Loading...
HomeMy WebLinkAbout027536 RES - 12/11/2007Page 1 61,2 A RESOLUTION APPROVING A PERFORMANCE BASED AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION (4A BOARD) AND SCORE CHAPTER 221 GRANTING $29,'!67 IN BUSINESS INCENTIVES FOR THE OPERATION OF A PROGRAM TO ASSIST SMALL AND START-UP BUSINESSES IN CORPUS CHRISTI WHEREAS, there is a need for an agreement between the Corpus Christi Business and Job Development Corporation and SCORE Chapter 221 (SCORE) to grant $29,167 in business incentives to SCORE for a program to assist small and start-up businesses in Corpus Christi. NOW, THEREFORE, E, E 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 SCORE, which is attached hereto, is approved. ATTEST: Armando Chapa City Secretary APPROVED as to form: December 5, 2007 G.r '. Smith Assistant City Attorney For the City Attomer CITY OF ORPUS HRISTI He ry arre Mayor 02'7536 H:1LEG-DIF \Shared\ ary \agenda120 7112-11\ es -SCORE Incentiv s.do Page 2 of ,2 Corpus risti, Texas I rill of lice 11`1 bQ r 2007 The above resolution was passed by the fallowing vote: Henry Garrett Melody Cooper Larry Elizorido, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael M C t hon 027536 H:1LEG-DIF I hared\ ary \ gendaI2007I12- l 1\ s -SCORE Incentives.doc AGREEMENT TO GRANT BUSINESS INCENTIVES TO SCORE CHAPTER 221 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 SCORE Chapter 221, "SCORE "), a nonprofit association, with principal place of business at 3649 Leopard Street, Suite 411, Corpus Christi, Texas 78408. 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 assistance to small businesses and persons and entities desiring to begin and operate a small business in Corpus Christi by mentoring clients, conducting workshops, advising clients as to business plans, pro formas, form of business entity, financial implications, and all other aspects of small business operations. SCORE will retain an executive assistant/coordinator to assist the SCORE volunteers in administering the assistance program. SCORE will engage in a limited advertising campaign to publicize the assistance program. The performance requirements shall be continuously maintained during the entire term of this agreement. NOW, THEREFORE, r E, in consideration of the premises and of the mutual covenants, warranties, and agreements of the parties, it is agreed as follows: 11. ECONOMIC BENEFITS AND INCENTIVES AND PERFORMANCE REQUIREMENTS 2.1 BY THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION .1 Mone rant: Corporation will convey by grant to SCORE a total of Twenty-nine Thousand One Hundred Sixty-seven Dollars ($29,'167), as set forth in Schedule A, subject to the performance requirements of SCORE 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 SCORE , 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. H:1LEG-DIFF\ hared\ ary \agend \200 \12-11 \SCORE Development Agreement Draft 071204olean.dee Page 1 of 1 SCORE 's CONDITIONS PRECEDENT AND PERFORMANCE REQUIREMENTS SCHEDULE A SCORE 's TIME OF PERFORMANCE Employment of an executive assistant/coordinator on a full-time basis (1213 hours per year) to assist the SCORE volunteers to provide assistance to small businesses and persons and entities desiring to begin and operate a small business in Corpus Christi by mentoring clients, conducting workshops, advising clients as to business plans, pro formas, form of business entity, financial implications, and all other aspects of small business operations; and conduct a limited advertising campaign to publicize the assistance program to small businesses. 2.2 BY SCORE January 1 through July 31, 2008 CORPORATION'S PERFORMANCE REQUIREMENTS $29,'167 payable within 30 days of invoicing for expenses under this agreement. .1 Investment—Facility: SCORE is not required to make a capital investment, however SCORE shall perform the performance requirements as set forth in Schedule B. Failure by SCORE to timely and fully comply and to continue to comply with any performance requirement of this agreement shall be an act of default. SCORE 's PERFORMANCE REQUIREMENTS SCHEDULE Providing 944 hours of general and technica services to small businesses through volunteer counselors. SCORE 's TIME OF PERFORMANCE Beginning January 1, 2008 and continuing until July 31, 2008. H:1LEG-DIR\Shared\ ary lagenda12007\12-1 I \SCORE Development Agreement Draft 071204clean.doc Page 2 of 15 .2 Employment: SCORE shall comply with the employment requirements set forth in Schedule C. Failure by SCORE 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 SCORE 's PERFORMANCE REQUIREMENTS MANCE SCORE 's TIME OF PERFORMANCE Create and maintain not fess than one contract executive assistant/coordinator position with an average annual salary of $25,000. January 15, 2008 111. REPORTING TING AND MONITORING 3.1 Reports and Monitoring: SCORE agrees to the following reporting and monitoring provisions, and failure to fully and timely comply with any one requirement shall constitute an act of default. .1 SCORE shall provide an annual report certifying the status of compliance through the life of the agreement. Documentation for jobs may be in the form of quarterly IRS 941 returns, SCORE 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 SCORE, 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 SCORE 's Facility to allow Corporation to verify construction progress. .3 SCORE, 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 SCORE '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 shalt be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. FIALEG-DIR‘Shared\GaryS\agenda\2007\12-11\SCORE Development Agreement Draft 071204clean.doc Page 3 of 1 IV. COVENANTS, WAF AI TIES, OBLIGATIONS AND DUTIES 4.1 SCORE 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 SCORE. Failure to comply with any one covenant or warranty shall constitute an act of default by SCORE. 