Resolution 1998-230
160 1
RESOLUTION NO. 98 - ~
RESOLUTION AUTlIORIZING THE EXECUTION
AND ACCEPTANCE OF AN AGREEMENT
B~EEN COLLIER COUNTY AND THE
NATIONAL WEATIIER SERVICE (NWS) FOR TilE
TRANSFER OF A NOAA WEA TilER TRANSMITTER
TO NWS UPON INSTALLATION ,\NI>
ACCEPTANCE AS FULLY OPERATIONAL
WII EREAS. the Florida Departmenl of Community AlTai" through the
Emergency Management Prepartdness and Enhancement Trust Fund has made funds
available for the installation of a NOAA Wealher Transmitter; and
WHEREAS. a NOAA Weather Transmitter within Collier County would provide
warning coverage over the western portion of ('oilier County and its c08!ital waters; and
WIIEREAS, lhe National Weal her Service has agreed to upcrate and maintain
this NOAA Wealher Transmitter upon installation and acceptance as being fully
operational;
NOW TIIEREFORE. BE IT RESOLVED BY TilE BOARI> OF COUNTY
COMMISSIONERS OF COLLIER COUNTY FLORIDA that the Board approves the
attached Agreement for the lransfer of a NOAA Weather Transmitter to the National
Weather Service upon its installation and acceptance as fully operational by NWS.
This Resolution adopted after mOlion. second and majority vote
/ ,
Dated
ATTEST
DWIGHT E BROCK. CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By/<-?' -.. ....- .+.:.",.;/--; .
At!e _peputy Clerk
, .~ to Chi/rill'
sl~n4t"rc cn'r. .
BY~~~ 8 ~~~
Barbara 1\ Bc~.. rh ir
Approved as 10 form and legal sufficiency
~V''''i ~.A-
homas C Palmer
Assistant County Attorney
NOAA WEATHER RADIO
TRANSMITTER AGREEMENT
1. PURPOSE
This agreement is entered into by the Collier County, Florida, Board of County
Commissioners (hereinafter referred to as the Cooperator) and the U.S. National Weather
Service ("NWS"), as "Parties," for the purpose of donating a NOAA Weather Radio
("NA,VR") transmitter ~stem by the Cooperator, to the NWS. The NWR transmitter
system will greatly improve communications to the public regarding weather emergencies
in and around Collier County, Florida
The NWS enters this Agreement pursuant to the authority at 15 U.S.C 313 and 15 U.S.C
1525. The rights, duties, responsibilities, terms and conditions of this Agreement are not
transferable or assignable unless through prior written instrument executed by both
Parties. Each Party agrees to use due diligence and exercise good faith in fulfilling all of
its obligations under this agreement.
II. EQUIPMENT PRO(~UREMENT. INSTALLATION AND TRANSFER
The Cooperator agree~ to provide the transmitting and antenna system equipment as
specified by the NWS. The Cooperator is solely responsible for all aspects of equipment
installation. The Cooperator shall install transmitter equipment meeting NWS
specifications. The Cooperator agrees to install only transmitter equipment purchased
from a vendor for whom the NWS can provide necessary maintenance. As of the date of
this agreement, the only vendor for whom the NWS can provide maintenance is INTEC.
Until the system is fully operational and "accepted" in writing by the NWS, it remains the
property of the Cooperator.
The NWS agrees to use the transmitting and antenna system donated by the Cooperator
exclusively for the purpose of providing emergency weather warnings to the general public
as part of the NWR weather warning system Upon acceptance in writing by the NWS to
the Cooperator of the transmitting and antenna system equipment from the Cooperator,
the parties hereby agree that full ownership and operation of the system shall transfer to
the NWS.
Iil. LICENSE AND OPERATING REQUIREMENTS
The NWS will obtain the radio license necessary for the operation of the transmitter(s).
The license shall remain the property and responsibility of the NWS. The Cooperator
agrees to provide all information reasonably required for the license application. The
1691 ':
Cooperator also agrees that broadcast content will originate solely from an authorized
NWS source.
IV. DEFINING SERVICE AREA
The NWS will provide a map showing the area serviced by a signal level of 5
microvolts/meter or more within 90 days after the transmitter(s) are placed in operation.
V. MAINTENANCE
Once the transmitting system donated by the Cooperator is accepted, the NWS shall be
responsible for transmitter maintenance and ensuring the transmitter emissions meet
specifications and that the transmitter(s) operate{s) reliably. The NWS, particularly when
made aware of a Radio Frequency Interference ("RFI") problem, shall be responsible for
providing an immediate technical checkout and repair of the transmitter.
Vl. ACCESS
The Cooperator hereby grants the NWS and its agents access to the radio towers where
the NWS transmitting and antenna system equipment is located to maintain and perform
testing on the equipment, as the NWS determines necessary. This right of access is not
assignable without the prior written consent of the Cooperator. The NWS agrees not to
tamper with any non-NWS transmitter equipment at the tower sites, and the Cooperator
agrees not to tamper with N~VR transmitter equipment at the tower sites, unless requested
to do so by the NWS.
VII. PUBLICITY
The NWS off'ice responsible for the transmitter service and the Cooperator will coordinate
and jointly issue a public announcement covering the new service.
VIII. FINANCIAL RESPONSIO~ILITY
All costs associated with the acquisition and installation of the transmitters and antenna
system and any associated equipment shall be. borne by the Cooperator. Ownership of the
transmitting equipment shall be transferred by the Cooperator to the NWS, as provided
herein. The NWS shall pay, subject to availability of appropriated fi~nds, for maintenance
of the NWR transmitter and antenna, including the installation of communication lines.
IX. AMENDMENTS
This Agreement may be amended or modified at any time only by written mutual consent
of the Parties hereto,
2
X. EFFECTIVE DATE
This agreement is effective as of the last date shown below when signed by both parties
hereto.
FOR COLLIER COUNTY:
B~a~ar~'~; Berry,~hai~ma~> ~
Board of County Commissioners
Date: ' .~ '~
FOR THE N '~ION WEATHER
SERVICE
BY,. ~ - .... ( ~-
X. William Proenza,
Acting Regional Director'
Date: -"/~t
ATTBST:
DWIGHT E. BROCK, CLERK
A .-(Deputy
tte.t as ~o
signature 0nl~.
Approved as to Fornzand Legal Sufficiency
Thomas C. Palmer, Assistant County
Attorney