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Home My WebLink AboutPR 23734: MOU WITH LAMAR UNIVERSITY, REPURPOSING THE PALMS AT P.I. GOLF COUSE PROPERTY t►rt r: iww.Po ,rthurTx.go INTEROFFICE MEMORANDUM Date: April 24, 2024 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: George Davis,Director of Pleasure Island RE: P. R.No. 23734—Memorandum of Understanding(MOU)between Lamar University and the City of Port Arthur to explore repurposing The Palms at Pleasure Island Golf Course property, located at 1901 T.B. Ellison Parkway, Port Arthur, Texas 77640 Introduction: The intent of this agenda item is to seek the City Council's authorization to enter into a Memorandum of Understanding (MOU) with Lamar University of Beaumont, Texas, to assess future options for utilizing the former golf course property as a place for citizens and tourists to enjoy the ecological elements while participating in recreational activities. Background: The Palms at Pleasure Island have suffered severe damage due to hurricanes over the years. The former golf course has become overgrown which may have allowed for the establishment of habitat for many different species of vegetation,birds and other wildlife. This project will assist in identifying vegetation,infrastructure and wildlife on the property. Budget Impact: None Recommendation: It is recommended that the City Council authorize the Memorandum of Understanding with Lamar University of Beaumont, Texas, to assess future options for utilizing the former golf course property as a place for citizens and tourists to enjoy the ecological elements while participating in recreational activities. Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P. R. 23734 4/24/24 gd RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING (MOU) WITH LAMAR UNIVERSITY OF BEAUMONT, TEXAS TO EXPLORE REPURPOSING THE PALMS AT PLEASURE ISLAND GOLF COURSE PROPERTY, LOCATED AT 1901 T.B. ELLISON PARKWAY, PORT ARTHUR, TEXAS 77640 WHEREAS,Lamar University has a mutual interest with the City of Port Arthur to explore repurposing The Palms at Pleasure Island Golf Course property; and WHEREAS, the former course has become overgrown which may have allowed for the establishment of habitat for many different species of vegetation,birds and other wildlife; and WHEREAS, Lamar University will assist in identifying vegetation, infrastructure and wildlife; and WHEREAS, Lamar University will assess future options for utilizing the former golf course property as a place for citizens and tourists to enjoy the ecological elements while participating in recreational activities; and WHEREAS,this MOU shall remain in effect for 2 years from the date of the last signature unless amended or terminated by either party upon ninety days of notice to the other party; 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 City Manager to enter into a Memorandum of Understanding between Lamar University and the City of Port Arthur, in substantially the same form attached hereto as Exhibit"A", to explore repurposing The Palms at Pleasure Island Golf Course property at no budgetary cost to the City; and, E P.R.23734 4/24/24 gd Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED THIS day of , 2024 at a Regular Meeting of the City of Port Arthur, Texas by the following vote: AYES: (Mayor) Councilmembers: Noes: Thurman Bill Bartie Mayor P.R. 23734 4/24/24 gd ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: 0 : XL:. /5191t. OM. Black I -rim City Attorney APPROVED AS TO ADMINISTRATION: Ronald Burton, CPM 4MangCiter George Davis Director of Pleasure Island i,- C 1fto# Wi iams CPPB Purchasing Manager P. R. 23734 4/24/24 gd Exhibit "A" Memorandum of Understanding Between City of Port Arthur, TX And LAMAR UNIVERSITY Beaumont,TX This Memorandum of Understanding(also sometimes referred to as either MOU or Agreement)is made this 1st day of April 2024 between Lamar University("UNIVERSITY"),a member of The Texas State University System and an institution of the State of Texas with its business operations located at 4400 MLK Blvd.,P.O. Box 10119,77710 (hereinafter Lamar or Lamar University) and the City of Port Arthur,Texas, ("COMPANY") located at Port Arthur City Hall,444 4th St,Port Arthur,TX 77640,each of the aforementioned being referred to individually as the"Party" or collectively as the"Parties." The Parties have a mutual interest in cooperation and enter this MOA to explore repurposing The Palms at Pleasure Island Golf Course property("the Palms Property"),located 1901 T.B. Ellison Parkway Port Arthur,Tx 77640. The Palms at Pleasure Island is owned by the City of Port Arthur and suffered severe damage when Hurricane Rita struck Southeast Texas in 2005.The former course has become overgrown,but this may have allowed for the establishment of habitat for many different species of vegetation,birds,and other wildlife. This project will assist in identifying vegetation,infrastructure,and wildlife on golf course property for assessing future options for utilizing the former golf course property as a place for visitors and community members to enjoy its ecological elements while participating in recreational activities. ARTICLE 1:AUTHORITY Authority for cooperation in areas of research and development,and resultant intellectual property and patents will be in accordance with the regulations and practices of the Texas State University System. The governing ownership and commercialization rights of applications and products will be in accordance with U.S.patent laws and negotiated under separate written agreement ARTICLE 2:SCOPE OF COLLABORATION 2.1 Areas of collaboration may be proposed by either institution and include,but are not limited to: 1. Participation in the Department of Energy sponsored project Southeast Texas Urban Integrated Field Laboratory(SETx Urban IFL). 2.Developing a project with parties listed in Article 2.2. 3. Seeking additional opportunities through stakeholder engagement. 4. Commitment to the proposed activities listed in Article 2.3. 2.2 Participating parties: 1. City of Port Arthur 2.Lamar University—through the Center for Resiliency(CfR) 2.3 Activities and commitments listed below include,but are not limited to: 1.City of Port Arthur: • Commits to granting identified project parties'access to the Palms Property for all work required by the scope of the project • Commits to hold and maintain all permits,real estate easements,as well as any other authorizations required by state,federal or local law to implement the project and ensure compliance with all general and special conditions. • Commits to ensuring the clearing and maintenance of on-site golf cart pathway. • Commits to providing site plans,maps,and historical information for the property. 2.Lamar University— Center for Resiliency • Commits to assisting in identifying stakeholders and community partners for project success. • Will host internal and public meetings/engagements to gather information and resources for consideration in project activity. • Commits to performing project tasks,to be defined in subsequent agreements,for performing ecological and infrastructural assessments of the Palms Property.Assessments could include projects focused on but not be limited to the following: 1. Preliminary vegetation and wildlife surveys to identify plant species,and wildlife on the property, 2. Gathering data from stakeholders and public used as input for potential property design, 3. Preliminary visual models for potential future site designs. • Releases from liability and waives the right to sue The City of Port Arthur,its employees, officers,volunteers and agents (collectively"the City") from any and all claims,including claims of the City's negligence,resulting in any physical injury,illness (mcluding death) or economic loss that participants may suffer or which may result from participation in this project,travel to and from the Palms Property site (including air travel),or any events incidental to this project and acknowledges: 1. Understands that there are risks associated with participating in activities on the Palms Property,such as physical and/or psychological injury,pain,suffering,illness, disfigurement,temporary or permanent disability,death,or economic loss. 2. Acknowledges that injuries or outcomes may arise from participants actions, inactions,or negligence,or the condition of the Palms Property and its facilities. ARTICLE 3:DURATION AND EVALUATION 3.1 This MOA shall be in effect for a period of 2 years from the last date of signature. Either party may request termination of this agreement,in writing,ninety(90)days prior to the proposed termination date.Any activities in progress at the time of termination shall be permitted to conclude as planned unless otherwise agreed in writing by both Parties. 3.2 This MOA may be renewed three (3) times if both Parties agree in writing to continue the collaboration. 3.3 Amendments to this MOA may be requested,in writing,by either party and approved by the authorized signatories. ARTICLE 4: IMPLEMENTATION OF AGREEMENT To facilitate and enable collaboration,the Parties agree to hold meetings as necessary.Both the University and Companywill identify individuals at their respective institutions to serve as the primary point of contact responsible for implementing and coordinating the articles of this MOA.In addition,the Parties will: 4.1 Jointly prepare and approve all joint proposal materials (e.g.white papers,statements of work, briefings,etc.),and any presentations or submissions will be in accordance with University's policies and procedures through the Office of Research and Sponsored Programs Administration. 