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Home My WebLink About20230989.tiffRESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR INTEGRATED PUBLIC ALERT AND WARNING SYSTEM (IPAWS) ACROSS COUNTY BORDERS DURING CRITICAL EVENTS AND AUTHORIZE THE CHAIR, OFFICE OF EMERGENCY MANAGEMENT, AND DEPARTMENT OF PUBLIC SAFETY COMMUNICATIONS TO SIGN - LARIMER EMERGENCY TELEPHONE AUTHORITY (LETA) WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Memorandum of Understanding for the Integrated Public Alert and Warning System (IPAWS) across County Borders during Critical Events between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Office of Emergency Management and Department of Public Safety Communications, and the Larimer Emergency Telephone Authority (LETA), commencing upon full execution of signatures, with further terms and conditions being as stated in said memorandum of understanding, and WHEREAS, after review, the Board deems it advisable to approve said memorandum of understanding, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the a Memorandum of Understanding for the Integrated Public Alert and Warning System (IPAWS) across County Borders during Critical Events between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Office of Emergency Management and Department of Public Safety Communications, and the Larimer Emergency Telephone Authority (LETA), be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair, Roy Rudisill, Director of the Office of Emergency Management, and Tina Powell, Director of the Department of Public Safety Communications, be, and hereby are, authorized to sign said memorandum of understanding. cc; °El-% c (11') 04 it V23 2023-0989 CM0029 EM0020 MEMORANDUM OF UNDERSTANDING FOR INTEGRATED PUBLIC ALERT AND WARNING SYSTEM (IPAWS) ACROSS COUNTY BORDERS DURING CRITICAL EVENTS — LARIMER EMERGENCY TELEPHONE AUTHORITY (LETA) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of April, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dritio p;(, Weld County Clerk to the Board County Att• ney Date of signature: oN/I7/23 Mi eman, Chair e L. Bu - ro-Tem S ott K. James XCUSED 2023-0989 CM0029 EM0020 COY cfi � pi:kcogos BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: MOU between Weld and Larimer Emergency Telephone Authority (LETA) DEPARTMENT: Emergency Management/WCRCC DATE: Feb 10;2023 PERSON REQUESTING: Brief description of the problem/issue: Commissioners, the attached MOU with LETA is designed to provide the ability for Weld County Regional Communications and LETA to launch Wireless Emergency Alert (WEA) messages in each other's counties due to the communities that cross our county lines and during critical emergencies. The MOU provides a process for LETA or Weld to issue the alerts after communication with the other Dispatch Center has been completed or as soon as the Alert has been sent. This MOU is an outcome of an After -Action Review, we had with Boulder last spring after a Fire in SW Weld, and Boulder identified the need to send a WEA for an evacuation. The improvement is to have this type of agreement with other counties due to the need for mutual aid in sending WEA Messages. This MOU allows our Communications Center to be better prepared and have the ability to support Larimer County and a backup for our Communication Center to send WEA messages. The request is to add this agreement to the BOCC agenda for signature. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Approve request, Hold work session to discuss further, decline the request Recommendation: Approve request and allow WCRCC and OEM to add the MOU to the BOCC agenda. Approve Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine Schedule Work Session Other/Comments: 2023-0989 0L/lO CM 0621 CM Ma) MEMORANDUM OF UNDERSTANDING BETWEEN WELD COUNTY OFFICE OF EMERGENCY MANAGEMENT, WELD COUNTY REGIONAL COMMUNICATION CENTER AND LARIMER EMERGENCY TELEPHONE AUTHORITY CONCERNING IPAWS ALERTING ACROSS COUNTY BORDERS This Memorandum of Understanding ("MOU") is made and entered into by and between the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY on behalf of the WELD COUNTY OFFICE OF EMERGENCY MANAGEMENT ("OEM"), Weld County Regional Communications Center (WCRCC), and LARIMER EMERGENCY TELEPHONE AUTHORITY ("LETA") on the other hand. OEM, WCRCC, and LETA are referred to herein as a "Party" and collectively as the "Parties." WHEREAS, OEM is an office under the direction of the Weld County Commissioners. It supports Weld County and its citizens by planning for responses to emergencies and disasters ("Critical Events") in Weld County, and it coordinates the activities of Weld County, including emergency alerts, during Critical Events; WHEREAS, WCRCC is the regional dispatch center supporting dispatch services for weld county and its partner agencies. WCRCC is the alerting authority for Weld County and is FEMA trained and certified to send IPAWS alerts. WHEREAS, LETA is an emergency telephone authority and a political subdivision created in 1990 pursuant