HomeMy WebLinkAboutA6631 - DESERT WATER AGENCY - USE OF LAND FOR BI-DIRECTIONAL RADIO ANTENNA MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF PALM SPRINGS AND DESERT WATER AGENCY
�HIS EMORANDU F UNDERSTANDING ("MOU") is entered into and effective this day of
2 )ft by and between the City of Palm Springs, a California charter city and
mumcip�a corporation ("City'),and the Desert Water Agency,a California special district("DWA").
RECITALS
Whereas, the City operates the Palm Springs Police Department ("PSPD") to provide public safety
services to the residents of City;
Whereas,PSPD utilizes radio as a form of communication with officers working in the field;
Whereas,PSPD is currently without radio service at the south end of the City due to the absence of a
radio antenna in the area;
Whereas, DWA owns property at 38725 S. Palm Canyon Drive in the City of Palm Springs, which is
commonly referred to as the Palm Springs South Reservoir Site (the"Site"); and
Whereas, DWA desires to assist PSPD in obtaining radio coverage in the South end of the City by
allowing the City to install an antenna and related equipment at the Site in order to benefit the
community.
NOW,THEREFORE, City and DWA agree as follows:
1. Equipment Installation. DWA will allow City to install and maintain, free of charge, a
radio antenna and related equipment (the "Equipment') at the Site in accordance with the
drawings attached hereto as Exhibit"A" and incorporated herein by reference. City shall be
solely responsible for all costs and expenses related to the installation and removal of
Equipment.
2. Access. DWA will allow City access to the Site for purposes of installation and
maintenance of the Equipment and will provide City with a cyber-key to unlock the gate at
the entrance to the Site.
3. Termination. The Memorandum of Understanding shall continue until terminated by one
or both of the parties. Either party may terminate this Memorandum of Understanding with
or without cause upon sixty (60) days written notice to the other of the date of termination
("Termination Date"). Upon termination by DWA, City shall remove the Equipment from
the Site within ten (10) days of the Termination Date. Equipment not removed within this
period shall be deemed to be abandoned and DWA may dispose of the same in the manner it
deems most appropriate. City shall be solely responsible for the costs of such removal.
4. Indemnification. City shall indemnify, defend, and hold harmless DWA, its elected and
appointed officials, officers, employees and agents, with counsel reasonably acceptable to
DWA, from and against any and all claims, demands, judgments, actions, damages, loss,
penalties,liabilities, costs,and expenses, including reasonable attorneys' fees,arising out of
the City's installation and maintenance of the Equipment at the Site, except to the extent
that such claims, actions, and damages are caused by DWA's control and operation of its
Site. The obligations of the parties under this section shall survive the termination of this
Memorandum of Understanding.
5. Insurance. City shall,as a condition precedent to execution of this MOU by DWA, furnish
to DWA,and at all times during the existence of this MOU maintain in full force and effect,at
its own cost and expense, a general comprehensive liability insurance policy, including but
not limited to coverage for premises operations, explosion and collapse hazard,
underground hazard,contractual insurance,property damage,independent contractors and
personal injury or death in comprehensive from, in protection of DWA, its elected and
appointed officials, officers, boards, commissions, agents and employees, protecting DWA
and all persons against liability for loss or damage for personal injury, death and property
damage,occasioned by the operations of City under this Agreement,with minimum liability
limits of Two Million Dollars ($2,000,000) for personal injury or death of any one person
and Five Million Dollars 000,000,$5 personal injury or death of two or more persons in
( ) for
any one occurrence,and Two Million Dollars ($2,000,000) for damage to property resulting
from any one occurrence. DWA shall be named as an additional insured and such insurance
shall contain a provision that a written notice of cancellation or reduction in coverage of
said policy shall be delivered to DWA at least thirty (30) days in advance of the effective
date thereof. The insurance policy shall contain the following endorsements: (a) naming of
an additional insured shall not affect any recovery to which such additional insured would
be entitled under this policy if not named as such additional insured; and (b) the provisions
of the policy will not be changed, suspended, cancelled or otherwise terminated as to the
interest of the additional insured named herein without first giving such additional insured
thirty(30) days written notice.
6. No Restrictions on DWA's use of the Site. DWA's use of the Site shall not be restricted
or impacted by City's use of the Site for the Equipment.
7. Prohibition Against Assignment of Subletting. City shall not assign or sublet any
portion of the Site or the Equipment to any other party without the prior written consent of
DWA,which consent shall be given in DWA's sole discretion.
8. Notice. Any written notice provided pursuant to this Memorandum of
Understanding, will be made by certified or registered mail, return receipt requested, or
reliable overnight courier and delivered to the following address:
To City: City of Palm Springs
3200 E.Tahquitz Canyon Way
Palm Springs,CA. 92262
ATTN: City Clerk
To DWA: Desert Water Agency
1200 S. Gene Autry Trail
Palm Springs,CA. 92264
Notice shall be deemed to be received three (3) calendar days from the date notice is mailed
in accordance with this section.
9. Amendments: This MOU may only be modified by written agreement of City and
DWA.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed by their
duly authorized officers.
CITY OF PALM SPRINGS
1 Iy APPROVED BYC111ICUiuJCl?
By: I l2.3• l� �D Abb31
David Ready, Ciry
4V�Jlwe
ATTEST
By:
�ames Thompson, City Clerk
APPROVED AS TO FORM:
By:
Douglas/
ouglas . olland,City Att fney
DESERT WATER AGENCY
By: I ,/
Name: Dnyfv 1� • �A�2
Title: (*~& F`�A+JAlof12
EXHIBIT A
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