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Home My WebLink AboutRES 15-263RESOLUTION NO. 15-263 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a five (5) year Air Monitoring Site Agreement, with an option to renew for a period of five (5) years, between the City of Beaumont and the Texas Commission on Environmental Quality (TCEQ) to permit TCEQ to locate and operate a continuous air monitoring station on land located at 525 Royal Street. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. Bryan W. Shaw, Ph.D., P.E., Chairman PTE 0 Toby Baker, Commissioner w Richard A. Hyde, P.E., Executive Director x Texas Commission on Environmental Quality Protecting Texas by Reducing and Preventing Pollution Air Monitoring Site Agreement 582-16-61669 The City of Beaumont (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 525 Royal Street. Beaumont, TX 77701 (the "Property"). In consideration for such permission, the TCEQ shall provide the Licensor full access, via the TCEQ web page (http://www17.tceq.texas.gov/tamis/index.cfm?fuseaction=report.site_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 Location at the Property ("the Site") The equipment is on the southeast corner of Neches St. and Craig St. seen in Exhibit A, with an address 525 Royal Street. Beaumont, TX 77701. 2. Air Monitoring Equipment The proposed method of monitoring is with a continuous air monitoring system housed in an aluminum shelter, plus auxiliary equipment outside the trailer, including a 4.5 -meter weather tower. The station requires approximately 400 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 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. Beaumont -Royal Air Monitoring Site Agreement Page 1 of 4 EXHIBIT "A" 582-16-61669 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. 8. 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. 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 and restore the site to the condition it was in prior to the installation of the equipment as agreed to above. Beaumont -Royal Air Monitoring Site Agreement Page 2 of 4 582-16-61669 11. Sovereign Immunity The parties agree that by entering into this Agreement sovereign immunity is not being waived by either party as to suit, liability, and/or 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 or the governing body of Licensor 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: Signature Richard C. Chism Printed Name Signature Printed Name Director, Monitoring Division Title Title Date Signed Date Signed Beaumont -Royal Air Monitoring Site Agreement Page 3 of 4 a _ -�\ .moi •J � ' ... � - - eat«e�t ytll'•�►c.`,. >L R yal • .: t� gEm,eti Ave r Sup y Ptffang. r �x TWPWIT 1 _ F;��al :�� 525 Royal St 41 t y7k 9 Y Com unity .... S & S All Occasions ,-- IM Ch T"a U1, , Bryan W. Shaw, Ph.D., P.E., Chairman E Toby Baker, Commissioner w Richard A. Hyde, P.E., Executive Director x Texas Commission on Environmental Quality Protecting Texas by Reducing and Preventing Pollution Air Monitoring Site Agreement 582-16-61669 The City of Beaumont (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 525 Royal Street. Beaumont, TX 77701 (the "Property"). In consideration for such permission, the TCEQ shall provide the Licensor full access, via the TCEO web page (http://wwwl7.tceq.texas.gov/tamis/index.cfm?fuseaction=report.site_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 Location at the Property ("the Site") The equipment is on the southwest comer of Neches St. and Craig St. seen in Exhibit A, with an address 525 Royal Street. Beaumont, TX 77701. 2. Air Monitoring Equipment The proposed method of monitoring is with a continuous air monitoring system housed in an aluminum shelter, plus auxiliary equipment outside the trailer, including a 4.5-meter weather tower. The station requires approximately 400 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 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. Beaumont -Royal Air Monitoring Site Agreement Page 1 of 4 582-16-61669 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. 8. 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. 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 and restore the site to the condition it was in prior to the installation of the equipment as agreed to above. Beaumont -Royal Air Monitoring Site Agreement Page 2 of 4 582-16-61669 11. Sovereign Immunity The parties agree that by entering into this Agreement sovereign immunity is not being waived by either party as to suit, liability, and/or 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 or the governing body of Licensor 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 Quality By: �^ bjt�wlzc ! / �'�_ Signature 1,,vN—Richard C. Chism V Printed Name Director, Monitoring Division Title Date Signed Licensor Signature k % Printed Nam Title Date Signed Beaumont -Royal Air Monitoring Site Agreement Page 3 of 4 F r r ' - ` �yl