HomeMy WebLinkAboutContract 44316 (2)CITY SEC
CONTRA
A •
4160 141±9) Lki
MEMORANDUM OF UNDERSTANDING
REVERSE LITTER CAMPAIGN
This Memorandum of Understanding ("MOU") is effective the date of final
execution, ("Effective Date") by and between the TARRANT REGIONAL WATER
DISTRICT, a Water Control and Improvement District, a conservation and reclamation
district and political subdivision of the State of Texas, created and functioning under
Article 16, Section 59, of the Texas Constitution, pursuant to the general laws of the State
of Texas, including particularly Chapters 49, 50 and 51, Texas Water Code, and Chapter
268, Acts of the 55th Texas Legislature, Regular Session, 1957, as amended (hereafter
referred to as "TRWD") and the City of Fort Worth, TEXAS, a municipal corporation
and home rule city located in Tarrant County (hereafter referred to as "City of Fort
Worth"). TRWD and Fort Worth may hereinafter be referred to individually as a "Party"
and jointly as the "Parties".
WHEREAS, as water suppliers for nearly 1.2 million people in the City of Fort
Worth and surrounding communities, the City of Fort Worth and Tarrant Regional Water
District (TRWD) have a keen interest in protecting and preserving the quality of our
waterways;
WHEREAS, each year hundreds of tons of trash and debris wind up in creeks and
rivers that flow into our reservoirs. The same trash we see accumulated along the Trinity
River after a big rain is the same sort of litter washing into our reservoirs, which serve as
major sources of drinking water for millions of North Texans;
WHEREAS, TRWD and City of Fort Worth are seeking to develop a regional
anti -litter campaign to highlight the problem and inspire action. The goal is to prevent
tons of plastic bottles, paper, styrofoam and other trash and debris from flowing into our
creeks and reservoirs annually. The campaign is called "Reverse Litter," and it aims to
reverse the litter trail, so that it winds up in trash cans and recycle bins before it pollutes
our waterways;
WHEREAS, TRWD, and City of Fort Worth must develop and submit to the
Texas Commission on Environmental Quality, a storm water management program
(SWMP) that includes at least six control measures. The Reverse Litter Campaign will
address two items on the list: public education and outreach and public involvement and
participation; and
WHEREAS, since everybody in the watershed contributes to the problem then
everybody in the watershed must to be part of the solution. TRWD and City of Fort
Worth are taking the lead and encouraging cities across the Metroplex to join the fight
against litter and other sources of non -point source pollution.
NOW THEREFORE, for and in consideration of the mutual benefits and
RECEIVEO MAR 27 211i3
obligations set forth herein, the receipt and sufficiency of which are hereby expressly
acknowledged, the Parties agree as follows:
1. Public Awareness Campaign.
The Parties shall support the Reverse Litter Campaign to:
a inform and educate the public regarding issues related to protection of
drinking water sources and/or water conservation;
b. foster community ownership of the protection of drinking water sources
and/or water conservation•
c. raise the public's awareness of the public's role and impact in protection
of drinking water sources and/or water conservation;
d. provide information in both English and Spanish at a minimum;
e. share media releases and related information prior to release;
f. share and collaborate on the Media Plan; and
g. share print -ready files of collaterals.
2. Contracting
TRWD shall enter into such contracts as are necessary with creative or advertising
agencies to develop, design and implement the above -described Reverse Litter
Campaign.
3. Funding
a. Funding for the Reverse Litter campaign will proceed as outlined below:
i. City of Fort Worth shall pay to TRWD on or before March 15,
2013, December 1, 2013 and December 1, 2014, $200,000 for
costs and expenses related to the Reverse Litter Campaign
undertaken pursuant to this MOU, for an aggregate total of
$600,000 over the three payments All payments are subject to
annual appropriation of sufficient funds by the City of Fort Worth
Mayor and Council.
ii TRWD will contribute $300,000 to the Reverse Litter Campaign
upon receipt of funds annually by the City of Fort Worth, for a
total of $900,000 over the three years.
b. Annual accounting of funds shall be provided for each Reverse Litter
Campaign and shall include, but not be limited to, a media buy
reconciliation.
c. All payments or expenditures made pursuant to this MOU are made from
current funds as required by Chapter 791, Texas Government Code.
