HomeMy WebLinkAboutC10-264 NOAA Weather Radio Transmitter MOU •
MEMORANDUM OF AGREEMENT
O G EMENT
BETWEEN THE
NATIONAL WEATHER SERVICE / NOAA
U.S. DEPARTMENT OF COMMERCE
AND
EAGLE COUNTY, COLORADO
Agreement No:
CO-2A
•
I. PARTIES
This document constitutes an agreement between the National Weather Service, National
Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce and
the Eagle County, Colorado, a public entity hereafter referred to as Cooperator, for
establishing improved NOAA Weather Radio All Hazards (NWR) broadcasting services
for Eagle County, Colorado, and the surrounding area.
II. AUTHORITIES
The National Weather Service (NWS) has the legal authority with the assistance of the
Cooperator to participate in the joint establishment of a NWR network transmission site
for broadcast services that include the dissemination of critical storm warnings,
meteorological information and alerts to the public under:
(1) 15 U.S.C. Section 313, the NWS organic authority, which sets forth the duties of
the Secretary of Commerce related to the forecasting of weather, the issuance of
storm warnings, and the distribution of meteorological information.
(2) 15 U.S.C. Section 1525, the Department's Joint Project Authority, which
provides that the Department may enter into joint projects with nonprofit,
research, or public organizations on matters of mutual interest, the cost of which
is equitably apportioned;
NWS Strategic Plan for 2005 -2010 identifies under the "Serve Society's Need for
Weather and Water Information" goal the following desired outcomes:
1. Reduced loss of life, injury, and damage to the economy
2. Better, quicker, and more trusted weather and water information to support
improved decisions
3. Increased satisfaction with quality of weather and water information and services
This joint project meets the following identified objectives:
1. Improve predictability of the onset, duration, and impact of hazardous and severe
weather and water events
2. Increase application and accessibility of weather and water information as the
foundation for creating and leveraging public (i.e., Federal, state, local, tribal),
private, and academic partnerships
III. PURPOSE
Pursuant to this agreement, the parties will establish, equip, operate, and maintain a
NOAA Weather Radio All Hazards (NWR) tower /transmitter site in the Eagle County,
Colorado area.
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This project is necessary and essential to further the mission of the Department in
meeting its objectives and desired outcomes to which the Department will provide critical
storm warnings, meteorological information and alerts to a segment of the at -risk U.S.
population that are either not currently nor adequately covered by the NWR network.
NWS is not funded to provide the necessary infrastructure to cover reduced/sporadic
coverage, remote, fringe or alternative language broadcast areas. State, local agencies
and jurisdictions (herein referred to as Cooperators) have been encouraged to support the
NWS goal through expansion of the NWR broadcast infrastructure. This expansion
consists of establishing, provisioning, operating and maintaining new NWR stations by
purchasing or leasing land, facilities and towers, purchasing transmitters, transmission
equipment, and utilities sufficient to serve and benefit their local communities. This
service can be provided in one of three established methods:
(1) NWR stations purchased and owned by Cooperators may be donated to and
operated and maintained by the NWS; or
(2) Ownership, operation, and maintenance of the NWR station may be retained by
the Cooperator(s) with the NWR providing the audio program for broadcast by
the Cooperator; or
(3) Federal Property: Cooperators, using federal funds (e.g.; federal grant funds) to
purchase hardware for an NWR station. Upon completion of all grant
requirements and award close -out, cooperator will transfer the federal property to
the NWS, for continued operation and maintenance.
This Agreement is using method (3) mentioned above. Cooperator will purchase the
NWR station equipment. Com lete the installation and successfully pass a 30 -day
p Yp Y
performance test. Execute the grant project completion and close -out process; transfer
(grant funded) residual government NWR equipment to the custody of the NWS.
IV. MUTUAL INTEREST OF THE PARTIES
This NOAA Weather Radio All Hazards (NWR) tower /transmitter site establishment,
operation, and maintenance is of mutual interest to the parties because NWS is able to
cover an at -risk portion of rural U.S. population providing critical warnings,
meteorological information, and alerts. The NWR Broadcasting Services covered by this
Agreement will also assist the NWS in carrying out its mission of providing warnings and
forecasts directly to the public to protect life and property. The Cooperator benefits by
receiving community /area specific critical warnings, meteorological information, and
alerts that can be used to plan and prepare for potential emergencies and escalation of
emergency services. The result is that the local community and surrounding areas benefit
from improved broadcast quality, specific area weather and hazard information, advance
times to prepare for severe weather or evacuate and improved emergency services during
severe weather or hazard events.
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V. RESPONSIBILITIES OF THE PARTIES
The NWS agrees to perform the following activities and provide the following resources
in support of the NWR tower /transmitter site establishment, operation, and maintenance:
a. The NWS will obtain a license for the transmitter system and, if necessary, a
license for a radio link between the NWS programming office and the transmitter.
The license(s) will remain the property of the NWS.
b. The NWS will provide the audio program, for the operational broadcast of the
station, including the communications links to bring the audio program from the
NWS office to the transmitter.
c. NWS is responsible for all routine and emergency maintenance of the NWR
station, once transferred.
d. The NWS will authorize, in writing, individuals permitted to come in contact with
any equipment at the NWR Project location.
Cooperator agrees to perform the following activities and provide the following resources
in support of the NWR tower /transmitter site establishment, operation and maintenance:
a. In accordance with the Grant Matching Contribution provisions:
1. Perform all installation and p rovide service- related resources for the new
NWR station, including site space, located at the Upper Castle
Communications Site (Latitude 39 °- 46' -30" N and Longitude - 106 ° -50'-
47" W). This shall include all construction necessary to accept installed
electrical service, including uninterruptible power source.
2. Provide equipment space, tower space and service access, for NWR
equipment and facility use, for a minimum of 15 years.
3. Solely responsible for all aspects of equipment, facility and utility
installation.
b. Support the installation and set -up of NWR telecommunication services by the
NWS office in Grand Junction, Colorado.
c. Agrees to the installation by NWS or its contractor of a Remote Off Air
Monitoring System (ROAMS), including a dial -up pots circuit, in the station
facility to automatically monitor NWR performance and notify the NWS of
system failures.
d. Ensure the site's tower is in compliance with all local zoning laws and Federal
Aviation Administration (FAA) requirements, as appropriate.
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e. Provide timely information for a detailed site survey on forms provided by the
NWS.
f. Agrees to provide all information required by the NWS for the license
application.
g. Provide timely access to any equipment and supporting facilities covered by this
agreement, within 24 hours of NWS request.
Mutually the NWS and the Cooperator agree;
a. That the NWR Broadcasting Services' primary objective is to meet the NWS's
need for forecast and warning operations and that the service must meet the needs
of the overall comprehensive national and state NWS NWR network coverage
plan.
b. To operate the NWR station in conformance with NWS requirements and all
pertinent government regulations. NWS requires 24 hours per day, 7 days per
week operation, and that broadcast content must originate solely from an
authorized NWS source.
c. The NWS office responsible for the transmitter service area and the Cooperator
will coordinate and jointly issue a public announcement regarding the new
service. If the service is terminated for any reason, the parties will also coordinate
a public statement explaining the schedule and reason(s) for the termination.
d. Upon passing the 30 day operational test and grant project completion and close -
out, all residual government equipment shall be transferred to the custody of the
National Weather Service, via a fully actualized Standard Form 122, "Transfer
Order - Excess Personal Property."
e. To enter into a no cost facility and tower lease, independent of this agreement.
VI. EQUITABLE APPORTIONMENT OF COSTS
The costs to establish an NWR station and to provide for recurring costs associated with
the lifetime maintenance and operation of the transmitter equipment are equitably
apportioned. The NWS' estimated costs to supply the programming broadcast and
telecommunications for this project during the five years are 35% of the total costs. The
County's estimated costs for the purchase and installation of equipment, and in -kind
contribution cost is 65 %.
