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Home My WebLink AboutContract 50630 CITY SECRETARY CONTRACT NO. I'Ql Air Monitoring Site Agreement Site Name:Fort Worth Joe.B.Rushing Road TCEQ Contract*:582-18-83108 Air Monitoring Site Agreement Site Name: Fort Worth Joe B. Rushing Road TCEQ Contract #: 582-18-83108 City of Fort Worth(hereafter the"Licensor")hereby agrees to permit the North Texas Commission(hereafter the"Licensee"or the"NIV)to locate and/or operate a continuous air monitoring station on land owned by the Licensor,as described below.In consideration for such permission,the Licensor will have full access,via the TCEQ web page (http://www.tceq.state.tx.us/nav/data/aq-data.html),to the monitoring information gathered by NTC or TCEQ from the air monitoring station situated at the Site. 1. Equipment Site Location at the Property("the Site") The equipment is located on the property of the Licensor at Rolling Hills Park,which is at or near the GPS coordinates of 32.67240560 Latitude and-97.2911T780 Longitude(See Attachment A for map of location),with an address of 2525 Joe B. Rushing Road,76119. 2. Term 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. Notice of termination from NTC does not affect TCEQ's rights and duties or l icensor's rights and duties in relation to TCEQ.Notice of termination from TCEQ does not affect NTCs rights and duties or Licensor's rights and duties in relation to NTC. 3. Air Monitoring Equipment The proposed method of monitoring is with canisters in trailers or traffic boxes and/or a continuous air monitoring system housed in an aluminum utility trailer with metal roof plus auxiliary equipment outside the trailer,including a to-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 trailer is environmentally controlled and contains instrumentation as deemed appropriate by the NTC as well as peripherals required for the proper operation of the instruments.Additional trailers containing air monitors and outside peripherals may also be added within the 2000 square foot site. 4. Provision for Utilities The NTC or its contractors will arrange and pay for phone and electrical installation and service. 5. Occupation of the Station � ' S 910.The station and equipment normally will be unmanned,except for routine maintenance visits by len 0 NTC or its contractors(except for visits described under Section 6,"Right of Ate")occurring approyi ately three times per week. SFo � Page 1 of 6 0FFICIAL RECORD CITY SECRETARY $ �' FT.WORTH,TX Ol 6 Air Monitoring Site Agreement Site Name:Fort Worth Joe.B.Rushing Road TCEQ Contract*:,582-18-83108 6. Right of Access The NTC or its 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,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,of which NTC is on notice. 7. Liability and Indemnity The NTC 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. 8. Restoration of Property The NTC shall make reasonable repairs and/or replace any property of the Licensor damaged by the NTC's operations conducted at the Site.Upon removal of the NTC equipment,and at the request of the Licensor,the NTC shall restore the Site to the condition it was in prior to the installation of the monitoring equipment.If the licensor requests that NTC leave any items in place and NTC agrees to leave the item(s)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. 9. Specific Provisions Regarding TCEQ TCEQ has the option to operate an air monitoring station at the Site(either by installing its own air monitoring station or by taking responsibility for an air monitoring station previously installed and/or operated by NTC or another party subject to this Agreement). If TCEQ exercises this option,TCEQ shall notify Licensor in writing,specifically describing the air monitoring equipment for which TCEQ will be responsible. TCEQ at any time may transfer responsibility for an air monitoring station at the Site to NTC,by either.sending a written notification signed by TCEQ and NTC to Licensor,or permitting NTC to operate the air monitoring station on a regular or routine basis. If and to the extent that TCEQ exercises the option to operate an air monitoring station at the Site,TCEQ has the same rights and duties under this Agreement as NTC,except as follows: 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 1o1(Vernon's 2011),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. 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 its monitoring equipment,to the extent funds are made available by the Texas Legislature for such purpose. If the Licensor requests that TCEQ leave Page 2 of 6 Air Monitoring Site Agreement Site Name: Fort Worth Joe. B. Rushing Road TCEQ Contract#:582-18-83io8 any items in place,such as the site pad,TCEQ shall make reasonable efforts to do so. If items are left in place at the Licensor's request,the Licensor shall be solely responsible for the items left in place,in the condition that they are left in place. 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. io. Rights and Duties of TCEQ Employees,Agents, and Contractors TCEQ's employees,agents,and contractors have the rights of occupation of the station and access. u. Rights and Duties of TCEQ Grantee TCEQ has the option to authorize a TCEQ grantee(other than NTC)to operate an air monitoring station at the Site(either by the grantee installing its own air monitoring station or by assuming responsibility for an air monitoring station previously operated on the Site by NTC,TCEQ,or another party subject to this Agreement). If TCEQ exercises this option,TCEQ shall notify Licensor in a writing specifically identifying the air monitoring station and signed by TCEQ and the grantee. With respect to an air monitoring station that the designated grantee locates and/or operates on the Site(and for which it does not transfer responsibility),or for which it assumes responsibility,the designated grantee has the same rights and duties as NTC has with respect to air monitoring stations that NTC locates and/or operates on the Site,or for which NTC assumes responsibility.If the designated grantee is a governmental entity with sovereign immunity,restrictions on its liability,ability to indemnify,or funding,the entity's sovereign immunity and restrictions shall apply under this Agreement. 12. Equipment Title All equipment installed at the Site by an entity or equipment at the site for which an entity assumes ownership(whether or not said equipment constitutes a fixture under Texas Property Code)shall remain the property of the entity,unless another written agreement states otherwise. 13. Notice of Termination and Removal of Equipment The Licensor may terminate this Agreement as to all parties and designated grantees or individually as to NTC,to TCEQ,or to individual,designated grantees.If the Licensor wishes to terminate this Agreement in total and reclaim possession and use of the Site,or terminate this Agreement as to one or more parties or a designated grantee,the Licensor shall give the Notice of Termination to the entity whose rights and duties are being terminated and provide a copy to entities whose rights and duties are not being terminated.The NTC or TCEQ or a designated grantee each may terminate their own rights and duties under this Agreement by written Notice of Termination to the Licensor.The terminating entity shall provide a copy of the Notice of Termination to entities whose rights and duties are not being terminated.All Notices of Termination are effective on the goth day following the delivery of the Notice of Termination. Page 3 of 6 Air Monitoring Site Agreement Site Name: Fort Worth Joe.B.Rushing Road TCEQ Contract*:582-18-83108 Prior to the goth day following the delivery of the Notice of Termination,the entities to which the Notice applies shall each remove the equipment for which they are responsible. If the rights and duties under this Agreement are terminated as to all entities,licensor shall make a reasonable effort to assist NTC,TCEQ,and designated grantee(if any)in locating an alternative Site in the general vicinity. i4. 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 all of the 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. 15. Legal Construction The provisions of this Agreement are hereby declared covenants running with the Site and are fully binding on all successors,heirs,and assigns of the licensor and NTC who acquire any right,title,or interest in or to the Site or any part thereof.Any person who acquires any right, title,or interest in or to the Site,or any part hereof,thereby agrees and covenants to abide by and fully perform the provisions of this Agreement with respect to the right,title or interest in such Site. 16. 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 all of the parties. Page 4 of 6 Air Monitoring Site Agreement Site Name:Fort Worth Joe. B. Rushing Road TCEQ Contract*:582-18-83108 IN WITNESS WHEREOF,NTC,TCEQ,and Licensor have signed this Agreement. North Texas Corrunission Licensor By: By: Signature Signature Mr.Fernando Qwtg AeA e uutm`�� Printed Name Printed Name Assistant Cit;r i'•ura�+er Ifts; Title Sid Date Signed Texas Coitnnission on Environmental APPR VED AS TO PORI ANA)LEGA TY.- Quality j 1 By: A,t,{ v (j Asowa� ity Attorney4v Signature Printed Name -"' .7v Mary 1. lyb, 'Title Date Signed 1295: Page 5 of G OFFICIAL RECORD CITY SECRETARY ".WORTH,TX Contract Compliance Manager: By signing this document, I acknowledge that I am the person responsible for the monitoring and administration of this contract, Including ensuring all performance and reporting requirements. f i Anthony Williams NAME SIG Environmental Supervisor TITLE D This form is N/A as No City Funds are associated with this Contract Printed Name Signature Scanned by CamScanner