HomeMy WebLinkAboutContract 44316 CITY
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MEMORANDUM OF UNDERSTANDING
REVERSE LITTER CAMPAIGN
This Memorandum of Understanding "MOU" is effective the date of final
execution, ("Effective D'at "" by and between the TARRANT REGIONAL WATER
DISTRICT, a Water Control and Mi ro rement District, a conservation and reclamation
district and Political subd.vi.s on of the State of Texas, created and functioning under
Article 6, Sectio n 59, tie 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, l957, as amended (hereafter
referred to as "'T " and the !pity 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 n ays hereinafter be referred to individually as a "Party,"
and j oi ntly as the "P"arties"
WHEREAS, as water suppliers fear nearly 1..2 million people in the City of Fort
Worth and surrounding communities, the City of Fort Worth and Tarrant Regional Water
District R have a keen interest in protecting and preserving the quality of our
waterways
H REAS I each year hundreds of tees of trash and debris ward 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 ��%ll ons of North Texans-
WHEREAS, TRWD and City of Fort Werth 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 cars and recycle bins before it pollutes
our waterways,
WHEREAS, TRW D, and City of Fort Worth must develop and submit to the
Teas Commission on Environmental Quality, a storm grater management program
(SWMP) that includes at least six control measures. The Reverse Lifter 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 he Part of the solution. TRWD and City of Fort
Worth are taking the lead and encouraging cities across the Me,troplex 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
OFFICIAL RECORD
F C E,IV E 0 MAR 2 7 1
opunni; V,
.................
obligations set forth herein, the receipt and sufficiency of which are hereby expressly
acknowledged, the Parties agree as follows:
1. Public Awareness Cam ai nk
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 n-fini'MUM4,
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 collateral s.
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,
I Fundjng
a. Funding for the Reverse Litter,campaign will proceed as outlined below:
i. City of Fort Worth shall pay to TRW D on or before March 15,
201J, December 1, 2013, and December 1, 2014, $20,0,000 for
costs and expenses related to the Reverse Litter Campaign
undertaken pursuant to this MOU, for an aggregate total of
$6001,,000,over the three payments. All payments are subilect to
annual appropriation of sufficient funds ley the City of Fort Worth
Mayor and Council.
11 TRWD will contribute $300,000! to the Reverse Litter Campaign
upon receipt of funds annually by the City of Port: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 11"fr1ited to., a media buy
reconciliation.
c., All payments or expenditures made pursuant t e a t his MOU are made, from
current funds as required by Chapter 791, Texas Government Code.
4. Term and Termi*nation.
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 term-inated as provided in
Paragraph, (b).
b. This MOU may be terminated by convenience by either Party, in its sole
d,iscretion, upon thirty (30) days written notice. Termination of the MOU
terminates the Reverse Litter Campaign incorporated in this U. 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. T shall report performance measures to Denton annually in a written
report, by the end of July for each year that this MO:U is in existence, with
the first such report being due on or before July 1, 2013.
c. TRW D 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 Cttv of Fort Worth
City of Fort Worth
Attn: Fernando Costa, Assist ant City Manager
1000 Throckmorton Street
Fort Worth, TX 76102
8. Cove rriinj� 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'laves that would require the application
of a law of other Jurisdiction), and exclusive venue shall lie in the courts of
competent J uri sdiction 'in Tarrant County,Texas.
9. gptions and Headinjzs. Captions and headings, used in this MOU are for
reference purposes only and shall not be deemed a part of this MOC U.
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 for more than one such
counterpart.
11. Entire Aiareement. 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.
1,2. '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.
1,3. ,Sever 41 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 MDU are solely for the
benefit of T'RWD and City of For Worth and are not *intended to create any
rights, contractual or otherwise, for any person or entity.,
41
16. Conflicts. In the event of any dispute over the meaning or application of and
provision of this MOU, this MO�U shall be interpreted fairly and reasonably, and
nether more strongly fair regardless r or against any Party, regardle of the actual drafter of
this MOU.
IT No Putner Nothing in this MOU shall be deemed to create a partnership,
agency,joint venture, or joint enterprise between the Parties.
,[si gnature Page Follows]
EXECUTED as of t is2 day,of .
TAR RANT R. ION ATER DISTRICT,
A Water tr I p vement District
Ai,�By.
%0
a a gel`, Jim Over
P4
00000
�a�` �T '' �'FORT WORTH, TEXAS
Fernando Costa.
AMAW by:
Assistant C' Manager
ro
� d
10e) loon
I
Ar
Mary 1'. K 110 A-10 tY S e=U"
B
iL Assistant C* y Manager
APPROVED AS TO FORM:
Arthur B ashor,
Assistant City Attorney
By:
Assistant City Attorney
OFFICIAL REC
REC
ORD]
CITY
FT WORTH9 TX
Contract Aut,holriz,atiox
Date
City o Fort Worth, Texas
■
.MONI =.gob,
Mayor and t.,prouncil Co ulnication
05,615
"Approv
ed'on,,1/8/2,013 s
64
2013
DATE: Tuesday, ainuar 8, 20,13 REFERENCE NO... **C-26038
LOG NAME.- 20REVERSE LITTER
SUBJECT.-
Authorize Execution of'a Memorandum of Understanding with the Tarrant Regional Walter District to
Participate in the Reverse Litter Campaign for and Annual Contribution in the Amount of$200,000.00 with
Funding in the Amounts of$75,,000.,001 from the Environmental Protection Project Fund, $75,000.00 from
the Solid Waste Fund, and $501,0100.010 from the Storm Water Fund, Authorize a Transfer inl the Amount of
$75,000.00 from the Environmental Protection Management Fund tote Enlv iron mentall Protection Project
Fund, and Adopt Appropriation Ordinances (ALL COUNCIL DISTRICTS)
................. ........... 111-111-........
RECOMMENDATION:
It is, recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing appropriations in the Environmental Protection
i
Management Fund in the amount of$75,000.00 and decreasing the ass,ig�ned fund balance by the same
amlount;
2. Authorize the transfer in the amount of$75,000.00 from the Environmental Protection Management
Fund to, the Environme,nta,l 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$200,000.010.
D 11 S�C Ul SSJ0:N
'The Memorandum of Understanding (M U) with Tarrant Regional Water District (TR ) will alIlow 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 1nearly 1.2 million people in the City of Fort Worth and surrounding communities, the
City of Fort Worth and TRH 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 carne 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: 20REVERS,E LITTER Pa,gle I of 2
problemli 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 trails,, so that it winds up in trash cans and recycle bins before it pollutes our
waterways. TRWID and the City of Fort Worth must develop ands submit to the Texals, Commission on
Environmental Quality, a stormwater management program (SWiP) that includes at least six control
measures. The Reverse Litter Campaign wills address two items on the list: public education and outreach
and public involvement and partilciipation. In addition to the $75,00 0.00 funding by the Environmental
Plroteicti'oln Project Fund, $75,0010.00, and $50,0010.00 in funding will be provided by Code, and TPW-
Stormwater respectively and are included in -their Fiscal Year 201�3 appropriated budgets.,
The Reverse Litter Campaign will affect residents, in ALL COUNCIL DISTRICTS.
.............. .......
F'IS,CAL INFORMATION I 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 FROM Fund/Account/Centers
1) R103 494100 02011010, $75,0010.001 2) R103 538040 02011001 $75,0010-010
1) R103 539120 0120111010 $75,000.001 4) R1 Oil 539120, 020211 0 $75 001!0010
2) R101 476103 02021130 $75,10010.00 4) PE64 539120 0239909 $75,0010.010
4) PE69 539120 02091002 $50,0010.,010
CERTIFICATIONS:
Submitted for Ciitv M�ana Fernando Costa (6122)
i -ge�r's Offic
Originating Department Head: Dougi�las, W. Wiersig (7801)
Addlitionall Information Contact: Michael A. Gangs (6569)
.......... ............ .......... ............. ............ ........
ATTACHMENTS
1., 20�REVERSIE LITTER R101 A0131-doc (Public)
2. 201REVERSE LITTER R1 03 Revisedi 01 3.doc (P,ubllic)
3. Fund Balance-20,Revers,e Utter 121312.0f (CFW internal)
4. PE64-539120-0239909.docx. (CFW Internal)
5. PE69-53ZZZ1Z-0209002.docx (CFW Internal)
6. R103-494100-0201100-docx (CFWlnternal)
Logname: 20REVERSE LITTER Page 2 of 2