HomeMy WebLinkAboutContract 25908 CITY
~ CON R CT .No.o. o 5
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
Diamond Hill Community Center,North District 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 1701 N. E. 37`h 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,the 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 fixnds to satisfy such claims.
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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.
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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 FORT WORTH
Sig ature of Au ized Representative Sign f Au ori d epr ntative
Steve Spaw, P. E.
Printed or Typed Name of Representative I rinted or Typed Name of Representative
Director, Monitoring Operations DivisionSrs
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