MEMORANDUM OF AGREEMENT

between

The Environmental Research Laboratories
and
The National Weather Service
of the National Oceanic and Atmospheric Administration

and
The University of Oklahoma

concerning
the Cooperative Institute for Mesoscale Meteorological Studies

June 22, 1995

I. PURPOSE AND SCOPE

A. Introduction

This memorandum reaffirms the 1978 agreement between the University of Oklahoma (University) and the National Oceanic and Atmospheric Administration (NOAA) establishing a Cooperative Institute for Mesoscale Meteorological Studies (CIMMS) to act as a research interface between the organizations, and to assist in the transition of the products of that research into operational procedures or techniques.

B. Purpose of CIMMS

CIMMS is a research institute of the University, and will provide to the cooperating institutions:

1. a means to promote collaborative research on mesoscale meteorological phenomena associated with a wide variety of severe environmental storms, short-range prediction problems, the relation of mesoscale weather systems to regional climate and to processes relevant to climate and possible climate change, and the societal impacts of mesoscale weather systems and regional climate variations;

2. a means to improve the effectiveness of research through close collaboration of the parent institutions; and

3. a center at which scientists working on problems of mutual interest may come together and work advantageously in an environment different from that already provided in the separate Federal and University structures.

C. Scope of CIMMS

CIMMS represents a close research link between NOAA's Environmental Research Laboratories (ERL) and National Weather Service (NWS) and the academic departments of the University with related research programs. The program objectives and activities of CIMMS will be selected to complement the research activities of relevant NOAA/ERL and NOAA/NWS laboratories, centers and offices (principally the National Severe Storms Laboratory [NSSL] at Norman, the Storm Prediction Center [SPC] and the Climate Prediction Center [CPC] of the National Centers for Environmental Prediction [NCEP], and the local NWS Regional and Forecast Offices), and of the University. Participation is also open to other interested NOAA organizational elements. Research in CIMMS may be supported by other public and private organizations.

The CIMMS will establish clearly defined program objectives in identified areas of mutual interest, while avoiding uncoordinated duplication of the activities of the parent organizations. The total research program of the Institute will normally be focused around a limited number of agreed-upon research themes. The selection of program objectives will be developed by the CIMMS Director and Council with the advice and approval of the CIMMS Advisory Board. Specific projects within the scope of approved program objectives or proposals for new program objectives may be initiated internally or at the behest of any of the parent organizations.

Research in CIMMS is presently concentrated in four research themes:

1. basic convective and mesoscale research;
2. forecast improvements;
3. climatic effects of and controls on mesoscale processes; and
4. socio-economic effects of mesoscale weather systems and of regional scale climate variations.

II. REFERENCES AND AUTHORITY

NOAA's authority to support the research anticipated by this memorandum is contained in one or both of the following: The Federal Aviation Act, 49 U.S.C. App. =A7 1463, and the National Climate Program Act 15 U.S.C. =A7 2904. NOAA is authorized to enter into this Memorandum of Agreement pursuant to the Joint Project Authority 15 U.S.C. =A7 1525.

III. SUBSTANCE

A. Structure of the CIMMS

1. Director of CIMMS

The Director, with the advice and assistance of an Advisory Board, a Council, and an Assembly of Fellows, provides scientific leadership to ensure the proper direction and quality of the CIMMS scientific program, and the achievement of its purposes as outlined above. The Director shall be appointed by the Board of Regents as recommended by the President of the University and the Directors of ERL and NWS, who will have considered the recommendations of the CIMMS Advisory Board. The CIMMS Director will be a tenured member of the faculty of the School of Meteorology. The Director, with the advice of the Assembly of Fellows, shall draft such bylaws as are deemed necessary, and submit them for approval by the CIMMS Council. The term for the Director shall normally be five years and is renewable. Appointment of the Director may be terminated by the Board of Regents of the University on the recommendation of the CIMMS Advisory Board.

2. CIMMS Scientific Coordinators for ERL and NWS

The ERL Director and the NWS Director, with approval from the Provost of the University, will appoint CIMMS Scientific Coordinators for their respective organizations. The Scientific Coordinators will work closely with the CIMMS Director, and will act as the principal points of contact on both scientific collaborations and administrative matters among the NOAA groups working with CIMMS. The appointments of the Scientific Coordinators may be terminated on the recommendation of the CIMMS Director with concurrence of the Provost and either the ERL or NWS Director.

3. Scientific Staff of CIMMS

The staff of CIMMS includes the following.

a. Fellows who are scientists of established national or international standing who hold regular teaching or research faculty appointments at the University of Oklahoma, or who are employees of NOAA. A few Fellows may also be chosen from faculty at other Universities as obvious collaborations arise. Fellows can be either resident (located at CIMMS) or non-resident.

b. Visiting Fellows who are scientists of outstanding promise or accomplishment selected by the Council under the Visiting Fellowship Program. The selection is based on scholarly criteria and is not restricted to United States citizens.

c. Senior Research Scientists, Research Scientists, Research Associates, and Scientific Programmers who are scientific staff with qualifications specified in the University of Oklahoma Faculty and Staff Handbook. Generally, Research Scientists hold Ph.D.s, and Research Associates have completed Master's degrees.

d. Students who are appointed as Graduate Research Assistants, or hired as hourly employees.

4. The Advisory Board

An Advisory Board, chosen with the advice and consent of the Fellows, ERL, NWS, and the University, will provide advice on new and existing scientific program areas, and will serve in a review and advisory capacity on budgetary and administrative matters.

Membership of the Advisory Board consists of the following senior administrators from the University, NOAA, and other research agencies:

(a) Dean of the College of Geosciences, Chair.
(b) Provost of the University.
(c) University Vice President for Research.
(d) Director of the School of Meteorology (SOM).
(e) Director of the Oklahoma Climatological Survey (OCS).
(f) Director of the Environmental Research Laboratories (ERL).
(g) Director of the National Severe Storms Laboratory (NSSL).
(h) Director of the National Centers for Environmental Prediction (NCEP).
(i) A NWS Regional Director (designated by the NWS Director).
(j) Four to six Members At Large invited by the Director of CIMMS in consultation with the Council.
(k) Director of the CIMMS, ex officio.
(l) CIMMS Scientific Coordinators, ex officio.

The Board may modify or expand its composition as appropriate to changing needs. Members of the Advisory Board should be well qualified to evaluate the program of the CIMMS, to judge performance, and to make appropriate suggestions for change. Members At Large may be from either U.S. or foreign institutions; their appointments are usually for three years, and are renewable. If requested, the CIMMS Council will submit a slate of nominations for new members or additions to the Advisory Board.

The complete Board will meet regularly to review and comment upon CIMMS programs, administration, and budget. Other meetings of the complete Board may be called by the Chair, by the Provost, by the Directors of ERL or NWS, or by a majority of the members.

5. The Council

The Council will meet regularly to provide advice and recommendations to the Director of CIMMS regarding appointments, procedures, and policies; to review and adopt bylaws; and to periodically review the accomplishments and progress of the technical and scientific programs and projects of the CIMMS. The Council's advice should not be viewed as binding on the Director relative to any recommendations that might be carried forward to the Advisory Board.

Membership of the Council consists of representatives and senior scientists from the University and NOAA:

(a) Three Members designated by the Provost of the University with the concurrence of the CIMMS and SOM Directors and the Dean of Geosciences.
(b) Two Members appointed by the ERL Director with the concurrence of the CIMMS and NSSL Directors.
(c) Two Members designated by the NWS Director with the concurrence of the CIMMS and SPC Directors.
(d) Two Members elected by the Assembly of Fellows from their membership.
(e) The Director of the CIMMS, Chair.
(f) The Director of the School of Meteorology, ex officio.
(g) The Director of the National Severe Storms Laboratory, ex officio.
(h) The Director of the Storm Prediction Center, ex officio.
(i) The Director of the NWS Operational Support Facility, ex officio.
(j) The CIMMS Scientific Coordinators, ex officio.

6. The Assembly of Fellows

The Assembly of Fellows will be composed of a cross-section of local and national scientists who have expertise relevant to the research themes of CIMMS and are actively involved in the programs and projects of CIMMS. Appointment to the Assembly, by the CIMMS Council, is normally for a two (2) year term, and reappointment is possible. Appointments may be made for a shorter period of time or on a part-time basis with the concurrence of the appointee and the CIMMS Council. The Assembly will review and suggest modifications of bylaws, participate in reviews of CIMMS activities, and elect two of their number to serve on the Council. The Assembly's advice should not be viewed as binding on the Director relative to any recommendations that might be carried forward to the Advisory Board. Fellows are appointed by the Council.

B. Responsibilities of the Sponsoring Institutions

1. Through the Advisory Board, the University, ERL, and NWS will jointly maintain control over policies and assure appropriate professional standards at CIMMS.

2. The bylaws of CIMMS and all revisions of the bylaws are subject to review by and require the approval of the University, ERL, and NWS as represented by their appointees on the CIMMS Council.

3. The ERL, NWS, and the University shall arrange to share administrative and facility costs of CIMMS in a manner consistent with their practices and policies. Either of these organizations may enter into an agreement with the other, subject to the regulations of each, for the supply of services or equipment.

4. Each sponsoring organization takes full operational responsibility for its own employees holding positions in the CIMMS, and agrees to consider and adjudicate promptly any and all damage claims which may arise directly or indirectly from the operation of the CIMMS. Such consideration and adjudication against the NOAA Environmental Research Laboratories may be made under the Federal Tort Claims Act, 28 U.S.C., Section 2671, et seq.; the Federal Employees' Compensation Act, 5 U.S.C., Section 8101, et seq.; or under such other authority as may be available. Also, consideration and adjudication against the University of Oklahoma may be made under the Oklahoma Governmental Tort Claims Act, 51 =A7 Chapter 5, Sections 151 through 172.

5. The University will service the business and financial matters of the CIMMS.

6. The CIMMS has its own operating budget and may contract through the University with other participating organizations as external research sponsors.

7. The University will provide an administrative assistant as part of its contribution, as well as customary support from the University Offices of Research Administration and Grants and Contracts Administration.

8. Within NOAA, administrative matters relative to the CIMMS will be managed by ERL, in accordance with established practice.

9. The University will administer the "Visiting Fellows Program" with the advice of the CIMMS Council. The base funding needed to support this program will be supplied by ERL and NWS. Additional funds to supplement this program may also be sought from sources outside NOAA.

10. Contracts, grants, or other agreements entered into pursuant to this memorandum shall contain appropriate provisions relating to Equal Employment Opportunity, E.0.11246, Non-Discrimination in Federally Assisted Programs, titles VI and VII of the Civil Rights Act of 1964, Prohibition of Sex Discrimination, title IX of the Education Amendment Act of 1972, Rehabilitation Act of 1973, Americans with Disabilities Act of 1973, Vietnam Era Veterans Readjustment Assistance Act of 1974, Age Discrimination Act of 1967, and other appropriate acts as implemented by Department of Commerce and University of Oklahoma regulations.

11. Formal education, including the admission of students, and the awarding of academic credit, remains the responsibility of the appropriate colleges of the University. Financial assistance to students shall conform to the policies of the University and the departments that are involved in CIMMS.

C. Location and Housing of CIMMS

CIMMS has its headquarters and chief administrative offices on the main Norman campus of the University of Oklahoma. Subject to and dependent upon the availability of adequate funding, the University will provide permanent quarters or facilities for CIMMS, the ownership of which will be vested in the University. The University will seek to provide the office space for CIMMS, if possible, in a location near the principal academic departments participating in CIMMS. CIMMS scientific staff may be housed either with the CIMMS administrative offices, or at a location that facilitates their research. For example, when the majority of a CIMMS employee's effort involves a collaborative project managed at a NOAA facility, or heavily utilizes NOAA resources (e.g., computing facilities, data archives), it may be more efficient for the employee to be housed in that NOAA facility. The expenses for space occupied by CIMMS will be subject to the terms of the cooperative agreement; it is understood that the University of Oklahoma is a non-profit educational institution. All such housing arrangements will be negotiated on a case by case basis with potential host facilities.

IV. PERIOD

The Memorandum of Agreement is effective as of the date of signature by the President, University of Oklahoma, and the Under Secretary for Oceans and Atmosphere, U. S. Department of Commerce, and will be subject to review every five years.

V. MODIFICATION/CANCELLATION PROVISION

A. Financial Arrangement

Financial arrangements contemplated by this memorandum will be contingent upon the appropriation of necessary funds by the Congress of the United States and the Oklahoma State Regents for Higher Education, respectively. In addition, all financial commitments of the NWS relative to their laboratories, centers, or offices shall be deferred until such time as they are prepared to participate in CIMMS.

B. Modification and Termination of Memorandum

Termination can be by agreement or upon the failure of either party to observe the basic conditions contained in this memorandum. If termination is contemplated, the party initiating the action will give at least one year's notice to the other parties. Proposals to modify the terms of this Memorandum of Understanding can be initiated by either the ERL Director, the NWS Director, or the Provost of the University.

VI. OTHER PROVISIONS

Nothing herein is intended to conflict with current NOAA or University of Oklahoma directives. If the terms of this memorandum are inconsistent with existing directives of either of the agencies entering into this agreement, then those portions of this agreement which are determined to be inconsistent shall be invalid; but the remaining terms and conditions not affected by the inconsistency shall remain in full force and effect. At the first opportunity for review of the agreement, all necessary changes will be accomplished by either an amendment to this agreement or by entering into a new agreement, whichever is deemed expedient to the interest of both parties.

Should disagreement arise on the interpretation of any provision of this agreement, or amendments and/or revisions thereto, that 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 thirty days, the parties shall forward the written presentation of the disagreement to respective higher officials for appropriate resolution.

Additionally, this Memorandum does not replace the need for a financial assistance award or procurement award to legally authorize and obligate federal funds for support of the Institute.

VII. ADDENDA (December 11, 2000 and August 8, 2002)

1. All references in this MOA to “Environmental Research Laboratories” and “ERL” are hereby changed to “Oceanic and Atmospheric Research” and “OAR”, due to the phasing out of ERL as a NOAA entity in 1999.
2. The word “effects” is hereby changed to “impacts” in the fourth research theme, to now read “Socioeconomic Impacts of Mesoscale Weather Systems and Regional Scale Climate Variations”.
3. The fifth research theme “Doppler Weather Radar Research and Development” was adopted for use in the 5-year Cooperative Agreement that ran from July 1, 1996 through June 30, 2001, and remains as a fifth research theme of CIMMS.
4. The Operational Support Facility for the WSR-88D Radar was added as a NOAA cooperating partner to CIMMS for the 5-year Cooperative Agreement that ran from July 1, 1996 through June 30, 2001, and remains as a cooperating partner under the new name “Radar Operations Center” (ROC). Its research activities are largely embodied in the fifth research theme “Doppler Weather Radar Research and Development” and to some extent in the second research theme “Forecast Improvements”. In addition, the former OSF Operations Training Branch has become the NWS Warning Decision Training Branch (WDTB), but remains a NWS collaborator with CIMMS under this MOA.
5. A sixth research theme of CIMMS, “Climate Change Monitoring and Detection”, was added beginning with the 5-year Cooperative Agreement that runs from July 1, 2001 through June 30, 2006.
6. The National Environmental Satellite, Data, and Information Service (NESDIS), and in particular its National Climatic Data Center (NCDC), is hereby added as a NOAA cooperating partner to CIMMS, with research activities largely embodied in the sixth research theme “Climate Change Monitoring and Detection”, and to some extent in the fourth research theme of “Socioeconomic Impacts of Mesoscale Weather Systems and Regional Scale Climate Variations”.
7. The Southern Region Headquarters (SRH) of the NWS is hereby added as a NOAA cooperating partner to CIMMS, with research activities largely embodied in the second research theme “Forecast Improvements”.
8. CIMMS Advisory Board. Member “f” is hereby the “Assistant Administrator for OAR”. Member “i” is hereby the “NWS Southern Region Headquarters Director”. The following members are hereby deleted: CIMMS Scientific Coordinators, ex officio.
9. CIMMS Council. The following members are hereby added: The Director of the NWS Norman Forecast Office, ex officio; The Director of the NWS Southern Region Headquarters, ex officio; The Director of the National Climatic Data Center, ex officio; The Director of WDTB, ex officio. The following members are hereby deleted: CIMMS Scientific Coordinators, ex officio. Under (c), add the Directors of ROC, NWS Norman Forecast Office, NWS Southern Region Headquarters, NCDC, and WDTB.
10. Intellectual Property. The University of Oklahoma, of which CIMMS is a part, has an Intellectual Policy (IP) Rights policy for its employees regarding the disclosure and rights of such property. The Department of Commerce (DOC), of which NOAA is a part, has developed in November 2000 an IP policy for use by its Joint Institutes. The DOC policy is used by all of NOAA's Joint Institutes, and has been agreed to by the University of Oklahoma. These policies will be enforced at CIMMS. Each disclosure of IP will be reviewed on a case-by-case basis because of the collaborative nature of most CIMMS research activities. In many cases (but not all), this collaboration will be with NOAA staff members who are U.S. government employees. Regardless, all intellectual property should be disclosed in a timely manner and should be done in accordance with the guidelines stated in the two policies and with the full knowledge of the CIMMS Director.