to Colorado law by an Intergovernmental Agreement between Larimer County and certain municipalities, fire protection districts, and hospital/health services districts located within Larimer County, and LETA's Fourth Amended Intergovernmental Agreement dated. November 1, 2021, charges LETA with the administration, management, operation, maintenance, upgrade, and enhancement of emergency telephone service and emergency notification service within Larimer County; WHEREAS, the Parties are geographically large counties in northern Colorado, with growing populations, and they share a border; WHEREAS, Critical Events and the adverse impacts of Critical Events may cross the county border; WHEREAS, the Parties are alerting authorities with authorized users trained and certified to use the federal Integrated Public Alert & Warning System ("IPAWS") platform to effectively communicate and disseminate emergency alerts during Critical Events in their respective counties; WHEREAS, to uniformly specify or target defined geographic areas to receive emergency alerts and to identify an alerting authority's permissions, IPAWS uses Federal Information Processing Standards Codes ("FIPS Codes"), or a standardized set of numeric or alphabetic codes issued by the National Institute of Standards and Technology; XO23 - ogff� I WHEREAS, in order to improve public safety, improve the reach of an emergency alert, and increase operational efficiencies, the Parties have agreed to share each other's FIPS Code in order to allow either Party to send an IPAWS emergency alert across the county border and into the other Party's jurisdiction during Critical Events that pose an imminent threat to life. NOW, THEREFORE, the Parties set forth their understanding as follows: 1. Preamble. The Parties agree that the recitals set forth above are tike, correct, and are hereby incorporated into the body of this MOU as if fully set forth herein. 2. Authority. The Parties represent and warrant that this MOU has been approved by their respective legislative body or other authority having the power to so approve. The Parties further represent and warrant that they have obtained any permission required of either the federal or state government for the Parties to share each other's FIPS Code in order to allow either Party to send an IPAWS emergency alert across the county border and into the other's jurisdiction ("Permission"). 3. Effective Date. This MOU shall become effective on /O 1, 2023. 4. Term. This MOU will remain in full force and effect unless and until any one of the following occurs: a. The MOU is terminated by either Party upon thirty (30) days' written notice for any reason, and either for cause or without cause; b. the federal or state government revokes Permission; or c. a Party lacks a FEMA trained, certified, and authorized IPAWS user. 5. Understanding. The Parties agree that either Party may use the other's FIPS Code to send an IPAWS emergency alert across the county border and into the other Party's jurisdiction during a Critical Event that poses an imminent threat to life, but only if: a. The alert is sent by an authorized user of the Party, and the Party's authorized user has completed the monthly IPAWS training required by FEMA. b. When the alert is sent or immediately thereafter so as not to delay the sending of the alert, but in no event more than five (5) minutes after the alert is sent, the Party that is the alerting authority notifies the other Party of: the location, including the polygon (this can be shared via a shape file or .kml extension); the nature of the Critical Event, such as an evacuation, shelter in place, or Amber Alert; the complete message or text of the emergency alert; 2 (4) the action the alert is instructing citizens to take, such as the evacuation route; and (5) other essential data related to the Critical Event or the alert, including the expiration date and time and the name of the user sending the alert. ("the Notice"). The Parties must establish an agreed -upon method to share the Notice, as well as ongoing information about an alert, and the Parties must use that method during each alert. c. Once a Party receives the Notice, the receiving Party should utilize its local alerting tools to send a second alert to the geographic area that falls within their county's boundary. d. The Parties must cooperate and coordinate as to any response required, under state or federal law, to a request for information or to a subpoena that encompasses records relating to any IPAWS emergency alert sent under this MOU. 6. Limitations. This MOU does not authorize any Party to send an emergency alert using the other Party's 911 data, citizen opt -in data, or other local emergency tools. 7. Cost. There is no cost associated with this MOU. Neither Party may charge the other to receive, access, or use the PIPS Codes. 8. Liability. Each of the Parties shall be solely responsible for the actions or omissions of its officers, employees, contractors, and volunteers, but shall not be responsible or legally liable for the negligent acts of the other party to this MOU or of its officers, employees, contractors, and volunteers. Nothing in this MOU shall be construed as a waiver of the notice requirements, defenses, immunities, and limitations any signatory may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 through 120, as may be amended, or of any other defenses, immunities, or limitations of liability available to each of the Parties by law as a "public entity," as a "nonprofit organization" under C.R.S. § 13-21-115.5 as may be amended (the Volunteer Service Act), C.R.S. § 13-21-115.7 as may be amended, C.R.S. § 13-21-116 as may be amended, or other potentially applicable federal or state law. 9. Relationship of the Parties. The Parties enter into this MOU as separate and independent entities and shall maintain such status throughout the term of this MOU. Nothing contained herein shall be construed as a waiver or modification of the rights afforded to LETA or to OEM under Colorado law. Nothing in this MOU shall be deemed to create a partnership between OEM and LETA or to create any agency relationships or any joint venture. 10. Appropriation. To the extent this MOU constitutes a multiple fiscal year debt or financial obligation of the Parties, it shall be contingent upon and subject to annual appropriation pursuant to the Article X, Section 20 of the Colorado Constitution and applicable ordinances or charters of the Signatories. 3 11. Amendment. No amendment or other modification of this MOU shall be valid unless pursuant to a written instrument signed by the Parties. 12. Assignment. The benefits and burdens under this MOU may not be assigned by one of the Parties without the written consent of the other. 13. Parties to Exercise Good Faith. The Parties agree to devote their best efforts and to exercise good faith in implementing and adhering to the provisions of this MOU. 14. Third Parties. This MOU is intended to describe rights and responsibilities only as between the Parties. It is not intended to, and shall not be deemed to, confer rights to any persons or entities not named as Parties herein. 14. Entire Understanding of the Parties. This MOU contains the entire understanding between the Parties. 15. Notices. All notices provided for under this MOU shall be effective when mailed, postage prepaid, and sent to the following addresses: If to OEM: Director, Office of Emergency Management Weld County Board of Commissioners 1150O St. Greeley, CO 80631 If to LETA: Kimberly Culp Chief Executive Officer 4872 Endeavor Drive, Suite 200 Johnstown, CO 80534 16. Governing Law. This MOU shall be governed by and construed under the laws of the State of Colorado. 17. Execution. This MOU may be executed by original, scanned, or facsimile counterpart signatures and shall have the same force and effect as if all signatures appeared on the same original. IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed the day and year first st�written above. ATTEST: �1 ) '(.1i BOARD OF COUNTY COMMISSIONERS Weld C• _ ty Clerk to the B i and WELD COUNTY, COLORADO BY •eputycf. •ctothe Bs11111 r ike Freeman, Chair 0)///0/425 4 c,.2,4,2' — 'I WELD COUNTY OFFICE OF EMERGENCY MANAGEMENT By: Roy Rudisill, Director WELD REGIONAL COMMUNICATIONS CENTER By: Tina Powell, Director LARIMER EMERGENCY TELEPHONE AUTHORITY By r� 9c„t 6.„4, opaW 4866-3425-5161, v. 2 New Contract Reques Information Entity Name* LARIMER COUNTY Entity ID* @00001734 ❑ New Entity? Contract Name* Contract ID MOU BETWEEN WELD AND LARIMER EMERGENCY TELEPHONE 6805 AUTHORITY (LETA) Contract Status CTB REVIEW Contract Lead* GMARQU EZ Contract Lead Email gruarquez@ca.weld.co.us Parent Contract ID Requires Board Approval YES Department Project Contract Description* MOU WITH LETA IS DESIGNED TO PROVIDE THE ABILITY FOR WELD COUNTY REGIONAL COMMUNICATIONS AND LETA TO LAUNCH WIRELESS EMERGENCY ALERT (WEA) MESAGE IN ECH OTHERS COUNTIES DUE TO THE COMMUNITIES THAT CROSS COUNTY LINES AND DURING CRITICAL EMERGENICES. Contract Description 2 Ctract Type CONTRACT Amount* 60.00 Renewable* YES Automatic Renewal C,rant IGA If this is a renewal e Department OEM Department Email CM -OEM grwe l dgov.co m Department Head Email CM-OEM- DeptHeadAwe l d gov.co rn County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEYAWELDG OV.COM rs Contract ID if this is part of a MBA enter MBA Contract ID Requested @CC Agenda Date. 04/03/2023 Due Date 03/30/2©23 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blankif those contracts are not in On Base Contract Dates Effective Date Review Date* 03/01/2028 Renewal Date. 04/01/2028 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head ROY RUDISILL OH Approved Date 04/04/2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 04/1012023 Originator GMARQUEZ Contact Type Contact Email. Finance Approver CHERYL PATTELLI Contact Phone 1 Contact Phone 2 Purchasing Approved Date Legal Counsel KARI N MCDOUGAL Finance Approved Date Legal Counsel Approved Date 04/04/2023 04/04/2023 Tyler Ref # AG 041023 Hello