HomeMy WebLinkAboutC2021-261 - 9/21/2021 - Approved CITY OF CORPUS CHRISTI FINANCIAL SUPPORT AGREEMENT
2021
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 1,2021 (the"Effective Date"),by and between City of Corpus
Christi (City)and the COASTAL BEND AIR QUALITY PARTNERSHIP (Partnership).
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. The term of this Agreement ("Term") is for a 3-year period. The first-year
term of this Agreement shall commence on the Effective Date and shall continue until December
31, 2021, with a second-year extension until December 31, 2022 and third-year extension until
December 31, 2023 per Section 11 Appropriation/Non-Appropriation as provided in this
Agreement unless sooner terminated as provided in this Agreement.
2. Programs, Projects, Activities. During the term of this Agreement, the
Partnership 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, City agrees to pay the Partnership $25,000 annually. The Partnership agrees that any
funds paid to it pursuant to this Agreement will be utilized solely for the purpose of providing
Partnership projects,programs and activities identified in this agreement.
4. Place for Payment. The funding required under this Agreement shall be mailed to
the Coastal Bend Community Foundation per the attached agreement (Attachment 1) unless the
Partnership makes other arrangements for payment that are satisfactory to City.
5. Annual Report. On an annual basis,the Partnership shall submit to 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 Partnership in providing
the projects,programs, and activities.
SCANNED
6. Records. The Partnership shall maintain fiscal records and supporting
documentation in the form of cancelled checks, payroll records, and invoices evidencing the
expenditure of all funds received by the Partnership pursuant to this Agreement. The Partnership
agrees to maintain proper accounting 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 Partnership shall give 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
Partnership 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 Partnership.
The Partnership 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.
. 7. Performance Review. City may conduct a performance review on a semi-annual
basis to evaluate the Partnership's compliance with the provisions of this Agreement.
8. Early Termination. City shall have the right to terminate this Agreement any
time prior to the expiration of the term specified in Section 1 if City determines that the
Partnership has breached or otherwise failed to comply with any terms of this Agreement. City
shall give the Partnership 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.
9. Coordination of Services by City. City shall designate an Agreement
Representative who will, on behalf of City, coordinate with the Partnership and administer this
Agreement. It shall be the responsibility of the Partnership to coordinate all assignment-related
activities with the Agreement Representative.
For the purposes of this Agreement,the Agreement Representative shall be:
City of Corpus Christi
Planning and Environmental Services
Attn: Sharon Bailey Murphy, MPA, REM, CHMM
P. O. Box 9277
Corpus Christi,TX 78469-9277
(361) 826-4066 Office
City may change the Agreement Representative at any time by giving the Partnership
written notice of such change.
10. 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 by facsimile or electronic transmission as addressed below:
If to City:
City of Corpus Christi
Planning and Environmental Services
Attn: Sharon Bailey Murphy, MPA, REM, CHMM
P. O. Box 9277
Corpus Christi,TX 78469-9277
(361)826-4066 Office
If to the Partnership:
Interim Executive Director
Coastal Bend Air Quality Partnership
Gretchen Arnold
121 Atlantic St.
Corpus Christi,TX. 78404
gretchen.amold0@gmail.com
or to such other address as 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.
11. Appropriations/ Non-Appropriation. Notwithstanding anything to the contrary
contained in this Agreement, the parties acknowledge and understand that this Agreement is
contingent upon the appropriation of funding by City. It is specifically agreed and understood that
this Agreement is binding upon City only if each annual appropriation includes its obligations
hereunder. If at any time,City shall fail or refuse to approve or authorize any funds due hereunder,
this Agreement shall terminate at the end of the fiscal year for which funds where approved and
authorized. Such termination shall be without penalty to City,and without any right or recourse to
the Partnership.
12. No Conflict of Interest. City and Partnership 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.
13. 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 Partnership or the Partnership 's agents or employees. In
no event shall City be liable(i)for the performance of any contracts made by the Partnership with
any other person or entity or(ii)for any damages,injuries,or losses charged to or adjudged against
the Partnership arising from its operations or the use or maintenance of its facilities. The
Partnership 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.
