HomeMy WebLinkAboutPR 22242: TUITION ASSISTANCE AGREEMENT o,
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PORT*ARTHUR
ECONOMIC DEVELOPMENT CORPORATION
INTEROFFICE MEMORANDUAM
Date: November 3, 2021
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: George Davis, Interim CEO Port Arthur EDC
RE: PR 22242—Tuition Assistance Agreement
Introduction:
The intent of this Agenda Item is to seek City Council's approval for entering into a tuition
assistance agreement for Port Arthur residents selected for enrollment into the Lamar Institute of
Technology(LIT) Police Academy.
Background:
This program has been successful since its inception in 2020 graduating police cadets from
Lamar Institute of Technology(LIT)who have successfully gained employment in police
enforcement. The City of Port Arthur Section 4A Economic Department Corporation
("PAEDC") Board of Directors has found there is a high demand for certified police officers in
the area and recognizes the importance of trained police officers for entry-level employment.
Budget Impact:
The Tuition Assistance Agreement will help Port Arthur resident trainees selected for enrollment
into the LIT program get trained in law enforcement with the goal to be hired by the Port Arthur
Police Department,but no guarantee of such employment. The cost is to enroll up to nine(9)
trainees at a cost of$2,600 per trainee for a total not to exceed $23,400; funds are available for
this service.
Recommendation:
It is recommended that the City Council of the City of Port Arthur authorize the Port Arthur
EDC to move forward with entering into a tuition assistance agreement with Lamar Institute of
Technology for Port Arthur resident trainees selected for enrollment into the Lamar Institute of
Technology(LIT) Police Academy at a cost not to exceed$23,400.
P. R. No. 22242
11/2/2021 RML
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION TO ENTER INTO A TUITION ASSISTANCE
AGREEMENT FOR PORT ARTHUR RESIDENT TRAINEES
SELECTED FOR ENROLLMENT,INTO LAMAR INSTITUTE
OF TECHNOLOGY POLICE ACADEMY IN THE AMOUNT
OF $2600 PER RESIDENT AND A TOTAL NOT TO EXCEED
AMOUNT 'OF $23,400; FUNDS AVAILABLE IN EDC
ACCOUNT NO. 120-80-625-5475-00-00-000
WHEREAS, the City Council of the City of Port Arthur deems it in the public's best
interest to authorize the Board of Directors of the City of Port Arthur Section 4A Economic
Development Corporation ("PAEDC") to enter into an Tuition Assistance Agreement with Port
Arthur residents ("Trainee") selected for enrollment into Lamar Institute of Technology Police
Academy("Program"); and
WHEREAS,PAEDC Board of Directors has found that there is a high demand for certified
police officers in the area and recognizes the importance of trained police officers for entry-level
employment; and
WHEREAS, Trainee agrees to participate in and pursue the Program to the best of his or
her ability and to use reasonable efforts to complete the Program; and
WHEREAS, Trainee will have no obligation to repay PAEDC for installment payments
made toward tuition assistance if, on the second annual anniversary of completing the Program,
Trainee has not voluntarily quit or has not been fired"for cause" from their employment with the
City of Port Arthur Police Department; and
WHEREAS,in the event Trainee voluntarily quits his or her employment with the City of
Port Arthur Police Department or the Department terminates Trainee for cause less than 3 years
after completing the Program, trainee shall immediately pay, without demand, a prorated amount
of tuition assistance received; and
WHEREAS, at their November 1, 2021 regular Board Meeting, the PAEDC Board of
Directors approved a Tuition Assistance Agreement for Port Arthur residents attached hereto as
Exhibit"A" with a goal to enroll up to nine(9) trainees at a cost of$2,600 per trainee for a total
not to exceed$23,400.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR,TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That PAEDC is herein authorized to enter into a Tuition Assistance Agreement
with Port Arthur residents selected for enrollment into Lamar Institute of Technology Police
Academy as shown in Exhibit"A".
Section 3. That PAEDC is herein authorized to enter into a Police Academy Training
Agreement with Lamar Institute of Technology as shown in Exhibit"B".
Section 4. That a copy of the caption of this Resolution shall be spread upon the Minutes
of the City Council.
READ, ADOPTED AND APPROVED on this day of A.D., 2021,
at a Meeting of the City Council of the City of Port Arthur, Texas,by the following vote: AYES:
Mayor
Councilmembers
NOES:
#1767233 Page 2
Thurman "Bill" Bartie,Mayor
ATTEST:
Sherri Bellard,City Secretary
APPROVED:
George avis, terim PAEDC CEO
APPROVED AS TO FORM:
Frank Ga a rim PAEDC Attorney
APPROVED AS TO FORM:
el
Valecia R.Tizeno, ty Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
-VC�-,._ i0 c1,�. _ ,t
Kandy Danie , Interim Finance Director
#1767233 Page 3
Exhibit " A "
CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION
TUITION ASSISTANCE AGREEMENT
This Tuition Assistance Agreement (the "Agreement") is made and entered into as of
, 2021 by and between ("Trainee") and Port Arthur
Economic Development Corporation("PAEDC").Trainee has been referred to PAEDC by the City of
Port Arthur Police Department ("Department") to be enrolled into Lamar Institute of Technology
Police Academy ("Academy") to complete training with the goal to be hired by the Department
upon the successful completion of the Academy.
Trainee is currently enrolled for training with Academy as described in Exhibit "A" attached
hereto (the "Program"). Trainee has voluntarily applied to and been accepted into the Academy, and
PAEDC has agreed, on the terms set forth in this Agreement, to financially assist Trainee in paying
tuition for the Academy. In exchange for PAEDC's financial assistance;Trainee agrees to reimburse
PAEDC either through work(by remaining employed with Department for a period of two (2) years
as set forth in this Agreement)or by repayment(if Trainee leaves before completing the agreed-upon
service to Department as provided in this Agreement).
In consideration of the mutual promises set forth in this Agreement, PAEDC and Trainee
agree as follows:
1. Tuition Assistance: PAEDC shall pay directly to Lamar Institute of a total of up to
$2,600 toward the tuition for the educational program into which Trainee has been accepted (the
"Tuition Assistance"). Academy has agreed that cost to Trainee associated with the program will not
exceed $1,400.
2. Trainee Obligation. Trainee agrees to participate in and pursue the required training and
to the best of their ability and to use reasonable efforts to complete the Academy.
3. Obligation Satisfied Two Years After Payment. Trainee will have no obligation to pay
PAEDC the Tuition Assistance if,on the second annual anniversary of being hired by the Department,
Trainee has not voluntarily quit or has not been fired "for cause." In the event Trainee voluntarily
quits the Academy, or quits their employment with Department or Department terminates Trainee
"for cause" less than two years after being hired by Department, Trainee shall immediately pay,
without demand,an amount equal to Tuition Assistance,("Tuition Repayment Obligation"). As used
in this Agreement, "for cause"means any violation of Department rules or policies. Trainee shall not
be required to reimburse PAEDC if Trainee satisfactorily completes the Academy and is not hired by
the Department.
4. Set-off Against Final Paycheck. To the extent allowed by law,PAEDC may request that
Department deduct the amount of any Tuition Repayment Obligation from any compensation due and
owing to Trainee at time of separation from employment.
5. No Guarantee of Employment. Nothing in this Agreement constitutes a commitment or
guarantee on the part of Department to provide employment to Trainee for any specific period of time
or duration. Unless otherwise provided in a writing other than this Agreement,Trainee's employment,
if hired by Department, shall remain "at-will.
6. Notices. Any notice required or permitted to be given under this Agreement shall be in
writing and may be given by personal delivery, e-mail or by mail, first-class postage prepaid. Notice
shall be deemed given upon actual receipt in the case of personal delivery or e-mail,or within two(2)
business days after mailing. Notices shall be sent to the addresses listed on the signature page of this
Agreement.
7. No Waiver. The waiver or failure of either party to exercise, in any respect, any right
provided in this Agreement shall not be deemed a waiver of any other right or remedy to which the
party may be entitled.
8. Entirety of Agreement; Amendments and Modifications Only in Writing. The terms
and conditions set forth herein constitute the entire agreement between the parties and supersede any
communications or previous agreements with respect to the subject matter of this Agreement. There
are no written or oral understandings directly or indirectly related to this Agreement that are not set
forth herein. No change can be made to this Agreement other than in a writing signed by both parties.
9. Governing Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas. Department and Trainee agree that any action to
interpret or enforce this Agreement or which arises out of this Agreement shall be brought in District
Court of the State of Texas, Jefferson County, or, if applicable, in the United States Federal Court
for the Eastern District of Texas.
10. Attorneys Fees. If Department or Trainee brings any legal action or seeks arbitration
regarding the interpretation or enforcement of this Agreement, the prevailing party shall be entitled
to recover its reasonable attorneys' fees from the other party, in addition to any other relief that may
be granted.
11. Severability. If any term of this Agreement is held by a court of competent jurisdiction
to be invalid or unenforceable,then this Agreement,including all of the remaining terms,will remain
in full force and effect as if such invalid or unenforceable term had never been included.
12. Successors and Assigns. This Agreement shall be binding on and shall inure to the
benefit of the heirs, executors, administrators, successors, and assigns of Department and Trainee.
Department may assign any right or interest arising under this Agreement to any third party. This
Agreement is not assignable by Trainee.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
DEPARTMENT: TRAINEE:
By: Name:
Name: Address:
Title:
Address: 501 Procter Street, Suite 100
Port Arthur, TX 77640
#1758267
Page 2
Exhibit " B "
City of Port Arthur Section 4A Economic Development Corporation
Police Academy Training Program Agreement
TRAINING SITE PAEDC
Name: Lamar Institute of Technology Name. Port Arthur Economic Development Corporation
Physical Address 805 E. Lavaca Address: 501 Procter Street, Ste. 100
Hailing Address: Same �ity,State,zip` Port Arthur,TX, 77640
City,State,Zip: Beaumont, TX 77705 Phone: (409)963-0579 Fax: (409)962-4445
Phone: (409)880-8020 Fax: (409)880-2379 contact:Ralloda McClain-Lee e-mail. rmcclain-leena paedc.org
Contact: e-mail:
Business Type:
Private/Non-profit❑ Public Non-profit V Private for profits
This Agreement is entered into by and between the Port Arthur Section 4A Economic Development Corporation
(the "PAEDC") and Lamar Institute of Technology(LIT), Beaumont, Texas hereinafter referred to as the Training
Site. This Agreement is solely between PAEDC and the Training Site. The Agreement must be completed and
approved prior to the placement of a participant into the Police Academy Training. The Training Site must comply
with applicable, federal,state and labor laws and regulations.
The PAEDC will administer this Police Academy Training Program with funds provided through the PAEDC Pre-
Employment Training Program.
This Agreement is to provide training activities for up to nine (9) students by the Training Site, at a cost not to
exceed$23,400.
This Agreement is for the period beginning on or about January 1, 2022 and ending on or about December 31,
2022.
Neither party to the Agreement may charge a student a fee for the referral or placement of the participant under the
Agreement.
The Training Site is subject to on-site monitoring by City of Port Arthur Police Department and the PAEDC
Representatives.
TRAINEE OBJECTIVES
The LIT Police Academy Training Program is a work training program that meets partial on-the-job-training in the
field of Law Enforcement in hopes that this training will enable the trainee to compete more successfully for future
employment as a Police Officer. The City of Port Arthur Police Department will make every effort to employ
trainees that have successfully complete the Academy, but with no guarantee of such employment. By the end of
the Police Academy,the trainee should be able to:
• Demonstrate that he or she has integrated theory with practice in the area of law enforcement.
• Broaden his or her philosophy and understanding of their area of study.
• Gain an understanding and appreciation of the roles, duties,legal and ethical responsibilities of a full-
time professional in their area of study.
PAEDC-LITPA-20
• Observe and gain experience in leadership, supervisory,or administrative functions and in human
relations.
• Complete an employment project that complements the mission of the PAEDC.
• Evaluate his or her strengths and weaknesses and develop strategies for improvement.
Training Site to the Trainee and the Port Arthur Economic Development Corporation
• Assign a instructor(s) for the trainee(s).
• Make contact with the Trainee at the beginning of training and periodically thereafter
• Make oral and/or written contact with the trainee periodically throughout training.
• Evaluate and provide feedback on written progress reports completed by the trainee.
• Maintain open communication with the Trainee pertaining to Training,especially in the event that
problems arise.
• Tuition cost to be paid for by PAEDC per Trainee shall not exceed$2,600.
Trainee to the Port Arthur Economic Development Corporation
• Inform the PAEDC of address,phone,e-mail and name changes.This responsibility begins at the time
the Trainee submits application and continues through the end of training
• Complete all progress reports and the training project according and in a timely manner
• Consult with City of Port Arthur Police Chief on issues relating to Police Academy Training objectives,
• Conduct self in professional manner,both legally and ethically.The actions of the trainee reflect on the
Program.
• Provide PAEDC invoices for cost associated with mental health exam,background check, forger
printing,and other costs related to entering the Training Site. The reimbursement cost for each trainee
cannot exceed the amount of$1,400.00.
Trainee to the Training Site
• Provide appropriate forms to the Training Site that are required by the Program
• Comply with conditions set forth in the Police Academy and the procedures of the Training Site
• Conform with regulations pertaining to interns of the training site and carry out all assignments
• Evaluate each day's activities, interactions,and events
• Prepare for a weekly meeting with the Training Site Supervisor. Ask questions and present constructive
ideas
• Plan thoroughly and in advance for all assignments
• Notify the Training Site Supervisor well in advance in cases of absence from training
• Be respectful,courteous,and tactful to co-workers and clients
• Consult with the Training Site Supervisor when confronted with problems that cannot be solved alone
Training Site to the Trainee and to the PAEDC
• Provide Trainee with semester syllabus, schedules,and content regarding the Trainee's role and
responsibilities at the Training Site
• Provide training to that Trainee so that upon completion of the training can meet requirement to be
certified as a peace officer by the Texas Commission on Law Enforcement
• Present to the Trainee an overview of the Training Site's purposes,policies,administration,program,and
facilities
• Confer with the Trainee prior to and during the Police Academy Training to determine his/her
responsibilities
• Inform the Trainee of all regulations he or she must follow
• Present the Trainee to the Training Site staff as a colleague to insure his or her status
• Meet with the Trainee on a weekly basis for the purpose of discussing the Trainee's progress and the
appropriateness of the trainee's responsibilities
• Maintain open communication with the City of Port Arthur Police Department and PAEDC pertaining to
training,especially in the event of problems with a Trainee
PAEDC-LITPA-20
This agreement can be terminated for any of the following reasons:
• A 30 day written request by either the Port Arthur Economic Development Corporation or Lamar
Institute of Technology Training Site Representative;
• Failure to comply with the terms of this agreement by either party;
• Failure to take corrective action; or
• Unsafe,hostile or unsanitary working conditions.
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 Lamar Institute of Technology Site
Program Agent Authorized Signature
Signature Date Signature Date
Typed/Printed Name Typed/Printed Name
Title Title
PAEDC-LITPA-20