HomeMy WebLinkAbout029045 RES - 04/26/2011Pagel of 3
RESOLUTION
APPROVING A BUSINESS INCENTIVE AGREEMENT FOR JOB
TRAINING BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION AND DEL MAR COLLEGE ("DEL
MAR"), WHICH PROVIDES A GRANT OF UP TO $941,270, FOR
IMPROVEMENTS TO AN EXISTING HANGAR LOCATED AT CORPUS
CHRISTI INTERNATIONAL AIRPORT FOR AN AVIATION
MAINTENANCE TECHNICIAN TRAINING FACILITY, FOR WHICH DEL
MAR WILL INVEST AT LEAST $941,270 IN HANGAR
IMPROVEMENTS, FURNITURE, FIXTURES, AND EQUIPMENT AND
HOLD CLASSES FOR AVIATION MAINTENANCE TECHNICIANS AND
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A
BUSINESS INCENTIVE PROJECT SUPPORT AGREEMENT WITH THE
CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT
CORPORATION REGARDING IMPLEMENTATION AND
ADMINISTRATION OF THE DEL MAR, BUSINESS INCENTIVE
AGREEMENT FOR THE CREATION AND RETENTION OF JOBS
WHEREAS, the Corpus Christi Business and Job Development Corporation ("Type A
Corporation") has budgeted funds to expand job training in the City of Corpus Christi,
Texas ("City").
WHEREAS, the Type A Corporation has requested proposals from businesses that will
expand job training within the City, and determined that the proposal from Del Mar for
the improvement of an existing hangar for an Aviation Maintenance Technician Training
Facility, for which Del Mar will invest at least $941,270 in hangar improvements,
furniture, fixtures, and equipment and will hold classes for Aviation Maintenance
Technicians and will expend $2,008,990 over a ten year period to support and operate
this facility, will best satisfy this goal;
WHEREAS, City Council deems that it is the best interest of the City and citizens to
approve the business incentive agreement for job training between the Type A
Corporation and Del Mar; and
WHEREAS, there is a need for a business incentive project support agreement
between the City and the Type A Corporation for the implementation and administration
of the business incentive agreement for the creation and retention of jobs between the
Type A Corporation and Del Mar.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the business incentive agreement for job training between the Type
A Corporation and Del Mar that provides for improvements to an existing hangar located
at the Corpus Christi International Airport for an Aviation Maintenance Technician
Training Facility, which is attached to this resolution as Exhibit A, is approved.
029045
DEL MAR AVIATION RESOLUTION -- 03312011.docx
Page'2 of 3
SECTION 2. That the City Manager, or designee, is authorized to execute a project
support agreement between the City and Type A Corporation for the implementation
and administration of the business incentive agreement with Del Mar, which is attached
to this resolution as Exhibit B.
ATTEST: THE CITY OF CORPUS CHRISTI
i3n^4021-2f-
Armando Chapa
p
City Secretary
APPROVED: 26th day of April, 2011.
R. Jay Re ip.i g
First Assistant City Attorney
For City Attorney
DEL MAR AVIATION RESOLUTION -- 03312011.doox
J
Joe Adarie
Mayor
Corpus Christi, Texas
of
, 2011
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda MartinezAl2-
Mark
Scott /,,e -
Linda
,C.Linda Strong
D
DEL MAR AVIATION RESOLUTION -- 03312011.docx
029045
Page 3 of 3
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7 & 8)
the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized
representative), hereby certify to the City Council and other appropriate officers that the money
required for the current fiscal year's portion of 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. Future payments are subject to
annual appropriation by the City Council.
Council Action Date: April 26, 2011
genda Item:
esolution approving a business incentive agreement for job training between the Corpus
'lristi Business and Job Development Corporation and Del Mar College ("Del Mar"), which
rovides a grant of up to $94,1,270, for improving and equipping an existing hangar located
at the Corpus Christi International Airport for an Aviation Maintenance Technician Training
Facility; in which Del Mar will invest at least $ 941,270 in building improvements, furniture,
fixtures, and equipment and establish an Aviation Maintenance Technician Training Facility
over a five year period and authorizing the City Manager, or designee, to execute a business
incentive project support agreement with the Corpus Christi Business and Job Development
Corporation regarding implementation and administration of the Del Mar, business incentive
agreement for job training.
amount Required: $941,270
Fund -Name
CCBJDC:'
Total
Fund No.
1140
Certification Not Required
Org. No.
15010
Account No.
530000
Project No.
Cirri -waft it -D
Amount
$ 941,270
$
Director of Financial Services
Date: `4 - i 3 .
cjv
BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI
BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE
FOR DEVELOPMENT OF THE AVIATION MAINTENANCE TECHNICIAN TRAINING
FACILITY AT CORPUS CHRISTI INTERNATIONAL AIRPORT
This Business Incentive Agreement for ("Agreement") is entered into between the
Corpus Christi Business and Job Development Corporation ("Corporation") and Del Mar
College ("Del Mar"), a political subdivision of the State of Texas.
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle
C1, Title 12, Texas Local Government Code, 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 118th 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 Corpus Christi Business and Job
Development Corporation Board;
WHEREAS, the ordinance adopting the ballot language that authorized the use of the.
118th cent sales tax proceeds specifically provided that the funds could be used forto
make grants to organizations to provide training, retraining, and education to Insure the
knowledge and skills required for the jobs of the future are in place;
WHEREAS, the Corpus Christi Business and Job Development 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 October 18, 2010,
amended the Corporation's Guidelines and Criteria for Granting Business Incentives;
WHEREAS, Section.501fE3, rexas_Local_Gov-emment_Code,#orx rly_Section_21_of.----
the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised
CMI 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 November 9, 2010;
WHEREAS, Del Mar intends to expand its existing Aviation Maintenance Technician
training program by adding the Aviation Maintenance Technician Training Facility at •
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BUSINESS INCENTIVE AGREEMENT -- Cel Mar Av Tech Tr€<lr ti;;; Facility 0;tG92011
Corpus Christi International Airport, which will allow it to serve more students and train
students on a wider variety of aircraft;
WHEREAS, the Aviation Maintenance Technician Training Facility at Corpus Christi
international Airport will further Del Mar's mission of education and economic
development;
WHEREAS, the local aviation servicing industry produces meaningful, wealth producing
jobs that bring in dollars from outside Corpus Christi into the City; and
WHEREAS, Del Mar proposes to invest approximately $2,008,990 over a 10 year
period to establish, support, and operate the Aviation Maintenance Technician Training
Facility at Corpus Christi International Airport;
In consideration of the covenants, promises, and conditions stated in this Agreement,
Corporation and Del Mar agree as follows:
1. Effective Date. The effective date of this Agreement (Effective Date") is the latest
date that either party executes this Agreement.
2. Term. The term of this Agreement is for five years beginning on the effective date.
3. Performance Requirements and Grants.
a. Del Mar shall develop the Aviation Maintenance Technician Training Facility
at Corpus Christi International Airport, which will house portions of its the Aviation
Maintenance Technician Training Program.
b. Del Mar shall invest at least $941,270 in the renovation of the hangar,
including instructional equipment and furnishings, used for the Aviation
Maintenance Technician Training Program at Aviation Maintenance Technician
Training Facility to be located on the Corpus Christi International Airport. Del
Mar shall annually report their actual investments at the facility, and provide
documentation to support the report to the Corpus Christi Business and Job
Development Corporation,
c. Del Mar shall expend at least $2,008,990 over a ten year period to support
and operate the Aviation Maintenance Technician Training Facility to be located
on the Corpus Christi International Airport.
d. The Corporation will reimburse Del Mar for the costs incurred by Del Mar to
rehabilitate and improve the existing hangar at Corpus Christi international
Airport for the Aviation Maintenance Technician Training Facility, including the
purchase of fixtures, furnishings, and instructional equipment. The amount
reimbursed by the Corporation may not exceed $941,270.
e. On the annual anniversary of the effective date of this agreement, Del Mar
shall report to the Corporation the number of students placed with the Corpus
Christi Army Depot, defense contractors, and general aviation companies within
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BUSINESS INCENTIVE AGREEMENT -- Del Mar Av Tech Tralnlnq Faclllty 03092011
the City of Corpus Christi in jobs requiring a degree or FM certifications in
aviation maintenance that provided by Del Mar through the Aviation Maintenance
Technician Program at the Aviation Maintenance Technician Training Facility at
Corpus Christi International Airport and the average starting annual salaries paid
by each employer within Corpus Christi during the previous year.
4. Job Creation Qualification.
a. In order to count as a created job under this Agreement, the job must pay
wages as required by Section 501.162, Texas Local Government Code, formerly
Section 38(b) of the Development Corporation Act of 1979, as amended, which is
the median wage of the occupation in the Corpus Christi MSA as determined by
Texas Workforce Commission's Texas Industry Profiles report.
b. A full-time permanent job is one that provides at least 2,080 hours annually.
5. Buy Local Provision.
a. 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 do so without added expense, substantial inconvenience, or sacrifice
in operating efficiency.
b. 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.
6. Warranties. Del Mar warrants and represents to Corporation the following:
a. Del Mar, and educational institution, is a political subdivision of the State, and
in good standing under the laws of the State of Texas, has all corporate power
and authority to carry on its business as presently conducted in Corpus Christi,
Texas.
b. Del Mar has the authority to enter into and perform, and will perform, the
terms of this Agreement to the best of its ability.
c. Del Mar has timely filed and will timely file all local. State. and Federal tax
reports and returns required by laws to be filed and all Texas, assessments, fees,
and other governmental charges, including applicable ad valorem taxes, have
been timely paid, and will be timely paid , during the term of this Agreement.
d. Del Mar has access to the Texas Development Corporation Act, Subtitle C1,
Title 12, Texas Local Government Code, on the State of Texas' website, 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.
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BUSINESS INCENTIVE AGREEMENT -- Del Mar Ay Tech Tralnlna Facility 030D2011
e. The parties executing this Agreement on behalf of Del Mar are duly
authorized to execute this Agreement on behalf of Del Mar.
7. Compliance with Laws. Del Mar shall observe and obey all applicable laws,
ordinances, regulations, and rules of the Federal, State, county, and city governments.
8. Non -Discrimination. Del Mar covenants and agrees that Del Mar 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.
9. Force Majeure. If the Corporation or Del Mar are prevented, wholly or in part, from
fulfilling its obligations under this Agreement by reason of any act of God, unavoidable
accident, acts of enemies, fires, floods, governmental restraint or regulation, other
causes of force majeure, or by reason of circumstances beyond its control, then the
obligations of the Corporation or Del Mar are temporarily suspended during continuation
of the force majeure. If either party's obligation is affected by any of the causes of force
majeure, the party affected shall promptly notify the other party in writing, giving full
particulars of the force majeure as soon as possible after the occurrence of the cause or
causes relied upon.
10. Assignment. 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 Corporation and
City. Any attempted assignment without approval is void, and constitutes a breach of
this Agreement.
11. Indemnity. To the extent permitted by the Constitution and
authorized by the laws of the State of Texas, Del Mar covenants to
fully Indemnify, save, and hold harmless the Corporation, the City,
their respective officers, employees, and agents ("Indemnitees')
against al! 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-Del--Ma activities -conducted underor incidental -to
this Agreement, including any injury, loss or damage caused by the
sole or contributory negligence of any or all of the Indemnitees. Del
Mar 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 cost and expenses of any kind arising from the liability,
damage, loss, claims, demands, or actions.
Page 4 of 9
BUSINESS INCENTIVE AGREEMENT — Del Mar Av Tech TrigninB Facility 03092011
42. Events of Default. The following events constitute a default of this Agreement
a. Failure of Del Mar to timely, fully, and completely comply with any one or
more of the requirements, obligations, duties, terms, conditions, or warranties of
this Agreement, other than the requirement to create a minimum number of new
jobs or maintain a minimum number of jobs in any specific year. However, the
minimum number of new jobs must be created and maintained by the end of the
contract term.
b. The Corporation or City determines that any representation or warranty on
behalf of Del Mar 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;
c. Any judgment is assessed against Del Mar or any attachment or other levy
against the property of Del Mar with respect to a claim remains unpaid,
undischarged, or not dismissed for a period of 120 days.
d. Del Mar makes an assignment for the benefit of creditors.
e. Del Mar files a petition in bankruptcy, or is adjudicated insolvent or bankrupt.
f. If taxes owed by Del Mar become delinquent, and Del Mar fails to timely and
properly follow the legal procedures for protest or contest.
g. Del Mar changes the general character of business as conducted as of the
date this Agreement is approved by the Corporation..
