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Home My WebLink AboutPR 25040: EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE PORT ARTHUR BEAUTIFICATION COMMISSION AND SSGT. LUCIAN ADAMS ELEMENTARY SCHOOL FOR THE PURCHASE OF RAISED PLANTING CONTAINERS AND SOIL IN SUPPORT OF THE GARDEN OF HOPE PROJECT P. R. # 25040 07/08/26 Ca- tnr RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE PORT ARTHUR BEAUTIFICATION COMMISSION, ACTING BY AND THROUGH THE CITY OF PORT ARTHUR, AND SSGT. LUCIAN ADAMS ELEMENTARY SCHOOL ACTING BY AND THROUGH THE PORT ARTHUR INDEPENDENT SCHOOL DISTRICT FOR THE PURCHASE OF RAISED PLANTING CONTAINERS AND SOIL IN SUPPORT OF THE GARDEN OF HOPE PROJECT; AUTHORIZING AN EXPENDITURE IN AN AMOUNT NOT TO EXCEED $5,000.00- ACCOUNT NUMBER 001-25-065-5472-00-20-000 WHEREAS, the Port Arthur Beautification Commission is an advisory body of the City of Port Arthur dedicated to promoting beautification, environmental stewardship, civic pride, and community engagement through projects that enhance the appearance and quality of life within the City; and WHEREAS, SSgt. Lucian Adams Elementary School has developed the Garden of Hope Project, an educational initiative designed to provide students with hands-on learning opportunities that encourage environmental awareness, gardening, nutrition, healthy living, and community involvement; and WHEREAS, the Port Arthur Beautification Commission has determined that supporting the Garden of Hope Project is consistent with its mission to encourage beautification and environmental education within the community; and WHEREAS, the Port Arthur Beautification Commission desires to purchase raised planting containers and soil, at a cost not to exceed $5,000.00; and WHEREAS, the proposed expenditure has been reviewed and approved by the Parks and Recreation Department, which provides administrative oversight of the Port Arthur Beautification Commission; and WHEREAS, the parties have negotiated a Memorandum of Understanding establishing their respective responsibilities and providing that the City's participation shall be limited solely to the purchase of raised planting containers and soil, and that SSgt. Lucian Adams Elementary School shall be solely responsible for the installation, operation, programming, maintenance, repair, replacement, security, and future upkeep of the Garden of Hope Project; and tor P. R. #25040 07/08/26 ca-tnr WHEREAS, the Memorandum of Understanding further provides that the City shall assume no continuing maintenance responsibilities or financial obligations beyond the authorized purchase of the raised planting containers and soil, and that execution of the Memorandum of Understanding serves a valid public purpose by fostering environmental education, community beautification, and youth engagement; and WHEREAS, funding in an amount not to exceed $5,000.00 is available in the Parks and Recreation Beautification Commission Account No. 001-25-065-5472-00-20-000. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. The City Manager is hereby authorized to execute, on behalf of the City of Port Arthur, A Memorandum of Understanding Between The Port Arthur Beautification Commission, acting by and through The City of Port Arthur, and SSgt. Lucian Adams Elementary School acting by and through The Port Arthur Independent School District, in substantially the form attached hereto as Exhibit "A," for the purchase of raised planting containers and soil in support of the Garden of Hope Project. Section 3. Funding in the amount of $5,000.00 is available for this purpose in the Parks and Recreation Beautification Commission Account Number 001-25-065-5472-00-20-000 Section 4. 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 , A.D., 2026, at a Regular Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: (Mayor) Councilmembers: NOES: Charlotte M. Moses, Mayor ATTEST: Christe Whitley Ned, City Secretary P. R. #25040 07/08/26 ca APPROVED AS TO FORM: Roxann Pais Cotroneo, Esq. City Attorney APPROVED AS TO ADMINISTRATION: Ron Burton, City Ma er Chandra Alpough, CPM Director of Parks and Recreation APPROVED AS TO AVAILABILITY OF FUNDS: Lynda Bosw Director of Finance tt/f&- Clifton Williams, CPPB Purchasing Manager P. R. # 25040 07/08/26 ca- tnr Exhibit "A" MEMORANDUM OF UNDERSTANDING BETWEEN THE PORT ARTHUR BEAUTIFICATION COMMISSION ACTING BY AND THROUGH THE CITY OF PORT ARTHUR, TEXAS AND SSGT. LUCIAN ADAMS ELEMENTARY SCHOOL, ACTING BY AND THROUGH THE PORT ARTHUR INDEPENDENT SCHOOL DISTRICT This Memorandum of Understanding("MOU") is entered into by and between the City of Port Arthur, Texas, acting by and through the Port Arthur Beautification Commission ("PABC"), and SSgt. Lucian Adams Elementary School, acting by and through the Port Arthur Independent School District("School") (collectively, the "Parties"). I. PURPOSE The purpose of this MOU is to establish the Parties' respective responsibilities and understanding regarding the Port Arthur Beautification Commission's purchase of certain gardening materials in support of the School's Garden of Hope project. The PABC agrees to purchase the following items for the School's Garden of Hope project: • Raised planting containers; and • Soil for the raised planting containers. The purchase is intended solely to support the School's Garden of Hope project. II. RESPONSIBILITIES OF THE PARTIES A. Responsibilities of the Port Arthur Beautification Commission The responsibilities of the PABC under this MOU are strictly limited to the purchase and delivery of the raised planting containers and soil. The PABC shall have no obligation or responsibility for: 1. Installation of the raised planting containers; 2. Planting of vegetation or other materials; 3. Irrigation or watering; 4. Maintenance,upkeep,repair,replacement, or operation of the garden or donated materials; 5. Supervision of students,volunteers, employees, or third parties participating in the Garden of Hope project; or 6. Any future improvements or enhancements to the project. B. Responsibilities of the School Upon acceptance and delivery of the materials, the School shall assume sole responsibility for: 1. Installation of the raised planting containers; !F 2. Use and operation of the Garden of Hope project; 3. Maintenance, repair,replacement, and ongoing care of the donated materials; 4. Ensuring the project is maintained in a safe condition; and 5. Any future costs associated with the Garden of Hope project. III. OWNERSHIP AND RISK OF LOSS Ownership of the materials shall be transferred to the School upon delivery and acceptance. Thereafter, the School shall bear all risk of loss, damage, maintenance, repair, or replacement of the items. IV.NO CONTINUING FINANCIAL OBLIGATION This MOU does not create any continuing financial obligation on the part of the City of Port Arthur or the PABC beyond the purchase of the raised planting containers and soil described herein. Any future expenditures associated with the Garden of Hope project shall be the sole responsibility of the School or the Port Arthur Independent School District. V. LIABILITY Each Party shall remain responsible for its own acts and omissions and those of its officers, employees, agents, and representatives to the extent provided by applicable law. Neither the City of Port Arthur nor the PABC assumes any responsibility or liability for the installation,use,maintenance, condition,repair, replacement, operation, or safety of the materials after they have been delivered to and accepted by the School. Nothing contained in this MOU shall be construed as a waiver of any governmental immunity, sovereign immunity, official immunity, or other defense available to the City of Port Arthur, the Port Arthur Beautification Commission, or the Port Arthur Independent School District under the Constitution and laws of the State of Texas. VI.NO PARTNERSHIP OR AGENCY Nothing contained in this MOU shall be construed to create a partnership,joint venture, agency relationship, or employer-employee relationship between the Parties. Each Party shall act independently in performing its respective responsibilities under this MOU. VII. TERM This MOU shall become effective upon the date of the last signature affixed hereto and shall remain in effect until the purchase of the contemplated herein has been completed, unless earlier terminated by mutual written agreement of the Parties. VIII. ENTIRE AGREEMENT or- This MOU constitutes the entire agreement between the Parties concerning the subject matter addressed herein and supersedes all prior oral or written discussions, negotiations, or understandings relating thereto. No amendment, modification, or waiver of any provision of this MOU shall be effective unless made in writing and executed by authorized representatives of both Parties. EXECUTED by the duly authorized representatives of the Parties on the dates indicated below. • Ronald Burton, CPM Date City Manager City of Port Arthur Wanda Bodden Date President City of Port Arthur Beautification Commission Mark Portirie Date Superintendent Port Arthur Independent School District Shyulanda Filer Date Principal SSgt. Lucian Adams Elementary School