HomeMy WebLinkAbout030644 RES - 10/20/2015 Page 1 of 2
RESOLUTION
Approving a Small Business Incentives Agreement between the
Corpus Christi Business and Job Development Corporation and
Texas A&M University — Corpus Christi (TAMU-CC) to provide grant
up to $238,635 for their internship program to assist small
businesses and authorizing the City Manager, or designee, to
execute a Project Support Agreement with the Corpus Christi
Business and Job Development Corporation to administer the Small
Business Incentives Agreement.
WHEREAS, the Corpus Christi Business and Job Development Corporation ("Type A
Corporation") has budgeted funds to assist businesses create or retain jobs in the City
of Corpus Christi, Texas ("City").
WHEREAS, the Type A Corporation has requested proposals from businesses that will
create or retain jobs within the City, and determined that the proposal from TAMU-CC
for an intern program within the City will best satisfy this goal;
WHEREAS, City Council deems that it is the best interest of the City and citizens to
approve the business incentives agreement for an intern program between the Type A
Corporation and TAMU-CC;
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 incentives agreement to assist small businesses between the Type A
Corporation and TAMU-CC.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the business incentives agreement for business development
between the Type A Corporation and TAMU-CC for an intern program within the City of
Corpus Christi, in the form attached to this resolution, is approved.
SECTION 2. That the City Manager, or designee, is authorized to execute a project
support agreement between the City and Type A Corporation, in the form attached to
this resolution, for the implementation and administration of the business incentives
agreement with TAMU-CC.
This,f� lution takes effect upon City Council approval on this the J day of
UN-0 , 2015.
Resolution TAMU-CC
ti 3013111
INDEXED
Page 2 of 2
ATTEST: THE CITY OF CORPUS CHRISTI
1L4-
Rebecca
741/%it.t2% CINLL
Huerta Nelda Martinez
City Secretary Mayor
APPROVED: dJ day of 00 ?10eA, 2015.
Corpus Christi, Texas
prof J , 2015
The above resolution was passed by the following vote:
Nelda Martinez I ,, Brian Rosas L.
�;�.
i
Carolyn Vaughn , Colleen McIntyre
Rudy Garza Lillian.A Lillian.Riojas
Lucy Rubio I Mark Scott
Chad Magill
Resolution TAMU-CC
030641
SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI
BUSINESS AND JOB DEVELOPMENT CORPORATION AND TEXAS A & M UNIVERSITY --
CORPUS CHRISTI FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES
This Small Business Incentives Agreement for("Agreement") is entered into between the Corpus
Christi Business and Job Development Corporation ("Corporation")and Texas A& M University-
- Corpus Christi, a Texas institution of higher education ("TAMU-CC").
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 Cl, Title 12, Texas
Local Government Code, Section 504.002 et seq, ("the Act"), 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 1/8th 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 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 August 17, 2015, amended
the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"),
which the City Council approved on September 15, 2015;
WHEREAS, Section 501.073 of The Act requires the City Council to approve all programs and
expenditures of the Corporation;
WHEREAS,TAMU-CC has requested business development funds from the Board to assist small
businesses by providing access to students, who will serve as interns in professional level
positions;
WHEREAS, the small businesses will pay student interns minimum wage (currently $7.25 per
hour) and TAMU-CC will match the business contribution up to $5.00 per hour.
WHEREAS,the interns will be selected based on the needs of the small businesses with the goal
of providing the businesses with resources that make the businesses more effective and provide
growth opportunities;
WHEREAS, the primary goal of the program is to provide support to small businesses in Corpus
Christi that will encourage growth, retention, economic development, and job creation;
WHEREAS, the goal of the project is the creation of 1 new full time job for every 10 internship
positions funded (a 10% new job"return on investment");
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Agreement Career Services re Corpus Christi Business&Job Development(CCB&JD final accepting revisions 9-11-15)
WHEREAS, a secondary benefit of the small business intern program is providing students real-
world experience, while they are making a living wage without working extended hours and
developing potential full-time employment opportunities following graduation;
In consideration of the covenants,promises,and conditions stated in this Agreement, Corporation
and TAMU-CC 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.
a. The term of this Agreement is for fifteen months from October 1, 2015, through
December 31, 2016.
b. This Agreement may be extended at the option of the Corporation for up to two
additional one year terms, contingent upon annual appropriation of funds and approval of
the City Council. Per the guidelines, TAMU-CC must reapply every year for the grant.
3. Grant.
a. The Corporation will grant TAMU-CC an incentive of up to Two Hundred Thirty-eight
Thousand Six Hundred Thirty Five Dollars ($238,635.00), which must be used to fund up
to $5.00 per hour the salary of the interns during the Fall Semester of 2015, Spring
Semester of 2016, Summer Session in 2016, and the Fall Semester 2016, and the entire
salary on two interns hired to help administer the program during the Fall and Spring
Semesters and Summer Session. The interns will be paid $12.25 per hour, while
participating in TAMU-CC's Small Business Employer Intern Program.
b. The Corporation's grant conditioned upon TAMU-CC's successful completion of the
terms of this Agreement.
c. The Corporation's grant shall be paid in monthly installments based upon evidence of
the amount paid by TAMU-CC to the small business employers during the prior month.
4. TAMU-CC's Duties and Responsibilities.
a. TAMU-CC shall provide administrative oversight and direct supervision for the
placement of interns in the TAMU-CC's Small Business Employer Intern Program.
b. TAMU-CC shall create and maintain not less than one part-time intern(1)employment
position to assist in the Small Business Employer Intern Program in Corpus Christi,
Nueces County,Texas,during the term of this Agreement. The intern must be paid$12.25
per hour.
c. TAMU-CC shall place, with small businesses in Corpus Christi, up to the total number
of interns specified in Schedule A, during any the academic year.
(1) Since the primary goal of the TAMU-CC's Small Business Employer Intern
Program is to provide support to small businesses in Corpus Christi that will
encourage growth, retention, economic development, and job creation,
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Agreement Career Services re Corpus Christi Business&Job Development(CCB&JD final accepting revisions 9-11-15)
placements must be based on the needs of the small business with the goal of
providing the business with resources that make the business more effective and
provide growth opportunities for the businesses.
(2) For the purpose of this section a small business may include a chambers of
commerce, non-profit organizations, and other entity that will use the intern to
assist existing, start-up, and home based small businesses in the City; recruit new
small business to the City; assist the expansion of existing small businesses in the
City; help entrepreneurs create start-up businesses; or help the owners and
managers of small businesses develop their businesses.
d. TAMU-CC shall ensure that the small business employer of each intern pays the
student intern the minimum wage, and TAMU-CC shall match the small business
employer's payments to the interns up to $5.00 per hour.
e. TAMU-CC shall try to place the interns for 20 hours per week and 12 weeks per
semester or summer sessions.
f. TAMU-CC shall work with the small businesses that receive interns under the program
to encourage the creation of permanent full time jobs for the interns or similarly qualified
individuals.
5. Job Creation/Training Qualification.
a. In order to count as a created job under this Agreement, the job must pay wages at
least as high as the wages required by Section 501.162 of the Act, 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. In order to qualify for funds to provide job training under this Agreement, TAMU-CC
agrees to create new jobs that pay wages at least as high as the wages required by
Section 501.162 of the Act, which is the median wage of the occupation in the Corpus
Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles
report.
c. A "job" is defined in the Type A Guidelines as a full-time employee, contractor,
consultant, or leased employee who has a home address in the Corpus Christi MSA.
d. TAMU-CC agrees to confirm and document to the Corporation that the minimum
number of jobs created as a result of funding provided by this Agreement is maintained
throughout the term by the Business.
e. TAMU-CC agrees to provide Corporation with a sworn certificate by authorized
representative of each business assisted under this Agreement certifying the number of
full-time permanent employees employed by the business.
f.TAMU-CC shall ensure that the Corporation is allowed reasonable access to personnel
records of the businesses assisted under this Agreement.
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Agreement Career Services re Corpus Christi Business&Job Development(CCB&JD final accepting revisions 9-11-15)
6. Reports and Monitoring.
a. TAMU-CC shall provide a report at the end of each semester or summer session
certifying the status of compliance through the life of the Agreement. Documentation for
jobs may be in the form of quarterly IRS 941 returns, TAMU-CC employer Quarterly
Reports, or employee rosters and other reports listed below:
i. number of interns
ii. name of companies using interns
iii. intern duties
iv. whether the intern received a job at that company
v. whether the intern received a job in the area.
b. TAMU-CC, during normal working hours shall allow the Corporation and its designee,
City of Corpus Christi Economic Development Department, reasonable access to TAMU-
CC'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 the records and information must be
maintained by Corporation and its designee, 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.
