HomeMy WebLinkAboutC2009-446 - 10/13/2009 - ApprovedPROJECT SERVICE AGREEMENT
FOR DEVELOPMENT OF FACILITIES FOR TEXAS A & M UNIVERSITY -CORPUS
CHRISTI'S COASTAL BEND BUSINESS INNOVATION CENTER, A BUSINESS
INCUBATOR
This Project Service Agreement ("Project Service 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 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 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, Section 21 of the Texas Development Corporation- Act of 1979,. Art. 5190.6,
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 18, 2007;
WHEREAS, Texas A & M University -- Corpus Christi has submitted a proposal to the
Corporation for $1,500,000.00 for development of a business incubator to be known as
the Coastal Bend business innovation Center;
WHEREAS, the ballot measure that authorized the sales tax for the promotion and
expansion of business enterprises authorized the use of the funds to make grants to
organizations to provide training and education to insure the knowledge and skills
required for the jobs of the future are in place;
WHEREAS, the ballot measure that authorized the sales tax for the promotion and
expansion of business enterprises also authorized the use of the funds to assist small
and start-up companies that have the ability to produce jobs for the future;
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Res. 028347
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Texas A&M Univ. - CC
WHEREAS, the heading in the ordinance calling the ballot measure that authorized the
use of the funds to assist small and start-up companies carries the heading "Business
Development/I ncubation;"
WHEREAS, the Board has determined that it is in the best interests of the citizens of
Corpus Christi, Texas, to fund the development of facilities for Texas A & M University --
Corpus Christi's Coastal Bend business innovation Center, a business incubator; and
WHEREAS, the Corporation and Texas A & M University -- Corpus Christi have
executed a business incentive agreement for development of facilities for Texas A & M
University -- Corpus Christi's Coastal Bend business innovation Center, a business
incubator.
Inconsideration of the covenants, promises, and conditions stated in this Project
Service Agreement, the Corporation and the City agree as follows:
1. Project Service Agreement to Implement Business Incentives Agreement. This
Project Service Agreement between the City and the Corporation is executed to
implement the Business Incentive Agreement with Texas A & M University -- Corpus
Christi for the Development of the Coastal Bend business innovation Center, a business
incubator ("Agreement").
2. Term. The term of this Project Service Agreement runs concurrently with the term of
the Agreement.
3. Services to be Provided by City.
a. The City Manager, or the City Manager's designee, shall 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 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 Service Agreement is the latest
date that either party executes this Agreement.
6. Amendments or Modifications. No amendments or modifications to this Project
Service 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 Service Agreement or the application of this
Project Service Agreement to any person or circumstance is, to any extent, held
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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
Service 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 Service Agreement that every section,
paragraph, subdivision, clause, provision, phrase, or word of this Project Service
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 Project
Service Agreement, then the remainder of this Project Service 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 Service Agreement automatically.
8. Captions. The captions in this Project Service Agreement are for convenience only
and are not a part of this Project Service Agreement.- The captions do not in any way
limit or amplify the terms and provisions of this Project Service Agreement.
The City of Corpus Christi
Corpus Christi Business &
Job Development Corporation
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'A el .Escobar
I Cit Manager
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Attest
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Armando Chapa
City Secretary
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Chairperson
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Approved as to Legal Form: October~~, 2009.
R. J F3. ming
First Assistant City Attorney
for City Attorney
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SECRETARY
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