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HomeMy WebLinkAboutAgenda Packet City Council - 09/17/2018 City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 II cctexas.com Meeting Agenda - Final . Ax15� Corpus Christi Business and Job Development Corporation Monday, September 17,2018 4:30 PM City Council Chambers Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. President Scott Harris to call the meeting to order. B. Call Roll and Excuse Absences C. MINUTES 1. 18-1184 Approval of Minutes of the August 20, 2018 Regular Meeting Attachments: Type A Meeting Minutes 20-Aug-2018 D. FINANCIAL REPORT 2. 18-1163 Type A Financial Reports as of July 31, 2018 Attachments: 4A Comp Sales Tax July 2018 Cash Flow July 2018 4A Contracts and Commitments July 2018 4A Pro-Forma as of July 2018 Fund 1140 July 2018 Expenses E. CLOSED SESSION ITEMS: (None) PUBLIC NOTICE is given that the Corporation may elect to go into closed session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code, and that the Corporation specifically expects to go into closed session on the following matters. In the event the Corporation elects to go into closed session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the closed session will be publicly announced by the presiding officer. F. AGENDA ITEMS: CONSIDERATION OF MOTIONS, RESOLUTIONS: 3. 18-1105 Arena Marketing/Co-Promotion Fund Request -Corpus Christi Ice Rays Motion authorizing the expenditure of$150,000 from American Bank City of Corpus Christi Page 1 Printed on 9/17/2018 Corpus Christi Business and Job Meeting Agenda-Final September 17,2018 Development Corporation Center Arena Marketing Co-Promotion Fund for the Corpus Christi Ice Rays for Fiscal Year 2019. Attachments: Agenda Memo- Ice Rays Community Hours 2017-2018 Season Voucher Report 2017-2018 4. 18-1144 Small Business Incentive Renewal with LiftFund Motion authorizing Renewal No. 1 of the Small Business Incentive agreement with LiftFund, Inc. for the interest buy-down program in the amount of$250,000 from October 1, 2018 through September 30, 2019. Attachments: Memo- LiftFund.docx LiftFund Request 2019.pdf LiftFund Agreement 10 01 17 Executed.pdf LiftFund FY19 Renewal.pdf 5. 18-1143 Small Business Incentive Agreement with Senior Corps of Retired Executives Motion authorizing Renewal No. 1 of the Small Business Incentive agreement with Senior Corps of Retired Executives Chapter 221 including a grant not to exceed $54,000 for FY 2018-2019. Attachments: Memo-SCORE.docx SCORE City Grant Request FY19.pdf SCORE Agreement 10 01 17 Executed.pdf SCORE FY19 Renewal.pdf 6. 18-1146 Small Business Incentive Agreement with Del Mar College for Internship Program Motion authorizing Renewal No. 1 of the Small Business Incentive agreement with Del Mar College for internship program in the amount of $150,000 from January 1, 2019 through December 31, 2019. Attachments: Memo- Del Mar Grant.docx Del Mar College Letter 2018-2019.docx Del Mar Agreement 01 01 18 Executed.pdf Renewal - Del Mar Intern 09.10.18 7. 18-1147 Small Business Incentive Agreement with Texas A&M University - Corpus Christi for Internship Program Motion authorizing Renewal No. 1 of the Small Business Incentive agreement with Texas A&M University - Corpus Christi for it internship program in the amount of$150,000 from January 1, 2019 through December 31, 2019 Attachments: Memo-TAMUCC Grant.docx TAMUCC Letter.0f City of Corpus Christi Paye 2 Printed on 9/17/2018 Corpus Christi Business and Job Meeting Agenda-Final September 17,2018 Development Corporation TAMU-CC Agreement 01 01 18 Executed.pdf Renewal -TAMU-CC 09.05.18.docx 8. 18-1148 Small Business Incentive Agreement with Del Mar College's Procurement Technical Assistance Center Motion authorizing Renewal No. 1 of the Small Business Incentive agreement with Del Mar College's Procurement Technical Assistance Center in the amount of$99,500 from January 1, 2019 through December 31, 2019. Attachments: Memo- PTAC.docx DMC PTAC SIGNED request for funding 05sept2018.pdf PTAC Agreement 01 01 18 Executed.pdf Renewal - PTAC 09.10.18 9. 18-1186 Type A Agreement with City of Corpus Christi Motion approving an agreement with the City of Corpus Christi for management of the Corporation's economic development funds. Attachments: Type A Agenda Memo-City Agreement with CCREDC 9 17 18 CCREDC Type A City Renewal DRAFT 08.30.18 G. PRESENTATION ITEMS: The following items are for the Board's Informational purposes only. The Board may give direction to the Staff, but no other action will be taken and no public comment will be solicited. 10. 18-1173 Engineering Services Monthly Update - September 2018 Attachments: September 2018- Monthly Project Report Type A Final H. EXECUTIVE DIRECTOR COMMENTS: I. PUBLIC COMMENT PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CORPORATION FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AND AGENDA AT A LATER DATE. J. IDENTIFY FUTURE AGENDA ITEMS City of Corpus Christi Page 3 Printed on 9/17/2018 Corpus Christi Business and Job Meeting Agenda-Final September 17,2018 Development Corporation K. ADJOURNMENT *Regardless of the agenda heading under which any item is listed,any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant laws,and the Board of Directors may deliberate and vote upon any such subject and resolutions related thereto.Any descriptions of property or amounts stated in this agenda are descriptive and not restrictive,and property and amounts may be changed in the motions,actions or documents.In addition to other items listed in this agenda,policies and procedures of this corporation,legal analysis of any items, policies or procedures,and any items that are currently receiving funding from this corporation may be discussed and deliberated and these matters are added as subjects of discussion to this meeting. This agenda has been reviewed and approved by the attorney for the governing body,and the presence of any subject or description in the Executive Session portion of this agenda constitutes a written interpretation of Chapter 551 of the Texas Local Government Code by the attorney for this corporation indicating that said subject or description thereof may be legally discussed in a closed meeting. City of Corpus Christi Page 4 Printed on 9/17/2018 City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 h ='. cctexas.com 1 _ �x Meeting Minutes Corpus Christi Business and Job Development Corporation Monday,August 20, 2018 4:30 PM City Council Chambers A. City Secretary Rebecca Huerta to call the meeting to order. City Secretary Rebecca L. Huerta called the meeting to order at 4:30 p.m. 1. Election of Officers City Secretary Rebecca L. Huerta referred to Item 1. Board Member Trujillo nominated Scott Harris for President,seconded by Board Member Maldonado and passed unanimously(Board Member Tamez- abstained). President Harris nominated Randy Maldonado for Vice President, seconded by Board Member Trujillo and passed unanimously. President Harris nominated Lee Trujillo for Secretary,seconded by Board Member Guerra and passed unanimously. B. Call Roll and Excuse Absences City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the Board was present to conduct the meeting. *Board Member Guerra left at 5:26 p.m. Present: 5- President Scott Harris, Board Member Gabriel Guerra, Vice-President Randy Maldonado, Director Robert Tamez and Board Member Lee Trujillo C. MINUTES 2. Approval of Minutes of the July 16, 2018 Regular Meeting President Harris referred to the approval of the minutes. Board Member Harris made a motion to approve the minutes,seconded by Board Member Trujillo and passed unanimously. D. FINANCIAL REPORT 3. Type A Financial Reports as of June 30, 2018 President Harris referred to Item 2.Alma Casas,Assistant Director of Financial Services, presented the financial report as of June 30,2018. The Board and Ms. Casas discussed the investment policy for the revenue that the board receives City of Corpus Christi Page 1 Printed on 9/13/2018 Corpus Christi Business and Job Meeting Minutes August 20, 2018 Development Corporation which currently falls under the city investment policy and will be presented in October. E. CLOSED SESSION ITEMS: None F. AGENDA ITEMS: 4. Motion recommending City Council authorize the execution of a professional services contract with Urban Engineering of Corpus Christi, Texas in the amount $162,527 for Kinney & Power Street Pump Station Improvements project. President Harris referred to Item 4.Jeff Edmonds, Director of Engineering Services, presented the item. The Board and Mr. Edmonds discussed the following:the flood elevation downtown and the current maps;the number of pump stations and enhancing the efficiency without an additional pump station;study to determine the best way to enhance the flood protection. Board Member Guerra made a motion to pass the motion,seconded by Board Member Tamez and passed unanimously. 5. Motion recommending City Council authorize the execution of a professional services contract with Lockwood, Andrews & Newman, Inc. of Corpus Christi, Texas in the amount of$186,100 for the McGee Beach Nourishment - Boat Basin Dredging project. Vice-President Maldonado referred to Item 5.Jeff Edmonds, Director of Engineering Services, presented the item. The Board and Mr. Edmonds discussed the following: impact to Magee beach; relationship to projects completed in the past. Board Member Trujillo made a motion to pass the motion,seconded by Board Member Tamez and passed unanimously(Board Member Harris -abstained). G. PRESENTATION ITEMS: 6. Engineering Services Monthly Update - August 2018 President Harris referred to Item 6.Jeff Edmonds, Director of Engineering Services, presented the item. There were no questions from the Board. 7. Mirador Maintenance Update President Harris referred to Item 7.Jay Ellington, Director of Park and Recreation, presented the item. The board and Mr. Ellington discussed the following: currently trouble shooting the problems with the miradors; Park and Recreation or Facilities Maintenance have attended to mirador maintenance needs; timeframe for the repairs. 8. Seawall Steward Proposal City of Corpus Christi Page 2 Printed on 9/13/2018 Corpus Christi Business and Job Meeting Minutes August 20, 2018 Development Corporation President Harris referred to Item 8.Alyssa Barrera, Director of the Downtown Management District(DMD), presented the item. The Board and Ms. Barrera discussed the following: possibility of using Capital Improvement Funds to fund the prospect; current maintenance levels and cost;the time and resources required for proper maintenance and repairs of Miradors; possibility of one-time cleaning and then ongoing maintenance; responsibilities of the City following this type of agreement; liabilities associated with this type of grant; reporting back to the board on the status of the project; do as a pilot program in the first years to see how it can work; already established program with their current company who cleans downtown; determing the source of trash and litter and how to prevent. H. EXECUTIVE DIRECTOR COMMENTS: President Harris referred to the Executive Director comments. Constance Sanchez, Executive Director, presented the following: congratulate the new officers and then new board member Mr. Tamez;two new members will be serving on the board as of October 1st following an amendment to the composition by the Council;sales tax workshop available to the board if they would like to attend; updated certificate amendment for the board. I. PUBLIC COMMENT President Harris referred to public comment. There were no comments from the public. J. IDENTIFY FUTURE AGENDA ITEMS President Harris referred to the future agenda items. Constance Sanchez, Executive Director, presented the following items for the future agenda: deobligate the funds for the courthouse; baseball stadium update; seawall CIP information requested; action item for the seawall steward program with the Downtown Management District; renewal of the agreement with the Economic Development Corporation; communication plan in the October meeting; Board Member Tamez's request to attend the sales tax training. K. ADJOURNMENT The meeting was adjourned at 5:30 p.m. City of Corpus Christi Page 3 Printed on 9/13/2018 CITY OF CORPUS CHRISTI SALES TAX REPORT PER MONTHLY BUDGET Arena Tax Seawall Tax 00 00 Variance- Variance- Budgetto Budget to FY16-17 See FY 17-18 Date FY16-17 See FY 17-18 Date Budget Actuals Note Budget Actuals Variance Budget Actuals Note Budget Actuals Vanance October $ 547,521 $ 600,617 9.02% $ 614,755 $ 656,633 $ 41,877 6.81% October $ 547,521 $ 600,617 9.02% $ 614,755 $ 656,633 $ 41,877 6.81% November $ 523,431 $ 516,758 7.76% $ 545,439 $ 564,342 $ 18,903 3.47% November $ 523,431 $ 516,758 7.76% $ 545,439 $ 564,342 $ 18,903 3.47% December $ 731,852 $ 501,387 7.53% $ 533,682 $ 563,497 $ 29,815 5.59% December $ 731,852 $ 501,387 7.53% $ 533,682 $ 563,497 $ 29,815 5.59% January $ 522,212 $ 670,119 10.06% $ 711,022 $ 702,690 $ (8,333) -1.17% January $ 522,212 $ 670,119 10.06% $ 711,022 $ 702,690 $ (8,333) -1.17% February $ 529,432 $ 498,302 7.48% $ 508,878 $ 556,885 $ 48,007 9.43% February $ 529,432 $ 498,302 7.48% $ 508,878 $ 556,885 $ 48,007 9.43% March 650,932 487,594 7.32% 485,602 549,664 64,063 13.19% March 650,932 487,594 7.32% 485,602 549,664 64,063 13.19 April $ 535,156 $ 634,426 9.53% $ 631,396 $ 697,758 $ 66,363 10.51% April $ 535,156 $ 634,426 9.53% $ 631,396 $ 697,758 $ 66,363 10.51% May $ 531,122 $ 516,742 7.76% $ 507,625 $ 569,618 $ 61,994 12.21% May $ 531,122 $ 516,742 7.76% $ 507,625 $ 569,618 $ 61,994 12.21% June $ 641,232 $ 532,371 7.990% $ 518,332 $ 558,902 $ 40,571 7.83% June $ 641,232 $ 532,371 7.99% $ 518,332 $ 558,902 $ 40,571 7.83% July $ 560,104 $ 611,926 9.19% $ 635,073 $ 665,983 $ 30,910 4.87% July $ 560,104 $ 611,926 9.19% $ 635,073 $ 665,983 $ 30,910 4.87% August $ 540,307 $ 545,012 8.180% $ 506,384 $ August $ 540,307 $ 545,012 8.18% $ 506,384 $ $ 0.00% September $ 611,699 $ 544,243 8.17% $ 543,564 $ September $ 611,699 $ 544,243 8.17% $ 543,564 $ $ 0.00% Totals $ 6,925,000 $ 6,659,497 100.00% $ 6,741,750 $ 6,085,972 $ 394,170 5.85% Totals $ 6,925,000 $ 6,659,497 100.00% $ 6,741,750 $ 6,085,972 $ 394,170 5.85% Business&Job Development %of Variance- Budget to FY16-17 See FY 17-18 Date Budget Actuals Note Budget Actuals Variance October $ 547,521 $ 600,617 9.02% $ 614,755 $ 656,633 $ 41,877 6.81% November $ 523,431 $ 516,758 7.76% $ 545,439 $ 564,342 $ 18,903 3.47% December $ 731,852 $ 501,387 7.53% $ 533,682 $ 563,497 $ 29,815 5.59% January $ 522,212 $ 670,119 10.06% $ 711,022 $ 702,690 $ (8,333) -1.17% February $ 529,432 $ 498,302 7.48% $ 508,878 $ 556,885 $ 48,007 9.43% March $ 650,932 $ 487,594 7.32% $ 485,602 $ 549,664 $ 64,063 13.19% April $ 535,156 $ 634,426 9.53% $ 631,396 $ 697,758 $ 66,363 10.51% May June July August September Totals $ 4,040,536 $ 3,909,204 58.70% $ 4,030,773 $ 4,291,468 $ 260,695 6.47% 916'2018 Note-This column represents how much was collected in the respective mon 61 as a percentage of total collected for the year. CORPUS CHRISTI BUSINESS&JOB DEVELOPMENT(SEAWALL IMPROVEMENT FUND-1120) CASH FLOW STATEMENT(ACTUALS) August 1,2017-July 31,2016 August September October November December January February March April May June July Beginning cash balance 37,803,736.27 36,988,529.03 37,509,011.79 38,098,936.33 38,785,544.06 39,384,685.17 39,989,443.70 39,734,112.04 40,331,420.52 40,924,435.14 41,667,237.45 38,245,164.71 Revenue: Sales Taxes Received A 612,246.01 544,242.81 508,436.54 654,589.66 566,280.84 565,902.04 701,422.42 556,093.32 548,730.23 694,547.00 573,492.23 558,254.37 Interest on investments 29,354.13 (21,256.17) 83,783.25 34,879.90 35,155.52 41,151.74 41,218.55 43,510.41 46,579.64 50,550.56 56,730.28 53,866.31 Total revenue 641,600.14 522,986.64 592,219.79 689,469.56 601,436.36 607,053.78 742,640.97 599,603.73 595,309.87 745,097.56 630,222.51 612,120.68 Transfer from CIP 0.00 0.00 0.00 0.00 0.00 0.00 1,462,932.00 0.00 0.00 0.00 0.00 0.00 Total cash available 38,445,336.41 37,511,515.67 38,101,231.58 38,788,405.89 39,386,980.42 39,991,738.95 42,195,016.67 40,333,715.77 40,926,730.39 41,669,532.70 42,297,459.96 38,857,285.39 Expenditures: Principal - - - - - - 2,015,000.0 - - - - - Interest 443,109.38 - - - - - 443,109.38 - - - - - Paying agent fees 500.00 - - - - - 500.00 - - - - - Administrative Costs - 131.88 566.58 - - - - - - - - Transfer to Gen Fd-Admin Svc Chrg 2,372.00 2,372.00 2,295.25 2,295.25 2,295.25 2,295.25 2,295.25 2,295.25 2,295.25 2,295.25 2,295.25 2,295.25 Capital - - - - - - - - - - - - Transfer to Seawall CIP 1,010,826.00 - - - - - - - - - 4,050,000.00 - Transfer to Gen Fd-Miradors Total expenditures 1,456,807.38 2,503.88 2,295.25 2,861.83 2,295.25 2,295.25 2,460,904.63 2,295.25 2,295.25 2,295.25 4,052,295.25 2,295.25 Cash balance 36,988,529.03 37,509,011.79 38,098,936.33 38,785,544.06 39,384,685.17 39,989,443.70 39,734,112.04 40,331,420.52 40,924,435.14 41,667,237.45 38,245,164.71 38,854,990.14 CASH FLOW STATEMENT(ESTIMATES) August 1,2018-July 31,2019 August September October November December January February March April May June July Beginning cash balance 38,854,990.14 39,446,590.72 39,635,381.92 40,247,813.58 40,860,245.25 41,472,676.92 42,085,108.58 42,697,540.25 40,810,162.54 41,422,594.20 42,035,025.87 42,647,457.54 Revenue: Sales Taxes Received 561,812.49 561,812.49 583,333.33 583,333.33 583,333.33 583,333.33 583,333.33 583,333.33 583,333.33 583,333.33 583,333.33 583,333.33 Interest on investments 33,333.33 33,333.33 37,500.00 37,500.00 37,500.00 37,500.00 37,500.00 37,500.00 37,500.00 37,500.00 37,500.00 37,500.00 Total revenue 595,145.83 595,145.83 620,833.33 620,833.33 620,833.33 620,833.33 620,833.33 620,833.33 620,833.33 620,833.33 620,833.33 620,833.33 Total cash available 39,450,135.97 40,041,736.55 40,256,215.25 40,868,646.92 41,481,078.58 42,093,510.25 42,705,941.92 43,318,373.58 41,430,995.87 42,043,427.54 42,655,859.20 43,268,290.87 Expenditures: Principal - - - - - - - 2,095,000.00 - - - - Interest - 402,809.38 - - - - - 402,809.38 - - - - Paying agent fees - - - - - - - 2,000.00 - - - - Administrative Costs 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 Transfer to Gen Fd-Admin Svc Chrg 2,295.25 2,295.25 7,151.67 7,151.67 7,151.67 7,151.67 7,151.67 7,151.67 7,151.67 7,151.67 7,151.67 7,151.67 Total expenditures 3,545.25 406,354.63 8,401.67 8,401.67 8,401.67 8,401.67 8,401.67 2,508,211.05 8,401.67 8,401.67 8,401.67 8,401.67 Cash balance 39,446,590.72 39,635,381.92 40,247,813.58 40,860,245.25 41,472,676.92 42,085,108.58 42,697,540.25 40,810,162.54 41,422,594.20 42,035,025.87 42,647,457.54 43,259,889.20 A The last date to collect one-eighth of one percent sales tax is April 1,2026. K:\Finance\SHARED\4A\2017-2018\P70-July20l8\Cash Flow July20l8 CORPUS CHRISTI BUSINESS&JOB DEVELOPMENT(ARENA FUND-1130) CASH FLOW STATEMENT(ACTUALS) August 1,2017-July 31,2018 August September October November December January February March April May June July Beginning cash balance 24,486,136.20 22,075,501.56 22,362,353.89 22,665,797.02 23,085,596.36 23,417,827.36 24,976,106.81 25,001,138.82 25,329,599.84 25,626,371.06 26,096,285.08 26,450,298.44 Revenue: Sales Taxes Received" 612,246.01 544,242.81 508,436.54 654,589.66 566,280.84 565,902.04 701,422.42 556,093.31 548,730.23 694,547.00 573,492.23 558,254.37 Interest on investments 19,013.18 (12,686.11) 50,015.76 20,785.43 20,959.33 24,470.58 25,743.76 27,376.88 29,253.71 31,654.14 35,530.30 37,253.85 Total revenue 631,259.19 531,556.70 558,452.30 675,375.09 587,240.17 590,372.62 727,166.18 583,470.19 577,983.94 726,201.14 609,022.53 595,508.22 Transf from other Fd-VIFFD 1,222,916.00 98,575.00 Total cash available 25,117,395.39 22,607,058.26 22,920,806.19 23,341,172.11 23,672,836.53 25,231,115.98 25,801,847.99 25,584,609.01 25,907,583.78 26,352,572.20 26,705,307.61 27,045,806.66 Expenditures: Principal 2,245,000.00 - - - - - - - - - - - Interest 590,100.00 - - - - - 545,200.00 - - - - - Paying agent fees - - - - - - 500.00 - - - - - Arena Maint.&Repair - 37,910.50 - - - - - - 26,203.55 1,277.95 TransferNisitors Fac Fd 204,701.75 204,701.75 252,714.00 252,714.00 252,714.00 252,714.00 252,714.00 252,714.00 252,714.00 252,714.00 252,714.00 252,714.00 Transfer to Gen Fd-Admin Svc Chrg 2,092.08 2,092.12 2,295.17 2,295.17 2,295.17 2,295.17 2,295.17 2,295.17 2,295.17 2,295.17 2,295.17 2,295.17 Administrative Costs 566.58 Total expenditures 3,041,893.83 244,704.37 255,009.17 255,575.75 255,009.17 255,009.17 800,709.17 255,009.17 281,212.72 256,287.12 255,009.17 255,009.17 Cash balance 22,075,501.56 22,362,353.89 22,665,797.02 23,085,596.36 23,417,827.36 24,976,106.81 25,001,138.82 25,329,599.84 25,626,371.06 26,096,285.08 26,450,298.44 26,790,797.49 CORPUS CHRISTI BUSINESS&JOB DEVELOPMENT(ARENA FUND) CASH FLOW STATEMENT(ESTIMATES) August 1,2018-July 31,2019 August September October November December January February March April May June July Beginning cash balance 26,790,797.49 27,095,682.36 24,519,367.23 24,415,558.23 24,311,749.23 24,207,940.23 24,104,131.23 24,000,322.23 23,398,013.23 23,294,204.23 23,190,395.23 23,086,586.23 Revenue: Sales Taxes Received 561,812.49 561,812.49 583,333.33 583,333.33 583,333.33 583,333.33 583,333.33 583,333.33 583,333.33 583,333.33 583,333.33 583,333.33 Interest on investments 16,666.67 16,666.67 18,333.33 18,333.33 18,333.33 18,333.33 18,333.33 18,333.33 18,333.33 18,333.33 18,333.33 18,333.33 Total revenue 578,479.16 578,479.16 601,666.67 601,666.67 601,666.67 601,666.67 601,666.67 601,666.67 601,666.67 601,666.67 601,666.67 601,666.67 Total cash available 27,369,276.65 27,674,161.52 25,121,033.90 25,017,224.90 24,913,415.90 24,809,606.90 24,705,797.90 24,601,988.90 23,999,679.90 23,895,870.90 23,792,061.90 23,688,252.90 Expenditures: Principal - 2,335,000.00 - - - - - - - - - - Interest - 545,200.00 - - - - - 498,500.00 - - - - Paying agent fees - 1,000.00 - - - - - - - - - - Arena Maint&Repairs 17,335.12 17,335.12 16,666.67 16,666.67 16,666.67 16,666.67 16,666.67 16,666.67 16,666.67 16,666.67 16,666.67 16,666.67 TransferNisitors Fac Fd 252,714.00 252,714.00 680,842.25 680,842.25 680,842.25 680,842.25 680,842.25 680,842.25 680,842.25 680,842.25 680,842.25 680,842.25 Transfer to Gen Fd-Admin Svc Chrg 2,295.17 2,295.17 6,716.75 6,716.75 6,716.75 6,716.75 6,716.75 6,716.75 6,716.75 6,716.75 6,716.75 6,716.75 Administrative Costs 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 Total expenditures 273,594.29 3,154,794.29 705,475.67 705,475.67 705,475.67 705,475.67 705,475.67 1,203,975.67 705,475.67 705,475.67 705,475.67 705,475.67 Cash balance 27,095,682.36 24,519,367.23 24,415,558.23 24,311,749.23 24,207,940.23 24,104,131.23 24,000,322.23 23,398,013.23 23,294,204.23 23,190,395.23 23,086,586.23 22,982,777.23 "The last date to collect one-eighth of one percent sales tax is September 1,2025. K:\Finance\SHARED\4A\2017-2018\P70-July 2018\Cash Flow July 2018 CORPUS CHRISTI BUSINESS&JOB DEVELOPMENT(ECONOMIC DEVELOPMENT FUND-1140) CASH FLOW STATEMENT(ACTUALS) August 1,2017-July 31,2018 August September October November December January February March April May June July Beginning cash balance 14,258,905.13 12,390,179.14 12,476,462.09 12,940,939.67 13,570,714.02 14,087,566.82 14,639,496.97 15,313,873.67 15,082,263.43 15,569,625.88 16,117,401.82 16,008,756.28 Revenue: Sales Taxes Received^ 612,246.01 544,242.81 508,436.54 654,589.66 566,280.84 565,902.04 701,422.42 556,093.31 543,625.82 692,654.07 - - Interestoninvestments 11,071.86 (7,120.25) 28,336.21 12,148.08 12,598.14 14,984.01 15,045.20 16,722.07 17,369.25 19,229.08 21,943.97 22,565.14 Miscellaneous Revenue 6,701.63 Total revenue 623,317.87 537,122.56 536,772.75 666,737.74 578,878.98 580,886.05 716,467.62 579,517.01 560,995.07 711,883.15 21,943.97 22,565.14 Total cash available 14,882,223.00 12,927,301.70 13,013,234.84 13,607,677.41 14,149,593.00 14,668,452.87 15,355,964.59 15,893,390.68 15,643,258.50 16,281,509.03 16,139,345.79 16,031,321.42 Expenditures: Principal 2,100,000.00 - - - - - - - - - - - Interest 52,500.00 - - - - - - - - - - - Paying agent fees - - - - - - - - - - - - Baseball Stadium-13826 - - - - - - - - 42,935.13 - - - Economic Develop(CCREDC)-14700 - 24,897.02 - - - - - - - 93,750.00 - 31,250.00 Affordable Housing-15000 43,612.25 40,000.00 70,000.00 10,000.00 20,000.00 - 20,000.00 10,000.00 3,250.20 23,183.20 20,000.00 10,000.00 Major Bus Incentive Prj-15010 236,651.92 303,377.16 - - 760,000.00 - 25,900.00 38,545.45 - SmaII Business Projects-15020 56,858.19 79,724.49 - 24,101.64 35,726.33 26,660.73 19,795.75 38,693.15 20,552.42 18,978.84 67,283.25 28,432.37 BJD-Administration-15030 - 419.44 - 566.58 - - - 138.93 - - - - Habitat for Humanity-15041 - - - - - - - - - - - - CC-City Reimbursement-15042 - - - - 4,004.68 - - - 4,599.70 - 2,465.64 - Transfer to Gen Fd-Admin Svc Chrg 2,421.50 2,421.50 2,295.17 2,295.17 2,295.17 2,295.17 2,295.17 2,295.17 2,295.17 2,295.17 2,295.17 2,295.17 Total expenditures 2,492,043.86 450,839.61 72,295.17 36,963.39 62,026.18 28,955.90 42,090.92 811,127.25 73,632.62 164,107.21 130,589.51 71,977.54 Cash balance 12,390,179.14 12,476,462.09 12,940,939.67 13,570,714.02 14,087,566.82 14,639,496.97 15,313,873.67 15,082,263.43 15,569,625.88 16,117,401.82 16,008,756.28 15,959,343.88 CORPUS CHRISTI BUSINESS&JOB DEVELOPMENT(ECONOMIC DEVELOPMENT FUND) CASH FLOW STATEMENT(ESTIMATES) August 1,2016-July 31,2019 August September October November December January February March April May June July Beginning cash balance 15,959,343.88 15,192,674.61 14,426,005.34 14,320,454.43 14,214,903.51 14,109,352.60 14,003,801.69 13,898,250.77 13,792,699.86 13,687,148.95 13,581,598.03 13,476,047.12 Revenue: Sales Taxes Received - - - - - - - - - - - - Interest on investments 6,250.00 6,250.00 8,333.33 8,333.33 8,333.33 8,333.33 8,333.33 8,333.33 8,333.33 8,333.33 8,333.33 8,333.33 Total revenue 6,250.00 6,250.00 8,333.33 8,333.33 8,333.33 8,333.33 8,333.33 8,333.33 8,333.33 8,333.33 8,333.33 8,333.33 Total cash available 15,965,593.88 15,198,924.61 14,434,338.67 14,328,787.76 14,223,236.85 14,117,685.93 14,012,135.02 13,906,584.11 13,801,033.19 13,695,482.28 13,589,931.37 13,484,380.45 Expenditures: Baseball Stadium 6,404.78 6,404.78 6,917.17 6,917.17 6,917.17 6,917.17 6,917.17 6,917.17 6,917.17 6,917.17 6,917.17 6,917.17 Economic Development(CCREDC svc; 10,416.67 10,416.67 10,416.67 10,416.67 10,416.67 10,416.67 10,416.67 10,416.67 10,416.67 10,416.67 10,416.67 10,416.67 Affordable Housing 41,666.67 41,666.67 2,500.00 2,500.00 2,500.00 2,500.00 2,500.00 2,500.00 2,500.00 2,500.00 2,500.00 2,500.00 Major Bus Incentive 590,675.29 590,675.29 - - - - - - - - - - Small business Projects 120,210.69 120,210.69 58,625.00 58,625.00 58,625.00 58,625.00 58,625.00 58,625.00 58,625.00 58,625.00 58,625.00 58,625.00 Other - - 27,852.25 27,852.25 27,852.25 27,852.25 27,852.25 27,852.25 27,852.25 27,852.25 27,852.25 27,852.25 CC-City Reimbursement - - 833.33 833.33 833.33 833.33 833.33 833.33 833.33 833.33 833.33 833.33 BJD-Administration 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 Transfer to Gen Fd-Admin Svc Chrg 2,295.17 2,295.17 5,489.83 5,489.83 5,489.83 5,489.83 5,489.83 5,489.83 5,489.83 5,489.83 5,489.83 5,489.83 Total expenditures 772,919.27 772,919.27 113,884.25 113,884.25 113,884.25 113,884.25 113,884.25 113,884.25 113,884.25 113,884.25 113,884.25 113,884.25 Cash balance 15,192,674.61 14,426,005.34 14,320,454.43 14,214,903.51 14,109,352.60 14,003,801.69 13,898,250.77 13,792,699.86 13,687,148.95 13,581,598.03 13,476,047.12 13,370,496.21 ^The last date to collect one-eighth of one percent sales tax is March 31,2018. K:\Finance\SHARED\4A\2017-2018\P70-July 2018\Cash Flow July 2018 Corpus Christi Business and Job Development Corporation Affordable Housing Contracts and Commitments Since Inception through July 31,2018 Affordable Housing-Projects Approved by Board and City Council Since Inception Monthly Activity Year-to-Date Inception to Revised Contract Ending Awarded/ Contractual Date (Amounts Awarded Cumulative Cumulative Beginning Monthly Reprogrammed Ending YTD Protect Closed Commitment Reprogrammed Since Inception) Expenditures Balance Balance Expenditures during the Month Balance Expenditures ACTIVE PROJECTS: City of CC-Reimbursement FY 06-07 52,500 105,382 157,882 142,979 14,903 14,904 - - 14,904 11,070 Homebuyer Assistance Program FY 16-17 107,500 1,272,500 1,380,000 1,036,268 343,732 353,732 10,000 - 343,732 186,433 Available for Projects FY 16-18 1,392,500 738,273 654,227 654,227 654,227 654,227 $ 1,552,500 $ 639,609 $ 2,192,109 $ 1,179,247 $1,012,862 1,022,863 10,000 - 1,012,863 197,504 CLOSED PROJECTS: Habitat for Humanity FY 16-17 $ - 107,842 $ 107,842 $ 107,842 $ - CityofCC-Model Block Program FY 14-15 200,000 (42,842) 157,158 157,158 - - - - - - CC Housing Authority La Armada II FY 14-15 - 500,000 500,000 500,000 - - - - - - HabitatforHumanity FY 13-14 310,000 - 310,000 310,000 - - - - - - VanguardHall-Homebuyer Assistance FY 10-11 100,000 - 100,000 100,000 - - - - - - CBCIL-Home of Your Own FY 10-11 20,000 - 20,000 20,000 - - - - - - NuecesCountyCommunityActionAgency FY 09-10 1,110,000 (147,799) 962,201 962,201 - - - - - - CityofCC-HOME Project FY 09-10 245,000 - 245,000 245,000 - - - - - - Extreme Homes FY 09-10 160,067 - 160,067 160,067 - - - - - - ffordable Housing Projects-(Approved by Board&City Oounci FY 09-10 500,000 2,043,123 2,543,123 2,543,123 - - - - - - Marketing for Housing Programs FY 08-09 30,000 (30,000) - - - - - - - - NuecesCounty CommundyAchm,Agency-Marketing Campagn FY 08-09 25,000 - 25,000 25,000 - - - - - - Catholic Charities FY 08-09 56,000 - 56,000 56,000 - - - - - - CCC,mmunity Development Corporation FY 07-08 121,500 121,500 121,500 $ 2,877,567 $ 2,430,324 $ 5,307,891 $ 5,307,891 $ $ 4,430,067 $ 3,069,933 $ 7,500,000 $ 6,487,138 $1,012,862 $1,022,863 $ 10,000 S - $1,012,863 $ 197,504 Homebuyer Assistance Program-Approved (Cib of cc Nemb.,-.nt)w it need to be appropriated r the Board wants to by Board and City Council)as of RECAP OF ECONOMIC DEVELOPMENT FUND July 31,2018 $ 343,732 Fund Balance at September 30,2017 $11,687,215 Remaining Budgeted Revenue for FY 2017-2018 4,199,025 Committed/Unpaid Actual Revenue to-Date 1,203,510 Total funds available $17,089,750 Amount committed for Major Business Incentives for FY2017-2018 $ 784,047 Amountcommitted for Small Business Projects for FY 2017-2018 462,168 Amount committed for Affordable Housing for FY 2017-2018 1,012,863 Budgeted Debt Service Payments&Other Misc Expenses for FY2017-2018 52,807 Total funds committed 2,311,885 Paid Housing to-Date $ 197,504 - Paid Small Business to-Date 280,224 Paid Major Business Incenbves to-Date 824,445 Remaining Balance to include Paid Expenses to-Date 191,592 Committed Unpaid and Funded $ 1,493,766 as of August 31,2018 3 Available Balance in the Fund for FY 2017-2018 $13,284,100 KW,nance\SHAREDM1A2017-20181P10-July 2018AA Contacts and Commitments July 2018 1 Corpus Christi Business and Job Development Corporation Major Business Incentives Contracts and Commitments As of July 31,2018 Major Business Incentives-Projects Approved by Board and City Council Contractual Re- Expended This Expended to Balance Unpaid Project Commitment programmed Revised Contract Year Date but Committed FY 17-18 FY 19-25 Majek Boats $ 360,000 $ - $ 360,000 $ - $ 325,888 $ 34,112 34,112 - CMC 132,600 - 132,600 - 106,080 26,520 26,520 - Kanon Services 120,000 - 120,000 - 72,000 48,000 48,000 - Motorglobe 125,000 (75,000) 50,000 - - 50,000 50,000 - HEB Bakery 850,000 250,000 1,100,000 760,000 1,100,000 - - - Texas A&M-Electrical Engineering 1,000,000 - 1,000,000 - 995,577 4,423 4,423 - CC Cold Storage,LLC and South Texas Cold Storage,LLC 265,000 - 265,000 38,545 131,657 133,343 27,343 106,000 Hausman Foods,LLC 205,920 - 205,920 - 74,131 131,789 90,605 41,184 Govind Development,LLC 908,000 - 908,000 - 453,606 454,394 303,044 151,350 QSROnline.com 129,500 - 129,500 25,900 77,700 51,800 - 51,800 Sitel Operating Corporation 500,000 - 500,000 - - 500,000 200,000 300,000 Texas A&M-Civil&Industrial Engineering 2,000,000 - 2,000,000 - - 2,000,000 - 2,000,000 The Nueces County Courthouse 3,000,000 - 3,000,000 - - 3,000,000 - 3,000,000 Arena Co-Promotion(Buccaneer Days Rodeo) 110,000 - 110,000 - - 110,000 - 110,000 Available for Projects - - - - - - - - Totals $ 9,706,020 $ 175.000 $ 9,881,020 $ 824,445 $ 3,336,639 $ 6,544,381 $ 784,047 $5,760,334 RECAP OF ECONOMIC DEVELOPMENT FUND Fund Balance at September 30,2017 $ 11,687,215 Remaining Budgeted Revenue for FY 2017-2018 4,199,025 Actual Revenue to-Date 1,203,510 Total funds available $ 17,089,750 Amount committed for Major Business Incentives for FY 2017-2018 $ 784,047 Amount committed for Small Business Projects for FY 2017-2018 462,168 Amount committed for Affordable Housing for FY 2017-2018 1,012,863 Budgeted Debt Service Payments&Other Misc Expenses for FY2017-2018 52,807 Total funds committed $ 2,311,885 Paid Housing to-Date $ 197,504 Paid Small Business to-Date 280,224 Paid Major Business Incentives to-Date 824,445 Paid Expenses to-Date 191,592 $ 1,493,766 Available Balance in the Fund for FY 2017-2018 $ 13,284,100 K\Finance\SHAREDWA\2017-2018\P10-July2018WA Contracts and Commitments July2018 2 Corpus Christi Business and Job Development Corporation Small Business Projects Contracts and Commitments As of July 31,2018 Small Business Projects- Approved by Board and City Council FY 2017-2018 FY 2017-2018 Remaining FY FY 2016-2017 FY 2016-2017 De- Remaining FY Balance Contractual Expended to 2017-2018 Contractual Expended to Paid in FY Obligated 2016-2017 Unpaid but Protect Commitment Date Commitments Commitment Date 2018 2018 Commitments Committed FY16-17 FY17-18 LIFTFUND,INC 250,000 55,107 194,893 250,000 152,479 6,349 91,172 194,893 $ $194,893 Texas A&M Internship 150,000 50,939 99,061 150,000 59,884 30,106 60,010 99,061 99,061 Del Mar College Internship 150,000 24,149 125,851 150,000 62,992 35,419 51,589 125,851 125,851 SCORE 52,600 37,073 15,527 52,600 52,595 - 5 15,532 5 15,527 Del Mar College-PTAC 48,490 24,434 24,056 48,490 29,065 16,650 2,775 26,831 2,775 24,056 $ 651,090 $ 191,702 $ 459,388 $ 651,090 $ 357,015 $ 88,523 $202,772 $ 2,780 $ 462,168 $ 2,780 $459,388 (A) (A) RECAP OF ECONOMIC DEVELOPMENT FUND Fund Balance at September 30,2017 $ 11,687,215 Remaining Budgeted Revenue for FY 2017-2018 4,199,025 Actual Revenue to-Date 1,203,510 Total funds available $ 17,089,750 Amount committed for Major Business Incentives for FY 2017-2018 $ 784,047 Amount committed for Small Business Projects for FY 2017-2018 462,168 Amount committed for Affordable Housing for FY 2017-2018 1,012,863 Budgeted Debt Service Payments&Other Misc Expenses for FY2017-2018 52,807 Total funds committed $ 2,311,885 Paid Housing to-Date $ 197,504 Paid Small Business to-Date 280,224 Paid Major Business Incentives to-Date 824,445 Paid Expenses to-Date 191,592 $ 1,493,766 Available Balance in the Fund for FY 2017-2018 $ 13,284,100 Total 2018 Expenses 2(A) $ 280,224 K:\Finance\SHAREDWA\2017-2018\P10-July 2018WA Contracts and Commitments July 2018 3 Type A Fund 1140 Pro-Forma FY 2018-FY 2025 For the Ten Months Ended July 31,2018 Od1-Sep130 Od1-Sep130 FY 17-18 FY 19-25 Beginning Balance $ 11,687,215 $ 13,284,100 Current Year Actual Revenue Budget Year-to-Date 5,402,535 4,976,647 - Remaining Budgeted Revenue 425,888 Total Revenue,plus Beginning Balance S 17,089,750 $ 13,284,100 Current Year Current Year Major Business Incentives Unpaid Commitments Paid Commitments Majek Boats 34,112 - - Commercial Metals Company 26,520 - - Kanon 48,000 - - Motorglobe 50,000 - - HEB - 760,000 - Texas A&M-Electrical Engineering 4,423 - - CC Cold Storage,LLC and South Texas Cold Storage,LLC 27,343 38,545 106,000 Hausman Foods,LLC 90,605 - 41,184 Govind Development,LLC 303,044 - 151,350 QSROnline.com - 25,900 51,800 Sitel Operating Corporation 200,000 - 300,000 Texas A&M-Civil&Industrial Engineering - - 2,000,000 The Nueces County Courthouse - - 3,000,000 Arena Co-Promotion(Buccaneer Day's Rodio) - - 110,000 Available for Projects Total Major Business Incentives 784,047 824,445 5,760,334 Small Business Projects 462,168 280,224 - Affordable Housing 1,012,863 197,504 - Total Incentives,Projects,and Housing 2,259,078 1,302,173 5,760,334 Commitments to be paid by the end of the fiscal year 2,259,078 Current Year Actual Expenditures Expenses Remaining Budget Year-to-Date Interest Payments - - - Principal Payments - - - Agent Fees - - - CC Regional Economic Development Corp.services - 125,000 - Baseball Stadium 33,922 42,935 112,460 Administration Costs 18,885 23,657 15,000 Total 52,807 191,592 127,460 Expenses to be paid by the end of the fiscal year 52,807 Total Expenses 3,805,650 5,887,794 Ending Balance $ 13,284,100 $ 7,396,306 CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION FUND 1140: ECONOMIC DEVELOPMENT FUND DETAIL of July 2018 COMMITMENT EXPENDITURES DATE VENDOR AMOUNT DESCRIPTION Affordable Housing 7/25/2018 109474Security Title 10,000.00 7206 Elwood A-2, CC TX 10,000.00 Economic Develop(CCREDC) Program Exp Reimbursement 7/10/2018 Economic Develop 31,250.00 Invoice# 201875 31,250.00 Small Business Program Exp Reimbursement 4/30/2018 LIFTFUND 500.00 Invoice#51002229 6/30/2018 LIFTFUND 2,853.04 Invoice#51002263 6/30/2018 LIFTFUND 6,447.73 Invoice#51002264 9,800.77 Program Exp Reimbursement 7/3/2018 TAMUCC INTERNSHIP 6,973.66 Invoice# M180039 6,973.66 Program Exp Reimbursement 7/20/2018 DMC INT 5,176.00 Invoice# 201775INT 5,176.00 Program Exp Reimbursement 7/10/2018 SCORE 2,657.98 Invoice# 1806 2,657.98 Program Exp Reimbursement 7/20/2018 DMC PTAC 3,823.96 Invoice# 201805PTAC 3,823.96 Total Small Business 28,432.37 Fund 1140 Total Professional Expenses 69,682.37 se o� � AGENDA MEMORANDUM NCORPopp`EQ Corpus Christi Business and Job Development Corporation Meeting 1852 September 17, 2018 DATE: September 12, 2018 TO: President and Honorable Board Members, Corpus Christi Business and Job Development Corporation THROUGH: Keith Selman, Interim City Manager FROM: Matt Blasy, General Manager— SMG American Bank Center MattB@cctexas.com 361-826-4171 Arena Marketing/Co-Promotion Fund Request— Corpus Christi Ice Rays CAPTION: Motion authorizing the expenditure of$150,000 from American Bank Center Arena Marketing Co-Promotion Fund for the Corpus Christi Ice Rays for fiscal year 2019. PURPOSE: SMG/American Bank Center is requesting a total of$150,000 from the Arena Marketing Co- Promotion Fund to assist the Ice Rays in offsetting operating costs for 2018-2019 season. BACKGROUND AND FINDINGS: The objective of the American Bank Center Arena Marketing/Co-Promotion Fund is to provide funding to the American Bank Center Arena to offset event related expenses incurred for