4.2 Points of Contact 1. City of Port Arthur: Ronald Burton City Manager (409) 983-8101 ron.burton(a)portarthurt\..gov 2. For all contract related matters for Lamar University: Erin Lovelady Lemoine Director of Pre-award Services and Proposal Development (409)-880-8376 eklovelady@lamar.edu 3. For all technical matters for Lamar University: Liv Haselbach Executive Director of the Center for Resiliency (409) 880-7740 lhaselbach@lamar.edu Davon Chargois Grant Manager of the Center for Resiliency (409) 880-8058 dchargois2@lamar.edu ARTICLE 5:USE OF NAME None of the parties shall use the name,logo,likeness,trademarks,image,or other intellectual property of either of the other parties for any advertising,marketing,endorsement or any other purposes without the express written consent of an authorized representative of the other party.Partnering Institution may refer to the affiliation with Lamar University in public information materials regarding the relevant collaboration provided such materials are preapproved in writing by Lamar University.Partnering Institution may refer to the affiliation with Lamar University in its brochures and other public information materials having to do with the collaboration resulting from this MOA. ARTICLE 6: INDEPENDENT CONTRACTORS Each party is separate and independent,and this Agreement shall not be deemed to create a relationship of agency,employment,or partnership between or among them. Each party understands and agrees that this Agreement establishes an independent contractor relationship and that the agents or employees of each respective party are not employees or agents of any other party. ARTICLE 7:SEVERABILITY If any of the provisions of this Agreement are rendered or declared illegal for any reason,or shall be invalid or unenforceable,the invalid,unenforceable,or illegal provisions shall be modified to the minimum extent necessary in keeping with the Parties'intentions as set forth herein.To the extent that such modification is not possible,the invalid,unenforceable,or illegal provisions shall be severed from the Agreement,and the remainder of this Agreement shall remain in full force and effect. ARTICLE 8:WAIVER The waiver of any breach of any term of this Agreement does not waive any subsequent breach of that or another term of this Agreement. ARTICLE 9:ASSIGNMENT This Agreement shall not be assignable by either Party without the prior written consent of the other Party. Any and all assignments not made in accordance with this section shall be null and void. ARTICLE 10: GOVERNING LAW This Agreement,and any and all claims,disputes,allegations,proceedings, or causes of action arising out of or relating to this Agreement,shall be interpreted and construed in accordance with the laws of the State of Texas,without regard to its conflict of laws principles. To the extent applicable,the dispute resolution process provided in Chapter 2260,Texas Government Code,and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260,shall be used by COMPANY and UNIVERSITY to attempt to resolve any claim for breach of contract made by COMPANY that cannot be resolved in the ordinary course of business.Any claims,disputes,allegations,proceedings,or causes of action between the Parties arising out of or relating to this Agreement shall be brought,in the federal or state courts located in Jefferson County, Texas, the place of this Agreement. ARTICLE 11: ENTIRE AGREEMENT Unless otherwise specified,this Agreement,and all Work Orders hereto,which are incorporated herein in full by reference,embody the entire agreement between UNIVERSITY and the COMPANY for the Research Project contemplated hereby,and any prior or contemporaneous representations,either oral or written,are hereby superseded.No amendments or changes to this Agreement shall be effective unless made in writing and signed by authorized representatives of the Parties. ARTICLE 12:NOTICES Any consent,waiver,notice,demand,request or other instrument required or permitted to be given under this Agreement or any related agreements shall be in writing and shall be delivered by hand,postage prepaid, by registered,certified or express mail,reputable overnight courier service or electronic communication and shall be deemed given when so delivered by hand or transmitted,or if mailed,five (5) days after the notice is delivered to the courier service,addressed to the addresses set forth herein,or to such other address as may later be specified in writing by either party. ARTICLE 13:NO WAIVER OF SOVEREIGN IMMUNITY Notwithstanding any provision of this Agreement nothing herein shall be construed as a waiver by Lamar University of its constitutional,statutory or common law rights,privileges,immunities or defenses.To the extent the terms of this paragraph conflicts with any other provision in this MOA,the terms of this paragraph shall controL ARTICLE 14.PUBLIC INFORMATION The System strictly adheres to all statutes,court decisions and the opinions of the Texas Attorney General with respect to disdosure of public information under the Texas Public Information Act,Chapter 552,Texas Government Code. Parties are required to make any information created or exchanged with the state pursuant to this Order,that is not otherwise excepted from disclosure under the Texas Public Information Act,available in a format that is accessible by the public at no additional charge to the state.The following format(s) shall be deemed to be in compliance with this provision: electronic files in Word,PDF,or similar generally accessible format. For City of Port Arthur,Texas City Manager,Ronald Burton DATE: For Lamar University Associate Provost for Research & Sponsored Programs,Jerry Lin • DA1'h: