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HomeMy WebLinkAboutPR 22398: MEMORANDUM OF UNDERSTANDING WITH THE YMCA OF SOUTHEAST TEXAS P.R. NO. 22398 2/8/2022 spy 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 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 for the initial development, programming assistance and administration of the facility through a partnership with the City of Port Arthur; and WHEREAS, per Resolution No. 16-171, the City of Port Arthur entered into a Memorandum of Understanding with the YMCA of Southeast Texas for a two (2) year period; and WHEREAS, it is in the best interest of the citizens of Port Arthur for the City to renew the Memorandum of Understanding between the City and the YMCA of Southeast Texas, for the management of the Westside Development Center for another two (2) s.pr22398 year period, in substantially the same form as attached hereto as Exhibit "A" . 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 (2) 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 , 2022 AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES : Mayor: Councilmembers : , NOES : . s.pr22398 Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: (It"? Valecia . Tizeno, City Attorne APPROVED FOR ADMINISTRATION: Ron Burton, City Manager s.pr22398 EXHIBIT "A" s.pr22398 MEMORANDUM of UNDERSTANDING BETWEEN The City of Port Arthur and YMCA of Southeast Texas This document and partnership are 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 non-profit organizations can provide services and deliver programs for residents. 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, and the YMCA of Southeast Texas agree the YMCA of Southeast Texas will continue offering 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 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. The City 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 YMCA of Southeast Texas and the City of Port Arthur agree to professional mediation services within Jefferson County, Texas. February 2022 MEMORANDUM of UNDERSTANDING BETWEEN The City of Port Arthur and YMCA of Southeast Texas Time Frame of Agreement This Memorandum of Understanding will remain in effect for 24 months with the understanding that the City of Port Arthur and YMCA of Southeast Texas 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.Upon receipt of a termination notice,the City of Port Arthur point of contact and the YMCA of Southeast Texas CEO 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 ,2022,and will remain in effect as outlined within the document or until such time as either party files written termination notice with all parties. Ron Burton Kevin Pearson City Manager CEO City of Port Arthur YMCA of Southeast Texas Date Date February 2022 i11.rr Westside Development Center Co,„J = . Usage Request Formvii o„ ;th .— re. What services do you provide? Notice for all Requests While the purpose and vision of the Westside Development Center is to offer a wide variety of development opportunities for nonprofits and the community, we recognize that the general public also has a need for a central location for special events.This may include a limited number of social events scheduled per year. Please note that developmental and training programs will be given priority booking consideration. By signing this request form, I acknowledge that I have read the full policies and restrictions of the Westside Development Center and understand them. Signature: Da te: Processing Your Request Once your event has been reserved in our system,we will send a User Agreement Contract. 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 of Southeast Texas Westside Development Center immediately. If the User Agreement Contract is not received within three (3) business days your meeting will automatically cancel. • Enclose a deposit check made payable to: YMCA of Southeast Texas. The YMCA accepts checks 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 of Southeast Texas Westside Development Center Policies& Procedures. • Return the signed User Agreement Contract, copy of 501c3 or EIN document, and $100 deposit. • It is necessary to have all required documentation (501c3 or EIN, deposit and fees) a minimum often (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 of Southeast Texas Westside Development Center you will forfeit your deposit. YMCA of Southeast Texas Westside Development Center 601-A Rev. Dr. Ransom Howard Street Port Arthur,TX 77640 the www.ymcasetx.org �g Westside Development CenterCn, Usage Request Form girt rth` rem, Please print NAME LESSEE REPRESENTATIVE AT EVENT ORGANIZATION NAME TAX ID OR EIN NUMBER ADDRESS CITY STATE PHONE ALTERNATE PHONE NAME OF EVENT Type of Request Please list date(s) and times Room Date Start Time End Time Total Hours Total Not to exceed 3 months Deposit $100.00 For office use only Meeting Room with Kitchen Meeting Room Temporary Office TOTAL Start time and end time will include set up and clean up time. Fax Completed Form to 409.984-9915 or email to gtrainer@ymcasetx.org YMCA of Southeast Texas Westside Development Center 601-A Rev. Dr. Ransom Howard Street Port Arthur,TX 77640 the www.ymcasetx.org Westside Development Center Cif)of Usage Request Form ,r .tr` '^ Details of Event Please share what you are planning and how it will help develop and service the Port Arthur Community (if applicable) What is your target audience? (Nonprofits, organizations, individuals, open to the public) Organization Information (if applicable) What are your geographical boundaries of service? YMCA of Southeast Texas Westside Development Center 601-A Rev. Dr. Ransom Howard Street Port Arthur, TX 77640 the www.ymcasetx.org �P the FOR YOUTH DEVELOPMENT" �r FOR HEALTHY LIVING -� FOR SOCIAL RESPONSIBILITY YMCA OF SOUTHEAST TEXAS Westside Development Center Policies and Procedures Westside Development Center 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 services and programs can be delivered for the development of the community and area 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 PROGRAMSTHAT BUILD United A HEALTHY SPIRIT,MIND,AND BODY FOR ALL." Way 6760 9TH AVENUE—PORT ARTHUR,TEXAS 77642—(409)962-6644 www.ymcasetx.org the �s FOR YOUTH DEVELOPMENT0 �' FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY YMCA OF SOUTHEAST TEXAS Westside Development Center Policies and Procedures 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—Thursday 10:00 am to 3:00 pm Friday For scheduled events Saturday For scheduled events Sunday For scheduled events The WDC will be open in the evenings for scheduled events and YMCA programs. 'TO PUT CHRISTIAN PRINCIPLES INTO PRACTICE THROUGH PROGRAMSTHAT BUILD United fah A HEALTHY SPIRIT,MIND,AND BODY FOR ALL." Way 6760 9TH AVENUE—PORT ARTHUR,TEXAS 77642—(409) 962-6644 www.ymcasetx.org the FOR YOUTH DEVELOPMENT° FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY YMCA OF SOUTHEAST TEXAS Westside Development Center Policies and Procedures Who is eligible to use the facility? The Westside Development Center offers 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 Westside Development Center at 409-984-9096. Verification of General Liability Insurance will 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. Deposit A deposit of$100 per room is required for all meetings and events. The YMCA accepts checks 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, if no damage is found and if the meeting/ event was held within the time requested. 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. Please note that all deposits received will be deposited by the YMCA. Any returned deposit checks will cancel your event. Fees There will be no rental charge for the use of the facilities for those groups who meet the mission of the Westside Development Center. Groups are responsible for cleaning the meeting space and leaving it ready for use by other groups. The YMCA reserves the right to charge for program offerings to recoup the cost of presenting the YMCA program(s). This cost will be nominal and only to recoup the cost of the program. "TO PUT CHRISTIAN PRINCIPLES INTO PRACTICE THROUGH PROGRAMSTHAT BUILD United A HEALTHY SPIRIT,MIND,AND BODY FOR ALL." Way 6760 9T"AVENUE—PORT ARTHUR,TEXAS 77642—(409)962-6644 www.vmcasetx.org the FOR YOUTH DEVELOPMENT® FOR HEALTHY LIVING '� FOR SOCIAL RESPONSIBILITY YMCA OF SOUTHEAST TEXAS Westside Development Center Policies and Procedures In keeping with the vision of the facility to be a place for trainings and developmental opportunities that social activities (rentals) will be limited to availability of facilities not being utilized by non-profit or community events. Fees for facility rentals for social events is as follows • $ 45.00 per hour for meeting room without kitchen. $55/hour on Sundays • $ 65.00 per hour for meeting room with kitchen. $'75/hour on Sundays A $35 fee will be charged for all returned checks. 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. Application An application for use and reservation of the WDC must be completed and submitted at least 14 days in advance of the event if space is available. Application can be found at www.ymcasetx.org. Lessee or lessee representative must be present during the scheduled event. Beverages No red or dark colored punch or beverages may be served. Alcohol is not permitted. Cancellations Cancellations require a 24 hour notice. Children and Youth 'TO PUT CHRISTIAN PRINCIPLES INTO PRACTICE THROUGH PROGRAMSTHAT BUILD United A HEALTHY SPIRIT,MIND,AND BODY FOR ALL." Way PO_ 6760 9T"AVENUE—PORT ARTHUR,TEXAS 77642—(409)962-6644 www.vmcasetx.org the FOR YOUTH DEVELOPMENT® C`r FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY YMCA OF SOUTHEAST TEXAS Westside Development Center Policies and Procedures 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. Ratio should be 1 adult for every 15 children. Open Carry Weapon Pursuant to Section 30.07, Penal Code (Trespass by license holder with an openly carried handgun), a person licensed under subchapter H, Chapter 411, government code (Handgun licensing law), may not enter this property with a handgun that is carried openly. 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. 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. 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 YMCA program 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 Westside Development Center. "TO PUT CHRISTIAN PRINCIPLES INTO PRACTICE THROUGH PROGRAMSTHAT BUILD United A HEALTHY SPIRIT,MIND,AND BODY FOR ALL." Way MO. 6760 9T"AVENUE—PORT ARTHUR,TEXAS 77642—(409)962-6644 www.vmcasetx.org the FOR YOUTH DEVELOPMENT° FOR HEALTHY LIVING ;� FOR SOCIAL RESPONSIBIUTY YMCA OF SOUTHEAST TEXAS Westside Development Center Policies and Procedures 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 Westside Development Center. Planning media coverage without prior authorization may result in forfeiture of future use of the facility. The Westside Development Center 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. No Shows/Cancellations Once a meeting is confirmed it is the groups' responsibility to notify the Westside Development 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 Westside Development Center staff efforts to maintain security of the building and grounds and to provide for the safety of all visiting the center. Occupancy for the room without kitchen is 165 (chairs only) and 80 (tables and chairs) Occupancy for room with kitchen is 150 (chairs only) and 75 (tables and chairs). 'TO PUT CHRISTIAN PRINCIPLES INTO PRACTICE THROUGH PROGRAMSTHAT BUILD United A HEALTHY SPIRIT,MIND,AND BODY FOR ALL." Way MI) 6760 9TH AVENUE—PORT ARTHUR,TEXAS 77642—(409)962-6644 www.ymcasetx.org the FOR YOUTH DEVELOPMENT® FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY YMCA OF SOUTHEAST TEXAS Westside Development Center Policies and Procedures 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 The Westside Development Center. 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 Westside Development Center at 409-984-9096 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 Westside Development Center accepts checks 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 or EIN 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 Westside Development Center you will forfeit your deposit. Proof of insurance must be received a minimum of ten (10) business days before your scheduled event, or your reservation may be canceled. 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) removable adhesive paper are permitted. "TO PUTCHRISTIAN PRINCIPLES INTO PRACTICE THROUGH PROGRAMSTHAT BUILD United A HEALTHY SPIRIT,MIND,AND BODY FOR ALL." Way 6760 9T"AVENUE—PORT ARTHUR,TEXAS 77642—(409)962-6644 www.ymcasetx.org `h a FOR YOUTH DEVELOPMENT° c� FOR HEALTHY LIVING �� FOR SOCIAL RESPONSIBILITY YMCA OF SOUTHEAST TEXAS Westside Development Center Policies and Procedures Smoking The WDC is a tobacco and smoke-free facility. This also includes the parking lot and all WDC grounds. Social and 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 Westside Development Center 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 social events are limited to times when non-profit and community programs are not in place. 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 PROGRAMSTHAT BUILD United /y1 A HEALTHY SPIRIT,MIND,AND BODY FOR ALL." 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