1993 NHWC agreement - National Hydrologic Warning Council

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AGREEMENT TO ESTABLISH A NATIONAL POLICY ADVISORY COUNCIL TO REPRESENT ALERT USERS GROUPS AND SIMILAR ORGANIZATIONS Agreement No. 93-1 This AGREEMENT, made this 22nd day of October , 1993, by and between the ALERT Users Group (hereinafter called "AUG"), a non-profit organization incorporated under the laws of the State of California, and the Southwestern Association of ALERT Systems (hereinafter called "SAAS"), a non-profit organization incorporated under the laws of the State of Texas; WITNESSETH: WHEREAS, ALERT is an acronym which stands for "Automated Local Evaluation in Real-Time"; and WHEREAS, ALERT systems are widely used for early detection of floods and flash floods; and WHEREAS, technologies similar to ALERT exist and are utilized in conjunction with local flood warning systems and other multi-purpose uses; and WHEREAS, AUG and SAAS passed resolutions in 1992 directing their elected officers to negotiate an agreement to establish a council to coordinate national interests in automated early warning systems and provide policy advise to the National Weather Service and other federal agencies; and WHEREAS, the National Weather Service (NWS) is implementing a nation-wide modernization and restructuring plan which will affect how future NWS forecast offices and river forecast centers coordinate operations and share data with ALERT users, emergency managers and others involved with local flood warning programs; and WHEREAS, hydrologic radio frequencies are currently allocated for federal government use; are subject to periodic review by a committee of federal agencies; have recently been impacted by regulatory changes and federal legislation; and have the potential to be approved for other unrelated uses due to competing interests and increased demand upon the entire radio frequency spectrum; and WHEREAS, the Federal Emergency Management Agency (FEMA) has implemented a Community Rating System within the National Flood Insurance Program to credit communities for developing local flood warning programs, resulting in reduced flood insurance rates for property owners; and WHEREAS, the Bureau of Reclamation has developed a program to install flood detection systems and to assist local emergency response authorities accordingly on a number of large high-hazard dams in the western United States; and WHEREAS, the U.S. Army Corps of Engineers provides assistance to many communities in planning, design and implementation of ALERT systems and other automated flood detection equipment but requires that continued system maintenance be funded by the community; and WHEREAS, the Association of State Floodplain Managers has published a report entitled: Terminology and Standards for Community-Level Flood Preparedness Programs which addresses the use of automated data collection networks; and WHEREAS, multi-purpose uses for ALERT and other similar real-time remote sensing technologies are evolving which will benefit many environmental and public safety programs on a national scale. NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the Parties agree as follows: 1. STATEMENT OF PURPOSE The purpose of the ALERT Users National Policy Advisory Council (hereinafter called "COUNCIL") is to provide a focal point for coordinating and addressing existing and proposed legislation, regulations, procedures, policy changes and other activities by federal agencies and national organizations which impact local flood warning programs and/or the continued use of real-time automated hydrologic data collection systems. The COUNCIL will only address matters of national importance which are of common interest to AUG, SAAS and future organizations which may provide COUNCIL representatives in accordance with Paragraph 5. of this Agreement. 2. ORGANIZATION AND RESPONSIBILITIES The COUNCIL shall be organized as follows and be responsible for completing the specified activities: A. COUNCIL shall be initially referred to as the "ALERT Users National Policy Advisory Council." AUG and SAAS may agree to rename the COUNCIL at any time without amending this Agreement. B. AUG and SAAS will provide one representative and select at least one alternate to serve on the COUNCIL. AUG and SAAS may amend their bylaws, as necessary, to provide procedures and terms for COUNCIL appointees. C. COUNCIL shall have a Chairperson to preside at all meetings and have the general powers and duties usually vested in the office of Chairperson and, in addition, will be responsible for preparing all meeting or conference agendas, being the custodian for all permanent records of the COUNCIL including the original Agreement and amendments to the Agreement, and coordinating all COUNCIL activities with AUG and SAAS. The Chairperson shall serve a term of one year at which time the Chair will be assumed by the other users group representative. AUG will Chair the COUNCIL from the date of this Agreement until June 30, 1994, after which, the period of office will be from July 1 through June 30. D. COUNCIL will not levy fees, collect monies or develop an operating budget. AUG or SAAS may approve the use of available funds to assist with COUNCIL related expenses. E. COUNCIL may establish working committees from the active membership of AUG and SAAS. COUNCIL representatives may also serve on existing AUG or SAAS committees. F. COUNCIL shall prepare an annual report by June 30 summarizing COUNCIL activities completed during the previous calendar year. Copies of the annual report will be made available to the membership of AUG and SAAS at their respective annual conferences. G. Meetings of the COUNCIL will coincide with the annual conferences of AUG and SAAS. In addition, telephone conferences or meetings will be conducted on an as-needed basis. AUG or SAAS may request such conferences or meetings at any time. A quorum will require the participation of representatives from both AUG and SAAS, or their alternates.. Appropriate records will be maintained of all COUNCIL related activities. H. All COUNCIL actions must be approved by majority vote of COUNCIL representatives or their alternates. The Chairperson will not have tie-breaking authority. I. Vacancies on the COUNCIL will be filled by appointment as soon as practicable by the users group (AUG or SAAS) responsible for the vacated position. The designated alternate will serve as interim representative will full voting rights until the vacancy is filled. 3. TERMINATION OF AGREEMENT This Agreement may be terminated at any time upon written notice by AUG or SAAS. Should the organizations of AUG or SAAS be dissolved, this Agreement will automatically terminate. 4. AMENDMENTS AUG or SAAS may, from time to time, desire to change the terms of the Agreement or add other parties to this Agreement. Such changes shall be incorporated in written amendments to this Agreement and must be approved by both AUG and SAAS in accordance with their respective bylaws. 5. INCLUDING ADDITIONAL ORGANIZATIONS Other organizations or regional users groups having similar interests may petition AUG or SAAS for representation on the COUNCIL. The addition of a new organization will be accomplished in accordance with Paragraph 4. of this Agreement. All parties must properly execute the written amendment. A copy of this amendment and the original Agreement shall be forwarded to each signatory organization. WHEREFORE, the Parties hereto have caused this instrument to be executed by properly authorized signatories as of the date and year above written. ALERT USERS GROUP Signed by Chris Crompton, AUG President Attested by Ken Swanson, AUG Vice President SOUTHWESTERN ASSOCIATION OF ALERT SYSTEMS Signed by Frank Gutierrez, SAAS President Attested by Kevin Stewart, SAAS Past President At Sixth Annual SAAS Conference in Houston, Texas

