HomeMy WebLinkAbout(1) PR 16048: EDC/K'S AND D'S INDUSTRIAL TRAINING CENTER interoffice
MEMORANDUM
To: Mayor, City Council, and City Manager n
From: Valecia R. Tizeno, City Attorney
Date: August 25, 2010
Subject: P. R. No. 16048; Council Meeting September 7, 2010
Attached is P. R. No. 16048 approving award of bid for
industrial skills training for fifteen (15) Port Arthur residents
to K's and D's Industrial Training Center in the amount of
$40,500, Account No 120 - 1429 - 582.59 -07. This was tabled at the
August 24, 2010 Council Meeting.
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Attachment
s.pr16048_memo
P. R. No. 16048
8/20/2010
RESOLUTION NO.
A RESOLUTION APPROVING AWARD OF BID FOR
INDUSTRIAL SKILLS TRAINING FOR FIFTEEN (15) PORT
ARTHUR RESIDENTS TO K'S AND D'S INDUSTRIAL
TRAINING CENTER IN THE AMOUNT OF $40,500
ACCOUNT NO 120 - 1429 - 582 -59 -07
WHEREAS, the Purchasing Department of the City of Port Arthur, Texas (the "City ") issued
an Invitation to Bid for industrial skills training services under Invitation dated June 16, 2010 (the
"Invitation to Bid "); and
WHEREAS, quotes were solicited from K's and D's Industrial Training Center, ABC
Southeast Texas, and EMS USA (a copy of the bid tab is attached as Exhibit "A "); and
WHEREAS, the City and the City of Port Arthur Section 4A Economic Development
Corporation (the "PAEDC ") representatives have reviewed bids submitted for industrial skills
training services for Port Arthur residents under the Invitation to Bid and recommend awarding the
contract to K's and D's Industrial Training, as the sole bidder; and
WHEREAS, on July 12, 2010, the PAEDC Board of Directors approved the bid for
industrial skills training services to K's and D's Industrial Training Center in the amount of $40,500;
and
WHEREAS, on August 23, 2010, the PAEDC Board of Directors ratified the bid for
industrial skills training services to K's and D's Industrial Training Center in the amount of $40,500
subject to the satisfaction by the bidder of all the requirements set forth in the Invitation to Bid
together with the execution of all affidavits, questionnaires and the satisfaction of the requirements
of the Invitation to Bid; and
WHEREAS, K's and D's Industrial Training shall execute an Industrial Skills Training
Services Agreement as set forth in Exhibit "B" attached hereto; and
WHEREAS, the training curriculum shall provide fifteen (15) Port Arthur residents with
construction skills training which includes workplace and technical capability for employment in
entry-level construction occupations; and
WHEREAS, K's and D's Industrial Training will provide eighty -four (84) hours of
classroom and hands -on- training together with two random drug testing on each trainee during the
training sessions; and
WHEREAS, upon residents completion, K's and D's Industrial Training Center will provide
trainees with a NCCER Certification of Completion, TWIC cards, and job placement services; and
WHEREAS, pursuant to Section 8.19 of the Bylaws, the PAEDC has to submit projects to
the City Council for review and approval.
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 the City Council of the City of Port Arthur approves the award of a bid in
the amount of $40,500 by the PAEDC for the industrial skills training of fifteen (15) Port Arthur
residents to K's and D's Industrial Training Center subject to the satisfaction of all requirements set
forth in Invitation to Bid issued by the City dated June 16, 2010, and the execution of the Industrial
Skills Training Services Agreement attached hereto as Exhibit "A" providing for the industrial skills
training services as approved by the City and the PAEDC.
Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
#777164 Page 2
READ, ADOPTED AND APPROVED on this day of A.D., 2010, at a
Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES:
Mayor
Councilmembers ,
NOES: .
Deloris "Bobbie" Prince, Mayor
ATTEST:
Sherri Bellard, Acting City Secretary
APPROVED:
Floyd Batiste, PAEDC CEO
APPROVED AS TO FORM:
Guy N. Goodson, PAEDC Attorney
APPROVED AS TO FORM:
Valecia R. Tizeny, City Attorney
i PROVED AS TO THE AVAILAILITY OF FUNDS:
1 s C —. Ze4406,14---
C z-,,
Deborah Echols, Director of Finance
#777164 Page 3
EXHIBIT 0 °A"
(f(}' of m @'
/A
CITY OF PORT ARTHUR TEXAS
ort rthu Bid Tabulation
vas
Industrial Skills Training Services
Date: June 30, 2010
NAME OF BIDDERS
K's and D's Industrial Training Center ABC Southeast Texas EMS USA
Description Cost Per Student Total Cost Cost Per Student Total cost Cost per student Total cost
Industrial Skills "hraining $2,700.00 $40,500.00 No Bid No Bid No Bid No Bid
Services
Location Port Arthur, Texas Nederland, Texas Beaumont, Texas
EXHIBIT ° °B"
INDUSTRIAL SKILLS TRAINING SERVICES AGREEMENT
BETWEEN
CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION
AND
K'S & D'S INDUSTRIAL TRAINING CENTER, INC.
RECITALS
WHEREAS, a major consideration for businesses deciding where to locate new or
expanded enterprises is the availability of workers with the proper knowledge and skill set.
WHEREAS, §504.305, Texas Local Government Code authorizes expenditures on job
training by the City of Port Arthur Section 4A Economic Development Corporation ( "PAEDC ")
if the PAEDC Board finds the expenditure to be "required or suitable for the promotion of
development and expansion of business enterprises and other enterprises.... ".
WHEREAS, the City of Port Arthur, Texas (the "City ") on behalf of the PAEDC
prepared an Invitation to Bid dated June 16, 2010, to secure sealed bids for industrial skills
training services.
WHEREAS, K's & D's Industrial Training Center, Inc. ( "K's & D's ") submitted a bid in
response to the Invitation to Bid for the provision of industrial skills training services and was
the sole bidder.
WHEREAS, PAEDC has determined that K's & D's has developed a program of
services in the area of construction skills that meet the instructional and curriculum requirements.
WHEREAS, K's & D's will identify and train 15 applicants in its training program after
it has received authorization from the PAEDC and the City Council.
WHEREAS, PAEDC and K's & D's set forth in this Agreement the terms and
conditions for PAEDC to provide funds for the industrial skills training by K's & D's for entry-
level construction trades.
NOW THEREFORE, the parties agree as follows:
AGREEMENT DATES
AGREEMENT START DATE
1. This Industrial Skills Training Services Agreement ( "Agreement ") is entered into
with an effective date after the final approval of the City Council and the execution of this
Agreement by a duly authorized representative of K's & D's.
•
AGREEMENT END DATE
2. This Agreement expires on , 20, unless extended by the mutual
written agreement of the parties.
PARTIES
3. PAEDC located at 4173 -39 Street, Port Arthur, Texas 77642, is a not for profit
corporation. It is duly authorized to do business in the State of Texas under Chapter 504, Texas
Local Government Code, its Board of Directors has approved this Agreement, and this
Agreement has been duly authorized by Resolution of the City Council. As so authorized and as
provided by the PAEDC bylaws, the President and Secretary of the PAEDC Board have the
authority to execute this Agreement.
4. K's & D's Industrial Training Center, Inc., 2233 Bayou Drive, Port Arthur, Texas
77640 -1780, and its duly authorized representative for purposes of this Agreement is Kevin
Thomas, Sr.
CONDITIONS PRECEDENT
5. This Agreement has no legal consequences unless and until both the Board of
Directors of the PAEDC and the City Council approve this Agreement in its final form.
• PROMISED PERFORMANCE
6. The parties agree to perform as follows.
(a) PERFORMANCE BY PAEDC
(1) Funding in the amount of $40,500 is allocated to K's & D's subject to the
approval of the City Council.
(2) For the industrial skills training, K's & D's will be paid $2,700 per trainee
with the allocation of training costs to be paid in accordance with the
schedule attached hereto as Exhibit "A" which allocates the $2,700 per
applicant cost between training and placement services required under this
Agreement.
(b) PERFORMANCE BY K'S & D's
(1) K's & D's shall provide the necessary training on its business premises,
which is under the care, custody and control of K's & D's and provide
the Training as hereinabove described.
(2) K's & D's shall train 15 applicants into the Programs and provide the
course of curriculum as herein described to provide industrial skills
training including workplace skill and technical skill programs to provide
&782533 Page2
the applicants with skill sets necessary for employment in entry-level
construction trades (pipefitting, boilermaker, electrician, instrumentation,
etc.).
(3) K's & D's shall provide the funding for all additional costs of the
Programs including faculty costs, promotion, advertising and
administrative charges necessary to manage, coordinate and administer
the Programs.
(4) K's & D's shall provide PAEDC with a record of classes offered for
entry-level training identified herein, the number of students completing
each training class, as far as it is allowed by law or regulations to do so,
identify Port Arthur residents who have accessed the training classes.
Additionally, it will provide any documentation requested by the City of
Port Arthur.
(5) K's & D's instructors must be National Center for Construction
Education and Research (NCCER) certified.
(6) K's & D's will be responsible to recruit a pool of potential students.
(7) K's & D's shall provide PAEDC with a list of students. Students must be
from Port Arthur and provide proof of their residency.
(8) K's & D's will provide certificates to students after completion.
(9) K's & D's shall provide students with job placement and TWIC cards
that's necessary to access locations such as refineries.
(10) K's & D's shall provide any documentation requested by the PAEDC.
(11) K's & D's shall provide criteria for selecting students and class schedule
for training (which will include eighty -four hours of classroom and
hands -on- training). Seventy -two hours in the classroom and twelve hours
physically operating equipment.
(12) K's & D's is required to give each student two drug test during the
training session,
PAEDC'S CONDITIONAL OBLIGATIONS AND LIMITED LIABILITY
7. The PAEDC or the City, at its sole option, may terminate this Agreement for
nonperformance or failure to comply with the terms of this Agreement. 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 K's & D's or to
#782533 Page 3
any third parties for failure to make payments to K's & D's under the terms and conditions of
this Agreement.
8. The PAEDC's sole liability /obligation shall be to K's & D's and shall be limited
to the funding for the Programs detailed in this Agreement. The PAEDC shalt not be liable, in
contract or otherwise, for any expense, expenditure or cost incurred by or on behalf of K's & D's
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 K's & D's.
10. Upon written request, K's & D's shall provide reports to the PAEDC or the City.
11. Upon written request, K's & D's 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
12. 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, and the City Council.
13. 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.
TERMINATION FOR CAUSE OR CONVENIENCE
• 14. If, through any cause, K's & D's shall fail to fulfill in a timely and proper manner
his obligations under this Agreement, or if K's & D's shall violate any of the covenants,
agreements or stipulations of this Agreement, the PAEDC shall thereupon have the right to
terminate this Agreement by giving written notice to K's & D's of such termination and
specifying the effective date thereof, at least fifteen (15) days before the effective date of such
termination. Notwithstanding the above, K's & D's shall not be relieved of liability to the
PAEDC for damages sustained by the PAEDC by virtue of any breach of the Agreement by K's
& D's, and the PAEDC may withhold any payments to K's & D's for the purpose of set-off until
such time as the exact amount of damages due the PAEDC from K's & D's is determined.
15. The PAEDC may terminate this Agreement at any time giving at least thirty (30)
days notice in writing to K's & D's. If the Agreement is terminated by the PAEDC as provided
herein, K's & D's will be paid for the service that it has performed up to the termination date. If
this Agreement is terminated due to fault of K's & D's, the previous paragraph hereof relative to
termination shall apply.
#782533 Page4
ORAL AND WRITTEN AGREEMENTS / PRIOR AGREEMENTS
16. 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 reduced to writing and are contained in this Agreement.
17. The Invitation to Bid is attached hereto as Exhibit "B" and made a part of this
Agreement for all purposes and constitutes performance required by K's & D's in accordance
with this Agreement.
VENUE
18. For purposes of litigation that may accrue under this Agreement, venue shall be
Jefferson County, Texas, where substantially all the performance will occur.
UNDOCUMENTED WORKERS
19. K's & D's and any branch, division or department of K's & D's 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." K's & D's
acknowledges that it has reviewed Chapter 2264, Texas Government Code, attached hereto as
Exhibit "C" and made a part hereof for all purposes and hereby affirmatively agrees by
execution of this Agreement to repay the amount of any grant with interest at the rate of ten
(10 %) percent per annum not later than the 120 day after the date PAEDC notifies K's & D's of
a violation. K's & D's acknowledges PAEDC may bring a civil action or cover any amounts
owed under this Chapter and further acknowledges that PAEDC may recover court costs and
reasonable attomeys' fees incurred in an action brought under §2264.101(a). K's & D's is not
liable for a violation of this Chapter by a subsidiary, affiliate or franchisee of K's & D's or by a
person with whom K's & D's contracts.
SUBCONTRACT
20. K's & D's shall not execute any agreement with any subcontractor or permit any
subcontractor to perform any of the work included in this Agreement unless he has received from
the PAEDC and the City written approval for such engagement of subcontractors.
INSURANCE
21. All insurance must be written by an. insurer licensed to conduct business in the
State of Texas, unless otherwise permitted by PAEDC. K's & D's shall, at his own expense,
purchase, maintain and keep in force insurance that will protect against injury and/or damages
which may arise out of or result from operations under this Agreement, whether the operations
{ be by himself or by any subcontractor or by anyone directly or indirectly employed by any of
them, or by anyone for whose acts any of them may be liable, of the following types and limits.
08I533 Page
NOTICE TO PROCEED
22. Notice to Proceed shall be issued within ten (10) days of the execution of the
Agreement by PAEDC. Should there be any reasons why Notice to Proceed cannot be issued
within such period, the time may be extended by mutual agreement between PAEDC and K's &
D's.
CELL PHONE OR PAGER
23. K's & D's must have a working cell phone or pager available Monday through
Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact K's & D's.
CONFLICT OF INTEREST DISCLOSURE
24. K's & D's shall comply with the Conflict of Interest Policy referenced in the
Invitation to Bid and shall execute a Vendor Conflict of Interest Questionnaire attached hereto as
Exhibit "D ".
ETHICS
25. K's & D's shall not offer or accept gifts or anything of value nor enter into any
business arrangement with any employee, official or agent of the PAEDC or the City.
ADDRESS OF NOTICE AND COMMUNICATIONS
26. The following shall be the addresses for all notices and communications to be
provided for under this Agreement:
City of Port Arthur 4A Economic Development Corporation
4173 39 Street
Port Arthur, Texas 77642
ATTN: Floyd Batiste, Chief Executive Officer
K's & D's Industrial Training Center, Inc.
2233 Bayou Drive
Port Arthur, Texas 77640 -1780
Attn: Kevin Thomas, Sr.
CAPTIONS
27. 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 detennine its
interpretation or application.
A7g2533 Page
ATTORNEY APPROVALS
APPROVED AS TO FORM:
Guy Goodson, Legal Counsel for PAEDC
VERIFIED AS CONSISTENT
WITH CITY COUNSEL RESOLUTION: Resolution Number:
City Attomey
AGREEMENT EXECUTION
CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION
SIGNED AND AGREED TO on the day of , 2010.
By: By:
President Secretary
{
Witness Witness
•
#782533 Page 7
K'S & D'S INDUSTRIAL TRAINING CENTER, INC.
SIGNED AND AGREED TO on the day of , 2010.
B
Witness
8782533 Page8
40,500.00 TOTAL GRANT AMOUNT
15.00 NUMBER OF STUDENTS
2,700.00 COST PER STUDENTS
0.70
1,890.00 TOTAL TRAINING COST PER STUDENT
810.00 TOTAL PLACEMENT COST PER STUDENT
1,890.00 TOTAL TRAINING COST PER STUDENT PER STUDENT TOTAL
ENROLLMENT 472.50 7,087.50
COMPLETION OF 50% OR MORE OF TRAINNG 756.00 11,340.00
OBTAIN CERTIFICATE 661.50 9,922.50
810.00 TOTAL PLACEMENT COST PER STUDENT PER STUDENT TOTAL
WAGES LESS THAN $8,000 BUT > $1.00 243.00
WAGES EARNED WITHIN 6 MONTHS => $8,000 810.00 12,150.00
YES NO
IS CLIENT STILL WORKING AFTER 6 MONTHS
IF NO WHY NOT
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For Vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by 11.13. 1491, 80 Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship
as defined by Section 176.001 (1 -a) with a local governmental entity and the person meets requirements under Section 176.006 (a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7 business
day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government
Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this
section is a Class C misdemeanor.
1. Name of person who has a business relationship with local governmental entity.
2. Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than
7 business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3. Name of local a government officer with whom filer has employment or business relationship.
Name of Officer
This section (item 3 including subparts A, B, C, & 0) must be completed for each officer with whom the filer has an employment
or other business relationship as defined by Section 176.001 (1 -a), Local Government Code. Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
one, f r o m the 1 f the questionnaire?
Yes No
1 B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the
direction of the local government officer named in this section AND the taxable income is not received from the local
I - mmental enti{ °
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government
.er serves as icer or director, or holds an ownership of 10 percent or more?
Yes No
D. Describe each employment or business relationship with the local government officer named in this section.
4.
Signature of person doing business with the governmental entity Date _
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