HomeMy WebLinkAboutPR 20342: EDC, ON-THE-JOB TRAINING CONTRACT WITH KLV VENTURES INC. Interoffice
MEMORANDUM
To: Mayor, City Council, City Manager
From: Floyd Batiste, CEO
Date: June 17, 2018 /
Subject: P.R. No. 20342; Council Meeting of July 31, 2018
ATTACHED IS PROPOSED RESOLUTION NO. 20342
AUTHORIZING THE CITY OF PORT ARTHUR SECTION
4A ECONOMOC DEVELOPMENT CORPORATION TO
ENTER INTO AN ON-THE-JOB TRAINING CONTRACT
WITH KLV VENTURES INC. FOR REIMBURSEMENT OF
50% OF THE TRAINING COST FOR PORT ARTHUR
RESIDENTS NOT TO EXCEED $17,500
P.R. No. 20342
7/11/2018 KVM
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION TO ENTER INTO AN ON-THE-JOB
TRAINING CONTRACT WITH KLV VENTURES INC. FOR
REIMBURSEMENT OF 50% OF THE TRAINING COST FOR
PORT ARTHUR RESIDENTS NOT TO EXCEED $17,500;
FUNDS AVAILABLE IN EDC ACCOUNT NO. 120-1429-582.59-
07
WHEREAS, at their regular meeting of June 4, 2018, the City of Port Arthur Section
4A Economic Development Corporation ("PAEDC") Board of Directors approved entering
into an On-the-Job Training Contract with KLV Ventures, Inc. ("KLV") to provide training
for commercial drivers Class A and B: and
WHEREAS, according to the On-the-Job Training Contract attached hereto as Exhibit
"A", KLV will identify up to seven (7) Port Arthur residents (the "Trainees") who qualify and
wish to be trained; and
WHEREAS, PAEDC will reimburse KLV fifty (50%) percent of the training hourly
wages upon the provision of proper documentation not to exceed $17,500: and
WHEREAS, PAEDC has allocated $17,500 for the reimbursement as specified in the
Contract attached hereto as Exhibit "A"; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That PAEDC is herein authorized to enter into the On-the-Job Training
Contract with KLV attached hereto as "Exhibit A".
Section 3. That PAEDC is authorized to allocate up to $17,500 of its training budget to
fund reimbursement to KLV for on-the-job training of Port Arthur residents according to the terms
set forth in the On-the-Job Training Contract attached hereto as Exhibit "A".
Section 4. That a copy of the caption of this Resolution be spread upon the Minutes of the
City Council.
READ,ADOPTED AND APPROVED on this day of A.D., 2018,
at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
Mayor
Councilmembers
•
NOES:
Derrick Freeman, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED:
Floyd Batis , PAED CEO
#1510022
Page 2
APPROVED AS TO FORM:
O
Guy N. Goodson, PAEDC Attorney
APPROVED AS TO FORM:
\cit.
Valecia R. izeno, ty Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
Andrew' asquez, Finance Director
aisiaozz
Page 3
EXHIBIT "A"
ARTHUR
• ':.�" O PORT*ARTHUR
.1►rOMi(: tll?V1.I.ui'MFtiT CORP OR,1TION
EMPLOYER PORT ARTHC R ECONOMIC DEl ELOPME.\T
CORPORATION
KLV Ventures, Inc.
]ddress: 4ddr ss:
501 Procter St.,Ste. 100
c'Iry,ST,Zip: City,STZip: Port Arthur,TX 77640
Lone: 832-434-7951 Fax: Phone: 409-963-0579 Fax: 409-962-4445
^onracr: Fred Vernon Contact: Krystle Muller
This contract is entered into between the Port Arthur Economic Development Corporation and the Employer: KLV
Ventures, Inc. This contract must be completed and approved by the CEO of the Port Arthur Economic Development
Corporation prior to the hiring of the listed Port Arthur Employees/Trainees.
The Employer agrees to hire the Port Arthur Employee/Trainee/s identified in this contract as a full-time regular
employee, and to provide training in the knowledge or skills essential to the full and adequate performance of the job
being trained for, as determined in the Training Information/Outline. In consideration for the extraordinary costs of
providing the training and additional supervision related to the training the Employer will be reimbursed at 50% of the
hourly rate not to exceed$2,500 per trainee.
The following terms and conditions will apply to this contract:
Port Arthur Employee/Trainee — This contract is to provide for the employment and/or training of the Port Arthur
Employees/Trainees identified in this contract. The Employer certifies that the Port Arthur Employees/Trainees were not
employed with the Employer prior to the start of the contract. Individuals funded under this contract will be provided
benefits and working conditions similar to those of other employees working similar length of time and doing the same
type of work. Former employees,relatives and in-laws of the employer are ineligible for enrollment under this contract.
