HomeMy WebLinkAboutPR 21283: EDC, ANGEL'S DEVINE TOUCH CORP. FOR CERTIFIED NURSES AIDE TRAINING Interoffice
MEMORANDUM
To: Mayor, City Council, City Mana er
From: Floyd Batiste, CEO F..)e
Date: February 11,2020
Subject: P.R. No. 21283; Council Meeting of February 18, 2020
ATTACHED IS PROPOSED RESOLUTION NO. 21283
APPROVING A TRAINING AGREEMENT BETWEEN THE
CITY OF PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION AND ANGEL'S DEVINE
TOUCH CORP. FOR CERTIFIED NURSES' AIDE
TRAINING TO PORT ARTHUR RESIDENTS AT A COST
NOT TO EXCEED $15,080.00; FUNDS AVAILABLE IN EDC
ACCOUNT NO. 120-1429-582.59-07
P.R. No. 21283
02/10/2020 KVM
RESOLUTION NO.
A RESOLUTION APPROVING A TRAINING AGREEMENT
BETWEEN THE CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION AND
ANGEL'S DEVINE TOUCH CORP. FOR CERTIFIED
NURSES' AIDE TRAINING TO PORT ARTHUR
RESIDENTS AT A COST NOT TO EXCEED $15,080.00;
FUNDS AVAILABLE IN EDC ACCOUNT NO. 120-1429-
582.59-07
WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation
("PAEDC") Board of Directors is dedicated to improving the quality of life for Port Arthur
residents who lack skills to qualify for an on-the-job training program with a local employer or to
secure permanent employment; and
WHEREAS, House Bill 1967 amends the Texas Local Government Code and adds
§501.163 which authorizes expenditures by PAEDC for job training skills sufficient to enable an
unemployed individual to obtain employment; and
WHEREAS, Angel's Devine Touch Corp. ("Subcontractor") proposes to provide
Certified Nurses' Aide ("CNA") skills training to Port Arthur residents; and
WHEREAS, at their February 10, 2020 special Board meeting, the PAEDC Board of
Directors approved entering into a Training Agreement with the Subcontractor(the "Agreement")
attached hereto as Exhibit"A"; and
WHEREAS,in consideration for the extraordinary costs of providing job skills training to
Port Arthur residents,the PAEDC Board of Directors approved funding$15,080.00 of the program
cost; and
WHEREAS, the Agreement is for a one-year period with the option to renew for an
additional two (2) one-year periods if PAEDC is satisfied with the Subcontractor's performance.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council approves the Agreement between PAEDC and Angel's
Devine Touch Corp. for a cost not to exceed $15,080.00.
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., 2020,
at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
Mayor
Councilmembers
NOES: .
Thurman Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
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APPROVED:
Floyd Batiste, PAEDC CEO
APPROVE 0 TO FORM:
Guy . Goodson, PAEDC Attorney
APPROVED AS TO FORM:
Valecia R. Tizeno, City Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
0
Kandy Daniel, biterim Finance irector
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EXHIBIT "A"
TRAINING AGREEMENT
BETWEEN
CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION
AND
ANGEL'S DEVINE TOUCH CORP.
RECITALS
WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation
("PAEDC") Board of Directors is dedicated to improving the quality of life of Port Arthur
residents who lack skills to qualify for an on the job training program with a local employer or
skills to secure permanent employment in the current labor market; and
WHEREAS, House Bill 1967 amends the Texas Local Government Code and adds
§501.163 which authorizes expenditures for job training skills sufficient to enable an
unemployed individual to obtain employment by the PAEDC; and
WHEREAS, Angel's Devine Touch Corp. ("Subcontractor") agrees to provide job
training skills to Port Arthur residents ("Program Participants"); and
WHEREAS, in consideration for the extraordinary costs of providing job training skills
to Port Arthur residents, the PAEDC agrees to fund $15,080.00 of the program cost excluding
any cost for supplies needed for the training.
NOW, THEREFORE, for good and valuable consideration, PAEDC and Subcontractor
hereby agree as follows:
AGREEMENT DATES
AGREEMENT START DATE
1. This Training Agreement("Agreement") shall begin on , 2020.
AGREEMENT END DATE
2. This Agreement expires on , 2021. However, PAEDC has the option
to extend this Agreement for an additional two, one year periods if PAEDC is satisfied with the
Subcontractor's performance.
PARTIES
3. PAEDC located at 501 Procter Street, Port Arthur, Texas 77640, is a not for profit
corporation. It is duly authorized to do business in the State of Texas under Chapter 504, Local
Government Code (the "Development Corporation Act of 1979") and duly authorized by
Resolution of the City Council of the City of Port Arthur to enter into this Agreement. 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. Angel's Devine Touch Corp., 5700 32nd St., Groves, Texas 77619, is a for profit
Texas corporation and its duly authorized representative for purposes of this Agreement is Angel
Maze.
CONDITIONS PRECEDENT
5. This Agreement has no legal consequences unless and until both the Board of
Directors of the PAEDC and the City of Port Arthur 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 $15,080.00 is allocated to Angel's Devine
Touch Corp. subject to the approval of the City. The Subcontractor,
Angel's Devine Touch Corp. will provide the following services:
Program Costs Provider Budgeted Funds
Student Enrollment Angel's Devine Touch $6,032.00
Certification Angels's Devine Touch $6,032.00
Job Placement Angel's Devine Touch $3,016.00
(2) PAEDC shall pay the Subcontractor $301.60 per certified nursing aide
student following verification of completion of at least eighteen (18)
classroom hours. Subcontractor is to provide enrollment verification and a
copy of the student's permanent identification verifying Port Arthur
residency.
(3) PAEDC shall pay $301.60 per student following verification that certified
nursing aide student completed and passed the State of Texas certification
test. The $104.00 test fee is included in the tuition fee charged to students
by Subcontractor. Subcontractor must provide PAEDC with a copy of the
student's letter of certification.
(4) PAEDC shall pay $150.80 per student to Subcontractor once the student
has gained employment following certification. Subcontractor must
provide PAEDC a copy of the student's pay check stub.
Note: The maximum amount of funds the Subcontractor can receive per
Program Participant for training and job placement is $754.00.
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(b) PERFORMANCE BY SUBCONTRACTOR
(1) Subcontractor shall provide for the job training for certified nurse's aide
to a maximum of twenty(20) Port Arthur residents.
(2) Subcontractor further agrees to facilitate employment placement for
Program Participants.
PAEDC'S CONDITIONAL OBLIGATIONS AND LIMITED LIABILITY
7. The PAEDC, at its sole option, may terminate this Agreement for
nonperformance or failure to comply with the terms of this contract. 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 Subcontractor
or to any third parties for failure to make payments to Subcontractor under the terms and
conditions of this Agreement.
8. The PAEDC's sole liability/obligation shall be to Subcontractor and shall be
limited to the funding for the Programs detailed in this Agreement. The PAEDC shall not be
liable, in contract or otherwise, for any expense, expenditure or cost incurred by or on behalf of
Subcontractor 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 Subcontractor.
10. Upon written request, Subcontractor shall provide reports to the PAEDC.
11. Upon written request, Subcontractor shall provide PAEDC with all reports
reasonably necessary for PAEDC compliance with the Development Corporation Act of 1979.
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 PAEDC.
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.
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DEFAULT /TERMINATION
14. In the event of default of any of the obligations of the Subcontractor detailed
herein, the PAEDC may, at its sole and exclusive option, withhold and/or disallow further
PAEDC payments or incentives to the Subcontractor.
15. In addition to the foregoing, the PAEDC and Subcontractor agree that this
Agreement may be terminated at any time when both parties agree, in writing, to the terms and
conditions of any such voluntary termination.
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.
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. Subcontractor and any branch, division or department of Subcontractor 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."
Subcontractor acknowledges that it has reviewed Chapter 2264, Texas Government Code,
attached hereto as Exhibit "A" 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 120th day after the date PAEDC notifies
Subcontractor of a violation. Subcontractor acknowledges PAEDC may bring a civil action or
recover any amounts owed under this Chapter and further acknowledges that PAEDC may
recover court costs and reasonable attorneys' fees incurred in an action brought under
§2264.101(a). The Subcontractor is not liable for a violation of this Chapter by a subsidiary,
affiliate or franchisee of the Subcontractor or by a person with whom the Subcontractor
contracts.
CONFLICT OF INTEREST DISCLOSURE
20. Each Subcontractor shall comply with the Conflict of Interest Policy attached
hereto as Exhibit"B."
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ADDRESS OF NOTICE AND COMMUNICATIONS
City of Port Arthur 4A Economic Development Corporation
501 Procter Street
Port Arthur, Texas 77640
ATTN: Floyd Batiste, Chief Executive Officer
Angel's Devine Touch Corp.
5700 32nd. St.
Groves, Texas 77619
Attn: Angel Maze
CAPTIONS
21. 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 determine its
interpretation or application.
ATTORNEY APPROVALS
APPROVED AS TO FORM:
Guy Goodson, Legal Counsel for PAEDC
VERIFIED AS CONSISTENT
WITH CITY COUNSEL RESOLUTION: Resolution Number:
City Attorney
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AGREEMENT EXECUTION
CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION
SIGNED AND AGREED TO on the day of ,2020.
By: By:
President Secretary
Witness Witness
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ANGEL'S DEVINE TOUCH CORP.
SIGNED AND AGREED TO on the day of , 2020.
By:
Witness
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EXHIBIT "A"
GOVERNMENT CODE
TITLE 10. GENERAL GOVERNMENT
SUBTITLE F. STATE AND LOCAL CONTRACTS AND FUND MANAGEMENT
CHAPTER 2264. RESTRICTIONS ON USE OF CERTAIN PUBLIC
SUBSIDIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2264.001. DEFINITIONS. In this chapter:
(1) "Economic development corporation" means a development corporation
organized under Subtitle Cl,Title 12, Local Government Code.
(2) "Public agency" means the state or an agency, instrumentality, or political
subdivision of this state, including a county, a municipality, a public school district, or a special-
purpose district or authority.
(3) "Public subsidy" means a public program or public benefit or assistance of
any type that is designed to stimulate the economic development of a corporation, industry, or
sector of the state's economy or to create or retain jobs in this state. The term includes grants,
loans, loan guarantees, benefits relating to an enterprise or empowerment zone, fee waivers, land
price subsidies, infrastructure development and improvements designed to principally benefit a
single business or defined group of businesses, matching funds, tax refunds, tax rebates, or tax
abatements.
(4) "Undocumented worker" means an individual who, at the time of
employment, is not:
(A) lawfully admitted for permanent residence to the United States; or
(B) authorized under law to be employed in that manner in the United
States.
Added by Acts 2007, 80th Leg., R.S., Ch. 853 (H.B. 1196), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 11.023, eff. September 1, 2009.
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SUBCHAPTER B. RESTRICTIONS ON USE OF CERTAIN
PUBLIC SUBSIDIES TO EMPLOY UNDOCUMENTED WORKERS
Sec. 2264.051. STATEMENT REQUIRED IN APPLICATION FOR PUBLIC
SUBSIDIES. A public agency, state or local taxing jurisdiction, or economic development
corporation shall require a business that submits an application to receive a public subsidy to
include in the application a statement certifying that the business, or a branch, division, or
department of the business, does not and will not knowingly employ an undocumented worker.
Added by Acts 2007, 80th Leg., R.S., Ch. 853 (H.B. 1196), Sec. 1, eff. September 1, 2007.
Sec. 2264.052. CONDITION ON RECEIPT OF PUBLIC SUBSIDIES. The statement
required by Section 2264.051 must state that if, after receiving a public subsidy, the business, or
a branch, division, or department of the business, is convicted of a violation under 8 U.S.C.
Section 1324a(f), the business shall repay the amount of the public subsidy with interest, at the
rate and according to the other terms provided by an agreement under Section 2264.053, not later
than the 120th day after the date the public agency, state or local taxing jurisdiction, or economic
development corporation notifies the business of the violation.
Added by Acts 2007, 80th Leg., R.S., Ch. 853 (H.B. 1196), Sec. 1, eff. September 1, 2007.
Sec. 2264.053. AGREEMENT REGARDING REPAYMENT OF INTEREST. A
public agency, state or local taxing jurisdiction, or economic development corporation, before
awarding a public subsidy to a business, shall enter into a written agreement with the business
specifying the rate and terms of the payment of interest if the business is required to repay the
public subsidy.
Added by Acts 2007. 80th Leg., R.S., Ch. 853 (H.B. 1196), Sec. 1, eff. September 1, 2007.
SUBCHAPTER C. ENFORCEMENT
Sec. 2264.101. RECOVERY. (a) A public agency, local taxing jurisdiction, or
economic development corporation, or the attorney general on behalf of the state or a state
agency,may bring a civil action to recover any amounts owed to the public agency, state or local
taxing jurisdiction, or economic development corporation under this chapter.
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(b) The public agency, local taxing jurisdiction, economic development corporation, or
attorney general, as applicable, shall recover court costs and reasonable attorney's fees incurred
in an action brought under Subsection (a).
(c) A business is not liable for a violation of this chapter by a subsidiary, affiliate, or
franchisee of the business, or by a person with whom the business contracts.
Added by Acts 2007, 80th Leg., R.S., Ch. 853 (H.B. 1196), Sec. 1, eff. September 1, 2007.
Angel's Devine Touch Corp. hereby acknowledges that it has reviewed Chapter 2264,
Texas Government Code.
Angel's Devine Touch Corp.
Date: By:
Signature
Its:
Title
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EXHIBIT "B"
CERTIFICATION REGARDING LOBBYING
For Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his knowledge and belief, that:
1. No funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of
any agency, a member of the City or of the PAEDC in connection with the
awarding of any contract, the making of any grant, the making of any loan, the
entering into of any cooperative agreement, or modification of any contract, grant,
loan, or cooperative agreement.
2 The undersigned shall require that the language of this certification be included in
the award documents for all sub-awards at all tiers (including subcontracts, sub-
grants, and contracts under grants, loans, and cooperative agreements), and that
all Subs shall certify and disclose accordingly.
This certification is material representation of fact which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction.
Angel's Devine Touch Corp.
Date: By:
Signature
Its:
Title
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EXHIBIT "D"
COMPLIANCE STATEMENT
Angel's Devine Touch Corp. hereby certifies that it has fully complied with
Local Government Code §176.006, as amended, which mandates the disclosure
requirements for persons who contract or seek to contract with a local
governmental entity.
Angel's Devine Touch, Corp.
Date: By:
Signature
Its:
Title
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