HomeMy WebLinkAboutPR 17451: EDC ON-THE-JOB TRAINING AGREEMENT WITH CLIMATE CONTROLLED CONTAINERS, LLC CITY OF PORT ARTHUR
Interoffice
MEMORANDUM
To: City Attorney's Office
From: Floyd Batiste, CEO ;
Date: December 26, 2012
Subject: P. R. No. 17451; Council Meeting on January 8, 2012
A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR
SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO
ENTER INTO A ON -THE -JOB TRAINING AGREEMENT WITH
CLIMATE CONTROLLED CONTAINERS, LLC FOR
REIMBURSEMENT OF 50% OF THE TRAINING COST FOR
PORT ARTHUR RESIDENTS NOT TO EXCEED $48,000.00 FOR
FISCAL YEAR ENDING SEPTEMBER 2013
Cc: City Council Members
City Manager
P.R. No. 17451
12/21/12 pr
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION TO ENTER INTO A ON- THE -JOB
TRAINING AGREEMENT WITH CLIMATE CONTROLLED
CONTAINERS, LLC FOR REIMBURSEMENT OF 50% OF
THE TRAINING COST FOR PORT ARTHUR RESIDENTS
NOT TO EXCEED $48,000 FOR FISCAL YEAR ENDING
SEPTEMBER 2013
WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation
(the "PAEDC ") Board of Directors in a joint Federal Grant Application with the City of Port
Arthur, Texas (the "City ") submitted to the U.S. Department of Commerce Economic
Development Administration ( "EDA ") agreed to a $250,000 job training grant for Port Arthur
residents to Climate Controlled Containers, LLC.; and
WHEREAS, per Resolution 12 -164, the EDA awarded a grant for retrofitting the
building located at 3451 57 Street in Port Arthur for use by Climate Controlled Containers,
LLC, which was accepted by the PAEDC and the City as shown in Exhibit "A "; and
WHEREAS, the On- the -Job Training Grant is to reimburse Climate Controlled
Containers, LLC for extraordinary costs associated with skills gap /upgrade training for full -time
Port Arthur residents employed by Climate Controlled Containers, LLC; and
WHEREAS, the On- the -Job Training Agreement between PAEDC and Climate
Controlled Containers, LLC will provide unique opportunities for Port Arthur residents to "learn
as they earn", and Port Arthur residents not only will acquire new skills and knowledge, but may
receive higher wages and benefits; and
I
WHEREAS, Climate Controlled Containers, LLC for the On- the -Job training project
shall be reimbursed only for Port Arthur residents' wages, not to exceed $2,400.00 per trainee
during the training period, while serving as a full -time employee; and
WHEREAS, PAEDC will reimburse Climate Controlled Containers, LLC 50% of the
hourly training costs which shall be one -half of the hourly wage scale upon the provision of
proper documentation; and
WHEREAS, PAEDC will allocate $48,000 of the $250,000 On- the -Job Training
commitment for fiscal year ending September 30, 2013, as specified in the Agreement attached
hereto as Exhibit "B ".
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 approves PAEDC allocation of $48,000 of the
$250,000 On- the -Job Training commitment to Climate Controlled Containers, LLC for fiscal
year ending September 30, 2013 as specified in the Agreement attached hereto as Exhibit "B ".
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., 2013,
at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
Mayor ,
Councilmembers ,
#972739 Page 2
■
NOES: •
Deloris "Bobbie" Prince, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED:
Floyd Batiste, PAEDC CEO
APPROV - : • S TO FORM:
o
O e
Guy N. Goodson, PAEDC Atto r —
APPROVED • S TO FORM:
4 Si .14
Valecia R. Tizeno, City At ey
#972739 Page 3
Exhibit "A"
r
FORM CD -450 U.S. DEPARTMENT OF COMMERCE
(REV 6 -08)
DAO 203 - 26 2 GRANT 0 COOPERATIVE AGREEMENT
FINANCIAL ASSISTANCE AWARD AWARD PERIOD
60 months from date of approval
RECIPIENT NAME AWARD NUMBER
PRIMARY RECIPIENT: City of Port Arthur 08 -01 -04764
STREET ADDRESS FEDERAL SHARE OF COST
444 4th Street $ 1,000,000.00
CITY, STATE, ZIP CODE RECIPIENT SHARE OF COST
Port Arthur, Texas 77640 -6450 $ 1,102,000.00
AUTHORITY TOTAL ESTIMATED COST
PWEDA of 1965, as amended (42 U.S.C. § 3121 et.seq.) $ 2,102,000.00
CFDA NO. AND PROJECT TITLE
11.300, Title II, Section 201, Public Works Assistance: Controlled Containers Manufacturing Center
BUREA FUND FCFY PROJECT -TASK ORGANIZATION OBJECT CLASS
20 1 40 I 12 00 08 41- 10 -00 -00
This Award approved by the Grants Officer is issued in triplicate and constitutes an obligation of Federal
funding. By signing the three documents, the Recipient agrees to comply with the Award provisions checked
below and attached. Upon acceptance by the Recipient, two signed Award documents shall be returned to
the Grants Officer and the third document shall be retained by the Recipient. If not signed and returned
without modification by the Recipient within 30 days of receipt, the Grants Officer may unilaterally terminate
this Award.
