HomeMy WebLinkAboutAgenda Packet City Council - 09/17/2018 City of Corpus Christi 1201 Leopard Street
Corpus Christi,TX 78401
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Meeting Agenda - Final
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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
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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
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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
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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.
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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
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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
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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�
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Dennis Dolce JY LVUW(%3L..._
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Date: -
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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
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AGREEMENT City Agreement SCORE 2017-18
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PRO A FORM: Z? day of ZhIle."'I 2017.
Assistant City Attorne
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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
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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");
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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.
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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
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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
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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.
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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
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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.
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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,
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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.
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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:
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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
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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)
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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
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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.
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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.
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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.
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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.
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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)
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• 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
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