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HomeMy WebLinkAboutC2007-463 - 12/11/2007 - ApprovedBUSINESS INCENTIVES PROJECT AGREEMENT This Business Incentives Project Agreement (" Project Agreement"} is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979} 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 118 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 Corporation's Board of Directors; WHEREAS, the 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"), an September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.5, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 1$, 2007; WHEREAS, Coastal Bend Workforce Development Board has submitted a proposal to the Corporation to request business incentives of approximately $21,900 to be used to assist Coastal Bend Workforce Development Board in its creating and maintenance of two intern employment positions at Facility to assist with the promotion and operation of the internship programs of Texas A&M University--Corpus Christi and Del Mar College to assist small business employers in the City of Corpus Christi; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business incentives be offered to Coastal Bend Workforce Development Board WHEREAS. the Corporation and Coastal Bend Workforce Development Board have 2007-463 rt to grant business incentives to Coastal Bend Workforce Res. 027535 4-City 051029.doc 12/1107 i 11Work5ource Project Agreement 4A-City 051029.doc CB Workforce Dev. Board Page 1 of 3 Development Board for the creation of jobs to assist small business employers {Business Incentives Agreement). In consideration of the covenants, promises, and conditions stated in this Project Agreement, the Corporation and the City agree as follows: 1. Project Agreement to Implement Business Incentives Agreement. This Project Agreement between the City and the Corporation is executed to implement the Agreement to Grant Business Incentives to Coastal Bend Workforce Development Board for the Creation of Jobs to assist small business employers between the Corporation and Coastal Bend Workforce Development Board 2. Term. The term of this Project Agreement runs concurrently with the term of the Business Incentives Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shalt administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Business Incentives Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Agreement or the application of this Project Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Agreement be given full force and effect for its purpose. WorkSource Project Agreement 4A-City051o29.doc lial EG-DIR15haredlGarySlagenda120D7112-111WorkSeurce Project Ag[eemenl4A-City 051029.doc Page 2 of 3 b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Agreement, then the remainder of this Project Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Agreement automatically. 8. Captions. The captions in this Project Agreement are far convenience only and are not a part of this Project Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Agreement. The City of Corpus Christi G orge K. Noe C~ y Manager -~~e~ Date: 0 Attest Armando Chapa City Secretary Approved as to Legal Farm this -~r G ry .Smith Assistant City Attorney for City Attorney Corpus Christi Business & Job Development Corporation ~, 4N Date: ~ ° ~ r ~ 0 S ~ Cl ,~ AU i Fi{Jlit~i~ ~Y CAljIwiCll, ..,..~R~ I I ~~~ day of December, 2007 Worksource Project Agreement 4A-City 051029.doc H:SL@G-^IR1SharedlGary55agenda12 00711 2-1 1 5Work5ource Project Agreement 4A-City 651029_doc Page3of3