7. Warranties. TAMU-CC warrants and represents to Corporation the following:
a.TAMU-CC is a member of the Texas A&M University System, and an institution of higher
education under the laws of the State of Texas.
b.TAMU-CC has the authority to enter into and perform, and will perform, the terms of this
Agreement to the best of its ability.
c. TAMU-CC 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. TAMU-CC has received a copy of the Act, 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.
e. The parties executing this Agreement on behalf of TAMU-CC are duly authorized to
execute this Agreement on behalf of TAMU-CC.
f. TAMU-CC does not and agrees that it will not knowingly employ an undocumented
worker. If, after receiving payments under this Agreement, TAMU-CC is convicted of a
violation under§U.S.C. Section 1324a(f), TAMU-CC shall repay the payments at the rate
and according to the terms as specified by City Ordinance, as amended, not later than the
120th day after the date TAMU-CC has been notified of the violation.
8. Compliance with Laws. TAMU-CC shall observe and obey all applicable laws, ordinances,
regulations, and rules of the Federal, State, county, and city governments.
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Agreement Career Services re Corpus Christi Business&Job Development(CCB&JD final accepting revisions 9-11-15)
9. Non-Discrimination. TAMU-CC covenants and agrees that TAMU-CC 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.
10. Force Majeure. If the Corporation or TAMU-CC 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 TAMU-CC
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.
11. Assignment. TAMU-CC 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.
12. Indemnity. To the extent permitted by the laws and the Constitution of the State of
Texas, TAMU-CC 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 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 TAMU-
CC 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.
TAMU-CC 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.
13. Events of Default by TAMU-CC. The following events constitute a default of this Agreement
by TAMU-CC:
a. The Corporation or City determines that any representation or warranty on behalf of
TAMU-CC 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;
b. Any judgment is assessed against TAMU-CC or any attachment or other levy against
the property of TAMU-CC with respect to a claim remains unpaid, undischarged, or not
dismissed for a period of 120 days.
c. TAMU-CC makes an assignment for the benefit of creditors.
d. TAMU-CC files a petition in bankruptcy, or is adjudicated insolvent or bankrupt.
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Agreement Career Services re Corpus Christi Business&Job Development(CCB&JD final accepting revisions 9-11-15)
e. If taxes owed by TAMU-CC become delinquent, and TAMU-CC fails to timely and
properly follow the legal procedures for protest or contest.
f. TAMU-CC changes the general character of business as conducted as of the date this
Agreement is approved by the Corporation.
14. Notice of Default. Should the Corporation or City determine that TAMU-CC is in default
according to the terms of this Agreement,the Corporation or City shall notify TAMU-CC in writing
of the event of default and provide 60 days from the date of the notice ("Cure Period")for TAMU-
CC to cure the event of default.
15. Results of Uncured Default by TAMU-CC. 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 TAMU-CC, 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. TAMU-CC shall immediately repay all funds paid by Corporation to them under this
Agreement.
b. To the extent permitted by the laws and Constitution of the State of Texas, TAMU-CC
shall pay Corporation reasonable attorney fees and costs of court to collect amounts due
to Corporation if not immediately repaid upon demand from the Corporation.
c. Upon payment by TAMU-CC of all sums due,the Corporation and TAMU-CC shall have
no further obligations to one another under this Agreement.
d. Neither the City, the Corporation, nor TAMU-CC may be held liable for any
consequential damages.
16. 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 TAMU-CC's default may not be considered an estoppel
against the Corporation.
d. It is expressly understood that if at any time TAMU-CC 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.
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Agreement Career Services re Corpus Christi Business&Job Development(CCB&JD final accepting revisions 9-11-15)
17. TAMU-CC specifically agrees that Corporation shall only be liable to TAMU-CC for the actual
amount of the money grants to be conveyed to TAMU-CC, and shall not be liable to TAMU-CC
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 contracting parties'grant amount
for that year, and Corporation shall not be liable to 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 TAMU-CC to be accompanied by
all necessary supporting documentation.
18. The parties mutually agree and understand that funding under this Agreement is subject to
annual appropriations by the City Council; that each fiscal year's funding must be included in the
budget for that year; and the funding is not effective until approved by the City Council.
19. Notices.
a. Any required written notices shall be sent mailed, certified mail, postage prepaid,
addressed as follows:
TAMU-CC:
Texas A &M University—Corpus Christi
Attn: Director of Contracts & Property
6300 Ocean Drive, Unit 5731
Corpus Christi, Texas 78412-5731
contracts@TAMU-CC.edu
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.
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Agreement Career Services re Corpus Christi Business&Job Development(CCB&JD final accepting revisions 9-11-15)
20. 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.
21. 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.
22. Relationship of Parties. In performing this Agreement, both the Corporation and TAMU-CC
will act in an individual capacity, and not as agents, representatives, employees, employers,
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.
23. 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.
24. 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 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.
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.
25. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas.
26. Governing Law, The validity of this Agreement and all matters pertaining thereto, including but not
limited to, matters of performance, non-performance, breach, remedies, procedures, rights, duties, and
interpretation or construction, shall be governed and determined by the Constitution and the laws of the
State of Texas.
27. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and
TAMU-CC. Any prior Agreements, promises, negotiations, or representations, verbal or
otherwise, not expressly stated in this Agreement, are of no force and effect.
28. 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.
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Agreement Career Services re Corpus Christi Business&Job Development(CCB&JD final accepting revisions 9-11-15)
APPROVED AS TO FORM: day of , 2015.
Assistant City Attorney
For City Attorney
Corpus Christi Business &Job Development Corporation
By:
Dr. Bryan Gulley
President
Date:
Attest:
By:
Rebecca Huerta
Assistant Secretary
iii Texas A University—Corpus Christi
By:
ius C. Killebrew, Ph.D.
President/CEO
Date: ` `iii 'l s
THE STATE OF TEXAS §
§
COUNTY OF NUECES §
This instrument was acknowledged before me on 3tpIvLL. J/ . 2015, by
Flavius C. Killebrew, Ph.D., President/CEO, Texas A & M University - Corpus Christi, a Texas
institution of hiI
ublic State of 44eucation, on behalf of theUuniversity.
Notary411 • h to
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My Commission Expires: 3 Id t l'1
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/ "., MARY E GONZALEZ
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1'\�\]'/ STATE OF TEXAS
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NOTARY WITHOUT BOND
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Agreement Career Services re Corpus Christi Business&Job Development(CCB&JD final accepting revisions 4.11-15)
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 Corporation Act of 1979), now codified as Subtitle Cl, Title 12, Texas
Local Government Code Section 504.002 et seq, ("the Act"), 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 City Council approved the Corporation's amended Guidelines and Criteria for
Granting Business Incentives on September 15, 2015;
WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and
expenditures of the Type A Corporation;
WHEREAS, Texas A&M University — Corpus Christi ("TAMU-CC") has submitted a proposal to
the Type A Corporation requesting business development funds from the Board to assist small
businesses by providing access to students, who will serve as interns in professional level
positions;
WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus
Christi, Texas, to fund TAMU-CC's intern program; and
WHEREAS, the Type A Corporation and TAMU-CC have executed a small business incentive
agreement for an intern program to support small businesses.
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
Small Business Incentive Agreement between the Type A Corporation and TAMU-CC related to
TAMU-CC's intern program to support small businesses in Corpus Christi ("Business Incentive
Agreement").
Page 1 of 3
Project Support Agreement-TAMU-CC Intern
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 designee shall administer funding on behalf of the Type A
Corporation.
b. The City Manager or 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 Council.
5. Effective Date. The effective date of this Project Service Agreement is the same date as the
Business Incentive 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 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 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 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.
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Project Support Agreement-TAMU-CC Intern
APPROVED AS TO FORM: day of , 2015.
Assistant City Attorney
For City Attorney
The City of Corpus Christi Corpus Christi Business &
Job Development Corporation
Ronald L. Olson Dr. Bryan Gulley
City Manager President
Date: Date:
Attest
Rebecca Huerta
City Secretary
Page 3 of 3
Project Support Agreement-TAMU-CC Intern
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7&8)
I, 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.
City Council Action Date:
October 20, 2015
Agenda Item:
Resolution to approve a Small Business Incentives Agreement between the Corpus Christi Business and
Job Development Corporation and Texas A&M University— Corpus Christi (TAMU-CC) to provide grant
up to$238,635 for their internship program to assist small businesses and authorizing the City Manager,
or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job
Development Corporation to administer the Small Business Incentives Agreement.
Amount Required: $ 238.635
Fund Name Accounting Unit Account Activity No. Amount
No.
Economic Dev Fund 1140-15020-777 530000 $238,635
Total
Certification Not Required
Director of Financial Services
Date: