R2010-049 - 2010-04-26RESOLUTION NO. R2010-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A CONTRACT FOR WORKFORCE
DEVELOPMENT SERVICES WITH THE NORTHERN BRAZORIA COUNTY
EDUCATION ALLIANCE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for workforce development services with the
Northern Brazoria County Education Alliance, a copy of which is attached hereto as Exhibit
"A" and made a part hereof for all purposes, is hereby authorized and approved.
PASSED, APPROVED and ADOPTED this the 26 day of April, A.D., 2010.
�O�'yj �e.s!'
TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
CUNTRACT FOR SERVICES
NORTHERN BRAZORIA COUNTY EDUCATION ALLIANCE
SUSINESS RETENTION AND EXPANSION PROG
This Contract for Services (the "Contiract") dated April�, 2010 is made and entered in.to by
and between the Pearland Economic Development Corporation, a Texas corporation organized
and exis�ing under the Development Corporation Act of 1979, as amended frorn time to time {the
"PEDC"), and the Northern Brazoria County Educatian Alliance {NBCEA}.
RE CITALS
WHEREAS, the PEDC and tne NBCEA have desire ta enter into a performance based
contract to provide e�nployment training opportiznities for Pearland area employers and the
Northern Brazoria County Region;
WI�REAS, the role of the NBCEA is to serve exis�ing businesses witih employer dr�ven
training and certification to assure a capable, well trained work force for Pearland and the region
and the role of the PEDC has been to attract new businesses and create and r�tain pximary
employment in �he region;
WIIEREAS, economic development in Pearland has been characterized by rapid growth,
which has presented unique opportunities for a collaborative effort by the PEDC and the NBCEA
to work logether to enhance and expand the employment base of the City of Pearland;
WHEREAS, the parties hereto have determined that in order for the emplayment base of
the City to continue to grow and prasper, �e businesses of the City of Pearland must have the
oppartunity ta expand their operations and to create and/or xetain qualiry jobs as well;
WHEREAS, the NBCE�1 desires to serve the business community through acti�ities and
educational programs that wili enhance and strengthen the business climate in khe City of
Pearland and develop a well trained work force to meet the needs of industry;
WHEREAS, the purpose of the PEDC is to encourage the development and use �f
commercial resources and basic job creation and retention within the City of Pearland, the PEDC
has determined that it is in the best interest o� the public and the City of Pearland to enter into
this Contract with the NBCEA whereby the NBCEA wiIl provide certain services for those
purposes to the PEDC as stated below;
WIIEREAS, the NBCEA agrees to provide the services outlined below subject to the
conditions hereinafter set forth and for the consideration e�pressed far the puzpose of assisting
the PEDC in retaining and promoting exist�ng businesses and de�e�oping a well trained and
quality work force wii�hin the City of Pearland;
WHEREAS, tke parties acknowledge that funding for this Agreement shall come from
A-B tax proceeds and that said funds must be utilized in conformance with the terms of the
Development Corporation Act.
Page 1 of 7
NOW, THEREFORE, for and in consideration of the above recitals and the terms,
conditions and requirements hereinafter set forth, the �'arties agre� as fol�ows:
NBCEA RESPONSIBILITIES:
1. On or before January l, each year of this agreement, prepare anc� submit to the PEDC
Board, for its review, an itemization of proposed expenditures of the PEDC funds
received pursuant to t1�is Agreement. Within 90 days fQllowing the end of NBCEA's
fiscal year, NBCEA s�all provide the PEDC with a complete fivancial audit completed
by a quali�ied independent certified public accountant.
2, NBCEA shall rnaintain alI funds provided by t1�e PEDC in a separate accou�t and shall
not co-mingle the PEDC funds with other NSCEA fiinds.
3. NBCEA shall provide a quarterly accounting to the PEDC detailing the NBCEA's use of
the PEDC fi�nds.
4. Provide certain Services to the PEDC in con.z�ectian with the adzninist�ation and
implementa#ion of the NBCEA's Work Force Training Initiative listed an Attachrnae�at A
{"Scope of Services").
PEDC RESPONSIBILITIES:
In consideration for NBCEA's Scope of Services, the PEDC shall compensate NBCEA in
the amount of $20,000.00 per �nonth ("Co�tract Amount") , commencing for a twelve
month period beginning Apri� I, 2010 through March 31, 2011 (Contract Year").
Paynr�ent for services rendered by the NBCEA shall be paid by the PEDC on or before the
first busin�ss day of each month, beginning with the first mant}� following the adop�ion
of this Agreement. On or before Sep#ember 1, 2010 the PEDC sha11 review the NBCEA's
funding commitments as provided in paragraph number 4 of the Scope of Services, and
shall be e�►titled to reduce the Contract Amount by up to $60,�OO.OQ in the Iast three
mont}�s of the Contract Year.
GENERAL PROVISIONS:
The term of this Contract shall b� for a 12 month period beginning April 1, 2010,
concluding March 31, 2011. Subject to annual review and appraval by all of �he Parties
hereto, the Contract may be extended by mutual written agreement. Either Party shall
have the right to cancel this Contract by praviding ninety (90) days wr�tten notice ta the
other pursuant ta the terms of Paragraph 7 below.
Page 2 of 7
2. Default by any of the Parties shall be a result of a failure to perform andlor complete all
or part of the Parties' respective obligations as specified within this Contract. Upon the
event of a defattlt, the non-defaulting party shalI notify the defaulting party in writing that
a default lzas occurred. Upo� receipt of such natification, the defaulting party shall have
a period of Yhirty {30) days witivn which to cure the default. If the default is not timely
cured, the non-defaulting party may declare this Contract tei�nninated and, ftam the date
of such declaration, shall not incur liability £or non-performance, unless the parties agree
in writing to extend the cure periad or to waive the default.
3. This Contract shall inure to the benefit af �he Partzes hereta. This Contract is nat and
shall not be assignable by the NBCEA witla�out the prior written consent of the PEDC,
which consent may be withheld by the PEDC in its sole and absolute discretion.
4. This Contt shal� be construed according to the laws of the State of Texas and is subject
to aIl provisions of Vernon's Ann. Civ. St. Art. 5190.6 wl�ich are incorporated herein by
reference for all purposes. In the event any provisian of this Con#ract is deteiznined to be
in conflict with Article 519Q.6, the provisions of Article 5190.6 shall prevail and the
PEDC shall incur no Iiability should Sl1CI1 conflic� be deemed to interfere with tl�e
PEDC's ability to perform the Cantract.
Except as expressly stated herein, the Contract and the Scape of Services (E�ibit A)
contain the entire agreement of the Par�ies
Contract may only be modified, amended
executed by all of the Parties hereto,
regarding the within subject matter. This
and/or re�aked by the written agreement
6. This Contract shall be governed by the laws of the State of Texas and is specifically
performable in Brazoria County, Texas.
7. Any notice required or permitted to be given under this Contract sl�al� be deemed
delivered by depositing the sam� in the United States mail, certi�ied with return receipf
requested, postage prepaid, addressed to the appropriate party at the following addresses,
or at such other address as any Party hereto mig�t specify in writzng:
PEDC: Pearland Economic Developme�t Corporatian
3519 Liberty Drive
Pearland, Texas 77581
Attention: Mr. Matt Buchanan, Executive Director
NBCEA:
Narthem Brazaria County Educatian Alliance
1928 North Main Stree�
PO Box 2358
Pearland, Texas 77588
Attent�an: Mrs. Terc7ie Morgan, Executive Director
Page 3 of 7
$. By the execution hereof, each signatary hereto represen#s and affums that he/she is acting
on behalf of the Party indicated, that such Parry has taken all actzon. necessary to
autharize the execution and delivery of this Contract and that the same is a bznding
obligation on such Party.
9. Multiple capie� of Y�is Contract may be executed by the Parties, each of which shall be
deemed an original thereof.