13. Notice of Default. Should the Corporation or City determine that Del Mar is in
default according to the terms of this Agreement, the Corporation or City shall notify Del
Mar in writing of the event of default and provide 60 days from the date of the notice
("Cure Period") for Del Mar to cure the event of default.
14. 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 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.
a. Del Mar shall immediately repay all funds paid by Corporation under this
Agreement.
b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to
collect amounts due to Corporation.
c. The Corporation shall have no further obligations to Del Mar under this
Agreement.
Page 5 of 9
BUSINESS INCENTIVE AGREEMENT -- Del Mar Av Tech Training Facility 03092011
d. Neither the City nor the Corporation may be held liable for any consequential
damages.
e. The Corporation may pursue all remedies available under law.
15. No Waiver.
a. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Agreement, constitutes a waiver of any subsequent breach of
the covenant or condition of the Agreement.
b. 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.
c. Any waiver or indulgence of Del Mar's default may not be considered an
estoppel against the Corporation.
d. It is expressly understood that if at any time Del Mar is in default in any of its
conditions or covenants of this Agreement, the failure on the part of the
Corporation to promptly avail itself of the rights and remedies that the
Corporation may have, will not be considered a waiver on the part of the
Corporation, but Corporation may at any time avail itself of the rights or remedies
or elect to terminate this Agreement on account of the default.
16. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the
actual amount of the money grants to be conveyed to Del Mar , and shall not be liable to
Del Mar for any actual or consequential damages, direct or indirect, interest, attorney
fees, or cost of court for any act of default by Corporation under the terms 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. 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, less Corporation's customary and usual costs and expenses, as compared to each
ontracting-parties' gra amount-for-thaf-yearTend-eorporatior sl ail-not-beiiable-tc for
any 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 shall also
require a written request from Del Mar to be accompanied by all necessary supporting
documentation.
17. Notices.
a. Any required written notices shall be sent mailed, certified mail, postage
prepaid, addressed as follows:
Page 6 of 9
BUSINESS INCENTIVE AGREEMENT -- Del Mer Av Tech Traintnr, Fz..u,..• 03092011
Del Mar:
Del Mar College
Attn: Lee Sloan
Vice President of Administration, Finance and Student Services
101 Baldwin
Corpus Christi, Texas 78404
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 sent the City at the
following address:
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 above.
18. Incorporation of other documents. The Corpus Christi Business and Job
Development Corporation Guidelines and Criteria for Granting Business Incentives
("Corporation Guidelines"), as amended, are incorporated into this Agreement.
19. 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.
20. Relationship of Parties. In performing this Agreement, both the Corporation and
Del Mar will act in an individual capacity, and not as agents, representatives,
employees, employers, partners, joint -venturers, or associates of one another. The
.erpio eesz.agents-of-either-party ma-notbe,-nor be_construed4o-be,_the..employees__
or agents of the other party for any purpose.
21. 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.
22. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Agreement or the application of this Agreement to any
Page 7 of 9 ,
BUSINESS INCENTIVE AGREEMENT Del Mar Av Tech TraJnlna Farlllty 03092011
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 Iaw 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.
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
Agreement, then the remainder of this 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 Agreement automatically.
23. Venue. Venue for any legal action related to this Agreement is in Nueces County,
Texas.
24. Sole Agreement. This Agreement constitutes the sole agreement between
Corporation and Del Mar. Any prior agreements, promises, negotiations, or
representations, verbal or otherwise, not expressly stated in this Agreement, are of no
force and effect.
25. Survival of terms of agreement and obligations of parties. The terms of this
agreement and the obligation of the parties relating to Section 14.a and b shall survive
the termination of this agreement.
Corpus Christi Business & Job Development Corporation
By:
Date:
Eloy Salazar
President
Attest:
By:
Armando Chapa
Assistant Secretary
Page 8 of 9
BUSINESS INCENTIVE AGREEMENT — Del Mar Av Tech Tratrlina Rimini/ 03092011
Del Mar College
By:
M Escamilla, Ph.D.
President
Date: f -
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on hri / / 0 , 2011, by
Mark Escamilla, Ph.D., President, Del Mar College, a political subdivision of the State of
Texas, on behalf of the college.
Notary Public
State of Texas
!•` Nalaly Public ?
[[ STAID y r�cAs
�) My Comm. Exp, 12-10.2014
Page 9 of 9
BUSINESS INCENTIVE AGREEMENT -- Del Mar Av Tech Trrk Ina Facility 03892011
BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT
This Business Incentives Project Service Agreement ("Project Service Agreement") is
entered into between the Corpus Christi Business and Job Development Corporation
("Type A 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 Type A Corporation Act of 1979), now codified as
Subtitle Cl, Title 12, Texas Local Government Code, 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 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 Type A Corporation's Board of
Directors ("Board");
WHEREAS, the Type A 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, on October 18, 2010, amended the Type A Corporation's
Guidelines and Criteria for Granting Business Incentives;
WHEREAS, Section 501,073, Texas Local Government Code (formerly Section 21 of
the Texas Development Type A Corporation Act of 1979, Art. 5190.6, Vernon's Texas
Revised Civil Statutes), requires the City Council to approve all programs and
expenditures of the Type A Corporation;
WHEREAS, the City Council approved the Type A Corporation's amended Guidelines
and Criteria for Granting Business Incentives on November 9, 2010;
-- WHEREAS €3e1 -Mer -C tlegellas-submitted-a--proposak-to-the-Type A or pvratiorrfar
$941,270 for improving an existing hangar located at the Corpus Christi International
Airport for an Aviation Maintenance Technician Training Facility;
-WHEREAS, the Board has determined that it is in the best interests of the citizens of
Corpus Christi, Texas, to grant funds for the Del Mar College Aviation Maintenance
Technician Training Facility; and
WHEREAS, the Type A Corporation and Del Mar College have executed a business
incentive project agreement for job training at the facility.
Page 1of3
Del Mar College Aviation ProiectSupport Agreement Type A -City 0
In consideration of the covenants, promises, and conditions stated in this Project
Service Agreement, the Type A Corporation and the City agree as follows:
1. Project Service Agreement to Implement Business Incentives Agreement. This
Project Service Agreement between the City and the Type A Corporation is executed to
implement the Business Incentive Agreement for job training between the Type A
Corporation and Del Mar College related to Del Mar College improving an existing
hangar for a training facility ("Business Incentive Agreement").
2. Term. The term of this Project Service Agreement runs concurrently with the term of
the Business Incentive 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 Type A Corporation.
b. The City Manager, or the City Manager's designee, shall perform contract
administration responsibilities outlined in the Business Incentive Agreement for
the Type A 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 Service Agreement is the latest
date that either party executes this Agreement.
6. Amendments or Modifications. No amendments or modifications to this Project
Service 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 Service Agreement or the application of this
Project Service Agreement to any person or circumstance is, to any extent, held
—iflegalr invalid;-ar-unenforceable-under-present or-future-lew or y a-finai
judgment of a court of competent jurisdiction, then the remainder of this Project
Service 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 Service Agreement that every section,
paragraph, subdivision, clause, provision, phrase, or word of this Project Service
Agreement be given full force and effect for its purpose.
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
Service Agreement, then the remainder of this Project Service Agreement is not
Page 2 of 3
cal Mar College Aviation ProjectSupport Agreement Type A City 0
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 Service Agreement automatically.
8. Captions. The captions in this Project Service Agreement are for convenience only
and are not a part of this Project Service Agreement. The captions do not in any way
limit or amplify the terms and provisions of this Project Service Agreement.
The City of Corpus Christi
Corpus Christi Business &
Job Development Type A Corporation
Margie C. Rose Eloy Salazar
Interim City Manager President
Date: Date:
Attest
Armando Chapa
City Secretary
Approved as to Legal Form; April 26, 2011.
R. Jay Rein;
First Assistant City Attorney
for City Attorney
Page 3 of 3
Del Mar College Aviation Projectsupport Agreement Type A -City 0