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Home My WebLink About2/4/2004 - STAFF REPORTS (11) — 4f—2t0® DATE: Janaa72T-2004 TO: City Council FROM: Director of Public Works/City Engineer CIMIS WEATHER STATION AGREEMENT RECOMMENDATION: It is recommended that City Council approve a joint agreement between the City of Palm Springs, Desert Water Agency and the University of California Cooperative Extension for a temporary California Irrigation Management Information System (CIMIS) Weather Station at the Wastewater Treatment Plant at a lease payment of$1.00 for the 1 year period. SUMMARY: This agreement will provide approval for the University of California Cooperative Extension to install a temporary CIMIS Weather Station at the Wastewater Treatment Plant for a period of 1 year. All data from the station will be shared with the City. City will be paid one dollar for the 1 year period. BACKGROUND: This past summer the City received a request from the University of California (UC), through the Desert Water Agency (DWA) to temporarily locate a CIMIS Weather Station at the Wastewater Treatment Plant for a period of 1 year. CIMIS is a repository of meteorological data collected at more than 100 stations statewide. The integrated network locates stations at key municipal and agricultural sites. Weather data is collected and transmitted to a central computer in Sacramento. Use of this information can result in accurate, calculated evaporation and transpiration rates, allowing growers to calculate appropriate irrigation levels and ultimately encourage growers to use water budget irrigation scheduling. This efficient water management benefits growers, turf managers, landscape managers and the State as a whole. The Desert Water Agency will be paying UC to operate the station. UC will pay the City the sum of$1 as a fee to use the site for 1 year. Staff recommends that the Council find that the information generated by this proposed station will be of benefit to the City and State, and therefor the nominal fee be accepted. UC has indicated it cannot pay anything more than a nominal fee for the site and will locate elsewhere if the City requires fair market calculations and lease payment. The station is approximately 2 meters high, resembles an antenna on a tripod, and will be located on the grass just north of the secondary clarifiers. US Filter, the plant operators, concurs in the station site. The Planning Dept staff has granted staff approval and indicated that due to the size of the station and its temporary nature, that no Commission approval is required. The City Attorney has approved the Agreement. Staff recommends that Council approve the Agreement, concur in the findings, and authorize the City Manager to execute it. ItA January 21, 2004 Page 2 SUBMITTED: 6(�N avid J Barakian / Director of Public Works/City Engineer APPROVED: David H. Ready City Manager Attachments: 1. Agreement 2. Resolution 3. Site 4. Station RIV.00.TRRNSP.00MM. Fax•909-787-7920 Jan 12 2004 9:14 P.04 AGREEMENT CIMIS WEATHER STATION FALM SPRINGS Agreement regarding placement of CEMS Weather Station at the , City of Palm Springs Wastewater Treatment plant and Reclamation Facility. This Agreement, made this day of 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 CMS (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 locatiot 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 "B". Placement of the Weather Station will be performed 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. 19+3 RIV.CO.TRRNSP.COMM. Fax:909-787-7920 Jan 12 2004 9:15 P.05 5. Researchers will analyze data by sensor and for evapotranspiration at that site and compare it to the CMS Station#75 (located is 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 _._Desert. Researchers a period bf one week for removal following contact with 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 costs incurred(see Attachment"A"). <si ; ) (Title) - Name. University of California Division of Agriculture and Natural Resources Cooperative Extension _General Manager (signed) (Title) Name: Dan M.Ainsworth Desert Water Agency (sd) (Title) — Rome: City of Palm Springs tt.*mwAdyaemnWCNns wewersievo),e 2 RIU.CO.TRRNSP.COMM. Fax:909-787-7920 Jan 12 2004 9:15 P.06 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 [Name of other entity or person: 1, its officers,employees, and agents harmless from and against any and all Lability, loss,expense(including reasonable attomeys'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. [Name of other entity or person: 1 shall defend; ... Indemnity 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 attomeys'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, attomeys'fees,or claims for injury or damages are caused by or result from the negligent or intentional ads or omissions of•[Name of other entity or perr,= . . t,its officers,agents or employees. County Director's Name and Signature: Dat@: County Name- University of Califomis Division of Agriculture&Natural Resouroas Cooperative Extension Authorized Name and Signature of the other entity: Date: USE THIS LANGUAGE To MODIFY AN EYJS71NO CONTRACT/AGREEMENT. l �.a<o* � � oil' Py� r M- ,• �i• ` 1 PWIJ K L r-'s-'�l-+s�-�r1_�9��+i_ -� -�-++1.1 +►__+�i_.r.,a iS�.r a.� +�,�R. . a9 - �� f dew � �aiv,* Wk 6 ` - r.F „>•t!+ ,u;�' �# ;sr w ° -re�'� '�?4�r��'A 9�,,"��v,;'„��5 �-'W '�t're Y., r I l l� 7 RESOLUTION NO OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A LEASE AGREEMENT WITH UNIVERSITY OF CALIFORNIA COOPERATIVE EXTENSION FOR USE OF CERTAIN MUNICIPALLY OWNED REAL PROPERTY TO INSTALL A TEMPORARY WEATHER STATION FOR A PERIOD OF ONE YEAR WHEREAS, the California Irrigation Management Information System (CIMIS) is a statewide network of weather stations operated by the University of California Cooperative Extension; and WHEREAS, CIMIS stations collect hourly solar radiation, wind speed, relative humidity and air temperature; and WHEREAS, information collected through the CIMIS network helps agricultural growers and turf managers administering parks, golf courses and other landscapes to develop water budgets for determining when to irrigate and how much water to apply; and WHEREAS, the University of California Cooperative Extension has submitted a request to install a CIMIS Weather Station at the City's Wastewater Treatment Plant for a period of one (1) year; and WHEREAS, the University of California Cooperative Extension is not able to pay fair market value to lease the site from the City; and WHEREAS, City wishes to make this site available to the University of California Cooperative Extension at a lease rate less than fair market value for a period not to exceed one (1) year; and WHEREAS, the parties recognize that, through a cooperative lease between the City and the California Cooperative Extension for use of the site under the terms herein, valuable metrological information will be collected that will result in improved water management and conservation. NOW THEREFORE, be it resolved that the City Council of the City of Palm Springs, California, does hereby approve the following: SECTION 1. The City Council finds that the University of California Cooperative Extension, which is part of the University of California system, delivers research and educational programs in each of the State's /13 58 counties ranging from farm assistance to resource and nutrition education. SECTION 2. The parties acknowledge that the CIMIS network is a valuable scientific and educational resource and that the information collected through CIMIS provides a wide range of benefits including crop yield and quality improvements, applied water reduction, and improved environmental quality management. SECTION 3. The City Council has determined that a lease of certain municipally owned real property to the University of California Cooperative Extension is appropriate and serves as a direct benefit to the greater community which provides proper consideration for a less than market lease. SECTION 4. The City Manager is authorized to execute a lease agreement with the University of California Cooperative Extension to install a CIMIS Weather Station at the City's Wastewater Treatment Plant at an annual lease payment of $1.00 for a period of one (1) year. ADOPTED this 41h day of February, 2004 AYES: NOES: ABSENT: ABSTAIN: By: City Clerk City Manager Reviewed and approved: