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HomeMy WebLinkAboutA4826 - DWA UNIVERSITY OF CALIFORNIA WWTP CIMIS WEATHER STATION WASTEWATER RECLAMATION PLANT University of California/DWP CIMIS Weather Station AGREEMENT #4826 AGREEMENT R20826, 2-4-04 CIMIS WEATHER STATION PALM SPRINGS Agreement regarding placement of CIMIS Weather Station at the City of Palm Springs Wastewater Treatment Plant and Reclamation Facility. This Agreement, made this day of ���\��:L 2003, by and between the City of Palm Springs (Hereinafter referred to as "Cooperator"), the University of California Cooperative Extension (Regents of the University of California — hereinafter referred to as "Researchers"), and Desert Water Agency, a Public Agency (hereinafter referred to as "Desert") documents the terms whereby researchers will place a temporary CIMIS (California Irrigation Management Information System) Weather Station at the City of Palm Springs Wastewater Treatment Plant and Reclamation Facility located at 4375 East Mesquite Avenue, Palm Springs, California. In consideration of mutual covenants herein contained, and other good and valuable consideration, the parties agree as follows: 1. Cooperator agrees to provide a location to site a temporary CIMIS Weather Station for a period of approximately one (1) year beginning the date of this agreement, the purpose of which is to develop evapotranspiration estimates for the site. 2. The site will be located in the turf grass area as shown on Attachment "Et". Placement of the Weather Station will be perforn7ed by Researchers in the presence of appropriate Cooperator personnel. The exact location will be mutually agreed upon by all parties at the time of placement. 3. Researcher agrees to pay cooperator an annual lease fee of one dollar ($1.00) for use of the site, at no cost by Cooperator to Desert. Desert, in turn, agrees to pay Researchers an annual amount of six hundred fifty eight dollars ($658.00), for Researchers' operating and administrative costs for the Weather- Station. 4. Access to the research site will be provided on a monthly basis during normal working hours to allow for downloading of data from the Weather Station by Researchers and/or Desert employees. C]IdGGINAL BID P.J.01OR AGfiE&4ENT 5. Researchers will analyze data by sensor and for evapotranspiration at that site and compare it to the CIMIS Station #75 (located in north Indio, California), at the end of the one-year study period. A report of the findings of the Researchers will be written and sent to Cooperator and Desert within 60 days of the completion of the weather data gathering at the site. 6. Installation and removal of the weather station shall be the responsibility of Researchers at no expense to Cooperator or Desert. 7. If Cooperator deems it necessary to remove the weather station prior to the completion of the study period, it shall do so by contacting Desert, who in turn will inform Researchers. Except in cases of emergency, Cooperator will allow Researchers a period of one week for removal following contact with Desert. 8. Neither Cooperator nor Desert shall be responsible for damages to weather station by others, or in cases of acts of God. 9. Researchers will indemnify, defend and hold Cooperator and Desert harmless from any and all claims for damages to property or injuries to persons arising by reason of or in any matter connected with said weather station, pursuant to this Agreement, with such indemnification to include payment of any attorney's fees and court c sts incurred (see Attachment "A"). - .dam Yd ��� �GCLGt��a ��li �771� (Title) Name: " University of California Division of Agriculture and Natural Resources Cooperative Extension General Manager (Signed) (Title) Name: Dan M. Ainsworth Desert Water Agency 1�' it �LL�_ �.� � L✓ ✓'� (Signed) Name: City of Palm Springs APPROVED A6 i u ut�PV, APPROVED 13Y THE CTY (i;0U1V6�;6L 6 e w�smwn-no remensraMIs w,Ak'smWO 01 A 2 Date 49qg ATTACHMENT A Standard Hold Harmless/Indemnification Clause Recognizing Property Owner's Interests While Not Placing Unacceptable Liability on the University of California THE REGENTS OF THE UNIVERSITY OF CALIFORNIA shall defend, indemnify and hold Desert Water Agency and/or City of Palm Springs, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees) or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, its officers, agents or employees. Desert Water Agency and/or City of Palm Springs: shall defend, indemnify and hold THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, its officers, employees and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Desert Water Agency and/or City of Palm Springs, its officers, agents or employees. City, Man �a er's —Name a la ,FpRpyED AS TO FORGE David H. Reacly, _4�� Date: April 19, 2004,/� City's lat0 4Q@w ' Name: Palm Springs University of California KUNED ' THE CITY' Eo'OWWi¢ Division of Agriculture & Natural Resources Cooperative Extension r— 1) Auth�er5zzed-j(Name �-/and-JSignatureof-the-othere�ntity: / ��,a '✓ cf✓��� r. f ��'�'--r=9—t�o' `�d'b'��£r""..._. �y'l�d;�/' j`Gn ���✓�C=;,'f�l�i� "�'�7�I%+t'/Ja✓`Z'�C✓a'���ivJ�iy"r":�'I''YP' Date 2) Authorized Name and Signature of the other entity: Date: USE THIS LANGUAGE TO MODIFY AN EXISTING CONTRACT/AGREEMENT. Attachment "B" City of Palm Springs Wastewater Treatment Plant and Reclamation Facility '+rl I F' •4tft � b � 1 CIMIS Weather Station �- to '=�+sip^ .- ` •r a �� • . fi, .,,,�3._ ".ram .w,,,