HomeMy WebLinkAboutPR 23597: PAEDC, AGREEMENT WITH LAMAR STATE COLLEGE PORT ARTHUR, PA RESIDENTS TO BECOME CLASS A & B LICENSED COMMERCIAL DRIVERS peruR,
INTEROFFICE MEMORANDUM
Date: February 5, 2024
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Terry Stokes, PAEDC Chief Executive Officer
RE: PR 23597 I Entering into an agreement with Lamar State College Port Arthur for
the training of Port Arthur residents to become Class A& B Licensed Commercial f
Drivers.
Introduction:
The intent of this Agenda Item is to seek the approval of the City of Port Arthur City Council
to enter into an agreement with Lamar State College Port Arthur(LSCPA) for the training of
Port Arthur residents to become Class A& B Commercial Drivers.
Background:
The Commercial Driver's License Program continues to be a vital component of the PAEDC's
workforce initiative.
Since the program's inception,many of its participants have successfully graduated,become certified,
and gainfully employed making a competitive wage.
And with the successful launch of LSCPA's new state-of-the-industry Commercial Driver Education
and Examination Center in July 2023,demand for participation for this program will continue to grow.
Accordingly, it is recommended that the PAEDC fund this program on a two-year basis to
accommodate the program's anticipated growth.
Budget Impact:
The budget impact of this Workforce Initiative is $120,000 annually with the option to renew
for one (1) additional year.
Recommendation:
It is recommended that the City of Port Arthur City Council approve entering into an
agreement with Lamar State College Port Arthur for the training of Port Arthur residents to
become Class A& B Commercial Drivers
PR No. 23597
2/5/2024 TS
RESOLUTION NO.
A RESOLUTION APPROVING A PRE-EMPLOYMENT
WORKFORCE TRAINING AGREEMENT BETWEEN
THE PORT ARTHUR ECONOMIC DEVELOPMENT
CORPORATION AND LAMAR STATE COLLEGE
PORT ARTHUR FOR THE TRAINING OF PORT
ARTHUR RESIDENTS AS CLASS A & B
COMMERCIAL DRIVERS IN AN AMOUNT NOT TO
EXCEED $120,000.00 ANNUALLY; FUNDS
AVAILABLE IN EDC ACCT. 120-80-625-5475-00-00-000
WHEREAS, Lamar State College Port Arthur (LSCPA") has created a
Commercial Driver's License Class A & B Training Program in order to train drivers for
high demand occupations; and
WHEREAS, the City of Port Arthur Section 4A Economic Development
Corporation ("PAEDC") Board of Directors has found that there is a high demand for
licensed commercial drivers in the area and recognizes the importance of trained
commercial drivers for entry-level employment; and
WHEREAS, House Bill 1967 amended the Texas Local Government Code by
adding §501.163 which authorizes expenditures for pre-employment training by PAEDC; and
WHEREAS, LSCPA has developed a Commercial Driver Certification Program
for Commercial Driver's License Class A and Class B; and
WHEREAS, at their February 19, 2024, Regular Board Meeting, the PAEDC
Board of Directors approved a Pre-Employment Training Agreement with LSCPA
attached hereto as Exhibit "A" to assist in funding the tuition for Port Arthur residents in
an amount not to exceed $120,000.00 annually, with the option to renew for one (1)
additional year.
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 approves a roves PAEDC entering into a Pre-Employment Training
Agreement with Lamar State College Port Arthur for the training of Port Arthur residents as
commercial drivers; in an amount not to exceed $120,000.00 annually, with the option to renew for
one (1) additional year.
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., 2024, 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
.._ ..•. �t.amcn+ .'n. '^ ..���.Jf7^c ._. ".we-ins gm. p�lyp ..._ ..
APPROVED:
17714
Terry Stokes,PAEDC CEO
APPROVED AS TO FORM:
Charles E. Zech,PAEDC Attorney
APPROVED AS TO FORM:
. \/.3e44-"C)
Ii
es M. Black,Interim City Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
Lynda Boswell,Finance Director
Exhibit "A"
TRAINING AGREEMENT
BETWEEN
THE PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION
AND
LAMAR STATE COLLEGE PORT ARTHUR
j4ECITAI,LS
WHEREAS,The Port Arthur Economic Development Corporation (PAEDC) Board has
found that the training of commercial drivers remains a high demand occupation in the Port Arthur
area and throughout the state. The PAEDC recognizes the importance of increasing the supply
of trained commercial drivers for entry-level employment.
WHEREAS, Lamar State College Port Arthur ("LSCPA") has developed a Commercial
Driver Certification Program for Commercial Driver's License Class A and Class B (the
"Program").
WHEREAS, LSCPA will identify Port Arthur-based applicants who need financial
assistance in order to enroll in the Program as set forth in the Income Chart, attached es Exhibit
"A". After LSCPA determines the student's program eligibility, they will be qualified to receive
financial assistance from PAEDC for the Certification Program.
WHEREAS, PAEDC will allocate a total of$840.00 per eligible student. PAEDC will
pay for one hundred percent(100%)of the upfront cost for the Theory Component exclusively.If
the student passes the Theory Component, then the student will be eligible to enroll in either the
Class A program or Class B program at no upfront cost to LSCPA until the PAEDC receives
confirmation that the student obtains his/her CDL Certification.The amount paid out to LSCPA
after the student obtains documented certification will either be:
• Class B
o $2240
• Class A
o $3360
NOW THEREFORE, IN CONSIDERATION of the recitals set forth above which are
incorporated in this Agreement es 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 April 1,2024.
AGREEMENT END DATE:
2. This Agreement expires on March 31,2025,with an option to renew for one(1)additional year.
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 CEO of
the PAEDC has 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) LSCPA will provide the following services:
a. Identify students who are eligible to receive financial assistance per the Income Chart
attached as Exhibit "A ".
b. Provide the eligible student training as set forth in Exhibit "B" so that the eligible
student can receive their CDL Certification.
c. Provide PAEDC with reports on the students when one hundred percent(100%) of the
Theory Component is completed and passed,and once the students receive their CDL
Certification so that LSCPA can be compensated.
(Bl PERFORMANCE BY PAEDC
(1) PAEDC shall provide LSCPA 100%of tuition per student for participation in the
Theory Component upfront at a cost not to exceed $840.00 per student upon the
eligible student's enrolment.
(2) PAEDC shall provide LSCPA the remaining tuition upon completion of the
Certification Program by the eligible students.
(3) PAEDC shall allocate a total of$120,000.00 annually, with the option to renew for
one (1) additional year for the Certification Program.
PAEDC'S CONDITIONAL OBLIGATIONS AND LIMITED LIABILITY
7. The PAEDC or the City,at its sole option,may terminate this Agreement for non-
performance or failure to comply with the terms of this contract. 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 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 in writing at any time for any reason.
ORAL AND WRITTEN AGREEMENTS I 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 reduce.cl to writing and are contained in this Agreement.
VENUE
16. The parties will use the dispute resolution process provided for in Chapter 2260 of the
Texas Government Code to attempt to resolve any claim for breach of this agreement. 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
The Port Arthur Economic Development Corporation
501 Procter Street, Suite 100
Port Arthur, Texas 77640
ATTN: Chief Executive Officer
Lamar State College Port Arthur
1500 Procter Street
Port Arthur, Texas 77640
ATTN: President
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.
INDEMNIFICATION
18. PAEDC and LSCPA acknowledge they are political subdivisions of the State of Texas
and are subject to and comply with the applicable provisions of the Texas Tort Claims
Act, as set out in the Texas Civil Practice and Remedies Code Act Section 101.00I et
seq., and the remedies authorized therein regarding claims or causes of action that may
be asserted by third parties of accident, injury, or death. Each party to this Agreement
must seek its own legal representative and bear its own coats in any litigation that may
arise from the performance of this Agreement.
ASSIGNMENT
19. Under the s and conditions hereunder, neither party shall have the right to transfer or
assign this Agreement without the written permission of the other Party. Prior to any
Assignment,the Parties must consent in writing to any such assignee.
ATTORNEY APPROVALS
APPROVED AS TO FORM:
Legal Counsel for PAEDC
VERIFIED AS CONSISTENT
WITH CITY COUNSEL RESOLUTION: Resolution Number:
City Attorney
WF
AGREEMENT EXECUTION
CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION
SIGNED AND AGREED TO on the day of , 20
By: By:
PAEDC Board President PAEDC Board Secretary
Witness Witness
LAMAR STATE COLLEGE PORT ARTHUR
SIGNED AND AGREED TO on the day of , 20
By:
Witness
Exhibit "A"
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Exhibit " B "
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LAMAR STATE COLLEGE * PORT ARTHUR
Commercial Driver's Training
Visit our website at www.lamarpa.edu/Workforce-Continuing-Ed
for class dates, times, and tuition costs
Prerequisites: We are a registered provider of ELDT
• Must be at least 18 years of age Training for the following:
• Must have a valid Texas Driver's e Class A License
License • Class B License
• Must successfully complete a DOT eSchool Bus Endorsement
Physical Examination and Drug • Passenger Endorsement
Screen (cost not included in tuition) Hazmat Endorsement
• Must be able to read and speak the
English language to converse with
the general public and make entries
on reports and records
Student loans and •:4 '-'• -T ,r-
iffqli unding assistance • ,._.
available for those
that qualify r k
'
i4 Linnt
Our Program: ' •1Mg �;
• Begin in classroom to gain the s.r= i
knowledge to pass the written CLP rc. .
exam
• Small class size for more one-on-
If'lansimiliealv
one interaction Iiii'
• Hands-on training with qualified ii- "'//. /1
drivers who will draw on years of Q do-.II ` L-
experience to teach you all you need
to know about the driving industry tot*wow
• Training with actual vehicles like ( . .: .
those used in the field • a,
• We have our own state-certified SPACE IS LIMITED!
examiners to administer driving
exams to our students Call Today! 409-984-6232
LAMAR STATE COLLEGE-PORT ARTHUR
MEMBER OF THE TEXAS STATE UNIVERSITY SYSTEM
An equal opportunity/affirmative action institution