HomeMy WebLinkAbout027534 RES - 12/11/2007Page 1 of '
A RESOLUTION
APPROVING A PERFORMANCE BASED AGREEMENT
BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION (4A BOARD) AND
WORKSOURCE OF THE COASTAL BEND GRANTING $22,74Q
IN BUSINESS INCENTIVES FOR THE OPERATION OF AN
INTERN PROGRAM TO ASSIST SMALL BUSINESSES IN
CORPUS CHRISTI
WHEREAS, EAS, there is a need for an agreement between the Corpus Christi
Business and Job Development Corporation and WorkSource of the Coastal
Bend (WorkSource) to grant $22,740 in business incentives to WorkSource for a
student intern program to assist small businesses in Corpus Christi.
NOW, THEREFORE, E, BE IT RESOLVED ED 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 Board) and WorkSource, which
is attached hereto, is approved.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: December 5, 2007
61-bl‘
11k,
G! Smith
Assistant City Attorney
For the City Attorney
027534
CORP s CHRISTI
N:1LEG-DIF \shared\ aryS a enda1 007112-111F es- \fork ource Incentives.doc
Paget of2'
Corpus Christi, Texas
1
('th- of :0C1t04b€A , 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel'
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael M Cut h n
bs�
-11264-
027534
H:1LEG-DIMSharedl ary \agenda\ 0D 11 -111F e 1 ork ource Incentives.doc
AGREEMENT To GRANT BUSINESS INCENTIVES TIVES To
WORKSOURCE
FOR SMALL BUSINESS ASSISTANCE
This Agreement to Grant Business Incentives for Small Business Assistance ("Agreement") is
entered into by and between the Corpus Christi Business and Job Development Corporation
("Corporation), a Texas nonprofit corporation organized under .A.C.S. Art. 5190.6, Sec. 4A,
with mailing address of 1201 Leopard Street, Corpus Christi, Texas, 78401, and Coastal
Bend Workforce Development Board, ("WORKSOURCE"), a local Workforce board, with
principal place of business at 400 Mann Street, Suite 1000, Corpus Christi, Texas 78401.
1. BACKGROUND
1.1 Purpose of Agreement. Corporation is a tax -supported non-profit corporation, whose
primary income is from sales tax collected within the City of Corpus Christi and dedicated
exclusively to economic development. This sales tax supporting Corporation is authorized as
a local option under Texas Revised Civil Statutes, Art. 5190.6, Sec. 4A. Corporation exists
for the primary purpose of developing, stabilizing, diversifying, and expanding the Corpus
Christi economy through the retention, expansion, and recruitment of employment
opportunities in order 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:
Providing employer outreach activities to support the Internship Project proposed by Texas
A&M University—Corpus Christi and Del Mar College, beginning with the Spring Semester of
2008, continuing through the Fall Semester of 2008, and concluding with the Spring
Semester of 2009, with no activity for the Summer Semester of 2008. The two interns funded
under this Agreement and employed by WORKSOURCE will work with the WORKSOURCE
Business Services Team to research and contact small businesses that may benefit from the
internship program. The goal of the internship program is to contact 100 small business
employers to participate in the University and College internship programs. The interns will
refer the small business employers to the University and College. The interns will work
twenty (20) hours per week for twelve (12) weeks during each semester. WORKSOURCE
URGE
will provide funding for the interns compensation above the funds granted by this Agreement
and will provide administrative oversight, direct supervision, and workplace resources for the
interns. WORKSOURCE 11 CE agrees that it shall 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 $11.75 per hour, plus
personnel costs during the Spring and Fall Semesters of 2008 and an hourly wage of $13.10
per hour plus personnel costs during the Spring Semester of 2009. The performance
requirements shall be continuously maintained during the entire term of this agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants,
warranties, and agreements of the parties, it is agreed as follows:
Page 1 of 17
11. ECONOMIC BENEFITS AND INCENTIVES AI PERFORMANCE REQUIREMENTS
2.1 Y THE CORPUS S CHRISTI BUSINESS AND JOB E 1ELOPMENT CORPORATION
.1 Monpy Grant: Corporation will convey by grant to WORKSOURCE a total
of Twenty-two Thousand Seven Hundred Forty Dollars ($22,740.00), as set forth in
Schedule A, subject to the performance requirements of WORKSOURCE and the
conditions precedent set forth in Schedule A.