the purpose of attracting business to the Arena such as: tenant leases, conventions, and other events and business opportunities. The purpose of this memo is related to the sports-related tenant part of our business. For the last nine (9) hockey seasons, the Type A Board has provided funding to offset rent- expense related to the hockey games. Season Amount Awarded 2009-2010 $50,000.00 2010-2011 $100,000.00 2011-2012 $100,000.00 2012-2013 $100,000.00 2013-2014 $100,000.00 2014-2015 $100,000.00 2015-2016 $100,000.00 2016-2017 $100,000.00 2017-2018 $100,000.00 This financial assistance has been critical in keeping the Ice Rays as a tenant of the American Bank Center and as a team that calls Corpus Christi "home". In exchange for this financial assistance, the IceRays provide a ticket voucher-distribution program. This program provides increased attendance for a customer base who would not ordinarily have access to the games and/or they may use the tickets to produce a significant and positive impact in the community. The IceRays organization has consistently proven to be a valued tenant and a respected member of the community. Within the community, the IceRays organization consistently generates significant levels of charitable contributions, creates new jobs, mentors students and provides scholarship funding. The Type A Board has historically funded rent-rebates at a rate of$100,000 per season (spread over twenty-eight (28) games from September—April). Each year the IceRays receive $100,000 in Marketing and Co-Promotion Funds as a subsidy for rental space at the Arena. The IceRays have enjoyed nine seasons without a rent increase. The new contract between SMG and the IceRays includes an increase in rent and also the billing of game and practice related direct costs previously absorbed by SMG. SMG is requesting an additional $50,000 per year to further subsidize the IceRays and assist them with these cost increases. At their June 25, 2018 meeting, the Type A Board approved the proposed FY19 Arena budget, which includes this $50,000 increase. During the 2017-2018 Season, the IceRays provided the Type A Board with the following: Advertising: • 3' x 8' Arena banner with Type A Logo • Type A Logo on team website • Type A Logo on game advertisement Additional Information: • Main Tenant at American Bank Center (28 nights) • The IceRays average 3,200 + fans per game totaling almost 100,000 per season o 2950 average attendance, total 88,495 • 900 + Hotel Rooms (visiting teams, referees, league officials and supervisors, parents and fans/booster clubs) • Those teams, referees, league officials, parents, etc. eat in local restaurants and purchase gas, goods and rent vehicles. • 12 Full Time Employees • 10 Part-Time Employees • 5Internships • 100 + Employees per night at the American Bank Center between (including parking, box office, ushers/ticket takers, security, changeover crew, EMT, cleanup crew, concessionaire, video board operators, PA announcer, ice crew, etc.). • The IceRays donate each year in excess of$100,000 in cash, merchandise and tickets to different charities in the community (American Cancer Society, Brooke's Blossoming Foundation, DARS, St-Jude's Children Hospital, Nueces Jr. Livestock Show, MS, American Diabetes Association, Miracle League, Division for Blind Services, S.T.A.R.S, Ronald McDonald House, CASA, Mission 911, Heart Association, Women's Shelter, etc.). o Total Cash Donation $37,435.76 Tuloso Midway, CASA, Stars Scholarship, Boy Scouts of America South Texas Council, Coastal Bend Community Foundation (Coastal Bend Disaster Recovery Group), Gloria Hicks Elementary, Keep Aransas Pass Beautiful, Boys & Girls Club, The Purple Door (Women's Shelter), American Heat Association, ECF Community Center, National Multiple Sclerosis Society, St. Jude Children's Research Hospital, No Kid Hungry, AutoNation Saltwater Roundup to benefit Driscoll Children's Hospital. o Total Ticket Voucher Donations Donated $887,436.00 o Total Ticket Voucher Donations Redeem $155,617.00 See Attached Voucher Redemption Report • The IceRays players and mascot completed over 1,000 community hours this past season. Volunteer events included Habitat for Humanity, Making Strides Walk, Brooke's Blossoms 5k Run, Downtown Management Curb Paint, and several school visits and events in the surrounding area. Total Hours 1764 See Attached Community Relations Reports • The IceRays have events that take place during all the home games including Specialty Nights such as Stars N Stripes Night to honor military personnel and all first responders in the area, and Boy Scout and Girl Scout nights which gives scouts the opportunity to earn badges. School day game for CCISD that is in conjunction with MD Anderson. After all home games the IceRays have post-game skating which gives the public the opportunity to get on the ice to skate with our players. o Specialty Games o City / County Night (City and County Employee Appreciation Game) o Childhood Cancer Night benefiting, Blossoming Hope for Childhood Cancer o Stars and Stripes Night (Military, Law Enforcement, and First Responders) o Hurricane Harvey Relief Effort Game o Great American Smoke Out Game o (2) Grades for Blades Games— School Incentive Program o Teacher Appreciation Game o American Heart Association Game o Pack the House for Charity benefiting, No Kid Hungry o Boy Scout Night o Girl Scout Night o Toy Drive Night (Toys Donated to Hope House &Women's Shelter) o Texas Skill Night o The Purple Door (Women's Shelter) Game o MS Society Game o VA Hospital Game o Young Business Professional Game o Skate Events o Boys and Girls Club o ECF Community Center o National MS Society o Charity Events (Non-Game Day) o Tip A Ray: The Exchange — Corpus Christi, held a benefit where the IceRays Players were waiters for a night and all the tips made benefited the American Heart Association. o Golf Tournament: Annual Golf Tournament, to benefit St. Jude Children's Research Hospital OTHER CONSIDERATIONS: Not Applicable. CONFORMITY TO CITY POLICY: This request conforms to the Arena's Marketing/Co-Promotion Fund policy which has been approved by the City of Corpus Christi and the Type A Board. DEPARTMENTAL CLEARANCES: City Manager's Office Legal Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: FY18 Current Year Line Item Budget $600,000 Encumbered / Expended Amount $370,000 This item $150,000 BALANCE $80,000 Fund(s): Visitors Facilities Fund 4710 Comments: None. RECOMMENDATION: Staff recommends approval of this motion. LIST OF SUPPORTING DOCUMENTS: Community Hours Report Voucher Report Date Event PRE-SEASON 9/3/2017 Hurricane Harvey Clean-up 9/28/2017 Meet & Greet TOTAL HOURS Oct-17 10/7/2017 Heart Walk TOTAL HOURS Dec-17 12/2/2017 AmSpec 12/4/2017 Faye Webb Elementary 12/6/2017 Woman's Shelter 12/6/2017 Hope House 12/23/2017 Christmas Skate TOTAL HOURS Jan-18 1/10/2018 Hicks Elementary 1/18/2018 Spirit Center Dinner 1/24/2017 Hicks Elementary 1/31/2018 Hicks Elementary TOTAL HOURS Feb-18 2/3/2018 Coastal Bend Showcase 2/3/2018 Habitat for Humanity 2/6/2018 Boys & Girls Club Skate 2/10/2018 Timeless Treasures 2/12/2018 Hicks Elementary 2/14/2018 Hicks Elementary 2/21/2018 Hicks Elementary 2/25/2018 The Exchange Tip Dinner 2/28/2018 West Oso Elementary TOTAL HOURS Mar-18 3/1/2018 Business Professional of Ameri 3/13/2018 ECF Skate 3/17/2018 MS Skate 3/17/2018 HEB Ticket Giveaway 3/26/2018 Golf Tournament 3/27/2018 Habitat for Humanity 3/29/2018 OPT Mixer 3/31/2018 HEB Ticket Giveaway TOTAL HOURS Apr-18 4/7/2018 HEB Ticket Giveaway TOTAL HOURS Description # of Players # of Hours/Person Clean-up after Hurricane Harvey 30 10 Pre-season player intro 25 3 Coastal Bend Heart Walk 5 4 Players attended a cookout 3 3 Players helped with a 3rd/4th grade PE class 4 2 Delivered presents to children of the shelter 5 1 Delivered presents to children of the shelter 5 1 Public Skate @ ABC 7 8 Gloria Hicks' school reading program 5 2 Benefit Dinner on the Lexington 3 5 Gloria Hicks' school reading program 5 2 Gloria Hicks' school reading program 5 2 Assisted with the activites of the showcase 18 3 Hurrican Harvey Press Conference with Goveri 3 4 Public Skate Benefiting Boys & Girls Club 11 4 Customer Appreciation 10 2 Gloria Hicks' school reading program 5 2 Gloria Hicks' school reading program 5 2 Gloria Hicks' school reading program 5 2 Raised funds for Am. Heart Assoc. by tips 25 3 Players spoke during Texas Public Schools WE 3 2 Judged on multiple different categories 23 5 Public Skate benefiting ECF Community Cente 10 4 Public Skate benefiting The MS Society 7 5 Players passed out tickets at HEB Plus 2 2 Tournament benefiting St. Jude's 28 8 Assisted with Home Building 25 5 Player Appearence 5 4 Players passed out tickets at HEB Plus 2 2 Players passed out tickets at HEB Plus 2 2 TOTAL HOURS Total # of Hours 300 75 Staff Hours 375 87 462 20 Staff Hours 20 8 28 9 8 5 5 56 Staff Hours 83 30 113 10 15 10 10 Staff Hours 45 22 67 54 12 44 20 10 10 10 75 6 Staff Hours 241 74 315 115 40 35 4 224 150 20 4 Staff Hours 592 179 771 4 Staff Hours 4 4 8 1764 Game Type A Donations 29-Sep Hurricane Harvey 30-Sep Brooke's Blossoming Hope for Childhood Cancer 10-Nov CC Kite & Bike Festival 10-Nov Robert Driscoll Middle School 11-Nov Stars and Stripes Night (Military, Law Enforcement, First Responders) 11-Nov Robert Driscoll Middle School 17-Nov Great American Smoke Out Game (The council on alcohol & drug abuse coastal bend) 17-Nov Golden Coral Event (Vetern's Day) 17-Nov Robert Driscoll Middle School 18-Nov Golden Coral Event (Vetern's Day) 18-Nov Robert Driscoll Middle School 2-Dec Grades for Blades (School Incentive Program) 2-Dec Port A Police Department 2-Dec Robert Driscoll Middle School 2-Dec TAMUCC 3-Dec Blood Bank 3-Dec Robert Driscoll Middle School 28-Dec Robert Driscoll Middle School 29-Dec Nueces Co -Child Welfare Foundation 29-Dec Robert Driscoll Middle School 13-Jan City/County Night(City and County Employee Appreciation Game) 19-Jan Teacher Appreciation Game 9-Feb Boys& Girls Club 16-Feb Community Options Inc (Cupid's Chase 5k) 17-Feb Human Society 17-Feb Heart Association (Silent Auction) 23-Feb Texas A&M Kingsville 24-Feb American Heart Association 24-Feb American Heart Association (Silent Auction) 24-Feb Triump Wings of Texas 2-Mar Education Service Center 2-Mar Friends of Padre(Beach Clean Up) 3-Mar Grades for Blades (School Incentive Program) 17-Mar Coastal Bend Wellness Foundation 17-Mar MS/ KIII Skate Event 17-Mar St. Patrick-Walk/ Run 30-Mar Blood Drive 30-Mar CCISD 30-Mar MS/ KII -Skate Event 30-Mar MS Walk 31-Mar Blood Drive 31-Mar Coastal Bend Wellness Foundation 31-Mar Grant Middle School/Taft JR High 31-Mar MS Walk 31-Mar Science& Nature Club 31-Mar Veterns Group 6-Apr Aransas Pass High School 6-Apr Branch Academy 6-Apr Calallen High School 6-Apr Carrol High School 6-Apr Collegiate High School 6-Apr Flour Bluff High School 6-Apr Ingelside High School 6-Apr King High School 6-Apr Kingsville High School 6-Apr Meadowbrook Elementary 6-Apr Miller High School 6-Apr Moody High School 6-Apr NAS- Kingsville 6-Apr Ray High School 6-Apr Rockport High School 6-Apr Taft High School 6-Apr Tuloso Midway High School 6-Apr Veteran Memorial High School 7-Apr King High School 7-Apr Taft High School Totals Ticket Value Totals #Vouchers Total Redeem % 5874 1294 22% 1500 287 19% 300 91 30% 50 12 24% 10730 1853 17% 50 17 34% 3782 482 13% 150 36 24% 50 5 10% 150 20 13% 50 4 8% 9500 1150 12% 100 14 14% 50 17 34% 60 8 13% 3000 115 4% 50 3 6% 50 29 58% 70 17 24% 50 5 10% 8075 2876 36% 10950 1720 16% 1500 237 16% 400 89 22% 100 0 0% 300 82 27% 500 154 31% 1050 206 20% 400 75 19% 50 6 12% 700 130 19% 100 0 0% 10500 1045 10% 500 240 48% 900 207 23% 100 29 29% 300 54 18% 1200 72 6% 300 98 33% 500 184 37% 300 41 14% 1000 275 28% 200 10 5% 200 25 13% 100 14 14% 550 189 34% 200 31 16% 150 0 0% 200 48 24% 300 26 9% 150 2 1% 200 68 34% 200 19 10% 310 32 10% 200 42 21% 430 34 8% 300 36 12% 300 40 13% 60 33 55% 300 44 15% 200 57 29% 200 13 7% 200 43 22% 300 33 11% 10 4 40% 75 25 33% 80676 14147 18% $11.00 $11.00 $887,436.00 $155,617.00 SC GO O Va. U NORROPp�EO AGENDA MEMORANDUM 1852 Corpus Christi Business and Job Development Meeting September 17, 2018 DATE: September 4, 2018 TO: President and Honorable Board Members, Corpus Christi Business and Job Development Corporation THROUGH: Keith Selman, Interim City Manager FROM: Mike Culbertson, COO Corpus Christi Regional Economic Development Corporation mculbertson@ccredc.com (361) 882-7448 Extend Grant for LiftFund CAPTION: Motion authorizing Renewal No. 1 of the Small Business Incentive agreement with LiftFund, Inc. for the interest buy-down program in the amount of$250,000 from October 1, 2018 through September 30, 2019. PURPOSE: Approve a Type A Grant for LiftFund for a loan buy-down program for Fiscal Year 2019 BACKGROUND AND FINDINGS: LiftFund, Inc. supports small and start-up companies with a loan interest buy-down program when traditional financing is not available. Type A has provided funding since 2004. LiftFund has loaned $8,759,875.20 of their own funds and has assisted over 268 small businesses in the city since the inception of this program. In 2018 LiftFund has made loans to 18 different businesses. These businesses have created 18 new jobs and retained 60 jobs. The Board approved the Small Business Assistance budget in June that included this program. The current agreement allows for the Board to extend this agreement for up to two additional years. The current agreement will buy down the interest to 5.5%. LiftFund asked that the interest could be bought down to 0% for those businesses that take out loans to deal with Hurricane Harvey damage. ALTERNATIVES: Enlist local banks to lend to small businesses. However to qualify for this program, small businesses must have been turned down for a bank loan. Additionally local banks already participate in the Small Business Administration (SBA) loan program. OTHER CONSIDERATIONS: By helping small businesses the City is increasing the economic development and growing future jobs. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and assisting small businesses thrive in Corpus Christi. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2018- Expenditures 2019 (CIP only) Current Year Future Years TOTALS Line Item Budget 250,000 250,000 Encumbered / Expended Amount This item 250,000 250,000 BALANCE 0 0 Fund: Type A Fund 1140 Comments: This item was approved in the Type A Small Business budget RECOMMENDATION: Staff recommends approving the grant for one year for $250,000 for their small business loan buy-down program. LIST OF SUPPORTING DOCUMENTS: Letter Requesting Renewal of Program Small Business Incentive Agreement — LiftFund Buy-Down Program Lf- Fund DREAM IT. FUND IT. Launching EntrMeneurs for 20 tws September 06, 2018 Mike Culbertson, Chief Operating Officer 800 N.Shoreline Blvd. Suite 1300 S. Corpus Christi,TX 78401 Dear Mr. Culbertson: Liffund,Inc.respectfully requests a renewal of the Type A agreement from the Corpus Christi Business and job Development Corporation to continue the City of Corpus Christi Buy Down Program. We appreciate the opportunity to partner with you again and provide critical funding for Corpus Christi small business owners.The$250,000 provided for the City of Corpus Christi Buy Down from October 1, 2017 through September 6, 2018 allowed Liffund to provide 19 low-interest loans for a total of$360,643.21 in the City of Corpus Christi,to date.We are on course to provide an additional five loans for a total of$175,000 by September 30, 2018. The reauthorization request of$250,000.00 will fund the program from October 1,2018,through September 30, 2019 and will make a significant and meaningful impact on our work and the lives of small business owners in Corpus Christi. Best Regards, Janie Barrera President&Chief Executive Officer F 210 533 2940 1 Customer Care 888 215 2373 i 2007 W.Martin Street San Antonio,TX 78207 1 liftfund.com SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND LIFTFUND, INC. FOR AN INTEREST BUY DOWN PROGRAM FOR SMALL BUSINESSES This Small Businesses Incentives Agreement for an Interest Buy Down Program for Small Businesses ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and LiftFund, Inc., a Texas nonprofit corporation ("LiftFund"). 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, 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 November 14, 2016, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on December 20, 2016; WHEREAS, Section 501.073 of The Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, LiftFund is a Texas nonprofit corporation whose principal mission is to provide loans to small business owners lacking access to commercial credit; WHEREAS, LiftFund anticipates, over the next twelve months, providing interest buy down to 5.5% for approximately 60 loans with an average value of $25,000 to low and moderate income micro and small business owners in Corpus Christi to generate 20 new permanent full-time jobs; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to LiftFund, through this contract with LiftFund, to be used by LiftFund to buy down the interest on commercial loans to 5.5% interest for small businesses, and 0% interest on loans for small businesses related to recovery from damage caused by the recent hurricane, and establish a small business grant program, both of which will result in creation of new full-time permanent jobs in the city of Corpus Christi. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and LiftFund agree as follows: Page 1 of 12 Agreement LiftFund 2017-2018CC 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 one year from October 1, 2017, through September 30, 2018. 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, LiftFund must reapply every year for the grant. 3. Loan Loss Reserve Program. a. The Corporation has previously provided $75,000 for the Loan Loss Reserve Program. b. The Loan Loss Reserve Program funds will be used to allow LiftFund to leverage additional capital for small business loans. c. "Small business" is defined in the Corpus Christi Business & Job Development Corporation Guidelines & Criteria for Granting Business Incentives ("Corporation Guidelines). d. LiftFund anticipates that it will have one million dollars available on an annual basis to be lent to qualifying small businesses in Corpus Christi. e. For every$50,000 in loans that LiftFund provides to a small business in Corpus Christi, LiftFund shall ensure that the loan will result in the creation of one new full-time permanent job in the city of Corpus Christi. f. Businesses assisted must be located in or locating within the city limits of Corpus Christi, Texas. g. Businesses assisted must be unable to obtain a loan from traditional lending institutions. h. Loan amounts shall be within the range of$5,000 to $75,000. i. LiftFund shall provide the Corporation with quarterly reports to identify the loans made, name and address of business receiving loan, jobs created, and other reports as requested by the Corporation. j. LiftFund shall provide the corporation with quarterly reports of capital available for loans to qualified Corpus Christi small businesses or qualified small businesses locating to Corpus Christi. k. LiftFund will provide funds for operations and loan capital to implement and sustain the program. 