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HomeMy WebLinkAboutPR 15018: EDC/ON-THE-JOB TRAINING PROGRAMinteroffice MEMORANDUM To: Mayor, City Council, and City Manager From: Floyd Batiste, CEO of EDC Date: December 12, 2008 Subject: P. R. No. 15018; Council Meeting December 16, 2008 A Resolution authorizing an amendment to the program guidelines and contract for the "On-the-Job Training" Program sponsored by the City of Port Arthur Section 4A Economic Development Corporation. Attachment z.pr15018_memo P. RrNo. 15018 12/12/08 vt RESOLUTION NO. A RESOLUTION AUTHORIZING AN AMENDMENT TO THE PROGRAM GUIDELINES AND CONTRACT FOR THE "ON- THE;JO$. TRAINiNG" PROGRAM SPONSORED BY THE CITY. OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION WHEREAS, at its December 2, .2008 meeting, the City Council authorized Resolution Number 08-465, which allows the City of Port Arthur Section 4A Economic Development Corporation to implement an on-the-job training project; and WHEREAS, the purpose of the program is to provide reimbursements to employers to compensate for their extraordinary costs associated with skills upgrade training for full-time employees of the company; and WHEREAS, employers must complete and submit the OJT Program Application and once approved enter into a contract with PAEDC, which commits the business to completion of the OJT project; and WHEREAS, employers that qualify for the on-the job training project shall be reimbursed wages not to exceed $1,600.00 per trainee that is a Port Arthur resident (serving as a full-time employee) during the training period; and. WHEREAS, there is a need to amend the program guidelines and contract between the PAEDC and employers as delineated in Exhibit "A" of Resolution No. 08-465. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: z.pr15018• Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council authorizes an amendment to program guidelines and contract to be executed by employers for the City of Port Arthur Section 4A Economic Development Corporation on-the-job training project ,attached hereto as Exhibit "A'. Section 3. 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., 2008, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor NOES: Debris "Bobbie" Prince, Mayor ATTEST: Terri Hanks, Acting City Secretary APPROVED: Floyd Batiste, PAEDC CEO N663716 ~ Paget APPROVED AS TO FORM: ~l/ Cf.~ ~. ~lii_ i1„n.l~ Mark T. Sokol ;City Attorney / QN bPhACG ~F~ :663716 Page 3 EXHIBIT "A" ON-THE-JOB TRAINING PROGRAM 2008-2009 The On-The-Job Training (OJT) Program is funded by the Port Arthur Economic Development Corporation- Board of Directors and administered by the administrative staff of the Board. The purpose of the program is to provide reimbursements to employers to compensate for the employer's extraordinary costs associated with skills upgrade training for full-time employees of the company. PROGRAM INFORMATION OJT is defined as training. provided by an employer to a paid Port Arthur Resident that: • Provides knowledge or skills essential to the full and adequate performance of the job; and • Is limited to 25% of the wage rate not to exceed $1,600 per trainee OJT is indicated when specific employer needs can be better met through individualized training and when individual employers demonstrate the need to hire new employees and will commit to hire and train Port Arthur residents who may not meet their normal hiring requirements. Persons already employed are not eligible for OJT services. APPLICATION PROCESS Eligible Applicants: Applications for the 2008-2009 PAEDC On-The-Job Training Program are open to Port Arthur companies meeting the guidelines listed below. All applications are subject to a pre-award review by PAEDC CEO/Staff. BusinessApplying for Funding: • Must exhibit a desire to provide OJT to Port Arthur residents with continued long-term employment with wages, benefits, and working conditions equal to that of regular employees doing similar work for a similar length of time. • Must agree to certify the skills and abilities obtained by trainees who successfully complete the OJT program by issuing an industry recognized certificate: • Is not eligible to execute a contract until 60 days after.the commencement of operations of a relocating establishment, if the relocation resulted in the loss of employment for any employee at the original location. . Must be a business in qualified, targeted industries providing demand occupations. • Prefererices will be given to a business that provides for the creation or retention of primary jobs and that are found by the Board to be required or suitable for the development, retention, or expansion of manufacturing and industrial facilities, research and development facilities, transportation PAEDC-OTI'-202-08 facilities (including but not limited to airports, mass commuting facilities, and parking facilities}, sewage or solid waste disposal facilities, recycling facilities, air or water pollution control facilities, facilities for the furnishing of water to the general public, distribution centers, small warehouse facilities capable of serving as decentralized storage and distribution centers, primaryjob training facilities for use by institutions of higher education, and regional or national corporate headquarters. In addition, "Primaryjob" means a job that is: '(A) available ata company• for which a majority of the products or services of that company are ultimately exported to regional, statewide, national, or international markets infusing new dollars into the local economy; and, (B) included in one of the following sectors of the North American industry Classification System (NAILS): Sector # Description 111 Crop Production 112 Animal Production 113 Forestry and Logging 11411 Commercial Fishing 115 Support Activities for Agriculture and Forestry 211-213 Mining 221 Utilities 311-339 Manufacturing 42 Wholesale Trade 48-49 Transportation and Warehousing 51 (excluding 51213 Information (excluding movie theaters and dove-in theaters) 523-525 Securities, Commodity Contracts, and Other Financial Investments and Related Activities; Insurance Carriers and Related Activities; Funds, Trusts, and Other Financial Vehicles . 5413, 5415,. Scientific Research and Development Services 5416, 5417 And 5419 551 Management of Companies and Enterprises 922140 Correctionallnstitutions • Must provide On-The-Job training related to one of the following: o The introduction of new technologies o The introduction of new production or service procedures o Upgrading tq newjobs that require additional skills o Workplace Literacy o Other appropriate purposes as identified by the Economic Development Board l PAEDC-OJT-202-08 • Must demonstrate financial viability and must be current on all state tax obligations • Must have the personnel to provide adequate supervision and (raining • Must hire trainees prior to training, as regular full-time employees provided with same benefits as regular employees not in On-the-Job training. • Must, on satisfactory completion of training, retain trainees in the occupations for which they have been trained, without additional subsidy or financial assistance from Port Arthur Economic Development Corporation. • May not displace,. including a partial displacement, currently employed workers or impose on their promotional opportunities. Priority Will Be Given To: • Businesses in City of Port Arthur • Businesses in qualified targeted industries ,_ • Businesses whose proposals represent a significant upgrade in employee skills • Businesses whose proposals represent a significant layoff avoidance strategy • Businesses who commit to providing trainees with wage gains, promotions, and/or career paths to self-sufficiency, following successful completion of training.9 Application Instructions: Complete and submit the OJT Program Application. Any information or documentation that cannot be supplied in the provided space should be identified by the relevant question number and attached to the back. of the application form. Submit one original and fhree (3) copies of the signed completed application to: Port Arthur Economic Development On-The~Job Training Program Attention: Brenda Vaughn 4173 39th Street. - Port Arthur, TX 77642 CONTRACTING AND TRAINING A business approved for funds enters into a contract with Port Arthur Economic Development Corporation, which commits the business to completion of the OJT project as proposed in their application. Port Arthur Economic Development Board contracts ditectly with an employer who provides skills training through an OJT program using their own employees. On-The~lob Training Services: • Shall be provided for full-time employees. Training shall be provided for a minimum of 40 hours per week. Contract Requirements: • Employer must provide a list of specific skills that must be mastered to accomplish specific tasks required by one or more occupations, and a schedule of the training hours dedicated to each task; ' PAEDC-OJT-202-08 • Employer must provide a list of competencies that Port Arthur Residents are expected to achieve during OJT • Employer must provide a method of measuring Port Arthur Residents' competencies • Employer must provide the number of trainees they will hire and train • Employer must provide the base wage and identify benefits provided to OJT Port Arthur Residents. The wage and benefits must be equal to (hose provided to regular employees who have worked a similarlength of time and are doing the same type of work. • Insurance provisions 1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability- Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit; and 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage; and 3. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Texas Labor Code and Employers Liability limits of $1,000,000 per accident. • Non-Discrimination assurance • ADA compliance • Drug-Free workplace assurance Reimbursable On-The-Job Training F~cpenses: • Up to 25% of a trainee's hourly base wage for hours spent in On-the-Job Training for a period not to exceed $1,600 per trainee and not to exceed ten trainees per year. Non-reimbursable Costs for OJT: •-Wage reimbursements will not be based upon overtime, shift differential, premium pay and other ndn-regular wages, nor will the payments be based on such periods of time as illness, holidays, plant downtime, or other events in which no training occurs Reimbursements:. Payment for businesses receiving OJT reimbursements will be until the final report is submitted and all pertormance criteria specified in the contract have been achieved. • Reimbursement requests with required support documentation (evidence that trainees' wages have been paid by employer) will be submitted at the end of training period, to ensure timely reimbursement • Business will-certify that all information provided for the purpose of requesting reimbursements and reporting training activity is accurate and true. . Project Completion: PAEDC-OJT-202-08 . Employer must assure Port Arthur. Economic Development that, at the end of the OJT training period, any new hire Port Arthur Residents will. have skills leading to increased wages and or responsibilities. . Because of the high demand and limifed funding. available, all applications will be evaluated to leverage other State, Federal, and private funds with OJT funds. .All training projects shall be performance-based with specific measurable performance outcomes stated on the Training Information/Outline. PAEDC-OJT-2Q2-08 EXHIBIT "B" f. - 5 x f F' i" 12 '; s^ a - J/ n~xc~zm~r.-~arrsai; ;i~ri~t~;: . - >'.._ ~.': a ~' ~ .EMPLOYER ~ ~P©R~' ~-~ -'-_' /L~FIUR'tE'CONOMICDEhELOP~ZENT , _ . CORPORft`~70N ~~, ;. rtme: Name: ddres: - ddrers: iry, ST, Zip: 'ry, ST, Zip: / _ _ hone: Fax: hone: Fax: onNCJ: - n(acl: .~; ' < '~ - PORT ARTHUR EMP LOYEF/TRAINEE _ ame_ ~ ~ cujwlion: ~ Wage: Vamer ccupatton: S# Wage: ame: ccupnlian: S# Wage: ame: - ccupa(ian: # Wage: Name: rcupn(ion: S# Wage: ame: cupa(ian: ~ {Page: rtme.~ ccupafion: S# Wage' , ame: upafian: ~ Wage: This contract for on the job training (the "Contracf~ is effective as of the day of , 2008, and is entered into between the City of Port Arthur Section 4A Economic Development Corporation (the "PAEDC") and (the "Employer")_ This Contact must be executed and approved by the Director of Economic Development of the PAEDC prior to Employer hiring and receiving any payment for on the job training for the above listed Part Arthur Employee/Trainee(s). Employer agrees to hire the Port Arthur EmployeelTrainee(s) identified in this Contract as full-time regulaz employee(s), 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 on the job training progmai 2008-09 (the "Program") in accordance with the program guidelines attached hereto as Exhibit "A"and made a part hereof for all purposes. - In considemtion for the extraordinary costs of providing the on the job training and additional supervision related to the -- on the job training of the Port Arthur Employee/I'rainee(s), Employer will be reimbursed at 25% of-the Port Arthur Employee/I'rainee(s) hourly rate not to exceed total Program reimbursement per Port Arthur Employee~I'rainee(s) of $1,600. For and in consideration of the provision of training by Employer and the reimbursement by PAEDC, and PAEDC and Employer agree to the following terms and conditions: Port Arthur Employee/Trainee -This Contract is to provide for the employment and/or training of the Port Arthur Employee/I'rainee identified in this Contact. The Employer certifies that the Port Arthur Employee/Traince was not employed with the Employer prior to fhe start of the Contract. Individuals funded under this Contract will be provided benefits and working conditions similar to those of other employees working similaz 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. Prevailing Rage for Port. Arthur Employee/trainee -Employer must (i) create jobs to be met by Port Arthur EmpIoyee/I'rainee(s) at wages that aze not less than the prevailing wage for the applicable occupation in the Port Arthur labor mazk area for which the Port Arthur Employee/Trainee,is being trained; or Employer agrees to amend ifs payroll topay wages that aze equivalent to the prevailing wage for the applicable occupation in dre local labor mazket area for which the Port Arthur Employee/Trainee will be trained. Term of Contract -This Contract shall begin on the above-specified effecfive date, and all training for which Employer will be reimbursed shall be completed by September 30,2009. All contracts for on the job training services including this Contract entered into between PAEDC and Employer shall provide for on the job training funds not to exceed $75,000 for PAEDC fiscal year 2008-09. 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 ofnon-overtime work, wages or employment benefits). • 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 regulaz 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. some-orrac6sszs ~ ~z Health & Safety Standards -Employer will ensure that Health and Safety Standazds established under Federal and State law, protecting the working conditions of employees, is equally applicable to the working conditions of the Port Arthur Emplbyee/I'rainee. .Drug Free Workplace -Employer will ensure that a dmg-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/frainee, the Employer should inform the Port Arthur Economic Development Boazd of its renewal priorto the expiration date. Failure toreport/update infonmation may nullify this Contract. Workers Compensation (or comparable) Insurance Carrier: Local Agent (Adjuster) Agency.• Expiration Date: - ~ Pone Number: - Equal Opportunity -Employer must provide employment witfiout regazds 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 rehgious or anti-religious activity; or to promote, assist, or deter union organizafion. Collective Bargaining Agreements -Employer assures that no activities, work or training under this Conhact aze in conflict with the terms and conditions of an existing collective bargaining agreement. Fees -Neither Party to the Contract may chazge a Port Arthur EmployeelTrainee afee 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 mte provided under the Contract issued pursuant to this offer or application, within 120 days of receiving the notice of violation. Records, Manitoring/PAEDC Audit -Employer must maintain original time/attendance records for each Port Arthur Employee/I'rainee for a period of at least I yeaz or a longer period if any litigation or audit may require and as here specified The Port Arthur Economic Development Corporation representative will visit the Employer work site during the training period to review and/ordiscuss employee progress. Employer must establish and maintain sufficient records, as reasonably determined by the PAEDC, to account for the expenditure and utilization of funds received by Employer from PAEDC under the teens and conditions of this Contract. Employer shall maintain records of the receipt and disposition of all funds provided hereunder as necessary to allow the PAEDC to audit and verify proper utilization of said funds in compliance with this Contract and the representations and warranties contained herein. Employer shall provide reports of utilization of said funds, as reasonably requested by the PAEDC, and upon termination of this Contract Upon tenday (10-day) advance notice, Employer shall give the PAEDC, or any of its duly authorized representatives, access to and right to examine all books, accounts,. records, reports, files and other papers, things or property belonging to or in use by Employer. Such rights to access shall continue as Iong as the records aze maintained by Employer. Employer agrees to maintain such records in an accessible location. All information obtained by the PAEDC,, or its PAEDC-0Rtl663525 _ Pagr3 duly authorized representafives, shall be regarded as the confidential business information of Employer and the PAEDC shall take reasonable measures to protect such infdmuttion from disclosure to third parties; however, PAEDC is subject to the requirements of the Texas Open Meetings Act and Open Records Act (Tex. Gov. Code, 551 & 552). Employer agrees that disclosures to the public required by the Texas Open Meetings Act, Texas Open Records Act, or any other legal requirement will not expose PAEDC (or any party acting by, through or under PAEDC) to any claim, liability or action by Employer (or any party working by, through or under). All records pertinent to this Contract shall be retained by Employer at least one yeaz following the date of temrination of this Contract, whether said terminaion is a result of default or whether said termination is a result of a final report by Employer detailing its compliance with its obligations under this Contract. Further, in the event any Iitigation, claim or audit arising out of or related to this Contract is instituted, the records will be maintained until all litigafion, claims or audit fmdings involving this Contract have been resolved. Employer shall. provide PAEDC with all reports necessary for PAEDC compliance with the Development Corporation Act.... . Tt is expressly understood and agreed by the parties hereto that if Employer fails to submit to PAEDC in a timely and satisfactory manner any report required by this Contract, PAEDC may, at its sole discretion, withhold further payments to Employer and/or demand assurances that Employer can and will fully perform its conhactual obligations. L` Employer fails to provide adequate assurances then Employer is in breach of this Contract If PAEDC withholds such payments, it shall notify Employer. in writing of its decision. Payments withheld pursuant to this pazagraph may be held by PAEDC until such time as the delinquent obligations for which funds are withheld are fulfilled by Employer. The PAEDC reserves the right, from time to time, to carry out field inspections/audits to ensure compliance with the requirements of this Contract. After completion of any such audit, the PAEDC may provide Employer with a written report of the audit findings. If the audit report details deficiencies in its performance under the terms and conditions of this Contract, the PAEDC may establish requirements for the timely correction of any such deficiencies by Employer: 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. Temaination of the Port Arthur Employeeli'rainee prior to forty (40) hours of employment (for any cause) will result in no reimbursement to Employer. Training Reimbursements -This Contract is written on a cost reimbursement basis. Employer reimbursement is up to 25% of the Port Arthur Employee/Trainee's wages not to exceed $1,600 during the agreed upon training period. Reimbursement may not occur for paid holidays, overtime, sick pay, vacation pay, or period of leave. OJT/Subsidized Employment may not exceed 8 hours a day or more than 40 hours per week. Billing Procedures - Payment to Employer will be made within thirty (30} calendaz 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 regulaz hours worked during the training period; and • An evaluation of the trainee's progress according to training objectives. PAEDC's Condifional Obligations and Limited Liability -The PAEDC funding obligations herein aze contingent upon the actual receipt of adequate sales tax revenue funds to meet the PAEDC's liabilities under this Contract. If adequate funds are not avai]able to make payments under this Contract, the PAEDC shall notify Employer in writing within a reasonable time after such fact is reasonably determined by the PAEDC Board of Directors. The PAEDC, at its sale option, may then terminate this Contract without further liability. In the event of such termination by the PAEDC, the PAEDC may, at its sole option, immediately cease all further funding, if any, required by this Contract PAEDC-0Tr fl6635L5 Page 6 and the PAEDC shall not be liable to Employer or to any third parties for failure to make payments to Employer under the terms and conditions of this Contract. The PAEDC shall not be liable, in Contract or otherwise, to Employer, or to any person or entity claiming by or through Employer, for any expense, expenditure or cost incurred by or on behalf of Employer related to the program made the basis of this Contract Employer shall not use the funds herein for any purpose(s) other than that specifically disclosed in this Contract. Funds granted by the PAEDC hereunder shall not be utilized by Employer for repayment of costs, expenditures or expenses incurred prior to the date of this Contract " Liquidated Damages for Breach of Agreement - In the event Employer fails to perform its obligations under this Contract, following notice thereof from PAEDC and tenday (l0~ay) opportunity to cure, the PAEDC, at its. sole. opton, may terminate its remaining funding obligations, if any, under this Contract and shall further be entitled to seek recovery of funds advanced together with its reasonable and customary attorney's fees and court costs incurred in collection of program funds from Employer that were not expended as required under the terms of this Contract, and PAEDC further retains. rights to such other legal remedies as maybe provided bylaw or inequity. .Employer agrees that any right or remedy provided to PAEDC shall not preclude the exercise of any other right or remedy available to PAEDC to ensure performance under this Contract or under any other provision of law, nor shall any action taken in the exercise of any right or remedy by PAEDC deemed to be a waiver of any other right or remedy to which it may be entitled by law. Failure to exercise any right or remedy hereunder by PAEDC shall not constitute a waiver of the right to exercise that or any other right or remedy at any Gme to ensure performance by Employer under the terms of this Contract. Hold Harmless -EMPLOYER AGREES TO HOLD HARMLESS THE PAEDC AND THE CITY OF PORT ARTHUR FROM ANY AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION OF ANY RIND OR CHARACTER WHICH MAY BE ASSERTED BY ANY THIRD PARTY OCCURRING, ARISING OUT OF OR IN Alv1' WAY RELATED TO THIS CON'T'RACT, THE PROGRAM MADE THE BASIS OF THIS CONTRACT, PROVIDED THAT SUCH CLAIM, DEMAND OR CAUSE OF ACTION DOES NOT ARISE FROM ANY FRAUD OR MISCONDUCT ON THE PART OF THE PAEDC OR THE CITY OF PORT ARTHUR, OR ANI' AGENT, EMPLOYEE OR REPRESENTATIVE OF E["I'HER" Conflict of Interest - No employee, agent, officer or elected or appointed official of the City of Port Arthur or the PAEDC who has participated in a decision making process related [o this Contract (without recusing him/herself and executing a conflict affidavit) may obtain a personal or financial interest or benefit from an PAEDC assisted activity, or have an interest in any contact, subcontract, or agreement (or proceeds thereof) with respect to an PAEDC assisted activity, during their tenure or for one (I) year thereafter. htsofaz as relates to the conduct hereunder of Employer, its agents, employees or representatives, Employer shall ensure compliance with applicable provisions under Article 5190.6 V.T.C.A. and Chapter 171 Local Government Code V.T.C_A. Nondiscrimination --Employer shall ensure that no person shall on the grounds of race, color, religion, sex, handicap, or national origin be excluded from partcipation m, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds provided under this Contract. PA®C-0rI p663525 g~ 5 Legal Authority -Employer assures and guarantees it possesses legal and/or corporate authority (i) to enter into this Cohtract, receive funds authorized by this Contract, and (ii) to perform the obligations hereunder. Employer has provided, or shall provide, as requested by the PAEDC, such resolutions or other required authorizations necessary to evidence this authority. The person or persons signing and executing this Contract on behalf of Employer, or representing themselves as signing and executing this Contract on behalf of Employer, do hereby warrant and guarantee that he, she, or they have been duly authorized by Employer to execute this Contract on behalf of Employer and to validly and legally bind Employer to all terms, performances, and provisions herein set forth. Changes and Amendments -Except as specifically provided otherwise in this Contract, any alterations, additions, or deletions to the terms of this Contract shall be by amendment in writing and' executed by all parties to this Contract. -Such atnendinents must be approved. by the PAEDC -Boazd of Directors and by the City Council for City of Port Arthur. It is understood and agreed by the parties hereto that performances under this Contract must be rendered in accordance with the regulations promulgated under the Development Corporation Act, the assurances and certifications made to PAEDC by Employer, and the assurances and certifications made to the City of Port Arthur with regazd to the operation of the PAEDC's programs. Based on these considerations, and in order to ensure the legal and effective perfom~ance of this Contract by all parties, it is agreed by the parties hereto that the performances under this Contract are by the provisions of the on thejob training and any amendments thereto and may further be amended in the following manner: PAEDC may from time to time during the period of performance of this Contract issue policy directives which serve to interpret, or clarify performance requirements under this Contract. Such policy directives shall be promu]gated by the PAEDC Boazd of Bireciors in the form of PAEDC issuances, shall be approved by the City Council and shall have the effect of qualifying the temrs of this Contract and shall be binding upon Employer, as if written herein. Any alterations, addifions, or deletions to the terms. of this Contract which aze required by changes in Federal, state law or local law are automatically incorporated into this Contract without written amendment hereto, and shall become effective on the date designated by such law or regulation. Oral and Written Agreements/Prior Agreements -All oral and written contracts between the parties to this Contract relating to the subject matter of this Contract that were made prior to the execution of this Contract have been reduced to writing and are contained in this Contract. Venue -For purposes of litigation that may accrue under this Contract, venue shall lie in Jefferson County, Texas, where substantially all the performance will occur. Address of A'otice and Communications - City of Port Arthur Section 4A Economic Development Corpamflon 444 4th Street Port Arthur, Texas 77640 ATTN: Floyd Batiste, Chief Executive Officer Employer ATTN: Texas 77 rnmcorruss3su e,~.s Captions -This Contract 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 intefpretation or application. Compliance with Federal, State and Local Laws -Employer shall comply with all Federal, State and local laws, statutes, ordinances, resolutions, rules, regulations, orders and decrees of any court or administrative body or tnliunal, including. those related to the activities and performances of Employer under this Contract. Upon request by PAEDC and by the City, Employer shall famish satisfactory proof of its compliance herewith. By signing this Contract, I attest that I am an authorized official representing my respective party and will abide by the terms of this Contract. ' City of Port Arthur Section 4A Economic Development Corporation. Signafure Date Typed/Printed Name Title ojAutharized Representative PAEDC-0)7 8663525 - - Page 7 Employer Representative Authorized Signature Signature Typed/Printed Name Date Title ajAuthorized Representative P!~/ C-OTr #GG3525 PageB