Loading...
2012-358ORDINANCE NO. 2012-358 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A"MEMORANDUM OF UNDERSTANDING — REVERSE LITTER CAMPAIGN" BY AND BETWEEN THE TARRANT REGIONAL WATER DISTRICT AND THE CITY OF DENTON, TEXAS TO DEVELOP A REVERSE LITTER CAMPAIGN; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID MEMORANDUM OF UNDERSTANDING ON BEHALF OF THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN EFFECTIVE DATE. WHEREAS, the "Memorandum of Understanding — Reverse Litter Campaign" ("MOU") by and between the City of Denton, Texas and Tarrant Regional Water District ("TRWD"), a Water Control and Improvement District, a conservation and reclamation district, and political subdivision of the State of Texas, referenced herein; said MOU was presented to, reviewed by and considered by the Public Utilities Board ("PUB") at its regulaxly called meeting of December 10, 2012; and the PUB recommended approval by the City Council of the MOU by a vote of 6 to 0; and WHEREAS, the City and TRWD have a great interest in protecting and preserving our waterways, and are collectively seeking to develop a regional anti-litter campaign to highlight the litter problem and inspire action; the goal of which program is to reverse the litter trail so that litter will end up in trash cans and recycle bins, rather than in our waterways; and WHEREAS, the City and TRWD will address in this campaign, public education and outreach, as well as public involvement and participation; and WHEREAS, the City Council finds that the MOU will benefit the City of Denton, Texas and is in the public interest. WHEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations set forth in the Preamble of this ordinance are included within the provisions of this ordinance. SECTION 2. The City Council hereby approves the "Memorandum of Understanding — Reverse Litter Campaign" entered into by and between the City of Denton, Texas and Tarrant Regional Water District that provides for a reverse litter campaign, substantially in accordance with the Memorandum of Understanding — Reverse Litter Campaign" which is attached hereto and incorporated herein by reference (the "MOU"). SECTION 3. The City Manager, or his designee, is authorized to execute the MOU on behalf of the City. The City Manager, or his designee, is authorized to carry out the City's rights and duties under the MOU. SECTION 4. The City Manager is hereby authorized to expend funds as required by the MOU. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /��/,� day of ��C2/?2�(�� , 2012. M RK . B O. S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: � � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY B " r� Y• � MEMORANDUM OF UNDERSTANDING REVERSE LITTER CAMPAIGN This Memorandum of Understanding ("MOU") is entered into this /�f� day of �?r,Q /yl ,�y , 2012, (the "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 55t�' Texas Legislature, Regular Session, 1957, as amended (hereafter referred to as "TRWD".) and the City of Denton, Texas, a municipal cotporation and home-rule city located in Denton County, Texas (hereafter "Denton"). TRWD and Denton may hereafter be referred to individually as a"Party" and jointly as the "Parties." WHEREAS, as water suppliers for nearly 1,8 million people in the City of Denton, Fort Worth Metroplex and surrounding communities, the City of Denton, Texas and the Tarrant Regional Water District (TRWD) have a lceen interest in protecting and preserving the quality of our waterways; and WHEREAS, during each year hundreds of tons of trash and debris wind up in creeks and rivers that flow into our reservoirs. The same trash that we see accumulated along the Trinity River after a big rainstorm is the saine sort of litter that washes into our reservoirs, which reservoirs serve as major sources of drinlcing water for millions of North Texans; and WHEREAS, TRWD and Denton are each seeking to develop a regional anti-litter campaign to highlight the problem and to inspire action. The goal is to prevent tons of plastic bottles, paper, styrofoam and other trash and debris from flowing into our creel<s and reservoirs annually. This 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; and WHEREAS, since everyone in the watershed contributes to the problem, then everyone in the watershed must be a part of the solution. TRWD and Denton are talcing the lead and are encouraging other cities across the Metroplex to join the fight against litter and other sources of non-point source pollution; and NOW THEREFORE, for and in consideration of the mutual benefits and obligations set forth herein, the receipt and sufiiciency of which are hereby expressly acicnowledged, the Parties agree as follows: 1. Public Awareness Campai�n. The Parties shall support the "Reveise Litter Campaign" to: a. inform and educate the public regarding issues related to the protection of drinlcing water sources and/or water conservation; Page 1 of 5 TRWD/CITY MOU PUBLIC AWARENESS CAMPAIGN b, foster community ownership of the protection of drinlcing water sources and/or water conservation; and c. raise the public's awareness of the public's role and impact in protection of drinking water sources and/or water conservation. 2. Contracting. TRWD shall enter into such contracts as are necessary with creative and/or advertising agencies to develop, design and implement the above-described "Reverse Litter Campaign." 3. Fundin�. a. Future funding (those funds that are in addition to the initial contribution outlined above) for the Reverse Litter campaign will proceed as outlined below: i. Denton shall pay to TRWD on October 1, 2012, October 1, 2013, and October l, 2014, payinents of $25,000 each, regarding the costs and expenses related to the "Reverse Litter Campaign" undertalcen pursuant to this MOU, for a total of $75,000. It is understood that all payments of Denton are subject to the annual appropriation of sufficient funds. ii. TRWD shall pay $300,000 to the "Reverse Litter Campaign" within thirty (30) days after receipt of funds annually by Denton, for a total of $900,000. iii. Denton's first payment of $25,000 to TRWD referenced in "i." above shall be inade within thirty (30) days following the date of execution of this Memorandum of Understanding. b. An annual accounting of fiinds shall be provided for each "Reverse Litter Campaign'' and shall include, but not be limited to a media buy-reconciliation, c. All paynlents or expenditures made pursuant to this MOU as described in Paragraph 3.a, above, are made from current funds as required by Chapter 79l , Texas Governinent Code. 4. Term and Termination. a. The Term of this MOU shall be three (3) years from the effective date of this MOU, wllich effective date shall be the date of tlle last Party to execute this MOU, and this agreement shal( be autoinatically renewed and extended for successive one-year terms, unless otherwise terminated as provided in Paragraph 4(b). b. This MOU may be terminated by convenience by either Party, in its sole discretion, upon thirty (30) days written notice and payment of any outstanding amounts then due from the terminating Party, Termination of the MOU tei�ninates the "Reverse Litter Campaign" which is incorporated in this MOU. Page 2 of 5 TRWD/CITY MOU PUBLIC AWAREN�SS CAMPAIGN 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, on or before the lst day of May for each year that this MOU is in existence, with the �rst such report being due on or before May 1, 2013. 6. Bindin� Nattire of MOU. It is the intent of the Parties t11at this MOU be a Uinding engagement between them in principle, with regard to tlie provisions set forth hereiil. 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: 1 • : � � Tarrant Regional Water District Attn: Jim Oliver, General Manager S00 E. Northside Drive Fort Worth, TX 76102 To Citv of Denton: City of Denton, Texas Jim Coulter, General Manager, Water Utilities, 215 East McKinney Street Denton, Texas 76201 8. Governin� Law, The Parties agree that this MOU shall in all respects be governed by, and constcued in accordance witli, the laws of the State of Texas, without cegard to principles of conflict of laws that would rec�uire the application of a law of another jurisdiction; and exclusive venue shall lie in the COUl'CS of coinpetent jurisdiction iii Tarrant County, Texas. 9. Captions and Headin�s. Captions and headings used in this MOU are for reference only and shall not be deeined to Ue a part of this MOU. 10, Countei�parts. This MOU may be executed iu any number of counterparts, each of which shall be deemed to be an original and all of which tal<en together shall be deemed to Page 3 of 5 TRWD/CITY MOU PLTBLIC AWARENESS CAMI'AIGN constitlrte one and the saine instrument, and it shall not be necessary in makivg proof of this MOU to produce or account for more than one such countetpart. 11. Entire A�reement. This MOU represents the entire understanding of tlle 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 tlie subject matter hereof. l2. Governmental Powers. By execution of this MOU, neither TEtWD nor Denton waives their sovereigil or governmental powers or immLmities, all of wllich are expressly reserved. 13. Severabilitv. 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 contraiy to law, and tliis MOU shalf continue in force in accordance with the remaining ter�ns and provisions hereof, unless however, such condition invalidates the pui�pose or the intent of this MOU. 14. Amendinent. No amendment, modification, or alteration of the terms of this MOU shall be binding unless it is in writing, dated subsequent to tl�is 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 Denton and are not intended to create any rights, contractual or otherwise, for any other person or entity. , 16. Contlicts. In the event of any dispute ovec the meaning or application of any provision of this MOU, this MOU shall be interpreted fairly and reasonably, and neither inore strongly for, or against any Party, regardless of which party was the actual drafter of this MOU. 17. No Partnership. Notliing in this MOU s11a11 be deemed to create a partnership, agency, joint venture, or joint enterprise between the Parties. [Signature Page Follows] Page 4 of 5 TRWD/CITY MOU PUBLIC AWARENESS CAMPAIGN EXECUTED as ofthis /��r day of (_�p�/y�lp� , 2012. TARR.ANT REGIONAL WATER DISTRICT, A Water Control and Improven�ent District : ATTEST: Secretary, Board of Directors � � �,,,� ��, v � ��n .E�i� !/" r 1�1� ;a/ � CITY OF DENTON, TEXAS A Texas Municipal Corporation By: Geor e C. Camp ell, Ci Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY By: ' � APP VED S TO LEGAL F�RM: ANITA BURGESS, CITY ATTORNEY By: � Page5of5 TRWD/CITY MOU PUBLIC AWARENESS CANIPAIGN