HomeMy WebLinkAboutWeatherFlow, Inc. - 2019-05-06 t RoVEb 7-0
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• City of Huntington Beach
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File #: 19-450 MEETING DATE: 5/6/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: David A. Segura, Fire Chief
Subject:
Approve and authorize execution of an Agreement with WeatherFlow, Inc. for a Weather
Station located at Lifeguard Tower Zero
Statement of Issue:
This is a request for the City Council to approve the attached agreement with WeatherFlow, Inc. to
install a weather station on Lifeguard Tower Zero and authorize the Fire Chief to execute the
agreement. Approval of this agreement will provide real-time weather information for the Marine
Safety Division, as well as other government agencies.
Financial Impact:
Not applicable.
Recommended Action:
Approve and authorize the Fire Chief and City Attorney to execute the "Site Use Agreement" with
WeatherFlow, Inc. for the installation of a Weather Station at Lifeguard Tower Zero.
Alternative Action(s):
Do not approve the attached agreement and direct staff accordingly.
Analysis:
The City Council is requested to approve the attached site use agreement with WeatherFlow, Inc.
(Attachment 1). They wish to install a weather station consisting of non-penetrating mounting
hardward, instruments, electronics package, and solar panel on Lifeguard Tower Zero.
This installation provides valuable weather readings that are utilized by numerous government
agencies, including Huntington Beach. WeatherFlow, Inc. is a national partner with the National
Weather Service and they have numerous agreements with public agencies to provide locations for
weather flow monitoring equipment. This real time weather information is used by the National
Weather Service to improve weather forecasting. It is a no cost agreement and this installation
alleviates the need for the Marine Safety Division to maintain a weather station. In addition, it will
provide enhanced and more timely water temperature and other vital weather data.
Environmental Status: None
City of Huntington Beach Page 1 of 2 Printed on 5/1/2019
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File #: 19-450 MEETING DATE: 5/6/2019
Strategic Plan Goal:
Enhance and modernize public safety service delivery
Attachment(s):
1. WeatherFlow, Inc. Site Use Agreement
City of Huntington Beach Page 2 of 2 Printed on 5/1/2019
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Weat erF ow
SITE USE AGREEMENT
This Site Use Agreement(the"Agreement")is entered into as of the 28th day of March of
2019 by and between City of Huntington Beach("Host")and WeatherFlow,Inc.,a California based
corporation("WeatherFlow").
WHEREAS, WeatherFlow desires to install a weather station consisting of non-
penetrating mounting hardware, instruments, electronics package, and solar panel on/at
Lifeguard Tower Zero, Huntington Beach Pier, 40 Main Street, Huntington Beach, CA 92648.
NOW THEREFORE,for good and valuable consideration,the receipt and sufficiency of
which are hereby acknowledged,the parties hereby agree as follows:
1. GRANT OF LICENSE TO INSTALL WEATHER STATION
Subject to the requirements, terms, and conditions of this Agreement, WeatherFlow officers,
agents, employees, and subcontractors (collectively,the Installers) are hereby granted a license to
access The Property at such times as they deem appropriate in order to furnish and install,maintain,
test, repair, replace and do work necessary for the complete installation and maintenance of the
Weather Station on The Property. Installers shall be given access to The Property for as such times
as they deem appropriate with 24 hour notice to Host.
2. TERM
The term of this Agreement shall commence as of the date set forth above and shall continue unless
terminated by Host or WeatherFlow. Either party may, in its discretion,terminate this agreement
by giving the other party notice of such termination at least sixty(60)days prior.
3. ACCESS CONSIDERATION; DATA ACCESS
WeatherFlow hereby agrees to provide Host with unfettered access to WeatherFlow data. Host
acknowledges and agrees that data provided by WeatherFlow to Host pursuant to this Agreement
shall remain the sole and exclusive property of WeatherFlow and may not be republished or
redistributed by Host in any other way without the prior written consent of WeatherFlow. The
restriction on the republication or redistribution of WeatherFlow data shall not apply in cases of
emergency(as determined by Host in its reasonable discretion), in which case Host may republish
or redistribute WeatherFlow data, in raw form or otherwise, to others as it deems reasonably
appropriate under the circumstances. In all cases of such republication or redistribution of
WeatherFlow data, Host will promptly notify WeatherFlow of the circumstances of such
republication or redistribution.
4. INDEMNIFICATION
WeatherFlow shall pay and be exclusively responsible for any and all obligations for labor and
materials for which it has contracted, for its rental of any appliance or equipment, and for any
expense it has incurred in connection with the performance of its obligations under this Agreement.
WeatherFlow agrees to use and occupy the Property at its own risk, and Host shall bear no
WeatherFlow, Inc. 108 Whispering Pines, Suite 245, Scotts Valley, CA 95066
ph 831-438-9740 fx 831-438-3561 www.WeatherFlow.com
WeátherFlow
responsibility for any loss or damage to fixtures or other personal property of WeatherFlow,except
for such loss or damage as is caused by Host's negligence,willful act or other misconduct.
WeatherFlow shall indemnify Host from any liability for injury, loss,accident,or actual damage to
any person or property, and from any claims, actions, proceedings and expenses and costs in
connection therewith (including, without limitation reasonable counsel fees, court costs and any
costs of expense of litigation)(i)arising from(a)the omission,fault,willful act,negligence or other
misconduct of WeatherFlow, (b)any use made by WeatherFlow or thing done by WeatherFlow at
the Property not due to the omission, fault,willful act,negligence or other misconduct of Host, or
(ii) resulting from the failure of WeatherFlow to perform and discharge its covenants and
obligations under this Agreement.
