HomeMy WebLinkAbout027532 RES - 12/11/2007Page 1 of 2
A RESOLUTION
APPROVING A PERFORMANCE BASED AGREEMENT
BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION (4A BOARD) AND DEL MAR
COLLEGE GRANTING $130,921 IN BUSINESS INCENTIVES
FOR THE OPERATION OF AN INTERN PROGRAM TO ASSIST
SMALL BUSINESSES IN CORPUS CHRISTI
WHEREAS, there is a need for an agreement between the Corpus Christi
Business and Job Development Corporation and Del Mar College (Del Mar) to
grant $130,921 in business incentives to Del Mar for a student intern program to
assist small businesses in Corpus Christi.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the performance based agreement between the Corpus Christi
Business and Job Development Corporation (4A Board) and Del Mar, which is
attached hereto, is approved.
ATTEST:
Armando Chapa
City Secretary
APPROVED ED as to form: December 5, 2007
trk)
ry Dw1. Smith
Assistant City Attorney
For the City Attorney
CITY
CORPU CHRISTI
027532
my Garr
Mayor
H:\LEG-DIR Shared\ ary \agenda\ OO 112-11\nes-DelMar Incentives.doe
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Corpus Christi, Texas
I� of Cobl,ri oXA , 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Eli undo, Sr.
Mike Hmrell
Bill Kel Iy
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
027532
H:\LEC-DI 1 hared\ aryS\agenda12007\12-1'I\Fes-DeIM r ves.doc .d
AGREEMENT To GRANT USI ESS INCENTIVES TO
DEL MAR COLLEGE
FOR SMALL BUSINESS ASSISTANCE
This Agreement to Grant Business
Incentives for Small Business Assistance "Agreement" is
into
entered and betweenCorpus the Cor us Christi Business and Job Development Corporation
("Corporation"), a Texas nonprofitor oration organized under VAC.S. Art. 5190.6, Sec. 4A,
with1201 Leopard Street, Corpus Christi, Texas, 78401, and Del Mar
mailing address of p
College, ("Del Mar"), a
Texas institution of higher education, with principal place of business
at 101 Baldwin Boulevard, Corpus Christi, Texas 78404.
I. BACKGROUND
1.1 Purpose of Agreement.
Corporation is a tax -supported non-profit corporation, whose
p .
collected within the Cityof Corpus Christi and dedicated
primaryincome is from sales tax
exclusively
to economic development. This sales tax supporting Corporation is authorized as
a Revised Civil Statutes, Art. 1 0. , Sec. A. Corporation exists
loyal option under Texas.
of developing, stabilizing, diversifying, and expanding the Corpus
for the primarypurpose� g,
Christi economythrough the retention, expansion, and recruitment of employment
opportunities in order r to benefit the citizens of Corpus Christi and the surrounding areas.
1.2 Project. The project and
performance requirement to be implemented by means of this
agreement are generally described as follows:
•providingaccess to students who will serve as interns in
Assistance small businesses. .
levelpositions. The small business will pay the student intern minimum wage
professional
in to$6.55r hour In July 2008) and DEL MAF will matchourrentl � per hour, adjust
the small business contribution. Interns would be selected based on the needs of the small
business with the goal of providing the business with resources that make the business more
opportunities. The primarygoal of the program is to provide
effective and/or provide growth
support to small businesses in Corpus Christi that will encourage growth, retention, economic
"return
job creation. The ro'ect goal is create a 1 % new job return on
development and project
investment." For 69 internships, it is expected that at least new jobs will be created over a
24 month period. A secondarybene
fit of the program is providing internship opportunities for
..while makinga livingwage without working extended hours
students, real-world experience
and developing potential full-time employment opportunities following graduation.
the spring The program will incommences rin semester of 2008, continuing through the fall
concludingwith the spring semester of 2009. Sixty-nine intern
semester of �0 f andp
grant amount is $180,921, with $100,651 being used for
positions are to be provided. The
the small businesses'contributions.
matchingfunds which will be equally matched b
intern Office of Career
intern positions for three semesters within DEL
The $27,565 isMAR for two
Services to assist with administration and evaluation of the program. It is anticipated that 15
interns will be used in spring semester of 2008,27 interns in the fall semester of 2008, and
insemester of 2009. The performance requirements shall be
27 interns the spring
continuously maintained during the entire term of this agreement.
inconsideration of the premises and of the mutual covenants,
NOW, THEREFORE,
warranties, s, and agreements of the parties, it is agreed as follows:
Page 1 of 17
11. ECONOMIC BENEFITS AND INCENTIVES AND PERFORMANCE
2.1 BY THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION
'grant toDEL MAR total One
.1 Money brant; Corporation will convey
Twenty-one Dollars($13o,2'I.00, set
Hundred ThirtyThousand ane Hundred�
of DEL MARand
in to the performance requirements
forth Schedule subjectrequirements shalt
the
nt as set forth in Schedule A. The performance req
conditions precedent
be continuously
maintained during the entire term of this agreement.
comply with anyperformance requirement
FailureCorporation to timelyand fully.
by � • its sole remedy, the right
of default byCorporation giving DEL MAR
shall be an act � � terms and
conveyed and further being limited to the
to the contracted amount to be �
conditions contained in Article V11, paragraph 7.1, hereof.
SCHEDULE A
- - -
DEL DfIR CONDITIONS DEL MAR' TIME OF
PRECEDENT AND PERFORMANCE
PERFORMANCE
REQUIREMENTS
TS
Placement of approximately roximatel January 15 through May 15,
15 interns with small 2008
businesses in Corpus Christi,
placement based on the
needs of the small business
with the goal of providing the
business with resources that
make the business more
effective and/or provide
growth opportunities. The
i 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. Employment of two
interns for 19 hours per week
and 12 weeks per semester
during the Spring Semester
of 2008, within the Office of
Career services to assist with Lo
dministration and evaluation
f the program.lacement of approimately Aug gust throw h December
27 interns with small
H:L Dir/ ws/EeoDeVDEL MAR/Draftincentive 4A 07i O4dean
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CORPORATION'S
PERFORMANCE
REQUIREMENTS
An amount not to exceed
$27,005 payable monthly
upon receipt of statements
from Del Mar
An amount not to exceed
$51,958 payable month'
[businesses in Corpus Christi,
placement based on the
needs of the small business
with the goal of providing the
business with resources that
make the business more
effective and/or provide
growth opportunities. 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
I
creation. Employment of Nato
interns for 19 hours per week
and 12 weeks per semester
during the Fall Semester of
2008, within the Office of
Career Services to assist with
administration and evaluation
of the program.
Placement of approximately
27 interns with small
businesses in Corpus Christi,
placement based on the
needs of the small business
with the goal of providing the
business with resources that
make the business more
effective and/or provide
growth opportunities. 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. Employment of two
interns for 19 hours per week
and 12 weeks per semester
during the Spring Semester
of 2009, within the Office of
Career Services to assist with
administration and evaluation
of the program.
5, 2008
un receipt of statements
from Del Mar
January 15 through May15, An amount not to exceed
2009
X61,958 payable monthly
upon receipt of statements
from Del Mar
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2.2 INVESTMENT BY DEL MAR
is not required to make any
DEL MARcapital investment, but shall provide the
performance requirements set forth in Schedule B.
comply and to continue to comply with any
Failure DELMAR to timelyand fully �
performance requirement of this agreement shall be an act of default.
SCHEDULE B
_ _ ... �DEL lI�IA TIME OF PERFORMANCEE� �I PERFORMANCE
REQUIREMENTS
- _
Providing administrative oversight and direct Beginning January
15, 2008 and continuing
Fall Semesters of 2008
placement of interns in the during the
supervisionfor the Spring and Fa
small sineem
r�nploer program.
and the Spring Semester of 2009.
.2 Employment:
withrequirements set forth in ScheduleC.
DEL MAR shall comply the employment
Failure by DEL MAR to timely andfully comply � and to continue to comply with any
performance requirement of this agreement shall be an act of default.
SCHEDULE C
-- � -_. - -- -�- - JDEL MAR'� E OF PERFORMANCE
DEL MAR'sPERFORMANCE
REQUIREMENTS
create and maintain not less than two intern
employment ent positions to assist in the
small business employer intern program for
its facility in Corpus Christi, Nueces County,
Texas, with an hourly wage of $11.70 per
hour, plus personnel costs during the Spring
Semester of 2008.
create and maintain not less than two intern
employment positions to assist in the
small business employer intern program for
its facility in Corpus Christi, Nueces County,
Texas, with an hourly wage of $13.10 per
hour plus personnel costs during the Fall
Semester of 2008 and the Spring Semester
of 2009.
January 15 through May ''l , 2008
- -- --
August 15December through , 2008 and
January 15 through May 15, 2009
H LegDirlgw D vDEL AR/Draftln entive 4A 071 04d an
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111. REPORTING RTING AND MONITORING
3.1 orts and Monitoring: DEL MAR agrees to the following reporting and monitoring
provisions, and oo I with any one re uirement shall constitute an
and failure tofully timely �
act of default.
.1 DEL MAR shall providea
report at the end of each semester certifying the
p
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.
.2 DEL MAR, durin
normal working hours, at its Corpus Christi, Texas, facility,
shall allow Corporation oration and its designee, Corpus Christi Regional Economic
Development Corporation, 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 such records and information shall be maintained by Corporation
and its designee, , corpus Christi Regional Economic Development Corporation, 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.
1V.
COVENANTS, WARRANTIES, OBLIGATIONS AND DUTIES
in covenants and warranties to Corporation, and agrees to
4.1 DEL MAR makes the feller .
following obligations and duties. Any false or substantially
timely and fully perform the �
herein or failure to timely statement contained and fully perform as required in this
agreement shall be an act of default by DEL MAR. Failure to comply with any one covenant
or warranty shalt constitute an act of default by DEL MAR.
. , proceedingis pending or, to the knowledge of DEL
� . No litigation or governmental
MAR or DEL MAR's officers, threatened against or affecting DEL MAR that may result
in any material adverse change in DEL MARis business, properties, or operations. No
co
approval or authorization of or registration or declaration within any
governmental
authorityis required in connection with the execution of this agreement
or the transactions contemplated hereby.
providedDEL MAR to Corporation or the
.2 No certificate, statement or informationby
City of Corpus Christi in connection with any transaction contemplated hereby,
contains any untrue
statements or fails to state any fact necessary to keep the
statements contained therein from being misleading.
g
.3 To the best
of its knowledge, DEL MAR has acquired and maintained all necessary
permits,and authorityto carry on its business operations in Corpus
rights, licenses, .
continue to use its best efforts to maintain all necessary rights,
Christi, Texas, and will
licenses, permits and authority.
H:LegDirlgws/E oDevDEL ARiDrsftlncentive 4A 071204dean
Page 5 of 17
shall be utilized solelyfor the purpose of offsetting the
.4The funds herein granted
cost of creating and maintainingthe intern assistance for small businesses through
DEL IIAR's Corpus Christi facility.
.5 DEL MAR shall continue its full-time business activities on its property in Corpus
Chr�ti
• , Texas, includingmaintainingemployment its em to ment and investment requirements at
all times throughout the term of this agreement.
.6 DEL MAR shall complete the project required this Agreement and shall provide
q
and staff
the required employment positions, investment, and other economic
development considerations described in this Agreement.
comply .7DEL MARshall timely and
fullywith all of the terms and conditions of this
�
Agreement.
.8 DEL MAR shall notify Corporation tion in writing of substantial changes in management
changes mean changes in Chaimnan of the Board,
within seven days. Substantial
President, C.E.O. or area management.
.9 DEL MAR has received a copy
of the Texas Development Corporation Act of 1979,
Art. 5190.6, Vernon's Texas Revised Civil Statutes, and acknowledges that the funds
granted in this Agreement mustsolely be utilized for purposes authorized under State
law and by the terms of this Agreement.
.10 In the event it is determined byCorporation• d or City of Corpus Christi that funds
provided under this Agreement were
not used in accordance with State law, then DEL
funds to the
MARagrees to repay suchCorporation within 30 days of written notice
requesting reimbursement.
.11 If an audit determines that the
funds were not used for authorized purposes , DEL
MAR agrees to reimburse Corporation oration for the sums of money spent for purposes not
authorized by
law within 30 days written notice requesting reimbursement.
proceedings currentlypending concerning DEL MAR,
.'1 � There are no bankruptcy g
nor are any such proceedings s contem lated by DEL MAR, as of the date of execution
of this Agreement by DEL MAR.
DEL MAR will not discriminate nor permit discrimination against any person or
.'I � � � o r i rr
with regard to employment and the provision of services at, on,
groupof persons,*
.. on the grounds of race, religion, national origin, marital status, sex, age,
the Facility,
disability, or in any manner prohibited the laws of the United States or the State of
Texas.
.14 DEL MAR agrees to
provide information, reports, or staternents respecting its
business operations and financial condition as Corporation may reasonably request
from time to time.
4.2 All representations, warranties, covenants and agreements of the parties, as well as any
rights and benefits of the parties pertaining ainin to the transaction contemplated hereby, shall
survive the original execution date of this agreement.
H LegDirlgws/Eco[ eVDEL MAR/Draftincentive 4A 071204dean
Page 6 of 17
V. S SPE SIOI SITE MII ATIOI S
� its sole discretion, may suspend
.1 Corporation, under the following circumstances,
its obligations under this agreement or terminate this agreement, without liability to DEL
MAR, upon any one of the following events, which are an act of default.
.1 The appointment of a receiver o f DEL MAR,or of all or any substantial part of its
property, and the failure of such receiver to be discharged within sixty (60) days
thereafter.
.2 The adjudication of DEL MAR as bankrupt.
.3 The filing by DEL MAR of a petition or
n answer seekinbankruptcy, receivership
• admitting material allegations of a petition filed against it in any
reorganization, or adrn�tt�ng the
bankruptcy or reorganization proceeding.
VI. DEFAULT
fail to timely, fullyand completely comply with any
."� Events of Default. Should DEL MAR ��
one or more of the requirements, obligations, duties, terms, conditions or warranties of this
agreement such failure shall be an act of default by
DEL MAR and, if not fully and completely
Corporation cured and corrected within sixty days after written notice to do so, p oration nny
terminatethis agreement and pursue
all legal remedies as provided by law, provided
however that DEL MARs liability under this agreement shall be limited to the termination of
�
n under this agreement. Corporation shall not
all further obligations on behalf of Corporation
be liable to DEL MAR for any alleged consequential damages. Additionally, the following
events shall constitute a default of this Agreement:
Cityanyrepresentation or warranty on behalf of
.1 The Corporation or determines that
DEL MAR contained in this Agreement or in any financial statement, certificate, report,
or opinion submitted tp
o the Corporation in connection with this Agreement was
incorrect rrect or misleadingin any material respect when made;
.2 Anyjudgment �s assessedagainst DEL MAR or any attachment or other levy
DEL MAR with respect the property of to a claim remains unpaid,
undischarged, or not dismissed for a period of 30 days.
.3 If taxes on the Facility become delinquent, and DEL MAR fails to timely and
properly follow the legal procedures for protest or contest.
.4 DEL MAR changes the general character of business as conducted of the date this
Agreement is approved by the Corporation.
.5 Foreclosure or sale of the Facility.
.2 Any in roviding notice of default to SEL
delay for any amount of tern by providing
It byCorporation of its
MAR shall in
no event be deemed or constitute a waiver of such d
rights and remedies available under this agreement, or in law or equity.
H:Le Dir/ ws/EcoD vDEL MAR/Draftlnoentive 4A 071204 lean
Page 7 of 17
6.4 Any waiver granted by Corporation tion to DEL MAR of any covenant or condition, the
breach of any covenant or condition this Agreement, or of an act of default shall not be
�t�on of
' waiver of anyother existing or future breach of a covenant or
deemed or constitute or
act of defaultDEL MAR or of a subsequent breach of the same covenant
condition, orby
condition or act of default of the same act or event by DEL MAR.
6.5 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 other occasion of the
covenant or condition or any other covenant or condition of this Agreement.
6.6 AR's default maynot be considered an estoppel
Any waiver or indulgence of DEL M
against the Corporation.
6.7 Results of Uncured
Default. After exhausting good faith attempts to address any
•takinginto account anyextenuating circumstances that
default during the Cure Period, and
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:
.1 DEL MAR shall pay Corporation reasonable attorney fees and costs of court to
collect amounts due to Corporation.
.2 The Corporation shall have no further obligations to DEL MAR under this
Agreement.
.3 Neither the city nor the Corporation be held liable for any consequential
p may
damages.
TheCorporationmaypursue all remedies available under law.
6.8 DEL MAR shall give Corporation written notice of any act of default by Corporation,
days after receipt of the notice to cure the default.
and Corporation shall have thirty� p
Failure by Corporation to timely and fullycure the act of default shall permit DEL MAR to
pursue its legal remedies as provided in this agreement.
V11. CORPORATION'S LIABILITY LIMITATIONS
7/��+
.f��`/�_ally1 agrees that Corporation shall only beliable to DEL
i1 Payments: DEL MAR sec�
grants to be conveyed to DEL MAR and shall not be
MAR for the actual amount of the money�
fable to DEL MAR for any other actual or consequential damages, direct or indirect, interest,
act of defaultCorporation under the terms of this
attorney fees, or costs of court foranby ,
' 'agreed that Corporation shall only be required to pay the
agreement. It �s further specifically p
v urrentl collected, allocated and budgeted
grant amounts solely out of its sales tax revenue e
and to be allocated, budgeted and collected for DEL MAR during the term of this agreement.
sefunds so allocated, budgeted and collected
Payment byCorporation isstrictly limited to tho
solely grant the term of this agreement, being January 1,
2008, through June 15,
t
2009. Corporation shall use
its best efforts to anticipate economic conditions and tobud
understood and agreed that, should the actual total sates
accordingly.ge
However, it is further
tax revenue collected for any one year be
less than the total amount of grants to be paid to all
contracting
'
partes with Corporation for that year, then in that event, all contracting parties
H :LegDirl ws/EcoD vDEL MAR/ raftlncentive 4A 07l 20 cle n
Page 8 of 17
shall receive • only their pro rata share of the available sales tax revenue for that year, less
Corporation'scustomaryand usual costs and expenses, as compared to each contracting
parties'
Corporation shall not be liable to DEL MAR for any
grant amount for that year, and ,
timethis event,Corporation will provide
such deficiencyat that time or at any in the future. in
DEL #11#F shall also
documentation, as requested. Payments to be made to
all supporting
from DEL MARto be accompanied by all necessary supporting
require written requestreceiptof such
' shall have thirtydays to rale payment afterdocurentat�on. �ororat�on payment request. The payment request should be directed to the address provided for
Corporation below.
V1II. DEFINITIONS
As used in this agreement, the
following words or phrases shall have the following meanings:
8.1 City of Corpus Christi or City shall mean the governing municipal corporation, the area
that is within the city limits of the City of Corpus Christi, Texas.
completely performing or meeting each and
8.2 Compliance shall mean timely, fully and
�d in this agreement.
requirement,obligation, duty, condition, or warranty as state
every g
Compliance shall mean complete compliance and shall not mean substantial compliance.
8.3 Act of Default shall mean failure to timely and fully comply with one or more
terms,conditions or warranties, as stated in this
requirements, obligations, duties,
agreement. ent, �rprat •on may, inits sole
discretion,accept substantial compliance in lieu of
full compliance by waiving such act of default solely by an instrument in writing.
8.4 Insolvent shall mean failure to timelydebts in the ordinary course of business or
pay
cannot pay debts as they become due,
or is insolvent within the meaning of the federal
bankruptcy law.
or8.5 flooding, wars, riots
weather such as tornadoes
Force Majeure shall mean severe,
• ' * and essential equipment and supplies from all sources.
and the unavailability of necessary �
IX. GENERAL TERMS
9.1 Effective
of this Agreement("Effective Date")is the latest
Date. The effective date
date that either party executes this Agreement.
9.2 Term. The term of this Agreement is eighteen months from the Effective Date.
• Thisterminatedbymutual agreement of the parties
9.3 Termination. Agreement may be ,
•failureother partyto fulfill an obligation as set forth herein.
or by either party, upon the of the � .. .
extinguish all rights, duties, obligations, and liabilities
The termination of this Agreement shall
thisexcept all rights, duties, liabilities, and obligations
of the parties under Agreement, p
accrued prior to such termination shall survive termination.
ThisAgreement is subject to all legal requirements in the City
9.4Compliancewith Laws.
City of Corpus Christi and all other applicable county,
Charter and Code of Ordinances of the � t p
state, and federal laws. DEL MAshall observe and obey all applicable laws, ordinances,
State,Countyand City governments, as may be
regulations, and rules of the Federal,
H:Le Dirlg r /E OD VDEL MAR/Draftincentive 4A 071204dean
Page 9 of 17
amended or enacted. This Agreement shall be governed by and construed in accordance
with the laws and court decisions of the State of Texas.
9.5 Assignment. This Agreement shall be binding upon the parties hereto and their
successors
and assigns. However, 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
and City. Anyattempted assignment without approval is void, and constitutes a
Corporation �
breach of this Agreement.
9.6 To the extent permitted Texas law, DEL MAR will indemnify,
Indemnity.p
save, and hold harmless the Corporation, the City, their respective officers,
to ee� and agents("Indemnitees'9against all liability, damage, loss, claims,
amp �� f
actions of an kind on account of personal injuries (including, without
demands, and
' " " foregoing, workers' compensation and death claims), or property loss or
limiting the ► , anykind, which arise out of or are in any manner connected with, or are
damage
claimed to arise out of or be in any manner connected with DEL MAR activities
or incidental to this Agreement, including any injury, loss or damage
conducted under
caused by the sole
or contributorynegligence of any or all of the Indemnitees. DEL
MAR must, at its own expense, ense investi ate all those claims and demands, attend to
their settlement or other disposition, defend all actions based on those claims and
demands
with counsel satisfactoryto indemnitees, and pay all charges of attorneys
and all other costs expenses a enses of any kind arising from the liability, damage, loss,
claims, demands, or actions.