AGREEMENT TO ESTABLISH A NATIONAL POLICY
ADVISORY COUNCIL TO REPRESENT ALERT USERS
GROUPS AND SIMILAR ORGANIZATIONS

Agreement No. 93-1

This AGREEMENT, made this 22nd day of October , 1993, by and between the ALERT Users Group (hereinafter called "AUG"), a non-profit organization incorporated under the laws of the State of California, and the Southwestern Association of ALERT Systems (hereinafter called "SAAS"), a non-profit organization incorporated under the laws of the State of Texas;

WITNESSETH:

WHEREAS, ALERT is an acronym which stands for "Automated Local Evaluation in Real-Time"; and

WHEREAS, ALERT systems are widely used for early detection of floods and flash floods; and

WHEREAS, technologies similar to ALERT exist and are utilized in conjunction with local flood warning systems and other multi-purpose uses; and

WHEREAS, AUG and SAAS passed resolutions in 1992 directing their elected officers to negotiate an agreement to establish a council to coordinate national interests in automated early warning systems and provide policy advise to the National Weather Service and other federal agencies; and

WHEREAS, the National Weather Service (NWS) is implementing a nation-wide modernization and restructuring plan which will affect how future NWS forecast offices and river forecast centers coordinate operations and share data with ALERT users, emergency managers and others involved with local flood warning programs; and

WHEREAS, hydrologic radio frequencies are currently allocated for federal government use; are subject to periodic review by a committee of federal agencies; have recently been impacted by regulatory changes and federal legislation; and have the potential to be approved for other unrelated uses due to competing interests and increased demand upon the entire radio frequency spectrum; and

WHEREAS, the Federal Emergency Management Agency (FEMA) has implemented a Community Rating System within the National Flood Insurance Program to credit communities for developing local flood warning programs, resulting in reduced flood insurance rates for property owners; and

WHEREAS, the Bureau of Reclamation has developed a program to install flood detection systems and to assist local emergency response authorities accordingly on a number of large high-hazard dams in the western United States; and

WHEREAS, the U.S. Army Corps of Engineers provides assistance to many communities in planning, design and implementation of ALERT systems and other automated flood detection equipment but requires that continued system maintenance be funded by the community; and

WHEREAS, the Association of State Floodplain Managers has published a report entitled: Terminology and Standards for Community-Level Flood Preparedness Programs which addresses the use of automated data collection networks; and

WHEREAS, multi-purpose uses for ALERT and other similar real-time remote sensing technologies are evolving which will benefit many environmental and public safety programs on a national scale.

NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the Parties agree as follows:

1. STATEMENT OF PURPOSE

The purpose of the ALERT Users National Policy Advisory Council (hereinafter called "COUNCIL") is to provide a focal point for coordinating and addressing existing and proposed legislation, regulations, procedures, policy changes and other activities by federal agencies and national organizations which impact local flood warning programs and/or the continued use of real-time automated hydrologic data collection systems. The COUNCIL will only address matters of national importance which are of common interest to AUG, SAAS and future organizations which may provide COUNCIL representatives in accordance with Paragraph 5. of this Agreement.

2. ORGANIZATION AND RESPONSIBILITIES

The COUNCIL shall be organized as follows and be responsible for completing the specified activities:

A. COUNCIL shall be initially referred to as the "ALERT Users National Policy Advisory Council." AUG and SAAS may agree to rename the COUNCIL at any time without amending this Agreement.

B. AUG and SAAS will provide one representative and select at least one alternate to serve on the COUNCIL. AUG and SAAS may amend their bylaws, as necessary, to provide procedures and terms for COUNCIL appointees.

C. COUNCIL shall have a Chairperson to preside at all meetings and have the general powers and duties usually vested in the office of Chairperson and, in addition, will be responsible for preparing all meeting or conference agendas, being the custodian for all permanent records of the COUNCIL including the original Agreement and amendments to the Agreement, and coordinating all COUNCIL activities with AUG and SAAS. The Chairperson shall serve a term of one year at which time the Chair will be assumed by the other users group representative. AUG will Chair the COUNCIL from the date of this Agreement until June 30, 1994, after which, the period of office will be from July 1 through June 30.

D. COUNCIL will not levy fees, collect monies or develop an operating budget. AUG or SAAS may approve the use of available funds to assist with COUNCIL related expenses.

E. COUNCIL may establish working committees from the active membership of AUG and SAAS. COUNCIL representatives may also serve on existing AUG or SAAS committees.

F. COUNCIL shall prepare an annual report by June 30 summarizing COUNCIL activities completed during the previous calendar year. Copies of the annual report will be made available to the membership of AUG and SAAS at their respective annual conferences.

G. Meetings of the COUNCIL will coincide with the annual conferences of AUG and SAAS. In addition, telephone conferences or meetings will be conducted on an as-needed basis. AUG or SAAS may request such conferences or meetings at any time. A quorum will require the participation of representatives from both AUG and SAAS, or their alternates.. Appropriate records will be maintained of all COUNCIL related activities.

H. All COUNCIL actions must be approved by majority vote of COUNCIL representatives or their alternates. The Chairperson will not have tie-breaking authority.

I. Vacancies on the COUNCIL will be filled by appointment as soon as practicable by the users group (AUG or SAAS) responsible for the vacated position. The designated alternate will serve as interim representative will full voting rights until the vacancy is filled.

3. TERMINATION OF AGREEMENT

This Agreement may be terminated at any time upon written notice by AUG or SAAS. Should the organizations of AUG or SAAS be dissolved, this Agreement will automatically terminate.

4. AMENDMENTS

AUG or SAAS may, from time to time, desire to change the terms of the Agreement or add other parties to this Agreement. Such changes shall be incorporated in written amendments to this Agreement and must be approved by both AUG and SAAS in accordance with their respective bylaws.

5. INCLUDING ADDITIONAL ORGANIZATIONS

Other organizations or regional users groups having similar interests may petition AUG or SAAS for representation on the COUNCIL. The addition of a new organization will be accomplished in accordance with Paragraph 4. of this Agreement. All parties must properly execute the written amendment. A copy of this amendment and the original Agreement shall be forwarded to each signatory organization.

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

ALERT USERS GROUP
Signed by Chris Crompton, AUG President
Attested by Ken Swanson, AUG Vice President

SOUTHWESTERN ASSOCIATION OF ALERT SYSTEMS
Signed by Frank Gutierrez, SAAS President
Attested by Kevin Stewart, SAAS Past President
At Sixth Annual SAAS Conference in Houston, Texas