5. MODIFICATION,ASSIGNMENT
Except as otherwise provided herein,this Agreement may be amended or modified only by writing
signed by both parties. Except as otherwise expressly provided herein, the provisions of this
Agreement hereof shall inure to the benefit of, and be binding upon, the parties hereto and their
respective successors and assigns.
6. ENTIRE AGREEMENT
This Agreement constitutes the full and entire understanding and agreement between the parties
with regard to the subject matter hereof and no party shall be liable or bound to the other party in
any manner by any oral or written representations,warranties,covenants and agreements except as
specifically set forth herein. Each party expressly represents and warrants that it is not relying on
any oral or written representations,warranties,covenants or agreements outside of this Agreement.
7. SEVERABILITY
In the event one or more of the provisions of this Agreement should,for any reason, be held to be
invalid,illegal or unenforceable in any respect, such invalidity,illegality, or unenforceability shall
not affect any other provisions of this Agreement,and this Agreement shall be construed as if such
invalid, illegal or unenforceable provision had never been contained herein.
8. LEGAL EFFECT
The rights granted to WeatherFlow under this Agreement shall not constitute an easement, lease,
tenancy at will,or other property right,but shall constitute a license to enter the Property and install
and maintain the Weather Station.
9. ADDITIONAL INSTRUMENTATION
Additional instrumentation,including but not limited to water temperature sensors,may be installed
upon mutual consent between parties. WeatherFlow agrees to install said instrumentation and
provide needed maintenance during routine maintenance visits. Host agrees to provide additional
support for these additional instruments. This includes, but is not limited to, providing needed
access and providing needed right-of-way for instrumentation.
WeatherFlow, Inc. 108 Whispering Pines, Suite 245, Scotts Valley, CA 95066
ph 831-438-9740 fx 831-438-3561 www.WeatherFlow.com
WeätherFlow
10. NOTICES
Any and all notices required or permitted to be given either party hereto shall be sufficient if sent
by registered or certified mail,return receipt request to:
In the case of Host: In the case of WeatherFlow:
City of Huntington Beach WeatherFlow,Inc.
Michael Baumgartner Attn:Laurel Robinson
2000 Main Street 108 Whispering Pines, Suite 245
Huntington Beach, CA 92648) Scotts Valley,CA 95066
714-536-5489 (831)438-9742
or to such other address as either party may specify to the other by notice as provided herein.
Notices as provided for herein shall be complete upon receipt.
11. COUNTERPARTS
This Agreement may be executed in any number of counterparts, and delivered by electronic or
facsimile transmission,each of which shall be an original or shall be deemed an original,but all of
which together shall constitute one instrument.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date set forth in the
first paragraph hereof.
WEATHERFLOW INC.
By: 6 > m CIA_
Name:Benjamin M.Miller
Title: Sensor Network Liaison&Chief Operational Meteorologist,Contract Representative
CITY OF HUNTINGTON BEACH
APPROVED AS TO FORM
By:
me: David A. Segura BY:_
Title: Fire Chief,City of Hu ington Beach Ibi Ml+-rkt ` GATES
CITY Of Pia. i riTQN BEACH
WeatherFlow, Inc. 108 Whispering Pines, Suite 245, Scotts Valley, CA 95066
ph 831-438-9740 fx 831-438-3561 www.WeatherFlow.com
WeätherFlow
Exhibit "A"
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PROPOSED WEATHER STATION DESIGN
WeatherFlow, Inc. 108 Whispering Pines, Suite 245, Scotts Valley, CA 95066
ph 831-438-9740 fx 831-438-3561 www.WeatherFlow.com
WeáfherFlow
Exhibit "B"
The weather station is
designed, built, installed, and
maintained by WeatherFlow
with the aim of maximum
collection time in the harsh
marine environment. The
station itself is small and 2.r
completely self-contained.
There are no cables from the
station to ground, and
therefore no grounding issues. w
Power is supplied by a small
lOW solar panel measuring
16.5" x 11" and weighing
1.81bs. Communication from
the site to a central repository
is accomplished through low
power cell transmission.
The station measures wind
speed, wind direction, air
temperature and barometric
pressure. The instruments
include an anemometer-vane,
mounted on a stainless steel
mast fixed to the structure.
The anemometer weighs
1.41bs, and connects to the
data logger along with an air ► ''
temperature sensor and solar ii`
panel. The data logger is
10"x11"x7"and weighs about .
201bs. __
Example of an existing WeatherFlow weather
station at Imperial Beach,CA
WeatherFlow, Inc. 108 Whispering Pines, Suite 245, Scotts Valley, CA 95066
ph 831-438-9740 fx 831-438.3561 www.WeatherFlow.com
�sW.INGT N.
Ao�. ��PP� A7Fp ti463 City of Huntington Beach
c::5. = s -7 2000 Main Street ♦ Huntington Beach, CA 92648
% (714) 536-5227 • www.huntingtonbeachca.gov
cpUN�y'�p��s0 Office of the City Clerk
� Robin Estanislau, City Clerk
May 10, 2019
WeatherFlow, Inc.
Attn: Laurel Robinson
108 Whispering Pines, Suite 245
Scotts Valley, CA 95066
Dear Ms. Robinson:
Enclosed is a fully executed copy of the "WeatherFlow Site Use Agreement" approved
by the Huntington Beach City Council on May 6, 2019.
Sincerely,
trif4L, qdhin14,444)
Robin Estanislau, CMC
City Clerk
RE:ds
Enclosure
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