Loading...
HomeMy WebLinkAboutPR 18765: EDC, TEAM FABRICATORS, LLC interoffice MEMORANDUM To: Mayor, City Council, and City Manager a From: Valecia R. Tizeno, City Attorney ( , Date: December 19, 2014 Subject: P.R. No. 18765 P.R. No. 18765 is a request to approve a community pre- employment agreement between the City of Port Arthur and Team Fabricators . The City previously approved Resolution No. 14-568 to allow funds up to $156, 000 to be used for training wage reimbursements to Port Arthur residents . A copy of the resolution is attached hereto. The Resolution is requesting authorization to enter into a pre-employment agreement with Team Fabricators LLC. According to the PAEDC' s Community Pre-Employment Program (CPEP) guidelines attached as Exhibit "A" , "Following approval of the application, PAEDC will issue an award letter and a contract to the company. " Upon review of the agreement, it appears to be a Pre-Employment Work Agreement to be completed and signed by the PAEDC, employee, and site employer. Also, in the Application Form also attached as Exhibit "A" , it states under Certification & Release of Information in the second paragraph that "Furthermore, I am aware that financial assistance is not available until an agreement is executed within a reasonable time period following approval . " In order to reimburse Team Fabricators in the amount of $156, 000, a contractual agreement between the PAEDC and Team Fabricators must be approved and executed setting forth the terms it must comply with in order to receive the reimbursement . s.A r18765 memo P.R. No. 18702 11/4/2014 RESOLUTION NO. /4-56C5 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE SOUTHEAST TEXAS WORKFORCE DEVELOPMENT BOARD AND THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO CREATE AN OCCUPATIONAL JOB TRAINING PROGRAM TO IMPROVE THE SKILL SETS OF INDIVIDUALS FOR JOBS IN HIGH- DEMAND OCCUPATION WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation (the "PAEDC") Board of Directors is dedicated to improving the quality of life of Port Arthur residents who lack skills to qualify for permanent employment; and WHEREAS, the Memorandum of Understanding establishes a cooperative working relationship between the Southeast Texas Workforce Development Board dba Workforce Solutions Southeast Texas (the "Board") and PAEDC in order to work together to support the Texas Workforce Commission's High Demand Job Training program; and WHEREAS, welding is considered a "high demand occupation" in the Southeast Texas Workforce Development area; and WHEREAS, it is estimated up to twenty-four (24) Port Arthur residents will be trained in welding occupations based on this partnership between PAEDC and the Board; and WHEREAS, PAEDC will use local economic development sales tax funding to match the Board on a dollar-for-dollar for job training in an amount up to $75,000 per year; and WHEREAS, PAEDC will also use pre-employment training monies for training wage reimbursements to Port Arthur residents in an amount up to $156,000; and 1 WHEREAS, Team Fabricator, Inc. of Port Arthur will provide a full time welding instructor onsite and contribute approximately $122,040.00 toward the welding training program pursuant to the Training 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 preamble opinions in the reamble are true and correct. Section 2. That the City Council approves the Memorandum of Understanding between PAEDC and the Board and authorizes PAEDC to match the Board on a dollar for dollar basis in an amount up to $75,000.00. Section 3. That the City Council further approves PAEDC using pre-employment training monies for training wage reimbursements in an amount up to $156,000. Section 4. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. // 1� READ, ADOPTED AND APPROVED on this /I — day ofd' .)_ A.D., 2014, I at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: !� mayor .,)2� Q- % ' l - Aisi- 0�� .)1120'Y) 9 , Councilmembers 4 ) //6)21.-0A.)-- 1220;) , NOES: UL_)61)/_61 . , ' / /� �se/ gfr Deloris "Bobbie" Prince, Mayor #1126631 Paget ATTEST: Sherri Bellard, City Secretary APPROVED: Floyd Batiste, PAEDC CEO APPROVED AS TO FORM: czi;/-\ Guy N. Goodson, PAEDC Attorney APPROVED AS TO FORM: \CCa- 0 Valecia R. Tizeno, C'I Attorney #1126631 Page3 1 MEMORANDUM OF UNDERSTANDING BETWEEN WORKFORCE SOLUTIONS SOUTHEAST TEXAS AND PORT ARTHUR ECONOMIC DEVELOPMENT CORPORTATION I. Purpose The purpose of this agreement is to establish guidelines for a cooperative working relationship between the Workforce Solutions Southeast Texas and Port Arthur Economic Development Corporation (PAEDC) to support the Texas Workforce Commission's High Demand Job Training (HDJT) program. //� Both parties to this Memorandum of Understanding agree to the following stipulations: • Funds will be used to support the provision of-high dema d job training; i • Welding is considered a "high demand occupation" in the Southeast Texas Workforce Development area; • • Estimate up to twenty-four (24) individuals to be trained in welding occupations based on this partnership between th'e PAEDC and the,SETWD Board; • Funds provided to the PAEDC will be used to match local economic development sales tax funding for job training, on`a dollar-for-dollar basis, up to$75,000 per year; •• Funding under this grant may not be used for,administ`rative costs. �\ �% // \ � • • No funds received under WIA will be used to assist,promote or deter union organizing; • Awardee-must comply•With the nondiscrimination provisions of WIA § 188 (29 U.S.C. § / 938). \ v • \,None of the fundmade available by WIA may be awarded or obligated to the Association of Community Organizations for Reform Now, or any of its affiliates, subsidiaries, or allied organizations; and `\ • II. Responsibilities 9/ Workforce Solutions hereby agrees to: • Determine Basic WIA eligibility on all participants considered for HDJT prior to a participant receiving any services funded with grant funds. • Maintain confidential eligibility documentation files for each participant receiving services. • Provide quarterly reports to the Texas Workforce Commission using an Agency-provided format; Port Arthur Economic Development Corporation hereby agrees to: • Designate a contact person(s) to ensure the effective coordinated exchange of information for the smooth operation of agreement activities. • Exchange documentation, data, and information as necessary to further the purpose of this agreement. IV. Confidentiality of Information All application information submitted is subject to and will be handled in accordance with the Texas Public Information Act, Government Code, Chapter 552. This Act allows the public to m r al body. Therefore, any the possession of a overn e t have access to information t p g Y Y confidential or proprietary information contained within an"pplication must be clearly identified by the Applicant in the application itself. Proprietary information identified by the Applicant in advance will be kept confidential by the Agency to the tent permitted by state law. V. Assurances/Disclosures • PAEDC assures that grant funds will not.be used to encourage oHnduce relocation or for customized or skill training or related activities after relocation; • Assures compliance with Texi boyernment Code;Chapter 2264; Workforce Solutions Southeast Texas does not-war at or imply that the data provided has been verified as accurate and correct beyond what'has been entered into the WIT system by job seekers. It is the sole responsibility of the,end user to verifyor4validate'the accuracy of the data provided. VI. Agreement Period • This agreement shall commence on the date it is executed and shall remain in effect until terminated upon 30-da ys written notice by either party. N Agreed to'by:\ A N Marilyn Smith, Executive-Director Date Workforce Solutions, Sout heast Texas Floyd Batiste, Chief Executive Officer, PAEDC Date PR No. 18765 December 4, 2014 kvm RESOLUTION NO. A RESOLUTION APPROVING A COMMUNITY PRE- EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND TEAM FABRICATORS, LLC IN AN AMOUNT NOT TO EXCEED $156,000 FOR THE TRAINING OF TWENTY-FOUR (24) PORT ARTHUR RESIDENTS WHEREAS, the Texas Legislature passed House Bill 1967 during the 83`d Legislative Session which amended Chapter 501 of the Local Government Code by adding §501.163; and WHEREAS on December 2, 2013, the City of Port Arthur Section 4A Economic Development Corporation ("PAEDC") Board of Directors approved the program guidelines for the Community Pre-Employment Program as shown in Exhibit "A"; and WHEREAS, on January 27, 2014, the Port Arthur City Council (the "City Council") approved PAEDC implementing a Community Pre-Employment Program for residents of the City of Port Arthur; and WHEREAS, On November 11, 2014, per Resolution No. 14-568, the City Council approved PAEDC entering into a Memorandum of Understanding with the Southeast Texas Workforce Development Board dba Workforce Solutions Southeast Texas ("Workforce Solutions") to utilize local economic development sales tax funding to match Workforce Solutions on a dollar-for-dollar basis in an amount up to $75,000 per year to create an occupational job training program to improve the skills sets of individuals for jobs in high demand; and 1 WHEREAS, per Resolution No. 14-568, the City Council also approved PAEDC utilizing pre-employment training monies for training wage reimbursements for Port Arthur residents trained through this high demand occupational job training program in an amount not to exceed $156,000; and WHEREAS, the PAEDC Board of Directors, at their December 1, 2014 regular Board meeting, approved entering into a Community Pre-Employment Agreement with Team Fabricators, LLC of Port Arthur for the creation of a job training program to train up to twenty- four (24) Port Arthur residents for higher level welding occupations in an amount not to exceed $156,000; and WHEREAS, the City Council authorizes PAEDC entering into a Community Pre- Employment Agreement with Team Fabricators, LLC attached hereto as Exhibit "B" for an amount not to exceed $156,000 for the training of twenty-four Port Arthur residents. 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 authorizes PAEDC entering into a Community Pre-Employment Agreement with Team Fabricators, LLC for an amount not to exceed $156,000 for the training of twenty-four Port Arthur residents. 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., 2014, at a Meeting of the City Council of the City of Port Arthur, Texas,by the following vote: AYES: #1136086 Page 2 Mayor Councilmembers NOES: Deloris "Bobbie" Prince, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED: Floyd Batis e, PAE C CEO APPROVED AS TO FORM: IP' OF Guy N. Goodson, PAEDC Attorne APPROVED AS TO FORM: 5 ec Valecia R. Tizeno, City Attorney #1136086 Page 3 APPROVED AS TO AVAILABILITY OF FUNDS: Deborah Echols, Director of Finance #1136086 Page 4 EXHIBIT " A " Port Arthur Economic Development Community Pre-Employment Program (CPEP) Overview: The purpose of the Community Pre-Employment Program (CPEP) is to connect talented Port Arthur residents with existing and emerging petrochemical, advanced manufacturing, warehousing, recycling, and information technology companies in the Southeast Texas Region. The goal is to provide a substantial pre-employment experience in Southeast Texas targeted industries with an emphasis on small to mid-size companies. Eligibility: Southeast Texas-based companies with fewer than 500 employees per location are eligible. The company must be engaged in one of the targeted industries of petrochemical, warehousing, recycling, advanced manufacturing or information technology as defined by the NAICS codes. Companies engaged in retail sales or health services are ineligible. The applicant's pre-employment training may last a maximum of 36 weeks, not exceeding 40 hours per week. The fiscal year runs from October 1st—September 30th. Residents who are immediate family members of the company's management, employees or board members are not eligible. Awards and Spending Guidelines: Awards are available up to $6,500 for a single pre- employment trainee. Following approval of the application, PAEDC will issue an award letter and a contract to the company. The award is managed on a reimbursement basis. All expenditures under the award must be supported with payroll or other appropriate documentation. Funds can only be used for reimbursement of wages during the designated pre- employment period. Reporting: PAEDC requires the approved company to write a final report about the pre- employment experience. The company will receive its last award disbursement upon receipt of this report. Application submittal and selection: To apply for program funds, a company should submit an application for Community Pre-Employment Program to the Port Arthur Economic Development Corporation. The board may approve, defer or deny any application. APPLICATION FORM PART 1: APPLICANT INFORMATION Company Name: Doing Business As (DBA): Street Address: City: State: Zip Code: County: Contact Person: Telephone Number: Email Address: Federal ID Number: NAICS Code: (North American Industry Classification System) Industry Sector: Total Number of Local Employees: Company Website: Provide a brief history of the company(Maximum of 3 typed lines) Has your company employed interns in the past?If yes, when(date) How many years has the company been in business? How did you hear about the program? Certification & Release of Information: I understand that all information submitted to PAEDC related to this application is subject to Texas's Open Record Law. I understand this application is subject to final approval by Board of Directors of the PAEDC and the Project may not be initiated until final approval is secured. I understand that PAEDC Board of Directors reserves the right to negotiate the financial assistance. Furthermore, I am aware that fmancial assistance is not available until an agreement is executed within a reasonable time period following approval. I hereby certify that all representations, warranties or statements made or furnished to PAEDC in connection with this application are true and correct in all material respect. I understand that it is a criminal violation under Texas law to engage in deception and knowingly make, or cause to be made, directly or indirectly, a false statement in writing for the purpose of procuring economic development assistance from Port Arthur Economic Development Corporation. For the Business: Name: Date: Title: PART 2: Pre-Employment Description It is preferred that the trainee be involved in a substantive experience in one or more of the following areas: research and development; engineering; process management and production; product experimentation and analysis; product development; market research; business planning and administration. If applying for two different pre- employment trainees, all questions must be answered on the same application for each pre- employment position. The job description needs to be provided even if a pre-employment trainee has not been selected. If