HomeMy WebLinkAboutC2011-475 - 12/6/2011 - ApprovedBUSINESS INCENTIVE PROJECT SERVICE AGREEMENT
ASSOCIATED BUILDERS & CONTRACTORS MERIT SHOP TRAINING PROGRAM,
INC. DBA CRAFT TRAINING CENTER OF THE COASTAL BEND
This Business Incentive 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 Development Corporation Act, now codified as Title 12, Subtitle
C1 (Chapters 501 — 507) of the 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 residents;
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 118 cent sales tax authorized by passage of Proposition 2 was
subsequently enacted by the City Council and filed with the Texas Comptroller, effective
April 1, 2003, to be administered by the Corporation's Board of Directors ( "Board ");
WHEREAS, the Corporation exists for the purposes of encouraging and assisting
entities in the creation of jobs for the residents of the City;
WHEREAS, the Board amended the Corporation's Guidelines and Criteria for Granting
Business Incentives ( "Guidelines ") on October 18, 2010;
WHEREAS, Section 501.073 of the Texas Local Government Code, requires the City
Council to approve all programs and expenditures of the Corporation;
WHEREAS, the City Council approved the amended Guidelines on November 9, 2010;
WHEREAS, Associated Builders & Contractors Merit Shop Training Program, Inc. dba
Craft Training Center of the Coastal Bend ( "Craft ") has submitted a proposal to the
Corporation for a grant, that can be up to $1,750,000 depending on' its actual
investment, to expand and improve its existing facility and to purchase fixtures,
furnishings, and instructional equipment;
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City to provide business development funds to Craft; and
WHEREAS, the Corporation and Craft have executed that certain Business Incentive
Agreement Between the Corporation and Craft for the creation of jobs ( "Business
Incentive Agreement ").
In consideration of the covenants, promises, and conditions stated in this Project
Service Agreement, the Corporation and the City hereby agree as follows-
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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.
2. Term. The term of this Project Service Agreement runs concurrently with
the term of the Business Incentive 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 Business incentive
Agreement for the Corporation.
4. Appropriation of f=unds. Any future payments by the City are subject to
appropriation of funds by the City Council.
5. Effective Date. The effective date of this Project Service Agreement is
the latest date that either party executes this Project Service 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 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
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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.
CITY OF CORPUS CHRISTI, TEXAS
Attest
Armando Chapa
City Secretary
CORPUS CHRISTI BUSINESS &
JOB DEVELOPMENT CORPORATION
ax4(
10 16y Sa azar
President
Date:
Approved as to Legal Form: �'Nec„. 's , 2011.
L. Brian rvaez -
Assistant City Attorney
for City Attorney
dy C OUNCIL
SECRE — t 4_
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Date: