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HomeMy WebLinkAboutPR 17393: MOU WITH UNITED WAY OF MID & SOUTH JEFFERSON COUNTY P. R. NO. 17393 1/17/13 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 UNITED WAY OF MID & SOUTH JEFFERSON COUNTY 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, the United Way MSJC is in a unique position to offer 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 will provide 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 United Way of Mid & South Jefferson County 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.pr17393 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 between the City of Port Arthur and the United Way of Mid & South Jefferson County 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 2013 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.pr17393 ATTEST: City Secretary APPROVED AS TO FORM: 0 City Attorney AO APPROVED FOR ADMINISTRATION: City Manager s.pr17393 EXHIBIT "A" MEMORANDUM of UNDERSTANDING BETWEEN The City of Port Arthur and The United Way of Mid & South Jefferson County This document and partnership is in reference to the West Side Development Complex administration and programming development during the first 24 months of operation. Background The West Side Development Complex was built with funds donated by Motiva to Port Arthur for Positive Action (PAPA). The West Side Development Complex stands as a reminder of Motiva's appreciation to the residents and others in the community as they collaborated with Motiva during the construction of the Crude Expansion Project. The West Side Development Complex is intended to serve as a legacy investment, from the Crude Expansion Project. PAPA's leadership role in the planning and building of the facility linked industry, the community and the City into a partnership for development. Once completed the official donation of the complex to the City of Port Arthur was made by PAPA. The dedication and insight that PAPA brought to this project was a vital asset to the community as a whole. The vision and mission of the Center, located within the Complex, is to serve as a location where services and programs can be delivered for the development of the community and area residents. A priority will be given to the development of the community's nonprofit partners that impact lives daily through their direct programs to residents, while non - profits and other organizations and individuals will use the facility for various types of programs and developmental opportunities. 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 in the initial opening of the facility. The United Way MSJC's ongoing relationship with many area nonprofits and their work to bring specialized training and developmental opportunities to the community made their partnership in the project a logical step. Mutual Understanding of Key Partners With respect to the facility, the City of Port Arthur, Motiva, PAPA and the United Way of Mid & South Jefferson County have met and discussed the types of uses for the facility. The partners agreed upon the United Way MSJC being in a unique position to offer the initial development, programming assistance and administration of the facility through a partnership with the City of Port Arthur. The United Way of Mid & South Jefferson County Commitment The United Way MSJC agrees to develop the policies for the West Side Development Center United Way MSJC will provide staff support for the facility, highlight the West Side Development Complex on their website, recruit program and service providers, market the facility, develop a reservation process, and provide general management of the Center. The United Way MSJC will meet quarterly with the City Manager or designee to provide an overview of activities and expense of the facility to aid in the planning and transition of the facility to the city. The United Way MSJC agrees to these stated responsibilities with the understanding that the funds to accomplish the daily operations of the facility will not come from the United Way MSJC general budget and donations, but from a third party grantor with which final arrangements are currently being made. The City of Port Arthur Commitment The City Manager or designee will serve as the primary contact for all reporting and transitioning activities. The City of Port Arthur agrees to provide lawn maintenance, water, garbage, sewer and other customary services provided at city facilities. The insurance needs and requirements for structure, contents and liability are the responsibility of the City of Port Arthur as the owners of the facility and Nov2012 MEMORANDUM of UNDERSTANDING BETWEEN The City of Port Arthur and The United Way of Mid & South Jefferson County grounds. The City of Port Arthur entrusts the administration and daily management of the West Side Development Center to the United Way of Mid & South Jefferson County. Grievance /Conflict Mediation Each of the key partners will have one representative to serve on a Grievance /Conflict Committee, to serve, as needed, in the event of any scheduling disputes. The members shall include the Executive Director of the United Way MSJC, the City Manager or designee, a representative from PAPA, a representative from Motiva and a representative from the organization that is granting funds to the United Way for the purpose of operating the Center. The committee will hear the conflict within 10 business days of the received written complaint. A majority vote of the five- person committee will determine the mediated outcome. In respect to technology, meetings may be held via conference call, webinar, email voting as well as called meetings. Time Frame of Agreement This Memorandum of Understanding will remain in effect for 24 months with the understanding that at that time, the City of Port Arthur, the United Way of Mid & South Jefferson County, PAPA and Motiva representatives will meet 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. This meeting will take place four months prior to the MOU' s expiration to allow planning time for transitioning or for MOU renewal. Revisions If either party wishes to revise the MOU the Grievance /Conflict Mediation Committee will schedule a meeting within ten business days of the date of the request to discuss an amicable mediation and/or transition of administration and programming responsibilities. This agreement is entered into on the day of , 2013and will remain in effect as outlined within the document or until such time as either party files written termination notice with all parties. City Manager United Way of MSJC Official Date Date Nov2012