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HomeMy WebLinkAboutPR 25046: AMENDING RESOLUTION NO. 26-293 AS IT PERTAINS TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PORT ARTHUR AND THE YMCA OF SOUTHEAST TEXAS FOR THE MANAGEMENT AND OPERATION OF THE WESTSIDE DEVELOPMENT CENTER P.R.No. 25046 TNR/GT 07/8/2026 AGENDA MEMORANDUM TO: Honorable Mayor and City Council SUBJECT: Amending Resolution No. 26-293 as it pertains to the Memorandum of Understanding with the YMCA of Southeast Texas for the Management and Operation of the Westside Development Center PURPOSE To obtain City Council authorization to amend Resolution No. 26-293 as it pertains to the Memorandum of Understanding ("MOU") with the YMCA of Southeast Texas for the continued management and operation of the Westside Development Center, located at 601 W. Reverend Dr. Ransom Howard Street, for a twenty-four(24) month term. BACKGROUND This resolution was originally placed on July 14, 2026, Port Arthur City Council meeting agenda. During the agenda approval process, the Finance Department identified an error in the funding language regarding the applicable fiscal years. The original resolution stated that "FUNDING IN THE AMOUNT OF $90,000.00 FOR FISCAL YEAR 2026 IS AVAILABLE IN THE ACCOUNT 001-15-043-5470-00-20-000,AND FUNDING FOR FISCAL YEAR 2027 IS SUBJECT TO APPROVAL AND APPROPRIATION OF THE BUDGET." The resolution has been amended to accurately reflect the funding source and budget years as follows: "FUNDING IN THE AMOUNT OF $90,000.00. ANNUAL FUNDING FOR THIS EXPENDITURE IS CONTINGENT UPON THE APPROVAL AND APPROPRIATION OF THE CITY'S FISCAL YEAR 2026-2027 AND 2027-2028 BUDGETS. UPON APPROVAL AND APPROPRIATION,FUNDS WILL BE AVAILABLE IN ACCOUNT NO.001-15-043-5470-00-20- 000." This amendment corrects the fiscal year references and clarifies that annual funding is contingent upon the City Council's approval and appropriation of the applicable fiscal year budgets. FINANCIAL IMPACT None STAFF RECOMMENDATION Staff recommend that the City Council approve amending Resolution No.26-293 as it pertains to the Memorandum of Understanding with the YMCA of Southeast Texas for the continued management and operation of the Westside Development Center for a twenty-four(24)month term and authorize the City Manager to execute the agreement, in substantially the form presented. PPP- P.R. No. 25046 TNR/GT 07/8/2026 RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO.26-293 AS IT PERTAINS TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PORT ARTHUR AND THE YMCA OF SOUTHEAST TEXAS FOR THE MANAGEMENT AND OPERATION OF THE WESTSIDE DEVELOPMENT CENTER LOCATED AT 601 W. REVEREND DR. RANSOM HOWARD STREET,PORT ARTHUR,TEXAS,TO CORRECT THE FISCAL YEAR REFERENCES AND CLARIFY THAT THE ANNUAL FUNDING IS CONTINGENT UPON THE CITY COUNCIL'S APPROVAL AND APPROPRIATION OF THE APPLICABLE FISCAL YEAR BUDGETS. WHEREAS,Resolution No. 26-293 (Exhibit"A"),was originally placed and approved on July 14,2026,Port Arthur City Council meeting agenda to authorize the City Manager to execute a Memorandum of Understanding ("MOU") with the YMCA of Southeast Texas for the continued management and operation of the Westside Development Center, located at 601 W. Reverend Dr. Ransom Howard Street,for a twenty-four(24)month term,attached in substantially the same for as Exhibit"B"; and WHEREAS,during the agenda approval process,the Finance Department identified an error in the funding language regarding the applicable fiscal years; and WHEREAS,the original resolution stated the following: "...FUNDING IN THE AMOUNT OF$90,000.00 FOR FISCAL YEAR 2026 IS AVAILABLE IN THE ACCOUNT 001-15-043-5470-00-20-000, AND FUNDING FOR FISCAL YEAR 2027 IS SUBJECT TO APPROVAL AND APPROPRIATION OF THE BUDGET."; and WHEREAS,this proposed resolution amends Resolution No. 26-293 to accurately reflect the funding source and budget years as follows: "...FUNDING IN THE AMOUNT OF $90,000.00. ANNUAL FUNDING FOR THIS EXPENDITURE IS CONTINGENT UPON THE APPROVAL AND APPROPRIATION OF THE CITY'S FISCAL YEAR 2026-2027 AND 2027-2028 BUDGETS. UPON APPROVAL AND APPROPRIATION,FUNDS WILL BE AVAILABLE IN ACCOUNT NO.001-15-043-5470-00-20- 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.That Resolution No.26-293 (Exhibit"A")is hereby amended to correct the fiscal year references and clarifies that the annual funding is contingent upon the City Council's approval and appropriation of the applicable fiscal year budgets, as follows: "FUNDING IN THE AMOUNT OF $90,000.00. ANNUAL FUNDING FOR THIS EXPENDITURE IS CONTINGENT UPON THE APPROVAL AND APPROPRIATION OF THE APPROVED AS TO FORM. Roxann Pais Cotroneo City Attorney APPROVE lap R .I;1 MINISTRATION: COP Ronald Burton ' M City Ma APPROVED AS TO FU VAILABILITY: Life 7_9oc ),6 ` ►)A ;, '/C`'z9— <C da Boswell, M.A., IC •A-CM Director of Finance &Lock_ Clifton Williams, CPPB Purchasing Manager P.R. No. 25046 TNR 07/8/2026 Exhibit "A" P.R.No.24712 TNR 07/8/2026 RESOLUTION NO. a Gt"t/ A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PORT ARTHUR AND THE YMCA OF SOUTHEAST TEXAS FOR THE MANAGEMENT AND OPERATION OF THE WESTSIDE DEVELOPMENT CENTER LOCATED AT 601 W. REVEREND DR. RANSOM HOWARD STREET, PORT ARTHUR, TEXAS; FUNDING IN THE AMOUNT OF $90,000.00 FOR FISCAL YEAR 2026 IS AVAILABLE IN ACCOUNT 001-15-043-5470-00-20-000. FUNDING FOR FISCAL YEAR 2027 IS SUBJECT TO APPROVAL AND APPROPRIATION OF THE BUDGET WHEREAS,the Westside Development Center, located at 601 W. Reverend Dr. Ransom Howard Street,Port Arthur,Texas,was constructed through funding provided by Motiva Enterprises LLC in connection with its refinery expansion project as a lasting investment in the City of Port Arthur and its residents; and WHEREAS,by Resolution No. 12-587,adopted on December 11, 2012,the City Council accepted ownership of the Westside Development Center and its improvements for use as a community development facility dedicated to serving the citizens of Port Arthur; and WHEREAS, by Resolution No. 13-024, the City Council authorized a Memorandum of Understanding with United Way of Mid & South Jefferson County to assist with the initial development,programming, and administration of the facility; and WHEREAS, the City subsequently entered into Memoranda of Understanding with the YMCA of Southeast Texas pursuant to Resolution Nos. 16-171 and 22-078 for the continued management,programming, and day-to-day operation of the Westside Development Center; and WHEREAS, through these partnerships, the YMCA of Southeast Texas has provided recreational, educational, wellness, youth, and community-based programming that advances the public purpose for which the facility was established and enhances the quality of life for residents of the City of Port Arthur; and WHEREAS,the City desires to continue its partnership with the YMCA of Southeast Texas by renewing the Memorandum of Understanding for an additional twenty-four(24)month term to ensure the continued operation, management, and programming of the Westside Development Center; and WHEREAS, under the proposed Memorandum of Understanding, the City shall provide funding in the amount of$90,000.00 per calendar year to support the operation and management of the Westside Development Center,subject to annual budget appropriations by the City Council;and WHEREAS,the Memorandum of Understanding further provides that representatives of the City and the YMCA of Southeast Texas shall meet during the term of the agreement to evaluate the effectiveness of the partnership and develop recommendations regarding the continuation, modification, or transition of management responsibilities for the Westside Development Center; and P.R.No.24712 TNR 07/8/2026 WHEREAS,the City Council finds that renewing the Memorandum of Understanding with the YMCA of Southeast Texas serves a valid public purpose by ensuring the continued operation of the Westside Development Center as a community resource that promotes youth development, healthy living, community engagement, and neighborhood revitalization. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: SECTION 1.The facts and opinions in the preamble are true and correct. SECTION 2.The City Manager is hereby authorized to execute a Memorandum of Understanding between the City of Port Arthur and the YMCA of Southeast Texas for the management and operation of the Westside Development Center, located at 601 W. Reverend Dr. Ransom Howard Street,Port Arthur,Texas,for a term of twenty-four(24)months,substantially in the form attached hereto as Exhibit"A." SECTION 3.Funding in the amount of$90,000.00 for fiscal year 2026 is available in account 001- 15-043-5470-00-20-000. Funding for fiscal year 2027 is subject to budget approval and appropriation. SECTION 4. A copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. READ,ADOPTED,AND APPROVED,this 11Pday of J ,tj ,2026 AD,at a Regular Meeting of the City Council of the City of Port Arthur,Texas by the following vote:AYES: Mayor: kan 100 t rn PT IIrlaw Councilmembers: khA)Ocd,Jiu.D 1 rrQ, C ilatbee) (1.4,d , ‘1\kinfe • • NOES: ( _, Laurb---- (k. C rlotte M. Moses, Mayor T T: )11 -61 driste Ned Whitely, City Secretary P.R.No. 24712 TNR 07/8/2026 APPROVED A Roxann Pais Cotroneo City Attorney APPROVED`;tiz;,,• D iI► TRATION: 101 Ronald Burt71,1..' City Manager APPR• ED AST FUN VAILA ITY: 1 L dswel M.A., ICMA-CM Dttector of Fi ance Clifton William, CPPB Purchasing Manager P.R.No.24712 TNR 07/8/2026 Exhibit "A" 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's financials. Mutual Understanding of Key Partners With respect to the facility,the City of Port Arthur and the YMCA of Southeast Texas agree that 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 support the facility's daily operations will be provided through grants,not from the YMCA of Southeast Texas's operations or 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 the structure, contents, and liability are the responsibility of the City of Port Arthur, as the owner of the facility and grounds. The City of Port Arthur will provide$90,000.00 per calendar year to the YMCA of Southeast Texas for operations at the West Side Development Center. The City of Port Arthur entrusted the administration and daily management of the West Side Development Center to the YMCA of Southeast Texas. JULY 2026 MEMORANDUM of UNDERSTANDING BETWEEN The City of Port Arthur and 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. 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 term of the agreement either party wishes to terminate the relationship, they may do so with 60 days'written notice to the other party.Upon receipt of a termination notice, the City of Port Arthur's point of contact and the YMCA of Southeast Texas CEO will schedule a meeting within two weeks of the notice to discuss an amicable transition of administrative and programming responsibilities. This agreement is entered into on the day of , 2026, 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 JULY 2026 P.R.No. 25046 TNR/GT 07/8/2026 Exhibit "B" 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's financials. Mutual Understanding of Key Partners With respect to the facility,the City of Port Arthur and the YMCA of Southeast Texas agree that 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 support the facility's daily operations will be provided by various funding sources,not from the YMCA of Southeast Texas's 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 the structure,contents, and liability are the responsibility of the City of Port Arthur,as the owner of the facility and grounds. The City of Port Arthur will provide $90,000.00 per calendar year to the YMCA of Southeast Texas for operations at the West Side Development Center.The City of Port Arthur entrusted 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. July 2026 MIIMINIMORFF 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's point of contact and the YMCA of Southeast Texas CEO will schedule a meeting within two weeks of the notice to discuss an amicable transition of administrative and programming responsibilities. This agreement is entered into on the day of ,2026,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 July 2026