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HomeMy WebLinkAbout026928 RES - 08/22/2006RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A TWO -YEAR INTERLOCAL COOPERATION AGREEMENT WITH THE CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT IN THE ANNUAL AMOUNT OF $80,073 FOR ASSISTANCE IN DOWNTOWN DEVELOPMENT AND REDEVELOPMENT ACTIVITIES FOR FY 2005 -06 AND FY 2006 -07 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or the City Manager's designee is authorized to execute a two year interlocal cooperation agreement with the Corpus Christi Downtown Management District in the annual amount of $80,073 for assistance in downtown development and redevelopment activities. A copy of the interlocal cooperation agreement is attached. ATTEST: THE CIT OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: Lisa Aguilar ;r Assistant City ftorney for City Attorney , 2006 Downtown Mgt Distnct.doc Henry Garret Mayor INTFRLOCAL AGREEMENh phis Interlocal Agreement (the "Agreement-1 is made between the Corpus Christi Downtown Man. ement District ( the "District"). created under Chapter 375 of the Texas Local Government Code, and the Cite of Corpus Christi. Texas (the `City "), a municipal corporation. WHEREAS. the District and the City desire to enter into an Agreement pursuant to the Interlocal Cooperation .Aet to provide fir downtown Corpus Christi redevelopment (the "Project "); WHEREAS, the parties acknowledge obligations under the agreement approved by City Council on April 27, 2004 continued !n r scat years 2004 -2005. and 2005 -2006; Now, therefore, in consideration of the mutual covenants in this Agreement, the City and the District each, the "Party -) authorized by appropriate actions of their governing bodies, agree as follows: 1. SERVICES I I District shall pro\ ide the following sera ices to provide for the redevelopment of downtown Corpus Christi. 1.2 By May 1 of each :.ear, District shall prepare and deliver to Director of City Economic Development office. a preliminary plan to deliver services to Downtown Corpus Christi during next fiscal year. "Downtown Corpus Christi' means the areas within the legal boundaries of the District. The preliminary plan must address City_ Council goals for Downtown Corpus Christi, including plan to increase commerce in Downtown Corpus Christi The District agrees to work in conjunction with the City to develop ways to encourage and promote commerce in Downtown Corpus Christi. The District also agrees to maintain, continue and enhance the current level of projects it is currently delivering: a) sidewalk and curb sweeping: b 1 landscapting; c) event activities:; d) marketing; and e) park enhancements; all of which provide for a more pedestrian friendly environment and encourages commerce and retail. District shall provide its final plan (-Plan-Ito Director of ity Economic Development office no later than August 1 of each year. \vhich outlines the .overall objectives of the District. 'the Plan will describe the plan of action tier the upcoming year Including a line item budget and significant initiatives. Opportunities to develop commerce in Downtown Corpus Christi will be specifically identified and included in the plan. Information necessary to describe the District's efforts to help promote and encourage commerce in Downtown Corpus Christi will be included as well. The District agrees to assist the City in its downtown development and redevelopment activities, and coordinate its activities' ith the (itv 1.4 The District agrees to continue its mission to act as a catalyst to strengthen economic base of Downtown Corpus Christi through a) ensuring programs to improve image of Downtown Corpus Christi; b) increase attractiveness through maintenance, and c) assure cleanliness and safety of Downtown Corpus Christi 1 5 The City agrees to appoint a representative from the City to serve in advisory capacity to the District's Board of Directors. 1.6 The City agrees to have the Mayor and /or the District's City Council Representative meet with the District's Board of Directors ever■ quarter at the regularly scheduled Board of Director's meetings. 11 11N \NCIAL REQUIREMENTS 2 1 The parties agree and understand that funding under this Agreement is subject to annual appropriations h\, the Cite Council and that each fiscal year's funding must be included in the budget for that year and is not effecti e until approved by the City Council. District must maintain revenue provided under this Agreement in a separate account established for that purpose and may not commingle City funds with any other funds. The separate account is established and clearly identified as General Fund and is budgeted for administrative expenses. Monies from other District funds may be transferred to the separate account to compensate for administrative budget so long as they are clearly identified and the Board of Directors has approved the transferred. Expenditures exceeding the total budgeted amount must be paid from clearly identified funds of District_ Monies already expended by the District for activities in fiscal year 2005 -2006 are not required to be kept in separate account 7 4 Interest earned on funds contributed to District by the City must be clearly identified, credited, and reflected on the books As resulting from such investment of such funds and the same shall be available for District us c. The parties agree that receipt of these funds creates a fiduciary duty of the District. 2.6 District also shall provide an independent audit for expenditures of funds allocated under this agreement for each year based on a fiscal year ending July 31. Accounting records and the necessary independent audit also must conform to the accounting standards as promulgated by the American Institute of Certified Public Accountants and to the requirements of applicable state law so as to include a statement of support, revenues and expenses, and balance sheets for all funds. ? x Early reports of an Independent audit of the District's expenditures and revenues during the previous fiscalyear performed by a Certified Public ,Accountant in accordance with Generally Accepted Accounting Principals ((AAP) shall be submitted to the City Manager within ninety (90) days after the end of each fiscal year that this agreement is in effect 2.9 The books of account of the funds held by District shall be maintained in a form approved by the City's Director of Finance and shall be available for inspection and copying by the Director, and his or her duly authorized agents and representatives during regular business hours of District. Records shall be maintained for at least 3 years after the expiration or termination of this agreement. 210 District's fiscal year begins August 1 and ends July 31. III. PERFORMANCE REPORTS. 3.1 Performance Reports. The District vs-ill periodically report to the City Council on the activities and work accomplished. the District shall make any special presentations or prepare specific reports if requested by the members of the ('ity Council within 30 days of such request. 11 Annual Reports The District shall provide City Manager written annual report on the outcomes of the performance measures presented in the plan for the previous year. The Annual Report ;hall be due within sixty (60) days after the end of each fiscal year that this Agreement is in effect. 'Be District agrees to provide the Cify with an annual report for fiscal year 2005 -2006 by August i _ 2006. fhe annual report s gall describe each project undertaken by the District in fiscal year 2005 -2006, provide project status, and amounts expended on each project. City agrees to pay District the total sum of $80.073 for [iscai year 2006 -2006 upon receipt of this annual report for fiscal year 2005 -2006. 1V. PERFORMANCE MEASURES. 4 1 District shall be deemed to have met its performance requirements for a particular fiscal year if the number of commercial establishments located within boundaries of the District increases from the previous fiscal year. and if the cleanliness, landscaping, event activities, marketing and park enhancement projects, currently underway. continue 4 2. In consideration for District's performance under this Agreement, City agrees to pay District the sum of $8().073 for work performed duriml l iscal year 2006 -2007, which amount shall be paid in quarterly payments. Miscellaneous 1 Implementation. fhe City Manager and Executive Director for the District are authorized and directed to take all steps necessary or convenient to implement this Agreement. Warranty. This Agreement has been officially authorized by the governing body of the City and the District, and 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. Administrative Services. The City and the District agree to provide administrative services necessary to coordinate this Agreement, including providing the other party with a current list of contact inlormation for each part). .4 F4xpending funds, Any payment made by the District or the City for any of the costs or expenses that either incurs pursuant to this Agreement shall be made out of current revenues available to the paving partv• as required by the lnterlocal ()operation Act. Term_ Once approved by all Parties, the term of this Agreement is August 1, 2006 through July 1.. 2007. �.6 Severability. If any portion of this Agreement, or its application to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Agreement ;hall not be affected and shall continue to be enforceable in accordance 1/4\ Oh its terms 7 Oral and Written Agreements. Ail oral or written Agreements between the Parties relating to the subject matter of this Agreement. which' were developed prior to the execution of this Agreement, have been reduced to writini_l and are contained in this Agreement. >.8 Not for Benefit of Third Parties. this Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. .9 Immunity not Waived. ]nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official. or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement 5 10 Breach. An breach of his Agreement now or through the term shall render the Agreement null ,tnd void. 11 Notices. Any notice. correspondence or payment made pursuant to this Agreement must be made by (a) depositing the same in i'.he 1. nitcd States mail. postage prepaid, addressed as follows, or (b) delivering the same to the other Party. Any notice given in accordance with (a) shall be effective upon deposit in the 1 rnited States mail. and the addresses of the Parties shall, until changed by written notice, be as followw's o the Cite Cite of Corpus <'hrist�: City Manager P. ti, Box 927' Corpus Christi. Texas 78469 -9277 To the District: Corpus Christi Downtown Management District Attn: President 410 Peoples Street Corpus Christi. Texas 78401 5.12 Amendments or Counterparts. This Agreement may not be amended except by written Agreement approved by the governing bodies of the Parties. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original all of which shall constitute but one and the same instrument 5.13 Modifications. No officer or employee of any of the Parties may waive or otherwise modify the terms in this Agreement, without the express action of the governing body of the Party. 5.14 Captions. Captions 10 provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 5 15 Governing Law and Venue. Fhi s Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure 16 Approval. All Parties identified below agree to the provisions and terms of this Agreement. CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Irv. Name: 1 isle: Date: CITY OF ( "ORPI 1S C1 -TRIS11 Bv: George K. Noe City Manager Date: Attest Armando ('hapa City Secretary Approved its to legal form 2006. By : 1 isa Aguilar Assistant City Attorney for City Attorney Corpus Christi, Texas day ofd . 2006 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members Respectfully; /LA.A.i Ar L...'1 H - ry Garret Mayor The above ordinance was passed by the following vote: r -. Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jon Marez Jesse Noyola Mark Scott CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS City Charter Article V. 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 nas not been appropriated for any other purpose City Council Action Date: August 22, 2006 Agenda Item Resolution authorizing the City Manager or his designee to execute a two -year Agreement with the City of Corpus Christi and the Corpus Christi Downtown Management District in the annual amount of $80,073 for assistance provided in downtown development and redevelopment activities for FY 2005 -06 and FY 2006 -07. Amount Required: $160,146 Fund Name Fund No. ! Org. No. Account Project No. No. Downtown 1020 14690 548500 Management District Total Certification Not Required Amount $160,146 $160,146 Lie-„,e A Director of Fii1 ncial Services Date: f/ 74‘