HomeMy WebLinkAboutC2016-563 - 9/20/2016 - Approved BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT
This Business Incentives Project Service Agreement ("Project Service Agreement") is
entered into between the Corpus Christi Business and Job Development Corporation
("Type A 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
Cl, 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 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 Type A Corporation's Board of
Directors ("Board");
WHEREAS, the Type A 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 August 17, 2015,
amended the Corporation's Guidelines and Criteria for Granting Business Incentives
("Type A Guidelines"), which the City Council approved on September 15, 2015;
WHEREAS, Section 501.073, Texas Local Government Code (formerly 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 Type A Corporation;
WHEREAS, Texas A&M University— Corpus Christi ("TAMUCC") has submitted a
proposal to the Type A Corporation for a $2,000,000 grant to be used by TAMU-CC for
expenses related to establishing the facilities for the new civil and industrial engineering
programs, including retrofitting and outfitting the laboratories currently used in TAMU-
CC's other engineering programs;
WHEREAS, the Type A Corporation and TAMU-CC have executed a business incentive
project agreement for establishing laboratories that will aid TAMU-CC in training citizens
for jobs in the local industry.
In consideration of the covenants, promises, and conditions stated in this Project
Service Agreement, the Type A Corporation and the City agree as follows:
2016-563 Page 1 of 3
9/20/16
Ord. 030961 446
TAMU-CC INDEXED
1. Project Service Agreement to Implement Business Incentives Agreement. This
Project Service Agreement between the City and the Type A Corporation is executed to
implement the Business Incentive Agreement for Job Training between the Type A
Corporation and TAMU-CC related to TAMU-CC establishing facilities for the new civil
and industrial engineering programs, including retrofitting and outfitting the laboratories
currently used in TAMU-CC's other engineering programs ("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 Type A Corporation.
b. The City Manager, or the City Manager's designee, shall perform contract
administration responsibilities outlined in the Business Incentive Agreement for
the Type A 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
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
Page 2 of 3
0057096c-c76a-4d37-81d1-091861cf5446
•
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
Margie C. Rose Dr. R. :ryan R I ey
City Manager " President
Date: V . fig ' l �O Date:
Attest:
1-3\r-Ck • ICIRebecca Huerta S ,
City Secretary sy COUNCIL
Sfr,RFTARv
APPROVED AS TO FORM:
7juiv-wA, 0_61A_Izted
Assistant City Attorney for
City Attorney
Date: S I lP
Page 3 of 3
0057096c-c76a-4d37-81d1-091861cf5446
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-129828
Corpus Christi Business and Job Development Corp
Corpus Christi,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/27/2016
being filed.
City of Corpus Christi Dat Ack wledged:,
nk
3 Provide the identification number used by the governmental entity or state agency to track or identify the c ntra t,and provide a
description of the services,goods,or other property to be provided under the contract.
XXXX
TAMU-CC Project Service Agreement
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Corpus Christi Regional EDC Corpus Christi,TX United States X
Culbertson, Mike Corpus Christi,TX United States X
City of Corpus Christi Corpus Christi,TX United States X
Sanchez,Constance Corpus Christi,TX United States X
Trujillo,Lee Corpus Christi,TX United States X
Maldonado,Randy Corpus Christi,TX United States X ,
Braselton, Bart Corpus Christi,TX United States X
Guerra,Gabe Corpus Christi,TX United States X
Gulley, R.Bryan Corpus Christi,TX United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
a ° P �'.•.. FiONIQUE TAMEZ LERMA /�'
2.:
' Notary Public
'.'•., .% STATE OF TEXAS
,.,,-.,; ,e: MyComm, Exp, 01-23-2017 Sin re of authori d agent of contra in business entity
EOFZ,„ P 9 9 9
AFFIX NOTARY STAMP/SEAL ABOVE �► 1,�
Swor to3nd subscribed before me,by the said O. i' 1 601t-ei ,this the 14 day of► lW
20 ,to certify which,witness my hand and seal of offic
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Signat a of officer admini "e"ng oath Printed name officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277