Failure by Corporation to timely and fully comply with any performance requirement
shall be an act of default by Corporation giving WORKSOURCE, URGE, as its sole remedy,
the right to the contracted amount to be conveyed and further being limited to the
terms and conditions contained in Article VII, paragraph 7.1, hereof.
WORKSOURCE's
CONDITIONS PRECEDENT
AND PERFORMANCE
REQUIREMENTS
SCHEDULE A
WORKSOURCE's TIME OF
PERFORMANCE
Employment of two interns January '15 through May 15,
for 20 hours per week and 12 2008
weeks per semester during
the Spring Semester of 2008,
with a goal of contacting 100
small business employers to
participate in the internship
program, referring small
business employers to Texas
A&M University Corpus
Christi and Del Mar College,
providing follow-up on
contacts, with
WORKSOURCE providing
administrative oversight,
direct supervision, and
workplace resources for the
interns.
CORPORATION'S
PERFORMANCE
REQUIREMENTS
An amount not to exceed
$7,020payable in monthly
installments based upon
invoices received from
WORKSOURCE
Employment of two interns August 15 through December
for 20 hours per week and 12 15, 2008
weeks per semester during
the Fall Semester of 2008,
with a goal of contacting 100
small business employers to
in the internship
participate
program, referring small
business employers to Texas
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An amount not to exceed
$7,860 payable in monthly
installments based upon
invoices received from
WORKSOURCE
A&M University—Corpus
Christi and Del Mar College,
providing follow-up on
contacts, with
WORKSOURCE providing
administrative oversight,
direct supervision, and
workplace resources for the
intens.
Employment of two interns
for 20 hours per week and 12
weeks per semester during
the Spring Semester of 2009,
with a goal of contacting 100
small business employers to
participate in the internship
program, referring small
business employers to Texas
A&M University—Corpus
Christi and Del Mar College,
providing follow-up on
contacts, with
WORKSOURCE providing
administrative oversight,
direct supervision, and
workplace resources for the
interns,
2.2 BY WORKSOURCE
January 15 through_1 Iay 15,
2009
An amount not to exceed
$7,860 payable in monthly
installments based upon
invoices received from
WORKSOURCE
1
.1 Investment—Facility: WORKSOURCE is not required to make a capital
investment, however WORKSOURCE shall perform the performance requirements as
set forth in Schedule B.
FailureY WORKSOURCE RCE to timely and fully comply and to continue to comply with
any performance requirement of this agreement shall be an act of default.
SCHEDULE
WORKSOURCE's PERFORMANCE
REQUIREMENTS
Providing administrative oversight at the
Board and field staff level; direct supervision
at the field staff level; and workplace
resources, computers, telephones, and the_
WORKSOURCE's TIME OF
PERFORMANCE
Beginning January 15, 2008 and continuing
during the Spring and Fall Semesters of 2008
and the Spring Semester of 2009.
H:LegDirlgws/EcoC ev vORK OURCE/Draftlncefltive 4A O 1914cIeafl
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administrative costs to process the pay of the
two interns in the small business employer
outreach campaign.
.2 Employment:
WORKSOURCE shall comply with the employment requirements set forth in Schedule
C.
FailureY WORKSOURCE to timely and fully comply and to continue to comply with
any performance requirement of this agreement shall be an act of default.
SCHEDULE C
WORKSOURCE's PERFORMANCE
REQUIREMENTS
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 $11.70 per
hour, plus personnel costs during the Spring
Semester of 2008.
WORKSOURCE's URCE' TIME OF
PERFORMANCE
January '15 through inlay 15, 2008
Create and maintain not Tess 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 December 15, 2008 and
January 15 through May 15, 2009
111. REPORTING AND MONITORING
G
3.1 Reports and Monitoring: 1l ORKSOU CE agrees to the following reporting and
monitoring rovisions, and failure to fully and timely comply with any one requirement shall
constitute an act of default.
.1 WORKSOURCE shall provide a report at the end of each semester certifying
the status of compliance through the life of the agreement. Documentation for jobs
may be in the form of quarterly IRS 941 returns, WORKSOURCE URGE employer Quarterly
H:LegD rigws/EcoDevWOR CUF C /Draftlncen iv 4A 071114d ean
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Reports, or employee rosters that show the hours worked and the positions filled, and
such other reports as may reasonably be required.
