HomeMy WebLinkAboutPR 24902: APPROVING AN INDUSTRIAL SKILLS TRAINING SERVICES AGRREMENT BETWEEN THE PAEDC AND DIGITAL WORKFORCE ACADEMY • pgc* tv 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. 24902 I A resolution approving an Industrial Skills Training Services
Agreement between the City of Port Arthur Economic Development Corporation
and Digital Workforce Academy, Inc. for employer-aligned industrial workforce
training services for eligible Port Arthur residents.
Introduction:
The Port Arthur Economic Development Corporation (PAEDC) requests City Council
authorization to enter into an Industrial Skills Training Services Agreement with Digital
Workforce Academy, Inc. for Fiscal Year 2026. This agreement supports PAEDC's workforce
development mission by providing employer-aligned industrial training opportunities for eligible
Port Arthur residents seeking careers in construction,maintenance, and related industrial trades.
Background:
The proposed agreement authorizes Digital Workforce Academy,Inc.,through its Golden Triangle
Empowerment Center program,to recruit,train, and support eligible Port Arthur residents through
industry-recognized pre-employment training. Program components include NCCER Core
(including rigging),OSHA 10, financial literacy,life skills,job readiness training,and TWIC card
assistance. The agreement authorizes training for up to 144 eligible Port Arthur residents over a
two-year term, subject to annual appropriation and approval of the budget by the City Council.
Budget Impact:
PAEDC will authorize funding in an amount not to exceed$360,000 over the initial two-year term,
subject to annual appropriation of funds. Payments will be made on a performance-based
reimbursement model tied to enrollment, training completion with credential attainment, and
verified employment or documented referral outcomes. The funds for this agreement shall be paid
from PAEDC Account No. 120-80-625-5475-00-00-000 (Job Training Programs).
Recommendation:
It is recommended that the City Council approve a resolution authorizing the Port Arthur
Economic Development Corporation to execute the Industrial Skills Training Services Agreement
with Digital Workforce Academy, Inc. This partnership expands access to industrial career
pathways, supports employer workforce demand, and strengthens the long-term economic
competitiveness of Port Arthur.
P. R. No. 24902
4/13/2026 SDG -TNR
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE PORT ARTHUR
ECONOMIC DEVELOPMENT CORPORATION TO ENTER
INTO AN INDUSTRIAL SKILLS TRAINING SERVICES
AGREEMENT WITH DIGITAL WORKFORCE ACADEMY,
INC. TO PROVIDE EMPLOYER-ALIGNED INDUSTRIAL
WORKFORCE TRAINING FOR UP TO 144 ELIGIBLE PORT
ARTHUR RESIDENTS IN AN AMOUNT NOT TO EXCEED
$360,000 OVER A TWO-YEAR TERM, SUBJECT TO
ANNUAL APPROPRIATION AND APPROVAL OF THE
BUDGET. PAEDC ACCOUNT NO. 120-80-625-5475-00-00-000
(JOB TRAINING PROGRAMS)
WHEREAS, the Texas Legislature, through House Bill 1967 of the 83rd Legislative
Session, amended Chapter 501 of the Texas Local Government Code by adding Section 501.163,
thereby authorizing the use of economic development sales tax proceeds for certain workforce
development and pre-employment training programs; and
WHEREAS, the Port Arthur Economic Development Corporation ("PAEDC") is
authorized to expend funds for programs that promote economic development and enhance
workforce readiness within the City of Port Arthur; and
WHEREAS,the PAEDC has identified a continuing need for employer-aligned industrial
workforce training programs designed to prepare residents for employment in construction,
maintenance, and related industrial trades; and
WHEREAS, Digital Workforce Academy, Inc., through its Golden Triangle
Empowerment Center program,has demonstrated the capacity to deliver comprehensive,industry-
recognized pre-employment training, including but not limited to NCCER Core curriculum
(inclusive of rigging), OSHA 10 certification, financial literacy, life skills development, job
readiness training, and assistance in obtaining Transportation Worker Identification Credentials
(TWIC); and
WHEREAS, the proposed Industrial Skills Training Services Agreement will provide
training opportunities for up to one hundred forty-four (144) eligible Port Arthur residents over a
two-year term and will align participant outcomes with documented regional employer workforce
demands; and
WHEREAS, at its regular meeting held on April 6, 2026, the PAEDC Board of Directors
approved the proposed agreement, attached hereto as Exhibit"A," subject to approval by the City
Council,in an amount not to exceed$360,000.00,with funding subject to the annual appropriation
and approval of the budget; and
WHEREAS, the City Council finds that the proposed agreement serves a valid public
purpose, promotes economic development, enhances workforce capacity, and provides a direct
benefit to the citizens of Port Arthur.
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 an Industrial
Skills Training Services Agreement with Digital Workforce Academy, Inc. for employer-aligned
industrial workforce training services for up to 144 eligible Port Arthur residents in an amount not
to exceed $360,000 over a two-year term, subject to annual appropriation and approval of the
budget, which funds for this Agreement shall be paid from PAEDC Account No. 120-80-625-
5475-00-00-000 (Job Training Programs).
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:
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Charlotte M. Moses, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED:
Kibi,Ljne \
rystle uller, PAEDC Interim Chief Executive Officer
APPRO AS TO FO ;
Guy N. Goodson, PAEDC Attorney
APPROVED AS TO FORM:
Roxann Pais Cotroneo,City Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
Lyn a Boswell, Finance Director
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Exhibit "A"
42546367 Page 4
INDUSTRIAL SKILLS TRAINING SERVICES AGREEMENT
BETWEEN
PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION
AND
DIGITAL WORKFORCE ACADEMY, INC.
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, PAEDC has determined that Digital Workforce Academy, Inc. ("Digital"),
pursuant to its Golden Triangle Empowerment Center Program, has developed training to
provide skills to eligible Port Arthur residents that meet instructional and curriculum
requirements for employer-aligned training to lead to industrial employment ("Program
Participants").
WHEREAS, Digital will identify and train up to 144 eligible Port Arthur residents in its
training program after it has received authorization from the PAEDC and the City of Port Arthur,
Texas (the"City") Council.
WHEREAS, PAEDC and Digital set forth in this Agreement the terms and conditions
for PAEDC to provide funds for the industrial skills training by Digital for a path to employment
for eligible Port Arthur residents into industrial trades.
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 Digital hereby agree as follows:
AGREEMENT DATES
AGREEMENT EFFECTIVE DATE
1. This Industrial Skills Training Services Agreement (the "Agreement") is entered
into and shall become effective after the final approval of the City Council and the execution of
this Agreement by duly authorized representatives of Digital and PAEDC.
TERM OF AGREEMENT
2. This Agreement shall have a term of two (2) years from its effective date on or
about May 6, 2026, through May 6, 2028.
EXTENSION OF AGREEMENT
3. This Agreement may be extended beyond its initial two (2) year term for an
additional term to be determined by PAEDC provided the promised performance by Digital has
been met as outlined in this Agreement.
PARTIES
4. 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,
Texas Local Government Code, its Board of Directors has approved this Agreement, and this
Agreement has been duly authorized by Resolution of the City Council. 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.
5. Digital Workforce Academy, Inc., 617 Procter Street, Port Arthur, Texas 77640,
and its duly authorized representative for purposes of this Agreement is Melvin White.
CONDITIONS PRECEDENT
6. This Agreement has no legal consequences unless and until both the Board of
Directors of the PAEDC and the City Council approve this Agreement in its final form.
PROMISED PERFORMANCE
7. The parties agree to perform as follows.
(a) PERFORMANCE BY PAEDC
(1) Funding in the amount of$360,000 is allocated to Digital for the initial two
(2) terms of this Agreement, subject to annual appropriation of funds.
(2) For the skills training and placement services, Digital will be paid $2,500
per trainee, with payment of training costs and placement services as
follows:
• 25% ($625.00) at enrollment
• 60% ($1,500) upon completion of 30 hours of training and receiving
the training credential certification
• 15% ($375) at employment or documented referral of a Program
Participant within 90 days of training completion
(3) No reimbursement shall be made for any training costs incurred prior to the
effective date of this Agreement.
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(b) PERFORMANCE BY DIGITAL
(1) Digital has agreed to provide (i) Pre-Vocational National Center for
Construction Education and Research ("NCCER") Core (including
rigging), (ii) OSHA 10 Certification, (iii) financial literacy and budgeting
training, (iv) life skills and job readiness training and (v) TWIC card
application assistance (the "Programs") as outlined in the PAEDC
training Provider Application attached hereto as Exhibit"A" and made a
part hereof for all purposes. The Programs are aligned with regional
employer workforce demand, including but not limited to Kiewit/TIC.
Employer participation is limited to interview consideration and does not
guarantee employment
(2) Digital shall provide not less than thirty (30) hours of classroom
instruction to six(6) Port Arthur residents per month in the programmatic
activities as outlined in paragraph 7(b)(1) above and provide the course
of curriculum as outlined in Exhibit "A" to provide skills training
including workplace skill and technical skill programs to provide the
trainees with skill sets necessary for employment in construction trades.
(3) Digital shall provide funding for all costs of the Programs, including
faculty costs, promotion, advertising, and administrative charges
necessary to manage, coordinate, and administer the Programs.
(4) Digital shall provide PAEDC with a record of classes offered for entry-
level training identified herein, the number of trainees completing each
training class, as allowed by law or regulations, and identify Port Arthur
residents who have accessed the training classes. Additionally, it will
provide any additional documentation requested by the City.
(5) Digital instructors must be National Center for Construction Education
and Research(NCCER) certified.
(6) Digital will be responsible for recruiting eligible Program Participants as
potential trainees.
(7) Digital 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; and
• Verification of classroom training location.
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(8) Digital shall provide trainees with job placement with TWIC card
application assistance necessary to access locations such as refineries.
(9) Digital shall implement a drug screening protocol, including at least one
(1) drug test, consistent with employer requirements for industrial
employment.
PROGRAM PARTICIPANT ELIGIBILITY/CERTIFICATION
8. Program Participants must be verified residents of Port Arthur, Texas, and meet
the eligibility requirements as outlined in Exhibit"A" attached hereto.
REQUIRED DOCUMENTATION PRIOR TO PROGRAM INITIATION
9. Digital agrees to provide the following to be incorporated as Exhibit "B" 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
10. If completion rates for Program Participants fall below 70% in two consecutive
cohorts, PAEDC, on providing ten (10) days' written notice, may suspend authorization of future
seats pending review. 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 Digital or to
any third parties for failure to make payments to Digital under the terms and conditions of this
Agreement.
11. The PAEDC's sole liability/obligation shall be to Digital 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 Digital
related to the Programs except as set forth in this Agreement.
RECORDS/INSPECTION/PAEDC AUDIT
12. All records pertinent to this Agreement shall be retained by Digital.
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13. Upon written request, Digital shall provide reports to the PAEDC.
14. Upon written request, Digital shall provide PAEDC with all reports reasonably
necessary for PAEDC compliance with the Development Corporation Act of 1979.
CHANGES AND AMENDMENTS
15. 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.
16. 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
17. In the event of default of any of the obligations of Digital detailed herein, the
PAEDC may, at its sole and exclusive option, withhold and/or disallow further PAEDC
payments or incentives to Digital.
18. In addition to the foregoing, the PAEDC and Digital 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
19. 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
20. 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
21. Digital and any branch, division or department of Digital 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." Digital
acknowledges that it has reviewed Chapter 2264, Texas Government Code, attached hereto as
Exhibit "D" 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
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reasonable attorneys' fees incurred in an action brought under §2264.101(a). Digital is not liable
for a violation of this Chapter by a subsidiary, affiliate or franchisee of Digital or by a person
with whom Digital contracts.
CERTIFICATION REGARDING LOBBYING/CONFLICT OF INTEREST
DISCLOSURE
22. Digital shall comply with the Certification Regarding Lobbying attached hereto as
Exhibit"E". Digital shall complete the Conflict of Interest attached hereto as Exhibit "F".
ADDRESS OF NOTICE AND COMMUNICATIONS
Port Arthur Economic Development Corporation
501 Procter Street
Port Arthur, Texas 77640
ATTN: Chief Executive Officer
Digital Workforce Academy, Inc.
617 Procter Street
Port Arthur,Texas 77640
Attn: Melvin White
CAPTIONS
23. 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
WITI I CITY COUNSEL RESOLUTION: Resolution Number:
City Attorney
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AGREEMENT EXECUTION
PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION
SIGNED AND AGREED TO on the day of , 2026.
By: By:
President Secretary
Witness Witness
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DIGITAL WORKFORCE ACADEMY, INC.
SIGNED AND AGREED TO on the day of , 2026.
By:
Witness
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Port Arthur Economic Development Corporation
SECTION 1: ORGANIZATION INFORMATION
Organization Name: Digital Workforce Academy, Inc.
Program Title: Golden Triangle Empowerment Center
Address: 617 Procter Street
City, State,ZIP: Port Arthur, TX 77640
Website: gtec-triangle.org
SECTION 2: PRIMARY CONTACT
Name: Melvin White
Phone: 512 791-6166
Email: mwhite(aamrswmanagement.com
SECTION 3: PROGRAM INFORMATION
Description of Training Program (Summary):
Entergy Texas, in response to the energy needs of LNG facilities and Hydrogen facilities in Port
Arthur, Entergy is building the Legend Power plant in Port Arthur. This application is to
facilitate the training of construction workers needed to build the plant. Kiewit/TEC of
Houston, Texas, is
The contractor for the facility is proposing to hire at least 300 construction workers in various
phases of construction. Digital Workforce Academy is partnering with Kiewit/TIC to provide
the workforce needed for this project and help address the workforce participation rate in Port
Arthur and local communities by providing short-term training to unemployed and
underemployed southeast Texans.
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The proposed program will implement targeted outreach strategies to effectively engage each
population:
1. Long-Term Unemployed: The program will reach out to the long-term unemployed through
community organizations, high schools,job fairs, social media, and local partnerships to
connect them with training and support services. DWA will utilize the Southeast Texas
workforce solutions participant tracking system, a tool capable of identifying those who are
Currently unemployed. Additionally, DWA will coordinate with Job Centers and our training
providers to conduct a comprehensive outreach effort for the unemployed. DWA will actively
recruit eligible training participants, ensuring awareness and access to the available training
opportunity.
2. Underemployed: The program will reach out to the underemployed through similar efforts as
the plan to reach the unemployed. Also, DWA will partner with Kiewit to provide upskilling
opportunities with wage reimbursement options for their employees in lower-skilled and lower-
paying roles. Individuals who are currently employed but making
below $15/hour will be eligible. At the completion of the training, previously underemployed
individuals must receive, at a minimum, a $2/hour pay increase and must be paid, at a minimum,
$1 5/hour.
By focusing on these two groups,the program will not only increase the number of people
working in Port Arthur and surrounding communities but also help individuals find better job
opportunities, leading to a stronger economy and improved quality of life for southeast Texans
throughout the region.
Certifications Issued: NCCER Core, including Rigging, OSHA 10, and Financial Literacy.
Target Occupations: The target occupations for the program will be apprenticeship
opportunities in Commercial Electrician, Construction technicians, HVAC technician, Heavy
equipment operator, and maintenance technician, once the NCCER core pre-apprenticeship
training is complete.
Instructor Qualifications: 3 years of industrial experience with some supervisory experience.
Program Cost Per Student: $2,500/student
Categories : (Intake, Life skills, NCCER Core/OSHA10,Indirect cost)
Expected Outcomes (Enrollment, Completion, Placement):
In this program, DWA proposes a short-term training program (maximum lmonth)
targeted for the needs of Kiewit, which has identified to start with NCCER core, English
as a second language, and Spanish contractors. This program is designed to equip
individuals with the skills needed to either enter the labor force and achieve self-
sufficiency or advance from underemployment to higher-paying positions.
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The activities associated with this program are as follows:
Outreach and Recruitment Activities:
-Partner with community organizations, high school career coaches, job fairs, social
media, WIOA staff in Job Centers, and local businesses to identify and engage
unemployed and underemployed individuals and conduct comprehensive outreach
campaigns through
Job Centers to raise awareness of training opportunities.
-Utilize the workforce solutions participant tracking system to identify and target long-
term unemployed individuals.
-Collaborate with employers in targeted industry sectors to identify basic aptitude and
personality traits and adjust recruitment, assessment, and matching activities
accordingly.
-Outreach and recruitment activities will begin in February 2026
Assessment and Matching Activities:
-Assess the skills, aptitude, and personality traits of unemployed and underemployed
individuals to identify gaps and match them with appropriate training programs.
-Assessment and matching activities will begin in September 2025.
Training Programs Activities:
-Provide access to tailored training programs, no longer than 1 month, in Kiewit-
identified sectors, including NCCER Core for construction, ESL, and Spanish for
contractors in the beginning.
-Training programs are specifically designed to enhance participants' skills in
occupations, which are identified utilizing local data, that are key to Southeast Texas
economic growth. This targeted approach ensures that participants gain relevant, in-
demand skills that improve their employability.
DWA will require all program participants to register in our NCCER/DWA database. This
will allow the attendance, module testing, and program outcomes to be tracked.
DWA will track and assess one-on-one interactions between counselors and
participants, placements into the program, as well as referral in the training opportunity.
It is anticipated that 200 participants will be enrolled in classroom training lasting one
month. Each cohort will be 12 per class for 24 months. Class schedule will include 5
hours per day 4 days a week. The objective is for 75% of these participants to
successfully complete the program and secure employment with a
wage of$20 per hour or higher. Kiewit has agreed to interview every participant who
completes the program and after 3 months on the job, participants will be assessed and
offered apprenticeship positions in the area they want to pursue and the area Kiewit
determines they are suited for.
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EXHIBIT "B"
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.
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EXHIBIT "C"
GOVERNMENT CODE
TITLE 10. GENERAL GOVERNMENT
SUBTITLE F. STATE AND LOCAL CON TRACTS 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.
42541463 Page 14
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. I, 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.
Program of Health Excellence hereby acknowledges that it has reviewed Chapter 2264,
Texas Government Code.
Digital Workforce Academy, Inc.
Date: By:
Signature
Its:
Title
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EXHIBIT "D"
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.
Digital Workforce Academy, Inc.
Date: By:
Signature
Its:
Title
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EXHIBIT "F"
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.
Digital Workforce Academy, Inc.
Date: By:
Signature
Its:
Title
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