Assurance of Non-Displacement—The Employer assures that:
• No employee has been dislocated from a job due to a relocation of the business. In the case of an employee
dislocation,at least 120 days will have elapsed since the date which the establishment commenced operations at the
new location. Currently employed workers will not be displaced by any trainee (including partial displacement
such as a reduction in hours of non-overtime work,wages or employment benefits).
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• In accordance with the type of work conducted by the employer, employees are retained as appropriate for
substantially equivalent jobs,and length of employment is appropriate.
• The employer has not terminated the employment of a regular employee or otherwise reduced it's workforce with
the intention of filling the vacancy by hiring a trainee whose wages are subsidized, or the job is created in a
promotional line that will infringe in any way on the promotional opportunities of currently employed individuals.
Health & Safety Standards — Employer will ensure that Health and Safety Standards established under Federal and
State law, protecting the working conditions of employees, is equally applicable to the working conditions of the Port
Arthur Employee/Trainee.
Drug Free Workplace — Employer will ensure that a drug-free workplace is provided as required by the Drug-Free
Workplace Act of 1998.
Worker's Compensation Insurance—Employer will provide the employee-trainee with Texas Worker's Compensation
Insurance or comparable insurance. If the insurance policy expires within the training period of Port Arthur
Employee/Trainee,the Employer should inform the Port Arthur Economic Development Board of its renewal prior to the
expiration date. Failure to report/update information may nullify this contract.
Workers Compensation (or comparable)Insurance Carrier: Local Agent(Adjuster)Agency:
Policy Number: Expiration Date: Phone Number:
Equal Opportunity — Employer must provide employment without regards to race, creed, color, national origin,
disability, sex, age,political affiliation or beliefs, as prescribed by title VII of the Civil Rights Act of 1964 and the Age
Discrimination Act of 1967.
Use of Funds — Funds provided under this contract will not directly or indirectly be used for political purposes; in
support of any religious or anti-religious activity;or to promote,assist,or deter union organization.
Collective Bargaining Agreements — Employer assures that no activities, work or training under the agreement are in
conflict with the terms and conditions of an existing collective bargaining agreement.
Fees—Neither Party to the contract may charge a Port Arthur Employee/Trainee a fee for the referral or placement of the
Port Arthur Employee/Trainee under this contract.
Hiring of Undocumented Workers - The employer has not and will not knowingly employ an undocumented worker
(defined as an individual who,at the time of employment,is not lawfully admitted for permanent residence in the United
States, or is not authorized under law to be employed in that manner in the United States) as detailed in Texas
Government Code, §2264.001(4)." If, after receiving a public subsidy, the entity is convicted of a violation under 8
United States Code §1324a(f) (relating to the unlawful employment of undocumented workers)the entity shall repay the
amount of the public subsidy with interest, at the rate provided under the contract issued pursuant to this offer or
application,within 120 days of receiving the notice of violation.
Time and Attendance Records — Employer must maintain original time/attendance records for each Port Arthur
Employee/Trainee for a period of at least 1 year or a longer period if any litigation or audit requires such.
Progress Reviews/Monitoring — the Port Arthur Economic Development Corporation representative will visit the
Employer work site during the training period to review and/or discuss employee progress.
Port Arthur Employee/Trainee Termination—In the event of problems with the Port Arthur Employee/Trainee,which
may lead to termination, the employer will initiate prompt communication with the Port Arthur Economic Development
Corporation representative. Termination of the Port Arthur Employee/Trainee prior to forty (40) hours of employment
(for any cause)will result in no reimbursement to Employer.
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Training Reimbursements—This contract is written on a cost reimbursement basis. Employer reimbursement is up to
50% of the Port Arthur Employee/Trainee's wages not to exceed $2,500 during the agreed upon time period: from the
date of execution to July 3L 2019. Reimbursement may not occur for paid holidays, overtime, sick pay, vacation pay,
or a period of leave. OJT/Subsidized Employment may not exceed 8 hours a day or more than 40 hours per week.
However, a trainee must work at least 40 hours during their first week of employment to qualify for reimbursement. If,
for any reason,a trainee works less than 40 hours in a work-week please notify EDC staff.
Billing Procedures— Payment to Employer will be made within thirty(30) calendar days upon receipt of employee
payroll report that includes the following information:
• Full name,address,social security number,employee number(if applicable),job title;
• Hourly wage paid during the training period;
• Total regular hours worked during the training period;and
• An evaluation of the trainee's progress according to training objectives.
By signing this agreement, I attest that I am an authorized official representing my respective party and will abide by
the terms of this agreement.
Port Arthur Economic Development Corporation Employer Representative
CEO Authorized Signature
Signature Date Signature Date
Typed/Printed Name Typed/Printed Name
Title of Program Agent Title of Authorized Representative
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