for the purpose of offsetting the cost of creating and maintaining the interns for DEL MAR's Small Business Employer Intern Program. g. DEL MAR shall complete the project required by this Agreement, and shall provide and staff the required employment positions, investment, and other economic development considerations described in this Agreement. h. DEL MAR shall timely and fully comply with all of the terms and conditions of this Agreement. i. DEL MAR has reviewed a copy of the Subtitle C1, Title 12, Texas Local Government Code, which governs development corporations and is available on the State's website, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. j. In the event it is determined by Corporation or City of Corpus Christi that funds provided under this Agreement were not used as authorized by State law, then DEL MAR shall repay the funds to the Corporation within 30 days of written notice requesting reimbursement. k. If an audit determines that the funds were not used for authorized purposes , DEL MAR agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbu rsement. I. There are no bankruptcy proceedings currently pending concerning DEL MAR, nor are any such proceedings contemplated by DEL MAR, as of the date of execution of this Agreement by DEL MAR. m. DEL MAR shall provide information, reports, or statements respecting its business operations and financial condition as Corporation may reasonably request from time to time. Page 5 of 11 SMALL BUSINESS INCENTIVE AGREEMENT -DELMAR Interns -08252010 8. All representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties pertaining to the transaction contemplated by this Agreement, shall survive the original execution date of this Agreement. 9. Compliance with Laws. DEL MAR shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 10. Non -Discrimination. DEL MAR covenants and agrees that DEL MAR will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 11. Force Majeure. If the Corporation or DEL MAR are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or DEL MAR are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 12. Assignment. DEL MAR may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 13. Indemnity. To the extent authorized by law, DEL MAR covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees') against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with DEL MAR activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. DEL MAR must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all Page 6 of 11 SMALL BUSINESS INCENTIVE AGREEMENT -DELMAR Interns -08252010 other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 14. Events of Default. The following events constitute a default of this Agreement: a. Failure of DEL MAR to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The Corporation or City determines that any representation or warranty on behalf of DEL MAR contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; 15. Notice of Default. Should the Corporation or City determine that DEL MAR is in default according to the terms of this Agreement, the Corporation or City shall notify DEL MAR in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for DEL MAR to cure the event of default. 16. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of DEL MAR, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. DEL MAR shall immediately repay all funds paid by Corporation under this Agreement. b. DEL MAR shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to DEL MAR under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 17. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any Page 7 of 11 SMALL BUSINESS INCENTIVE AGREEMENT -DELMAR Interns -08252010 other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of DEL MAR default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time DEL MAR is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 18. Limitation on Corporation's Liability. DEL MAR specifically agrees that Corporation shall only be liable to DEL MAR for the actual amount of the money grants to be conveyed to DEL MAR, and shall not be liable to DEL MAR for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. a. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement, being August 1, 2010, through August 19, 2011. b. Corporation will use its best efforts to anticipate economic conditions and to budget accordingly. c. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. d. Payments to be made shall also require a written request from DEL MAR to be accompanied by all necessary supporting documentation. 19. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Page 8 of 11 SMALL BUSINESS INCENTIVE AGREEMENT -DELMAR Interns -08252010 DEL MAR: Del Mar College Attn: President/CEO 101 Baldwin Corpus Christi, Texas Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 20. Incorporation of Other Documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Small business incentives ("Corporation Guidelines"), as amended, are incorporated into this Agreement. 21. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 22. Relationship of Parties. In performing this Agreement, both the Corporation and DEL MAR will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 23. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. Page 9 of 11 SMALL BUSINESS INCENTIVE AGREEMENT -DELMAR Interns -08252010 24. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 25. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 26. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and DEL MAR. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 27. Survival of Terms of Agreement and Obligations of Parties. The terms of this Agreement and the following obligations of the parties survive the termination of this Agreement: a. Payment by the Corporation of the portion of the grant for salaries of interns during the 2010 summer session under Section 5.c. b. DEL MAR's record keeping and reporting requirements under Sections 4, 5, and 6. c. DEL MAR's duty to repay funds not used for an authorized purpose under Section 7. Page 10 of 11 SMALL BUSINESS INCENTIVE AGREEMENT -DELMAR Interns -08252010 Corpus Christi Business & Job Development Corporation By: Date: Eloy Salazar Chairperson Attest: By: Armando Chapa Assistant Secretary Del Mar College By: Date: Mark Escamilla, Ph.D President THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2010, by Mark Escamilla, Ph.D, for Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. Notary Public State of Texas Page 11 of 11 SMALL BUSINESS INCENTIVE AGREEMENT -DELMAR Interns -08252010. SCHEDULE A DEL MAR's TIME OF DEL MAR's CORPORATION's PERFORMANCE CONDITIONS MAXIMUM PRECEDENT AND PAYMENT PERFORMANCE TOWARD REQUIREMENTS GRANT DURING PERIOD September 1 through Placement of not more $173,223.00 August 19, 2011 than a total of 93 interns with small businesses in Corpus Christi during the Fall Semester of 2010, Spring Semester of 2011, or Summer Session of 2011, plus employment of 2 interns to assist in program administration during the Fall and Spring Semesters and Summer Session. A-- 1 SMALL BUSINESS INCENTIVE AGREEMENT -DELMAR Interns -08252010 SMALL BUSINESS INCENTIVES PROJECT SERVICE AGREEMENT DEL MAR COLLEGE INTERN PROGRAM This Small Business Incentives Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073, Texas Local Government Code, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, Del Mar College has submitted a proposal to the Corporation for $173,223 for an intern program for small businesses; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund the Del Mar College's intern program for small businesses; and WHEREAS, the Corporation and Del Mar College have executed a small business incentives project agreement for an intern program for small businesses. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Corporation and the City agree as follows: Project Support Agreement 4A-City-DelMar Intern -08102010 Page 1 of 3 Exhibit B 1. Project Service Agreement to Implement Small Business Incentives Agreement. This Project Service Agreement between the City and the Corporation is executed to implement the Small Business Incentives Agreement for an intern program for small businesses between the Corporation and Del Mar College ("Small Business Incentives Agreement"). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Small Business Incentives Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Small Business Incentives Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or Page 2of3 Project Support Agreement 4A-City-I]elMar Intern -08102010 unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation 'Angel R. Escobar Eloy Salazar City Manager Chairperson Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form: , 2010. R. Jay Reining First Assistant City Attorney for City Attorney Project Support Agreement 4A-City-DelMar Intern -08102010 Page 3 of 3 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Finance of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officer that the money required for the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. CityCouncil Action Date: August 31, 2010 Agenda Item: RESOLUTION APPROVING A SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE, WHICH PROVIDES A GRANT OF UP TO ONE HUNDRED SEVENTY THREE THOUSAND TWO HUNDRED TWENTY THREE DOLLARS ($173,223.00), FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE DEL MAR SMALL BUSINESS INCENTIVES AGREEMENT Amount Required: $173,223 Fund Name Fund No. Org. No. Account No. Project No. Amount $u s1 5s �- dog // t/O /S Oz_D. 530000 t/ 73, 123 beueAct ALA eAar p Total Certification Not Required Director of Financial Services Date: