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HomeMy WebLinkAboutC10-180 NOAA Weather Radio Transmitter Operation Agreement~~ AGREEMENT FOR THE OPERATIO OF A NOAH WEATHER RADIO TRANS BY A PRIVATE COOPERAT R PENDING DONATION TO THE GO E I. Purpose This agreement sets forth the circumstances under which the Nat na W. the National Oceanic and Atmospheric Administration (NOAA), op Department of Commerce, will use radio transmitters and related uip County. Colorado (hereinafter referred to as the "Cooperator"), to era Radio (NWR) system. This will take place pending the anticipated acc the transmitter and equi ment as don roperty into the NWR system. authorit t t t iti this t under 1 Y y U.S.C. § 4 d t d e under 15 II. The Vi private the tra types U s to Y r~~ ( S) the ided E We e: the of s 313 and 49 522. JWR. The fitters and state and local cceptance of t. However, for f the myriad operate s that compatib 'th other equip e NWS ' t~ds to purchase. The the p e ipment maybe by the t W list of approved sources is completed, however, the private sector would like to make available to the NWS with some assurance that the equipment will, in fact, be e and useful to the NWS and the NWR system. This agreement sets forth the NWS's /concerning acceptance of equipment supplied by the private sector into the NWR Conditions s the NWS establishes the list of approved sources of equipment, it will accept into the NWR n transmitters and related equipment that meet the following conditions: Afi. b-1 Revi~i~n Date: Sept 17, 199.8 ~~a- ~ ~~ ~Yre produced by one of the contract approved vendors or equipment source list); 11rleet the specifications contained in the final between the NWS and its contractors; 1~Ieet NWS installation standards and specifications; Pass a minimum 30 day operational test. If, at the time the NWS finalizes its requirements, the transmitters the Coolerator do not satisfy the criteria set forth above, the Coof (1) If the transmitter and equipment were manufactured by a N ed 'slip a form e the syst et NWS's s. If the ter ip er red by pproved pplier, the a~o 1 ipm anufact approved vendor/ ( do tr equip WS, but, instead, esp y oper tenance of the system op r N t. Under that agreem r ain itte ent and will Once mi q e e 11 have full resvo tv f ion eQU the n would not w The to have at no cost. of the transmitter and equipment, the NWS will execute a Form CD-210, /f Gift or Bequest". The gift is not accepted by the Government until this form has been . All gift acceptances will conform to the requirements of 15 U.S.C. § 1522 and t Administrative Order 203-9, which set forth and govern the authority of the nt of Commerce to accept gifts from the private sector. No transmitters or equipment ~cepted from any entity with which the NWS, or, in cases of gifts valued over $25,000, rtment of Commerce, has a conflict of interest, or where acceptance would cause a le person with knowledge of all the facts relevant to a particular case to question the of agency programs or operations. AG.b Reti~tsicr^ Date: Sept 17, 1)98 real ~tv upoi~'~tra~r and v be ~, the If, during the period of this agreement, the Cooperator acquires matters w resu r create the appearance of a conflict, the terms of this agreement will remain i effect with no tra er of equipment ownership to the NWS until such time as the conflict or pear ict is resolved. If the conflict or appearance of conflict cannot be resole wi n a reasonab time, s determined by the NWS, this agreement will be terminated. The pop rator ptio of executing a standard non-gifted agreement or removing the trans itt fro service. IV. Location The transmitter system covered by this Agreement will be locate at Upper. Castle Communications Site. Colorado, hereinafter referred to as the Ea le NOAA Weathe • Ra The Cooperator agrees that the transmitter system's primary objec 've i o n e NW s needs for forecast and warnings operations and must fit within the eral he e national NWR system. V. The Coop e elte Nation a by the NWS, described o e he acknow understands that the s ntr a the ergo some changes pe s ttach agreement. This ma fy stall rms set forth in section agr e e ble s f equipment installat ner tra S. The Cooper it r th i ing laws and Federa ti re o s to provide a detaile sur The ese fight t th ed tr , asso quipment, and co ation m the ro ing office pri d folio ~ installation and to cond er to a lation will meet the 1 erm ne VI. isense and Operating Requirements Th will obtain a license for the transmitter. The license will remain the property of the N e Cooperator agrees to provide all information required by the NWS for the license ap n. Until the equipment is accepted into the NWS NWR system, the Cooperator agrees to to the transmitter strictly in accordance with the license, and to operate continuously. Br ast content will originate solely from an authorized NWS source. The license will be ca ed upon the termination of this agreement unless ownership of the equipment is transferred to NWS or replaced by a standard non-gift Cooperator agreement. Af. b-3 Re~~ision Date: Sept. 17, 1998 `. The NV~1S reserves the right to perform random checks on the transmitted a an spect the transmitter, antenna, and/or supporting facilities to ensure compli e with the sped i tion and terms of this agreement. The Cooperator agrees to provide acce to tan supporting facilities covered by this agreement within 24 hours of N request. VII. >~Jtilities, Leases, and Communications Services The Cooperator is responsible for all service-related costs for th op ati n of ans itte as long as ~t retains ownership of the transmitter including site leas , p er, and uni atio s links to firing the audio program from the NWS office to the tr mit r. VIII. Defining Service Area The Cooperator agrees to provide the NWS office at Grand unction Col ~trdo'rhich i responsible for producing the audio program service) with a map showi a serv' d by a signal l~veast~ovolts ithin 90 d the transm' into operatiop. IX. The Co 1 a til th ship of the transmi S i to ection XIII. The Co an s performed on the tran r. gre ri ance of the transm' a ar ctions are acted upon t m ica The rator !l~~~to not~GVS ~dentif neve~ansmitter goes off th and ce is a ai a red. ~ The is resp i t t r e s ns. The NWS, part' ly when a a e r q inte re le ,may require the Co to to conduct an immediate technical checkout of the transmitter. If any RFI problem per e Cooperator will shut down the transmitter until the problem is solved. X. Th S office responsible for the transmitter service area and the Cooperator will coordinate an ly issue a public announcement covering the new service. If the service is terminated for any a n, the two agencies will also coordinate a public statement explaining the reason(s) for <~6.b-4 Revi~ion llate: Sept 17, 1998 XI. Government Held Harmless The Cooperator shall hold and save the Government, its officers, on account of any suits or damages of any character whatsoever ~ damages sustained by any person or property by virtue of activiti agreement. XII. Financial Responsibility All costs associated with the installation, operation, and maintenl the time of ownership to the NWS shall be borne by the Coopera for costs incurred under this agreement are limited to those nece~ program at the NWS programming office, and the availability of XIII. Amendments and Termination This agree may also ~ by giving automati NWS, or standard XIV. any other injuries parties. It either party Went is Went to the ~, executes a This a nt the a arties, and shall r in as soo inated under radio .~(.b- Rey ision llate: Sept 17, 1998