|
|
a. |
Adams
County Communications |
b. |
Arapahoe
County 911 Emergency Resource Center |
c. |
Aurora
Fire Communications |
d. |
Broomfield Police Department Communications |
e. |
Boulder Sheriff's Communications |
f. |
Denver Office of Emergency Management (OEM) |
g. |
Douglas County Sheriff's Department Communications |
h. |
Jefferson County Communications |
METEOROLOGIST
will utilize the following messages to disseminate predictions:
Message
1
- This is an internal alert meant to notify key local officials of the possibility of
flooding later in the day.
Message
2
- This will be used whenever the WFO issues a flash flood watch or when METEOROLOGIST
feels the risk is high that a life-threatening flood may occur. METEOROLOGIST should add additional information
which will be helpful to the local people.
Message
3
- This will be used whenever the WFO issues a flash flood warning or when METEOROLOGIST
feels a life-threatening flood is imminent. METEOROLOGIST
should add additional information which will be helpful to the local people.
Message
Update
- This message allows METEOROLOGIST to update any of the other messages as the situation
changes.
Message
4
- This will be used to cancel the other messages.
4. When weather
conditions warrant, METEOROLOGIST shall provide at least one meteorologist exclusively to
carry out the provisions of Paragraphs 4.B.2 and 4.B.3.
5. At all times when a
flash flood potential exists, METEOROLOGIST shall establish and maintain coordination with
the WFO.
6. PARTIES shall jointly
prepare a Standard Operating Procedure (SOP) to implement Paragraph 4 of this Agreement by
April 15.
7. METEOROLOGIST shall
post daily weather bulletin board advisories at a DISTRICT-approved Internet website for
general use by 11:00 a.m. containing a Heavy Precipitation Outlook (HPO) using a standard
DISTRICT-approved format. Fax communications
may also be used to disseminate this forecast if requested by local officials.
8. METEOROLOGIST shall
update the HPO by 4:00 p.m. on days when weather conditions warrant as determined by
METEOROLOGIST.
9. METEOROLOGIST shall
post a DISTRICT-approved standard Internal Message Status (IMS) report to the Internet
weather bulletin board when "Messages" are issued to local governments in
accordance with the SOP referred to in Paragraph 4.B.6.
Fax communications may also be used upon request.
10. METEOROLOGIST shall prepare a
detailed area-specific Quantitative Precipitation Forecast (QPF) on days when point
rainfall amounts are predicted to exceed 1.5 inches in one hour or less. This DISTRICT-approved standard QPF product will
be posted on the Internet weather bulletin board and may be disseminated using fax
communications upon request.
11. METEOROLOGIST shall also act as a
point of dissemination between the Corps of Engineers and local governments regarding
changes in discharge from Chatfield, Cherry Creek and Bear Creek Reservoirs. The Corps of Engineers will advise METEOROLOGIST
of changes in reservoir discharge. METEOROLOGIST will notify by phone the following county
agencies of these reservoir changes:
Chatfield
- Douglas County Sheriff's Dept. Communications
- Jefferson County Communications
- Denver OEM
- Adams County Communications
- Arapahoe County 911
Cherry Creek
- Denver OEM
- Arapahoe County 911
Bear Creek
- Denver OEM
- Jefferson County Communications
- Arapahoe County 911
12. METEOROLOGIST shall carry out the
jointly agreed upon tasks assigned to it in the following plans:
a. Boulder Creek Flood
Warning Plan,
b. Westerly Creek Flood
Warning Plan,
c. Lena Gulch Flood
Warning Plan,
d. Ralston Creek Flood
Warning Plan,
e. Toll Gate Creek Flood
Warning Plan,
f. Goldsmith
Gulch/Harvard Gulch Flood Warning Plan.
g. Bear Creek Flood
Warning Plan.
13. METEOROLOGIST shall prepare an
end-of-season report that summarizes the degree of success achieved and describes
significant flooding events that occurred.
14. METEOROLOGIST shall perform all
supplemental services described in Attachment No. 2 to this Agreement.
5. OPERATIONAL
LOCATION
DISTRICT
shall provide METEOROLOGIST with access to the FPC located at 2480 West 26th Avenue, Suite
310-B. The office space associated with the
FPC is leased by DISTRICT for the purpose of operating and maintaining DISTRICT-owned
equipment referenced in Paragraph 3.A and for providing meteorological services and
communications associated with this Agreement. METEOROLOGIST
shall occupy the FPC on days when "Messages" are issued to local governments in
accordance with the SOP. METEOROLOGIST may
occupy the FPC at any time to conduct any other activity associated with this Agreement.
6. MAINTENANCE OF
EQUIPMENT
A. DISTRICT-owned equipment is
provided to METEOROLOGIST and remains the property of DISTRICT. METEOROLOGIST shall be financially responsible
for any damage beyond normal wear and tear. METEOROLOGIST
shall not be responsible for providing casualty insurance coverage for DISTRICT-owned
equipment or for any loss normally associated with such coverage.
B. Any malfunction of
DISTRICT-owned equipment shall be reported immediately to DISTRICT. In the event that DISTRICT personnel are not
available, METEOROLOGIST shall institute repairs immediately in accordance with the SOP. Normal repair costs and maintenance are the
responsibility of DISTRICT.
7. USE OF DISTRICT
EQUIPMENT
DISTRICT-owned
equipment described in Paragraph 3.A shall be used by METEOROLOGIST solely for the purpose
of carrying out the scope of services contained in this Agreement. METEOROLOGIST may not use this equipment for any
other client or purpose without prior written consent of DISTRICT. Such consent may include a service charge. Any such service charge will be determined by
DISTRICT at the time written consent is given.
8. COST OF SERVICES
DISTRICT
agrees to pay METEOROLOGIST a sum not to exceed ______________________________________
Dollars ($____________) for all services described herein, subject to the terms and
conditions of Paragraph 9, unless a change in the Scope of Services is approved in
accordance with Paragraph 16.
9. METHOD OF PAYMENT
METEOROLOGIST shall receive five (5) monthly payments of _________________________ Dollars ($________) beginning in May. If billings are received by the 1st of the month, payment shall be by the 25th of the same month. Payments may be withheld pending completion of work items described in Paragraph 4.B of this Agreement. Two Thousand Dollars ($2,000.00) shall be withheld from the final monthly payment until the end-of-season report described in Paragraph 4.B.13 is delivered to DISTRICT.
10. PERSONNEL
A. METEOROLOGIST represents
that it shall use as a minimum the following personnel in performing the services under
this Agreement:
NAME |
RESPONSIBILITY |
|
Project
Manager |
|
Project
Meteorologist |
Any
change in the above personnel must have approval of DISTRICT, which approval shall not be
unreasonably withheld.
B. All of the services required
hereunder, except where specified, shall be performed by METEOROLOGIST's personnel or
METEOROLOGIST's subcontractors and all personnel engaged in the services shall be fully
qualified to perform such services.
C. None of the services covered
by this Agreement, except where specified, shall be subcontracted without the prior
approval of DISTRICT.
11. TIME OF PERFORMANCE
The
Time of Performance is defined as follows:
A. Standard Operating
Procedure (SOP). The SOP required in
Paragraph 4.B.6 shall be completed prior to April 15, shall be signed by PARTIES, and
shall be incorporated herein as if fully set forth in this Agreement.
B. Flood Prediction Services. METEOROLOGIST shall provide the flood prediction
services described in Paragraph 4 for the period from April 15 through September 15.
C. End-of Season Report. METEOROLOGIST shall complete and deliver the
report required in Paragraph 4.B.13 by December 31.
12. DIRECTION OF EFFORT AND
COORDINATION
Notwithstanding
any of the provisions of this Agreement, the Executive Director of DISTRICT will be the
only individual authorized to redirect the effort or in any way amend or modify the terms
of this Agreement. DISTRICT may appoint a
Project Director who shall represent the Executive Director in matters related to PROJECT. All such redirection shall be transmitted in
writing and directed to METEOROLOGIST's Project Manager, and shall be subject to the
provisions of Paragraph 16.
13. OWNERSHIP OF DATA
Ownership,
in paper and electronic form, of all data; maps; drawings; details; documents; special
software; spreadsheets and templates; photographs; and information collected, acquired,
developed, and documented under this Agreement (hereinafter called "DATA") shall
be vested with DISTRICT. METEOROLOGIST may
retain a record copy of such DATA. Should
DISTRICT see fit to make use of DATA assembled under this Agreement for a use not included
under the scope of this Agreement, DISTRICT shall assume all liability for such use and
METEOROLOGIST shall not make claims of liability against DISTRICT for such use.
14. DURATION OF AGREEMENT
The
duration of this Agreement shall be one year.
15. TERMINATION OF AGREEMENT
This
Agreement may be terminated by DISTRICT and/or METEOROLOGIST upon seven (7) days' written
notice. In the event of termination,
METEOROLOGIST shall be paid for services performed to termination date as determined by
DISTRICT. This payment shall be full
satisfaction of all obligations to METEOROLOGIST under this Agreement.
All
DATA shall be surrendered to DISTRICT by METEOROLOGIST before payment is made.
16. CHANGES IN AGREEMENT
DISTRICT
may request changes in the scope of services of METEOROLOGIST. Such changes, including any increase or decrease
in the amount of METEOROLOGIST's compensation and/or time of performance, which are
mutually agreed upon by and among PARTIES shall be incorporated in written amendments to
this Agreement.
17. INSURANCE
During
the performance of the work defined by this Agreement, METEOROLOGIST, acting as an
independent contractor, shall be solely responsible for procuring and keeping in full
force and effect the insurance listed below:
Insurance
|
Minimum
Limits
|
A. Comprehensive General
Liability |
$1,000,000
each occurrence and in the aggregate in combined single limit coverage for bodily injury
and property damage |
B. Professional Liability |
$250,000
each claim and in the aggregate |
C. Automobile Liability |
$600,000
each occurrence in combined single limit coverage for bodily injury and property damage |
D. Workers' Compensation |
|
1. Workers' Compensation |
statutory
limits required by law |
2. Employer's Liability |
statutory
limits required by law |
The
limits of coverage listed above are as required by DISTRICT. METEOROLOGIST shall evaluate individual needs
regarding higher levels of insurance.
Each
type of insurance procured by METEOROLOGIST shall provide coverage for all claims arising
out of, or in connection with, any operations, work, or services performed under this
Agreement by METEOROLOGIST, METEOROLOGIST's employees, subconsultants, subcontractors,
agents, or representatives. METEOROLOGIST may
elect not to provide the above-specified coverage for the subconsultants or
subcontractors. In that event, METEOROLOGIST
shall require that the subconsultants or subcontractors procure and maintain the same
insurance coverage as set forth above. All
PROJECT participants shall be listed as "additionally insured" on all
comprehensive liability insurance policy/certificates and all automobile liability
insurance policy/certificates. Under this
Agreement PROJECT participant is DISTRICT.
Certificates
of Insurance showing METEOROLOGIST is carrying the above-described insurance shall be
provided to DISTRICT at the time of execution of this Agreement. As necessary, certificates of insurance showing
the subconsultants and subcontractors are carrying the above-described insurance shall be
provided to DISTRICT within ten (10) days of beginning work by the subconsultant or
subcontractor pertaining to this Agreement. All
the certificates of insurance shall include language stating that, should the insurance
policy be canceled before its expiration date, the insurance company shall provide 30 days
written notice to DISTRICT. The costs of
insurance shall be considered a part of the overhead costs of METEOROLOGIST.
18. INDEMNIFICATION
Under
this Agreement PROJECT participant is DISTRICT. METEOROLOGIST
shall indemnify and save all PROJECT participants harmless from and against claims,
demands, liabilities, damages, suits, actions, or causes of action including reasonable
attorney's fees and costs which may be brought or asserted against any or all of the above
named on account of, by reason of, or caused by the negligent acts, errors, or omissions
in the performance of the work under this Agreement by METEOROLOGIST, METEOROLOGIST's
employees, subconsultants, subcontractors, agents, or representatives together with any
liability accrued by any or all of the above-named on account thereof.
19. ASSIGNABILITY
This
Agreement is for the expert professional services of the personnel of METEOROLOGIST and is
not assignable, save and except with the consent of DISTRICT, who may withhold its consent
at its option, with or without reason.
20. APPLICABLE LAWS
This
Agreement shall be governed by and construed in accordance with the laws of the State of
Colorado. Venue for any and all legal actions
arising under the Agreement shall lie in the District Court in and for the County of
Denver, State of Colorado.
21. NO DISCRIMINATION IN EMPLOYMENT
In
connection with the performance of work under this Agreement, METEOROLOGIST agrees not to
refuse to hire, discharge, promote or demote, or to discriminate in matters of
compensation against any person otherwise qualified on the basis of race, color, ancestry,
creed, religion, national origin, gender, age, military status, sexual orientation,
marital status, or physical or mental disability and further agrees to insert the
foregoing provision in all subcontracts hereunder. METEOROLOGIST
shall provide a list of subcontractors and which of those subcontractors are Disadvantaged
Business Enterprises (DBE) and the basis for determining or defining the subcontractor as
a DBE. The list shall be submitted prior to
final payment.
22. OTHER PROVISIONS
PARTIES
also agree to the terms and provisions contained in Attachment Nos. 1-2which are made a
part of this Agreement:
WHEREFORE,
PARTIES hereto have caused this instrument to be executed by properly authorized
signatories as of the date and year above written.
METEOROLOGIST
(SEAL)
By
ATTEST:
Title
___________________________________
Date
URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
(SEAL)
By
ATTEST:
Title Executive Director
___________________________________
Date
Figure 1 UDFCD Flash Flood Prediction Program Forecast Region and Service Area
Attachment
No. 2
Agreement
No. 02-01.16
SUPPLEMENTAL SERVICES
Storm Track (ST) Predictions
ST products issued by METEOROLOGIST will attempt to predict the aerial coverage of the flooding threat, storm movement, timing and storm size. The ST will be prepared using an appropriate map, disseminated by fax, and posted at a DISTRICT-approved Internet website. Predicted storm tracks and associated zones of storm influence will be plotted on the map in accordance with the SOP. Descriptive text will be included to ensure proper interpretation. The ST will be prepared only when "Messages" are issued. When appropriate, the ST will be updated 30-60 minutes prior to flooding occurrence to show refined storm tracks and identify specific drainage basins affected.
Prediction Evaluation Program (PEP)
The PEP will assess the usefulness of the forecast products and notifications offered on "Message" days to local governments. All PEP activities will be completed within 48 hours of each "Message-day" to assess the following:
Timeliness of "Message" issuance (i.e., the operational lead-time of the "Messages" will be compared to actual event occurrence).
Accuracy of forecast products (i.e., QPF, location, storm tracks, and associated weather will be compared to actual occurrence to determine false alarm rates, specificity of the forecast and service rendered to the user).
The PEP may allow feasible end-user ideas to be implemented or tested during the current flood season. A brief e-mail will be provided to DISTRICT summarizing PEP findings within 72 hours of each "Message" day or within 72 hours following an extended period of Message-days.