.2 WORKSOURCE, during normal working hours, at its Corpus Christi, Texas,
facility, shall allow Corporation and its designee, Corpus Christi Regional Economic
Development Corporation, reasonable access to WS URCE'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 rnaintained
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.
IV. COVENANTS, TS, WAF AI TIES, OBLIGATIONS AND DUTIES
4.1 WORKSOURCE makes the following covenants and warranties to Corporation, and
agrees to timely and fully perform the following obligations and duties. Any false or
substantially misleading statement contained herein or failure to timely and fully perform as
required in this agreement shall be an act of default by WORKSOURCE. Failure to comply
with any one covenant or warranty shall constitute an act of default by WORKSOURCE.
.1 No litigation or governmental proceeding is pending or, to the knowledge of
WORKSOURCE or WORKS U CE's officers, threatened against or affecting
WORKSOURCE that may result in any material adverse change in WRKS JRCE's
business, properties, or operations. No consent, approval or authorization of or
registration or declaration within any governmental authority is required in connection
with the execution of this agreement or the transactions contemplated hereby.
.2 No certificate, statement or information provided by WORKSOURCE to Corporation
or the 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.
.3 To the best of its knowledge, WORKSOURCE has acquired and maintained all
necessary rights, licenses, permits, and authority to carry on its business operations in
Corpus Christi, Texas, and will continue to use its best efforts to maintain all necessary
rights, licenses, permits and authority.
.4 The funds herein granted shall be utilized solely for the purpose of offsetting the
cost of creating and maintaining the two (2) intern employment positions at
vKs10E's Corpus Christi facility.
.5 WORKSOURCE shall continue its full-time business activities on its property in
Corpus Christi, Texas, including maintaining its employment and investment
requirements at all times throughout the term of this agreement.
.6 WORKSOURCE 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:LegDirIgws/Ec0D ORKSOU CE/Draftlncentive 4A 07111 clean
Page 5 of 17
.7 WORKSOURCE shall timely and fully comply with all of the terms and conditions of
this Agreement.
.8 WORKSOURCE shall notify Corporation in writing of substantial changes in
management within seven (7) days. Substantial changes mean changes in Chairman
of the Board, President, C.E.O. or area management.
.9 WORKSOURCE 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 must be utilized solely for purposes authorized under
State law and by the terms of this Agreement.
.10 In the event it is determined by Corporation or City of Corpus Christi that funds
provided under this Agreement were not used in accordance with State law, then
WORKSOURCE CE agrees to repay such funds to the Corporation within 30 days of
written notice requesting reimbursement.
.11 If an audit determines that the funds were not used for authorized purposes ,
WORKSOURCE agrees to reimburse Corporation for the sums of money spent for
purposes not authorized by law within 30 days written notice requesting
reimbursement.
.12 There are no bankruptcy proceedings currently pending concerning
WORKSOURCE, nor are any such proceedings contemplated by WORKSOURCE, as
of the date of execution of this Agreement by WORKSOURCE.
.13 WORKSOURCE 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.
.14 WORKSOURCE agrees to provide information, reports, or statements 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 to the transaction contemplated hereby, shall
survive the original execution date of this agreement.
V. SUSPENSIONS/TERM1NATIONS
5.1 Corporation, under the following circumstances, and at its sole discretion, may suspend
its obligations under this agreement or terminate this agreement, without liability to
WORKSOURCE, upon any one of the following events, which are an act of default.
.1 The appointment of a receiver of WORKSOURCE, CE, or of all or any substantial part
of its property, and the failure of such receiver to be discharged within sixty days
thereafter.
H:..egDirlgws/Ec0DevWOF KSOUF CE/Draflneen#Uve 4A 07111 lean
Page 6 of 17
.2 The adjudicati
6.5 Any waiver or indulgence of vFKSCE's default may not be considered an
estoppel against the Corporation.
6.6 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 WORKSOURCE, 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 WORKSOURCE 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 WORKSOURCE under this
Agreement,
.3 Neither the City nor the Corporation may be held liable for any consequential
damages.