EXECUTED this� day of .�p �' i� , 201.0,
PEARLAND ECONOMIC DEVELOPMENT CDRPORATION
By:
Its: �KC'_C�� �SY'Q�
NORTHERN BRAZORIA COUNTY EDUCATION ALLIANCE
, .
B �'�-
Its: �� � c,� ✓�e. f.�� r e� r
Page 4 of 7
Exhibit A
SCOPE OF SERVICES
1. Pa� in the Pearland Regional Workforce CensiES and Analysis w[th aIl identified regional workforce
partners and incorparate the recoinrnendations ofthat analysis into 2Qll N$CEA measurement goals,
which may cause changes to the 2014 — 2011 Conh•act Year goaEs based upon occupational priorities or
certifcation gaps. BotE� pa� must agree on the changes to the goals.
2. Coordinate Pearland's efforts to enstire participation of Houston Cominunity College in the Spech'um area
and incorporating the college inta the Pearlaud Rea ona[ Workforce Census and Analysis success plan and
metrics.
3. Develop Memorandum of Unde�•standing or other cooperative agreement and process flow that effectively
allows the University of FIouston-Clear Lake, Houstan Commifnity Gol[ege, San .Cacinto Community
Co�lege and Alvin Cominunity Coltege to work together to deliver higher education and wo�
development services in Paarland.
4. In an effort to becortxe a self-standang operation, secure cash cominitrnents to fimd NBC�A operations from
pri�ate, regional employers, foundations, community colleges or other entities totaling $60,000. PEDC
wiEl �•eview NBCEA's funding commitmenYs in Septemher 201Q. PEDC shall then be entitled to reduce the
annual co��tract amount by $60,000 in the last three months of the 20I0 — 20! I Conh'act Year.
5. Apply for fi�e new workforce development grants fiom the State ofTexas Skills De�e[opment Fund, the
Texas Workforce Commission and the U.S. bepartment of Labor, or any other funding sources.
6. Attend all Gulf Coast Workforce Investment Board quarteriy meetings with WIB Director and/or staff.
7. Coordinate Pearland's efforts to seciva one appointment to tha Regional WiB of a Pearland resident or Ciky
of Pearlanrl elected o�cial. Increase WIB Staff pacticipation in Pearland Workforce activities.
8. Attend Pearland $izConnect visits and track solutions and seraices provided to primary employers as a
result of those visits related to education and training needs.
9. Produce 32 Manufacturing Skiils Standards Council (MSSC) graduates,
10. EnrolI 35 Pearland students into the Mentorship program and have a goal for 8d% scudent completion of
tlie program (28 students).
11. Enrotl 25 shic�en#s in the Apprenticeship program with Pearland prirnary employers in cooperation with
U.S. Department of Labor and have a goal for 80% job placements (20 jobs) h�acking the following
i�iformation:
Student ID Narae af Date Started Date Ended Title of Entry-level
Pri�nary Susiness Susiness Job Wage of
EmpIoyer Exposure Exposure Posit�on Job
Trained In Pos�tion
ECONOMIC DEVEL�PMENT AGREEMENT - PAGE 5
12. Place 15 hfgh school gradtiates through the Career Connection program with any Pearland primary
employers and track the fol�owing information:
Name of Name of Job Starting Wage af�er Wage after
Graduate Primary Description Wage One Year Two Years
Em lo er �
13. Continue ta increase and support Pearland ISD's CTE capacity with a focus on primary job workforce
developrnent. Pending the recorrunendatians of the Woekfarce Census and Analysis, P�I7C will direct
occupational training priority programs that will dicfate target tlu•esholds for �fiis goal.
14. Develop and axacute a strategy to develop Alvin ISD's CT'E capaciry within the new Pearland higl� school
to he located wi�lun Shadow Creek Rancl�. Pending tlie recommendatioas of the Wozkforce Census and
Analysis, PEDC will direct occUpational training priority programs that will dictate target threshalds for
this goal.
ECONON[IC DEVELQPMENT AGREEME�TT - PAGE 6
3,068
ECONOMIC DEVELOPMENT AGREENIEAlT - PAGE 7
Pearfand Top Primarv Emplovers: