HomeMy WebLinkAbout027548 RES - 12/18/2007Page 1 of 2
A 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 T To GRANT BUSINESS INCENTIVES TO
APAC CUSTOMER SERVICES, INC. ("APAC") FOR A CAPITAL
INVESTMENT OF $625,000 AND THE RETENTION OF A
MINIMUM OF 485 PERMANENT JOBS (418 FULL-TIME AND 67
PART-TIME).
WHEREAS, there is a need for a project agreement between the Corpus Christi
Business and Job Development Corporation and APAC Customer Services, Inc.
for the retention of 418 full-time and 67 part-time jobs in Corpus Christi.
NOW, THEREFORE, E, E IT RESOLVED ED Y THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager or his designee is authorized to execute the
project agreement between the Corpus Christi Business and Job Development
Corporation and APAC Customer Services, Inc. for a capital investment of
$625,000 and the retention of a minimum of 485 permanent jobs full-time
and 67 part-time). A copy of the agreement is attached.
ATTEST
Armando Chapa
City Secretary
APPROVEDto form: December 13, 2007
As A 44i
CITY F CORPU CHRISTI
ser Aclk4 AAT
Garr: ft
Mayor
Li
Aguila
A
istant City A Orn y
For the City Attorney
027548
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Corpus Christi, Texas
NI of rb...,,,, , 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 IMC uthn
027548
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BUSINESS INCENTIVES PROJECT AGREEMENT
This Business Incentives Project Agreement (" Project Agreement") is entered into
between the Corpus Christi Business and Job Development Corporation ("Corporation")
and the City of Corpus Christi, Texas ("City").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6,Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi("City")
passed Proposition 2, New and Expanded Business Enterprises, which authorized the
adoption of a sales and use tax for the promotion and development of new and
expanded business enterprises at the rate of one-eighth of one percent to be imposed
for 15 years,
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was
subsequently enacted by the City Council and filed with the State Comptroller of Texas,
effective April 1, 2003, to be administered by the Corporation's Board of Directors;
WHEREAS, the Corporation exists for the purposes of encouraging and assisting
entities in the creation of jobs for the citizens of Corpus Christi, Texas;
WHEREAS, the Board of Directors of the Corporation ("Board"), on September 10,
2007, amended the Corporation's Guidelines and Criteria for Granting Business
Incentives;
WHEREAS, EAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6,
Vernon'sTexas Revised Civil Statutes, requires the City Council to approve all
programs and expenditures of the Corporation;
WHEREAS, the City Council approved the Corporation's amended Guidelines and
Criteria for Granting Business incentives on September 18, 2007;
WHEREAS, APAC Customer Services, Inc. has submitted a proposal to the
Corporation to request business incentives of approximately $400,000 to be used to
assist APAC Customer Services, Inc. in its renovation and remodeling the facility at 802
North Carancahua in Corpus Christi, Nue es County, Texas, ("Facility"), for total APAC
Customer Services, Inc. capital investment of Six Hundred Twenty-five Thousand
Dollars ($625,000) to allow APAC Customer Services, Inc. to retain 418 full-time and 67
part-time employment positions at Facility;
WHEREAS, the Board has determined that it is in the best interests of the citizens of
Corpus Christi, Texas that business incentives be offered to APAC Customer Services,
Inc.
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WHEREAS, EAS, the Corporation and APAC Customer Services, Inc. have executed an
agreement to grant business incentives to APAC Customer Services, Inc. for the
retention of jobs (Business Incentives Agreement).
In consideration of the covenants, promises, and conditions stated in this Project
Agreement, the Corporation and the City agree as follows:
1. Project Agreement to Implement Business Incentives Agreement. This Project
Agreement between the City and the Corporation is executed to implement the
Agreement to Grant Business Incentives to APAC Customer Services, Inc. for the
Retention of Jobs between the Corporation and APAC Customer Services, Inc.
2. Term. The term of this Project Agreement runs concurrently with the term of the
Business Incentives Agreement.
3. Services to be Provided by city .
a. The City Manager, or the City Manager's designee, shall administer funding on
behalf of the Corporation.
b. The City Manager, or the City Manager's designee, shall perform contract
administration responsibilities outlined in the Business Incentives Agreement for the
Corporation.
4. Appropriation of Funds. Any future payments by the City are subject to
appropriation of funds by City's Council.
5. Effective Date. The effective date of this Project Agreement is the latest date that
either party executes this Agreement.
6. Amendments or Modifications. i o amendments or modifications to this Project
Agreement may be made, nor any provision waived, unless in writing signed by a
person duly authorized to sign agreements on behalf of each party.
7. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or
word of this Project Agreement or the application of this Project Agreement to any
person or circumstance is, to any extent, held illegal, invalid, or unenforceable under
present or future law or by a final judgment of a court of competent jurisdiction, then the
remainder of this Project Agreement, or the application of the term or provision to
persons or circumstances other than those as to which it is held illegal, invalid, or
unenforceable, will not be affected by the law or judgment, for it is the definite intent of
the parties to this Project Agreement that every section, paragraph, subdivision, clause,
provision, phrase, or word of this Project Agreement be given full force and effect for its
purpose.
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b. To the extent that any clause or provision is held illegal, invalid, or unenforceable
under present or future law effective during the term of this Project Agreement, then the
remainder of this Project Agreement is not affected by the law, and in lieu of any illegal,
invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to
the illegal, invalid, or unenforceable clause or provision as may be possible and be
legal, valid, and enforceable, will be added to this Project Agreement automatically.
8. Captions. The captions in this Project Agreement are for convenience only and are
not a part of this Project Agreement. The captions do not in any way limit or amplify the
terms and provisions of this Project Agreement.
The City of Corpus Christi Corpus Christi Business &
Job Development Corporation
George K. Noe Eloy Salazar
City Manager Chairperson
Date: Date:
Attest
Armando Chapa
City Secretary
Approved as to Legal Form December 13, 2007.
Lisa Aguilar
Assistant City Attorney
for City Attorney
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