9.7 Buy Local Provision. DEL MAR agrees to use its best efforts to give preference and
priority to local manufacturers,suppliers,contractors, and labor, except where not reasonably
possible to so withoutp added expense, ense substantial inconvenience, or sacrifice in operating
efficiency. For the purposes of this section, the term "local" as used to describe
manufacturers,
.
suppliers, leers
contractors, and labor includes firms, businesses, and persons
who
reside in or maintain an office within a 50 -mile radius of Nueces County.
9.8 Notices.
a. Any required written notices shall be sent mailed, certified mail, postage prepaid,
addressed as follows:
Del Mar College:
Del Mar College
Vice President
Business and Finance
101 Baldwin Boulevard
Corpus Christi, Texas 78404
Corporation:
City of Corpus Christi
Business and Job Development Corporation
Attn: Executive Director
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Page 10 of 17
1201 Leopard Street
Corpus Christi, Texas 78401
b. A copyof all notices and correspondence must be sent to the City at the following
�
address:
City of Corpus Christi
Attn.: City Manager
P.O. Box 9277
Corpus Christi, Texas 78469-9277
is effectiveupon deposit in the United States mail in the manner provided
c. Noticep
above,
9.9 Incorporation of other documents.
a. The Corpus Christi Business & Job Development Corporation Guidelines & Criteria
ford
Granting Business Incentives ("Corporation Guidelines"), adopted September 18,
2007, are incorporated into this Agreement.
b. DEL MAR lication submitted to the Corporation for business incentives
("Application")is incorporated into this Agreement.
c. If there
is any conflict in the terms of these documents, the following order controls:
(1) This Agreement,(ii) Corporation Guidelines, (111) Application,
9.10
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.
of Parties. In performingthis Agreement, both the Corporation and DEL
.�I'! Relationship
MAR will act in an individual capacity, and not as agents, representatives, employees,
employers,partners,joint-veriturers, or associates of one another. The employees or agents
partymaynot be,nor be construed to be, the employees or agents of the other party
of either
for any purpose.
9.12 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.
9.13 Severability.
.1 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 b 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
H:LegDirlgwslEcoDevDEL 1ARlDraftin entive 4A 071204dean
Page 11 of 17
this Agreement that every section, paragraph, subdivision, clause, provision, phrase,
or word of this Agreement be given full force and effect for its purpose.
.2 To the extent that any clause or provision is held illegal, invalid, or unenforceable
law effective duringthe term of this Agreement, then the
under present or future
remainder of this Agreement
is not affected by the law, and in lieu of any illegal,
invalid,clause or provision, a clause or provision, as similar in terms
to or unenforceablethe illegal, invalid, or
• unenforceable clause or provision as may be possible and be
legal, valid, and enforceable,
will be added to this Agreement automatically.
9.14 Venue. Venue for any legal action related to this Agreement is in Nueces County,
and waives an objections to, in personum jurisdiction in
Texas. DEL MAR consents t , �
Nueces County, Texas. This agreement and
the relationship between Corporation and DEL
MAR shall be governed and interpreted under the laws of the State of Texas without regard
to any conflict of laws or provisions.
9.15 Sole Agreement. This
' Agreement constitutes the sole agreement between the
DEL MAR. Anyprior agreements, promises, negotiations, or
Corporation and
not expressly stated in this Agreement, are of no force
representations, verbal or otherwise, � �
and effect. Except as otherwise
provided herein, this Agreement cannot be modified or
amended without a written agreement of the parties.
9.16 Counterparts. This Agreement may
be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
Corporation represents that no Corporation board member or
9.17 Representation. p
employee, City of Corpus Christi officer anon employee, has been or will be compensated i� any
bringing the parties hereto together, agreementmanner with respect to directly or indirectlyg
of thisAgreement. or the entering into In no event will DEL MAR pay a fee to or
Corporation board member or employee, City of Corpus
in any manner compensate any p
Christi officer or employee, in
•connection with the acceptance of this Agreement. A breach
this provision (10.17) shall result in automatic and immediate termination of this Agreement,
and shall be an act of default by DEL MAR.
9.18 Other Contracts. it is understood by DEL MAR that Corporation has heretofore
entered, and may hereafter enter, into contracts with other companies or persons upon terms
andconditions different from the terms and conditions of this Agreement, and DEL MAR has
no standing to object whatsoever tosuch contracts or require any modifications or
any
changes to its Agreement due to such other agreements.
employees,and its agents or contractors retained to
9.19Corporation, its officers and
perform economic development servicesCorporation, for Cor oration, shall treat as confidential the
financialtaterr�nts of DEL MAR and
shall not release such information to the public, unless
required by law or court order. Corporation oration shall immediately notify DEL MAR of requests or
court orders to release such information.
9.20 All representations, warranties,
covenants and agreements of the parties, as well as
in to the transaction contemplatedhereby, shall
any rights and benefits of the parties pertaining
survive the original execution date of this agreement.
H:Le Dirlgws/EcoDeVDEL 1ARiDr itlnceritive 4A 071 o4 can
Page 12 of 17
EXECUTED on the date shown opposite the signature of each party.
Corpus Christi Business & Job Development Corporation
By:
Eloy Salazar, Chairperson
Date:
Attest
By:
Armando Cha a, Assistant Secretary
Approved as ti
tit
G ' ry 44
Assistant City Attorney
For City Attorney
tit4�.
H:LegDir/gw JEcoDeVDEL 1 RlDreftlncentive 4A 071 04cdean
Page 13 of 17
15- a .A LI TNnRI�
Del Mar College
By:
Travis Kirkland, Interim President, Del Mar College
Date:
Attest:
By:
Title:
Federal Tax ID No.:
Corporate Seal:
The State of Texas§
County of Nueces§
Before me,{Notary's name), on this day
i to me to
personally appeared Travis Kirkland, Interim President, Del Mar College, known
be
the person whose name is subscribed tot
the foregoing instrument and acknowledged to me
that he executed the same in the capacity stated as
the act of Del Mar College, for the
purposes and consideration expressed in the instrument.
Given under my hand and seal of office this the day
Notary Public, State of Texas
1-1:LegDirigws/EcoDevDEL M RIDraftlncentiVe 4A 07l O c#earl
Page 14 of 17
SCHEDULES
DEL MAR's CONDITIONS
PRECEDENT AND
PERFORMANCE
REQUIREMENTS
Placement of approximately
15 interns with small
businesses in Corpus Christi,
placement based on the
needs of the small business
with the goal of providing the
business with resources that
make the business more
effective acid or provide
growth opportunities. 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. Employment of two
interns for 19 hours per week
and 12 weeks per semester
during the Spring Semester
of 2008, within the Office of
Career Services to assist with
administration and evaluation
of the program.
Placement of approximately
27 interns with small
businesses in Corpus Christi,
placement based on the
needs of the small business
with the goal of providing the
business with resources that
make the business more
effective and/or provide
growth opportunities. The
primary goal of the program
is to provide support to small
businesses in Corpus Christi
that will encourage growth,
retention, economic
SCHEDULE A
DEL MAR's TIME OF
PERFORMANCE
CORPORATION'S
PERFORMANCE
REQUIREMENTS
An amount riot to exceed
$27,005 payable monthly
upon receipt of statements
from Del Mar
An amount not to exceed
$51,958 payable monthly
upon receipt of statements
from Del Mar
H:Le Dir/ ws/EC0DevDEL MAR/Draftincentive 4A 0l1 04 leen
Page 15 of 17
development and job
creation. Employment of two
interns for 19 hours per week
and 12 weeks per semester
during the Fall Semester of
2008, within the Office of
Career Services to assist with
administration and evaluation
of the program.
Placement of approximately
27 interns with small
businesses in Corpus Christi,
placement based on the
needs of the small business
with the goal of providing the
business with resources that
make the business more
effective and/or provide
growth opportunities. 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. Employment of two
interns for 19 hours per week
and 12 weeks per semester
during the Spring Semester
of 2009, within the Office of
Career Services to assist with
administration ion and evaluation
of the program.
January
2009
5 through May 15,
An amount not to exceed
$51,958 payable monthly
upon receipt of statements
from Del Mar
SCHEDULE B
DEL IR' TIME PERFORMANCE
DEL iR'� PERFORMANCE
REQUIREMENTS
__
Providing administrative oversight and
direct BeginningJanuary 15, 2008 and continuing
duringthe Spring and Fall Semesters of 2008
supervision for the
placementof interns in thep
small business employer program. and the Spring Semester of 2009.
og
11egDir/ ws/EcoDevDEL MARIDraftln entive 4A 071204c1ean
Page 16 of 1
SCHEDULE C
DEL MAR's PERFORMANCE
REQUIREMENTS
DEL MAR'S TIME of PERFORMANCE
Create and maintain not less than two intern January '1 through May 15, 2008
(2)
employment positions to assist in the
small business employer intern program for
its facility in Corpus Christi, Nueces es County,
Texas, with an hourly wage of $11.70 per
hour, plus personnel costs during the Spring
Semester of 2008.
Create and maintain not less than two intern
(2) employment positions to assist in the
small business employer intern program for
its facility in Corpus Christi, Nueces County,
Texas, with an hourly wage of $13.10 per
hour plus personnel costs during the Fall
Semester of 2008 and the Spring Semester
of 2009.
August 15 through h De ember 15, 2008 and
January 15 through May 15, 2009
L
H:LegDirlgws/E oD vDEL MAR/Draftincentive 4A 071204dean
Page 17 of 17
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7 & 8)
1, 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.
City Council Action Date: December 11, 2007
Agenda Item:
A. Resolution approving a performance based agreement between the Corpus Christi
Business and Job Development Corporation (4A Board) and Del Mar College
granting $130,921 in business incentives for the operation of an intern program to
assist small businesses in Corpus Christi.
B. Resolution authorizing the City Manager or his designee to execute a project
agreement with the Corpus Christi Business and Job Development Corporation
regarding implementation and administration of the agreement to grant business
incentives to Del Mar College for an intern program to assist small businesses in
Corpus Christi.
Amount Required: $j3!1921
Fund Name
Fund No.
Org. No.
Account
No.
Project No.
Amount
gq gJ,e5 poi be lopi.,
WO
I 50aD
SiinaYo
/30 ?al---
---- - Total
------ ---
/10,qAdi
Certification Not Required
Director of financial Services
Date:
/4/
State of Texas
County of Nueces
PUBLISHER'S AFFIDAVIT
City of Corpus Christi
C18438
Ad # 5766032
PO# e2,0
AUG `;*•'-'
Before me, the undersigned, a Notary Public, this day personally came CRIS
HURTADO, who being first duly sworn, according to law, says that she is
LEGAL SALES REPRESENTITIVE of the Corpus Christi Caller -Times, a daily
newspaper published at Corpus Christi in said City and State, generally
circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes,
Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb
Counties, and that the publication of, Public Hearing City, of Corpus Christi
2007-2008 Proposed Operating Budget, which the annexed is a true copy,
was inserted in the Corpus Christi Caller -Times on 17th Sty 30th , day(s) of
July, 2007.
$ 222, 80
E-MAILED
-7/3/ /07
/t1 troe Arr/1rz
r-
r
LEGAL SAL S REPRESENTIVE
On this 30th day of July, 2007. I certify that the attached document is a true
and an exact copy made by me.
GWENN J. MEDINA
MY COMMISSION EXPIRES
August 2, 2008
Not
-
ic, Nueces County, Texas
• Sunday . June 17, 2007
PUBLIC HEARING
CITY OF CORPUS
CHRISTI 2007-2008
PROPOSED
OPERATING
BUDGET
Public notice is hereby
__given that the City
Council of the City of
Corpus Christi will hold
a public hearing on the
FY 2907-2008
proposed City
operating budget on
July 10, 2007 during
the Council meeting
beginning at 10:00
a.m. in the City Council
Chambers, 1201
Leopard . Street,
Corpus Christi, Texas.
A copy of the FY 2007-
2008 proposed
operating budget is
available for review in
the office of the City
Secretary . or .at any
City public library.
Is/ Armando Chapa
City Secretary
City of Corpus Christi
June 30, 2007. Saturday .
PUBLIC HEARING
CITY OF CORPUS
CHRISTI 2007-2008
PROPOSED
OPERATING,
BUDGET
Public notice is hereby
given that the City
Council of the City of
Corpus Christi will hold
a public hearing on the
FY 2007-2008
proposed City
operating budget on
July 10, 2007 during
the Council meeting
beginning at 10:00
a.m. In the City Council
Chambers, 1201
Leopard Street.
Corpus Christi, Texas.
A copy of the FY 2007-
2008 proposed
operating budget is
available for review in
the office of the City
Secretary or at any
City public library.
!s/ Armando Chapa
City Secretary
City of Corpus Christi