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HomeMy WebLinkAboutPR 19148: MOU WITH THE YMCA OF SE TEXAS, MANAGEMENT OF WESTSIDE DEVELOPMENT CENTER (REQUESTED BY MAYOR PRINCE) P.R. NO. 19148 6/27/16 updated gt RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PORT ARTHUR AND THE YMCA OF SOUTHEAST TEXAS, FOR THE MANAGEMENT OF THE WESTSIDE DEVELOPMENT CENTER (REQUESTED BY MAYOR PRINCE) WHEREAS, on December 11, 2012, per Resolution No. 12-587, the City Council authorized the acceptance of the facility and all improvements to City owned property located at 601 W. Reverend Dr. Ransom Howard Street, Port Arthur, Texas, to be used as a Development Center; and WHEREAS, per Resolution No. 13-024 , the City of Port Arthur entered into a Memorandum of Understanding with United Way MSJC is for the initial development, programming assistance and administration of the facility through a partnership with the City of Port Arthur; and WHEREAS, the Port Arthur Foundation provided the funds to carry out the daily operations of the facility; and WHEREAS, it is in the best interest of the citizens of Port Arthur for the City to enter into a Memorandum of Understanding between the City and the YMCA of Southeast Texas, for the management of the Westside Development Center for a two year period, in substantially the same form as attached hereto as Exhibit "A. s.pr19148 updated 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 Manager is herein authorized to execute on behalf of the City the Memorandum of Understanding, with attached Policies and Procedures, between the City of Port Arthur and the YMCA of Southeast Texas, for the management of the Westside Development Center for a two year period, in substantially the same form as attached hereto as Exhibit "A" . Section 3 . That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council . READ, ADOPTED, AND APPROVED, this day of , 2016 AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES : Mayor: Councilmembers : , NOES : . Mayor s.pr19148_updated ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: \(Qc Valecia R. zeno, City Attorney APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager s.pr19148_updated EXHIBIT "A" s.pr19148 updated MEMORANDUM of UNDERSTANDING BETWEEN The City of Port Arthur and YMCA of Southeast Texas This document and partnership is in reference to the West Side Development Center administration. Background The West Side Development Center was built with funds provided by Motiva,following the Motiva crude expansion project. The gift of the West Side Development Center stands as a reminder of Motiva's partnership with the City of Port Arthur and the community as they celebrated becoming the largest refinery in the nation. The vision and mission of the center is to serve as a location where the non-profit organizations can provide services and deliver programs for residents. Because of the unique purpose of the facility,the United Way of Mid& South Jefferson County was contacted as a partner to administer the facility on a year to year basis. The United Way MSJC's ongoing relationship with many area nonprofits and their work to bring specialize training opportunities to the nonprofit sector made their partnership in the project a logical step.At a future point, it is expected to have a community center located in the same area as the West Side Development Center and the Valero Health Clinic. Until the time that the vision of the three facilities is realized,the West Side Development Center will attempt to meet some of the needs of the community beyond the original mission of the facility and as allowed in the policies and procedures of the complex. In the summer of 2015,representatives from Motiva and the City of Port Arthur contacted a representative from the YMCA of Southeast Texas to discuss the possibility of the YMCA of Southeast Texas taking over the day to day operations of the West Side Development Center. At the August 2015 Board of Directors meeting,representatives from Motiva and the City of Port Arthur presented the opportunity to the Board of Directors. The Board of Directors voted to approve a collaboration with the city; and the YMCA to operate the West Side Development Center as long as there is a zero net result on the YMCA financials. Mutual Understanding of Key Partners With respect to the facility the City of Port Arthur, Motiva, PAPA and the YMCA of Southeast Texas have met and discussed the types of events and uses for the facility and agreed upon the YMCA of Southeast Texas being in a unique position to offer continued development, programming assistance and administration of the facility through a partnership with the City of Port Arthur. The YMCA of Southeast Texas Commitment The YMCA of Southeast Texas agrees to develop the policies for the West Side Development Center, provide staff support for the facility janitorial and administration needs, develop a section of their website to highlight the West Side Development Center, seek programs that meet the intended vision of the facility,market the facility,develop a brochure to assist in the marketing of the facility to the area, develop a process for the reservation of the facility, and the day to day management of the facility. Pursuant to City Ordinance, no smoking or alcohol is allowed in the building. The YMCA of Southeast Texas will develop and implement a"Committee of Management"for the West Side Development Center to oversee