4. Interest Buy Down Program. a. In consideration for creation and maintenance of new jobs as provided in this Agreement, the Corporation agrees to pay LiftFund up to $200,000 for the Interest Buy-Down Program as follows: Page 2 of 12 Agreement LiftFund 2017-2018CC i. LiftFund must first receive a request for a loan from a small business or start-up company that has the ability to produce jobs in the future and is located in Corpus Christi or will be locating in Corpus Christi ("Business"). ii.The request from the applicant must include a notarized affidavit stating that they have applied for normal financing from a bank, or similar lending institution, and have been denied a loan. iii. LiftFund shall review the request for a loan from the Business. iv. Upon LiftFund approval of a loan, and prior to the closing of the loan, LiftFund shall submit Attachment "A" to the Corporation requesting funds to buy down the interest rate from the interest rate allowable per the underwriting criteria to 5.5% or 0% interest for loans related to recovery from damage caused by a hurricane. The Corporation authorizes an interest buy down up to 7% of the interest rate to finance the loan. Payment by Corporation shall not exceed $17,500 per loan and shall be calculated using the following formula: For Non- Hurricane Related Loans: (Loan amount x interest rate to buy down to 5.5%)112 = N N x number of payments=interest buy down reimbursement to LiftFund for business loan. (The number of monthly payments shall not exceed sixty (60).) Example: ($10,000 x 7%)1 12 = 58.33 58.33 x 36 = $2,100 = amount to be reimbursed to LiftFund for business loan. For Hurricane Related Loans: (Loan amount x interest rate to buy down to 0.0%) 112 = N N x number of payments=interest buy down reimbursement to LiftFund for business loan. (The number of monthly payments shall not exceed sixty (60).) Example: ($10,000 x 12.5%)112 = 104.16 $104.16 x 36 = $3,750 =amount to be reimbursed to LiftFund for business loan. v. The Corporation shall provide a response to approve or deny the reimbursement for the Interest Buy Down Program funds to LiftFund within 2 business days of receipt of Attachment "A." The Corporation shall reimburse funds within 30 days after evidence of closing the loan is submitted. vi. The total funds available on an annual basis under the Interest Buy Down Program under this agreement are $200,000. Page 3 of 12 Agreement Liffund 2017-2018CC b. The loans assisted with the program must be within the range of$5,000 to $75,000. c. This program must result in the creation of one permanent full-time job per every loan of at least $50,000 assisted with the Interest Buy Down Program. Liffund shall ensure that the loan will result in the creation of one new full-time permanent job in the city of Corpus Christi. d. Businesses assisted through this program must be: i. A start-up or existing small business that is unable to obtain a loan from a traditional financial institution or unable to qualify for the total needed for a business loan through a bank or credit union, in which case Liffund can loan the remaining amount with the buy down interest rate program in conjunction with the bank\credit union. ii. An existing small business that needs assistance to expand. iii. Any business assisted under the provisions of paragraphs i or ii of this subsection, must be: A. Located in or locating in Corpus Christi city limits. B. Current on payment of all sales taxes. C. Current on payment of all ad valorem taxes in the City of Corpus Christi. e. The following projects are ineligible for this program: i. Refinancing of existing loans or debt ii. Businesses located outside the Corpus Christi city limits iii. Home-based businesses iv. Loans to existing businesses which are not planning on expanding v. Business retention. f. Liffund may use up to $200,000 to assist start-up and existing small businesses that have little or no access to traditional credit. g. Liffund shall provide the Corporation with quarterly reports as provided in Attachment "B" to identify the loans made, name and address of the business receiving the loan,jobs created under the Interest Buy Down Program, and other reports as requested by the Corporation. h. Liffund shall provide funds for operations and loan capital to implement and sustain the program. i. Liffund shall develop loan underwriting criteria and payment terms and conditions for its loan program and provide to the Corporation. Page 4 of 12 Agreement LiftFund 2017-2018CC j. At the termination of this agreement and after repayment or other conclusion of all loans assisted by Interest Buy Down Program, LiftFund will return to the Corporation any unexpended funds remaining from the Loan Loss Reserve Program. 5. Small Business Grant Program. a. In consideration for creation and maintenance of new jobs as provided in this Agreement, the Corporation agrees to pay Liffund up to $50,000 for the Small Business Grant Program as follows: i. Grants to loan applicants who do not meet standard underwriting criteria, either because of capacity, cash flow, or credit, who could benefit from a grant to boost their ability to become successful. The grant amount may not exceed $2,500 or 10% of the principal amount requested, whichever is less. ii. Grants to loan applicants who want to use part of loan proceeds to reduce energy consumption or transition into green retail products. The grant amount may not exceed $2,500 or 25% of the upgrades presented in the loan file. iii. Grants to loan applicants who provide services for working families (e.g. both children and adult day care centers)to improve their facilities to be compliant with state/federal standards. The grant amount may not exceed $2,500. iv. Grants to loan applicants that are veteran owned businesses. The grant amount may not exceed $500. v. Working capital grants to holders of existing loans with Liffund. If the loans that have paid routinely on time for a period of 24 months, the maximum grant amount may not exceed $1,000. If the loans have been paid routinely on time for a period of 12 months on time payments, the maximum grant amount may not exceed $500 grant. b. The loans assisted with the program must be within the range of$500 to $25,000. c. This program must result in the creation of one permanent full-time job per every related loan of at least $50,000 assisted through the Interest Buy Down Program. Liffund shall ensure that the loans will result in the creation of one new full-time permanent job in the city of Corpus Christi. d. Businesses assisted through this program must be: i. A start-up or existing small business that is unable to obtain a loan from a traditional financial institution or unable to qualify for the total needed for a business loan through a bank or credit union, in which case Liffund can loan the remaining amount with the Buy Down interest rate program in conjunction with the bank\credit union. ii. An existing small business that needs assistance to expand. iii. Any business assisted under the provisions of paragraphs i or ii of this subsection, must be: Page 5 of 12 Agreement LiftFund 2017-2018CC A. Located in or locating in Corpus Christi city limits. B. Current on payment of all sales taxes. C. Current on payment of all ad valorem taxes in the City of Corpus Christi. e. The following projects are ineligible for this program: i. Businesses located outside the Corpus Christi city limits ii. Home-based businesses located outside the Corpus Christi city limits iii. Grants to existing businesses which are not planning on expanding f. Liffund shall provide the Corporation with quarterly reports as provided in Attachment "B" to identify the grants made, name and address of the business receiving the grant, jobs created under the related Interest Buy Down Program, and other reports as requested by the Corporation. g. Liffund shall provide funds to implement and sustain the program. h. Liffund shall develop grant award criteria and payment terms and conditions for the grant loan program, and must provide copies of the criteria, terms, and conditions to the Corporation. i. At the termination of this agreement or other conclusion of the Small Business Grant Program, LiftFund shall return to the Corporation any unexpended funds remaining from the Small Business Grant Program. 6. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages at least as high as the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. 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. c. Liffund agrees to confirm and document to the Corporation that each job created as a result of funding provided by this Agreement is maintained throughout the term of the loan to the Business. d. LiftFund agrees to provide Corporation with a sworn certificate by authorized representative of each shall business assisted under this Agreement certifying the number of full-time permanent employees employed by the small business. e. LiftFund shall ensure that the Corporation is allowed reasonable access to personnel records of the small businesses assisted under this Agreement. 7. Buy Local Provision. Page 6 of 12 Agreement LiftFund 2017-2018CC a. LiftFund 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. 8. Local Offices. Two staff persons of LiftFund offices shall be located in Corporation designated offices or a mutually agreeable location. 9. Representation on LiftFund governing board. LiftFund agrees to appoint a person designated by the Corporation as a member of LiftFund governing board. 10. Warranties. LiftFund warrants and represents to Corporation the following: a. LiftFund is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, and further has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. LiftFund has the authority to enter into and perform, and will perform, the terms of this Agreement. c. LiftFund 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. LiftFund 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. If an audit determines that the funds were not used for authorized purposes, LiftFund agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. f. The parties executing this Agreement on behalf of LiftFund are duly authorized to execute this Agreement on behalf of LiftFund. g. LiftFund does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, LiftFund is convicted of a violation under §U.S.C. Section 1324a(f), LiftFund 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 LiftFund has been notified of the violation. 11. Compliance with Laws. LiftFund shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 12. Non-Discrimination. LiftFund covenants and agrees that LiftFund will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the Page 7 of 12 Agreement LiftFund 2017-2018CC 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. 13. Force Majeure. If the Corporation or LiftFund is 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 LiftFund 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. 14. Assignment. LiftFund 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. 15. Indemnity. LiftFund 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 LiftFund 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. LiftFund 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 an charges of attorneys and all other cost and expenses of any kind arising from the liability, damage,loss, claims, demands, or actions. 16. Events of Default. The following events constitute a default of this Agreement: a. Failure of LiftFund to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The Corporation or City determines that any representation or warranty on behalf of LiftFund 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 LiftFund or any attachment or other levy against the property of LiftFund with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. d. LiftFund makes an assignment for the benefit of creditors. e. LiftFund files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes owed by LiftFund become delinquent, and LiftFund fails to timely and properly follow the legal procedures for protest or contest. Page 8 of 12 Agreement Liffund 2017-2018CC g. LiftFund changes the general character of business as conducted of the date this Agreement is approved by the Corporation. 17. Notice of Default. Should the Corporation or City determine that LiftFund is in default according to the terms of this Agreement, the Corporation or City shall notify LiftFund in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for LiftFund to cure the event of default. 18. 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 LiftFund, 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. LiftFund shall immediately repay all funds paid by Corporation under this Agreement. b. LiftFund 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 LiftFund under this Agreement. 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. 19. 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 LiftFund' default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time LiftFund 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. 20. LiftFund specifically agrees that Corporation shall only be liable to LiftFund for the actual amount of the money grants to be conveyed to LiftFund, and shall not be liable to LiftFund 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, being October 1, 2017, through September 30, 2018. 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 Page 9 of 12 Agreement Liffund 2017-2018CC 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 LiftFund to be accompanied by all necessary supporting documentation. 21. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: LiftFund: LiftFund, Inc. Attn.: Janie Barrera 2007 West Martin Street San Antonio, Texas 78207 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 Aftn.: 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. 22. 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. 23. 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. 24. Relationship of Parties. In performing this Agreement, both the Corporation and LiftFund 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. Page 10 of 12 Agreement LiftFund 2017-2018CC 25. 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. 26. 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. 27. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 28. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and LiftFund. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 29. Survival of terms of agreement and obligations of parties. The terms of this agreement and the obligation of the parties relating to the Loan Loss Reserve Program and the Interest Buy Down Program shall survive the termination of this agreement. [The remainder of the page intentionally left blank] Page 11 of 12 Agreement Liffund 2017-2018CC APPROVED AS TO FORM: day of1j_bjZ,,,jC, , 2017. Assistant City Attorney For City Attorney Corpus Christi Busin Job Development Corporation By: President Date: A '1U117 Attest: �s, �►�I�-�! By: IT MURML 94J.10)4 Rebecca Huerta Assistant Secretary SECRETARY LiftFund, Inc. By: J ie Barrera President and Chief Executive Officer Date: 4iv67d_cr _;o, 20 r7 THE STATE OF TEXAS COUNTY OF BEXAR § This instrument was acknowledged before me on 30, 2017, by Janie Barrera, President and Chief Executive Officer for LiftFund, Inc., a Texas non-profit corporation, on behalf of the corporation. LA ...............................:D NotPoprc Y MARY ESTHER HERNANDEZ .try c State at Texas Notary Public,State at Texas State of Texas ire 5-05_2018 so . -��46 COMM,Expires 05-05-2018 9 55 Notfnlry i 7AOA �' 2D_74 455.2 Page 12 of 12 Agreement Liffund 2017-2018CC Renewal Small Business Incentive Agreement Between Corpus Christi Business and Job Development Corporation and Liffund, Inc. Renewal No.: 1 Date: September 17, 2018 The Corpus Christi Business and Job Development Corporation hereinafter referred to as the Corporation, and Liffund, Inc., San Antonio, Texas, hereinafter referred to as the Liffund, do hereby make and enter into this Renewal No. 1 of the Small Business Incentive Agreement ("Renewal") which, together with the Small Business Incentive Agreement, which was approved by City Council on October 10, 2017, and all other duly executed amendments, constitutes the entire agreement under the above-referenced agreement between the Corporation and Liffund. This Renewal is to exercise the first one-year option provided for in section 2 of the agreement. The Term of this renewal option is October 1, 2018 through September 30, 2019. The maximum amount of the grant for this Renewal will not exceed $250,000 as shown in section 4.vi. of the agreement. The Corporation and LiftFund agree to and shall abide by all terms and conditions of the original agreement and any amendments thereto, to the extent they are not in conflict with the terms of this Renewal. Ja arre a Scott Harris Date President and CEO President Liffund, Inc. Corpus Christi Business and Job Development Corporation APPROVED AS TO LEGAL FORM Assistant City Attorney Date Attorney for Corporation SC o� Va. U NOORP08 IEO AGENDA MEMORANDUM 1852 Corpus Christi Business and Job Development Meeting September 17, 2018 DATE: September 4, 2018 TO: President and Honorable Board Members, Corpus Christi Business and Job Development Corporation THROUGH: Keith Selman, Interim City Manager FROM: Mike Culbertson, COO Corpus Christi Regional Economic Development Corporation mculbertson@ccredc.com (361) 882-7448 Extend Grant for Service Corps of Retired Executives (SCORE) Chapter 221 CAPTION: Motion authorizing Renewal No. 1 of the Small Business Incentive agreement with Senior Corps of Retired Executives Chapter 221 including a grant not to exceed $54,000 for FY 2018-2019. PURPOSE: Approve a Type A Grant for SCORE to assist small businesses through workshops and counseling for Fiscal Year 2019. BACKGROUND AND FINDINGS: SCORE has been aiding small businesses in Corpus Christi through their outreach by holding workshops on various subjects of use to the small business owners, and by providing counseling through face to face meetings and through emails. SCORE will have a contractor to coordinate the workshops and the advertising for these workshops. They have helped over 2,000 small businesses in the City each year for the past three years. SCORE has received funding since 2008. The Board approved the Small Business Assistance budget in June that included this program. The current agreement allows for the Board to extend this agreement for up to two additional years. ALTERNATIVES: The help that they provide is not available anywhere else. The Small Business Development Center could offer some of the counseling services but they are limited on resources. OTHER CONSIDERATIONS: By helping small businesses, the City is increasing economic development and growing future jobs. CONFORMITY TO CITY POLICY: This is in keeping with the stated goal of promoting and retaining businesses. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2018- Expenditures 2019 (CIP only) Current Year Future Years TOTALS Line Item Budget 54,000 54,000 Encumbered / Expended Amount This item 54,000 54,000 BALANCE 0 0 Fund: Type A Fund 1140 Comments: This item was approved in the Type A Small Business budget RECOMMENDATION: Staff recommends approving the grant for one year for $54,000 for the small business assistance program. LIST OF SUPPORTING DOCUMENTS: Letter Requesting Renewal of Program Small Business Incentive Agreement — SCORE Small Business Assistance Program SCORE FY19 Renewal SCORE // TM FOR THE LIFE OF YOUR BUSINESS September 5, 2018 To: Corpus Christi Type A Board From:SCORE Corpus Christi Please accept this letter from SCORE Corpus Christi as a request to continue receiving funds for small business development in our community. Below are our performance results for our organization for this fiscal year to date and the previous three fiscal years. As you know,SCORE volunteers assist clients with face-to-face mentoring in all types of industries. We advise with business start ups as well as assisting clients with expansion/growth,and resolving of business issues they may face. We currently partner with the U.S. Small Business Administration (SBA), Del Mar College Small Business Development Center(SBDC), Procurement Technical Assistance Center (PTAC),TAMUCC- Coastal Bend Business Innovation Center, Liftfund, United Corpus Christi Chamber of Commerce, Westside Business Association and Downtown Management District to name a few. In the last eleven months of the current fiscal year, SCORE has assisted 1,542 clients via mentoring sessions and training workshops as seen below: 2015 2016 2017 2018 (YTD Aug) Total Mentoring: 251 276 306 259 Total Workshops: 90 121 101 75 Total Attendance: 1655 2230 1993 1283 SCORE Corpus Christi is grateful for the 4A Board's continued support and continues to make a difference with growth and development of our local small business community. Sincerely, Ad& r� Debbie Fernandez Chair- SCORE Corpus Christi BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND SERVICE CORPS OF RETIRED EXECUTIVES (SCORE) CHAPTER 221 FOR JOB TRAINING This Business Incentive Agreement for Job Training ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Service Corps of Retired Executives Chapter 221 ("SCORE"), a Washington, D.C. non-profit corporation. 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, 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 November 14, 2016, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on December 20, 2016; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, SCORE will provide assistance to small businesses, persons, and entities desiring to begin and operate a small business in Corpus Christi by mentoring clients; conducting workshops; and advising clients as to business plans, pro-forma statements, forms of business entity, financial implications of business decisions, and all other aspects of small business operations; WHEREAS, SCORE proposes to retain an executive assistant/coordinator to assist SCORE volunteers in administrating the assistance program; WHEREAS, on September 18, 2017 the Board determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to SCORE, AGREEMENT Agreement SCORE(002) through this Agreement with SCORE, to be used by SCORE to provide assistance to small businesses. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and SCORE 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 one year from October 1, 2017, through September 30, 2018. 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, SCORE must reapply every year for the grant. 3. Performance Requirements and Grants. The Performance Requirements and Grants are listed below; • Corporation will reimburse SCORE by grant for all direct expenses related to the project. The total reimbursements may not exceed Fifty-Two Thousand Six Hundred Dollars ($52,600.00). • Providing 1,620 hours of general and technical services to small businesses through volunteer counselors. • SCORE agrees to the following reporting and monitoring provisions, and failure to fully and timely comply with any one requirement is an act of default. • SCORE shall provide quarterly reports on its performance requirements. The reports must document: a. Number of face to face consultations between SCORE volunteers and small business owners or prospective owners. b. Number of workshops with description of workshop and number of attendees. c. Number of small business owners or prospective owners who were provided counseling by email or on-line services. • SCORE, during normal working hours, at its Corpus Christi, Texas, facility, shall allow Corporation and its designee, the City's Economic Development Department ("Department"), 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 records and information shall be maintained by Corporation and Department, unless the 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. 4. Utilization of Local Contractors and Suppliers. SCORE agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements being paid to local contractors and suppliers. For the purposes of this section, the term "local" as used to describe manufacturers, 2 AGREEMENT Agreement SCORE(002) suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. SCORE agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of SCORE to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if SCORE is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. 5. Utilization of Disadvantaged Business Enterprises ("DBE). SCORE agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business enterprises and historically-underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. SCORE agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. SCORE agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of SCORE to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if SCORE is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business enterprises and historically-underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. 6. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a "living wage" for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 7. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement. 8. Warranties. SCORE warrants and represents to Corporation the following: a. SCORE is a corporation duly organized, validly existing, 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. 3 AGREEMENT Agreement SCORE(002) b. SCORE has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. SCORE 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. SCORE 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 person executing this Agreement on behalf of SCORE is duly authorized to execute this Agreement on behalf of SCORE. f. SCORE does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, SCORE is convicted of a violation under §U.S.C. Section 1324a(f), SCORE shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date SCORE has been notified of the violation. 9. Compliance with Laws. During the Term of this Agreement, SCORE shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 10. Non-Discrimination. SCORE covenants and agrees that 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. 11. Force Majeure. If the Corporation or SCORE is 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 SCORE 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. 12. Assignment. 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. 4 AGREEMENT Agreement SCORE(002) 93. 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 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 cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 14. Events of Default by SCORE. The following events constitute a default of this Agreement by SCORE: a. 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; b. 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 120 days. c. SCORE makes an assignment for the benefit of creditors. d. SCORE files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by SCORE become delinquent, and SCORE fails to timely and properly follow the legal procedures for protest or contest. f. SCORE changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. g. SCORE fails to comply with one or more terms of this Agreement. 15. Notice of Default. Should the Corporation or City determine that SCORE is in default according to the terms of this Agreement, the Corporation or City shall notify SCORE in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for SCORE to cure the event of default. 5 AGREEMENT Agreement SCORE(002) 16. Results of Uncured Default by SCORE. 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. a. SCORE shall immediately repay all funds paid by Corporation to them under this Agreement. b. SCORE 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 SCORE of all sums due, the Corporation and SCORE shall have no further obligations to one another under this Agreement. 17. 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 SCORE's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time SCORE 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. 18. 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 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 6 AGREEMENT Agreement SCORE(002) 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 SCORE to be accompanied by all necessary supporting documentation. 19. 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. 20. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: SCORE Chapter 221: SCORE 221 Chapter Chair 2820 South Padre Island Drive Suite 108 Corpus Christi, Texas 78408 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. 21. Incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement. 7 AGREEMENT Agreement SCORE(002) 22. 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. 23. Relationship of Parties. In performing this Agreement, both the Corporation and SCORE 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. 24. 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. 25. 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. 26. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 27. Sole Agreement. This Agreement constitutes the sole Agreement between 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. 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. 8 AGREEMENT Agreement SCORE(002) Corpus Christi4i &?Jpment Corporation By: President Date: 107h7 Attest: By: rk)jnc ce-0— Rebecca Huerta Assistant Secretary SCORE Chapter1 �--�� , ®�� 2� By: L� U, Dennis Dolce JY LVUW(%3L..._ President ........ Date: - CRE7TA THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2017, by Dennis Dolce, President for Service Corps of Retired Executives (SCORE) Chapter 221, a Washington, D.C. non-profit corporation, on behalf of the corporation. Notary Public State of Texas AAAAAAAAAA Ai)ELrrA c cARRL,9ALEz Notary Public STATE OF TEXAS My Comm.Exp.UW/201$ 1001825W rvvvvvvvvvvvvvvvj AGREEMENT City Agreement SCORE 2017-18 AP PRO A FORM: Z? day of ZhIle."'I 2017. Assistant City Attorne tt For City Attorney Corpus Christi Br s & J e p ent Corporation By: President 11 Date: Attest: By: Rebecca Huerta Assistant Secretary SCORE Chapter 221 By: Joe Dove President Date: THE STATE OF TEXAS § COUNTY OF NUEC § This instrument was acknowledged before me on 2017, by Dennis Dolce, President for Service Corps of Retired Executives (SCORE) Chapter 221, a Washington, D.C. non-profit corporation, on behalf of the corporation. Notary Public State of Texas AGREEMENT Agreement SCORE Renewal Small Business Incentive Agreement Between Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives Chapter 221 Renewal No.: 1 Date: September 17, 2018 The Corpus Christi Business and Job Development Corporation hereinafter referred to as the Corporation, and Service Corps of Retired Executives Chapter 221, hereinafter referred to as SCORE, do hereby make and enter into this Renewal No. 1 of the Small Business Incentive Agreement ("Renewal") which, together with the Small Business Incentive Agreement, which was approved by City Council on October 10, 2017, and all other duly executed amendments, constitutes the entire agreement under the above-referenced agreement between the Corporation and SCORE. This Renewal is to exercise the first one-year option provided for in section 2.b. of the agreement. The Term of this renewal option is October 1, 2018 through September 30, 2019. The second sentence of the first bullet point in section 3 of the agreement is amended to replace it with the following sentence: "The total reimbursement for the term will not exceed $54,000." The Corporation and SCORE agree to and shall abide by all terms and conditions of the original agreement and any amendments thereto, to the extent they are not in conflict with the terms of this Renewal. Debbie Fern ndez Date Scott Harris Date President President Service Corps of Retired Executives Corpus Christi Business and Job Chapter 221 Development Corporation APPROVED AS TO LEGAL FORM Assistant City Attorney Date Attorney for Corporation SC o� Va. U NOORP08 IEO AGENDA MEMORANDUM 1852 Corpus Christi Business and Job Development Meeting September 17, 2018 DATE: September 4, 2018 TO: President and Honorable Board Members, Corpus Christi Business and Job Development Corporation THROUGH: Keith Selman, Interim City Manager FROM: Mike Culbertson, COO Corpus Christi Regional Economic Development Corporation mculbertson@ccredc.com (361) 882-7448 Extend Grant for Del Mar College Internship Program CAPTION: Motion authorizing Renewal No. 1 of the Small Business Incentive agreement with Del Mar College for internship program in the amount of$150,000 from January 1, 2019 through December 31, 2019. PURPOSE: Award the renewal of Type A Grant for Del Mar College's Internship Program for Small Business Assistance until December 31, 2019 BACKGROUND AND FINDINGS: Del Mar College has a program where students can work for a local company as an intern. The local company will pay minimum wage while the Type A grant will match the wage up to $5.00 per hour plus FICA. This encourages companies to hire interns, it allows the student to get real work experience, and has a goal to create new jobs. The Type A Board has funded this program since 2007. The Board approved the Small Business Assistance budget in June that included this program. The current agreement allows for the Board to extend this agreement for up to two additional years. This agreement would run until December 31, 2019 which is the end of a semester to better manage the program. Del Mar College Internship Progress Report 2008-2018 # of F/T Jobs # of P/T # of Interns # of Employers Year Created Interns Placed Placed unduplicated 2008-2009 8 0 102 27 2009-2010 4 36 71 24 2010-2011 6 16 64 19 2011-2012 6 41 93 22 2012-2013 14 21 85 25 2013-2014 21 24 93 26 2014-2015 23 24 93 29 2015-2016 24 20 93 39 2016-2017 26 0 93 20 2017-2018 14 0 42 28 Totals 146 182 829 259 ALTERNATIVES: The Board could decide not to continue the program or to move funds to another internship program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This is in keeping with the stated goal of promoting and retaining businesses. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2018- Expenditures 2019 (CIP only) Current Year Future Years TOTALS Line Item Budget 150,000 150,000 Encumbered / Expended Amount This item 150,000 150,000 BALANCE 0 0 Fund: Type A Fund Comments: This item was approved in the Type A Small Business budget RECOMMENDATION: Staff recommends approving an extension of this grant for $150,000 for the internship program. LIST OF SUPPORTING DOCUMENTS: Letter Requesting Renewal of Program Small Business Incentive Agreement— Del Mar Intern Renewal — Del Mar Intern DEL MAR CCOLLEGE Dreams. Delivered. To:Type A Board From:Del Mar College September 4, 2018 On behalf of Del Mar College,please allow this letterto serve as arequest to continue receiving funding forthe Small Business Internship Program for$150,000 for the term January 1, 2019 through December 31, 2019. The focus ofthi s program onthe Del Mar College campuses is to provide students with productive and meaningful work assignments with a learning component related to their major. Forthepastseven years, this program has made ahuge impactby providing real-world experience for our students at a living wage and with the potential for full-time employment following graduation. Thi s program has fostered apartnership between the small businesses and the college allowing each to growwith the assistance ofhighly trained interns that meet the specific needs of asmall business. The primary goal ofthe Small Business Internship program isto provide supportto small businesses in Corpus Christi to encourage business growth, retention, economic development,and jobcreation. With the funding provided by the Type A Board,we have achieved this goal and would like to continuethe program. Small Businesses have grown and interns have been hired inboth part-time and full-time positions aswell as retaining ourtalented graduates in Corpus Christi area. Del Mar College would like to thank you for your support and commitment to our students and small businesses in our community. Your support is invaluable to the continued success of our students and graduates'education and career choices. As you make decisions about future funding,please consider Del Mar College for continued funding which has contributed to the success of both our college and our community. The report for our current year is attached. Sincerely, Beverly Cage Del Mar College Internship Progress Report 2017-2018 Fall 2017 through August, 2018 Academic Year Fall, Spring F/T Jobs Interns Placed 2017-2018 Employers Summer Created Fall, Spring, Summer 2017-2018 2017-2018 14 42 28 Over the Academic Year of 2017-2018 Fall, Spring and Summer 42 interns were placed, and 14 full times jobs were created, which exceeded the 10%job creations of 9 jobs. Listed below is the list of employers. Employers 2017-2018 Aman's Jewelers Anthony's Salon OoLaLa Candy Buffets Brookdale Assisted Living Ochoa& Associates, PC Del Cielo Home Care Orthopedic Physical Therapy DT Consulting Palacios CPA Fillingood Bakery Planet Sol Salon Francisco's Salon Q Productions Gemini Ambulance Service QSR Online GN Insurance Salon Chromatic Gold Masters Salon Salon Grace Paving & Construction SBDC CED Hair Peace Salon Scrub Hub Mr. Fancy Pants Carwash Snow Ball King Nexus Integrity Management Super 7 Inn Weather Tactics SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE 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 Del Mar College, a Texas institution of higher education ("Del Mar"). 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, 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 November 14, 2016, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on December 20, 2016; WHEREAS, Section 501.073 of The Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, Del Mar has requested business development funds from the Board to assist 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 Del Mar 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 small businesses with resources that make the small 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"); Page 1 of 9 Agreement Del Mar 2018.docx 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 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. a. The term of this Agreement is for twelve months from January 1, 2018, through December 31, 2018. 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, Del Mar must reapply every year for the grant. 3. Grant. a. The Corporation will grant Del Mar an incentive of up to One Hundred Fifty Thousand Dollars ($150,000.00), which must be used to fund up to $5.00 per hour for salary plus payroll taxes for interns during the Spring Semester of 2018, Summer Session in 2018, and the Fall Semester 2018, 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 Del Mar's Small Business Employer Intern Program. b. The Corporation's grant is conditioned upon Del Mar'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 Del Mar to the small business employers during the prior month. 4. Del Mar's Duties and Responsibilities. a. Del Mar shall provide administrative oversight and direct supervision for the placement of interns in the Del Mar's Business Employer Intern Program. b. Del Mar shall create and maintain not less than two part-time intern (2) employment positions to assist in the 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. Del Mar shall place, with businesses in Corpus Christi, interns during the academic year. (1) Since the primary goal of the Del Mar's Business Employer Intern Program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation, placements must be Page 2 of 9 Agreement Del Mar 2018.docx based on the needs of the small business with the goal of providing the small business with resources that make the business more effective and provide growth opportunities for the businesses. (2) Additionally, interns may be placed at companies that need work skills that have been supported by the Corporation such as Process and Instrumentation and Aviation skills. (3) For the purpose of this section a small business may include chambers of commerce, non-profit organizations, and other entities 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. Del Mar shall ensure that the business employer of each intern pays the student intern the minimum wage, and Del Mar shall match the small business employer's payments to the interns up to $5.00 per hour. e. Del Mar shall try to place the interns for 19 hours per week and 12 weeks per semester or summer sessions. f. Del Mar shall work with the 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, Del Mar 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. Del Mar 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. Del Mar agrees to provide Corporation with a sworn certificate by an authorized representative of each business assisted under this Agreement certifying the number of full-time permanent employees employed by the business. Page 3 of 9 Agreement Del Mar 2018.docx f. Del Mar shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. 6. Reports and Monitoring. a. Del Mar 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, Del Mar 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. Del Mar, during normal working hours shall allow the Corporation and its designee, Corpus Christi Regional Economic Development Corporation, reasonable access to Del Mar'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. Del Mar warrants and represents to Corporation the following: a. Del Mar is a Texas institution of higher education duly organized, validly existing, and in good standing under the laws of the State of Texas, and further has all institutional 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 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 Del Mar are duly authorized to execute this Agreement on behalf of Del Mar. f. Del Mar does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Del Mar is convicted of a violation under §U.S.C. Section 1324a(f), Del Mar shall repay the payments at the rate Page 4 of 9 Agreement Del Mar 2018.docx and according to the terms as specified by City Ordinance, as amended, not later than the 120th day after the date Del Mar has been notified of the violation. 8. Compliance with Laws. Del Mar shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 9. 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. 10. Force Majeure. If the Corporation or Del Mar is 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. 11. 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. 12. Indemnity. To the extent authorized by law Del Mar 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 Del Mar 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. 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. 13. Events of Default by Del Mar. The following events constitute a default of this Agreement by Del Mar: a. 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. b. 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. Page 5 of 9 Agreement Del Mar 2018.docx c. Del Mar makes an assignment for the benefit of creditors. d. Del Mar files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by Del Mar become delinquent, and Del Mar fails to timely and properly follow the legal procedures for protest or contest. f. Del Mar 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 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. 15. Results of Uncured Default by Del Mar. 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 to them under this Agreement. b. Del Mar 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 Del Mar of all sums due, the Corporation and Del Mar shall have no further obligations to one another under this Agreement. d. Neither the City, the Corporation, nor Del Mar 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 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 Page 6 of 9 Agreement Del Mar 2018.docx avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 17. 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 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 Del Mar 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: Del Mar: Del Mar College Attn: President 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 Page 7 of 9 Agreement Del Mar 2018.docx c. Notice is effective upon deposit in the United States mail in the manner provided above. 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 Del Mar 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. 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. 27. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 13.a and b shall survive the termination of this Agreement. Page 8 of 9 Agreement Del Mar 2018.docx APPROVED AFORM: At day of 2017 Assistant City Attorney For City Attorney Corpus Christi sine Job e ment Corporation By: Bart4kaselton President 1 V Date: 1711 7 Attest: ,-2 '2U I Ki By: P't Rebecca Huerta Assistant Secretary Del Mar College By: Dr. Mark Escamilla, Ph.D FI resident Date: � . /' � /" -2 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 41 2017, by Dr. Mark Escamilla, Ph.D, for Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. ary Public k". tate of Texas DESS 9 ALANIZ Notary ID#:12659368-5 My Commission Expires . 08/08/202 0 0 Page 9 of 9 Agreement Del Mar 2018.docx Renewal Small Business Incentive Agreement Between Corpus Christi Business and Job Development Corporation and Del Mar College Renewal No.: 1 Date: September 17, 2018 The Corpus Christi Business and Job Development Corporation hereinafter referred to as the Corporation, and Del Mar College, hereinafter referred to as Del Mar, do hereby make and enter into this Renewal No. 1 of the Small Business Incentive Agreement ("Renewal") which, together with the Small Business Incentive Agreement, which was approved by City Council on October 10, 2017, and all other duly executed amendments, constitutes the entire agreement under the above-referenced agreement between the Corporation and Del Mar. This Renewal is to exercise the first one-year option provided for in section 2.b. of the agreement. The Term of this renewal option is January 1, 2019 through December 31, 2019. The grant provided for this Renewal term shall not exceed $150,000 as provided in section 3 of the agreement. The Corporation and Del Mar agree to and shall abide by all terms and conditions of the original agreement and any amendments thereto, to the extent they are not in conflict with the terms of this Renewal. Dr. Mark Escamilla Date Scott Harris Date President President Del Mar College Corpus Christi Business and Job Development Corporation APPROVED AS TO LEGAL FORM Assistant City Attorney Date Attorney for Corporation SC GO O Va. U NORROPp�EO AGENDA MEMORANDUM 1852 Corpus Christi Business and Job Development Meeting September 17, 2018 DATE: September 4, 2018 TO: President and Honorable Board Members, Corpus Christi Business and Job Development Corporation THROUGH: Keith Selman, Interim City Manager FROM: Mike Culbertson, COO Corpus Christi Regional Economic Development Corporation mculbertson@ccredc.com (361) 882-7448 Extend Grant for Texas A&M University — Corpus Christi Internship Program CAPTION: Motion authorizing Renewal No. 1 of the Small Business Incentive agreement with Texas A&M University—Corpus Christi for it internship program in the amount of$150,000 from January 1, 2019 through December 31, 2019. PURPOSE: Award a Type A Grant for Texas A&M University — Corpus Christi Internship Program for Small Business Assistance until December 31, 2019 BACKGROUND AND FINDINGS: Texas A&M University—Corpus Christi has a program where students can work for a local company as an intern. The local company will pay minimum wage while the Type A grant will match the wage up to $5.00 per hour plus FICA. This encourages companies to hire interns, it allows the student to get real work experience, and has a goal to create new jobs. The Type A Board has funded this program since 2007. This agreement would run until December 31s' which is the end of a semester to better manage the program. The Board approved the Small Business Assistance budget in June that included this program. The current agreement allows for the Board to extend this agreement for up to two additional years. Texas A&M University Internship Progress Report 2008-2017 # of F/T # of P/T # oflnterns # of Year Jobs Interns Placed Employers Created Placed unduplicated 2008-2009 10 1 66 25 2009-2010 6 0 84 20 2010-2011 15 9 102 27 2011-2012 8 19 111 28 2012-2013 8 5 115 28 2013-2014 28 12 85 36 2014-2015 15 15 87 30 2015-2016 7 8 88 30 2016-2017 0 0 75 22 2008-2017 97 69 803 246 ALTERNATIVES: The Board could decide not to continue the program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This is in keeping with the stated goal of promoting and retaining businesses. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2018- Expenditures 2019 (CIP only) Current Year Future Years TOTALS Line Item Budget 150,000 150,000 Encumbered / Expended Amount This item 150,000 150,000 BALANCE 0 0 Fund: Type A Fund Comments: This item was approved in the Type A Small Business budget RECOMMENDATION: Staff recommends approving the grant for$150,000 for the internship program. LIST OF SUPPORTING DOCUMENTS: Letter Requesting Renewal of Program Small Business Incentive Agreement — TAMU-CC Intern MAS MMCABER Career Services i SERVICES6300 Ocean Drive 111. '1 Corpus Christi,Texas 78412 Phone..361.825.2628 Fax::369.825.5729 hftp://career-services.tamucc.edu September 4,2018 To Type A Board: On behalf of Texas A&M University—Corpus Christi, I respectfully request continued funding of the Job Development Internship Program. For the past ten years, this program has made an incredible impact on the student interns and small businesses in our community. It would be a tremendous benefit to both the University and the city of Corpus Christi to continue this important program. The primary goal of the program is to provide support to businesses in Corpus Christi. With the funding provided by the Type A Board, we have been able to achieve this goal over the past decade. Companies have grown and added positions, which in turn, adds to the workforce of Corpus Christi. Additionally, internship positions have turned into fulltime jobs, allowing the city to retain their talent. In Spring and Summer 2018, 62 interns completed internships; and for Fall 2018,there are 30 students participating in internships. This brings the total for 2018 participation to 92, a 23% increase when compared to 2017. As you make decisions about future funding,please consider continuing this important program. Its outcomes have contributed to the goals of the community and will continue to do so as long as funding is available. Sincerely, Leslie Mills,Ed.D.,LPC-I Interim Director,Career Services Texas A&M University-Corpus Christi 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 ("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 C1, 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 November 14,2016, amended the Corporation's Guidelines and Criteria for Granting Business Incentives("Type A Guidelines"), which the City Council approved on December 20, 2016; 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"); Page 1 of 10 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 twelve months from January 1, 2018, through December 31, 2018. 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 One Hundred Fifty Thousand Dollars ($150,000.00), which must be used to fund up to $5.00 per hour for salary plus payroll taxes for interns during the Spring Semester of 2018, Summer Session in 2018, and the Fall Semester 2018, 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. TAIVIU-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, interns 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, Page 2 of 10 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 employees 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 quality 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 Metropolitan Statistical Area (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. Page 3 of 10 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 intems 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. Page 4 of 10 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 is 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 TAIVIU-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. Page 5 of 10 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 CCure 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. Page 6 of 10 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. Page 7 of 10 20. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives CCorporation 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. Page 8 of 10 APPROVED AS IQ+-MM: 017.1/ Z3 day oecz Assistant City Attorney For City Attorney Corpus Christi Busi ob Development Corporation By: _ z 7 Bart Bras4it6f, President Date: Attest: 0 21PC By: Rebecca Huerta cvulWiL....1P.1A Assistant Secretary Ail, Page 9 of 10 Texas A&M University—Corpus Christ! By: — Kelly M. Ouintanifla,Ph.D. President/CEO Date: THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on September ' 2017, by Kelly Quintanilla, Ph.D.,4sis**President/CEO, Texas A & M University — Corpus Christi, a Texas institution of higher education, on behalf of the University. PEGGY GAFFNEY Nam eV *--fe AM 14 &A-Peft MY COMMISSION EXPIRES Jtme 9z 2019 My Commis 0 xpires:to -!!g Page 10 of 10 Renewal Small Business Incentive Agreement Between Corpus Christi Business and Job Development Corporation and Texas A&M University — Corpus Christi Renewal No.: 1 Date: September 17, 2018 The Corpus Christi Business and Job Development Corporation hereinafter referred to as the Corporation, and Texas A&M University — Corpus Christi, hereinafter referred to as TAMU- CC, do hereby make and enter into this Renewal No. 1 of the Small Business Incentive Agreement ("Renewal")which, together with the Small Business Incentive Agreement, which was approved by City Council on October 10, 2017, and all other duly executed amendments, constitutes the entire agreement under the above-referenced agreement between the Corporation and TAMU-CC. This Renewal is to exercise the first one-year option provided for in section 2.b. of the agreement. The Term of this renewal option is January 1, 2019 through December 31, 2019. The grant provided for this Renewal term shall not exceed $150,000 as provided in section 3 of the agreement. The Corporation and TAMU-CC agree to and shall abide by all terms and conditions of the original agreement and any amendments thereto, to the extent they are not in conflict with the terms of this Renewal. Dr. Mark Escamilla Date Scott Harris Date President President Del Mar College Corpus Christi Business and Job Development Corporation APPROVED AS TO LEGAL FORM Assistant City Attorney Date Attorney for Corporation SC o� � U AGENDA MEMORANDUM ,NCORP08I Corpus Christi Business and Job Development Meeting September 17, 2018 1852 DATE: September 4, 2018 TO: President and Honorable Board Members, Corpus Christi Business and Job Development Corporation THROUGH: Keith Selman, Interim City Manager FROM: Mike Culbertson, COO Corpus Christi Regional Economic Development Corporation mculbertson@ccredc.com (361) 882-7448 Grant for Del Mar College Procurement Technical Assistance Center (PTAC) CAPTION: Motion authorizing Renewal No. 1 of the Small Business Incentive agreement with Del Mar College's Procurement Technical Assistance Center in the amount of$99,500 from January 1, 2019 through December 31, 2019. PURPOSE: Type A Grant for Del Mar College's Procurement Technical Assistance Center (PTAC) for Small Business Assistance BACKGROUND AND FINDINGS: PTAC is located at the Del Mar College campus on Staples inside of the Small Business Development Center. PTAC has been counseling small businesses in the area of government procurement. PTAC educates these businesses on the requirements of government procurement, helps them get certified to qualify to bid on contracts, and gives them access to a portal to find these contracts. PTAC was instrumental in working with CCAD to engage small tool and die shops to bid on specialty tool orders from CCAD. PTAC is asking for $99,500 to hire a full-time person to help in the PTAC planning room. The Board approved the Small Business Assistance budget in June that included this program. The Board has funded PTAC since 2012. During that time PTAC has helped almost 300 companies. These companies have been awarded $35,691,723 in orders and they have also added 190 fulltime employees. In the past year owners helped were awarded over 425 million in government procurement contracts. ALTERNATIVES: The Board may choose to not fund the program or fund it at a different amount. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and helping small businesses thrive in Corpus Christi. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2018- Expenditures 2019 CIP only) Current Year Future Years TOTALS Line Item Budget 99,500 99,500 Encumbered / Expended Amount 99,500 This item 99,500 BALANCE 0 0 Fund: 1140 Type A Small Projects RECOMMENDATION: Staff recommends approval of a grant of$99,500 for PTAC for the calendar year 2019. LIST OF SUPPORTING DOCUMENTS: Letter Requesting Renewal of Program Small Business Incentive Agreement — PTAC Assistance Program rDEL MAR Small Business Development Center ycl COLLEGE Dreams. Delivered. September 5, 2018 Type A Board Corpus Christi Business and Job Development Corp. 1201 Leopard Street Corpus Christi, Texas 78401 Please accept this letter from the Del Mar College PTAC as a request to continue funding the PTAC Program and Plan Room in the amount of$99,500 for program year 2019. The PTAC provides business owners with no-cost advising,training, and Plan Room services in their pursuit of local contracting opportunities. The services of the plan room include construction projects, both new and renovations, as well as specialty trade projects that take place in the Corpus Christi area. Business owners are asked to provide basic information to the PTAC for reporting purposes as well as contracts awarded. Plan room services are available to assist these business owners with their requests for bid packages, large format prints, electronic copies on storage devices, and recording these visits per program requirements. Providing these services to area business owners at virtually no cost enables both businesses and the local economy to grow. The services provided by PTAC also gives local businesses a competitive advantage and helps to level their playing field when competing with the larger, many times, out-of-area contractors. From 2012 to 2016,when PTAC began receiving these funds for the Plan Room, PTAC helped an average 278 companies. During that time span PTAC Corpus Christi companies were awarded$40,606,974.89 in contracts for services and/or supplies and have created 812 full time jobs. In 2017 PTAC provided advising and Plan Room assistance to 279 Corpus Christi businesses by providing 915 hours of advising. That year Corpus Christi clients reported $23,914,272.54 in awarded contracts translating to the addition of 478 full time jobs. In 2018 (to date), our Corpus Christi PTAC clients have been awarded a total of$13,113,284.86 in contract awards which translates to 262 full time jobs created (using the DLA average of$50,000 per full time job). On a final note over the last 4 years PTAC has averaged 1,113 hours of advising to Corpus Christi businesses and 37 training events on an annual basis. Your continued support of the Del Mar College PTAC program will help PTAC continue to provide invaluable assistance and growth potential to the small businesses community in Corpus Christi. Sincer y, N "' Robert Mira al PTAC Program Manager Del Mar College 101Baldwin Blvd. CED146, Corpus78404-3897 phone 361.698.1021 • ••i 1 •e -• SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR DEL MAR COLLEGE'S PROCUREMENT TECHNICAL ASSISTANCE CENTER This Small Business Incentives Agreement for("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Del Mar College, a Texas institution of higher learning ("Del Mar"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now Title 12, Subtitle C1 (Chapters 501 — 507), 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 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 November 14, 2016, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on December 20, 2016; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that small business development funds be provided to Del Mar, through this Agreement with Del Mar, to be used by Del Mar, which seeks to create at least one new job for every $50,000 in contracts awarded to businesses within the City who are awarded contracts with Federal, State, or local agencies through Del Mar College's Procurement Technical Assistance Center's activities; 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. Page 1 of 9 Agreement PTAC.docx a. The term of this Agreement is for one year from January 1, 2018, through December 31, 2018. 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. 3. Performance Requirements and Grants. DEL MAR shall educate small businesses on the requirements of government procurement, help them get certified to qualify to bid on contracts, and give them access to a portal to find these contracts. The grant shall not to exceed $48,490. The Corporation will pay the grant to DEL MAR as invoices are received. DEL MAR will display signage that states that they are recipients of Type A funding. This signage will be provided to DEL MAR by the Board and will be displayed in a location that is visible to a visitor to their facility. 4. Utilization of Local Contractors and Suppliers. DEL MAR agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements being paid to local contractors and suppliers. 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. DEL MAR agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of DEL MAR to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if DEL MAR is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. 5. Utilization of Disadvantaged Business Enterprises ("DBE). DEL MAR agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business enterprises and historically-underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. DEL MAR agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. DEL MAR agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of DEL MAR to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if DEL MAR is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default Page 2 of 9 Agreement PTAC.docx hereunder. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business enterprises and historically-underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. 6. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a "living wage" for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 7. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement. 8. Warranties. DEL MAR warrants and represents to Corporation the following: a. Del Mar is a Texas institute of higher learning duly organized, validly existing, 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, Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, on the State's 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. e. The person executing this Agreement on behalf of DEL MAR is duly authorized to execute this Agreement on behalf of DEL MAR. f. DEL MAR does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, DEL MAR is convicted of a violation under §U.S.C. Section 1324a(f), DEL MAR shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date DEL MAR has been notified of the violation. Page 3 of 9 Agreement PTAC.docx 9. Compliance with Laws. During the Term of this Agreement, DEL MAR shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 10. 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. 11. Force Majeure. If the Corporation or DEL MAR is 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. 12. 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. 13. Indemnity. DEL MAR 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 DEL MAR 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. DEL MAR must, at its own expense, investigate an 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. 14. Events of Default by DEL MAR. The following events constitute a default of this Agreement by DEL MAR: a. 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, Page 4 of 9 Agreement PTAC.docx 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 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. c. DEL MAR makes an assignment for the benefit of creditors. d. DEL MAR files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by DEL MAR become delinquent, and DEL MAR fails to timely and properly follow the legal procedures for protest or contest. f. DEL MAR changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. g. DEL MAR fails to comply with one or more terms of this Agreement. 15. 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. 16. Results of Uncured Default by DEL MAR. 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 to them under this Agreement. b. DEL MAR 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 DEL MAR of all sums due, the Corporation and DEL MAR shall have no further obligations to one another under this Agreement. 17. No Waiver. Page 5 of 9 Agreement PTAC.docx 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. 18. 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 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 DEL MAR to be accompanied by all necessary supporting documentation. 19. 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. 20. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Page 6 of 9 Agreement PTAC.docx Del Mar College: Del Mar College Procurement Manager 101 Baldwin Blvd Corpus Christi, Texas 78404-3897 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. 21. Incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement. 22. 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. 23. 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 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. 24. 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. 25. 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 Page 7 of 9 Agreement PTAC.docx 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. 26. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 27. 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. 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. (Remainder of this page intentionally left blank) Page 8 of 9 Agreement PTAC.docx APPROVED AS ORM: day of 2017. Assistant City Attorney For City Attorney Corpus Christi Busi s Job Development Corporation By: — ;7"5�' Bart Bra to President 11( Date: (71117 Attest: � '+ By: A01 Ut""` Re6ecca Huerta Assistant Secretary IV C-oUWL Del Mar C rpus Christi By: -- :Z� -Atyk D)/- Vark Escamilla, Ph.D. ,President Date: 7 ' `7 7 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 501-1 6(3K 2017, by Dr. Mark Escamilla, Ph.D., President, Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. 4 ey ANGELA M,BROOKS Notary public,State of Texas Notary ic LST My commission Expires 01/13/2018 U u State orYexas Page 9 of 9 Agreement PTAG Renewal Small Business Incentive Agreement Between Corpus Christi Business and Job Development Corporation and Del Mar College's Procurement Technical Assistance Center Renewal No.: 1 Date: September 17, 2018 The Corpus Christi Business and Job Development Corporation hereinafter referred to as the Corporation, and Del Mar College, hereinafter referred to as Del Mar, do hereby make and enter into this Renewal No. 1 of the Small Business Incentive Agreement ("Renewal") which, together with the Small Business Incentive Agreement, which was approved by City Council on October 10, 2017, and all other duly executed amendments, constitutes the entire agreement under the above-referenced agreement between the Corporation and Del Mar. This Renewal is to exercise the first one-year option provided for in section 2.b. of the agreement. The Term of this renewal option is January 1, 2019 through December 31, 2019. The section 3 of the agreement is amended to replace it with the following: "3. Performance Requirements and Grants. Del Mar shall educate small businesses on the requirements of government procurement, help them get certified to qualify to bid on contracts, and give them access to a portal to find these contracts. The annual grant shall not to exceed $99,500. The Corporation will pay the grant to Del Mar as invoices are received. Del Mar will display signage that states that they are recipients of Type A funding. This signage will be provided to Del Mar by the Board and will be displayed in a location that is visible to a visitor to their facility." The Corporation and Del Mar agree to and shall abide by all terms and conditions of the original agreement and any amendments thereto, to the extent they are not in conflict with the terms of this Renewal. Dr. Mark Escamilla Date Scott Harris Date President President Del Mar College Corpus Christi Business and Job Development Corporation APPROVED AS TO LEGAL FORM Assistant City Attorney Date Attorney for Corporation SC o� Va. AGENDA MEMORANDUM v CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT NOORP08 IEO CORPORATION 1852 Meeting September 17, 2018 DATE: September 11, 2018 TO: President and Honorable Board Members, Corpus Christi Business and Job Development Corporation THROUGH: Keith Selman, Interim City Manager FROM: Arlene Medrano, Business Liaison, City Manager's Office ArleneM@cctexas.com (361)826-3356 Type A Agreement— CCREDC Program Management and Funding CAPTION: Motion approving an agreement with the City of Corpus Christi for management of the Corporation's economic development funds. PURPOSE: The purpose of this item is to renew a funding agreement between the Corpus Christi Business and Job Development Corporation (Type A Board) and the City of Corpus Christi for the management of the Business and Job Development Incentive Program by the Corpus Christi Regional Economic Development Corporation (CCREDC). BACKGROUND AND FINDINGS: On June 25, 2018, the Type A Board approved the proposed FY 2019 Operating Budget with a $125,000 line item for the management of the Business and Job Development Incentive Program. As with the FY 2018 agreement, the City will provide specific and measurable services for the Type A Board which they (the City) will be reimbursed annually. The amount of reimbursement will be set in the annual budget. ALTERNATIVES: The Board can chose not to provide a recommendation to Council. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: N/A EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2017 - 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget $ 125,000 $ 125,000 Encumbered / Expended Amount This item $ 125,000 $ 125,000 BALANCE I 1 1 $ 0 $ 0 Fund(s): Business & Job Development Fund, Economic Development Line Item Comments: RECOMMENDATION: Staff recommends the Type A Board approve the agreement. LIST OF SUPPORTING DOCUMENTS: Type A Agreement with City of Corpus Christi— CCREDC Program Management and Funding AGREEMENT BETWEEN CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND CITY OF CORPUS CHRISTI FOR MANAGEMENT OF BUSINESS AND JOB DEVELOPMENT INCENTIVE PROGRAM This Agreement for management of the Business and Job Development Incentive Program ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and the City of Corpus Christi ("City"). WHEREAS, the Texas Legislature in Section 501 of the Local Government Code (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 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's City Council ("City Council") and filed with the State Comptroller of Texas, effective April 1 , 2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, a Memorandum of Understanding established a three-party relationship between the City, Corpus Christi Regional Economic Development Corporation (CCREDC) and Type A Board; WHEREAS, the Board wishes to manage the use of the sales tax funds for business and job development in an effective manner; WHEREAS, the City wishes to manage the sales tax funds for business and job development and has contracted with the CCREDC to provide these services in the past; WHEREAS, the Board has determined that it is in the best interests of the residents of the City that the Corporation use business and job development funds to repay the cost of managing the business and job development projects funded by the Board, by execution of this Agreement; In consideration of the covenants, promises, and conditions stated in this Agreement, the Corporation and the City agree as follows: 1. Agreement to Provide Economic Development Services. This Agreement between the Corporation and the City is executed to provide the specific and measurable services for the promotion and development of new and expanded business enterprises through the Services described in Exhibit "A" and incorporated in this Agreement by reference. The City may continue to contract with the CCREDC for the provision of these Services to the Corporation. The funds provided under this Agreement may not be used for any expenditures not related to the provision of the Services. 2. Payments. The Parties agree that the Corporation will pay the City the annual amount budgeted for these Services in four equal payments at the start of each quarter for the provision of the Services. Page 1 of 4 For the initial term of this Agreement, the annual payment is $125,000 paid in quarterly installments of $31,250. For renewal years, the City will request reimbursement in the annual budget process. The budget will be approved by the Board and the City Council. 3. Effective Date. The effective date of this Agreement is the date on which the City Council grants approval for this Agreement, and it is signed by all parties. 4. Term. The term of this Agreement is for one year beginning October 1, 2018 and expiring on September 30, 2019. This Agreement will automatically renew for successive one-year terms, ending on September 30 of each year, unless terminated as provided in this Agreement. 5. Termination. The Parties may, by written agreement, terminate this Agreement at any time. In the event of such termination, the City will be entitled to reimbursement for any Services provided up to the date of termination. Prior to the expiration of the initial term or any renewal term, either party may terminate this Agreement by providing 90 days' written notice of non-renewal to the other party. 6. Amendments or Modifications. No amendments or modifications to this Agreement or to the Services may be made, nor any provision waived, unless the amendment or modification is made in writing and signed by persons duly authorized to sign agreements on behalf of all parties. 7. Notices. a. Any required written notices shall be sent, certified mail, return receipt requested, addressed as follows: If to Corporation: City of Corpus Christi Business and Job Development Corporation Attn: President 1201 Leopard Street Corpus Christi, Texas 78401 If to City: City of Corpus Christi Attn: City Manager's Office 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78401 c. Notice is effective upon deposit in the United States mail in the manner provided above. Page 2 of 4 8. Relationship of Parties. In performing this Agreement, the Corporation and the City shall 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. CORPUS CHRISTI BUSINESS & CITY OF CORPUS CHRISTI JOB DEVELOPMENT CORPORATION Scott Harris Samuel Keith Selman President Assistant City Manager Date: Date: ATTEST: Rebecca Huerta City Secretary Date: APPROVED AS TO FORM: Assistant City Attorney Page 3 of 4 EXHIBIT A The City will provide the following specific and measurable services for the Corporation: Service as the conduit for all primary/base employers interested in local assistance from Type A. Preparation of a proposal for each project and include information on the company, industry, markets, and products. Each proposal will documentjob creation and capital investment numbers for inclusion intheproposal. Suggest a proposed deal structure for each project. Preparation of an economic and fiscal impact analysis of the project. An analysis of the company's financial strength relative to industry standards. Development of the necessary performance agreements. Annual performance audits (compliance testing) and report of the findings to Type A . Preparation of proposals for all small business assistance programs. Processing of all invoices for payment Annual budget for small business assistance programs. Preparation of proposals for all education and job training skills development projects. Annual budget for education and skills development projects. City understands that Corporation funds approved for the promotion and development of new and expanded business enterprises will be used only for the following Projects and no others: a) Education/Skills Development. These funds will be used to make grants to companies and organizations to provide training, retraining and education to insure the knowledge and skills required for the jobs of the future are in place. b) Business Development/Incubation. These funds will be used to develop programs and facilities that assist small and start-up companies that have the ability to produce jobs for the future. c) Jobs. These funds will be used to assist companies in the creation of meaningful, wealth producing jobs (jobs that bring in dollars from outside the community) in Corpus Christi. Funds would be available to both existing and new companies. Page 4 of 4 SC v AGENDA MEMORANDUM NORPOPPESeptember 17, 2018 1852 Corpus Christi Business and Job Development Board Meeting DATE: September 6, 2018 TO: President and Honorable Board Members, Corpus Christi Business and Job Development Corporation THROUGH: Samuel "Keith" Selman, Interim City Manager FROM: J.H. Edmonds, P.E., Director of Engineering Services JeffreyE@cctexas.com (361) 826-3500 UPDATE Engineering Services Monthly Project Updates STAFF PRESENTER(S): Name Title/Position Department 1. Jeff H. Edmonds, P.E. Director Engineering Services OUTSIDE PRESENTER(S): None. BACKGROUND: The current active projects are listed below with the monthly activity shown. PROGRESS FROM PREVIOUS MEETING: 1. Barge Dock Improvements — A change order to install additional speed humps was executed in August 2018; speed humps and all punch-list items anticipated to be finished in September 2018 (project final completion). The Barge Dock is currently open for parking. 