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Home My WebLink AboutC2016-677 - 10/18/2016 - 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, Sitel Inc ("Sitel") has submitted a proposal to the Type A Corporation for a $500,000 grant for the creation of 500 new jobs in their call center facility; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund Sitel's creation of 500 new jobs; and WHEREAS, the Type A Corporation and Sitel have executed a business incentives agreement for the creation of jobs related to Sitel's call center facility. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A 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 Type A Corporation is executed to implement the Business Incentive Agreement for the Creation of Jobs between the Type A Corporation and Sitel related to Sitel call center facility in Corpus Christi ("Business Incentive Agreement"). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the C2016-677 it. 10/18/16 Ord. 030991 Sitel Inc. ,9 Page 1 of 3 sr.ANMFn 3. Services to be Provided by City. a. The City Manager or designee shall administer funding on behalf of the Type A Corporation. b. The City Manager or 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 Council. 5. Effective Date. The effective date of this Project Service Agreement is the same date as the Business Incentive 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 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 remainder of this page intentionally left blank. Page 2 of 3 47852d50-Ocbf-48bd-9819-b405120e3729 The City of Corpus Christi Corpus Christi Business & Job Development Corporation lIg1/4") Margie C. R se Dr. ' Brya-rGulley City Manager President Date: 1/0 MLA' Date: Attest C (U-e-rtA Rebecca Huerta City Secretary Oir01 •A tio`i • • Approved as to Legal Form ..•••/•••••••••••••• ••••••••••• SF(RFTARV • CLuti:u..4 O - Aimee Alcorn-Reed Assistant City Attorney Page 3 of 3 47852d50-Ocbf-48bd-9819-b405120e3729 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. 2016-129846 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 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. XXXX Sitel 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 Guerra,Gabe Corpus Christi,TX United States X Braselton, Bart 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. '`PPV PUe MONIQUE TAME1 LERMA ► 1 4..� � Notary Public P :' STATE OF TEXAS ► `•.;rTs;Ev sE;P' My Comm. Exp. 01-23-2017 ► Signature authorized agent• contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE iftti Sworn to and subscribed before me,by the saidC,`..AX ,this the I day of 1411/a&L../ 20 11,4 ,to certify which,witness my hand and seal of offio Vvr l • SignaVe of officer adminis Q ng oat Printed name of cer administering oath Title of officer admin_ering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277