HomeMy WebLinkAboutC2008-343 - 9/30/2008 - ApprovedINTERLOCAL COOPERATION AGREEMENT
2008-2010
This Interlocal Cooperation Agreement ("Agreement") is made between the Corpus
Christi Downtown Management District ("District"), created under Chapter 375 of the
Texas Local Government Code, and the City of Corpus Christi, Texas ("City"), a
municipal corporation.
WHEREAS, the District and the City desire to enter into an Agreement under the
Interlocal Cooperation Act to provide for Downtown Corpus Christi redevelopment
("Project");
Now, therefore, in consideration of the mutual covenants in this Agreement, the City and
the District (each, "Party") authorized by appropriate actions of their governing bodies,
agree as follows:
I. SERVICES
1.1. The District shall provide the following services to provide for the redevelopment of
Downtown Corpus Christi:
a. Work in conjunction with the City to develop ways to encourage and promote
commerce in Downtown Corpus Christi.
b. Maintain, continue and enhance the current level of projects, which provide for
a more pedestrian friendly environment and encourages commerce, retail, and
residential activities in Downtown Corpus Christi, it is currently delivering:
i. Sidewalk and curb sweeping.
ii. Landscaping.
iii. Event activities.
iv. Marketing.
v. Park enhancements.
c. Assist the City in its downtown development and redevelopment activities, and
coordinate its activities with the City.
d. Continue its mission to act as a catalyst to strengthen downtown's economic
base through a) ensuring programs to improve image of Downtown Corpus
Christi, b) increase attractiveness through maintenance, and c) assure
cleanliness and safety of Downtown Corpus Christi.
e. Promote the development and expansion of residential housing projects within
Downtown Corpus Christi.
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CC Downtown Mngmt Distr.
f. Assist the City with code enforcement and rehabilitation projects within Corpus
Christi, including ensuring the proper maintenance of vacant buildings.
g. Conduct surveys of the owners of businesses and properties within Downtown
Corpus Christi to determine their needs and priorities.
h. Work toward the establishment of a downtown merchants association.
i. Assist the City with the establishment of a tax increment reinvestment zone or
public improvement district to support infrastructure improvements within
Downtown Corpus Christi and adjacent areas.
j. Establish a baseline for the performance measures in Article IV of this
Agreement by November 1, 2008.
1.2. "Downtown Corpus Christi" means the areas within the legal boundaries of the
District.
1.3. By May 1 of each year, the District shall prepare and deliver to Director of City
Economic Development office, a preliminary plan to deliver services to Downtown
Corpus Christi during next fiscal year. b. The preliminary plan must address City
Council goals for Downtown Corpus Christi, including plan to increase commerce in
Downtown Corpus Christi.
1.4. The District shall provide its final plan ("Plan"), which outlines the overall objectives
of the District, to Director of City Economic Development office no later than August 1 of
each year.
a. The Plan must describe the plan of action for the upcoming year including a
line item budget and significant initiatives.
b. Opportunities to develop commerce in Downtown Corpus Christi must be
specifically identified and included in the plan.
c. Information necessary to describe the District's efforts to help promote and
encourage commerce in Downtown Corpus Christi must be included.
1.5. The City agrees to appoint a representative from the City to serve in advisory
capacity to the District's Board of Directors.
1.6. The City agrees to have the Mayor or the District's City Council Representative
meet with the District's Board of Directors every calendar quarter at the regularly
scheduled Board of Director's meetings.
II. FINANCIAL REQUIREMENTS
2.1. In consideration for the District's performance under this Agreement, City agrees to
pay the District a total of $145,000 for Fiscal year 2008-2009, in four equal quarterly
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payments, for work performed during Fiscal year 2008-2009. The City also agrees to
match the District revenue from taxes at a minimum of $145,000 and up to a total of
$160,000 for Fiscal year 2009-2010, in four equal quarterly payments, for work
performed during Fiscal year 2009-2010.
a. The quarterly payments will be made in the last month of each calendar
quarter.
b. The City's payments are contingent upon receipt of the District's Annual
Report for each fiscal year, as required by Section 3.3 of this Agreement, by
August 31, of that fiscal year. For example, the September 30, 2009, quarterly
payment is contingent on receipt of the 2009 fiscal report by the City on or before
August 31, 2009.
2.2. The parties agree and understand that funding under this Agreement is subject to
annual appropriations by the City Council, and that each fiscal year's funding must be
included in the City's budget for that year. Funding is not effective until the City's
budget is approved by the City Council.
2.3. The District shall maintain funds provided under this Agreement in a separate
account established for that purpose, and may not commingle City funds with any other
funds.
a. The separate account is established and clearly identified as General
Fund/City Fund.
b. The funds provided for under this Agreement must be budgeted for
administrative expenses.
c. Monies from other District funds may be transferred to the "separate account"
to supplement the administrative budget, as long as they are clearly identified
and Board of Directors has approved the transfer.
2.4. Expenditures exceeding the total budgeted contract amount must be paid from
clearly identified funds of the District.
2.5. Interest earned on funds contributed to the District by the City must be clearly
identified, credited, and reflected on the books as resulting from the investment of the
funds. The interest earned is available for the District's use.
2.6. The parties agree that receipt of these funds creates a fiduciary duty of the District.
2.7. The District shall provide an independent audit for expenditures of funds allocated
under this agreement for each year based on a fiscal year ending July 31. The District
shall provide a copy of the independent audit to the City Manager within one hundred
twenty (120) days after the end of the District's fiscal year.
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2.8. The accounting records and independent audit must conform to the accounting
standards as promulgated by the American Institute of Certified Public Accountants and
to the requirements of applicable state law, so as to include a statement of support,
revenues and expenses, and balance sheets for all funds.
2.9. Early reports of an independent audit of the District's expenditures and revenues
during the previous fiscal year performed by a Certified Public Accountant under
Generally Accepted Accounting Principals (GAAP) must be submitted to the City
Manager within one hundred twenty (120) days after the end of each fiscal year that this
Agreement is in effect.
2.10. Any funds provided by the City that are not expended during the District's fiscal
year must be retumed to the City must be returned to the City with the copy of the
District's independent audit.
2.11. The books of account of the funds held by the District must be maintained in a
form approved by the City's Director of Finance, and must be available for inspection
and copying by the Director, or the Director's authorized agents and representatives,
during regular business hours of the District. Records must be maintained for at least 3
years after the expiration or termination of this agreement.
2.12. The District's fiscal year begins August 1 and ends July 31.
2.13. The term of this agreement shall be for two years, from August 1, 2008 through
July 31, 2010. This agreement may be extended by mutual agreement under the same
terms for two additional one year terms, contingent upon the City's annual appropriation
of funds.
2.14. The District shall reimburse the City for any funds provided under this Agreement
that are expended on anything that is not specifically authorized by this Agreement.
2.15. The continuation and renewal of this agreement is contingent upon the continued
existence of the District.
III. PERFORMANCE REPORTS.
3.1. Performance Reports: The District shall periodically report to the City Council on
its activities and work accomplished. The District shall make any special presentations
or prepare specific reports, if requested by the members of the City Council, within 30
days of a request.
3.2. Annual Performance Reports. The District shall provide the City Manager a written
annual report on the outcomes of the performance measures presented in the plan for
-the previous year. The Annual Performance Report is due within sixty (60) days after
the end of each fiscal year that this Agreement is in effect.
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3.3. The District agrees to provide the City with an Annual Report for fiscal year
annually by August 31St. a. The Annual Report must:
a. Describe each project undertaken by the District in fiscal year.
b. Provide project status.
c. The amounts expended on each project.
d. Document the success of the District in accomplishing its performance
measures for the fiscal year, as specified in Article IV of this Agreement.
IV. PERFORMANCE MEASURES.
4.1. The District shall be deemed to have met its performance requirements for the
fiscal year upon accomplishment of the following:
a. Formation and staffing of a residential development task force, to assist
developers of property within the district.
1. Production and distribution of marketing materials on opportunities for
residential investment.
2. Work cooperatively with the Economic Development Department to
promote redevelopment of downtown.
3. Work as a liaison with developers regarding code enforcement issues
and requirements, and provide contact information for various City
services (i.e., Neighborhood Services, Development Services, Economic
Development).
4. Support the City's efforts to educate downtown owners on local code
enforcement requirements.
5. Identify downtown development needs and proactively work with the
City's Economic Development Department in addressing those issues.
b. Funding of a Downtown Merchant's Association Cooperative Marketing
Program with no less than 4 members.
1. DMD will budget no less than five thousand dollars for joint advertising
by Downtown merchants.
