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1 Agreement Between the Park Board of Trustees Of AGREEMENT BETWEEN THE PARK BOARD OF TRUSTEES OF THE CITY OF GALVESTON AND THE CAVALLA HISTORICAL FOUNDATION CONCERNING OPERATIONS WHEREAS, the Park Board of Trustees of the City of Galveston (Park Board) is a governmental entity created by statute and charged with the management of Seawolf Park (Park) on Pelican Island, including certain assets found within the Seawolf Memorial Plaza/Museum; and WHEREAS, the Cavalla Historical Foundation (CHF) is a 501(c)(3) nonprofit corporation, established in 1999 with the purpose of managing, restoring, preserving and displaying USS Cavalla and USS Stewart (Vessels), as well as other donated artifacts, and including the recruitment of volunteers and fundraising for these purposes; and WHEREAS, there are two (2) Navy contracts (No. N00024-03-C-0201 and No. N00024-03-C- 0202), (Navy Contracts) signed June 30, 2003 by the Park Board and CHF that donated two Naval Vessels, USS Cavalla (SS-244) and USS Stewart (DE-238) in joint ownership to the Park Board and CHF; and WHEREAS, in the Navy Contracts the Park Board and CHF agreed to 1) assume ownership, custody and control of the Vessels, 2) operate the Vessels as a museum and memorial on static display at the Park, 3) preserve and maintain the Vessels in a good state of repair, 4) allow the government reasonable access to inspect the Vessels on an annual basis, 5) take all steps necessary to comply with instructions from the Government, 6) maintain General Liability Insurance for the museum artifacts of an amount not less than $1,000,000, and to split the cost fifty/fifty between the entities; and WHEREAS, the CHF and the Park Board (the partners) recognize their mission is to manage, restore, preserve, operate, and maintain the Vessels, and promote them to the public for their historic, educational and memorial importance; and WHEREAS, the CHF is eligible to receive 75% of 6/8 penny of the Hotel Occupancy Tax (HOT Funds) from the City of Galveston for the purpose of marketing and promoting the Center; and WHEREAS, the Park Board’s mission is to promote Galveston Island, its beaches and its natural resources, attractions, and heritage; to attract visitors to Galveston Island; and WHEREAS, the Park Board is responsible to the City of Galveston for the upkeep and maintenance of the Park; and WHEREAS, the Park Board recognizes its responsibility to maintain, preserve and promote the Vessels and the Park and to mutually work with CHF for these purposes; and 1 WHEREAS, the Park Board is governed by a Board of Trustees and By-Laws, and employs a team of professionals and adheres to an organizational structure which defines areas of responsibility and authority; and the CHF is governed by a Board of Directors and By-Laws, and employs a team of professionals and adheres to an organizational structure which defines areas of responsibility and authority; and WHEREAS, the Park Board and CHF agree that the interactions between them areis usefully specified in a detailed written agreement, THEREFORE, the Park Board and CHF do agree as follows: A. PARK BOARD AGREES: 1. To provide an area within the Park designated as the Seawolf Memorial Plaza / Museum, also known as the American Undersea Warfare Center (Center), for such purposes as to display the memorial site and museum and to provide all CHF employees, Board members and volunteers free parking at the Park when their presence is in connection with the purposes of this Agreement. 2. To promote where when appropriate the Center at the Park in Park Board published and electronic promotions, presentations, and collateral materials. 3. To maintain a mutually agreed upon General Liability Insurance policy on the Vessels and the Center. The Park Board and CHF will split the cost of the insurance 50/50. Insurance is defined as general liability insurance in an amount not less than $1,000,000, and public sector commercial inland marine insurance in an amount of no less than $150,000 as required by the Department of the Navy. 4. To 1) provide staff to sell tickets and collect fees from visitors to the Center, 2) to split the Center entrance fees 50/50 with the CHF after Center operational costs have been deducted. Operational costs are defined as utilities, one half of the cost of CHF youth overnight program background checks and insurance (as insurance is defined in paragraph A3). Each month the Park Board will provide to CHF its 50% portion of the entrance fees collected for admittance into the Center. 5. To provide CHF a monthly accounting of total gate receipts by category and day, together with supporting details for any and all deductions held by the Park Board, such as CHF contributions for utilities, background checks and insurance. Reports will include accounting for incentive programs and refunds as well. 6. To provide daily litter control and regular landscaping services in public areas of the Center, and outside of the Vessels, including the shoreline south of the USS Stewart, and to provide mobile restrooms (property of the Park Board) and to maintain and clean them daily. 2 7. To provide, where and when possible and with full cooperation of the CHF, financial resources to the improvement, repair and enhancement of the Center. 8. To provide to the CHF an updated copy of the Park Board Emergency Preparedness Plan. 9. To copy CHF on all communications sent to or received from the Department of the Navy. 10. To obtain written approval, emails are acceptable, from the CHF’s Board or Executive Director before committing the use of the military displays or other areas inside of the Center. 11. To coordinate with CHF on hours of operation of the Park and to provide reasonable notice on decisions that affect early closure of the Park. The Park Board will maintain final determination regarding changes to Park hours. 12. To respect the hierarchy of the CHF’s management and staff, communicating operational needs directly to the CHF Executive Director and refraining from giving direct instruction to CHF staff. If the CHF Executive Director does not resolve the issues, communication should be to the CHF President. The CHF President and Park Board Liaison will bring the issue forward to the Boards of the Park Board and CHF. 13. To not commit discounts or give complimentary visitor entrance to the Center, without the express approval of the CHF Executive Director, except for officials, the press and other dignitaries at the Park Board’s discretion. 14. To add a CHF representative to the Park Board Parks and Amenities Committee as a voting member. 15. To designate two reserved parking spots in the main parking lot for CHF staff. 16. To maintain work areas and properly dispose of all debris created from special projects and routine maintenance and to place no permanent or semi-permanent asset within the Center unless coordinated with the CHF Executive Director. B. CHF AGREES: 1. To provide free and clear access to the Vessels and to the Center for Park Board employees, Trustees and affiliated entities, such as members of the press, tourism industry or City of Galveston representatives when their presence is in connection with the purposes of this Agreement. 3 2. To provide keys to the Park Manager for all egress and ingress points to the Vessels and to maintain the interiors of the Vessels presentable and in good working order. 3. When appropriate, to promote the Park as the home of the Center in CHF published and electronic promotions, presentations, and collateral materials. 4. To split the cost of the Insurance as defined in paragraph A3 on the Vessels and the Center with the Park Board 50/50. 5. To actively fundraise for the purpose of restoring, improving, operating, maintaining, and promoting the Center and its historical assets. Actions include: 1) obtain grant funding from the Arts and Historic HOT Funds, 2) use those funds obtained through grants, fundraising and direct solicitation for the upkeep, maintenance and realization of improvements of the Artifacts, including the Vessels in the Center, and 3) to assist in fundraising for the purpose of new capital investment and building projects as agreed upon by the partners to improve access to, or presentation of, the Vessels. 6. To obtain the written agreement, emails are acceptable, from the Park Board for any funding requests that either commit CHF or Park Board to specific actions or materially affect the structure of the Vessels or the Park. Written agreement from the Park Board is not required for solicitations of HOT Funds or donations from private foundations, persons or companies and where the funding does not commit or require any specific actions or does not affect the Vessels or the Park. 7. To work collaboratively with the Park Board in the continual development of proposed buildings or other capital improvements of the Center. All proposed buildings or other capital improvements must first be approved by the Park Board of Trustees. City Council must approve all capital investments that will cost over $125,000. 8. To actively maintain the designation status of the Vessels as historic assets on the National Register of Historic Places. 9. To obtain written approval, emails are acceptable, from the Park Manager prior to committing the use of any Park facilities, including the Pavilion, parking areas, green spaces or other areas outside of the Center. 10. To respect the hierarchy of the Park management and staff, communicating operational needs directly to the Park Manager and refraining from giving instruction to Park staff. If the Park Manager does not resolve the issues, communication should be to Superintendent of Parks or the Director of Operations.
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