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Home My WebLink AboutContract 26689CITY SECR�TARY /_ � g � CONTRACT NO , « - STATE OF TEXAS § § COUNTIES OF TARRANT AND DENTON § NORTH TEXAS CLEAN AIR COALITION GRANT AGREEMENT THIS GRANT AGREEMENT is entered into by and between the North Texas Clean Air Coalition, hei•einafter called "NTCAC", and the City of Fort Worth, Texas, a home-rule municipal corporation situated in Tai7�ant and Denton Counties, Texas, hereinafter called "City," acting herein through Charles Boswell, its duly authorized Assistant City Manager. WHEREAS, the NTCAC and the City seelc to increase public awareness of recent changes in the Texas Natural Resource Conseivation Commission ("TNRCC") air quality notification terminology from Ozone Alert/Actions Days, to Air Pollution Watch/Warnings; and WHEREAS, the NTCAC and the City seek to specifically educate elementaiy school children about air quality issues and the Air Quality Index (AQI); and WHEREAS, the NTCAC seelcs to provide the City with additional financial resources with which to institute future, while augmenting cui7ent, air quality awareness and education programs; WITNESSETH: NOW, THEREFORE, in consideration of the mutual promises and benefits of this Grant Agreement, the NTCAC and the City agree as follows: I. NTCAC GRANT RESPONSIBILITIES NTCAC agrees, in association with, and through donations provided by TXU Electi•ic and Gas, Inc., to provide Six Thousand Dollars ($6,000.00), to the City for the puiposes of enhancing air quality education throughout the City of Fort Worth. II. CITY OF FORT WORTH GRANT RESPONSIBILITIES A. The City agrees to utilize this grant award for the purpose of furthering air quality education throughout the City of Fort Worth. B. The City agrees to recognize, and to pr�ovide appropriate acicnowledgements to NTCAC and TXU Electric and Gas, Inc., in all educational materials, e� � e, � i 'o-visual ��v�� `�� ' � 0° D ^� 1�� 'I�,, o eM li ��. �. r',� �,�;�; �,�� a ll NTCAC Grant A•eeni t]2�I �� t�t„(�l e.�'�(f /.•1 IVo th �U: ��i'�Ji��_�lj��.�0 1 0 6 m resources produced in association with this grant project. The logos of NTCAC and TXU Electric and Gas, Inc. will be included in and on all materials produced. C. The City agrees to develop and implement this aii• quality educational progi•am as coordinated with NTCAC, to provide progress reports, and to complete this program consistent with the following schedule: 1. April 15, 2001: Deadline for project implementation. 2. May 31, 2001: First progress report is due to NTCAC, and must include an accounting or itemization of expenditures made thus far; any measurable results achieved, to include instruments used for measurement; and, any changes to the program not discussed in the original grant application. 3. July 13, 2001: Second progress report is due to NTCAC, and must include an accounting oi• itemization of expenditures made thus far; any measurable results achieved, to include instruments used for measurement; and, any changes to the program not discussed in the original grant application. 4. September 17, 2001: Deadline for project completion. 5. October 15, 2001: Final progress report is due to NTCAC, and must include a final accounting or itemization of all expenditures made; any and all measurable results achieved; and, changes to the pi•ogram not discussed in the original grant application, and a discussion as to the impact of these changes upon the effectiveness of the overall program. D. The City agrees that its representatives will coordinate all publicity, news releases and media coverage pertinent to the program with NTCAC. E. City agrees to the following resti•ictions placed upon the use of the NTCAC gr•ant funds: 1. The City will not use the NTCAC grant funds to defray sala�y or administrative costs for the program. 2. The City will not use the NTCAC grant funds for lobbying puiposes of any nature. 3. The City will return NTCAC grant funds under the following circumstances: a. The program is not completed according to the tim�l'��;I�i �_��tl�-i��r nt application• or � ' � ��.��`�� Gl��'�( f �rc. �'�'� �'r'��I�y ��:�l�A ; �r ,� NTCAC Gran1 Agreenrent ivitl� the City ofFort N%�•!h Page 2 of 6 b. The program is completed and excess funding remains; or c. The program funding is not used for those purposes outlined in the City's Grant Application; or d. The NTCAC Executive Committee z•equests the return of funding. III. AGREEMENT PERIOD This Agreement shall commence on April 15, 2001, and shall teiminate on October 15, 2001. However, as applicable, those reporting requirements of this agreement shall suivive the termination of this agreement. IV. PAYMENT PROCEDURES NTCAC agrees to provide funding undei• this grant pursuant to the following schedule: fifty percent of the funds will be provided on or before April 15, 2001; the next twenty-five percent of the funds by July 13, 2001; the final twenty-five percent of the funds will be provided by September 17, 2001. NTCAC acicnowledges that other ai7angements may be made for advanced funding as necessaiy, upon prior consent by NTCAC. V. WAIVER OF SOVEREIGN IMMUNITY Nothing in this Agreement shall be construed to waive the City's sovereign immunity relating to suit, liability, or the payment of damages. VI. INDEMNITY To the extent permitted by law, the City agrees to indemnify NTCAC and TXU Electric & Gas for damages and causes of action arising from the sole action or negligence of the City. City does not agree to indemnify either NTCAC or TXU Electric for damages and causes of action arising, in whole or in part, from the action or negligence of NTCAC or TXU Electric. VII. u�� ,� °'�� °� SEVERABILITY �� i ��; �� `�, ��1�'��;'`i,�j�i �r�J'`�:lo Any provision of this grant agreement held to be void or unenforceable u��`art��=�.---�� Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and NTCAC Gra�tt Agreeme�at ivith the Cih� of Fort N'orth Page 3 of 6 binding upon NTCAC and the City. In such an event, it is herein agi•eed by NTCAC and the City that the grant agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricicen provision. In the absence of refoimation, this gY•ant agreement shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the agreement vill. GOVERNING LAW AND VENUE NTCAC and the City agree that the laws of the State of Texas shall govern the validity and construction of this agreement, except where preempted by federallaw. Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this grant agreement, venue for said action shall be in Tai-��ant County, Texas. IX. RIGHTS AND REMEDIES NOT WAIVED In no event shall the malcing by the City of any payment to a contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist, and the malcing of any such payment by the City while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the City with respect to such breach or default. Any waiver by either party of any provision or condition of this grant agreement shall not be constiued or decreed to be a waiver of any other provision or condition of this grant agreement, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver be expressed in writing by the party to be bound. X. MODIFICATION No modification of this grant agreement shall be binding on NTCAC or the City unless set out in writing and signed by both pai-ties. XI. ENTIRETY This grant agreement contains all the terms and conditions agreed to by the NTCAC and the City, and no other contracts, oral or otherwise, regarding the subject matter of this grant agreement or any pai-t thereof shall have any validity or bind any of the parties hereto. I. _ � , .,_- ---_----- U��n'�� G'��.�@ ��'�r ��G`��G�1� , �i� ��?l��'��p ��,__ _� NTCAC Grant AgreemenJ iriih tlte City ofFor! FVorth Page 4 of 6 XII. NOTICE Notices required to be made under this grant agreement shall be sent to the following persons at the following addresses; pi•ovided, however, that each party reserves the right to change its designated person foi• notice, upon written notice to the other party of such change: If to City: Written notice shall be sent to: Brian Boerner, Director Department of Environmental Management 1000 Throckmoi-ton Fort Worth, Texas 76102 Questions should be directed to: Haily J. Summerford, Public Education Specialist Department of Environmental Management 1000 Throcicmoi-ton Fort Worth, Texas 76102 Telephone 817.871.8570; FAX 817.871.6359 If to NTCAC: Shannon Moi7•is Project Manager, North Texas Clean Air Coalition P.O. Box 610246 DFW International Aiiport, Texas 75261 Telephone 972.621.0400; FAX 972.929.0916 XII. AUTHORIZATION The undersigned officer and/or agents of the parties hereto ar•e properly authorized officials and have the necessaty authority to execute this grant agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessaiy resolutions extending such authority have been duly passed and are now in full foi�ce and effect. � ��6 Go�a� �� c�� D�U' r��'� �'�`�C�"� � ��4 ��!�_�7�1y ��_ ._ NTCAC Grant Agreenrent ivilh the Ciq� of Fort !1%rth Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this agreement in triplicate originals in Tan�ant County, Texas. City of Fort Worth C��. �� Charles Boswell, Assistant City Manager Date APPROVED AS TO FORM: �y� ,- � 'stant i A z•ney WITNESS: Name: Title: A TEST: SEA�,: �� 1 r�� Gloria Pear on, City Secretaiy �-iq-o I � - ��.�� / Contract Authorization `' � ` �� Uate North Texas Clean Air Coalition Sa ly Ca ell, Pr j ct Administrator �"i / � Date �� -� �', , �f � ' t ��' /�� - �� ' � - Atto eyl(Counsel for NTCAC � ��0 ��°I� �'[� ��L ,3 �� '��1� �' G�"U __ _ ��a_, C��,��P � C��o NTCACGRNTAGRTv820010401 � NTCAC Gra�tt Agreen�e�t! iritlt tlre City of For! lVorth Page 6 of 6 City of Fo�t Worth, Texas A ar And aunc�l a�rtn�un�cAt�ian �� !! C C DATE REFERENCE NUMBER LOG NAME PAGE 1/2/01 G-13121 52COALITION 1 of 2 �UBJECT I GRANT APPLICATION TO NORTH TEXAS CLEAN AIR COALITION FOR COMMUNITY GRANT PROGRAM RECOMMENDATION: It is recommended that the City Councii: 1. Authorize the City Manager to submit a grant application to the North Texas Clean Air Coalition (NTCAC) for the purpose of funding youth air quality education; and 2. Authorize the City Manager to accept and execute the NTCAC grant contract, if awarded; and 3. Adopt the attached app�opriation ordinance increasing estimate receipts and appropriations up to $6,000 in the Grants Fund, subject to receipt of the funds. DISCUSSION: In May 2000, the Texas Natural Resource Conservation Commission (TNRCC) made the decision to change the air quality notification terminology from Ozone Alert/Action Days to Air Pollution Watch/Warnings. The sudden change in terminology sparked confusion among Fort Worth citizens, and the Environmental Management Department received numerous calls regarding the matter. The majority of the calls were from concerned teachers and parents who wondered if it was safe for their students/children to go outside for recess and/or participate in sports. Based on this response, City staff decided to expand its "Care for Cowtown Air" program to include the youth of Fort Worth. The Fort Worth Independent School District (FWISD) and the Environmental Management Department are partnering to implement air quality education in Fort Worth elementary schools. Another partner in this project is the Houston-Galveston Area Council's (HGAC} Clean Air Action Program. HGAC created a successful and innovative Internet-accessed poster program featuring the canine character Andy Airedale, and is providing the use of the character's image and poster art for the program at no cost and without charging any licensing fees. Andy is an adorable Airedale dog that grabs the attention of children and teaches them about air quality. Andy's image will be placed on a series of six posters, each identifying the Air Quality Index (AQI) colors. If awarded, the $6,000 received under the NTCAC grant would pay for printing of the poster sets to be distributed to 2,140 FWISD elementary schools teachers. Environmental Management Department staff will design the posters, develop lesson plans with a team of FWISD teachers, and design and print a sample teacher worksheet entitled, "What's Wrong with This Picture?" In addition, part of the grant monies received from WalMart (M&C C-18222, September 5, 2000) will be used to print AQI Chart/Cards for distribution by the Environmental Management Department to FWISD teachers. . City of Fo�t Wo�th, Texas il�A�ar Atld aunci! an�tmun�cA�tian C C DATE REFERENCE NUMBER LOG NAME 1/2/01 G-13121 52COALITION SUBJECT GRqNT APPLICATION TO NORTH TEXAS CLEAN COMMUNITY GRANT PROGRAM FISCAL INFORMATION/CERTIFICATION: PAG E 2 of 2 AIR COALITION FOR The Finance Director certifies that upon approval of the above recommendations, adoption of the attached appropriation ordinance, and receipi of the grant, funds will be available in the current operating budget, as appropriated, of the Grants Fund. CB:k Submitted for City Manager's Office by: Charles Bosweil 851 l. Originating Department Head: Brian Boerner Additional Information Contact: Brian Boemer 8079 8079 �JND (to) GR76 GR76 ACCOUNT � CENTER 451195 533040 AMOLTNT �� CITY SECRETARY APPROVf D CITY COiJNGiI. JAN � . 20Q1 �� C'ity Qt FS ortew •�ts,r��az�a$ Ad�c�#ed Qrdinanc� Nd.•��