HomeMy WebLinkAboutPR 17712: EDC ON-THE-JOB TRAINING CONTRACT WITH BOD ENVIRONMENTAL Interoffice
MEMORANDUM
To: Mayor, City Council, Acting City Manager gy p„ a:> ))
From: Floyd Batiste, CEO CS Con �bab
Date: June 5, 2013
Subject: P. R. No. 17712; Council Meeting on June 11, 2013
A RESOLUTION AUTHORIZING THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION TO ENTER INTO AN ON- THE -JOB
TRAINING CONTRACT WITH BOD ENVIRONMENTAL
FOR REIMBURSEMENT OF 50% OF THE TRAINING
COST FOR PORT ARTHUR RESIDENTS NOT TO EXCEED
$16,500
P.R. No. 17712
6/4/13 pr
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION TO ENTER INTO AN ON- THE -JOB
TRAINING CONTRACT WITH BOD ENVIRONMENTAL
FOR REIMBURSEMENT OF 50% OF THE TRAINING
COST FOR PORT ARTHUR RESIDENTS NOT TO EXCEED
$16,500
WHEREAS, on June 3, 2013 the City of Port Arthur Section 4A Economic Development
Corporation ( "PAEDC ") Board of Directors approved entering into an On- the -Job Training
Contract with BOD Environmental ( "BOD "), as defined in the Contract attached hereto as
Exhibit "A" for a dollar amount not to exceed $16,500; and
WHEREAS, said Port Arthur residents will be employed by BOD, the On- the -Job
Training Contract is to reimburse BOD for 50% of the hourly training costs upon the provision
of proper documentation; and
WHEREAS, BOD will provide entry -level industrial skills training to ten (10) Port
Arthur residents according to the position Fact Sheet and Job Matrix included in Exhibit "A ";
and
WHEREAS, the On- the -Job Training Contract between PAEDC and BOD will provide
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.
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's allocation of funds not to exceed
$16,500 training reimbursement to BOD Environmental as specified in the On- the -Job Training
Contract 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., 2013,
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, City Secretary
APPROVED:
Floyd Batiste, PAEDC CEO
#1001058 Page 2
APPROVED AS TO FORM:
f
Guy N. Goodson, PAEDC At orney
APPROVED AS TO FORM:
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alecia RI Tizen , City ttorneV
#1001058 Page 3
Exhibit "A"
ECONOMIC DEVELOP SENT CORPORATION
EMPLOYER
PORT ARTHUR ECONOMIC DEVELOPMENT I
l am; - �._ C ORPORATION
Vame: BOD Environmental Dame Port Arthur EDC
Address. 9501 Jade Ave. Address 4173 39 Street
:tj ST, Zip: Port Arthur, TX 77640 City, ST, Zip: Port Arthur, TX 77642
Phone: 409 - 736 -1000 Fax: 409 - 736 -1005 Phone: 409 - 963 -0579 Fax 409 - 962 -4445
Contact: Bill Shafer .Contact: Floyd Batiste
This contract is entered into between the Port Arthur Economic Development Corporation and the Employer: BOD
Environmental. 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 $1,650 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).
Page 1 of 4
• 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 Kimberly Fleming
Policy Number: Expiration Date: Phone Number:
20120928 9/20/13 281- 910 -4725
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.
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.
Page 2 of 4
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 $16,500.00 during the agreed upon training period.
Reimbursement may not occur for paid holidays, overtime, sick pay, vacation pay, or a period of leave. OJT /Subsidized
Employment may not exceed 8 hours a day or more than 40 hours per week. However, a trainee must work at least 40
hours during their first week of employment to qualify for reimbursement. If, for any reason, a trainee works less than 40
hours in a work -week please notify EDC staff.
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
Page 3 of 4
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