1. SCORE is duly organized, validly existing, and in good standing and authorized to do business in the State of Texas under the laws of the State of Texas, has all power and authority to carry on its business as presently conducted in Corpus Christi, Texas. .2 The execution of this agreement has been duly authorized by SCORE 's board of directors, and the officer signing this agreement is an officer of the organization, empowered to execute such agreement and bind the organization, said authorization, signing and binding effect is not in contravention of any law, rule or regulation, or the provisions of SCORE 's by-laws, or of any agreement or instrument to which SCORE is a party or by which it may be bound, such authority to be evidenced by an organizational resolution, attached hereto at the time of execution. SCORE has the authority to enter into and perform, and will perform, the terms of this Agreement. .3 SCORE has timely filed and will timely file all local, State, and Federal fax reports and returns required by law to be filed and all taxes, assessments, fees, and other governmental charges, including applicable and valorem and employment taxes, have been timely paid, and will be timely paid, during the term of this Agreement. .4 No litigation or governmental proceeding is pending or, to the knowledge of SCORE or SCORE 's officers, threatened against or affecting SCORE that may result in any material adverse change in SCORE '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. .5 No certificate, statement or information provided by SCORE 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. .6 To the best of its knowledge, SCORE 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. .7 The funds herein granted shall be utilized solely for the purpose of offsetting the cost of creating and maintaining the one (1) employment position at SCORE 's Corpus Christi facility. .8 SCORE 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. F-I:\LEG-DIF \ har dl ar ‘agenda‘200711 2-1 1 \SCORE Development Agreement Draft 071204clean.doc Page4of 15 .9 SCORE 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. .10 SCORE shall timely and fully comply with all of the terms and conditions ofthi Agreement. .11 SCORE shall notify Corporation in writing of substantial changes in management within seven days. Substantial changes mean changes in Chairman of the Board, President, C.E.O. or area management. .12 SCORE has received a copy of the Texas Development Corporation Act of 1979, Art. 5190.6,ernn' 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. .13 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 SCORE agrees to repay such funds to the Corporation within 30 days of written notice requesting reimbursement. .14 If an audit determines that the funds were not used for authorized purposes, SCORE agrees to reimburse Corporation for the sums of money spent for purposes not authorized by taw within 30 days written notice requesting reimbursement. ment. .15 There are no bankruptcy proceedings currently pending concerning SCORE, nor are any suchp reedings contemplated by SCORE, as f the date of execution of this Agreement by SCORE. .16 SCORE 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. .17 SCORE agrees to provide information, reports, or statements respecting its business operations and financial condition as Corporation may reasonably request from time to time. *2 Alt 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 and recapture from SCORE any f the money grants or consideration paid by Corporation to SCORE, without liability to SCORE, upon any one of the following events, which are an act of default. H: LE -DIR\ hared\ ary ‘agenda‘2007‘12-11 \SCORE Development Agreement Draft 071204cIean.dee Page 5 of 15 .1 The appointment of a receiver of SCORE, 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 SCORE as bankrupt. .3 The filing by SCORE of a petition or an answer seeking bankruptcy, receivership, reorganization, or admitting the material allegations of a petition filed against it in any bankruptcy or reorganization proceeding. VI. DEFAULT 6.1 Events of Default. Should SCORE fail to timely, fully and completely comply with any one or more of the requirements, obligations, duties, terms, conditions or warranties of this agreement such failure shall be an act of default by SCORE and, if not fully and completely cured and corrected within sixty days after written notice to do so, Corporation may terminate this agreement and pursue all legal remedies as provided by law, provided however that SCORE's liability under this agreement shall be limited to the recapture from SCORE any of the money grants or consideration paid by Corporation to SCORE under this agreement. Corporation shall not be liable to SCORE for any alleged consequential damages. Additionally, the following events shall constitute a default of this Agreement: .1 The Corporation or City determines that any representation or warranty on behalf of SCORE 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; .2 Any judgment is assessed against SCORE or any attachment or other levy against the property of SCORE with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. .3 If taxes on the Facility become delinquent, and SCORE fails to timely and properly follow the legal procedures for protest or contest. .4 SCORE changes the general character of business as conducted of the date this Agreement is approved by the Corporation. 6.2 In the event of unforeseeable third party delays in the performance of this Agreement or force majeure and upon a reasonable showing by SCORE that it has immediately and in good faith commenced and is diligently and continuously pursuing the correction, removal or abatement of such delays by using its best efforts, Corporation may consent to and excuse such delays, which consent and excuse shall not be unreasonably withheld. Failure by SCORE to use its best efforts as required in this paragraph shall be an act of default. Force majeure means severe weather such as tornadoes or flooding, named storms or hurricanes, wars, riots, and the unavailability of necessary and essential equipment and supplies from all sources. 6.3 Any delay for any amount of time by Corporation in providing notice of default to SCORE shall in no event be deemed or constitute a waiver of such default by Corporation of its rights and remedies available under this agreement, or in law or equity. H:1LEG-DIFF\ h red\ ary la enda120 7‘12-11 \SCORE Development Agreement Draft O7120olean.doc Page 6 of 15 6.4 Any waiver granted by Corporation to SCORE of any covenant or condition, the breach of any covenant or condition of this Agreement, or of an act of default shall not be deemed or constitute a waiver of any other existing or future breach of a covenant or condition, or act of default by SCORE or of a subsequent breach of the same covenant or condition or act of default of the same act or event by SCORE. 6.5 o waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies oor authorizes the nonobservanceon any other occasion of the covenant or condition or any other covenant or condition of this Agreement. 6.6 Any raiv r or indulgence of SCO E's default may not be considered an estoppel against the Corporation. 6.7 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 SCORE, 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 SCORE shallp Corporation oration reasonable attorney fees and costs of court to collect amounts due to Corporation. .2 The Corporation shall have no further obligations to SCORE 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 law. 6.8 SCORE shall give Corporation written notice of any act of default by Corporation, and Corporation shall have thin (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 SCORE to pursue its legal remedies as provided in this agreement. Vit. CORPORATION'S LIABILITY LIMITATIONS 7.1 Payments: SCORE specifically agrees that Corporation shall only be liable to SCORE for the actual amount of the money grants to be conveyed to SCORE and shall not be liable to SCORE 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 furtherspecifically agreed that Corporation shall only be required to pay the grant amounts solelyout of its sales tax revenue currently collected, allocated and budgeted and to be allocated, budgeted and collected for SCORE 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, 2008, through July 31, 2008. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. H ev r, it is further understood and agreed that, should the actual total sales tax revenue collected for any oney ear 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 theirp ro rata share of the available sales tax revenue for that year, less H:1LEG-DIR hard\ ary lag nda12OO711-11\SCORE Development Agreement Draft 071204clean.doc Page 7 of 15 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 SCORE 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 SCORE shall also require a written request from SCORE to be accompanied by all necessary supporting documentation. Corporation shall have forty-five days to make payment after receipt of such payment request. The payment request should be directed t the address provided for Corporation below. VIII. 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 f the City of Corpus Christi, Texas. 8.2 Compliance shall mean timely, fully and completely performing or meeting each and every requirement, obligation, duty, condition, or warranty as stated in this agreement. 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 requirements, obligations, duties, terms, conditions or warranties, as stated in this agreement. Corporation may, in 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 cannot pay debts as they become due, or is insolvent within the meaning of the federal bankruptcy law. 8.5 Force Majeure shall mean severe weather such as tornadoes r flooding, named storms or hurricanes, wars, riots and the unavailability of necessary and essential equipment and supplies from all sources. IX. GENERAL TERMS 9.1 Effective Date. The effective date of this Agreement "Effective Data is the latest date that either party executes this Agreement. 9.2 Term. The term of this Agreement is seven months from the Effective Date with an option to renew for one year upon mutual consent of both parties. 9.3 Termination. This Agreement may be terminated by mutual agreement of the parties or by either party, upon the failure of the other party to fulfill an obligation as set forth herein. The termination of this Agreement shall extinguish all rights, duties, obligations, and liabilities of the parties under this Agreement, except all rights, duties, liabilities, and obligations accrued prior to such termination shall survive termination. 