05/16/2012 Agreement •
DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: May 18, 2012
TO: Chief fames Callahan
Emergency Services
ATTN: Jose Tezanos, Planner
Emergency Management
FROM: Pamela G. Hanco4►/I.C.
At the May 16, 2012, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Item C11 a Broadcast Service Agreement
NWR -SR -FL -004 between the National Oceanic Atmospheric Administration, National Weather
Service, U.S. Department of Commerce and Monroe County, Florida Board of County
Commissioners to participate in the joint support of a NOAA Weather Radio (NWR) network
transmission Tea Table Tower site for broadcast services which include dissemination of critical
storm warnings, meteorological information, and alerts to the public. No county funding is
required.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you
have any questions, please do not hesitate to contact our office.
cc: County Attorney
Finance
File
JOINT PROJECT AGREEMENT
BETWEEN THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
NATIONAL WEATHER SERVICE
U.S. DEPARTMENT OF COMMERCE 44,
AND
MONROE COUNTY, FLORIDA
Agreement No: NWR-SR-FL-004
I. PARTIES
This document constitutes an agreement between the National Oceanic and Atmospheric
Administration's(NOAA)National Weather Service(NWS), United States Department of
Commerce(DOC)and a combined effort with Monroe County, a political subdivision of the
State of Florida,hereafter referred to as "The County."
II. AUTHORITIES
The NWS has the legal authority, with the assistance of The County, to participate in the joint
support of a NOAA Weather Radio All Hazards (NWR)network transmission site for 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 Commerce Department's Joint Project Authority, which
provides 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.
III. PURPOSE
Pursuant to this joint agreement, the parties will support, equip, operate, and maintain a NWR
tower/transmitter site in the Tea Table, Florida area. The parties agree the NWR Station's
primary objective is to meet the need for forecast and warning operations.
This project is necessary and essential to further the mission of the DOC in meeting its objectives
and desired outcomes for which the Department will provide critical storm warnings,
meteorological information and alerts to a segment of at-risk population which is not 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. Federal, state, and local agencies and
jurisdictions 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 local
communities.
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Based on funding allocations,the NWS has determined this project cannot be done without the
participation of"The County." This is due to the costs of the site acquisition,development,
equipping, and annual operation associated with a NWR station, making it prohibitive when
compared to National requirements for selecting at-risk communities. The NWS currently leases
and/or operates over 300 cooperator-run NWR stations out of the 1000+network through similar
cooperator joint project agreements.
IV. MUTUAL INTEREST OF THE PARTIES
This NWR tower/transmitter site, operation, and maintenance is of mutual interest to the parties
because the NWS is able to cover an at-risk portion of the population and marine interests by
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 County
benefits by receiving community/area specific critical warnings, meteorological information,and
alerts which can be used to plan and prepare for potential emergencies and escalation of health
care and disaster services. The local community and surrounding areas benefit from improved
broadcast usability, specific area weather and hazard information, advance time to prepare for
severe weather or evacuate, and improved emergency services during severe weather or hazard
events.
V. RESPONSIBILITIES OF THE PARTIES
A. 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
agrees to provide and install a 300 watt dual transmitter.
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b. The NWS will obtain and maintain 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)remain the property of NWS.
c. The NWS will provide audio programming for the continued operational broadcast of the
station from the NWS Forecast Office at Key West, Florida.
d. The NWS will perform both routine and emergency maintenance on a regular basis, and
will provide notification 24 hours in advance of any scheduled outages.
B. The County agrees to perform the following activities and provide the following resources in
support of the NWR tower/transmitter site operation:
a. The County agrees to provide NWS with a copy of its tower sharing agreement with the
Florida Department of Transportation(FDOT)that includes the provision for ventilated
facilities,protected floor space,antenna mounting space, commercial and emergency
power at the FDOT tower facility located on US Highway 1 at the 79.2 mile marker in
Tea Table Key, Florida.
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b. The County agrees to permit, and ensure via sublease/license if necessary,the NWS and
its employees or representatives to have access to the site as required for emergency and
scheduled maintenance, and continued use of the transmissions site,the tower, and the
transmitter shelter at no cost.
VI. EQUITABLE APPORTIONMENT OF COSTS
The costs of the project are equitably apportioned (Attachment A). Over a five year term of the
Agreement,the NWS' estimated cost is $75,000.00. The County's estimated cost 'in kind' is
$80,000.00. All obligations under this Agreement are subject to the availability of funds.
VII. CONTACTS
Mike Mach Irene Toner
NWR Program Manager Director- Monroe County
National Weather Service Emergency Management
Southern Region Headquarters 1100 Simonton Street
819 Taylor Street Key West, Florida 33040
Fort Worth,Texas 76102 Phone: 305-289-6065
Phone: 817-978-1100 toner-irene@monroecounty-il.gov
Mike.Mach@noaa.gov
.Randy Pierce
Telecommunications Administrator441.
Florida Department of Transportation
2740 Centerview Drive. Suite 3B
Tallahassee, FL 32301 00. _
Phone: 850-410-5608 _
Randv.Pierce(d dot.state.11.us
The parties agree if there is a change regarding the information in this section,the party making
the change will notify the other parties in writing.
VIII. PERIOD OF AGREEMENT AND MODIFICATION/TERMINATION
This Agreement shall be effective on the latter date of signature shown below when executed by
both parties hereto. This Agreement is valid and binding for a period of five years from the
effective date or unless terminated by either party upon 60 days prior written notice. Upon
mutual agreement of both parties, this Agreement is subject to renewal at the end of the five-year
period. In the event this Agreement is terminated, each party shall be solely responsible for the
payment of any expenses it incurred
This Agreement supersedes the Broadcast Service Agreement, dated June 14, 1999.
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IX. OTHER PROVISIONS
Should disagreement arise on the interpretation of the provisions of this Agreement, or
amendments and/or revisions thereto, which 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 DOC 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 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.
X. LIABILITY AND CLAIMS
The Federal Government agrees to promptly consider and adjudicate any and all third-party
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 other legal authority as may be pertinent. The Government 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 :.rsuan o the Federal Employees Compensation Act, 5 U.S.C. § 8101 et seq., or
other such ederal law ,s may be pertinent.
Bill Proenza David Rice .e
Regional Director Mayor
National Weather Service Board of County Commiss: p'
Southern Region Headquarters Monroe County, Florida
819 Taylor Street 1100 Simonton Street ti '"
Fort Worth, Texas 76102 Key West, Florida 33040 tit, ":✓ a
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JOINT PROJECT AGREEMENT
BETWEEN THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
NATIONAL WEATHER SERVICE
U.S. DEPARTMENT OF COMMERCE
AND
MONROE COUNTY, FLORIDA
Agreement No: NWR -SR -FL -004
NWS POC
Mike Mach
Email: mike.machna,noaa.gov
Office: 817.978.1100 x 108
Fax: 817.978.4920
Request expedited clearance by April 16, 2012. Agreement needs to be in place before start of
the hurricane season.
Replaces JPA cleared under folder 31156, which was never signed.
ooa °F C 4.
UNITED STATES DEPARTMENT OF COMMERCE
Gay Office of the General Counsel
Washington, D.C. 20230
s dF
MAR 2 9 2012
MEMORANDUM FOR: Kelly L. Quickie
Director, Office of Decision Coordination and
the Executive Secretariat
National Oceanic and Atmospheric Administration
FROM: Barbara S. Fredericks
Assistant General Counsel
for Administration
SUBJECT: Agreement between the National Oceanic and Atmospheric
Administration, National Weather Service National Weather
Service (NWS) and Monroe County, FL (NOAA Folder ID #12-
023292)
This provides clearance for the attached agreement between the NWS and Monroe County, a
political subdivision of the State of Florida, pursuant to which the parties will support, equip,
operate, and maintain a NOAA Weather Radio All Hazards (NWR) tower/transmitter site.
The purpose of the agreement is to support a NWR network transmission site for the
dissemination of critical storm warnings, meteorological information, and alerts to the public. In
order to facilitate the project, the parties will work together to maintain a NWR towerttransmitter
site in the Tea Table, Florida area. NWS will maintain a license for, and provide and install a
300 watt dual transmitter, provide audio programming for the continued operational broadcast of
the station, perform both routine and emergency maintenance on a regular basis, and provide
notification 24 hours in advance of any scheduled outages. Monroe County will provide the cost
of the NWR station facility, including utility costs, and permit NWS and its employees or
representatives to have access to the site as required for emergency and scheduled
maintenance, and continued use of the transmissions site, the tower, and the transmitter shelter
at no cost. A complete description of each party's contribution is included in Section V of the
agreement.
This agreement is authorized pursuant to the Department of Commerce's Joint Project
Authority, 15 U.S.C. § 1525 (second paragraph), which provides that the Department may enter
into joint projects with nonprofit, research, or public organizations on matters of mutual interest,
the costs of which are equitably apportioned. Monroe County, a public organization, is a proper
project partner. The agreement provides that the parties have a mutual interest because the
NWS will be able to cover an at -risk portion of the population and marine interests by providing
critical warnings and alerts, and the weather and hazard information provided by the NWR site
will improve Monroe County's emergency services during severe weather or hazard events.
The agreement also sets forth the Department's required administrative determinations.
Namely, the project is essential to the agency's mission and the work cannot be done at all, or
as effectively, without the participation of Monroe County, because the costs of the site
acquisition, development, equipping, and annual operation associated with a NWR station make
it prohibitive when compared to National requirements for selecting at -risk communities. The
agreement further provides that the project is necessary and essential to further the mission of
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the Department in meeting its objectives and desired outcomes for providing critical storm
warnings, meteorological information and alerts to an at -risk population that is not adequately
covered by the NWR network. Costs are equitably apportioned as reflected in the budget
attached to the agreement and in the duties of the parties. NWS will contribute $75,000 and
Monroe County will contribute $80,000. All of the parties' costs are in -kind. NWS has
programmatic authority to enter into this agreement pursuant to 15 U.S.C. § 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.
This agreement will become effective when signed by the partners and will remain in effect for
five years.
If you have any questions concerning this matter, please contact John Dearborn of my staff at
202 - 482 -4967.
Attachment