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HomeMy WebLinkAboutC2011-238 - 7/26/2011 - 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 of one - eighth of one percent to be imposed for 15 years; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives, which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 on November 17, 2009, and subsequently the Board again amended the Corporation's Guidelines and Criteria for Granting Business Incentives the on October 18, 2010; 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 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, which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 on November 17, 2009; WHEREAS, 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 "). 2011 -238 Res. 029153 Page 1 of 3 07/26/11 :ity 07112011.docx CCBJDC (SCORE) INDEXED 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 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 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. 6. Amendments or Modifications. No amendments or modifications to this Project Support 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 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 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 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 this Project Support Agreement, then the remainder of this Project Support Agreement is not Page 2 of 3 4ASCORE Project Agreement 4A -City 07112011.docx 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 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 Corpus Christi Business & Job Development Corporation Ronald L. Olson `J City Manager Date: 9s.1 /� jii�- oy Salazar President Date: Attest a�2� Armando Chapa City Secretary Approved as to Legal Form this day of • (/o � J AUTHORIZED SECRETARY , 2011. R. Re' ing First Assistant Ci Attorney for City Attorney 4A5CORE Project Agreement 4A -City 07112011.docx Page 3 of 3