HomeMy WebLinkAboutC2006-343 - 8/22/2006 - Approved
!'\II RI (l( '\L L\(iRFEMENI
ihls Interlucai/\~reel1lI'nt (the hA~ret'l11en( i IS made between the Corpus Christi Downtown
'v1anagement District (the "01 strict".). ,:reatl..'d under ( 'hapter) 75 of the Texas Local Government Code,
,1l1d the Cit\ I Jt C(1rru~ ('hrist . Texas' tlw H( 'Ity"). a municipal corporation,
WHEREAS. the Distncl and' he ('ity desln: to enter I11tO an Agreement pursuant to the Interlocal
( ooperatioll \ct to pn 1\ ide tt Ir downh)\vn (orpus ('hristi redevelopment (the "Project");
WHEREAS. the partlC's acknuwledge oblIgations under the agreement approved by City Council on
'\priI27. ::004 continued III fscal \ears .2004-2005. and .2005-2006:
'\ow, there!()re. in consIderation of the mutual covenants in this Agreement, the City and the District
each, the "Party" i auti1mized by appmpnate actions of their governing bodies, agree as follows:
i SERVICES
District shall pr{lvide he f()l1owing services t,) provide tlH the redevelopment of downtown
( orpus Ch1'1st1.
By \ 1a\ ! .)t each ear. District shall prepare and deliver to Director of City Economic
Developmel11 office. a prelim1t1ary plan to deliver senices to Downtown Corpus Christi during next fiscal
year. "Downtown (c\rpus Christi"" means the areas within the legal boundaries of the District. The
preliminan plan must .tddress City Council goals for 1)0\\ntow11 Corpus Christi, including plan to increase
commerce III Downto\vn Corpus (hnsti Ihe Dist1'1ct agrees to work in conjunction with the City to
develop \\Javs to encourage and promolc Cl,nnmerce in Downtown Corpus Christi. The District also agrees
to maintain. contll1ue and enhcmce the current level 01 projects it is currently delivering: a) sidewalk and
curb sweeplllg: bllandscapting; c) event aCl1vities: d i marketing: and c) park enhancements; all of which
provide for a mor~ pedestriar friendl) Cll\mmment and encourages commerce and retail. District shall
provide its tinal plan ('.Plan") to Direoor ,)j City EconomIc Development office no later than August 1 of
.:ach year. which ()utlincs the lverall objectives o1'th,,' Distnct. The Plan will describe the plan of action
tor the upc()ming year !!1cludll1g a lim item budget and SIgnificant initiatives. Opportunities to develop
(\immerce ill Dmvntllwn C. lrpus Christl \\ III bc speciticall) identified and included in the plan.
Information necessar) 0 describe till' Distnct"s etlllrts to help promote and encourage commerce in
Downtown <. orpllS Chnstl will be lI1ciuded as well
1" TI1,-' I )istnct agrees to assIst the elt\ in its downtown development and redevelopment
activities. ,md coordincne Its ~jctiVll1es with the Cit)
I -J. rhl' [>istnct agrees to contlllul' its mission 10 act as a catalyst to strengthen economic base of
Downtown (orpus Chnstl tll'ough a) cnsLlrll1g programs to improve image of Downtown Corpus
Christi: bl lI1crease attractiveness through maintenance. and c) assure cleanliness and safety of
Downtown ( orpus Chnsti
~ rrh.-' <. it~7 (lgree> to appoint (1 rcpresL'l1tativ'e tl"0111 the ('ity to serve in ad\Tisory capacity to the
District's Hoard (l1' Dir.::ctofs
2006-343
08122/06
Rl'S026928
IlMD
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1.6 I'he (i ty agree, to ha\ e the Mavor and/or the District's City Council Representative meet with
the Distri( 1 " Board u1 Direct lrs i,.'\en ~lllarter at the regularly scheduled Board of Director's meetings.
II I IN \ '\,( 'IAL R H){]REMFNT~
rhe parties agree and under"tand that funding under this Agreement is subject to annual
appropriatIOns b) the ('Ity Council and that each fiscal year's funding must be included in the budget for
that year and IS nut effecti\e until approv\:d hv the ('t\ Council
') J District must maintain revenue pmvided under this /\greement in a separate account established for
that purpose and may rH)t commingle ( ity tllllds with any other funds, ['he separate account is established
Jnd dearh Identi fied ,IS CienLTal hmd and IS hudgekd for administrative expenses, Monies from other
DIstrict funds may be 1 ransteFed tu the separate account to compensate for administrative budget so long
as they are clearh identlficd lmd the Board III Direct,)rs has approved the transferred.
~ ~ l:xpenditllres f'xce~dil1g the totall1udgeted alnoLlnt nlust be patet from clearly identified funds of
r )istrict 1\lol1les already expended by 1 he I )istrict for activities in fiscal year 2005-2006 are not required to
he kept in separate aeu )unt
_: 4 Interest earned on funds contributed to District by the ('ity must be clearly identified, credited, and
ret1ected on the buoks as reSulting fi'om sllch investment of such funds and the same shall be available for
District USe'
1 .:;.
The parties agree that receipt (,fthese funds neatl's a tiduciar! duty of the District.
2 (1 Distnct also "hall pre vide an independent audit f()r expenditures of funds allocated under this
agreemem !(lr eachve,ll based on a fiscal vear ending July') I.
1 "7 Accounting records and the necessary independent audit also must conform to the accounting
standards as promulgated lw the i'..mcriean Institute of Certitied Public Accountants and to the
requirements of applicable state law so as to lIlclude a statement of support, revenues and expenses, and
halance sheets for ail funds,
::: X Earl) reports of;1n Il1dependent audit ohhe District's expenditures and revenues during the previous
fiscal year performed Iv., a Certified Puhlie ,\ccountant 111 accordance with Generally Accepted Accounting
Principals ((i AAP) "hall be submItted to the City Manager within one hundred fifty (ISO) days after the
end of each tiscal yeal that thls Agreement IS 111 ef1el'l
:2 l) The books ot accoum of the funds held by Di"trict shall be mamtained in a form approved by the
City's Director of Finance anc1 shall be available for inspection and copying by the Director, and his or her
duly authorized agents and representatives during regular business hours of District. Records shall be
maintained for at leasl :; year, atter the expIration or termination of this agreement.
2 I 0 District's lisca! vear begins August i and emh .I uh') I
-.
Ill. PERFORI\lANCF REPORTS.
, I Performance Reports. fhe District wIll periodically report to the City Council on the activities and
work accomplished Ihe 01 stricl shall make any "pecia] presentations or prepare specific reports if
requested hv the memhers of he City Council within 30 days of such request.
; ., A.nnual Report..; Ihe District "hall provide ( It: Manager written annual report on the
\lutcomes ()f the performance measures pre-.;ented in I he plan for the previous year. The Annual Report
"hall be due: withm :--l:-<t) (h()) day:-- aher the end of each fiscal year that this Agreement is in effect.
, , fhe Distnct agrees to nrovlde Ihe ('II) with all annual report for fiscal year 2005-2006 by August
; ! . .2006. I hI..' annual rc'port shall describe I..'ach project undel1aken by the District in fiscal year 2005-2006,
provide proJect statu". dnd amounts cxpended on each project. City agrees to pay District the total sum of
\iW.OT~ t~)! hscal yea" 2()()6-?006 upon rL'Cl~lpt of thiS annual report tor fiscal year 2005-2006.
1\. PLRFORMANCE MEASURES.
-l: I Distnct shalllJt~ deemed to have mellts performance requirements for a particular fiscal year if the
number of commercial cstabli "hments II)Catd within houndaries of the District increases from the previous
fiscal year: cll1d if the ckanlimss. land"caping. event activities. marketing and park enhancement projects,
l..:urrently underway. c(lntinuc
..j. .2 In consideration for District' s perlrmnance under this Agreement. City agrees to pay District the
sum of$80,On for work pertl .rmed dunng Fiscal year .2006-.2007. which amount shall be paid in quarterly
payments.
\ \1ISCELLANEOUS
.;; ] ImDlementation Ihe ('it: Manager and Executive Director for the District are authorized and
directed to take all step~ necc'.;sar: ()r ,.:ol1\~:nient to implement this Agreement.
.;; 2 Warranty. I hi" A.greunent has been otliciallv authorized by the governing body of the City and
the District. and each sIgnatory to this .\greement guarantees and warrants that the signatory has full
authority tl \ execute thi~ Agreement and to legally hind their respective party to this Agreement.
.;; 3 Administrative Services. The Cit\ c1nd the DIstrict agree to provide administrative services
necessary to coordinate thiS Agreement. including providing the other party with a current list of
contact information for each part\!
) ..j. EXDendinl2, funds. Any paynwnt made by the Distnct or the ( ity for any of the costs or
expenses that either incurs pursuant t(, thi" Agreement shall be made out of current revenues available
In the paying parlv a~ required by the Interlocal Cooperation Act.
" .... fenn Once approve( bv all Parties the term orthis Agreement is August L 2006 through July
~ i 2007
" () SeycrabilJty Ii an) \wrtio!1 otthis \greemem. or its application to any person or circumstance,
shall ever he held to be Il1valiJ or unclll1s1itutional b: any court of competent jurisdiction, the
remainder ()f this A..greement ,hall not he atlected and shall contijlUe to be enforceable in accordance
\\ Ith its term:--,
" Oral and Written Agn.:ements.\.il ,)ral or written Agreements between the Parties relating to
the subject matter or this Agr,:ement. \\ hich \vere de\eloped prior to the execution of this Agreement,
have been reduced t\) \\Titmg and are cnJ11allled in thiS Agreement.
" R Not for Benefit of rhIrd Parties. rhls Agreement and all activities under this Agreement are
,olely for the benefit c'( the Parties and n(\t the benefit of any third party.
:; l) Immunity not Waived Nothing in this Agreement is intended. nor may it be deemed, to waive
any govemmentaL official. 0] other immunity or defense of any of the Parties or their officers,
employees represental! Yes. and agent.; as a result of the execution of this Agreement and the
performance nfthe cn\enants contained in this Agreement.
:; 10 Breach. Any breach (,rthisAgreement nO\\ or through the term shall render the Agreement
null and v\lld
:) II Notices. '\n) notice. ,:orrespondence or payment made pursuant to this Agreement must be
made by (al depositing the same in the United States mail. postai::.e prepaid, addressed as follows, or (b)
delivering the same to the other Part) An) notice given in accordance with (a) shall be effective upon
deposit in the I !nited States mail. and the addresses (If the Parties shal L until changed by written notice,
he as follo\\s
In the Cit\
eil\ (\1 Corpus ( 'hrist
eit) Managel
P. ( ). Box 92'"1"
Corpus Christi rexas 78469-{l~)77
10 the Distnct
Corpus Christi Downtown Management District
Attn: President
410 Peoples Street
Corpus Christi. r exas 7840]
5 12 Amendments or Counterparts. nus Agreement may not be amended except by written
Agreement approved hy the governing bodIes of the Parties. This Agreement may be executed in one
or more counterparts. .:ach ot which shall be deemed an original ,111 of which shall constitute but one
and the same instrument.
;, J'~ Modificatlon~", \Jc' 01 :icer (lr cmpk,.' ee of an\ of Lhe Parties may waive or otherwise modify the
terms in thiS \greemen1. without Ihe e\.pre~s action (l11he governing hody of the Party.
,; 14 CaPtions, CaptIons t\ prO\lsi\'ns u! thiS Agreement are for convenience and shall not be
(()nsidered 1Il the interpretati(11 of the rn1\1"]0I1S,
" 1:) Go\erninl.!, La\\ and \ enue, r his /\greement shall be governed by the laws of the State of
r exas. Venue for an action arising under thiS i\grecment shall be in accordance with the Texas Rules
\)f Civil Prncedure
" J 6 ~12D.~vat All PartIes identified bek.\\ agree to the provisions and terms of this Agreement.
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CORPUS (I-1RIS n DO~..:Nl ~wIc 1'v1AN,\(iEMEl\T DISTRICT
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~ame: tj~~AVL4A~_
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Date: ~ &_~..b_
CITY OF CORP1:S CHRIS1
Bv /~... ~
G~or~
City Manager
Date:
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Bv
!'umaado Chapa
City Secretan
'\pproved as to legal form
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By, X./v~~,_17~V
Lisa Aguilar
\ssisumt ('ity Attorne\
tor City Attorney
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