2. Repairs on Marina Breakwater at McGee Beach — Final Basis of Design report received on September 5, 2018; 60% plans due in November 2018. 3. Corpus Christi Museum of Science and History Floodwall — No change since last month; project will be re-RFQ'd, and a new consultant selected. 4. Seawall Capital Repairs — Design contract under negotiations. Anticipate presenting the design contract to the Type A Board in October 2018. 5. Salt Flats Levee Improvements— No change since last month; project will be re-RFQ'd, and a new consultant selected. 6. Kinney and Power Street Pump Station Improvements— Design contract approved by the Type A Board in August 2018; scheduled for City Council vote on September 11, 2018. 7. McGee Beach Nourishment/Boat Basin Dredging— Design contract approved by the Type A Board in August 2018; scheduled for City Council vote on September 11, 2018. Pagel of 7 PROJECT SUMMARIES: 1. Salt Flats Levee Project/ FEMA Mapping: Project History: • In 2012 through 2014, the City submitted a FEMA Certification Guidance Document and began an assessment of the impact of FEMA's new FIRM maps. • Beginning in 2015, Staff revised the engineer's scope to better adapt a strategy to support identifying existing flood protection deficiencies, corrective actions, and validation of the FEMA FIRM maps in lieu of"certifying"the systems.This is a result of the changes from FEMA moving from the Provisional Accreditation Levee (PAL) to the Levee Accreditation Mapping Procedure (LAMP). • In 2015, Type A Board and City Council approved an MSA contract with HDR. • A meeting was held with FEMA on August 26th, 2015 to discuss the LAMP and several task orders were negotiated. (See Task Orders Below) • Task Order No. 2, a flood protection system vulnerabilities assessment, was conducted by the consultant and completed in 2016, and reviewed at the March 2016 Type A Board meeting. It is possible this can be re-opened at a later date. • In 2016, the engineer prepared a proposal for Task Orders No. 3, 4, and 5 (see descriptions and project status below). Project Progress: • Task Order No. 1 - Update and Finalize Phase 2A Report— Salt Flat Levee Assessment: o Completed in previous years. • Task Order No. 2 - LLPT Participation/Flood Protection System Vulnerabilities Identification: o Original scope of work was completed. o Additional issues related to the Salt Flats Levee vulnerabilities, such as erosion to the Salt Flats Levee channel that occurred at the location of the Broadway Wastewater Treatment Plant bypass pumping outfall, being addressed through this Task Order. • Task Order No. 3 - Salt Flats Levee 2D Hydraulic Model: o Completed and sent to FEMA for comments in January 2017. • Task Order No. 4 - Conceptual Design of Improvements for Salt Flat Levee: o Completed in Spring 2017. See Item 7 below for the design project. o An amendment was initiated and is now complete to verify any impacts from the New Harbor Bridge. • Task Order No. 5 - Preliminary Design of Floodwall Replacement for Museum of Science and History: o Completed in April 2017. o See Item 4 below for the design project. Future Projects: • The City issued a RFQ to select consultants for six Type A Projects; two of the projects are for design of the improvements recommended thru Task Orders No. 4 & 5 of this project (see also Items 4 & 7 below). The City received RFQ submittals and the Award Letters were sent out in February 2017. Page 2 of 7 2. Barge Dock Project (Construction): Project History: • The August 2012 contract with LJA (RVE) for $309,870.00, defined their scope as a forensic assessment of the barge dock and the adjacent sloped seawall to pursue improvements identified in the 2012 CIP. The scope also included collaboration with the Barge Dock stakeholders to determine if the Barge Dock should continue to function as designed or if additional uses should be considered. The future CIP Funds identified at that time totaled $8,350,000. The first phase of the assessment was completed by LJA (RVE) and they requested to move forward with the Wave Load Analysis and Structural Stability Analysis. However, because the Barge Dock usage will not change, the City decided to not pursue the Wave Load Analysis and Structural Analysis. • The improvements originally were planned to include raising the elevation of the barge dock by 2', constructing a relief platform to prevent the new fill from surcharging the existing bulkhead, developing a stepped terrace area to reduce wave run-up onto the adjacent roadways during storms, and developing additional parking and other amenities. • As of 2015, it was recommended that the deficiencies be corrected, and the major alterations be deferred to allow for more critical flood protection upgrades. • August of 2015, Engineering Services initiated discussions with LJA (RVE), and developed a scope of work for repairs to address deficiencies identified during the condition assessment. Any further betterments to the barge dock are being put on hold until requirements can be better defined. • The City received a final condition assessment report from the LJA (RVE). A proposal was also received and approved, and negotiations were finalized for the design phase services to make repairs to the barge dock (2016). • The project was bid twice, and currently pending approval and award by City Council. o The first bids were significantly over budget due to ambiguities that were clarified on the second bid. o Second bid opening held on November 8, 2017; six bids were received. o Grace Paving & Construction, Inc., was the lowest responsive and responsible contractor with a base bid of$466,115.01. o Including the 2 additive alternates brings the total bid to $553,199.17. 2018 Progress: • Engineering Services recommended award of the base bid and both additive alternates to Grace Paving & Construction, Inc. at the 01/15/17 Type A Board meeting. o Type A Board approved scope of improvements and recommending selected contractor. • Construction contract approved by City Council on 02/13/18. • Pre-construction meeting scheduled for 03/15/18. • Construction started on 03/26/18. o Contractor and Construction Inspection staff coordinating with ABC staff to coordinate access to the Barge Dock during special events. o A change order for the addition of some drainage work was issued, with a revised completion date of mid-July. • Construction substantially complete on 07/30/18. • A change order to install additional speed humps was executed in August 2018; speed humps and all punch-list items anticipated to be finished in September 2018 (project final completion). • The Barge Dock is currently open for parking. Page 3 of 7 3. McGee Beach Re-nourishment/ Boat Basin Dredging Project (Approval Process): Project History: • In 2014, funding was approved and the Coastal Erosion Planning and Response Act Project Cooperation Agreement (PCA) would allow for the GLO to develop a design for the nourishment of McGee Beach. • In 2015, City staff met with GLO and the design consultant to discuss reducing beach re- nourishment demands to reduce cost and improve beach conditions. Based on the evaluations, McGee Beach re-nourishment could be deferred, and North Beach was scheduled for re-nourishment. • August of 2015, Engineering Services staff met with GLO's consultant about planning and permitting. The City determined it may assume responsibility for this project from GLO and link it with other area project needs such as the boat basin dredging and breakwater repairs. • A meeting was held during the month of September 2015 with Cameron Perry (HDR) to formulate a new dredging and beach re-nourishment project. • In February 2016, HDR recommended that a feasibility study be conducted prior to initiating the design phase. • Feasibility Study prepared by HDR was distributed to Type A Board in January 2017. • Govind Development was the AE Selected through the RFQ process to prepare the McGee Beach re-nourishment plans. • McGee Beach held up well during Hurricane Harvey. • Monitoring continues; nourishment not currently warranted. 2018 Progress: • Engineering Services Staff met with Marina staff to discuss the need for dredging within the Marina. • Recommendation made to amend the Repair on Marina Breakwater at McGee Beach project to include dredging in the Marina. o LAN submitted a proposal on 03/29/18. o Starting with a new contract will make the project easier to track, since these are separate CIP projects, yet still allows for a more economic and cost-efficient execution of the projects by incorporating the dredging tasks into the plan set with the breakwater repairs. • Design contract approved by the Type A Board in August 2018. • Design contract scheduled for City Council vote on September 11, 2018. 4. Corpus Christi Museum of Science and History Floodwall (Re-RFQ): Project History: • This recommended improvement is to construct a new floodwall (or a coastal structure) that would extend from the Promenade under the Harbor Bridge to the USACE Bulkhead. This project would also backfill the triangular area between the new wall and existing wall location, to make it function more like a coastal structure, and provide additional land area for future use. o AE Selected (HDR) o The proposed retaining wall alignment is across Port owned property. City Staff is working with the Port Staff to determine the City's land use options, which may include purchasing the property, leasing it, or a temporary or permanent easement. • Type A Board unanimously approved the funding for and recommended City Council approve the contract with HDR for the design and construction documents for this project on 9/18/17. Page 4 of 7 o This professional services contract includes survey, design, permitting, bid and construction phase services, and coordination with USACE. o Coordination with Port of Corpus Christi Authority (POCCA) and the USACE required. • Contract was presented to City Council on October 10th and October 17th for review, and the design contract was approved. • City Council voted on 10/24/17 to reconsider the professional contract they approved on 10/17/17. o City Council members expressed concern that: ■ The proposed wall alignment is on POCCA property, and coordination has not been finalized prior to starting design. ■ The estimated construction costs are too high. • City Staff has already started the coordination process with POCCA staff to determine the City's land options (purchase, lease, or an easement). o City Staff met with the POCCA Executive Director and the Deputy Executive Director on 12/18/17. o POCCA staff in attendance at the meeting did not foresee any issues with the proposed floodwall improvements in front of the museum. o POCCA and City staff agreed that the engineering staff of both entities would collaborate to work out the property use issues. • Proposed schedule will be updated once the issues raised by City Council are addressed and the project is approved by City Council. 2018 Progress: • City and POCCA staff met on 02/16/18 to coordinate on this project. • Selected AE consultant (HDR) requested revisions to contractual provisions. Selected consultant could not come to terms with City standard contract language. Project will be re- RFQ'd, and a new consultant selected. • The project scope may be expanded. • City and POCCA staff continue coordination efforts regarding proposed location of floodwall on POCCA owned property. • City Planning group prepared example renderings that staff plans to share with the POCCA. These renderings show a connection from the Art Center area to the area in front of the Science and History Museum. • Due to POCCA staff changes, City staff met with new POCCA staff points of contact on 05/22/18 regarding project coordination. City staff provided POCCA staff with the example renderings. 5. Seawall Capital Repairs: Project History: • The Corpus Christi Seawall was originally constructed from 1939 to 1942. With the initiation of the Seawall Maintenance sales and use tax, a major project was completed in 2007 to address advanced levels of deterioration of the Seawall system. That project was completed for a cost of $43.4 million. The funding levels programmed in the CIP are anticipated to address routine maintenance issues. A subsequent major reconstruction is shown to occur after the expiration of the current one-eighth cent sales and use tax. This project will assess the seawall and develop and prioritize the maintenance repair activities. o AE Selected (Munoz Engineering) Page 5 of 7 • Engineering Services executed a small design contract with Munoz Engineering on 12/19/17 in the amount of$17,280. o Anticipated project schedule is 3 months. • Project scope includes: o Visual inspection of the Seawall, o Document findings in a report including photographs and map exhibits, o Provide maintenance program and prioritization of repair recommendations, and o Prepare Opinion of Probable Construction Costs for noted repairs. 2018 Progress: • Project Kickoff Meeting held on 01/03/18. • Consultant inspected Seawall; Preliminary Report submitted 02/12/18. • City comments provided to the Consultant. • Final Report submitted 04/06/18. • Presented inspection findings to the Type A Board at the April 2018 meeting. • Design contract amendment under negotiations. Anticipate presenting the design contract to the Type A Board in October 2018. 6. Repair on Marina Breakwater at McGee Beach (Design): Project History: • Scope and Fee negotiations with the selected consultant (LAN) began in May 2017; placed on hold pending approval of the CIP funding. Previous CIP funding was recommended to be combined into the Bayshore Project to accelerate some of the rehab of the pier and walkway. • The CIP for FY17-18 includes the remaining recommended improvements and was approved in September 2017. • Proposed improvements consist of demolishing the existing elevated concrete cap and constructing a new breakwater concrete cap in its place. The existing rock breakwater and concrete cap will be repaired and raised. These improvements will help fortify the seawall against wave attack by preventing failure of the breakwater and excessive erosion of McGee Beach. Construction anticipated to consist of placing rock ballast (smaller stones) to fill gaps between the larger stones and provide a base for the new concrete cap, building the new cap wider (assumed to be 2 ft. wider) and higher (assumed to be 1 ft. higher) than original. • AE Selected (LAN) through RFQ 2016-06. 2018 Progress: • Design contract approved by the Type A Board in February 2018. • Design contract approved by City Council on 03/20/18. • NTP sent to Consultant on 03/28/18. • Project Kick-off Meeting held on 04/09/18. • Recommendation made to amend the Repair on Marina Breakwater at McGee Beach project to include dredging in the Marina. o LAN submitted a proposal on 03/29/18. o Nourishment/Dredging tasks will be incorporated into this project, but will be approved through a separate, new contract instead of amending the Breakwater contract. This will make the project easier to track, since these are separate CIP projects, yet still allows for a more economic and cost-efficient execution of the projects by incorporating the dredging tasks into the plan set with the breakwater repairs. o Nourishment/Dredging design contract approved by the Type A Board in August 2018. o Scheduled for City Council vote on September 11, 2018. Page 6 of 7 7. Salt Flats Levee Improvements (Re-RFQ): Project History: • The Salt Flats Levee System (originally referred to as the Backwater Levee) is an integral component of the downtown flood protection system. The levee requires improvements and maintenance to ensure that the system will function as originally designed. The levee is susceptible to various models of failure. Based on a preliminary study by HDR, improvements are planned that would be sufficient to be certified by FEMA as a freeboard deficient reach. This means that although the system would not afford the level of protection required to be prevent overtopping in a 100-year storm event, it would not be vulnerable to catastrophic failure. This project will prepare the construction plans for the proposed improvements. o AE Selected (HDR) through RFQ 2016-06. 2018 Progress: • Selected AE consultant (HDR) requested revisions to contractual provisions. Selected consultant could not come to terms with City standard contract language. • Project will be re-RFQ'd, and a new consultant selected. 8. Kinney and Power Street Pump Station Improvements (Approval Process): Project History: • The downtown flood protection system relies on two pump stations, Power Street Pump Station and the Kinney Street Pump Station, to service this drainage basin during a significant storm event. Previous design and studies for Downtown Drainage projects included a new storm water concrete interceptor box with new inlets that was constructed in 2007 along Water Street to allow transfer of flows between the two stations, and upgrades of the Kinney Street pump station in 2009. Preliminary studies indicate that a third pump station is required to meet the 100-year event. This project evaluates the capacity of the existing 2 pump station to determine the feasibility of interim solutions to maximize the capacity at the Power Street Pump Station before adding the major investment of the third pump station. The project should include 2D modeling to better define the demands to enhance the reliability and capacity of the downtown storm water pumping system. o AE Selected (Urban) through RFQ 2016-06. 2018 Progress: • Design contract approved by the Type A Board in August 2018. • Scheduled for City Council vote on September 11, 2018. ATTACHMENTS: None Page 7 of 7