n Department of Commerce Financial Assistance Standard Terms and Conditions (March 2008)
7 Special Award Conditions
Line Item Budget
1 1 15 CFR Part 14, Uniform Administrative Requirements for Grants and Agreements with Insitutions of Higher
Education, Hospitals, Other Nonprofit, and Commercial Organizations
7 15 CFR Part 24, Uniform Administrative Requirements for Grants and Agreements to State and Local
Governments
OMB Circular A -21, Cost Principles for Educational Institutions
OMB Circular A -87, Cost Principles for State, Local, and Indian Tribal Governments
Ti OMB Circular A -122, Cost Principles for Nonprofit Organizations
148 CFR Part 31, Contract Cost Principles and Procedures
OMB Circular A -133, Audits of States, Local Governments, and Nonprofit Organizations
I/1 Other(s): EDA Standard Terms and Conditions for Construction Projects, Title II Public Works and Economic
Development Facilities and Economic Adjustment Assistance Construction Components (October 2007, as
amended December 13, 2007)
SIGNATURE OF DEPARTMENT OF COMMERCE GRANTS OFFICER TITLE DATE
C� � 1 -
Pedro R. Garza, Regional Director 3, 2 3 - 2 6 i 7 . .
TYPED NAME AND SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL TITLE DATE
John Comeaux, Acting City Manager
ADMINISTRATION /IPSG ELECTRONIC FORM
Exhibit "B"
' pfd '" c Q+. ARTHU
;. P .RTARTHUR QI4OMIC DEVELOPMENT CORPQRx:TION
1
EMPLOYER PORT ARTHUR ECONOMIC DEVELOPMENT
CORPORATION
Name. Climate Controlled Containers Vame Port Arthur EDC
Address. 6648 Gulfway Dr. Address 4173 39 Street 1
City, ST, Zip: Port Arthur, TX 77642 City, ST, zi Port Arthur, TX 77642
Phone: 409 - 963 -2137 Fax: 409 - 963 -1322 Phone: 409 - 963 -0579 Fax: 409 - 962 -4445
Contact: Contact:
Ken Broussard Floyd Batiste
PORT ARTHUR EMPLOYEE/TRAINEE (20)
Name: Occupation:
SS# Wage:
Vame: Occupation:
SS# Wage:
Vame: Occupation:
SS# Wage:
Name: Occupation:
SS# Wage:
Name: Occupation:
SS# Wage:
Name: Occupation:
SS# Wage:
Vame: Occupation:
SS# Wage:
Name: Occupation:
SS# Wage:
PAEDC- OJT - 200 -08
This contract is entered into between the Port Arthur Economic Development Corporation and the Employer, Climate
Controlled Containers, LLC. This contract must be completed and approved by the CEO of the Port Arthur Economic
Development Corporation prior to the hiring of the above listed Port Arthur Employee/Trainee.
The Employer agrees to hire the Port Arthur Employee /Trainee /s identified in this contract as a full -time regular
employee, and to provide training in the knowledge or skills essential to the full and adequate performance of the job
being trained for, as determined in the Training Information/Outline. In consideration for the extraordinary costs of
providing the training and additional supervision related to the training the Employer will be reimbursed at 50% of the
hourly rate not to exceed $2,400.00 per trainee.
The following terms and conditions will apply to this contract:
Port Arthur Employee/Trainee — This contract is to provide for the employment and/or training of the Port Arthur
Employee /Trainee identified in this contract. The Employer certifies that the Port Arthur Employee /Trainee was not
employed with the Employer prior to the start of the contract. Individuals funded under this contract will be provided
benefits and working conditions similar to those of other employees working similar length of time and doing the same
type of work. Former employees, relatives and in -laws of the employer are ineligible for enrollment under this contract.
Assurance of Non - Displacement — The Employer assures that:
• No employee has been dislocated from a job due to a relocation of the business. In the case of an employee
dislocation, at least 120 days will have elapsed since the date which the establishment commenced operations at the
new location. Currently employed workers will not be displaced by any trainee (including partial displacement
such as a reduction in hours of non - overtime work, wages or employment benefits).
• In accordance with the type of work conducted by the employer, employees are retained as appropriate for
substantially equivalent jobs, and length of employment is appropriate.
• The employer has not terminated the employment of a regular employee or otherwise reduced it's workforce with
the intention of filling the vacancy by hiring a trainee whose wages are subsidized, or the job is created in a
promotional line that will infringe in any way on the promotional opportunities of currently employed individuals.
Health & Safety Standards — Employer will ensure that Health and Safety Standards established under Federal and
State law, protecting the working conditions of employees, is equally applicable to the working conditions of the Port
Arthur Employee /Trainee.
Drug Free Workplace — Employer will ensure that a drug -free workplace is provided as required by the Drug -Free
Workplace Act of 1998.
Worker's Compensation Insurance — Employer will provide the employee - trainee with Texas Worker's Compensation
Insurance or comparable insurance. If the insurance policy expires within the training period of Port Arthur
Employee /Trainee, the Employer should inform the Port Arthur Economic Development Board of its renewal prior to the
expiration date. Failure to report/update information may nullify this contract.
Workers Compensation (or comparable) Insurance Carrier: Local Agent (Adjuster) Agency:
Texas Mutual FB Taylor
Policy Number: Expiration Date: Phone Number:
TSF0001202871 July 7, 2013 409 - 729 -5551
Equal Opportunity — Employer must provide employment without regards to race, creed, color, national origin,
disability, sex, age, political affiliation or beliefs, as prescribed by title VII of the Civil Rights Act of 1964 and the Age
Discrimination Act of 1967.
Use of Funds — Funds provided under this contract will not directly or indirectly be used for political purposes; in
support of any religious or anti - religious activity; or to promote, assist, or deter union organization.
PAEDC- OJT - 200 -08
Collective Bargaining Agreements — Employer assures that no activities, work or training under the agreement are in
conflict with the terms and conditions of an existing collective bargaining agreement.
Fees — Neither Party to the contract may charge a Port Arthur Employee /Trainee a fee for the referral or placement of the
Port Arthur Employee /Trainee under this contract.
Hiring of Undocumented Workers - The employer has not and will not knowingly employ an undocumented worker
(defined as an individual who, at the time of employment, is not lawfully admitted for permanent residence in the United
States, or is not authorized under law to be employed in that manner in the United States) as detailed in Texas
Government Code, §2264.001(4)." If, after receiving a public subsidy, the entity is convicted of a violation under 8
United States Code § 1324a(f) (relating to the unlawful employment of undocumented workers) the entity shall repay the
amount of the public subsidy with interest, at the rate provided under the contract issued pursuant to this offer or
application, within 120 days of receiving the notice of violation.
Time and Attendance Records — Employer must maintain original time /attendance records for each Port Arthur
Employee /Trainee for a period of at least 1 year or a longer period if any litigation or audit requires such.
Progress Reviews/Monitoring — the Port Arthur Economic Development Corporation representative will visit the
Employer work site during the training period to review and/or discuss employee progress.
Port Arthur Employee/Trainee Termination — In the event of problems with the Port Arthur Employee /Trainee, which
may lead to termination, the employer will initiate prompt communication with the Port Arthur Economic Development
Corporation representative. Termination of the Port Arthur Employee /Trainee prior to forty (40) hours of employment
(for any cause) will result in no reimbursement to Employer.
Training Reimbursements — This contract is written on a cost reimbursement basis. Employer reimbursement is up to
50% of the Port Arthur Employee /Trainee's wages not to exceed $48,000.00 during the agreed upon training period.
Reimbursement may not occur for paid holidays, overtime, sick pay, vacation pay, or period of leave. OJT /Subsidized
Employment may not exceed 8 hours a day or more than 40 hours per week.
Billing Procedures — Payment to Employer will be made within thirty (30) calendar days upon receipt of employee
payroll report that includes the following information:
• Full name, address, social security number, employee number ( if applicable), job title;
• Hourly wage paid during the training period;
• Total regular hours worked during the training period; and
• An evaluation of the trainee's progress according to training objectives.
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 Employer Representative
CEO Authorized Signature
Signature Date Signature Date
Typed/Printed Name Typed/Printed Name
Title of Program Agent Title of Authorized Representative
PAEDC -OJT- 200 -08