2006/11/28 City Council Resolution (6)RESOLUTION NO. 2006-274
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT WITH
STATE OF CALIFORNIA, DEPARTMENT OF WATER RESOURCES FOR
CALIFORNIA IRRIGATION MANAGEMENT INFORMATION SYSTEM (CIMIS)
WEATHER STATION INSTALLATION ON CITY GOLF COURSE PROPERTY
WHEREAS the City Council adopted Resolution No. 2006 -262 on November 14, 2006
for the purposes of funding equipment and materials of a California Irrigation Management
Information System (CIMIS) weather station.
WHEREAS the City's Water Conservation Program includes activities that seek to
reduce consumption of potable water for irrigation uses.
WHEREAS locating a CIMIS weather station in Rohnert Park will allow the California
Department of Water Resources to gather and supply accurate evapotransporation (Eto)
information to the City and the public, who can then better manage their irrigation water use.
BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby
authorize and approve an agreement by and between State of California Department of Water
Resources, and the City of Rohnert Park, a municipal corporation, for installation of a California
Irrigation Management Information System facilities, appurtenances and incidents.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute this agreement in substantially similar form to the attached agreement for and on
behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 28th day of November , 2006.
ATTEST:
V
City Clerk
CITY OF ROHNERT PARK
Mavor Tam Smith
BREEZE: AYE FLORES: AYE MACKENZIE: AYE VIDAK- MARTINEZ: ABSENT SMITH: AYE
AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0)
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STATE of California DEPARTMENT OF WATER RESOURCES The Resources Agency
Weather Station Name: _
Weather Station Number:
ETo or Climate Station
Date:
PERMIT TO USE LAND FOR CIMIS WEATHER STATION (Land Use Agreement)
This agreement is made on this day of , 20 , by and between the
State of California, Department of Water Resources and the City of Rohnert Park, a
municipal corporation.
Permission is hereby granted by City of Rohnert Park, a municipal corporation, herein
called "LANDOWNER ", to the State of California, Department of Water Resources, herein
called "STATE ", and their agents and contractors, to enter upon and use a portion of
LANDOWNER's property without charge, herein called "SITE ", in the County of Sonoma,
as outlined on the attached map for California Irrigation Management Information System
(CIMIS) facilities, appurtenances, and incidents. This Permit includes permission for
STATE to pass over other portions of LANDOW NER's property not specified herein as may
be necessary for entrance to and exit from SITE, and subject to the following conditions:
STATE will use the SITE for the installation, maintenance and operation of a
computerized weather station to collect weather information necessary for
estimating crop water use under local conditions. This activity is an essential part of
CIMIS, which is a program of the California Department of Water Resources to
provide irrigation management information to California growers and irrigation water
managers. LANDOWNER hereby grants STATE a revocable, non - exclusive right,
during the time that their agreement is in effect and a reasonable period thereafter
for removal of the weather station, to enter upon and use the real property at and
around SITE as necessary for access, installation, removal, operation or
maintenance of the CIMIS station, or to perform any other action contemplated by
this Agreement. This provision gives STATE a license only, and is not intended to
grant real property interest in SITE or its vicinity.
2. SITE will be a well- maintained grassy area with an approximate size of 30 feet by 30
feet. LANDOWNER will maintain this land use configuration for a minimum of five
years. SITE must be exposed to unrestricted wind and sun.
3. LANDOWNER will, at no cost to STATE, provide water for irrigation of SITE. The
irrigation system shall not impact the weather station in any way.
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4. LANDOWNER will be responsible for the installation of a fence around the weather
station if fencing is required. Fenced enclosure shall be a minimum of thirty feet by
thirty feet.
5. LANDOWNER will be responsible for the maintenance of the grass at the SITE,
which will include mowing under the weather station. The grass at the SITE shall be
well irrigated and maintained in a healthy growing condition year round.
6. LANDOWNER will provide all equipment necessary for a complete CIMIS weather
station. All equipment will meet STATE's specifications for CIMIS weather station
equipment. The programming of the -datalogger will be identical to existing
programming used in the CIMIS weather station network. Any exception to the
programming used must be approved by STATE,
7. LANDOWNER will be responsible for the maintenance and repair of the weather
station and will maintain the weather station using STATE maintenance procedures.
STATE will train at least two LANDOWNER personnel on weather station
maintenance procedures. LANDOWNER must use an aspirated psychrometer in
their maintenance program. When requested by LANDOWNER, STATE will help
troubleshoot problems with the weather station. LANDOWNER will be responsible
for the repair or replacement of all weather station equipment and sensors. STATE
will perform normal maintenance visits a minimum of twice each year at random for
quality control. STATE will service the anemometer every six months.
8. STATE may decide in the future to cease operation of certain sensors in the
weather station and /or begin using new and different sensors. If a different sensor
is deemed necessary by STATE, the LANDOWNER will obtain the new sensor
within six (6) months of notification by STATE. The sensor will be installed by
STATE.
9. LANDOWNER will be responsible for the installation and monthly service charges
for telephone service to the weather station.
10. STATE's CIMIS computer will call the weather station automatically every day. The
data will be checked and flagged by the quality control program. ETo will be
calculated and all data (hourly and daily) will be stored in the computer's database.
All data will be public information.
