HomeMy WebLinkAboutContract 40497 CITY SECRETARY '
CONTRACT N0,
Bryan W. Shaw, Ph.D., Chairman
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Buddy Garcia,Commissioner rx {
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Carlos Rubinstein, Commissioner
Mark R. Vickery, P.G., Executive Director
Texas Commission on Environmental Quality
Protecting Texas by Reducing and Preventing Pollution
Air Monitoring Site Agreement
City of Fort `]North (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 32.701 1 14 -97.309091 The Berry Street Yard at
3299 Yuma Street Fort Worth TX 76119 (the "Property"). In consideration for such permission,the
TCEQ shall provide the Licensor full access, via the TCEQ web_Rage, 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 is renewable for a five-year term thereafter, upon
agreement by the TCEQ and the Licensor.
1. Equipment Site Location at the Property ("the Site")
At 32.702500, -97.310099 The Berry Street Yard located on the property of the Licensor, with an address
of 3299 Yuma Street Fort North TX 76119.
2. Air Monitoring Equipment 32.702500°, -97.310099°
The proposed method of monitoring is with auxiliary equipment that will require a ground space of
approximately 400 square feet. The site will contain 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 will arrange and pay for phone and electrical installation and service.
4. occupation of the Station
The station will normally be 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.
5. Right of Access
The TCEQ, its employees, agents, and equipment service contractors will have the right of ingress and
egress to the property, during regular working hours, at the direction of the Licensor's 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.
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5. Liability and Indemnity
The TCEQ acknowledges that it is not an agent, servant, or employee of the Licensor, 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. In accordance with the Texas Tort Claims Act, Civ. Rem
& Prac. Code§ 10 l (Vernon's 2000), the TC EQ w I I indeinn ify the Licensor for tort claims arising from
the negligent maintenance or operation of the equipment, provided the legislature appropriates funds to
satisfy such claims. 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 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 darnaged 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, 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.
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 property 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.
lo. Removal of Equipment
Within 50 days of receiving Notice of Termination of this Agreement,the TCEQ shall remove any
equipment placed at the Site pursuant to this Agreement.
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 executed on
behalf of the parties.
IN WITNESS WHEREOF, TCEQ and Licensor have signed this Agreement.
Texas Commission on Environmental Quality Licensor—City of Fort Worth
By: By:
S,
1
Signature Signature
David W. Bower, P.G. Fernando Costa
Printed Name Printed Name
Field operations Support Division Director Assistant City Manager
Title Title
Date Signed Date Signed
Approved as to Form and Legality
By:
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— Signature
'_ono-ract. Author l zatioa
r— Arthur N. Bashor
Printed Name
Assistant City Attorney_
Title
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Marty Hendrix
Printed Name
City Secretary _
Title
M&C
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M&C Review Page 1 of 1
Official s��e of the City of Fort Worth,Texas
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FORT WO RT I I
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 6/15/2010
DATE: 6/1512016 REFERENCE NO.: C-24275 LOG NAME; 52AIRYUMA
CONSENT
CODE: C TYPE: NON-CONSENT PUBLIC NO H
HEARING:
SUBJECT: Authorize the Execution of An Air Monitoring Site Agreement with the Texas Commissio
on Environmental Quality to Install an Air Monitor at 3224 Yuma Street (COUNCIL
DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Air Monitoring Site
Agreement with the Texas Commission on Environmental Quality (TCEQ) to install an air monitor at 3;
Yuma Street.
DISCUSSION:
In response to long term sampling requirements, the Texas Commission on Environmental Quality (T(
requires the use of City property located at 3224 Yuma Street to place and operate a continuous air
monitoring station. Funds for the cost of the installation and operation of the monitoring station will be
directly by the TC E Q.
The site is located in COUNCIL DISTRICT 8.
FISCAL INFORMATIONICERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on C
funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Oficeb Fernando Costa (6122)
Originating Department Head: Brian Boerner (6647)
Additional Information Contact: Brian Boerner (6647)
ATTACHMENTS
yu_m_a sile.pdf
http:/l apps.cfwnet.org/council—packet/mc preview.asp?ID=13705&councildate=6/1512010 6/28/2010