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HomeMy WebLinkAboutC2010-356 - 8/31/2010 - ApprovedSMALL BUSINESS INCENTIVES PROJECT SERVICE AGREEMENT This Small Business Incentives Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Chris#i 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 locat 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 En#erprises, 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 1I8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller ofi 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"), 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; WHEREAS, Coastal Bend Workforce Development Board {"Workforce Solutions"} has submitted a proposal to the Corporation for $20,880.00 to assist small businesses by promoting the small business student intern programs at Texas A & M University - Corpus Christi ("TAMU-GC") and Del Mar College ("Del Mar") to small businesses in the City; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, #o fund the Workforce Solutions' Small Business Employer Intern Program; and WHEREAS, the Corporation and Workforce Solutions have executed a small business incentives project agreement for Workforce Solutions' Small Business Employer Intern Program. 2010-356 Res. 028754 Page 1 of 3 OS13111aort Agreement 4A-City -- 080920'i0 CCBJDC ~~~~Q In consideration of the covenants, promises, and conditions sta#ed 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 Small Business Incentives Agreement for Workforce Solutions' Small Business Employer Intern Program between the Corporation and Workforce Solutions ("Small Business Incentives Agreement"}. 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Small Business Incentives Agreement. 3. Services to be Provided by City. a. The Ci#y 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 Service Agreement is the latest date that either party executes this Agreement. fi. 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 ward of this Project Service Agreement or the application of this Project Service 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 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 Projec# Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreemen# 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 Page 2 of 3 Workforce Solutions -- Project Suppor# Agreement 4A-City - 08092010 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. S. 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 Corpora#ion r ~~~~~ 'A R. Escobar Ci Manag Date: ~ ~f ~Q Attest: Armando Chapa City Secretary E ala ar P esident Date: ~~ ~a /® Approved as to Legal Form: ..~ ~-~ , 2010. R. Jay R ' in First silt nt City Attorney for City Attorney Page 3 of 3 s. 'l5 ~uT~a~l~t~ ar e~u~rc~l...... 3~ l0 Workforce 5olutians -Project SupporE Agreement 4A-Cify - 08092410