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HomeMy WebLinkAboutPR 24901: APPROVING A TRAINING AGREEMENT BETWEEN THE EDC AND ANGEL'S DEVINE TOUCH CORP FOR CERTIFIED NURSE AIDE • .4) r W1'R. INTEROFFICE MEMORANDUM Date: 04/13/2026 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM I City Manager From: Krystle Muller, PAEDC, Interim CEO RE: P.R. 24901 I A resolution approving a Training Agreement between the City of Port Arthur Economic Development Corporation and Angel's Devine Touch Corp. for Certified Nurse Aide(CNA)workforce training services for eligible Port Arthur residents. Introduction: The Port Arthur Economic Development Corporation(PAEDC)requests City Council authorization to enter into a Training Agreement with Angel's Devine Touch Corp. for Fiscal Year 2026. This agreement supports PAEDC's workforce development mission by providing Certified Nurse Aide(CNA)training opportunities for eligible Port Arthur residents seeking entry into the healthcare workforce. Background: The proposed agreement authorizes Angel's Devine Touch Corp. to provide CNA training for up to ten(10) eligible Port Arthur residents. The program includes classroom instruction, clinical training, certification examination support, and employment placement assistance. Training services will be delivered at the provider's approved training location in Groves, Texas, with clinical training conducted at Oak Grove Nursing Home. The PAEDC Board approved this agreement on March 2, 2026, subject to City Council approval. Budget Impact: PAEDC will allocate a total amount not to exceed $15,000 for Fiscal Year 2026 to support this workforce initiative. Funding will be distributed on a performance-based reimbursement model tied to verified milestones, including participant progress, successful certification, and employment placement. Funds will be paid from the PAEDC workforce development budget, PAEDC Account No. 120-80-625-5475-00-00-000. Recommendation: It is recommended that the City Council approve a resolution authorizing the Port Arthur Economic Development Corporation to execute the Fiscal Year 2026 Training Agreement with Angel's Devine Touch Corp. This partnership expands access to healthcare career pathways, strengthens the local workforce pipeline, and creates employment opportunities for Port Arthur residents. P. R. No. 24901 4/13/2026 SDG RESOLUTION NO. A RESOLUTION AUTHORIZING THE PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION TO ENTER INTO A TRAINING AGREEMENT WITH ANGEL'S DEVINE TOUCH CORP. TO PROVIDE CERTIFIED NURSE AIDE (CNA) WORKFORCE TRAINING FOR UP TO TEN (10) ELIGIBLE PORT ARTHUR RESIDENTS IN AN AMOUNT NOT TO EXCEED $15,000; FUNDS AVAILABLE IN PAEDC ACCOUNT NO. 120-80-625-5475-00-00-000 (JOB TRAINING PROGRAMS) WHEREAS, the Texas Legislature passed House Bill 1967 during the 83rd Legislative Session, which amended Chapter 501 of the Local Government Code by adding §501.163, allowing economic development funds to be utilized for the purpose of pre-employment training and education; and WHEREAS, the Port Arthur Economic Development Corporation ("PAEDC") is committed to workforce development initiatives that create pathways to employment for Port Arthur residents; and WHEREAS,Angel's Devine Touch Corp. has proposed a Certified Nurse Aide ("CNA") training program that includes classroom instruction, clinical training, certification examination support and employment placement assistance for eligible Port Arthur residents; and WHEREAS,the proposed program will serve up to ten (10) eligible Port Arthur residents and provide participants with industry-recognized credentials aligned with employment opportunities in the healthcare sector; and lir WHEREAS,at its April 6, 2026, regular Board meeting, the PAEDC Board of Directors approved aTraining Agreement withAngel's Devine Touch Corp. attached as Exhibit"A",subject to City Council approval, in an amount not to exceed $15,000. 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 hereby authorizes the PAEDC to enter into a Training Agreement with Angel's Devine Touch Corp. for the provision of Certified Nurse Aide (CNA) workforce training services for up to ten (10) eligible Port Arthur residents in an amount not to exceed $15,000 which funds for this Agreement shall be paid from PAEDC Account No. 120-80- 625-5475-00-00-000. 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., 2026, at a Meeting of the City Council of the City of Port Arthur, Texas,by the following vote: AYES: Mayor Councilmembers NOES: Charlotte M. Moses, Mayor #2546343 Paget Pr A!'l EST: Sherri Bellard, City Secretary APPROVED: iLL Krystl ' uller, PAEDC Interim Chief Executive Officer APP VE AST FO Guy N. Goodson, PAEDC Attorney APPROVED AS TO FORM: Roxann Pais Cotronco, City Attorney APPROVED AS TO AVAILABILITY OF FUNDS: " •V).6_ 6evi.ey Lyn a Boswell, Finance Director #2546343 Page 3 Exhibit "A" #2546343 Page4 TRAINING AGREEMENT BETWEEN PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION AND ANGEL'S DEVINE TOUCH CORP. RECITALS WHEREAS, the Port Arthur 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 individual to obtain employment through PAEDC training programs; and WHEREAS,Angel's Devine Touch Corp. ("Subcontractor")agrees to provide a Certified Nurse Aide ("CNA") training program to ten (10) eligible program participants who are Port Arthur residents ("Program Participants"); and WHEREAS,the Program Participants shall receive their CNA training at 5700 32nd Street, Groves, Texas 77619, and Clinical training will be conducted at Oak Grove Nursing Home, 6230 Warren Street, Groves, Texas 77619; and WHEREAS,the Program Participants must meet the eligibility requirements provided in this Agreement; and WHEREAS,in consideration for the extraordinary costs of providing job training skills to Port Arthur residents,the PAEDC agrees to fund$15,000.00 of the program cost during the 2025- 2026 fiscal year; and WHEREAS, PAEDC authorized this Training Agreement by action of its Board of Directors on March 2,2026. NOW, THEREFORE, in consideration of the Recitals set forth above which are incorporated into this Agreement as if fully set forth below and for other good and valuable consideration, PAEDC and Subcontractor hereby agree as follows: AGREEMENT DATES AGREEMENT START DATE 1. This Training Agreement("Agreement") shall begin on May 1, 2026. AGREEMENT END DATE 2. This Agreement expires on December 31,2026. However,PAEDC has the option to extend this Agreement for an additional period 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 Street,Groves,Texas 77619, is a for-profit Texas corporation, and its duly authorized representative for purposes of this Agreement is Angel Maze,MSN,RN. 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 $15,000.00 is allocated to the CNA training program, subject to the approval of the City. The Subcontractor, CNA training program shall include the following: Program Costs Provider Budgeted Funds Application Fee Angel's Devine Touch $150.00 Course Curriculum Angel's Devine Touch $9,500.00 Equipment(scrubs) Angel's Devine Touch $300.00 State Certification Exam Fee Angel's Devine Touch $1,200.00 Job Placement Angel's Devine Touch $3850.00 Total Program Cost $15,000.00 (2) PAEDC shall pay the Subcontractor $400.00 per certified nursing aide student following verification of completion of at least thirty(30)classroom #2540840 Page 2 hours. Subcontractor is to provide enrollment verification and a copy of the student's permanent identification verifying Port Arthur residency. (3) PAEDC shall pay $715.00 per student following verification that certified nursing aide student completed and passed the State of Texas certification test. Subcontractor must provide PAEDC with a copy of the student's letter of certification. (4) PAEDC shall pay$385.00 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 is $1,500.00. (5) Payment obligations by PAEDC will be on a reimbursement performance- based, per-Program Participant basis tied to satisfaction and verification of meeting program milestones. (b) PERFORMANCE BY SUBCONTRACTOR (1) Subcontractor shall provide for the job training for certified nurse's aide to a maximum of ten(10) Port Arthur residents. (2) Subcontractor shall provide the following program training structure: • 60 hours classroom instruction; and • 40 hours clinical training 100 hours total for each Program Participant to be completed in approximately 15-17 days. (3) Subcontractor shall be required to provide the following documentation prior to initiation of training: • Proof of liability insurance amount and coverage as required by PAEDC; • Texas Workforce Commission career school approval verification; • Texas Health and Human Services NATCEP approval verification; • Verification of classroom training location; and • Verification of clinical training site. (4) Subcontractor further agrees to facilitate employment placement for Program Participants. 42540840 Page 3 PROGRAM PARTICIPANT ELIGIBILITY/CERTIFICATION 7. Program Participants must be: • Verified residents of Port Arthur,Texas; • Verified to meet CNA program admission requirements; • Must complete CNA training requirements (if a Program Participant fails to complete the training requirements, such Program Participant shall not be eligible for CNA training program funding through PAEDC); and • Must register and participate in CNA certification examination. REOUIRED DOCUMENTATION PRIOR TO PROGRAM INITIATION 8. Subcontractor agrees to provide the following to be incorporated as Exhibit "A" to this Agreement: • Training course syllabus; • Instructor credentials; • Budget breakdown (if different from the performance payments set forth herein); • Training schedule for the training structure; • Program Participant credential verification; and • Sample assessments or skill evaluations. PAEDC'S CONDITIONAL OBLIGATIONS AND LIMITED LIABILITY 9. 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. 10. 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 11. All records pertinent to this Agreement shall be retained by Subcontractor. 12. Upon written request, Subcontractor shall provide reports to the PAEDC. 13. Upon written request, Subcontractor shall provide PAEDC with all reports reasonably necessary for PAEDC compliance with the Development Corporation Act of 1979. #2540840 Page 4 CHANGES AND AMENDMENTS 14. 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. 15. 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. DEFAULT/TERMINATION 16. 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. 17. 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 18. 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 19. 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 20. 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"B" 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. #2540840 Page 5 CERTIFICATION REGARDING LOBBYING/CONFLICT OF INTEREST DISCLOSURE 21. Each Subcontractor shall comply with the Certification Regarding Lobbying attached hereto as Exhibit "C". Subcontractor shall complete the Conflict of Interest attached hereto as Exhibit"D". ADDRESS OF NOTICE AND COMMUNICATIONS Port Arthur Economic Development Corporation 501 Procter Street Port Arthur,Texas 77640 ATTN: Chief Executive Officer Angel's Devine Touch Corp. 5700 32nd Street Groves,Texas 77619 Attn: Angel Maze CAPTIONS 22. 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 P2540840 Page 6 AGREEMENT EXECUTION PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION SIGNED AND AGREED TO on the day of , 2026. By: By: President Secretary Witness Witness #2540840 Page 7 ANGEL'S DEVINE TOUCH, CORP. SIGNED AND AGREED TO on the day of , 2026. By: Witness #2540840 Page 8 EXHIBIT "A" Required Documentation Prior to Program Initiation • Training course syllabus; • Instructor credentials; • Budget breakdown (if different from the performance payments set forth herein); • Training schedule for the training structure; • Program Participant credential verification; and • Sample assessments or skill evaluations. #2540840 Page9 EXHIBIT "B" 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. #2540840 Page 10 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. 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 42540840 Page 11 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. (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. Program of Health Excellence hereby acknowledges that it has reviewed Chapter 2264, Texas Government Code. Angel's Devine Touch, Corp. Date: By: Signature Its: Title #2540840 Page 12 EXHIBIT "C" 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 #2540840 Page t3 EXHIBIT "D" CONFLICT OF INTEREST DISCLOSURE Program of Health Excellence 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 #2540840 Page 14