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HomeMy WebLinkAboutPR 15248: DIGITAL WORKFORCE ACADEMYInteroffice MEMORANDUM To: Mayor, City Council, and City Manager From: Mark Sokolow, City Attorney ~,,,~ ~2/lw,C~ Date: May 1, 2009 Subject: P. R. No. 15248; Council Meeting May 5, 2009 Attached is P. R. No. 15248 approving an Agreement with Digital Workforce Academy. I am meeting with Digital Workforce Academy as to delineate additional details to their proposal and the exhibits to the Agreement, which includes the services to be provided and payment terms. The City Manager has requested that the City provide up to $37,500 in payments for this project, with the expectation that the Port Arthur Industrial Group will provide $50,000. MTS:ts Attachment cc: Port Arthur Industrial Group Digital Workforce Academy Floyd Batiste, CEO of EDC z.pr15248_memo .~ The GTEC Vocational and LifeSkills Training Process The GTEC Vocational and LifeSkills Training Process are 10 weeks. 'The core components are LifeSkills-2 weeks, NCCER Construction and Safety -8 weeks and Hands-on-Tool Lab and Job Placement- 4 weeks. LifeSkills for Success LifeSkills curriculum was developed for GTEC as the front end training experience to prepare participants for success in the NCCER Certification process and job placement with a GTEC Industry Partner. Participants sign an attendance agreement and establish effective classroom learning behavior and attitudes. Description The three week class focuses on the unique need of the person to become aware and confident of their abilities and capability to change and become the person they desire. Students learn about their career interest, values, goals, personality style, learning style and the self motivation needed for success. Students learn communication models for the workplace, how to receive and accept feedback, managing conflicts and dealing with stress. Emphasis is placed on changing personal habits that serve as barriers to achieving employment and new career /life goals. This prepares the student to develop the mental skills and attitudes necessary for achievement in the workplace. NCCER Construction and Safety Training and Hands on Tool Lab GTEC uses the core curriculum for construction and craft skills designed by National Center for Construction Education and Research (NCCER). Description Students participate in a seven week core construction craft certification class utilizing materials developed and supported by the National Center for Construction Education and Research (NCCER). Students must pass a comprehensive written test in the areas of safety, construction math, blue print reading, hand tools, power tools, rigging basic, and communication and employability skills for the construction industry. Students passing all tests receive the certification sponsored through the National Center for Construction Education and Research (NCCER). Hands on Lab. The Lab completes a students training. This experience takes the conceptual classroom experience and applies it to work experience on a construction project. Students become more aware of OSHA safety practices on construction work sites. Students learn how to identify and use the hand and electrical tools that prepares them for entry level NCCER positions as a pipefitter helper, boilermaker helper, civil helper, and welder helper. We believe this prepares our students for greater levels of success and acceptance by senior craft professionals. Digital Workforce Academy has trained over 200 people since October 2007. We are planning to train and place 50 Port Arthur residents over the next 6 to 12 months. We are working with the following companies for placement over the next 6 to 12 months: 1. Sheet Metal Worker International Association (Targeting 5 placements) 2. Fluor Corporation (Targeting 25 placements) 3. ENGlobal Corporation (Targeting 20 placements) 4. Texas Carpenter & Millwright Regional Association (Targeting 5) 5. Pipefitters Local #195 (Targeting 15 placements) 6. Conex (Targeting 25 placements) 7. S&B Engineers (Targeting 10) 8. Team Fabricators (Targeting 5 placements) 9. Turner Construction (Targeting 15 placements) We are requesting a grant amount of $37,500 from the City of Port Arthur to deliver training and placement to the above companies and other employers. Other source of funds will be provided by Port Arthur EDC ($37,500) and Port Arthur Industrial Group ($50,000). Please contact me with any additional questions. Melvin White, President Digital Workforce Academy P. R. No. 15248 05/01/09 is RESOLUTION NO. A RESOLUTION APPROVING AN AGREEMENT WITH DIGITAL WORKFORCE ACADEMY WHEREAS, it is deemed in the best interests of the citizens of Port Arthur to approve an Agreement with Digital Workforce Academy, to provide GTEC Vocational and Lifeskills Training, in substantially the same form as attached hereto as Exhibit "A"; and WHEREAS, this program will facilitate local economic development as provided for in Chapter 380 Local Government Code and will facilitate the placement of Port Arthur residents in jobs. 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 Manager is herein authorized to sign an Agreement with Digital Workforce Academy, in substantially the same form as 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., 2009, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: :.prisaae Mayor Councilmembers NOES: -- MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER APPROVED AS TO THE AVAILABILITY OF FIINDS: DIRECTOR OF FINANCE z.pr15248 EXHIBIT "A" TO THE RESOLUTION THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT THIS AGREEMENT, entered into as of this day of , A.D., by and between DIGITAL WORKFORCE ACADEMY (hereinafter called "GRANT RECIPIENT") and the CITY OF PORT ARTHUR, (hereinafter called the "CITY"). WITNESSETH THAT: WHEREAS, the CITY desires to engage or contract with the GRANT RECIPIENT to render certain professional services hereafter described in "Scope of Services". NOW, THEREFORE, the Parties hereto do mutually agree as follows: 1. ENGAGEMENT OF GRANT RECIPIENT The CITY hereby agrees to engage the GRANT RECIPIENT and the GRANT RECIPIENT hereby agrees to perform the "Scope of Services" hereinafter set forth. 2. SCOPE OF SERVICES Consulting services shall be provided as follows: A. BASIC SERVICES 1) Description of Work: GRANT RECIPIENT shall perform the services as described in Exhibit "A", for Port Arthur residents. 2) Compensation: GRANT RECIPIENT's compensation for Basic Services shall be as delineated in Exhibit. "B". 3. TIME OF PERFORMANCE GRANT RECIPIENT will proceed immediately upon execution of this Contract with performance of the services called for under "Basic Services" unless delayed by causes outside the control of the GRANT RECIPIENT and will proceed with subsequent work only on authorization by the CITY. GRANT RECIPIENT shall immediately submit to CITY in writing evidence of delay satisfactory to the CITY'S reasonable discretion, upon which an extension of z.contract-professional. services digital workforce 1 time equal to the period of actual delay may be granted in writing. The services must be performed no later than 4. INFORMATION AND SERVICES TO BE FURNISHED GRANT It is agreed that the CITY will furnish, without charge, for the use of the GRANT RECIPIENT, information as to the students, referred by the CITY, as are existing, available, and necessary for the carrying out of the work of the GRANT RECIPIENT as outlined under "Scope of Services". The CITY will cooperate with the GRANT RECIPIENT to facilitate the performance of the work described in this Contract. This information is confidential and will not be released by the GRANT RECIPIENT without the permission of the CITY. 5. COMPENSATION AND METHOD OF PAYMENT A. COMPENSATION: CITY will pay GRANT RECIPIENT for work performed and services rendered under Paragraph 2 "Scope of Services" B. PAYMENT: GRANT RECIPIENT will invoice CITY for the costs at such times, as delineated in Exhibit "B". CITY agrees to pay GRANT RECIPIENT the full amount of each such invoice within fifteen (15) days of receipt. 6. RECORDS GRANT RECIPIENT shall keep accurate records, including time sheets of all time allocated to performance of Contract work. Such records shall be kept in the office of the GRANT RECIPIENT for a period of not less than two (2) years and shall be made available to the CITY for inspection and copying upon reasonable request. T. SCHEDULE OF COURSES: GRANT RECIPIENT agrees to meet with the CITY to determine a mutually agreeable class schedule for each session. 8. INDEMNIFICATION GRANT RECIPIENT shall comply with the requirements of all applicable laws, rules, and regulations in connection with the services of GRANT z.contract-professional.services_digital workforce 2 RECIPIENT and shall exonerate, indemnify and hold harmless the CITY, its officers, agents and all employees from any and all liability, loss or damage arising out of noncompliance with such laws, rules and regulations; without limitation, GRANT RECIPIENT shall assume full responsibility for payments of Federal, State and Local taxes or contributions imposed or required under the Social Security Worker's Compensation, and Income Tax Laws with respect to GRANT RECIPIENT'S employees. Further, GRANT RECIPIENT shall exonerate, indemnify and hold harmless the CITY, its officers, agents and all employees from any and all liability, loss, damages, expenses or claims for infringement of any copyright or patent arising out of the use of any documents furnished by GRANT RECIPIENT in the performance of this Contract. The foregoing indemnification provision shall apply to GRANT RECIPIENT regardless of whether or not said liability, loss, damages, expenses, or claims is caused in part by a party indemnified hereunder. 9. ADDRESS OF NOTICES AND COMMUNICATIONS: CITY OF PORT ARTHUR Stephen Fitzgibbons, City Manager P.O. Box 1089 Port Arthur, Texas 77641-1089 DIGITAL WORKFORCE ACADEMY All notices and communications under this contract shall be mailed or delivered to CITY and GRANT RECIPIENT at the above addresses. 10. SUCCESSORS AND ASSIGNMENTS The CITY and the GRANT RECIPIENT each binds himself and his successors, executors, administrators and assigns to the other party of this Contract and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the CITY nor the GRANT RECIPIENT shall assign, sublet or transfer his interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body, which may be a party hereto. 11. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the GRANT RECIPIENT shall fail to fulfill in a timely and proper manner his obligations under this Contract, or if the GRANT RECIPIENT shall violate any of the covenants, agreements, or stipulations of z.contract-professional.services_digital workforce 3 this Contract, the CITY shall thereupon have the right to terminate this Contract by giving written notice to the GRANT RECIPIENT of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. Not withstanding the above, the GRANT RECIPIENT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of the Contract by the GRANT RECIPIENT and the CITY may withhold any payments to the GRANT RECIPIENT for the purpose of set-off until such time as the exact amount of damages due the CITY from the GRANT RECIPIENT is determined. 12. TERMINATION FOR CONVENIENCE OF THE CITY The CITY may terminate this Contract at any time by giving at least seven (7) days notice in writing to the GRANT RECIPIENT. If the Contract is terminated by the CITY as provided herein, the GRANT RECIPIENT will be paid for the time provided up to the termination date. If this Contract is terminated due to the fault of the GRANT RECIPIENT, Paragraph 11 hereof relative to termination shall apply. 13. CHANGES The CITY may, from time to time, request changes in the scope of the services of the GRANT RECIPIENT to be performed hereunder. Such changes, including any increase or decrease in the amount of the GRANT RECIPIENT'S compensation, which are mutually agreed upon by and between the CITY and GRANT RECIPIENT shall be incorporated in written amendments to this Contract. 14. PERSONNEL A. The GRANT RECIPIENT represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. B. All of the services required hereunder shall be performed by the GRANT RECIPIENT or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and Local law to perform such services. C. None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 15. REPORTS AND INFORMATION z.contract-professional.services_digital workforce 4 The GRANT RECIPIENT at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. This includes the documentation as delineated in Exhibit "C". 16. CIVIL RIGHTS No person shall, on the grounds of race, religion, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity of the CITY. 17. INTEREST OF GRANT RECIPIENT AND EMPLOYEES The GRANT RECIPIENT covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. The GRANT RECIPIENT further covenants that in the performance of this Contract, no person having such interest shall be employed. 18. INCORPORATION OF PROVISIONS REQUIRED BY LAW Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If through mistake or otherwise any such provision is not inserted or is not correctly inserted, the Contract shall be amended to make such insertion on application by either party. 19. UNDOCUMENTED WORKERS: GRANT RECIPIENT certifies that they have not and will not knowingly employ an "undocumented worker", which means "an individual who, at the time of employment, is not lawfully admitted for permanent residence to the United States or authorized under law to be employed in that manner in the United States." GRANT RECIPIENT acknowledges that it has reviewed Chapter 2264, Texas Government Code, and hereby affirmatively agrees by execution of this Agreement, to repay the amount of any incentive with interest at the rate of ten (10%) percent per annum, not later than the 120 day after the date the CITY notifies GRANT RECIPIENT of a violation. z.contract-professional.services_digital workforce 5 GRANT RECIPIENT acknowledges that the CITY may bring a civil action to recover any amounts owed under this Chapter, and further acknowledges that CITY may recover court costs and reasonable attorneys' fees incurred in an action brought under ~2264.101(a). GRANT RECIPIENT is not liable for a violation of this Chapter by a subsidiary, affiliate, or franchise of the GRANT RECIPIENT or by a person with whom GRANT RECIPIENT contracts. SIGNED AND AGREED TO on this the day of , 2009. GRANT RECIPIENT: DIGITAL WORKFORCE ACADEMY BY: SIGNED AND AGREED TO on this the day of 2009. CITY OF PORT ARTHUR, TEXAS BY: z.contract-professional services digital workforce 6 EXHIBIT "A" WILL BE FORTHCOMING EXHIBIT "B" WILL BE FORTHCOMING EXHIBIT "C" WILL BE FORTHCOMING