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Home My WebLink AboutPR 21272: EDC, AGREEMENT WITH LAMAR STATE COLLEGE PORT ARTHUR, TUITION REIMBURSEMENT FOR FIVE (5) RESIDENT HIGH SCHOOL GRADUATES ATTENDING A 2-YEAR ASSOCIATE DEGREE PROGRAM Interoffice MEMORANDUM To: Mayor, City Council, City Manager From: Floyd Batiste, CEO Date: January 29, 2020 Subject: P.R.No. 21272; Council Meeting of February 4, 2020 ATTACHED IS PROPOSED RESOLUTION NO. 21272 AUTHORIZING A TRAINING AGREEMENT BETWEEN THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND LAMAR STATE COLLEGE PORT ARTHUR FOR TUITION REIMBURSEMENT FOR FIVE (5) PORT ARTHUR RESIDENT HIGH SCHOOL GRADUATES ATTENDING A 2-YEAR ASSOCIATE DEGREE PROGRAM IN AN AMOUNT NOT TO EXCEED $67,500; FUNDS AVAILABLE IN ACCOUNT NO. 120-1429-582.59-07. P.R. No. 21272 1/29/2020 KVM RESOLUTION NO. A RESOLUTION AUTHORIZING A JOB TRAINING PROGRAM AGREEMENT BETWEEN THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND LAMAR STATE COLLEGE PORT ARTHUR FOR ELIGIBLE PORT ARTHUR RESIDENTS ENROLLED IN A 2-YEAR ASSOCIATES DEGREE PROGRAM, IN AN AMOUNT NOT TO EXCEED $67,500; FUNDS AVAILABLE IN EDC ACCOUNT NO. 120-1429-582.59-07 WHEREAS, the Board of Directors of the City of Port Arthur Section 4A Economic Development Corporation ("PAEDC") has found that supporting Port Arthur to obtain training through Associate Degree programs helps to decrease the unemployment rate in the City of Port Arthur; and WHEREAS, Lamar State College Port Arthur ("LSCPA") offers numerous 2-year Associate Degree programs; and WHEREAS, the guidelines of the program have been established by the PAEDC Board of Directors to determine eligibility of award recipients,and sets forth the roles and responsibilities of LSCPA and PAEDC; and WHEREAS,PAEDC will allocate a total of$67,500 for eligible students or$13,500 each for a total of five (5) students; and WHEREAS, House Bill 1967 amends the Texas Local Government Code by adding §501.163 which authorizes expenditures for pre-employment training by PAEDC; and WHEREAS, the PAEDC's Board of Directors has determined that it meets the requirements set forth in §501.163 because the corporation is included in a metropolitan statistical area of Texas that has, an unemployment rate that averaged at least two percent above the state average for the most recent two consecutive years for which statistics are available. A copy of this data is attached hereto as Exhibit"A"; and WHEREAS, §501.163 (b)provides that a corporation may spend tax revenue received under this subtitle for job training that consists of: (1) providing job-related life skills sufficient to enable an unemployed individual to obtain employment; and (2) providing job training skills sufficient to enable an unemployed individual to obtain employment; and WHEREAS, §501.163 (c)provides that a corporation to which this section applies may contract with any person to provide the job training authorized under this section; and WHEREAS, the PAEDC Board of Directors has created program guidelines attached hereto as Exhibit"B" that establish the criteria for its program consistent with §501.163; and WHEREAS, at their December 2, 2019 regular Board meeting, the PAEDC Board of Directors approved a Training Agreement with LSCPA attached hereto as Exhibit"C"for a tuition reimbursement for five (5) Port Arthur resident high school graduates attending a 2-year associate degree program in an amount not to exceed $67,500. 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 the City Council approves PAEDC execution of a Training Agreement with Lamar State College Port Arthur for tuition reimbursement for five (5) Port Arthur residents enrolled in a 2-year Associate Degree program in an amount not to exceed $67,500 based upon the criteria set forth in §501.163 of the Texas Local Government Code. Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. EAD,ADOPTED AND APPROVED on this day of A.D., 2020, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: #1707773 Page 2 Mayor Councilmembers NOES: Thurman Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED: Floyd Batiste, PAEDC CEO APPROVED AS TO FORM: Guy N. Goodson, PAEDC Attorney APPROVED AS TO FORM: Valecia R. Tizeno, City Attorney APPROVED AS TO AVAILABILITY OF FUNDS: Kandy Daniel Interim Finance Director fl 707773 Page 3 EXHIBIT "A" SOUTHEAST TEXAS AREA LABOR FORCE DATA Year Ago December 2018 Area Area Type Labor Force Employment Unemployment Unemployment Rate 1 Texas State 13,975,415 13,473,628 i 501,787 3.6% 1 Beaumont-Port Arthur MSA 177,127 167,065 10,062 5.7% I I South East Texas 11 WDA 1 171,817 162,106 ' 9,711 5.7% Hardin County 25,591 24,362 1,229 4.8% Jefferson County 108,740 102,237 I 6,503 6.0% Newton County 5,310 4,959 351 6.6% Orange County 37,486 35,507 1,979 5,3% Beaumont City 52,320 49,635 2,685 5.1% Port Arthur City 22,539 20,479 2,060 9.1% SOUTHEAST TEXAS AREA LABOR FORCE DATA Latest Month December 2019 IUnemployment Area Area Type Labor Force Employment i Unemployment Rate i Texas State 14,228,471 13,758,042 1 470,429 3.3% 1 Beaumont-Port Arthur MSA 177,467 167,830 9,637 5.4% 1 I South East Texas WDA 172,135 162,833 9,302 5.4% Hardin County 25,624 24,476 1,148 i4.5% Jefferson County 108,988 102,713 6,275 5.8% Newton County 5,332 4,997 335 6.3% 1 Orange County 37,523 ' 25,644 i 1,879 5.0% Beaumont City 52,354 49,866 2,488 4.8% 1 Port Arthur City 22,536 20,574 1,962 8.7% Bureau of Labor Statistics Data Page 1 of 5 An official website of the United States government Here is how you know v United States Department of Labor U,S. BUREAU OF LABOR STATISTICS Databases, Tables & Calculators by Subject Change Output Options: From: 12017[v.i To: 2019 RI include graphs I include annual averages More Formatting Options Data extracted on: January 20, 2020 (5:39:27 PM) Local Area Unemployment Statistics Series Id: LAUMT481314000000003 Not Seasonally Adjusted Area: Beaumont-Port Arthur, TX Metropolitan Statistical Area Area Type: Metropolitan areas State/Region/Division: Texas https://data.bls.gov/pdq/SurveyOutputServlet 1/20/2020 Bureau of Labor Statistics Data Page 2 of 5 labor force 179,000 178,000 177,000 176,000 175,000 �t� .7\ / 174,000 173,00. 01/17 04/17 07/1710/17 01/18 04/19 07/1810/18 01/19 04/19 07/1910/19 Month employment 170,000 167,500 •1 165,000 ` 162,50, �-•.,: 01/17 04/17 07/1710/17 01/18 04/18 07/1810/18 01/19 04/19 07/1910/19 Month unemployment 15,000- 12,500- r%„� 10,000- ,./\\\ 7,500- 01/17 04)1707h7 10%17 01/18 04/19 07)1810/18 01%19 04/19 07!1910%19 Month haps://data.bls.gov/pdq/SurveyOutputServlet 1/20/2020 Bureau of Labor Statistics Data Page 3 of 5 unemployment rate 82\ 1 or r 6- \ .r\ /I\ , '...."\ 1/2 j \ ... 5- \--' 01/17 04/17 07;1710h 7 01/18 04/19 07%1810/18 01/19 04%19 07;1910/19 Month Download: a .xlsx Year , Period labor force'employment unemployment: unemployment rate; 12017 Jan 176629 162196, 14433 8,2. 2017, Feb 177565 164266 13299 7.5 12017;Mar- 177160,- -164696 12464 • 7.0 •2017 ,Al:'r - 176291, _- 164536 - 11755 6.7 ,2017'May 175067 i 163724, 11343, 6.5 017 Jun 175329; 163249 12080. 6.9 2017'Jul 175237' 163165 12072 6.9 i 2017,Aug 173303; 161035 12268 7.1 •2017 ; Sep 176061' 161423 14638 8.3 2017 'Oct -174468' - 162726 11742' 6.7 2017 Nov 174770; 162967' 11803 6.8 2017 ,Dec 174397; 162308 12089 6.9' 2017.Annual 175523. 163024 12499 7.1 2018 Jan 176508 163372 13136 7,4 2018 •Feb 177667 165614' 12053' _ 6.8 2018 Mar 175983: 164572 11411. 6.5 2018,Apr 175961, _165519 1 - 10442 - 5.9 2018 May 175462; 165581, 9881 __. - - - - 5.6 ,2018 i Jun_ 175942. 164909• 11_033 6.3 ' '2018 Jul 175331' T 164274 11057 6.3, 2018 'Aug 174489, 163672 10817. 6.2 2018 Sep 176073: 166132 9941 5.6 •2018 'Oct 177316, 168242 9074 5.1 2018 Nov 176834 167684 9150 5.2 •2018 Dec 177127, 167065 10062 5.7 2018 1 Annual 176224' 165553' 10671• 6.1 . 20191Jan 177575; 1658871 11688 6.6 (2019 'Feb 178580 167975 10605• 5.9 2019 Mar 177193, 167864 9329 5.3 2019 Apr 175846' 167906 7940 4.5 ,2019 May 175107 167166, 7941 4.5 P:Preliminary. haps://data.bls.gov/pdq/SurveyOutputServlet 1/20/2020 Bureau of Labor Statistics Data Page 4 of 5 - Year i Period labor force'employment, unemployment unemployment rate 17654i - F 9856J___ — 5.6 2019.Jul 176271 i 165671 10600 6.0 2019;Aug 175306 165011 10295 5,9 2019 'Sep 177084; 167747 9337 5.3 2019 Oct 178164 169337. 8827. 5.0 2019 : Nov 177867(P) . 168653(P _— — -- ! _— _._. ) 9214(P) 5.2(P) P:Preliminary. Home Subjects Data Tools Publications Economic Releases Students Beta U.S. BUREAU OF LABOR STATISTICS slim...kite Postai Square Building '110111Mmilmv 2 Massachusetts Avenue NE MEM Washington, DC 20212-0001 AlIV 'MI Telephone:1-202-691-5200 P ' Federal Relay Service:1-800-877-8339 www.bts,gov Contact Us INFO RESOURCES ABOUT THIS SITE https://data.bis.gov/pdq/SurveyOutputServlet 1/20/2020 Bureau of Labor Statistics Data Page 5 of 5 Connect With BLS ty 0 as https://data.bls.gov/pdq/SurveyoutputServiet 1/20/2020 Bureau of Labor Statistics Data Page 1 of 5 An official website of the United States government Here is howyou know v 14 United States Department of Labor U.S. BUREAU OF LABOR STATISTICS Databases, Tables & Calculators by Subject Change Output Options: From: 120171%,f To: 120191 v j WI include graphs II include annual averages More Formatting Options•• Data extracted on: January 20, 2020 (5:37:10 PM) Local Area Unemployment Statistics Series Id: LASST480000000000003 Seasonally Adjusted Area: Texas Area Type: Statewide State/Region/Division: Texas https://data.bls.gov/pdq/SurveyOutputServlet 1/20/2020 Bureau of Labor Statistics Data Page 2 of 5 labor force 14,200,000- 14,000,000- 13,800,000- 13,800,000- 01/17 04/17 07/1710/17 01;1804;18 07!1810118 01;190419 07/1910!19 Month employment 13,600,000- 13,400,000- 13,200,000- 13,000,000- ./ 12,800,000- 01/17 04!17 07%1710/17 01;1804;18 07!1810/18 01%19 04%19 07;1910/19 Month unemployment 650,000- 600,000- 50,000-600,000- . • 550,000- 500,000- 01/1704h 50,000-500,000-01/1704h 707h 7 10/17 01;1804h8 07%1810%18 01)1904h9 07h 9101/19 Month https://data.b1s.gov/pdq/SurveyoutputServlet 1/20/2020 Bureau of Labor Statistics Data Page 3 of 5 unemployment rate 4,5-' 4 `„'---N. \ 3.5- N 01/17 04/;.7 07/17 10117 01/18 04/18 07)1810118 01/19 04/19 0711910)19 Month Download: Q;.xlax Year 'Period labor force employment,unemployment' unemployment rate 2017 Jan I 13488551' 12846734 641817, 4.8 2017 Feb 13507229 12872949 634280 4.7, 2017 ' Mar 13522807 12899983' 622824 4.6, :2017'Apr I 13536933 12928037; 608896. 4.5 12017`May 1 13551717 12958215! 593502: 4.4. . 2017 Jun , 13568841 12989592 579249 4.3 2017 Jul 13589466 13021234° 568232_ 4.2 2017'Aug 13612099 13051525 560574 r 4.1 •2017 Sep 13636011 13079993 556018 1 4.1i 2017'Oct 1 13661247 13106814 554433: 4.1 2017 Nov 13686815 13131275 555540• 4.1 2017 Dec ? 13712021 13154644' 557377 4.1 '2018 ,Jan 13737417, 131786871 558730, 4.1; 2018'Feb 13763680 13204791. 558889 ; _ 4.1 2018 'Mar 13788202 13231818' 556384: 4.0 2018 ,Apr 13805601 13255447' 550154 i 4.0 I '2018 May 13815721 132741431 541578 3.9 2018 'Jun 13823795 13291680; 532115, 3.8 '2018 :Jul 13838916_ - 13315696 i - - -523220' _ 3.8/ 12018 .Aug 13860971 13344054 l 516917 3.7 2018'Sep 13888924. 13375183 513741 3.7' 2018 'Oct 13914226 . 13400940. 513286' 3.7 2018 Nov 13921637 134064121 515225 3.7 2018 ' Dec 13920780 13404409; 516371• 3.7, 2019 Jan- 13955980• 13430550 - - 525430' 3.8 . 2019, Feb ! 13988761 . 13458757' 530004 3.8i 2019 • Mar i 14010322 13484234, 526088' 3.8 12019'Apr 14015309, 13502182, 513127• 3.7 !2019 May I 14012711- 135163871 _ 496324' 3.5 , 2019 Jun 14014743 13532128, 482615. 3.4 '2019iJul 14018764 13542973. 475791: 3.4 I P:Preliminary. https://data.bls.gov/pdq/SurveyoutputServlet 1/20/2020 Bureau of Labor Statistics Data Page 4 of 5 Year Period_ ' labor force employment•unemployment'unemployment rate ' -2-6191 Aug j 140322891 -----145-6-64Y8 135604281 471861 t _ 3.4 •2019'Sep 14055795 13584723: 471072' 3.4 i 2019'Oct 14099774 13621795. 477979' 3.4, 2019 Nov_ _, 14148367(P) 13662332(P)' 486035(P) ' 3.4(P) P: Preliminary. — --— _ __ ---_ --- – Home Subjects Data Toots Publications Economic Releases Students Beta U.S.BUREAU OF LABOR STATISTICS ,iimispoto Postal Square Building Nommommr, 2 Massachusetts Avenue NE 11111•111111 Washington,DC 20212-0001 Telephone:1-202-691-5200 Ai' N Federal Relay Service:1-800-877-8339 www.bls.gov Contact Us INFO RESOURCES ABOUT THIS SITE What's New Inspector General (0IG) Sitemap FAQs Budget and Performance Freedom of Information Act https://data.bls.gov/pdq/SurveyOutputServlet 1/20/2020 Bureau of Labor Statistics Data Page 5 of 5 Connect With BLS N` 0 u https://clata.b1s.gov/pdq/SurveyOutputServlet 1/20/2020 EXHIBIT " B " Port Arthur Economic Development Corporation LSCPA Scholarship The Port Arthur Economic Development Corporation (PAEDC) has a tuition fund available for five (5) graduating high school seniors who plan to attend Lamar State College Port Arthur (LSCPA). Applicants must have a minimum Grade Point Average (GPA) of 2.5 on a 4.00 scale and want to pursue an associate degree in the following programs through LSCPA: - Drafting - Heating, Ventilation, & Air Conditioning - Instrumentation Technology - Medical Coding Specialist - Medical Office Administration - Process Technology - Surgical Technology - Nursing Scholarship requirements: 1. Any graduating high school senior who is a Port Arthur resident continuing his/her education in a college program at LSCPA, with a current minimum of a 2.5 GPA 2. The scholarship will be in the amount not to exceed $13,500 that will be distributed in up to eight (8) segments over the course of a two- year college program. These distributions are limited to four per year. (Spring, Fall, Summer 1 & 2) - The first distribution will be rewarded upon receipt of a letter of acceptance received by LSCPA and proof of full time enrollment. - The remaining distributions are dependent on the student being enrolled full time per semester and successfully maintaining, at a minimum, a cumulative GPA of 2.5. Grades received for each semester must be submitted to PAEDC as proof before the next disbursement of the award will be given. - Monies not rewarded due to ineligibility will remain the property of PAEDC. If a recipient leaves LSCPA and there are scholarship funds remaining, LSCPA shall return the balance of the PAEDC Scholarship Award. 3. Scholarship applications should be submitted in the spring of each year. Specific time windows when applications are being accepted will be communicated to the school's guidance counselor and on PAEDC's website. PAEDC will additionally run an announcement of the scholarship application period on the city's television broadcast, Channel 4. Parents are urged to encourage their children to apply for the scholarship. 4. If scheduling allows, the recipients will be announced at their high school's Awards Banquet, Graduation or equivalent. 5. This scholarship can be used for tuition, books, laboratory fees, and other academic costs and miscellaneous fees. 6. Scholarship checks will be sent directly to the LSCPA Financial Aid Offices. 7. If a scholarship winner must delay their education for any reason, the recipient must contact the PAEDC in writing as soon as possible. The scholarship will be held up to one year from the date PAEDC has been notified of the delay. After that time, the PAEDC will have the discretion to continue holding or to withdraw the scholarship award as they see fit. All Port Arthur Seniors who are interested can obtain applications from their high school counselors or the PAEDC. The deadline for submitting applications is April 30, 2020. For additional information contact: The Port Arthur Economic Development Corporation (409) 963-0579 Instructions for Submitting the Scholarship Application 1. The entire application must be completed for consideration by the Tuition Fund Committee. 2. Type or neatly print all information. 3. Attach a one-page essay described in Section III of this application. 4. Sign and date the last page. 5. Have the guidance counselor sign and date the last page, verifying TSI/ SAT scores, class rank, and cumulative high school grade point average 6. Provide high school transcript. 7. Hand deliver or mail to the Port Arthur Economic Development Corporation, Attn: Krystle Muller, 501 Procter St., Ste. 100, Port Arthur, TX 77640. 8. All applicants will be reviewed, and the finalists will be called for an interview. Port Arthur Economic Development Corporation Lamar State College Port Arthur Scholarship Application Section I: Personal Information NAME (LAST, FIRST AND MIDDLE INITIAL) PERMANENT MAILING ADDRESS (STREET, CITY,STATE, ZIP CODE) HOME PHONE NUMBER (INCLUDING AREA CODE) EMAIL ADDRESS YEAR OF GRADUATION FROM HIGH SCHOOL NAME OF FATHER/GUARDIAN (LAST, FIRST AND MIDDLE INITIAL) NAME OF MOTHER/GUARDIAN (LAST, FIRST AND MIDDLE INITIAL) INCOME RANGE OF FAMILY E LESS THAN $50,000/YEAR E $50,000/YEAR OR MORE NUMBER OF COLLEGE STUDENTS IN THE FAMILY THE NEXT SCHOOL YEAR (NOT INCLUDING SELF) HAVE YOU COMPLETED YOUR APPLICATION TO LAMAR STATE COLLEGE PORT ARTHUR HAVE YOU BEEN ACCEPTED TO LAMAR STATE COLLEGE PORT ARTHUR OTHER INSTITUTIONS WHERE YOU HAVE APPLIED AND/OR BEEN ACCEPTED INTENDED PROFESSION/CAREER SAT (VERBAL/MATH)/ TSI SCORES NAME OF HIGH SCHOOL CUMULATIVE HIGH SCHOOL RANK (STATE TOTAL HIGH SCHOOL CLASS SIZE) -_ CUMULATIVE HIGH SCHOOL GRADE POINT AVERAGE Section II: Activities NAME OF SCHOOL YEAR IN MAJOR OFFICE HELD/ MOST SIGNIFICANT EXTRACURRICULAR WHICH YOU HONORS RECEIVED CONTRIBUTION ACTIVITY PARTICIPATED IN SPONSORED BY HIGH THIS ACTIVITY SCHOOL Examples: Academic Clubs, Musical Groups, Sport Teams, etc. WORK EXPERIENCE EMPLOYER POSITION SPECIFY IF DURING AVERAGE HOURS SCHOOL YEAR OR PER WEEK SUMMER COMMUNITY ACTIVITY/VOLUNTEER WORK I ORGANIZATION ACTIVITY SPECIFY IF DURING AVERAGE HOURS SCHOOL YEAR OR PER WEEK SUMMER NAME ANY OTHER SCHOOL YEAR DESCRIBE WHAT YOU DID TO EARN SPECIAL RECEIVED RECOGNITION RECOGNITION, ACADEMIC HONOR, OR SPECIAL ACHIEVEMENT YOU HAVE RECEIVED Section III: Essay Attach an essay to this application. The document should be approximately 500 words, double-spaced in 10 to 12 point font. (Applications submitted without an essay will not be considered) Describe why you deserve the PAEDC Scholarship. Discuss why you chose your field of study, what your objectives are, and how a higher education will help you to further realize your goals. The foregoing facts and the attached essay are true to the best of my knowledge. Student Signature Date Guidance Counselor Signature Date EXHIBIT ""C" #1707773 Page 4 TRAINING AGREEMENT BETWEEN CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND LAMAR STATE COLLEGE PORT ARTHUR RECITALS WHEREAS, The City of Port Arthur Section 4A Economic Development Corporation ("PAEDC") Board has found that supporting students in Port Arthur through two (2) year associate degree programs helps to decrease the unemployment rate in the City of Port Arthur. WHEREAS, Lamar State College Port Arthur ("LSCPA") offers numerous two year associates degree programs(the"Program"). WHEREAS, PAEDC will establish a committee made up of PAEDC representatives and LSCPA representatives to create program guidelines which will establish criteria for recipient award qualifications and establish which degree programs are eligible. WHEREAS,after the Committee determines eligibility, LSCPA will invoice PAEDC for cost associated with the degree program and PAEDC will make payment. WHEREAS, PAEDC will allocate a total of $67,500 for eligible students or $13,500 each for a total of five(5)students. NOW THEREFORE, IN CONSIDERATION of the recitals set forth above which are incorporated in this Agreement as fully set forth below and in consideration of the additional and mutual promises, covenants, conditions and agreements set forth in this Agreement and other good and valuable consideration, the sufficiency of which is hereby acknowledged by each party, LSCPA and the PAEDC agree as follows: AGREEMENT DATES AGREEMENT START DATE 1. This Agreement ("Agreement") is entered into with an effective date of AGREEMENT END DATE 2. This Agreement expires on PARTIES 3. PAEDC located at 501 Procter, Port Arthur, Texas 77640, is a not for profit corporation. It is duly authorized to do business in the State of Texas under Section 4A, Article 5190.6 V.T.C.A. (the Development Corporation Act of 1979), its Board of Directors has approved this Agreement, and this Agreement has been duly authorized by Resolution of the City Council of the City of Port Arthur. As so authorized and as provided by the PAEDC bylaws, the President and Secretary of the PAEDC Board have the authority to execute this Agreement. 4. Lamar State College Port Arthur, 1500 Procter Street, Port Arthur,Texas 77640. CONDITIONS PRECEDENT 5. This Agreement has no legal consequences unless and until both the Board of Directors of the PAEDC and the City of Port Arthur City Council approve this Agreement in its final form. PROMISED PERFORMANCE 6. The parties agree to perform as follows: (a) PERFORMANCE BY LSCPA (1) Funding in the amount of$67,500 is allocated to LSCPA subject to the approval of the City. LSCPA will provide the following services: a. Work with PAEDC to identify eligible students pursuant to the Program Guidelines attached hereto as Exhibit "A". b. Provide invoices to PAEDC for cost associated with degree program. c. Provide PAEDC with reports on the students. (b) PERFORMANCE BY PAEDC (1) PAEDC shall submit payment in an amount not to exceed $13,500 per student after receipt of an invoice. (2) PAEDC shall allocate a total of$67,500 to the Program. PAEDC'S CONDITIONAL OBLIGATIONS AND LIMITED LIABILITY 7. The PAEDC or the City, at its sole option, may terminate this Agreement for nonperformance or failure to comply with the terms of this contract. In the event of such 41592079 Page 2 termination by the PAEDC, the PAEDC may, at its sole option, immediately cease all further funding, if any, required by this Agreement and the PAEDC shall not be liable to LSCPA or to any third parties for failure to make payments to LSCPA under the terms and conditions of this Agreement. 8. The PAEDC's sole liability/obligation shall be to LSCPA and shall be limited to the funding for the Programs detailed in this Agreement. The PAEDC shall not be liable, in contract or otherwise, for any expense, expenditure or cost incurred by or on behalf of LSCPA related to the Programs except as set forth in this Agreement. RECORDS/INSPECTION/PAEDC AUDIT 9. All records pertinent to this Agreement shall be retained by LSCPA. 10. Upon written request, LSCPA shall provide PAEDC with all reports reasonably necessary for PAEDC compliance with the Development Corporation Act of 1979 (Article 5190.6 V.T.C.A.) and Chapter 504, Local Government Code. CHANGES AND AMENDMENTS 11. Any alterations, additions, or deletions to the terms of this Agreement shall be by amendment in writing and executed by all parties to this Agreement and approved by the PAEDC. 12. Any alterations, additions, or deletions to the terms of this Agreement which are required by changes in Federal, state or local law are automatically incorporated into this Agreement without written amendment hereto, and shall become effective on the date designated by such law or regulation. DEFAULT/TERMINATION 13. In the event of default of any of the obligations of LSCPA detailed herein, the PAEDC may, at its sole and exclusive option, withhold and/or disallow further PAEDC payments or incentives to LSCPA. 14. In addition to the foregoing, the PAEDC and LSCPA agree that this Agreement may be terminated at any time when both parties agree, in writing, to the terms and conditions of any such voluntary termination. ORAL AND WRITTEN AGREEMENTS/PRIOR AGREEMENTS 15. All oral and written agreements between the parties to this Agreement relating to the subject matter of this Agreement that were made prior to the execution of this Agreement have been reduced to writing and are contained in this Agreement. #1592079 Page 3 VENUE 16. For purposes of litigation that may accrue under this Agreement, venue shall be Jefferson County, Texas,where substantially all the performance will occur. ADDRESS OF NOTICE AND COMMUNICATIONS City of Port Arthur 4A Economic Development Corporation 501 Procter Port Arthur, Texas 77640 ATTN: Floyd Batiste, Chief Executive Officer Lamar State College Port Arthur 1500 Procter Street Port Arthur,Texas 77640 ATTN: CAPTIONS 17. This Agreement has been supplied with captions to serve only as a guide to the contents. The caption does not control the meaning of any paragraph or in any way determine its interpretation or application. ATTORNEY APPROVALS APPROVED AS TO FORM: Guy Goodson, Legal Counsel for PAEDC VERIFIED AS CONSISTENT WITH CITY COUNSEL RESOLUTION: Resolution Number: City Attorney #(592079 Page 4 AGREEMENT EXECUTION CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION SIGNED AND AGREED TO on the day of ,2020. By: By: President Secretary Witness Witness *1592079 Page 5 LAMAR STATE COLLEGE PORT ARTHUR SIGNED AND AGREED TO on the day of ,2020. By: Witness #1592079 Page 6