2. The group will have the task of devising and producing cooperative
marketing for Downtown retailers.
3. Report to the Downtown Management District on issues and concerns
expressed by the Downtown Merchants Association.
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c. The value of property within the District increases from the previous fiscal year
due to new construction, improvements, or rehabilitation of property within the
District.
d.. The District supports the City's Economic Development Department to
implement approved Council actions related to downtown improvements,
including supporting the City's efforts with the annual Adopt Downtown project.
e. The District provides quarterly reports concerning economic, commercial, and
demographic data within the District.
f. The District continues to improve the cleanliness, landscaping, event activities,
marketing, and park enhancement projects currently underway.
g. Increase taxable retail sales within the district. The District must obtain the
required sales tax reports from the State Comptroller's Office.
V. MISCELLANEOUS
5.1. Implementation. The City Manager, or designee, and Executive Director for the
District are authorized and directed to take all steps necessary or convenient to
implement this Agreement.
5.2. Warranty. This Agreement has been officially authorized by the governing body of
the City and the District, and each signatory to this Agreement guarantees and warrants
that the signatory has full authority to execute this Agreement and to legally bind their
respective party to this Agreement.
5.3. Administrative Services. The City and 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 party.
5.4. Expending Funds. Any payment made by the District or the City for any of the
costs or expenses that either incurs under this Agreement must be made out of current
revenues available to the paying party as required by the Interlocal Cooperation Act.
5.5. Term. Once approved by all Parties, the term of this Agreement is August 1, 2008
through July 31, 2010.
5.6. Severability. If any portion of this Agreement, or its application to any person or
circumstance, is ever be held to be invalid or unconstitutional by any court of competent
jurisdiction, the remainder of this Agreement is not affected and continues to be
enforceable under its terms.
5.7. Oral and Written Agreements. All oral or written Agreements between the Parties
relating to the subject matter of this Agreement, which were developed prior to the
execution of this Agreement, have tieen reduced to writing and are contained in this
Agreement.
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5.8. Not for Benefit of Third Parties. This Agreement and all activities under this
Agreement are solely for the benefit of the Parties and not the benefit of any third party.
5.9. Immunity Not Waived. Nothing in this Agreement is intended, nor may it be
deemed, to waive any governmental, official, or other immunity or defense of any of the
Parties or their officers, employees, representatives, and agents as a result of the
execution of this Agreement and the performance of the covenants contained in this
Agreement.
5.10. Breach. Any breach of this Agreement now or through the term shall render the
Agreement null and void.
5.11. Notices. Any notice, correspondence or payment made pursuant to this
Agreement must be made by (a) depositing the same in the United States mail, postage
prepaid, addressed as follows, or (b) delivering the same to the other Party. Any notice
given in accordance with (a) shall be effective upon deposit in the United States mail,
and the addresses of the Parties shall, until changed by written notice, be as follows:
To the City:
City of Corpus Christi
City Manager
P. O. Box 9277
Corpus Christi, Texas 78469-9277
To the District:
Corpus Christi Downtown Management District
Attn: President
223 N. Chaparral, Suite A
Corpus Christi, Texas 78401
5.12. Amendments or Counterparts. This Agreement may not be amended except by
written Agreement approved by the governing bodies of the Parties. This Agreement
may be executed in one or more counterparts, each of which shall be deemed an
original all of which shall constitute but one and the same instrument.
5.13. Modifications. No officer or employee of any of the Parties may waive or
otherwise modify the terms in this Agreement, without the express action of the
governing body of the Party.
5.14. Captions. Captions to provisions of this Agreement are for convenience and shall
not be considered in the interpretation of the provisions.
5.15. Governing Law and Venue. This Agreement is be governed by the laws of the
State of Texas. Venue for an action arising under this Agreement is in Nueces County,
Texas.
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5.16. Approval. All Parties identified below agree to the provisions and terms of this
Agreement.
CORPUS C R~STI D TOWN MPNAGEMENT DISTRICT
By: ~- C ~14 2 rt14~/
EI Sala
Chairman
Date:
ATTEST
Armando Chapa
City Secretary
Date: q-~-0-ag
Approved as to legal form: Seri ~-9
CITY OF CORPUS CHRISTI
By: ~~
n el Escobar
Interim City Manager
2008
By:
R. Jay Rein' g
First Assistant City Attorney
for City Attorney
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2008 DMD Contract rjr 09192008