you have multiple trainees hired for the same position then mark Opportunity#2 as "same". Pre-employment Opportunity #1: Pre-employment Title: Job Description: Date of pre-employment (max 36 weeks/calendar year): from through How many weeks is the pre-employment? The trainee can work a maximum of 36 weeks during the calendar year. How many hours per week will the trainee work? Location: Name and email address of the company representative who will train and supervise thePre- Employment Trainee: Pre-employment Opportunity #2: Pre-employment Title: Job Description: Date of pre-employment (max 12 weeks/ calendar year): from through How many weeks is the Pre-employment? The trainee can work a maximum of 12 weeks during the calendar year. How many hours per week will the trainee work? Location: Name and email address of the company representative who will train and supervise the Pre- Employment Trainee: EXHIBIT " B " Port Arthur Economic Development Corporation Pre-Employment Work Agreement This agreement is intended to provide details and responsibilities for the parties involved in a Pre-Employment Work arrangement. The Site Employer will need to provide the workers compensation number to Port Arthur Economic Development Corporation (PAEDC) so that workers compensation coverage will be provided by the Site Employer. The Site Employer will distribute funds to the PAEDC Pre-employment Employee in accordance with the Employer payroll schedule, maintain Worker's Compensation Insurance for the PAEDC Pre-Employment Employee, withhold all applicable taxes and deposit all taxes withheld to the appropriate taxing authority and will resolve paycheck issues that may arise with the PAEDC Pre- Employment Employee. PAEDC Pre-Employment Employee Information Legal Name: Mailing Address: City, State & Zip Code Phone Number Social Security Number Date of Birth Site Employer Information Site Employer Name Employee Supervisor Name Job Title Industry Job Duties (Can Provide Job Description) Position Worker's Compensation Site Employer Worker's Compensation Number: Number: Worksite Email Worksite Phone Worksite Address Start Date End Date Total Hours Authorized Page 1 ---- - Port Arthur Economic Development Corporation Hourly Rate of Pay: Work Schedule (Example: M-F, 8 AM -4 PM) PAEDC Contact Information PAEDC Contact Name PAEDC Contact Phone (409) 963-0579 PAEDC Contact Email PAEDC Purchase Order Number kvill arre al @p ae dc.org By signing the agreement each party agrees to abide by the following rules and responsibilities. Employee • Will immediately notify the site employer if he/she has any medical emergency or illness. • Will abide by workplace rules as specified in this agreement and any additional workplace rules as identified by the site employer. • Will arrive on time and be ready for work. • Will participate in work activities limited to the start/end date specified and the schedule included on this form. If a schedule change is made, PAEDC requires notice of the schedule change. • Report earnings to any agency from which he/she receives economic assistance. • Understands that this is not a permanent position and can be terminated by any party at any time. • Written notice will be provided to the Site Employer if the PAEDC wishes to terminate this agreement prior to the end date. A minimum of 5 days notice is strongly suggested. The Site Employer • Will complete this agreement and provide related forms and documents to the employee. • Will provide a written position description (if available) and is responsible for providing a training opportunity to the employee in a manner consistent with all employees. • Will monitor the work site and insure workplace rules are followed. Page 2 Port Arthur Economic Development Corporation • Will provide services and a monthly report to PAEDC meeting the technical specifications. • Will notify PAEDC immediately of changes to the schedule, agreement, or worksite circumstances. • Will verify wages are prevailing and commensurate wages/ benefits paid by the employer to other individuals performing the same or similar work. • Will verify work hours on a weekly basis to PAEDC. • Will provide work activity limited to the start/ end date specified and the schedule included on this form corresponding to the total hours authorized. If a schedule change is made, PAEDC requires notice of the schedule change. • Internship/ Temporary Work arrangements cannot be used to replace current employees and cannot result in others having reduced hours. • Understands that this is not a permanent position and can be terminated by any party at any time. PAEDC Representative • Will authorize Temporary Work Service, process referral. • Will process agreement, documentation, authorize fees and wages for Employer of Record service. • Will monitor worksite and respond to requests for changes as needed in agreement, schedule, wages or circumstances. PAEDC Representative Signature Date Signed Pre-Employment Employee Signature Date Signed Site Employer Signature Date Signed Page 3