HomeMy WebLinkAboutC2023-297 - 12/12/2023 - Approved CITY OF CORPUS CHRISTI FINANCIAL SUPPORT AGREEMENT
Whereas,the Coastal Bend Air Quality Partnership (formerly the Corpus Christi.Air
Quality Group)was established in 1995 when Corpus Christi was very close to violating ozone
air quality standards set forth by the Environmental Protection Agency (EPA).
Whereas,the purpose of the Partnership and its activities is to keep Nueces and San Patricio
County air healthy and in compliance with EPA standards through voluntary measures; and
Whereas, the Partnership works to stay abreast of local ozone levels, seek funding for
air quality programs, and identify and implement programs best suited to reduce ozone-
causing emissions in our air.
This City of Corpus Christi Financial Support Agreement ("Agreement") is made and entered-into
effective as of January 1,2024(the"Effective Date"),by and between the City of Corpus Christi
("City") and the COASTAL BEND AIR QUALITY PARTNERSHIP ("CBAQP"), a Texas
501(c)(3) nonprofit corporation.
In consideration of the mutual covenants, rights, and obligations set forth herein and the
benefits to be derived therefrom,the receipt and sufficiency of which each party acknowledges,
the parties agree as follows:
1. Term. This Agreement is for one year commencing on the Effective Date and shall
continue until.December 31, 2024. The term includes an option to extend for up to two
additional one-year periods subject to appropriations per Section 10.
2. Programs,Projects,Activities. During the term of this Agreement,the CBAQP agrees to
provide to or on behalf of City, the projects, programs and/or related activities described in
(Exhibit A) in accordance with the terms and conditions of this Agreement.
3. Consideration. In consideration of.the Financial Agreement to be provided hereunder,the
City agrees to pay the CBAQP $25,000 annually. The CBAQP agrees that any funds paid to
it pursuant to this Agreement will be utilized solely for the purpose of providing CBAQP
projects,programs and activities identified in this agreement.
--- 4. Annual Report. On an annual basis, the CBAQP shall submit to the City a written activity
report (the "Activity Report") of its accomplishments for that particular year. Except as
otherwise provided in this Section,the form of the Activity Report shall include,at a minimum,
a narrative summary of the projects, programs and activities rendered during the year, and.an
annual financial statement including year-to-date expenditures incurred by the CBAQP in
providing,the projects, programs, and activities.
5. Records. The CBAQP shall maintain fiscal records and,supporting documentation in the form
of canceled checks, payroll records, and invoices evidencing the expenditure of all funds received
by the CBAQP pursuant to this Agreement. The CBAQP agrees to maintain proper accounting
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records reflecting the receipt and expenditure of funds paid to it by City pursuant to this Agreement
in sufficient detail that a reasonable person could, from a review of such records, determine how all.
such funds were expended. Upon written request to do so, the CBAQP shall give the City or its
duly authorized representatives, at any reasonable time or times, access to all books, accounts,
records, files, or other papers belonging to or used by the;CBAQP in connection with its
performance of programs and activities. Failure to provide access to the foregoing documents shall
constitute a breach of this Agreement by the CBAQP.The CBAQP agrees to keep in its possession
for at least three(3)years after the termination of this Agreement all of the records described in this
Section.
6. Performance. Review. City may conduct a performance review on a semi-annual basis to
evaluate the CBAQP's compliance with the provisions of this Agreement.
7. Early Termination. City shall have the right to terminate this Agreement any time if City
determines that the CBAQP has breached or otherwise failed to comply with any terms of this
Agreement. City shall give the CBAQP written notice of such termination at least thirty(30) days
prior to the date of such termination. The notice shall include the reasons for such termination and
the effective date of the termination.
8. Coordination of Services.by City. City shall designate an Agreement Representative who will,
on behalf of.City, coordinate with.the CBAQP and administer this Agreement. It shall be the
responsibility of the CBAQP to coordinate all assignment-related activities with.the Agreement
Representative or Designee.For the purposes of this Agreement,the Agreement Representative shall
be:
Dr. Fauzia Khan,MBBS, MPH, CPM
Public Health Director
1702 Horne Road
Corpus Christi,Texas 78416
Office: (361) 826-7202
fauziak@cctexas.com
City may change the Agreement Representative at any time by giving the CBAQP written notice
of such change.
9. Notices. All notices given pursuant to this Agreement shall be in writing, and if sent by mail
shall be sent by certified mail, return receipt requested, postage prepaid, or by overnight delivery
service, or email as addressed below:
If to City:
Corpus Christi-Nueces County Public Health District
Dr.Fauzia Khan,MBBS,MPH, CPM
Public Health Director
1702 Home Road
Corpus Christi,Texas 78416
Office: (361) 826-7202
fauziak(aicctexas.com
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If to the CBAQP:
Sharon Bailey Murphy, MPA, CHMM, REM
Executive Director
Coastal Bend Air Quality Partnership
1305 N.Shoreline Blvd. Suite 220
Corpus Christi. TX 78401-1537
Sharonm@cbaqp.org
361-299-0047
Other addresses may be designated in writing from time to time. All notices sent by certified
mail are.deemed received on the third business day after mailing.All notices sent by overnight
delivery are deemed received on the next business day after being sent. All notices sent by
facsimile or electronic transmission are deemed received on the day sent. Any party may
change its address by giving notice to all other parties as set out herein.
10.Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of
the City,which fiscal year ends on September 30th annually,is subject to appropriations and budget
approval specifically covering this Agreement as.an expenditure in said budget, and it is within the
sole,discretion of the City's City Council to determine whether or not to fund this Agreement.The
City does not represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget. Such termination shall be without
penalty to the City,and without any right or recourse to the CBAQP.
11.No Conflict of Interest. City and CBAQP each state independently that to the best of its
knowledge, no member of City nor any officer, employee, or agent of City who will exercise
any function or responsibility in connection with the carrying out of the provisions of.this
Agreement has any personal financial interest, direct or indirect,'in this Agreement.
12.No Joint Enterprise or Liability. The parties do not intend, by entering into this
Agreement,to create a partnership or joint enterprise with each other,and City shall at no time
be responsible or liable for the acts of the CBAQP' or the CBAQP's agents,or employees. In
no event shall City be liable(i)for the performance of any contracts made by the CBAQP with
any other person or entity or (ii) for any damages, injuries, or losses charged to or adjudged
against the CBAQP arising from its operations or the use or maintenance of its facilities. The
CBAQP will be responsible for all costs and expenses incurred by it in providing the projects,
programs, and activities hereunder, and City shall be under no obligation to provide any
additional funding or incur any other costs or expenses in connection with the projects,
programs, and activities beyond the Contract Amount.
13. Indemnity. The CBAQP agrees to defend, indemnify, and hold harmless
City, employees and representatives for any claims or losses of any kind
incurred by any of them because of or arising out of the projects, programs and
activities performed'by the CBAQP pursuant to this Agreement.
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14.Confidential Information.The CBAQP agrees that any information given to the CBAQP
by City concerning the financial or other affairs of City, while in pursuit of the CBAQP's
obligations under this Agreement will be held by the CBAQP in confidence and will not be
revealed to any other person,entity,or governmental body without the express written consent
of City.
15..Severability. If any provision of this Agreement is held to be invalid,unconstitutional,or
unenforceable by any court of competent jurisdiction, the other provisions of this Agreement
will remain in full force and effect. Any provision of this Agreement held to be.invalid,.
unconstitutional,or unenforceable only in part or degree will remain in full force and effect to the
extent;not held invalid, unconstitutional, or unenforceable.
16.No Waiver of Rights. It is understood and agreed that no failure or delay in exercising
any right,power or privilege hereunder shall operate as a waiver thereof,nor shall any single
or partial exercise thereof preclude any other or further exercise thereof or the exercise of any
right,power, or privilege under this Agreement.
17. Governing Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas. Venue for any action brought under this Agreement
lies in San Patricio. or Nueces County, Texas, exclusively.
18.Execution :in Counterparts. This Agreement may be executed in any number of
counterparts, each of which when so executed shall be deemed to be an original and all of
which taken together shall constitute but one and the same agreement
19.Assignments and Successors. No party may assign any of its rights or delegate any of its
obligations under this Agreement without the prior written consent of the other party. Subject
to the preceding,sentence, this Agreement will apply to and be binding in all respects on and
inure to the benefit of the:successors and permitted assigns of the parties.
20.Headings. The titles and headings in this Agreement are used only for reference,and in no
way define or limit the scope or intent of a provision of this Agreement.
21. Compliance with Applicable Laws. The CBAQP agrees to comply with all applicable
federal, state, and local laws and regulations while performing its projects, programs, and
activities.
22.No Organizational Conflict of Interest.The CBAQP hereby certifies that it has no actual
or potential Organizational Conflict of Interest."Organizational Conflict of Interest" means that
because of other activities or relationships with other persons or entities,the CBAQP is unable or.
potentially unable to render impartial services to the City or the CBAQP's objectivity in
performing the services under this Agreement is or might otherwise be impaired. An
"Organizational Conflict of Interest" also exists if an owner,_director, manager, trustee,
or employee of the CBAQP publicly opposes, works against, or takes a position adverse to the
project, permit, or objectives for which the CBAQP is engaged hereunder.. CBAQP agrees to,
immediately notify the City of any actual or potential Organizational Conflict of Interest that
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develops or occurs during the term of this Agreement. City may terminate this Agreement
immediately if it becomes aware of any Organizational Conflict of Interest during the term of the
Agreement.
23.Entire Agreement and Modification. This Agreement supersedes all prior agreements
between the parties with respect to its subject matter. This Agreement constitutes a complete and
exclusive statement of the terms of the agreement between the parties with respect to the subject
matter of this Agreement. There are no written or oral representations or understandings that are
not fully expressed in this Agreement. This Agreement may not be amended, supplemented, or
otherwise modified except by written agreement executed by the party to be charged with the change.
IN WITNESS WHEREOF, City and CBAQP, acting under the authority of their respective
governing bodies,have caused this Agreement to be executed by their duly authorized representatives
on the dates set forth below,but effective for all purposes as of the Effective Date.
City of Corpus Christi' Coastal Bend Air Quality Partnership
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Pe ' anoni Sharon Bailey Mu y,MPA, dIMM,REM
City.of.Corpus Christi . Coastal Bend Air Quality Partnership .
City Manager Executive Director
Date: Date:November 30,2023
Approved as to form:
Buck Brice
Deputy City Attorney. . . .
For City Attorney
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EXHIBIT A
SERVICES AND RELATED ITEMS
The projects, programs and activities provided to City by the CBAQP consist of the
projects, programs, and activities that seek to protect Coastal Bend's air quality and its
attainment of National Ambient Air Quality Standards (NAAQS) established by the United
States Environmental Protection Agency,which would be advantageous to the future growth and
vitality. for City and benefit the public welfare in Nueces and San Patricio Counties and shall
include the following:
1) Work in conjunction with the Corpus Christi —Nueces County Public Health District to conduct
an annual Air Quality and Public Health awareness campaign in association with Air Quality
Awareness Week. Coordinate with the City of Corpus Christi Communications Department on the
promotion of Air QualityAwareness Week activities, including press releases and information for
social media promotions to advance regional dialogues about the effects of air quality on health,
environment,economy, and overall quality of life.
2) Promote voluntary air quality improvement measures and emission reducing activities and
include at a minimum, three press releases per quarter to the media and the CBAQP social
media.
3) Propose, promote, and implement programs for monitoring air quality in Corpus Christi and
provide City Mayor and Council a mid-annual and annual brief on the status of Coastal Bend
air quality and the status of EPA's review of non-attainment standards.
4) Recognize City as a supporter of the Coastal Bend Air Quality Partnership and work closely
with City and area stakeholders in addressing issues related to air quality to promote local
actions to reduce ozone precursors in the community and continue to maintain National
Ambient Air Quality Standards for ozone.
5) The CBAQP will continue the outreach efforts and develop and disseminate the End of Season
and Annual Reports as part of the community awareness process.
6), CBAQP meetings will be held a minimum of 4 times a year with additional meetings held as
needed. Typical scheduling of meetings will be April (the beginning of ozone season), July
(mid ozone season), October(end of ozone season) and December (end of year).
7) 'A report re-capping information presented,and issues stated at each meeting along with a copy
of the attendee sheet will be provided to the CC-NCPHD and City IGR Department within 14
days of the meeting.
8) Ozone season and ozone standard briefings will be made to elected officials, community, and
business groups as needed and coordinate with partner entities to issue public alerts on ozone
alert days.
9) An "end-of-ozone season" report, including ozone trending for the year and impact in the
following year, will be submitted to the City of Corpus Christi's CC-NCPHD and IGR
Departments by December 15th each year.
10)An Ozone Advance Annual Report will be submitted to the U.S. EPA that includes Corpus
Christi initiatives to reduce ozone forming emissions will be coordinated by the Chair, with
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approval and coordination of the Group, and submitted to the U.S. EPA by December 31st
of each year.
11)CBAQP will provide oversight and reporting of Ozone Advance activities for each year
thereafter.
12)The CBAQP shall provide quarterly executive summary reports to the City's CC-NCPHD and
IGR Department directors as well as the City's designated Assistant City Manager. The reports
should summarize the activities included in the terms of the contract and the progress made.
Any deviations from the scope of work must be included. The quarterly reports should include
copies of all monthly financial statements. The reports are due April 14, July 14, October
14, and January 14. The final report must summarize activities carried out per the contract,
all accomplishments, and any deviations.
13)Serve as-a consultant.for Public Health District media events related to Air Quality.
14)Proyide.daily reports on Air Quality to the CC-NCPHD director and designated Assistant City
Manager and serve as an Air Quality subject matter expert during prescribed burns, prescribed
fires, or natural wildfires when they occur within Nueces or San Patricio County.
15)Upon the City's request,the CBAQP agrees to make any and all financial records available
for review. .
End of Exhibit
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