HomeMy WebLinkAbout02/16/1993, C-8 - ASSIGNMENT OF ATMOSPHERICS CLOUD SEEDING AGREEMENT TO COUNTY �Ill�iy�ln' MEETING DATE:
I� uu 1 city of san is osi spo 14-'QS
COUNCIL AGENDA REPORT I NUMI.C_
FROM: John Moss PREPARED BY: Dan Gilmore .
Utilities Director Utilities Engineer.::
SUBJECT: Assignment of Atmospherics Cloud Seeding Agreement to County
CAO RECOMMENDATION:
By motion, approve a County request for the City to assign all provisions of the cloud
seeding agreement with Atmospherics to the County and authorize the Mayor to execute an
agreement.with.the County and Atmospherics completing.this assignment.
DISCUSSION:
Staff has given Atmospherics notice to terminate cloud seeding operations over the Salinas
Reservoir target area, as the reservoir has completely filled. The County desires to continue
with cloud seeding over the Lopez watershed. To accomplish this, the County would like
the agreement between the City and Atmospherics assigned to the County relinquishing any
City involvement or responsibility in the project. By assigning the existing agreement, the
County will save the time and money which would otherwise be required to develop a new
agreement. Cloud seeding operations benefiting County water supply areas will be allowed
to continue uninterrupted.
CONCURRANCE:
The City Attorney has reviewed this report and the attached assignment agreement, and
concurs with its form and content.
FISCAL IMPACT:
There will be no fiscal impact with the assignment of this agreement to the County.
Attachment: Assignment of Contract
ASSIGNMENT OF CONTRACT
BY CITY OF SAN LUIS OBISPO
For due consideration received, the City of San Luis Obispo, California (hereinafter referred to as the
"City"), hereby assigns all of its right, title and interest in and to the contract entered into by and
between the City and Atmospherics Inc. on January 15, 1990. The subject matter of the Contract
is as follows:
Artificial cloud nucleation operations.
A copy of the Contract, as described above is attached to this Assignment.
The effective date of this Assignment shall be February 12, 1993.
By this Assignment, the City assigns to the San Luis Obispo County Flood Control and Water
Conservation District (hereinafter referred to as "District") all of City's duties and obligations of
performance of the Contract.
By accepting this Assignment, the District agrees to assume and perform, as of February 12, 1993,
all duties and obligations that City has under the Contract, as if District had been an original party
to the Contract The District further agrees to indemnify and hold the City harmless, on and after
February 12, 1993, from any further liability for performance or nonperformance of the Contract
1. Time is of the essence of this Assignment.
2. This Assignment and each of its provisions shall be binding on and shall inure to the
benefit of the respective successors and assigns of the parties to this assignment.
3. If any term, provision or application of this Assignment is held invalid or
unenforceable, the remainder of this Assignment and any application of the terms and
provisions shall not be affected thereby, but shall remain valid and enforceable.
4. This Assignment shall be governed by and construed in accordance with the laws of
California.
I
Executed at San Luis Obispo, California, on February _, 1993.
APPROVED AS TO FORM: City of San Luis Obispo
By: Mayor
Jeffrey G.Jorgemn
ARy Aftmoy
Attest:
Clerk of the City of
San Luis Obispo,
California
San Luis Obispo County Flood Control
and Water Conservation District
By:
Attest:
County Clerk
CONSENT TO ASSIGNMENT AND AMENDMENT
BY ATMOSPHERICS INCORPORATED
Atmospherics Incorporated, a California Corporation, (hereinafter referred to as "Consultant'),
hereby consents to the assignment to the San Luis Obispo County Flood Control and Water
Conservation District the aforesaid Contract of January 15, 1990, a copy of which is attached hereto.
Consultant hereby consents to the assignment of the duties of performance under the said
Contract on and after February 12, 1993.
Consultant further agrees to hold the City of San Luis Obispo harmless for any breach of the
Contract occurring on or after February 12, 1993, and thereafter Consultant shall look solely to the
San Luis Obispo County Flood Control and Water Conservation District forperformance of the
Contract.
Consultant further agrees that Paragraph No. 7 to Exhibit A to the said Contract shall be
amended to read as follows:
C� ��3
7. The San Luis Obispo County Flood Control and Water Conservation District ("District")
shall pay to the Consultant for services rendered pursuant to this agreement, from and after
February 12, 1993, and for the remaining term of this agreement not more than the sum:
$30,400 plus consumables used by Consultant between February 13, 1993 and March 31,
1993, in the following increments:
13-20 February 1993: $5,680 + 2/13-20 consumables
21-28 February 1993: 5,860 + 2/21-28 consumables
1-7 March 1993: 41670 + 3/1-7 consumables
8-14 March 1993: 4,670 + 3/8-14 consumables
15-22 March 1993: 4,670 +. 3/15-22 consumables
23-31 March 1993: 4.670 + 3/23-31 consumables
TOTAL: $30,400 +2/13-3/31 consumables
Consumables for the above period are not expected to exceed $12,000, but depend upon
the numbers of seedable storm periods.
Atmospherics Incorporated
By:
Dated: (Title)
CONSENT AND AGREEMENT TO AMENDMENT
BY SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
The San Luis Obispo County Flood Control and Water Conservation District hereby consents
and agrees to the foregoing amendment to Paragraph No. 7 to Exhibit A to the said Contract
attached hereto.
San Luis Obispo County Flood Control
and Water Conservation District
By:
(Title)
Attest:
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