Each year the Urban Drainage and Flood Control District selects a consultant to provide meteorological support services to local governments within the District.  Businesses interested in being considered for this program should submit a letter of interest and statement of qualifications to the District.

  Printable version

SAMPLE
AGREEMENT REGARDING THE
PROVISION OF FLASH FLOOD PREDICTION SERVICES

Agreement No. 99-03.____

        THIS AGREEMENT, made this __________ day of ______________, 1999, between the URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT") and ____________________________________, a professional meteorological service (hereinafter called "METEOROLOGIST");
        WITNESSETH THAT:
        WHEREAS, DISTRICT has previously established a work program for 1999 (Resolution No. ____, Series of 1998) which includes providing meteorological services to supplement National Weather Service (NWS) watches and warnings and work with NWS to improve flood warning capabilities; and
        WHEREAS, DISTRICT Board of Directors has authorized 1999 General Fund expenditures to establish an area wide meteorological support service to local governments (Resolution No. ____, Series of 1998); and
        WHEREAS, the above mentioned work program also provides that DISTRICT shall assist local governments in developing, updating and exercising flood detection networks and flood warning plans; and
        WHEREAS, flash flood prediction relies on radar and satellite observations, upper air data, and ground surface measurements; and
        WHEREAS, DISTRICT has purchased a RADAC 2100 color radar and satellite display equipment from Kavouras, Inc. to enhance existing radar and satellite imagery capabilities in the DISTRICT area; and
        WHEREAS, DISTRICT owns and operates ALERT flood detection equipment to monitor rainfall, streamflow and surface weather conditions in real-time; and
        WHEREAS, DISTRICT desires the services of professional meteorologists to utilize the observation equipment to provide flash flood predictions for the DISTRICT area.

NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties hereto agree as follows:

1.    EMPLOYMENT OF METEOROLOGIST

DISTRICT hereby agrees to engage METEOROLOGIST and METEOROLOGIST hereby agrees to perform the services hereinafter set forth.

2.    AREA

METEOROLOGIST shall perform or supply all necessary services provided under this Agreement in connection with and respecting the DISTRICT area and all drainage basins tributary to the DISTRICT area as defined on Attachment No. 1 to this Agreement. In providing such services, special attention shall be given to the populated portions of the DISTRICT.

3    EQUIPMENT TO BE UTILIZED

A.    DISTRICT-Owned Equipment

1. DISTRICT will loan to METEOROLOGIST a Kavouras RADAC 2100 radar and satellite data receiver, color monitor, television and NTSC signal encoder.
2. DISTRICT will provide METEOROLOGIST with appropriate NWS radar data, products, satellite imagery and lightning data through a meteorological services agreement with Kavouras, Inc.
3. DISTRICT will loan to METEOROLOGIST a micro-computer with receiver, decoder, backup power supply and appropriate software to enable real-time displays of available ALERT data.
4. DISTRICT will provide METEOROLOGIST with phone modem access to its ALERT Base Station and Weather Bulletin Board.
5. DISTRICT shall provide two (2) unlisted phone lines to facilitate priority communications with the NWS and local government flood response agencies. These phone lines shall be used exclusively for activities required by this Agreement.

B.    METEOROLOGIST Equipment

1. METEOROLOGIST shall obtain and/or develop the following data:

a.    Surface observations,
b.    Upper air data,
c.    Vertical temperature, moisture and wind profiles,
d.   NOAA Weather Wire information,
e.    Computerized upper air forecasts,
f.     Specialized local analyses,
g.    Specialized weather data networks, as available,
h.    Computer and phone modem for bulletin board service.

C.    METEOROLOGIST shall provide necessary telephone equipment for connecting to the two (2) unlisted phone lines referenced in Paragraph 3.A.5. of the Agreement.

D.    METEOROLOGIST shall maintain or install a fax machine and internal fax card capable of multiple point and graphics product dissemination.

4.    SCOPE OF SERVICES

A.    General. The purpose of this Agreement is to provide flash flood prediction services to the DISTRICT and local governments within the DISTRICT. For the purposes of this Agreement, flash flood means the occurrence of a dangerous rise in water level of a drainageway in a few hours or less caused by heavy rain.

B.    Specific Description of Work Items

1. Continuous Flash Flood Watch.  METEOROLOGIST will provide a meteorological watch (Metwatch) of the entire DISTRICT area and drainage basins tributary to the DISTRICT area for the length of this Agreement. Normal hours for the Metwatch will be from 7:00 a.m. to 10:00 p.m.
   In addition, METEOROLOGIST will provide a 24-hour per day Metwatch, when meteorological conditions require attention outside the normal hours listed above. The Metwatch will be maintained by METEOROLOGIST utilizing the equipment listed in Paragraph 3. of this Agreement and other conventional weather data acquisition equipment at other DISTRICT approved operating locations.
2. Flash Flood Potential Prediction. When weather conditions warrant, METEOROLOGIST will establish and maintain close coordination with the Denver NWS Weather Forecast Office (WFO). METEOROLOGIST will utilize radar, satellite data and other weather observations and any ground data which may be available to develop various levels of predictions of flash flood potential. Predictions must be coordinated with the WFO. In the event of a difference of opinion with the WFO, METEOROLOGIST, after utilizing its best judgment, may issue predictions which differ from those of the WFO. Every effort must be taken to attempt to avoid confusion among the recipients of METEOROLOGIST predictions if those predictions differ from those of the WFO.
3. Dissemination of Predictions. METEOROLOGIST will disseminate its predictions by phone and FAX to the agencies listed below which would be affected by the predictions:
   a.    Boulder Regional Communications Center
   b.    Arapahoe County 911 Emergency Resource Center
   c.     Adams County Communications Center
   d.    Denver Office of Emergency Preparedness (OEP)
   e.     Jefferson County Communications
   f.     Douglas County Sheriff's Department Communications
   g.    Aurora Fire Communications
   h.    Lakewood Police Communications
   i.     Wheat Ridge Police Communications
   j.     Arvada Police 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. DISTRICT and METEOROLOGIST shall jointly prepare a Standard Operating Procedure (SOP) to implement Paragraph 4. of this Agreement.
7. METEOROLOGIST shall transmit daily bulletin board advisories for the general user by 11:00 a.m. containing a Heavy Precipitation Outlook (HPO) using a standard format specified by DISTRICT. Fax communications may also be used for disseminating this advisory statement 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 transmit an Internal Message Status (IMS) report to the bulletin board as specified by DISTRICT when "Messages" are issued to local governments in accordance with the Standard Operating Procedures referred to in Paragraph 4.B.6. of this Agreement. Fax communications may also be used upon request.
10.   METEOROLOGIST shall provide 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 QPF product will be uploaded to the weather bulletin board and transmitted using fax communications. A standard DISTRICT-approved format will be used by METEOROLOGIST.
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 OEP
                - Adams County Communications Center
                - Arapahoe County 911
    Cherry Creek
                - Denver OEP
                - Arapahoe County 911
    Bear Creek
                - Denver OEP
                - Jefferson County Communications
                - Arapahoe County 911.
12.   METEOROLOGIST will 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 will prepare for DISTRICT an end-of-season report which summarizes the degree of success achieved and indicates significant flash flooding events which occurred. This report will be completed and delivered to DISTRICT by 31 December 1999.
14.   METEOROLOGIST shall perform all supplemental services described in Attachment No. 2 to this Agreement.

5.    OPERATIONAL LOCATION

All DISTRICT-owned equipment used in accordance with this Agreement will be operated by METEOROLOGIST from 2480 West 26th Avenue in Denver, Colorado (or suggest alternative operating location).

6.    TIME OF PERFORMANCE

A.    Standard Operating Procedure (SOP).  The SOP required in Paragraph 4.B.6 shall be completed prior to April 15, 1999, shall be signed by the Parties hereto, and 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, 1999, through September 15, 1999.

7.    COMPENSATION

DISTRICT shall compensate METEOROLOGIST for the services described in Paragraph 4.B. according to the following schedule:

8.    METHOD OF PAYMENT

METEOROLOGIST shall receive five (5) monthly payments of _____________. METEOROLOGIST shall submit billings to DISTRICT by the fifth day of each month. DISTRICT shall pay the amount billed upon satisfactory completion of scheduled work items or within twenty (20) days following receipt of such billing, whichever is greater. Payments may be withheld pending completion of work items described in Paragraph 4.B. of this Agreement.

9.    PERSONNEL

A.    METEOROLOGIST represents that it will use only qualified and competent meteorologists in providing the forecast services required herein.
B.    All of the services required by this Agreement shall be performed by personnel under the direction of a qualified meteorologist. None of the services shall be subcontracted without prior approval of DISTRICT.

10.    DIRECTION OF AGREEMENT AND COORDINATION

A.    The Executive Director of the DISTRICT shall be the only individual authorized to redirect the effort or in any way modify or amend the terms of this Agreement.
B.    DISTRICT will appoint a Project Director who shall represent the Executive Director.
C.    METEOROLOGIST will appoint a Project Manager to direct all work under this Agreement.

11.    MAINTENANCE OF EQUIPMENT

A.    DISTRICT-owned equipment is loaned to METEOROLOGIST and remains the property of DISTRICT. METEOROLOGIST shall maintain a safe and secure environment for the equipment and shall be financially responsible for any loss or damage beyond normal wear and tear.
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 procedures contained in the SOP. Normal repair costs and maintenance are the responsibility of DISTRICT.

12.    USE OF EQUIPMENT

The Kavouras RADAC 2100, the NTSC signal encoder, the color monitor, the television, the ALERT base station equipment, and the uninterruptible power supply are loaned to METEOROLOGIST by DISTRICT 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.

13.    TERMINATION OF AGREEMENT

This Agreement may be terminated by DISTRICT or METEOROLOGIST upon thirty (30) days' written notice. In the event of termination, METEOROLOGIST shall be paid for services performed as mutually agreed upon and determined by DISTRICT and METEOROLOGIST, to termination date.

14.    CHANGES

DISTRICT may, from time to time, request changes in the scope of services of METEOROLOGIST. Such changes, including any increase or decrease in the amount of compensation, shall be incorporated in written amendments to this Agreement.

15.    INSURANCE

During the performance of the work defined by this Agreement, the METEOROLOGIST, acting as an independent contractor, shall be solely responsible for procuring and keeping in full force and effect the insurance listed below:

The limits of coverage listed above are as required by DISTRICT. METEOROLOGIST shall evaluate his own 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, his employees, subconsultants, subcontractors, agents, or representatives. METEOROLOGIST may elect not to provide the above-specified coverage for his 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 the 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 the project participant is the DISTRICT.
Certificates of Insurance showing the METEOROLOGIST is carrying the above described insurance shall be provided to the 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 the 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 the METEOROLOGIST.

16.    INDEMNIFICATION

Under this Agreement the project participant is the 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, his employees, subconsultants, subcontractors, agents, or representatives together with any liability accrued by any or all of the above-named on account thereof.

17.    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, which may withhold its consent at its option, with or without reason.

        WHEREFORE, the Parties hereto have caused this instrument to be executed by properly authorized signatories as of the date and year above written.

..... Attachment No. 1 .....

Figure 1 UDFCD Flash Flood Prediction Program Forecast Region and Service Area

..... Attachment No. 2 .....

SUPPLEMENTAL SERVICES

Storm Track Predictions

Storm track products issued by METEOROLOGIST will attempt to depict the aerial coverage of the flooding threat, storm movement, timing and storm size. This product will be prepared using an appropriate map and disseminated via fax. Predicted storm tracks and associated envelopes of storm influence will be plotted on the map in accordance with the SOP. Descriptive text will be included to ensure proper interpretation. This product will be transmitted only when MESSAGES are issued. When appropriate, updates to this product will be issued 30-60 minutes prior to flooding to show refined storm tracks and identify specific drainage basins affected.

Prediction Evaluation Program (PEP)

The Prediction Evaluation Program will evaluate the forecast products offered on MESSAGE days to local government users. All PEP activities will be completed within 48 hours of each MESSAGE day to check the following aspects of the forecast services:

1. The timeliness of MESSAGE issuance (i.e., the operational lead-time of the MESSAGE will be compared to actual event occurrence).

2. The accuracy of the MESSAGE forecast of 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 user ideas to be implemented or tested during the current flood season.