.4 The Corporation may pursue all remedies available under lay.
6/ WORKSOURCE CE shall give Corporation written notice of any act of default by
Corporation, and Corporation shall have thirty (30) days after receipt of the notice to cure the
default. Failure by Corporation to timely and fully cure the act of default shall permit
WORKSOURCE to pursue its legal remedies as provided in this agreement.
VII. CORPORATION'S LIABILITY LIMITATIONS
7.1aY r ents: WORKSOURCE specifically agrees that Corporation shall only be liable
to WORKSOURCE for the actual amount of the money grants to be conveyed to
WORKSOURCE and shall not be liable to WORKSOURCE for any other actual or
consequential damages, direct or indirect, interest, attorney fees, or costs of court for any act
of default by Corporation under the terms of this agreement. It is further specifically agreed
that Corporation shall only be required to pay the grant amounts solely out of its sales tax
revenue currently collected, allocated and budgeted and to be allocated, budgeted and
collected for WORKSOURCE during the term of this agreement. Payment by Corporation is
strictly limited to those funds so allocated, budgeted and collected solely during the grant
term of this agreement, being January 1, 200 8, through June 15, 2009. Corporation shall use
its best efforts to anticipate economic conditions and to budget accordingly. 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, Tess 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 WORKSOURCE for any such deficiency at that
time or at -any time in the future. In this event, Corporation will provide all supporting
documentation, as requested. Payments to be made to WORKSOURCE shall also require a
written request from WORKSOURCE KSO RCE to be accompanied by all necessary supporting
documentation. Corporation shall have thirty 30_ days to make payment after receipt of
H :Leg Dirl wslEcoD evW0 R KS URCVDraftlr ent' ve 4A 071114 lean
Page 8 of 17
payment payment request. The re uest should be directed to the address provided for
Corporation below.
VIII. DEFINITIONS
ITIo s
As used in this agreement, the following words or phrases shall have the following meanings:
81 City CorpusCity of Christi or shall mean the governing municipal corporation, the area
that is within the city limits of the City of Corpus Christi, Texas.
shall mean timely,fullyand completely performing or meeting each and
8.2 Compliance p
every requirement, obligation, duty, condition, or warranty as stated in this agreement.
om
Compliance shalt mean complete compliance and shall not mean substantial compliance.
pp
8.3 Act of Default shall mean failure to timely and fully comply with one or more
requirements, obligations, duties, terms, conditions or warranties, as stated in this
agreement. Corporation may, i nin its 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 timely pay debts in the ordinary course of business or
insolvent pay
debts as theybecome due, or is within the meaning of the federal
bankruptcy law.
8.5 Force Majeure shall mean severe weather such as tornadoes or flooding, wars, riots
and the unavailability necessary and essential equipment and supplies from all sources.
IX. GENERAL TERMS
9.1 Effective Date. The effective date of this Agreement ("Effective Date") is the latest
date that either party executes this Agreement.
9.2 Term. The term of this Agreement is eighteen months from the Effective Date.
9.3 Termination. . This Agreement may be terminated by mutual agreement of the parties
' upon the failure ofthe other party to fulfill an obligation as set forth herein.
or by either party, p
this Agreement shall extinguish all rights, duties, obligations, and liabilities
The termination of�. , .
of theparties under this Agreement, except all rights, duties, liabilities, and obligations
accrued prior to such termination shall survive termination.
9.4 Compliance ��� 1 Laws. This reement is subject to all legal requirements in the City
Charter and Code of Ordinances of the Cityof Corpus Christi and all other applicable county,
state, and federal laws. WORKSOURCE shall observe and obey all applicable laws,
ordinances, regulations, and rules of the Federal, State, County and City governments, as
may be 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, WORKSOURCE may riot assign all or any part of its
rights, privileges, es or duties under this Agreement without the prior written approval of the
H:Le Dir/gws/E De W F S OF E/Dr ftln entiv 4A 0711 Mean
Page 9 of 17
Corporation and City. Any aftempted assignment without approval is void, and constitutes a
breach of this Agreement.
9.6 Indemnity. To the extent permitted by law,.WORKSOURCE will 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 WORKSOURCE 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. WORKSOURCE
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 other
costs and expenses of any kind arising from the liability, damage, loss, claims,
demands, or actions.
9.7 Buy Local Provision. WORKSOURCE agrees to use its best efforts to give preference
and priority to local manufacturers, suppliers, contractors, and labor, except where not
reasonably possible to do so without added expense, substantial inconvenience, or sacrifice
in operating efficiency. For the purposes of this section, the tern "local" as used to describe
manufacturers, suppliers, 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 mall, postage prepaid,
addressed as follows:
Coastal Bend Workforce Development Board:
WorkSource of the Coastal Bend
c/o Larry Demieville
Director of Business Development
400 Mann Street, Suite 1000
Corpus Christi, Texas 78401
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 seat to the City at the following
address:
H;LegDirlgws/E oDevWORK o RCE/Draft!ricentiv 4A 071114dean
Page 10 of 17
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
p p
above.
9.9 Incorporation of other documents.
a. The Corpus Christi Business & Job Development Corporation Guidelines & Criteria
for Granting Business Incentives ("Corporation Guidelines"), adopted September 18,
2007, are incorporated into this Agreement.
b. WORKSOURCE application 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:
(i) This Agreement,(ii) Corporation Guidelines,(iii) 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.
9.11elationship of Parties. In performing this Agreement, both the Corporation and
WORKSOURCE will act in an individual capacity, and not as agents, representatives,
employees, em to ers, 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.
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, anysection, 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.
.2 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 thisAgreement 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
H:Le Dirf ws/EcoD vWORKSO RCE/Dr ftincenti a 4A 0711l4clean
Page 1 1 of 1
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.
9.14 Venue. Venue for any legal action related to this Agreement is in Nueces County,
Texas. WORKSOURCE URGE consents to, and waives any objections to, in personum jurisdiction
in Nueces County, Texas. This agreement and the relationship between Corporation and
WORKSOURCE URGE 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
Corporation and WORKSOURCE. Any prior agreements, promises, negotiations, or
representations, verbal or otherwise, not expressly stated in this Agreement, are of no force
and effect. Except as otherwise provided herein, this Agreement cannot be modified or
amended without a written agreement of the parties.
9.16 Counterparts. Thisg reement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
9.17 Representation. Corporation represents that no Corporation board member or
employee, City of Corpus Christi officer or employee, has been or will be compensated in any
manner with respect to directly or indirectly bringing the parties hereto together, agreement
negotiations, or the entering into of this Agreement. In no event will WORKSOURCE pay a
fee to or in any manner compensate any Corporation board member or employee, City of
Corpus Christi officer or employee, in connection with the acceptance of this Agreement. A
breach of this provision (10.17) shall result in automatic and immediate termination of th1s
Agreement, and shall be an act of default by WORKSOURCE.
9.18 Other Contracts. It is understood by WORKSOURCE URGE that Corporation has heretofore
entered, and may hereafter enter, into contracts with other companies or persons upon terms
and conditions different from the terms and conditions of this Agreement, and
WORKSOURCE has no standing to object whatsoever to any such contracts or require any
modifications or changes to its Agreement due to such other agreements.
9.19 Corporation, its officers and employees, and its agents or contractors retained to
perform economic development services for Corporation, shall treat as confidential the
financial statements of WORKSOURCE and shall not release such information to the public,
unless required by law or court order. Corporation shall immediately notify WORKSOURCE
of requests or court orders to release such information.
9.20 All representations, warranties, covenants and agreements of the parties, as well as
any rights and benefits of the parties pertaining to the transaction contemplated hereby, shall
survive the original execution date of this agreement.
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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 Chaps, Assistant Secretary
Approved as to tom: la -5-01
iipAu
G ' %Smith
Assistant City Attorney
For City Attorney
:Leg[ irlg s/EcoD WOF S F E/ ra In ntiv 4A O7l11 cle n
Page 13 of 1
Coastal Bend Workforce evel ment Board
dba WorkSource of the Coastal Bend
:
Larry Demieville, Director of Business Development
Date:
Attest:
By:
Title:
Federal Tac ID No.:
Corporate Seal:
The State of Texas§
County of Nueces§
Before me, (Notary's name), on this day
personally appeared Larry Demieville, Director of Business Development of Coastal Bend
Workforce Development Beard, dba WorkSource of the Coastal Bend, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that
he executed the same in the capacity stated as the act of WorkSource, a local Workforce
Board, for the purposes and consideration expressed in the instrument.
Given under my hand and seal of office this the day of _- , Zoo,
Notary Public, State of Texas
H:LegCilr/gws/EcoDevWoRKSoURCE/ ratln eftive 4A 071114clean
age 14 of 1
WORKSOURCE's
CONDITIONS PRECEDENT
AND PERFORMANCE
REQUIREMENTS
Employment of two interns
for 20 hours per week and 12
weeks per semester during
the Spring Semester of 2008,
with a goal of contacting 100
small business employers to
participate in the internship
program, referring small
business employers to Texas
A&M University—Corpus
Christi and Del Mar College,
providing follow-up on
contacts, with
WORKSOURCE providing
administrative oversight,
direct supervision, and
workplace resources for the
interns.
SCHEDULES
SCHEDULE A
WORKSOURCE's TIME OF
PERFORMANCE
January
2008
Employment of two interns
for 20 hours per week and 12
weeks per semester during
the Fall Semester of 2008,
with a goal of contacting 100
small business employers to
participate in the internship
program, referring small
business employers to Texas
A&M University corpus
Christi and Del Mar College,
providing follow --p on
contacts, with
WORKSOURCE RCE providing
administrative oversight,
direct supervision, and
workplace resources for the
interns.
[mp1oyment of two inter is
for 20 hours per week and 12
through May 15,
CORPORATION'S
PERFORMANCE
REQUIREMENTS
An amount not to exceed
$7,020 payable in monthly
installments based upon
invoices received from
WORKSOURCE
August 15 through December
15, 2008
An amount not to exceed
$7,020 payable in monthly
installments based upon
invoices received from
WORKSOURCE
January 1 through_May 15,
H:LegC irlgws/Ecol evWOR SOUi CEJDrafIncentive 4A 0711l4clean
Page 15 of 17
An amount not to exceed
x$7,020 pyabIe in monthly
weeks per semester during 2009
the Spring Semester of 2009,
with a goal of contacting 100
small business employers to
participate in the internship
program, referring small
business employers to Texas
A&M University Corpus
Christi and Del Mar College,
providing follow-up on
contacts, with
WORKSOURCE providing
administrative oversight,
direct supervision, and
workplace resources for the
interns.
installments based upon
invoices received from
WORKSOURCE
SCHEDULE B
WORKSOURCE's PERFORMANCE
REQUIREMENTS
Providing administrative oversight at the
Board and filed staff level; direct supervision
at the field staff level; and workplace
resources, computers, telephones, and the
administrative costs to process the pay of the
two interns in the small business employer
outreach campaign.
WORKSOURCE's RCE's TIME OF
PERFORMANCE
Beginning January 15, 2008 and continuing
during the Spring and Fall Semesters of 2008
and the Spring_Semester of 2009.
SCHEDULE C
WORKSOURCE's PERFORMANCE
REQUIREMENTS
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 $1'1.70 per
hour, plus personnel costs during the Spring
Semester of 2008.
WORKSOURCE's SOURCE's TIME OF
PERFORMANCE
January 15 through May 15, 2008
H:LegDir/gws/Ec D vW I OF E/Draftin efltiv 4A 071114clean
Page 16 of 17
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 $13.1O per
hour plus personnel costs during the Fall
Semester of 2008 and the Spring Semester
of 2009.
August 15 through December 15, 2008 and
January 15 through May 15, 2009
H:LegDir/gws/EcoDev llOR SOURCE/Draftlncentive 4A 0711 4clean
Page 17 of 1
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 perforrnance based agreement between the Corpus Christi
Business and Job Development Corporation (4A Board) and WorkSource of the
Coastal Bend granting $22,740 in business incentives for the operation of an intern
program to assist small businesses in Corpus Christi,
B. Resolution authorizing the City Manager of 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 WorkSource of the Coastal Bend for an intern program to assist small
businesses in Corpus Christi.
Amount Required: $2274O
Fund Name
V t e 1, t f
Fund No.
Org. No.
Account
Project No.
Amount
PirS5R int
1190
J50?i-�
D,'731b
Total
---
Lit)
Certification Not Required
AL:2-C:
Director of F n iai Services
Date: l