9.4 Compliance with Laws. This Agreement is subject to all legal requirements in the City Charter and Code of Ordinances of the City of Corpus Christi and all other applicable county, state, and federal laws. SCORE shall observe and obey all applicable laws, ordinances, H:ILE -DIR\ hared\ ary \a ends\200711 -11 \SCORE Development Agreement Draft 071204clean.doc Page 8 of 15 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, SCORE 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. 9.6 Indemnity, SCORE 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 erty 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 SCORE 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. SCORE 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. SCORE 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 term "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 mail, postage prepaid, addressed as follows: SCORE Chapter 221: SCORE c/o Ben F. McDonald 3649 Leopard St., Suite 411 Corpus Christi, Texas 78408 Corporation: City of Corpus Christi Business and Job Development Corporation Attn: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 H:\LEG-DIF \Shared\ ry lagend l2 07 1 -1 I \SCORE Development Agreement Draft 071204clean.cloc Page 9 of 15 .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 f thiAgreement is not affected by thlaw, 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. 9.14 Venue. Venue for any legal action related to this Agreement is in Nueces es County, Texas. SCORE consents to, and waives any objections to, in personum jurisdiction in Nueces County, Texas. This agreement and the relationship between Corporation and SCORE 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 SCORE. 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. 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. 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 SCORE 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 this Agreement, and shall be an act of default by SCORE. 9.18 Other Contracts. It is understood by SCORE 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 SCORE 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 SCORE and shall not release such information to the public, unless required by law or court order. Corporation shall immediately notify SCORE of requests or court orders to release such information. 9.20 All representations, warranties, covenants and agreements ents 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. 9.21 Renewal. This Agreement may be renewed for an additional one year term upon mutual agreement of the parties hereto. I--H:\LEG-DIR\ haredl iy l Benda\ O 711 -11\ RE Development Agreement Draft 071204clean.doc Page 11 of 15 EXECUTED on the date shown opposite the signature of each party. Corpus Christi Business & Job Development Corporation By: -- Eloy Salazar, Chairperson Date: Attest By:i Armando do Chapa, Assistant Secretary Approved as to form: Laj,� eF' W,rlmitt' Assistant City Attorney For Ctty Attorney 1-1:1LEG-DIRkShared‘GaryMagenda‘2007\12-11‘SCORE Development Agreement Draft OTl20ea .do Page 12 of 15 SCORE Chapter 221 By: --_ Gaston West, President 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 personally appeared Gaston West, President, SCORE Chapter 221, 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 SCORE, for the purposes and consideration expressed in the instrument. Given under my hand and seal of office this the day of , 2007. Notary Public, State of Texas H:1LEG-f Il \Shared\ ary \ genda\200 112-11\SCORE Development Agreement Draft O7l20lean.do Page 13 of 15 SCORE 's CONDITIONS PRECEDENT AND PERFORMANCE REQUIREMENTS Employment of an executive assistant/coordinator on a full-time basis (1213 hours per year) to assist the SCORE volunteers to provide assistance to small businesses and persons and entities desiring to begin and operate a small business in Corpus Christi by mentoring clients, conducting workshops, advising clients as to business plans, pro i formas, form of business entity, financial implications, and all other aspects of small business operations; and conduct a limited advertising campaign to publicize the assistance program to small businesses. SCHEDULES SCHEDULE A SCORE ' TIME of PERFORMANCE January 1 through July 31, 2008 CORPORATION's PERFORMANCE REQUIREMENTS $29167 payable within 30 days of invoicing for expenses under this agreement. SCHEDULE B SCORE 's PERFORMANCE REQUIREMENTS Providing 944 hours of general and technical services to small businesses through volunteer counselors. SCORE's TIME OF PERFORMANCE -7 Beginning g January 1, 2008 and continuing until July 31, 2008. SCHEDULE C SCORE 's PERFORMANCE SCORE 's TIME OF PERFORMANCE HALEG-DIR\Shared\GaryMagenda\2007‘12-11\SCORE Development Agreement Draft 071204clean.cloc Page 14 of 1 REQUIREMENTS Create and maintain not less than one contract executive assistant/coordinator position with an average annual salary of $25,000. January 15, 2008 H:\LEG-DI 1 hared\ ry \a nda1 OO711 -1 I\SCORE Development Agreement Draft O7l O4 Ie n.do Page 15 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 1 , 2007 Agenda Item: A. Resolution approving a performance based agreement between the Corpus Christi Business and Job Development Board (4A Board) and SCORE Chapter 221' granting $29,167 in business incentives for the operation of a program to assist small and start-up 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 SCORE Chapter 221 for a program to assist small and start-up businesses in Corpus Christi. Amount Required: : $29,'16 Fund Name Fund No. Org. No. Account No. 'Project No. Amount V q S;heSSided lie frelophent /JL/Q )5QO 5- 1/0 290 a7,/ 6 7 ) Total �.R.l4'7� Certification Not Required o Director of Financial Services Date: 4'1/47