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VII. CONTACTS
Lynn P. Maximuk Barry Smith
Director, Central Region Eagle County Emergency Mgr.
National Weather Service Eagle County
Central Region Headquarters P.O. Box 850
7220 NW 101st Terr. Eagle, CO 81631
Kansas City, MO 64153 Phone: 970- 328 -3545
Phone: 816 268 -3130 Fax: 970 - 328 -8694
Fax: 816- 891 -8362 e-mail:
e -mail: Lynn.Maximuk @noaa.gov barry.smith @eaglecounty.us
The parties agree that if there is a change regarding the information in this section, the
party making the change will notify the other parties in writing of such change.
VIII. PERIOD OF AGREEMENT AND MODIFICATION /TERMINATION
This agreement is effective as of the latest date shown, when signed by all parties, and
shall remain in effect until terminated by any party or for five (5) years after the date of
the latest signature of approval. The parties will review this agreement at least once
every three years to determine whether it should be revised, renewed, or canceled.
This Agreement may be terminated at any time by mutual written consent of all parties,
or terminated unilaterally without cause by any party by giving at least sixty (60)
calendar days advance written notice to the other parties. In the event this Agreement is
terminated, each party shall be solely responsible for the payment of any expenses it has
incurred.
This agreement shall be considered fulfilled and terminated upon the grant project
completion and close -out; a fully actualized Standard Form 122, "Transfer Order -
Excess Personal Property," and an active lease is in place.
IX. OTHER PROVISIONS
Should disagreement arise on the interpretation of the provisions of this agreement, or
amendments and /or revisions thereto, that cannot be resolved at the operating level, the
area(s) of disagreement shall be stated in writing by each party and presented to the other
party for consideration. If agreement on interpretation is not reached within 30 days, the
parties shall forward the written presentation of the disagreement to respective higher
officials for appropriate resolution.
Under the Inspector general Act of 1978, as amended, 5 U.S.0 App. 3, a review of this
agreement may be conducted at any time. The Inspector general of the Department of
Commerce, or any of his or her duly authorized representatives, shall have access to any
pertinent books, documents, papers, and records of the parties to this agreement, whether
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written, printed, recorded, produced, or reproduced by any mechanical, magnetic, or
other process or medium, in order to make audits, inspections, excerpts, transcripts, or
other examinations as authorized by law.
XI. GOVERNMENT HELD HARMLESS
The Cooperator shall hold and save the Government, its officers, agents, and employees,
harmless from liability of any nature or kind, including costs and expenses, for or on
account of any suits or damages of any character whatsoever resulting from injuries or
damages sustained by any person, or persons, or property by virtue of this agreement.
The Federal Government agrees to promptly consider and adjudicate any and all claims
which may arise out of this agreement and to pay for any damage or injury as may be
required by Federal law. Such adjudication will be pursued under the Federal Torts
Claim Act, 28 U.S.C. § 2671 et seq. or such other legal authority as may be pertinent.
The Government also agrees to consider and adjudicate any claims for damage or injury
sustained by NOAA/NWS personnel in the performance of their official duties under the
terms of this Agreement. Such adjudication will be made pursuant to the Federal
Employees Compensation Act, 5 U.S.C. § 8101 et seq. or other such Federal law as may
be pertinent.
XII. FINANCIAL RESPONSIBILITY
All costs associated with the NWR station as described in Section V "Cooperator" shall
be borne by Cooperator. All costs associated with the NWR station as described in
Section V "NWS" shall be borne by the NWS. The NWS' obligations under this
Agreement are subject to the availability of funds.
nn P. Maximuk eith Montag
Director, Central Region Cooperator
Central Region Headquarters Eagle County Manager
National Weather Service, NOAA P.O. Box 850
7220 NW 101st Terr. Eagle, CO 81631
Kansas City, MO 64153
0-3 /427/—
Date D e
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