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HomeMy WebLinkAboutC2010-349 - 8/31/2010 - ApprovedSMALL BUSINESS INCENTIVES PROJECT SUPPORT AGREEMENT SCORE CHAPTER 221 FOR SMALL BUSINESS ASSISTANCE This Small Business Incentives Project Support Agreement ("Project Support 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), now codified as Subtitle C1, Title 12, 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 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 ofone-eighth of one percent to be imposed for 15 years; WHEREAS, the 118 cent safes 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, 2D03, 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"), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073, Texas Local Government Code, 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; WHEREA5, SCORE Chapter 221 has submitted a proposal to the Corporation to request small business incentives of approximately $50,000 to be used to assist SCORE Chapter 221 in its operation of its program 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 SCORE Chapter 221; and WHEREAS, the Corporation and SCORE Chapter 221 have executed an Agreement to Grant Small Business Incentives to SCORE Chapter 221 for the creation of jobs to assist small business employers ("Small Business Incentives Agreement"). 2010-349 Res. 028753 Page 1 of 3 08131110~y ososzo~ o CCBJDC ~~~~~~ In consideration of the covenants, promises, and conditions stated in this Project Support Agreement, the Corporation and the City agree as follows: 1. Project Support Agreement to Implement Small Business Incentives Agreement. This Project Support Agreement between the City and the Corporation is executed to implement the Agreement to Grant Small Business Incentives to SCORE Chapter 221 for small business assistance between the Corporation and SCORE Chapter 221. 2. Term. The term of this Project Support Agreement runs concurrently with the term of the Small Business Incentives Agreement. 3. Services to be Provided by City. a. The Gity 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 Small 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 Support Agreement is the latest date that either party executes this Agreement. fi. Amendments or Modifications. No amendments or modifications to this Project Support Agreement may be made, nor any provision waived, unless in wri#ing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. if for any reason, any sec#ion, paragraph, subdivision, clause, provision, phrase or word of this Project Support Agreement or the application of this Project Support 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 Support Agreement, or the application of the term or provision to persons or circumstances o#her 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 Support Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Support 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 #his Project Support Agreement, then the remainder of this Project Support Agreement is not Page2of3 4ASCaRE Project Agreement 4A-City 08092010 affected by the iaw, 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 Projec# Support Agreement automatically. 8. Captions. The captions in this Project Support Agreement are for convenience only and are not a part of this Small Business Incentives Project Support Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Support Agreement. The City of Corpus Christi r ' e .Escobar City Manager Date: g/~~//d Attest ~!_"^_ __ Armando Chapa ~ ~~~ City Secretary Corpus Christi Business $ Job De~eiopment Corporation I ala r hairpersan Date: _ ~°.24 In ,,, . Approved as to Lega! Form this day of ~, 2070. R. Ja ein' g Fir Assi ant tY Attorney far City At#or ey ~, ~$„~„ 1~.~ AUTHi3Rl~IrD -__ a..l .w~Y ~~ ~~ S~C~ETAR~• Page 3 of 3 4ASCORE Project Agreement 4A-City 08092010