HomeMy WebLinkAboutPR 23217: 1ST AMENDMENT TO THE PRE-EMPLOYMNT WORKFORCE TRAINING AGREEMENT WITH LAMAR FOR THE CDL TRAINING PROGRAM 0 POIT*ARTHUR
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INTEROFFICE MEMORANDUM
Date: September 20, 2023
To: City Council of the City of Port Arthur
Through: Ron Burton, City Manager
From: Terry Stokes, PAEDC CEO
RE: Proposed Resolution No. 23217 I First Amendment to the Pre-Employment
Workforce Training Agreement with Lamar State College Port Arthur for the CDL
Training Program.
Intent:
The intent of Proposed Resolution No. 23217 is to seek the City Council of the City of Port
Arthur's approval of the First Amendment to the Pre-Employment Workforce Training Agreement
with Lamar State College Port Arthur for the CDL Training Program.
Background:
This Pre-Employment Training Agreement was entered into between the PAEDC and LSCPA on
March 1, 2023. The purpose of the agreement is to provide Port Arthur Residents Commercial
Driver's Class A& B Training in order to train drivers for high demand occupations.
Inadvertently the PAEDC approved an over-enrollment of students that qualified for the
program. At their meeting on September 11, 2023,the PAEDC Board found and determined
that it is beneficial to increase the funding of the program by $25,040.00 to cover the cost of the
over enrollment.
Budget Impact:
The budget impact of this item is: an increase of$25,040.00; EDC Account No.120-80-625-
5475-00-00-000.
Recommendation:
It is recommended that the City Council of the City of Port Arthur approve the First Amendment
to the Per-Employment Workforce Training Agreement with Lamar State College Port Arthur.
P.R. No. 23217
09/20/2023 JMC
RESOLUTION NO.
A RESOLUTION APPROVING THE FIRST AMENDMENT
TO THE PRE-EMPLOYMENT WORKFORCE TRAINING
AGREEMENT BETWEEN THE CITY OF PORT ARTHUR
SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION AND LAMAR STATE COLLEGE PORT
ARTHUR; INCREASE FUNDING BY $25,040.00 FOR A
REVISED NOT TO EXCEED AMOUNT OF $145,040.00;
FUNDS AVAILABLE IN EDC ACCOUNT NO. 120-80-625-
5475-00-00-00.
WHEREAS, per Resolution No. 23-125, the City Council of the City of Port Arthur
approved the City of Port Arthur Type 4A Economic Development Corporation ("PAEDC") to
enter into a Pre-Employment Workforce Training Agreement(the"Agreement")with Lamar State
College Port Arthur("LSCPA") for an amount of$120,000.00; and
WHEREAS,the Training Agreement is for the purpose of providing Port Arthur Residents
Commercial Driver's Class A& B Training in order to train drivers for high demand occupations;
and
WHEREAS, inadvertently the PAEDC approved an over enrollment of students that
qualified for the program; and
WHEREAS, at their Regular Board Meeting of September 11, 2023, the PAEDC Board
of Directors found and determined that it is beneficial to increase the funding of the program by
$25,040.00 to cover the cost of the over enrollment as detailed in the First Amendment to the
Agreement attached hereto as Exhibit "A".
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 the First Amendment to the Pre-Employment
Workforce Training Agreement between the Port Arthur Economic Development Corporation and
Lamar State College Port Arthur, to increase funding by $25,040.00 for a revised not to exceed
amount of$ 145,040.00.
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., 2023,
at a Meeting of the City Council of the City of Port Arthur, Texas,by the following vote:
AYES:
Mayor ,
Councilmembers ,
,
NOES:
Thurman Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED:
Terry Stokes,PAEDC CEO
#1470247 Page 2
APPROVED AS TO FORM:
Charles E. Zech, PAEDC Attorney
APPROVED AS TO FORM:
Val Tizeno, City Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
CkCiUa a
Kandy DanielFinance Director
#1470247 Page 3
Exhibit "A"
FIRST AMENDMENT I TRAINING AGREEMENT
BETWEEN THE CITY OF PORT ARTHUR
SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION AND LAMAR STATE COLLEGE
PORT ARTHUR
This First Amendment ("First Amendment") to the Training Agreement between the City of Port
Arthur Section 4A Economic Development Corporation and Lamar State College Port Arthur
("Agreement") is entered into to be effective as of the date as executed below,by and between the
Port Arthur Economic Development Corporation, located in Port Arthur, Jefferson County, Texas
(hereinafter called "PAEDC"), a Texas Type A non-profit economic development corporation
under the Development Corporation Act and governed by TEX. LOC. GOV. CODE chapters 501,
502 and 504 and the Texas Non-Profit Corporation Act and Lamar State College Port Arthur
(hereinafter called "LSCPA"), otherwise known as the "Parties"to this Agreement.
RECITALS
WHEREAS, the Parties previously entered into a Training Agreement on the 1st day of March
2023 for the purpose of LSCPA enrolling Port Arthur Residents in a Commercial Driver
Certification Program for Commercial Driver's License Class A and Class B (the"Program");and
WHEREAS, inadvertently the PAEDC approved an over enrollment of students that qualified for
the program; and
WHEREAS,the PAEDC finds and determines that it is beneficial to increase the programs funds
to match the overage in enrollment;
NOW, THEREFORE, in consideration of the mutual covenants, benefits and agreements
described and contained in this Agreement, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged and further described herein,the Parties
agree as follows:
ARTICLE I
RECITALS
1. Recitals. The recitals set forth above are declared true and correct by the Parties
and are hereby incorporated as part of this Agreement.
ARTICLE II
AGREEMENT AMENDMENT
1. Amendment. Section 6.b.3. is hereby amended to read as follows:
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PAEDC shall allocate an additional $25,040.00,for a revised not to exceed amount
of$145,040.00 to the certification program.
2. Amendment of Agreement. Except as specifically amended by this First
Amendment, the terms and provisions stated in the Agreement shall continue to govern the rights
and obligations of the Parties, and all provisions and covenants of the Agreement, as amended by
this First Amendment, shall remain in full force and effect. The terms and provisions of the
Agreement, as hereby amended by this First Amendment, are hereby ratified and confirmed. In
the event of any inconsistency, the terms and provisions of this First Amendment shall control
over and modify the terms and provisions of the Agreement.
3. Binding Agreement. The terms and conditions of this Agreement shall be binding
on and inure to the benefit of the Parties,and their respective successors and assigns.The Executive
Director of the PAEDC shall be responsible for the administration of this Agreement and shall
have the authority to execute any instruments, duly approved by the PAEDC, on behalf of the
Parties related thereto.
[SIGNATURE PAGE FOLLOWS]
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Approved as to Form
'; l_.
Charles E.Zech,PAEDC General Counsel
Verification of Consistency with City Council Approval
Valecia Tizeno
Executed on this day of ,2023.
LAMAR STATE COLLEGE PORT ARTHUR
By:
Name: Dr. Berty Reynard
Title: President
PORT ARTHUR ECONOMIC
DEVELOPMENT CORPORATION(PAEDC)
By:
Name: Terry Stokes
Title: Chief Executive Officer
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