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HomeMy WebLinkAboutContract 25907 CITY CONTRACT NO. 9 AIR MONITORING SITE AGREEMENT The City of Fort Worth hereby agrees to permit the Texas Natural Resource Conservation Commission (TNRCC) to locate and operate a fine particulate matter (PMZ 5) monitoring site at Haws Athletic Center in Fort Worth. The term of this agreement is five years from the date this agreement is executed, and is renewable for a five-year term thereafter, upon agreement by the TNRCC and the City of Fort Worth. 1. Property Location The property site is located at 600 Congress Street, Fort Worth, Texas. 2. Air Monitoring Equipment The proposed method of monitoring is with a Tapered Element Oscillating Microbalance (TEOM) housed in a metal box approximately 4 feet by 3 feet by 7 feet. An area approximately 20 feet by 20 feet will be needed for the placement of the monitor. 3. Provision for Utilities The TNRCC will arrange and pay for fencing, electrical and telephone installation and service. 4. Occupation of the Station The station will be operated by staff from the City of Fort Worth Environmental Management Department under a contract with the TNRCC. The station will be normally unmanned, except for routine maintenance visits by the staff of the TNRCC or its contractor(during regular working hours) occurring approximately twice a week. 5. Right of Access The TNRCC, its employees, agents, and others in association with TNRCC shall have the right of ingress and egress to the property. 6. Liability and Indemnity The TNRCC acknowledges that it is not an agent, servant, or employee of the City of Fort Worth, and that it is responsible, to the extent provided by law, for its own acts and deeds and for those of its agents, servants or employees during the term of this agreement. The law permitting, TNRCC will indemnify the City of Fort Worth for tort claims arising from the negligent maintenance or operation of the equipment, provided the legislature appropriates funds to satisfy such claims. UC", 'lcl� a N`1�tlY1��a However, as restricted by the Texas Constitution, any provision in this agreement creating a debt against the State is void ab initio. Further, in no way does the foregoing declaration waive the State's sovereign immunity. 7. Restoration of Property The TNRCC shall make reasonable repairs and/or replace any property of the City of Fort Worth, damaged by the TNRCC's operations conducted on the property to the extent funds are made available by the Texas Legislature for this purpose. Upon removal and at the request of the City of Fort Worth, the TNRCC shall restore the property to the condition it was in prior to the installation of the monitoring equipment,to the extent funds are made available by the Texas Legislature for this purpose. 8. Removal of Property Any property of the TNRCC permitted to be placed on or kept at the property described above shall be removed within forty-five (45) working days after termination of this agreement. 9. Equipment to Remain Property of the TNRCC All equipment connected or related to the Air Monitoring Station shall remain the property of the TNRCC. 10. Notice to Vacate If the City of Fort Worth wishes to terminate this agreement and reclaim possession and use of the site described in this agreement, the City of Fort Worth shall give the TNRCC thirty (30) days written notice to vacate the site. The City of Fort Worth shall make a reasonable effort to furnish an alternate location to the TNRCC in the area as determined suitable by the City of Fort Worth and agreed to by the TNRCC. The TNRCC may also terminate this agreement upon thirty (30) days written notice to the City of Fort Worth. 11. Sovereign Immunity The City of Fort Worth agrees that by entering into this License Agreement,TNRCC does not wave the State's sovereign immunity relating to suit, liability, and the payment of damages. The parties agree that all claims, suits, or obligations arising under or related to this Agreement are subject to and limited to the availability of funds appropriated by the Texas legislature for that respective claim, suit, or obligation. cc]A\\L V�E(NC 03, D 12. Severability The fact that a particular provision is held under any applicable law to be void or unenforceable in no way affects the validity of other provisions and the Agreement will continue to be binding on both parties. Any provision that is held to be void or unenforceable will be replaced with language that is as close as possible to the intent of the original provision. 13. Entire Agreement This agreement constitutes the entire agreement of the parties as to the subject matter contained herein and may not be changed,modified,discharged,or extended except by written instrument duly executed on behalf of the parties. WITNESS OUR HANDS: TEXAS NATURAL RESOURCE CONSERVATION COMMISSION CITY OF T WORTH Signature of Author ed Representative S g to u d resentative Steve Spaw, P. E. Printed or Typed Name of Representative Printed or Typed Name of Representative L o�/ 9y GtJt>~n��r, Director, Monitoring Operations Division &'aud�f� Title Title Date Date AP auSD as To yaha An LEGALITY:_ -ontract Authorization Assistant C �Attozn�ejv �� A `r: Date M pd') Ci y Secr-etaff 5"1to-00 =r;T, r .• e � r.� ! JLuO