11. STATE will be responsible for the installation of the weather station for operation.
STATE will also be responsible for initial calibration of the weather station, and for
annual ralihratinnc
12. LANDOWNER will provide STATE with any keys necessary, or allow STATE to
place a STATE lock in a chain configuration with existing locks, in order to gain
vehicle access to SITE. STATE and LANDOWNER personnel accessing the SITE
for the purposes of this agreement shall close all gates behind them while visiting
the SITE, as necessary to prevent access by unauthorized persons.
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13. This Agreement shall be effective for a minimum of five years from the date of its
execution. After which, STATE, or LANDOWNER may terminate this permit, by that
party giving thirty (30) days prior written notice to the other party.
14. All costs incurred by STATE for installation, training, troubleshooting, and operation,
and any labor costs incurred by STATE for repair or maintenance of equipment at
the SITE pursuant to this Agreement shall be without cost or charge to
LANDOWNER.
15. LANDOWNER will delegate at least one employee to take one or more of the CIMIS
related courses sponsored by DWR/Cal Poly, as appropriate. Cal Poly, San Luis
Obispo, offers the courses. The most important courses being Landscape Irrigation
Auditor, Water Budgeting for Landscapes, Agricultural Irrigation Evaluation, and
Agwater.
16. STATE and LANDOWNER will exercise reasonable precautions to avoid damage to
people or property..
LANDOWNER shall indemnify, defend and hold STATE and their agencies,
,respective officers, employees and agents harmless from and against any and all
liability, loss, expense, 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 LANDOWNER, its
officers, agent, or employees.
STATE shall indemnify, defend and hold LANDOWNER and their agencies,
respective officers, employees and agents harmless from and against any and all
liability, loss, expense, 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 STATE, its officers,
agents, or employees.
17. Without limiting STATE indemnification provided herein, STATE shall procure and
maintain, throughout the period of this Agreement, the following insurance against injury to
persons or damage to property, which may arise from or in connection with the activities
hereunder of STATE, its agents, employees or subcontractors:
A. General Liability Insurance with a minimum coverage of not less than
$1,000,000 per occurrence for bodily injury, personal injury and property damage. If General
Liability Insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this Agreement or the general aggregate shall be
twice the required occurrence limit.
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B. Automobile Liability Insurance with coverage at least as broad as ISO
Form numbers CA 0001 06 92, Code 1 (any auto) with minimum coverage of not less than
$1,000,000 per accident for bodily injury and property damage for vehicles used in the
performance of this Agreement.
The automotive liability policy is to contain, or be endorsed to contain, the following
provisions:
(1) The City, its officers, elected officials, employees, agents and volunteers,
are to. be covered as insured's with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of the STATE; and with respect to liability arising
out of the work or operations performed by or on behalf of STATE including materials, parts
or Prn iinmPnt fi irni-hed in rnnnertinn with czi wh wnrk. nr nnPratinnc, ThP coverage shall
contain no special limitations on the scope of protection afforded to the City, its officers,
employees, agents and volunteers.
(2) For any claims related to this Agreement, the STATE insurance shall be
primary insurance as respects to the STATE'S liabilities as to the City, its officers, elected
officials, employees, agents and volunteers. Any insurance or self- insurance maintained by
the City, its officers, elected officials, employees, agents and volunteers shall be excess of
the STATE insurance and shall not contribute with it.
C. Worker's Compensation as required by the State of California with coverage
in the statutory amounts and Employer's liability insurance with minimum coverage of not less
than $1,000,000 per accident for bodily injury or disease. The Worker's Compensation policy
is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement,
agrees to waive all rights of subrogation against City, its officers, employees, agents and
volunteers for losses paid under the terms of this policy, which arises from the work
perfor riiCed by ii C STATE. If STATE kas no C".mp ny - ,- c , �'TATC mny oign and file the
I 0` STATE A T E may of I I and iuu u
following certification in lieu of insurance:
'7 am aware of the provisions of California Labor Code Section
3700 which requires every employer to be insured against
liability for workers' compensation or to undertake self - insurance
in accordance with the provisions of that code, and l will comply
with the provisions of that code before commencing with and
during the performance of the work of this contract."
D. STATE shall furnish City with certificates and original endorsements
effecting the required coverage prior to execution of this Agreement by City. The
endorsernenis span oe on forrns provided ray wry. Any ueUUC1lule or selHnsureu
retention shall be disclosed to and approved by City. Each insurance policy shall be
endorsed to state that coverage shall not be canceled by either party, except after thirty
(30) days prior written notice to City by certified mail, return receipt requested, has been
given to the City.
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In Witness whereof, the parties have entered into this Agreement on the date first
hereinabove written.
STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES
Approval Recommended by:
Land Agent
Senior Land Agent
Accepted by:
Title
CITY OF ROHNERT PARK
Stephen Donley, City Manager
City of Rohnert Park
City of Rohnert Park
P.O. Box 1489
Rohnert Park, CA 94927
707 - 588 -2227
Approved as to form:
City Attorney
Attest:
City Clerk
For Inquires:
California Department of Water Resources Per Reso. No. 2006 -274 adopted by the
Central District CIMIS Program City Council on November 28, 2006
3251 S Street, Room D -9
Sacramento, California 95816
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