day to day operations, provide feedback to the City of Port Arthur and the YMCA of Southeast Texas Board of Directors and solicit input and evaluations from the community. The YMCA of Southeast Texas agrees to these stated responsibilities with the understanding that the funds to accomplish the daily operations of the facility will be provided from funding grants and not from YMCA of Southeast Texas operations and donations. Feb2016 MEMORANDUM of UNDERSTANDING BETWEEN The City of Port Arthur and YMCA of Southeast Texas The Ciry of Port Arthur Commitment The City of Port Arthur agrees to designate one staff person as the primary contact for all reporting and transitioning activities. In addition to a point of contact,the City of Port Arthur will provide free lawn maintenance,water, garbage and sewer as with other city facilities. The insurance needs and requirements for structure, contents and liability is the responsibility of the City of Port Arthur as the owners of the facility and grounds. The City of Port Arthur entrust the administration and daily management of the West Side Development Center to the YMCA of Southeast Texas. Grievance/Conflict Mediation Should any conflict arise,the President/CEO of the YMCA of Southeast Texas,the City of Port Arthur Point of Contact,one representative from PAPA and one Motiva representative will meet as a Grievance/Conflict Mediation Committee. The committee will hear the conflict and a majority vote will determine the mediated outcome. Time Frame of Agreement This Memorandum of Understanding will remain in effect for 24 months with the understanding that the City of Port Arthur,the YMCA of Southeast Texas,PAPA and Motiva representatives will meet at a date, time and location to be determined to evaluate the partnership and develop a plan for continuing the relationship or transitioning the administration fully or partially to the City of Port Arthur. Early Termination If at any point during the time period of the agreement either party wishes to terminate the relationship, they may do so with a 60 day written notice to the partner with copies to PAPA and Motiva.At such time, the Grievance/Conflict Mediation Committee will schedule a meeting within two weeks of the date of the notice to discuss an amicable transition of administration and programming responsibilities. This agreement is entered into on the_day of ,2016, and will remain in effect as outlined within the document or until such time as either party files written termination notice with all parties. Brian McDougal William"Bud"Oliver City of Port Arthur YMCA of Southeast Texas Date Date Feb2016 the FOR YOUTH DEVELOPMENT° FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY POLICIES AND PROCEDURES YMCA OF SOUTHEAST TEXAS WESTSIDE DEVELOPMENT CENTER POLICIES AND PROCEDURES Westside Development Center (WDC) was built with funds provided by Motiva, following the Motiva Crude Expansion Project. With respect to the community and city the corporation wanted to give back to the community and help revive the west side of Port Arthur and encourage the development of the community. The gift of the Westside Development Center stands as a reminder of Motiva's partnership with the City of Port Arthur and the community as they celebrate becoming the largest refinery in the nation. Nick Smallwood, Crude Expansion Project Director, said the company wanted to leave a legacy project—something that would impact the community for years to come. The community investment of a million dollars granted to Port Arthur Positive Action, a charitable group that administered construction of the project. Upon completion, ownership of the approximate 5,000 square foot building was transferred to the city. The vision and mission of the center was to serve as a location where non-profit organizations can provide services and deliver programs for residents. Because of the unique purpose of the facility the United Way of Mid & South Jefferson County (United Way) was contracted as a partner to administer the facility on a year to year basis. The United Way's ongoing relationship with many area nonprofits and their work to bring specialized training opportunities to the nonprofit sector made their partnership in the project a logical step. In August of 2015, YMCA of Southeast Texas (YMCA) was approached to take over the operations of the Westside Development Center. The YMCA Board of Directors met on Thursday August 20, 2015, and voted to move forward and enter into an agreement with the City of Port Arthur for the YMCA to supervise the facility and expand on services offered at the Westside Development Center. The facility will continue to provide office space for non-profits that will in turn assist the residents of the Western portion of Port Arthur while also offering YMCA programs to the community. "TO PUT CHRISTIAN PRINCIPLES INTO PRACTICE THROUGH PROGRAMS THAT BUILD HEALTHY SPIRIT, MIND,AND BODY FOR ALL." 6760 9T"AVENUE—PORT ARTHUR,TEXAS 77642—(409) 962-6644 www.ymcasetx.org United Way i✓ )44., the FOR YOUTH DEVELOPMENT° FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY POLICIES AND PROCEDURES YMCA programs proposed for the Westside Development Center: YMCA Diabetes Prevention Program Livestrong (cancer survivor program) Y Reads Literacy Program After school Program Achievers Senior Fitness Classes Zumba Yoga/Pilates Healthy Cooking/Nutrition Classes Togetherhood Programs offered through collaboration: GED classes ESL classes Parenting Classes Finance Classes Hours of Operation The YMCA will attempt to adhere to the following hours of Operation. Please note that our hours may change at any time. Monday— Friday 10:00 am to 3:00 pm Saturday 9:00 am to 12:00 pm (for scheduled events) Sunday Closed The WDC will be open in the evenings but will be reserved for neighborhood groups and YMCA programs. "TO PUT CHRISTIAN PRINCIPLES INTO PRACTICE THROUGH PROGRAMS THAT BUILD HEALTHY SPIRIT, MIND,AND BODY FOR ALL." 6760 9TH AVENUE—PORT ARTHUR,TEXAS 77642—(409)962-6644 www.vmcasetx.org United .A Way the FOR YOUTH DEVELOPMENT° FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY POLICIES AND PROCEDURES Who is eligible to use the facility? The Westside Development Center offers free meeting space for the development of the non- profit sector and/or the Port Arthur Community. The focus and format of each meeting may be determined by the user, as long as the content or goal is a focus of development. Those wishing to use the facility and are unsure if their program is in line with the Center's vision and mission are invited to contact the YMCA of Southeast Texas. Verification of General Liability Insurance may be required if event is open to the public. Please go online at www.ymcasetx.org to complete the application. The YMCA reserves the right to refuse accessibility and/or usage to any group, business, organization or resident if there stated purpose does not reflect the intended use of the facility. Alcohol Alcohol is prohibited in the facility and on facility grounds. In the event that alcohol is brought onto the grounds your event will be cancelled immediately and deposit not refunded. Animals/Pets We do not allow animals on site during the meetings, with the exception of animals assisting individuals with disabilities. Service animals must be in service animal uniform and provide proof of licensing upon request. Application An application for use and reservation of the WDC must be completed and submitted at least 30 days in advance of the event. Application can be found at www.ymcasetx.org. Beverages No red or dark colored punch or beverages may be served. Alcohol is not permitted. Cancelations Cancellations require a 24 hour notice. "TO PUT CHRISTIAN PRINCIPLES INTO PRACTICE THROUGH PROGRAMS THAT BUILD HEALTHY SPIRIT, MIND,AND BODY FOR ALL." 6760 9TH AVENUE—PORT ARTHUR,TEXAS 77642—(409) 962-6644 www.ymcasetx.org United , Way the FOR YOUTH DEVELOPMENT® FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY POLICIES AND PROCEDURES Children and Youth Children under the age of 16 must be accompanied by an adult or guardian unless enrolled in a program. No children are to be left unattended. Concealed Weapons Westside Development Center prohibits entry on/in its property/buildings of any person who is carrying a firearm or other weapon, included a concealed license, except authorized security and law enforcement personal. Decorations All decorations must be approved prior to the meeting or event. Table top and free standing decorations are permitted. Tape, push pins or tacks on the walls are not allowed due to the damage they can cause. Metallic confetti or glitter may not be used. Deposit A deposit of$100 is required for all events. The YMCA accepts checks, credit cards and money orders. Checks and money orders should be made payable to the YMCA of Southeast Texas with WDC in the memo. Your deposit will remain on file for future events. Deposit is refundable once inspection is complete, no damage found and facility is left as it was found. You will be notified regarding your deposit refund no more than 30 days post your event. Receipts are available upon request. No future events may be scheduled until all fees are paid. Deposit will be forfeited if less than 24 hours' notice is given. Cancellation requires confirmation of cancellation from the YMCA staff person in charge of the facility at the time of your event. Destructive Behavior and/or Activities In the event that destructive behavior or activities on grounds, your event may be cancelled immediately, if mediation is not successful. Fees There will be no rental charge for the use of the facilities. In return, groups assume the responsibility for cleaning the meeting space and leaving it ready for use by other groups. A deposit will be required (see deposit). The YMCA reserves the right to charge for program offerings to recoup the cost of presenting the program. This cost will be nominal and only to recoup the cost of the program. 'TO PUT CHRISTIAN PRINCIPLES INTO PRACTICE THROUGH PROGRAMS THAT BUILD HEALTHY SPIRIT, MIND,AND BODY FOR ALL." 6760 9TH AVENUE—PORT ARTHUR,TEXAS 77642—(409)962-6644 www.ymcasetx.org United Wd 3 the FOR YOUTH DEVELOPMENT° FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY POLICIES AND PROCEDURES Financial Assistance The YMCA will turn no one away for an inability to pay, our financial assistance program with sliding scale will be available for anyone requesting assistance with the fees. Fire In the case of a fire alarm or fire, all guests are required to vacate the building. Re-admittance to the building will be given by the Fire Department and management. The tampering of any fire alarm will result in prosecution to the full extent of the law. Fundraising The WDC may not be used for political activities, fundraisers, galas or auctions without prior written consent from the YMCA and the City of Port Arthur. Insurance Requirements Proof of General Liability for public events may be required. The standard general liability insurance amount is one million dollars and will serve as the primary insurance for any incidents during the event. Media Coverage/Press Conference Groups must request special approval to allow media coverage or press conferences on WDC property. Requests for media/press coverage must be made a minimum of 8 hours or as soon as possible to the YMCA. Planning media coverage without prior authorization may result in forfeiture of future use of the facility. YMCA reserves the right to review meeting details and content when a group requests permission to allow media coverage. We also reserve the right to approve or decline media access to the WDC property or guests. Meeting Scheduling Eligible organizations may book up to three months at a time. Additional meetings can be scheduled at a later date. Reservations require a minimum of a 30 day notice. "TO PUT CHRISTIAN PRINCIPLES INTO PRACTICE THROUGH PROGRAMS THAT BUILD HEALTHY SPIRIT, MIND,AND BODY FOR ALL." 6760 9TH AVENUE—PORT ARTHUR,TEXAS 77642—(409)962-6644 www.ymcasetx.org United Alk Way ..�.f., the FOR YOUTH DEVELOPMENT® FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY POLICIES AND PROCEDURES No Shows/Cancelations Once a meeting is confirmed it is the groups' responsibility to notify the YMCA if meeting is cancelled. If no cancellation notice is received and the event is not held or attempted on the day of the meeting, it is considered a failure to cancel. No shows forfeit the deposit and no future meetings will be scheduled until the fee is paid. Cancelations require a 24 hour notice. Occupancy Limits Occupancy limits for the meeting rooms will be enforced. Emergency exits should remain clear at all times. Groups are expected to cooperate with YMCA staff efforts to maintain security of the building and grounds and to provide for the safety of all visiting the center. Political Activities Political activities and activists play a roll of importance in our community and country. While these activities are vital to the community and are developmental in a sense they are outside the vision of the WDC. The final review of the activity will be made by the YMCA. Reservation Confirmation Once your event has been reserved in our system, we will send a User Agreement Contract to the person of record. To confirm the reservation: • Review the User Agreement Contract and confirm that all details are correct. If you have any changes, please call the YMCA immediately. If the User Agreement Contract is not received with three (3) business days your meeting will be automatically canceled. • Enclose a deposit check made payable to: YMCA of Southeast Texas. The YMCA accepts checks, credit cards and money orders. • Sign the copy of the User Agreement Contract. Make a copy for your records. Your signature on the contract verifies that the reservation is correct and that you have read and agree to abide by the YMCA Policies and Procedures. • Return the signed User Agreement Contract, copy of 501c3 and $100 deposit. • It is necessary to have all required documentation (copy of 501c3 & deposit) a minimum of ten (10) business days prior to your scheduled event or your reservation may be canceled. • Please note if you cancel your meeting and fail to notify the YMCA you may be banned from future use of the facility. Proof of insurance must be received a minimum of ten (10) business days before your scheduled event, or your reservation may be canceled. "TO PUT CHRISTIAN PRINCIPLES INTO PRACTICE THROUGH PROGRAMS THAT BUILD HEALTHY SPIRIT, MIND, AND BODY FOR ALL." 6760 9TH AVENUE—PORT ARTHUR,TEXAS 77642—(409)962-6644 www.ymcasetx.org United Alk Way IllOr the FOR YOUTH DEVELOPMENT® FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY POLICIES AND PROCEDURES Signage Signage is not permitted on WDC property. A daily meeting schedule will be posted in the WDC lobby and the electronic outdoor sign. If wall posting is needed for classes painters tape and (3M type) adhesive paper are permitted. Smoking The WDC is a smoke-free facility. This also includes the parking lot and all WDC grounds. Special Events The WDC will attempt to assist in meeting the needs of the community for social events. While social events are not within the original intended purpose of the WDC an attempt to work with the community will be made. Please note that developmental programming will be given priority over social events. The YMCA coordinating management will determine on a case by case basis if the WDC is available and suitable for the requested social event within the bounds of the policies and staffing limitations. To keep the focus and vision of the Westside Development Center there will be a limit of 2 social events per month. Weather Closures The WDC reserves the right to cancel meetings or revise business hours in case of inclement weather conditions, such as flood, freezing rain, ice, hurricane, tornado, snow, etc. The safety of our staff and participants is very important. The President/CEO of the YMCA of Southeast Texas will be the responsible party for all office and facility closures due to weather. ALL POLICIES AND PROCEDURES ARE SUBJECT TO CHANGE "TO PUT CHRISTIAN PRINCIPLES INTO PRACTICE THROUGH PROGRAMS THAT BUILD HEALTHY SPIRIT, MIND,AND BODY FOR ALL." 6760 9TH AVENUE—PORT ARTHUR,TEXAS 77642—(409) 962-6644 www.ymcasetx.org United Way MI