HomeMy WebLinkAboutContract 49095 CITY SECRETARY ,
CONTRACT N0.
Bryan W.Shaw,Ph.D.,P.E.,Chairman `VE OF
Toby Baker,Commissioner 5
w
Jon Niermann,Commissioner x
Richard A.Hyde,P.E.,Hxecutiue Director
Texas Commission on Environmental Quality
Protecting Texas b))Reducing and Preventing Pollution
Air Monitoring Site Agreement
582-17-74241
City of Port Worth (hereafter the"Licensor") hereby agrees to permit the Texas Commission on
Environmental Quality(hereafter the"Licensee"or the"TCEQ") to locate and operate a
continuous air monitoring station on land owned by the Licensor at 3317 Ross Ave, Fort Worth,
TX, 76106 (the"Property"). In consideration for such permission, the TCEQ shall provide the
Licensor full access, via the TCEQ web pale
(llttp://www17.tceq.texas.gov/tainis/index.cfin?luseaction=report,sile_list), to the monitoring
information gathered by TCEQ from the air monitoring station situated at the Property.The term
of this Agreement is five years from the date this Agreement is executed, and at the end of the
term,this Agreement automatically renews for additional five-year periods thereafter, unless
written Notice of Termination is provided by one of the parties.
1. Equipment Site Locatimi at the Property ("the Site")
The equipment is on seen in Exhibit A,with an address 3317 Ross Ave, !Fort Worth,TX, 76106.
2. Air Monitoring Equipment
The proposed method of monitoring is with a continuous air monitoring system plus auxiliary
equipment, including a 10-meter•weather tower. The station requires approximately 2000 square
feet of ground space covered with a site pad (e.g., six inches of limestone). The equipment is
cnvironmentally controlled and contains instrumentation as deemed appropriate by the TCEQ as
well as peripherals required for the proper operation of the instruments.
3. Provision for Utilities
The TCEQ arranges and pays for phone and electrical installation and service.
4. Occupation of the Station
The* station is normally unmanned, except for routine maintenance visits by TCEQ staff, agents
or contractors (except for visits described under Section 5, "Right of Access")occurring
approximately twice a week.
Fort Worth rlorthwest Air Monitoring Site Agreement
Page Iof4 a �6T 88J'p
MAY 2!Y017 v
OFFICIAL RECORD '3m'OFFo ;
CITY SECRETARY `�,r RINSE�pw�ot, �
582-17-74241
5. Right of Access
The TCEQ, its employees, agents, and equipment service contractors have the right of ingress
and egress to the property, during regular working hours and when issues related to the site arise,
including equipment and utility malfunctions and emergencies,at the direction of the Licensor's
or its staff maintaining or in possession of the property, subject to the Licensor's property
management policies and practices, and not inconsistent with the Licensor's primary use of the
Property and other operations incident thereto.
6. Liability and Indemnity
The TCEQ acknowledges that it is not an agent, servant,or employee of the Licensor, and that it
is responsible for its own acts and deeds and for those of its agents,servants or employees to the
extent provided by the Texas Tort Claims Act, Civ. Rem&Prac. Code' Title 5 Chapter 101
(Vernon's 2000), provided the legislature appropriates funds to satisfy any such claims. Any
provision in this Agreement creating a debt against the State is void ab initio. Further, in no way
do the foregoing declarations waive the State's sovereign immunity.
7. Restoration of Property
The TCEQ shall make reasonable repairs and/or replace any property of the Licensor damaged
by the TCEQ's operations conducted at the Site, to the extent funds are made available by the
Texas Legislature for such purpose. Upon removal of the TCEQ equipment, and at the request of
the Licensor, the TCEQ shall restore the Site 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
such purpose. If the Licensor requests that TCEQ leave any items in place, such as the site pad,
the Licensor will be solely responsible for the items left in place, in the condition that they are
left in place.
S. Equipment to Remain the Property of the TCEQ
All equipment installed at the Site to support TCEQ's air monitoring operations (whether or not
said equipment constitutes a fixture under Texas Property Code)shall remain the properly of the
TCEQ.
9. Notice of Termination
If the Licensor wishes to terminate this Agreement and reclaim possession and use of the Site,
the Licensor shall give the TCEQ 45 days written Notice of Termination. Under such
circumstances, Licensor shall make a reasonable effort to assist TCEQ in locating an alternative
Site in the general vicinity. The TCEQ may also terminate this Agreement upon 30 days written
notice to the Licensor.
10. Removal of Equipment
Within 60 days of receiving Notice of Termination of this Agreement,the TCEQ shall remove
any equipment placed at the Site pursuant to this Agreement.
Kurt Worth Northwest Air Monitoring Site Agreement
Page 2 of
582-17-74241
11. Sovereign Immunity
The Licensor agrees that by entering this Agreement,TCEQ does not waive 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 and limited to the
availability of funds appropriated by the Texas legislature for that respective claim, suit, or
obligation.
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 signed by both of the parties.
IN WITNESS WHEREOF,TCEQ and Licensor have signed this Agreement.
Texas Commission on Environmental Licensor
Quality
By: By:
Zz�l n2L
Signature Signature
Richard C. Chism r;�g
Printed Name Printed Name
Director, Monitoring Division C7iTf
Title Title
s&/ _S11117
Date Signed Date igned
fAI'PROvEm AS TO 11011M AMD LEGALITY:
Fort W est Air tNlonitoring Site Agreement
OF r_70
R age 3 of 4
V '
A steel by:
LOFFICIAL RECORD '1' `
SECRET
WORTHS TX S"" AllimiTldwoll,Assistant to the City Samtory
582-17-74241
Exhibit A: Fort Worth Northwest Site Map
;All
`
4P
Fort North Northwest Air Monitoring Site Agreement
Page 4 of 4
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract,including
ensuring all performance and reporting requirements.
&—V&kN
Name of Employee
Title
This form is N/A as No City Funds ar ss c'ated with this Contract
Printed Name Sign re