4. Term and Termination.
a. The Term of this MOU shall be three (3) years from the effective date of
this MOU, which effective date shall be the date of the last Party to
execute this MOU, and shall automatically be renewed and extended for
successive one-year terms unless otherwise terminated as provided in
Paragraph (b).
b. This MOU may be terminated by convenience by either Party, in its sole
discretion, upon thirty (30) days written notice. Termination of the MOU
terminates the Reverse Litter Campaign incorporated in this MOU. At the
time of termination both parties will resolve any outstanding expenses or
cash values.
5. Performance Measures
a. Reverse Litter Campaign performance measures shall include, but not be
limited to, the following•
i. Gross Impressions generated by the media buy.
ii Reach generated by the media buy.
iii Frequency generated by the media buy.
iv. Post campaign survey results.
b. TRWD shall report performance measures to Denton annually in a written
report, by the end of July for each year that this MOU is in existence, with
the first such report being due on or before July 1, 2013.
c. TRWD shall provide any updates to the Media Plan annually in July of
each year.
6. Binding Nature of MOU. It is the intent of the Parties that this MOU be a binding
agreement between them in principle with regard to the provisions set forth
herein.
7. Notices. All written notices required under this MOU must be hand delivered or
sent by certified mail, return receipt requested, addressed to the proper party at the
following address:
To TRWD:
Tarrant Regional Water District
Attn Jim Oliver, General Manager
800 E Northside Drive
Fort Worth, TX 76102
To City of Fort Worth
City of Fort Worth
Attn: Fernando Costa, Assistant City Manager
1000 Throckmorton Street
Fort Worth, TX 76102
8. Governing Law. The Parties agree that this MOU shall in all respects be
governed by, and construed in accordance with, the laws of the State of Texas,
(without regard to principles of conflict of laws that would require the application
of a law of another jurisdiction), and exclusive venue shall lie in the courts of
competent jurisdiction in Tarrant County, Texas.
9. Captions and Headings. Captions and headings used in this MOU are for
reference purposes only and shall not be deemed a part of this MOU.
10. Counterparts. This MOU may be executed in any number of counterparts, each of
which shall be deemed to be an original and all of which taken together shall be
deemed to constitute one and the same instrument, and it shall not be necessary in
making proof of this MOU to produce or account foi more than one such
counterpart.
11. Entire Agreement. This MOU represents the entire understanding of the Parties
in relation to the subject matter hereof, and supersedes any and all previous
agreements, arrangements or discussions between them (whether written or oral)
in respect of the subject matter hereof.
12. Governmental Powers. By execution of this MOU, neither TRWD nor City of
Fort Worth waives their sovereign or governmental powers or immunities, all of
which are expressly reserved.
13. Severability. If any provision of this MOU shall be determined to be
unenforceable, void or otherwise contrary to law, such condition shall in no
manner operate to render any other provision of this MOU unenforceable, void or
contrary to law, and this MOU shall continue in force in accordance with the
remaining terms and provisions hereof, unless such condition invalidates the
purpose or intent of this MOU.
14. Amendment. No amendment, modification, or alteration of the terms of this
MOU shall be binding unless it is in writing, dated subsequent to this MOU, and
duly executed by the Parties hereto.
15. Third Party Rights. The provisions and conditions of this MOU are solely for the
benefit of TRWD and City of Fort Worth and are not intended to create any
rights, contractual or otherwise, for any person of entity.
16. Conflicts. In the event of any dispute over the meaning or application of any
provision of this MOU, this MOU shall be interpreted fairly and reasonably, and
neither more strongly for or against any Party, regardless of the actual drafter of
this MOU.
17. No Partnership. Nothing in this MOU shall be deemed to create a partnership,
agency, joint venture, or joint enterprise between the Parties.
[Signature Page Follows]
EXECUTED as of thisat of fra71
w
TARRANT
A Water C
ao
AS „Asx Fernando Costa
caa
, �.
By:
9784 r
cf121:
%0
o0�°')(SEITY OF FORT WORTH, TEXAS
IONA WATER DISTRICT,
d nr • vement District
ger, Jim Oliver
A Assistant City Manager
al, . I 1 I11
By:
APPROVED AS TO FORM:
Arthur Bashor,
Assistant City Attorney
.:44,7%,
Assistant City Attorney
Assistant City Manager
O FF ll qi% Thl 1 N , 5
ITATtinkYl
(1,.ZU034
Contract Auth4xiaatiom
Anit-
51,LA5
Date
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/8/2013 - Ordinance Nos. 20564-01-2013 & 20565-01-
2013
DATE: Tuesday, January 08, 2013
LOG NAME 20REVERSE LITTER
SUBJECT:
REFERENCE NO.: **C-26038
Authorize Execution of a Memorandum of Understanding with the Tarrant Regional Water District to
Participate in the Reverse Litter Campaign for an Annual Contribution in the Amount of $200 000.00 with
Funding in the Amounts of $75 000.00 from the Environmental Protection Project Fund, $75,000 00 from
the Solid Waste Fund, and $50,000.00 from the Storm Water Fund Authorize a Transfer in the Amount of
$75,000 00 from the Environmental Protection Management Fund to the Environmental Protection Project
Fund and Adopt Appropriation Ordinances (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing appropriations in the Environmental Protection
Management Fund in the amount of $75 000.00 and decreasing the assigned fund balance by the same
amount;
2. Authorize the transfer in the amount of $75,000.00 from the Environmental Protection Management
Fund to the Environmental Protection Project Fund;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Environmental Protection Management Fund in the amount of $75,000.00 from available funds; and
4. Authorize execution of Memorandum of Understanding with the Tarrant Regional Water District for
participation in the Reverse Litter Campaign with an annual contribution in the amount of $200,000.00.
DISCUSSION:
The Memorandum of Understanding (MOU) with Tarrant Regional Water District (TRWD) will allow the
City to provide funds for the purchase of radio and television spots as well as billboard, magazine and
newspaper advertising to promote the campaign. Fort Worth is one of several partners contributing funds
to the regional campaign.
As water suppliers for nearly 1.2 million people in the City of Fort Worth and surrounding communities, the
City of Fort Worth and TRWD have a keen interest in protecting and preserving the quality of our
waterways Each year hundreds of tons of trash and debris wind up in creeks and rivers that flow into our
reservoirs. The same trash we see accumulated along the Trinity River after a big rain is the same sort of
litter washing into our reservoirs, which serve as major sources of drinking water for millions of North
Texans.
TRWD and the City of Fort Worth are seeking to develop a regional anti -litter campaign to highlight the
Logname: 20REVERSE LITTER Page 1 of 2
problem and inspire action. The goal is to prevent tons of plastic bottles, paper, styrofoam and other trash
and debris from flowing into our creeks and reservoirs annually. The campaign is called Reverse Litter,
and it aims to reverse the litter trail, so that it winds up in trash cans and recycle bins before it pollutes our
waterways TRWD and the City of Fort Worth must develop and submit to the Texas Commission on
Environmental Quality, a stormwater management program (SWMP) that includes at least six control
measures. The Reverse Litter Campaign will address two items on the list: public education and outreach
and public involvement and participation. In addition to the $75,000 00 funding by the Environmental
Protection Project Fund, $75,000.00 and $50 000.00 in funding will be provided by Code and TPW-
Stormwater respectively and are included in their Fiscal Year 2013 appropriated budgets.
The Reverse Litter Campaign will affect residents in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached supplemental appropriation ordinance, funds will be available in the project
budget, as appropriated, of the Environmental Protection Project Fund
FUND CENTERS:
TO Fund/Account/Centers
1)R103 494100 0201100
1)R103 539120 0201100
2) R101 476103 0202130
CERTIFICATIONS:
Submitted for City Manaaer's Office bv:
Oriainatina Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
$75.000.00 2) R103 538040 0201100
$75.000.00 41 R101 539120 0202130
$75.000.00 4) PE64 539120 0239909
4) PE69 539120 0209002
Fernando Costa (6122)
Douglas W. Wiersig (7801)
Michael A. Gange (6569)
ATTACHMENTS
1. 20REVERSE LITTER R101 AO13.doc (Public)
2. 20REVERSE LITTER R103 Revised AO13.doc (Public)
3. Fund Balance-20Reverse Litter 121312.pdf (CFW Internal)
4. PE64-539120-0239909.docx (CFW Internal)
5. PE69-53ZZZZ-0209002.docx (CFW Internal)
6. R103-494100-0201100.docx (CFW Internal)
•
$75.000.00
$75,000.00
$75.000.00
$501000.00
Logname: 20REVERSE LITTER Page 2 of 2