14. Indemnity. The Partnership 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
Partnership pursuant to this Agreement.
15. Confidential Information. The Partnership agrees that any information given to
the Partnership by City concerning the financial or other affairs of City while in pursuit of the
Partnership's obligations under this Agreement will be held by the Partnership in confidence and
will not be revealed to any other person, entity, or governmental body without the express written
consent of City.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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, be binding in all respects on and
inure to the benefit of the successors and permitted assigns of the parties.
21. 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.
22. Compliance with Applicable Laws. The Partnership agrees to comply with all
applicable federal, state, and local laws and regulations while performing its projects, programs,
and activities.
23. No Organizational Conflict of Interest. The Partnership hereby certifies that it
has no actual or potential Organizational Conflict of Interest. "Organi7ational Conflict of Interest"
means that because of other activities or relationships with other persons or entities,the Partnership
is unable or potentially unable to render impartial services to City or the Partnership'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 Partnership publicly opposes, works against, or takes a position adverse to the
project,permit,or objectives for which the Partnership is engaged hereunder. Partnership agrees
to immediately notify City of any actual or potential Organizational Conflict of Interest that
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.
24. 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 arc 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 Partnership, 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.
FUNDER: PARTNERSHIP
City of Corpus Christi Coastal Bend Air Quality Partnership
President
frip ;EN/ le
Peter Zanoni S ra i Garza
City of Corpus Christi '►-stal Bend Air Quality Partnership
City Manager President �-7
Date: Date: °1747/94�
t� '._ . 'AA
ATTEST: Trent Thigpen
E:ECCA HUERTAgp
CITY SECRETARY Coastal Bend Air Qua Uy Partnership
Vice-President
Date: 7-21—Z621
Approved as to form: IM/g,
44(11 41:‹A (45 ,6?) ) AUTHORILti
Buck Brice
Assistant City Attorney !Y (`OtlttCll '
For City Attorney /y
EXHIBIT A
SERVICES AND RELATED ITEMS
The projects, programs and activities provided to City by the Partnership consist of the
projects, programs and activities that seek to protect Coastal Bend 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) 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.
3) Propose,promote,and implement programs for monitoring air quality.
4) Advise City annually on the status of Coastal Bend air quality.
5) Recognize City as a supporter of the Coastal Bend Air Quality Partnership.
6) Partnership will 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.The Partnership will continue the
outreach efforts and develop the End of Season and Annual Reports as part of the community
awareness process.
7) Partnership 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).
8) 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 City within 30 days of the meeting.
9) Ozone season and ozone standard briefings will be made to elected officials,community,and
business groups as needed.
10) 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 by December 1st each year.
11) An Ozone Advance Annual Report submitted to the U.S. EPA that includes Corpus Christi
initiatives to reduce ozone forming emissions will be coordinated by the Chair,with approval and
coordination of the Group and submitted to the U.S. EPA by December 31st of each year.
12) Oversight and reporting of Ozone Advance activities will be provided by Partnership for each year
thereafter.
13) The Partnership shall provide quarterly executive summary reports to the Assistant City Manager
for General Government and Operations or designee. 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 February 29th,March 30th,June 30th,and November 30th of
each year. The final report must summarize activities carried out per the contract,all
accomplishments,and any deviations.
14) Upon the City's request,the Partnership agrees to make any and all financial records available for
review. Partnership also agrees to provide any and all financial records to the Assistant City
Manager for General Government and Operations upon request.
End of Exhibit
ATTACHMENT 1
Coastal Bend Air Quality Partnership Agreement with Coastal Bend Community Foundation to
Receive and Manage Funds
Fiscal Sponsorship Agreement
PARTIES
The parties to this fiscal Sponsorship Agreement("Agreement") are:
(i) Coastal Bend Community Foundation ("CBCF"), a Texas nonprofit public benefit
corporation located in Corpus Christi,Texas, qualified as exempt from federal income tax
under Section 501(c)(3) of the Internal Revenue Code (IRC) and classified as a public
charity under IRC Sections 509(a)(1)and 170(b)(1)(A)(vi)); and
(ii) Coastal Bend Air Quality Partnership,a Texas organization(not yet a 501(c)(3)at the time
this fund was established)established to manage the affairs of the Project described below
("Partnership").
RECITALS
A. The CBCF Board of Directors has approved the establishment of a restricted Special Project
Fund to receive donations of cash and other property earmarked for support of the Project
known as the COASTAL BEND AIR QUALITY PARTNERSHIP FUND.
B. CBCF desires to act as the fiscal sponsor of the Project, by receiving assets and defraying
expenses (from such assets) identified with the Project and using such funds to pursue the
objectives for which the Project is being established. CBCF's Board has determined that the
Project will further its charitable and educational goals. The Partnership desires to manage the
Project under the sponsorship of CBCF.
NOW THEREFORE,THE PARTIES HEREBY AGREE AS FOLLOWS:
1. Sponsorship Agreement;Term. On the date set forth below(the effective date),CBCF will
become sponsor of, and to the extent permitted by availability of funding, and make
expenditures in furtherance of, the attached Strategic Plan containing the Project
Description. This agreement shall continue in effect unless and until terminated under
Paragraph 10 below.
2. Project Activities and Sponsorship Policies. All community programs,public information
work, fundraising events, processing and acknowledgment of cash and non-cash revenue
items, accounts payable and receivable, negotiation of leases and contracts, disbursement
of Project funds (including grants), and other activities planned by the Project shall be the
ultimate responsibility of CBCF and shall be conducted in the name of CBCF,beginning
on the effective date. Unless otherwise agreed, any tangible or intangible property,
including intellectual property, such as copyrights, obtained or created in connection with
the Project shall be the property of CBCF while this Agreement is in effect.
3. Delegation. Authority to manage the program activities of the Project is hereby delegated
to the Partnership, subject at all times to the ultimate direction and control of the CBCF
Board of Directors.The attached Partnership meeting minutes of the June 10,2020 CBAQP
transition committee reflect the nomination of the CBAQP Interim Board members:
Sarah L. Garza: President
Director of Environmental Planning and Compliance
Port of Corpus Christi Authority
222 Power St.
Corpus Christi, TX 78401
Phone: Office(361) 885-6163
sarah@pocca.com
Trent Thigpen,M.F.A.: Vice-President
Program Manager, Pollution Prevention Partnership(P3)
Texas A&M University-Corpus Christi
6300 Ocean Dr. Natural Resources Center,2200
Corpus Christi,TX 78412 - 5854
Phone: Office(361)825-3070 Fax(361)825-2384
trent.thigpen@tamucc.edu
Sharon Bailey Murphy, CHMM, REM: Secretary
Environmental Affairs Manager
City of Corpus Christi
1201 Leopard Street
Corpus Christi TX 78401
Phone: Office (361) 826-4066
sharonl@cctexas.com
4. Restricted Fund/Variance Power. Beginning on the effective date, CBCF shall account
for all gifts,grants,contributions,and other revenue received by CBCF and identified with
the Project into a restricted fund to be used for the sole benefit of the Project's mission as
that mission may be defined by the Partnership from time to time with the approval of
CBCF. CBCF retains the unilateral right to spend such funds so as to accomplish the
purposes of the Project as nearly as possible within CBCF's sole judgment, subject to any
donor-imposed restrictions,as to purpose,on the charitable use of such assets. The parties
agree that all money and the fair market value of all property, in the restricted fund be
reported as the income of CBCF, for both tax purposes and for purposes of CBCF's
financial statements. It is the intent of the parties that this Agreement be interpreted to
provide CBCF with variance powers necessary to enable CBCF to treat the restricted fund
as CBCF's asset in accordance with Statement of Financial Accounting Standards No. 136
issued by the Financial Accounting Standards Board,while this Agreement is in effect.
5. Restricted Fund Management / Performance of Charitable Purposes. All of the assets
received by CBCF under the terms of this Agreement shall be devoted to the purposes of
the Project, within the tax-exempt purposes of CBCF. No item of revenue shall be
earmarked to be used in any attempt to influence legislation within the meaning of IRC
Section 501(c)(3); no agreement, oral or written, to that effect shall be made between
CBCF and any revenue source. CBCF shall not use any portion of the assets to participate
302497v2/2941.02/CWT/826
or intervene in any political campaign on behalf of or in opposition to any candidate for
public office,to induce or encourage violations of law or public policy,to cause any private
inurement or improper private benefit to occur, nor to take any other action inconsistent
with IRC Section 501(c)(3).
6. Disbursements. Disbursements from the Fund may be made by CBCF at its discretion
upon written request by both the President and Vice-President.
7. Financial Statement. A copy of the Partnership's annual financial statements will be
provided to the Foundation annually.
8. Investment; Commingling. Pending disbursement for purposes approved by CBCF such
fund will be invested(and may be commingled with other CBCF funds for such investment
purpose) in the short-term,non-permanent investment funds of CBCF.
9. Fees. An administrative fee of 1% (one percent) of the average annual balance will be
deducted from the fund to cover costs of operating the CBCF. Any applicable bank fees
and investment fees will be allocated to the fund. All fees will be deducted quarterly and
upon final liquidation of this Fund.
10. Termination. This Agreement shall terminate if it shall be determined that the objectives
of the Project can no longer reasonably be accomplished by CBCF. If the objectives of the
Project can still be accomplished but either the Partnership or CBCF desires to terminate
CBCF's fiscal sponsorship of the Project,the following understandings shall apply. Either
CBCF or the Partnership may terminate this Agreement on 60 days' written notice to the
other party, so long as another nonprofit corporation which is tax-exempt under IRC
Section 501(c) (3) and is not classified as a private foundation under Section 509(a) (a
Successor), is willing and able to sponsor the Project and is approved in writing by both
parties by the end of the 60-day period. If the parties cannot agree on a Successor to
sponsor the Project, the Partnership shall have an additional 60 days to find a Successor
willing and able to sponsor the Project. If a Successor is found, the balance of assets in
CBCF's restricted fund for the Project, together with any other tangible and intangible
assets held or liabilities incurred by CBCF in connection with the Project, shall be
transferred to the Successor at the end of the notice period or any extension thereof,subject
to the approval of any third parties that may be required. If the Partnership has qualified
to be a Successor as set forth in this Paragraph,such organization shall be eligible to receive
all such assets and liabilities so long as such organization has received a determination
letter from the Internal Revenue Service,indicating that such qualifications have been met,
no later than the end of the notice period or any extension thereof. If no Successor is found,
CBCF may dispose of the Project assets and liabilities in any manner consistent with
applicable tax and charitable trust laws. Either party to this Agreement may terminate this
Agreement,based upon a material breach of this Agreement by the other party,by giving
30 days' written notice to the other party.
11. Special Instructions. This is a special project fund established for the above-named
purpose. The terms of the fund will remain in effect until the Coastal Bend Air Quality
Partnership receives its 501(c)(3) charitable exemption notification from the IRS or one
year from the effective date listed below,whichever occurs first. If such notification is not
received by this time due to a circumstance not contemplated by this agreement,the parties
may renegotiate the term of the agreement for an additional year. However, if 501(c)(3)
302497v2/2941.02/CW1/626
status is not obtained during this time,the proceeds in the fund shall be utilized to establish
a permanent endowment of $10,000 or greater at CBCF the purpose of which shall be
support of air quality initiatives in the Coastal Bend of Texas. If, on the expiration date,
the assets of the fund are below $10,000, any remaining balance will be transferred to the
Coastal Bend Community Foundation unrestricted fund.
12. Miscellaneous. In the event of any controversy, claim, or dispute between the parties
arising out of or related to this Agreement, or the alleged breach thereof, the prevailing
party shall, in addition to any other relief, be entitled to recover its reasonable attorneys'
fees and costs of sustaining its position. Each provision of this Agreement shall be
separately enforceable, and the invalidity of one provision shall not affect the validity or
enforceability of any other provision. This Agreement shall be interpreted and construed
in accordance with the laws of the State of Texas applicable to contracts to be performed
entirely within such State. Time is of the essence of this Agreement and of each and every
provision hereof.
13. Entire Agreement. This Agreement constitutes the only agreement, and supersedes all
prior agreements and understandings,both written and oral,among the parties with respect
to the subject matter hereof. All Exhibits hereto are a material part of this Agreement and
are incorporated by reference. This Agreement,including any Exhibits hereto,may not be
amended or modified, except in writing signed by all parties to this Agreement.
14. Board of Directors Approval. This Agreement shall become effective only upon and after
approval by resolution of the Board of Directors or the Executive Committee of CBCF.
IN WITNESS WHEREOF,the parties have executed this Fiscal Sponsorship Agreement effective
on the 31St day of December 2020.
Coastal Bend Community
_ Foundation(CBCF)
By: Ka/Liet`-'
Karen W. Selim, JD, President and CEO
Coastal Bend Air Quality Partnership ("Partnership")
By:
Sarah 1• ., Director . Environmental Planning and Compliance, Port of Corpus Christi
Authority
It is certified that the foregoing Agreement was approved by Coastal Bend Community
Foundation Board/Executive Committee on December 28 , 2020.
By: N\eock
Assistant Secretary,Coastal Bend Community Foundation
•
302497v2/2941.02/0A117826
Coastal Bend Air Quality Partnership
Strategic Plan 2021 -2023
Background
It is essential that the Coastal Bend Air Quality Partnership (Partnership) transition from an informal and unstructured
volunteer group to a full-time,formal organization to strategically serve the future of the Coastal Bend's air quality and
quality of life. New economic development has created the opportunity—and imperative—for regional partners to
define and strive for a permanent,full -time air quality organization. The mission of the Partnership is to work daily to
ensure that the region can rely on having a long-term future of the healthy air quality and economy we enjoy today.
Vision Statement
The Partnership is a dependable and long-term, research, advisory, and action-oriented organization that the Coastal
Bend community can rely on to protect its current and future healthy air quality and quality of life. Via mutually
beneficial relationships with stakeholders,the Partnership is a regional and national success for voluntary reductions of
air emissions and protection of air quality.
Mission Statement
The mission of the Partnership is to protect the region's healthy air quality and inspire all emission sources to strive for
performance targets beyond general compliance through research, education, and the development and distribution of
guidance documents, recommendations,tools, and protocols for emission producing activities. The Partnership
believes that everyone wants to live,work and play in a community with healthy air. The Partnership believes that with
its leadership and commitment to protecting healthy air quality,the work of the Partnership and its stakeholders will
provide the region with the tools and resources it needs to maintain and protect the future of its healthy air.
Strategic Goals
1) Advance regional dialogues about the effects of air quality on health, environment, economy,and overall quality
of life.
2) Educate and advise industry,government, small businesses,and the public on air quality issues.
3) Promote voluntary air quality improvement measures and emission reducing activities beyond legal compliance.
4) Propose, promote, and implement programs for monitoring air quality.
5) Maintain attainment status for federally regulated air pollutants.
Objectives(2021-2023)
Objective accomplished in 2020–Obtain financial commitments to support annual operating budget of$131,200 for
2021–2023
A. Hire a full-time Executive Director by end Q1 2021
B. Establish non-profit status by the end of 2021
C. Secure 50%of total annual operating budget in grant funds and remaining 50%of total annual operating budget
in support from existing and new contributors for years 2024-2026 by end of 2022.
D. Increase grant revenues by 10%annually beginning in 2023
E. Develop,adopt, and implement a Clean Air Action Plan by the end of 2022 to protect air quality.
F. Commission a Nueces and San Patricio county air emissions inventory for ozone precursors and criteria
pollutants to be conducted by the end of 2022.
G. Deploy at least two new air monitors for research purposes by the end of 2023.
Coastal Bend Air Quality Partnership
Notes for Meeting of June 10, 2020
Present
Gretchen Arnold
Bob Paulison
Rob McDonald
Darcy Schroeder
Sharon Lewis
Glenda Swierc
Trent Thigpen
Sarah Garza
Jeff Pollack
Rosie Colin
(Errol Summerlin tried to participate but could not connect)
Discussion Points
• Interim Board Officers
o Term of duty was discussed. The term would last until the very basic tools of forming
the group into a full-time organization are complete. Anticipated time frame late 2020.
o Very basic tools that may be developed by interim board discussed were by-laws
sufficient to set up the organization (that can in turn be enhanced by permanent board),
non-profit status and application path forward, etc.
o Trent stated that the bylaws should address whether or not the organization is board or
member driven.
o Gretchen committed to being the interim director
o Glena Swierc declined her nomination for Secretary and Sharon Lewis was nominated
for Secretary position. There were no other nominations from the group.
o A vote was taken. There was a unanimous vote for Sarah as President,Trent as Vice-
President and Sharon as Secretary.
o Specific work plan and tasks to be accomplished by the board officers will be developed
by the elected officers.
• Financial Support Update
o Gretchen stated that Nueces County has agreed to a $15,000 per year contribution
level, RTA is agreeable to continuing their commitment of$5,000 per year but reluctant
to ask for an increase due to virus-related budget impacts, Cheniere has agreed to
$5,000 a year but it must go to a 501 C3 and not a pass through. They are looking for
another source within Cheniere (not the foundation)that does not have this
requirement. Gretchen is on the June 22 San Patricio County Commissioner's Court
agenda to request a commitment of$15,000 a year for 3 years.
o Rob stated that MPO can't increase their support beyond the current level of$4,000
because they would need to go to the City, RTA and Nueces County for the funds to do
so and we are already approaching those sources for an increase. The only other
funding source for the MPO is federal and since we are in attainment of air quality
standards, an increase in funding for air quality compliance would most likely not be
approved.
o Sharon stated that she would proceed with an increase request of$15,000 a year for a
3+year period but she would need to demonstrate that other contributors are also
stepping up their support. Gretchen shared that the Port and Nueces County increased
their support and that she would provide a letter to Sharon detailing the increase in
support from the Port, Nueces County and hopefully San Patricio County that could be
attached to Sharon's request.
o Trent suggested that if the Partnership mission was opened up to healthy air quality
overall that funding sources from health-oriented organizations such as the American
Lung Association could be approached.
o Bob Paulison informed the group that he announced to PICC that the air quality group
was moving to a full-time organization and that there would be an effort in the future to
request funding from PICC. He stated that he thought the set-up would be much like
what PICC does for Coastal Bend Bays and Estuaries Program which receives$75,000 a
year from PICC. Bob did not sense any push-back with PICC. Bob stated that PICC needs
a solid plan of the Partnership's organizational structure,what the Partnership plans to
achieve/produce and how the financial request meets the goals and product of the
Partnership. Bob said he can present this plan at the July meeting.
• Strategic Plan
o Gretchen asked for"hands-on" assistance to complete the draft strategic plan that is on
the TEAMS page and was circulated to the group. Bob stated the strategic plan looks
good but the more detail the better.
o Gretchen will continue to work internally with the transition group to complete the
strategic plan.
• Non Profit Efforts
o Different categories of non-profit and what the Partnership needs out of its non-profit
status was discussed.
o A quick poll with the attendees(Port, PICC, City,Valero), confirmed that realizing tax
benefits for their contributions was not a factor in their decision to contribute.
o Gretchen suggested looking into a consultant to process the non-profit application.
Trent stated that an online search for the service posted fees of approximately$1,250
to provide the service.
o Gretchen suggested the interim board determine the non-profit category that best fits
the mission and needs of the Partnership and we proceed from there.
Coastal Bend Air Quality Partnership
Minutes of Interim Board Meeting of December 22,2020
Interim Board Members Present:
Sarah Garza; Interim Board Chair
Trent Thigpen; Interim Board Vice-Chair
Sharon Bailey Murphy; Interim Secretary
Committee Members Present:
Bob Paulison
Gretchen Arnold; Interim Executive Director present
Sarah Garza called the meeting to order at 4:58 pm
• Approval of interim Board meeting minutes from meeting of November 2, 2020
Motion to approve made by Trent Thigpen
Motion to approve seconded by Sharon Bailey Murphy
Minutes approved unanimously
• Discussion and approval of agreement with Coastal Bend Community roundation to receive and
hold and manage funds for Coastal Bend Air Quality Partnership during interim phase
Gretchen briefed the group on the purpose of entering into an agreement with the
Coastal Bend Community Foundation to hold funds. Gretchen informed the group that
CBAQP needs an agreement or process established that can receive and hold funds
while the Partnership is in the transition process and does not yet have the financial
accounts, tools or protocols established to receive, hold and disperse funds. When
attorney Richard Leshin was questioned about how to meet this funding need during
the transition process, he suggested looking at Coastal Bend Community Foundation,
Gretchen contacted Karen Salem; Executive Director of the Coastal Bend Community
Foundation and explained the CBAQP background, transition process and needs. Karen
stated that the Foundation could help with an agreement and shared an agreement that
the Foundation set up for Nueces Counts. Karen went on to share that the CBAQP
strategic plan would suffice for by-laws to attach to the agreement until the CBAQP
bylaws are established and approved. Karen said the Foundation will draw up an
agreement to receive, hold and disperse funds for the CBAQP and would need
information on an agreement signatory and two designated officials cited in the
agreement before the Foundation can develop the agreement. A copy of the example
agreement the Foundation established with Nueces Counts was shared with the CBAQP
interim board. Gretchen shared that it was important to establish the agreement by
December 31. 2020 in order to invoice and receive funds for the Port of Corpus Christi
fiscal year.
o The discussion was opened up for questions. Sharon asked if two signatures were
required for fund disbursement and one signature on the agreement. Gretchen stated
that the agreement needed one signature and the direction to the Foundation would
have two designees. Sarah stated that she thought the agreement should require two
signatures for fund disbursement. Sharon asked what the Foundation gets out of the
agreement and Bob Paulison cited language in the form submitted that stated 1%of the
average annual fund balance is charged by the Foundation. Trent asked what
anticipated fund expenditures might occur before the CBAQP is fully established
and Sarah stated that payment to the Interim Executive Director, Executive Director
search and other expenses may need payment during the transition time.
• Sharon made a motion to establish a 1-year agreement with the Coastal Bend
Community Foundation to receive and hold and manage funds for the Coastal
Bend Air Quality Partnership and that the agreement is to be reviewed and
approved by Richard Leshin prior to Sarah Garza, Coastal Bend Air Quality
Partnership Interim Board Chair signs the agreement.
• Trent seconded the motion.
• The motion unanimously passed.
• Sharon made a motion that Sarah Garza, Coastal Bend Air Quality Partnership
Interim Board Chair be the signatory on the Coastal Bend Community
Foundation agreement and that the authorized representatives cited in the
agreement to provide direction to the Coastal Bend Community Foundation be
Sarah Garza; Interim Chair and Trent Thigpen; Interim Vice-Chair.
• The motion was seconded by Trent
• The motion unanimously passed.
Sarah adjourned the meeting at 5:27 pm
ites approved 'ianimously via email (attached) on December 24, 20 0.
,, iiiI I 2. 0:7 i Oodo
y
A
/ Sharon Bailey Murphy Coastal Bend Air Quality Partnership Interim Secretary Date
1lI
Gretchen Arnold
From: Garza, Sarah <Sarah@pocca.com
Sent: Thursday, December 24, 2020 1-36 PM
To: Sharon Lewis. Thigpen, Trent; gretchen.arnold0
Subject: Re:CBAQP December 22 meeting minutes reviewed and ready for your e-mailed
statement of approval
Approved
Thank you.
Sarah L. Garza
Port of Corpus Christi Authority
Director of Environmental
Planning&Compliance
(361)885-6163 office
(361) 813-0068 cell
From:Gretchen Arnold <gretchen.arnold0@gmail.com>
Sent: Thursday, December 24, 2020 12:12:57 PM
To: Sharon Lewis<sharonl@cctexas.com>; Garza, Sarah<Sarah@pocca corn>; Thigpen, Trent
<trent.thigpen@tamucc.edu>
Subject: CBAQP December 22 meeting minutes reviewed and ready for your e-mailed statement of approval
Good afternoon,CBAQP interim board.
Attached are the minutes from the December 22 CBAQP interim board meeting. The minutes have been reviewed by
each of you and Trent's edits incorporated.
Please email me back your approval of the minutes.
I will then ask Sharon to sign the minutes with the attached emails indicating your approval.
Thank you all—especially for your dedication the day before Christmas!'!!
Gretchen Arnold
From: Thigpen, Trent <trent.th gpen@tamucc.edu>
Sent: Thursday, December 24, 2020 12:31 PM
To: Gretchen Arnold: snaronl@cctexas.com; sarah@pocca.com
Subject: RE:CBAQP December 22 meeting minutes reviewed and ready for your e-mailed
statement of approval
I approve the attached minutes.
Trent Thigpen, M.F.A.
Program Manager
Pollution Prevention Partnership(Pi)
Texas AcS&M University-Corpus Christi
Natural Resources Center, 2200
(361)825-3070 fax(361)825-2384
t(.
cxi1,1 I COMMUNITY OUTREACH
1mr.,it buts,f 100/PIIl\-I 41 KIN r ill,"l MOW
h tp:- outreacht.tamuecsdu'p3
1Tu ixww,autochcck,cc
From:Gretchen Arnold<gretchen.arnold0@gmail.com>
Sent:Thursday, December 24, 2020 12:13 PM
To:sharonl@cctexas.com; sarah@pocca.com;Thigpen,Trent<trent.thigpen@tamucc.edu>
Subject:CBAQP December 22 meeting minutes reviewed and ready for your e-mailed statement of approval
Good afternoon,CBAQP interim board.
Attached are the minutes from the December 22 CBAQP interim board meeting. The minutes have been reviewed by
each of you and Trent's edits incorporated.
Please email me back your approval of the minutes.
I will then ask Sharon to sign the minutes with the attached emails indicating your approval.
Thank you ali—especially for your dedication the day before Christmas!!!!
t
i
Gretchen Arnold
From: Sharon Lewis <SharonL@cctexas corn>
Sent: Thursday, December 24 2020 12:31 PM
To: Gretchen Arnold; Garza, Sarah; trent.thigpen@tamucc.edu
Subject: RE:CBAQP December 22 meeting minutes reviewed and ready for your e-mailed
statement of approval
Gretchen,
Please accept this email as my approval of the CBAQP December 22 . meeting minutes.
Sharon
Sent from Mail for Windows 10
From: Gretchen Arnsid
Sent:Thursday, December 24, 2020 12:13 PM
To:Sharon Lewis; Garza, Sarah; trent.thigpen@tamucc.edu
Subject:CBAQP December 22 meeting minutes reviewed and ready for your e-mailed statement of approval
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reply or open links. If you have any questions or concerns, please contact the Service Desk at
826-3766. Thank you.
Good afternoon,CBAQP interim board.
Attached are the minutes from the December 22 CBAQP interim board meeting. The minutes have been reviewed by i
each of you and Trent's edits incorporated.
ii
Please email me back your approval of the minutes.
I will then ask Sharon to sign the minutes with the attached ernails indicating your approval.
Thank you all—especially for your dedication the day before Christmas!!!!
!ti