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Home My WebLink AboutC01-245 IGA for establishment of emergency alert systemMw-4 I, It-.1 lI\ INTERGOVERNMENTAL AGREEMENT For the Establishment of an Emergency Alert System THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement ") is made this 11th day of April 2001 by and between the Board of County Commissioners of Pitkin County, Colorado, whose address is 530 East Main Street, Aspen, Colorado, 81611 and the Board of County Commissioners of Eagle County, whose address is P.O. Box 850, -Eagle, Colorado, 81631. The purpose of this Intergovernmental Agreement (IGA) is to express and memorialize the understandings and agreements of the parties regarding the matters set forth herein and to advance the coordination of emergency management responsibilities and services of Eagle and Pitkin County. The Emergency Alert System (EAS) is established to disseminate emergency information and warning (e.g., power outages, floods, civil disorder, toxic leaks or any occurrence that poses a danger to life and property) to the general public in the EAS local area or any portion thereof with the broadcast coverage and cable system service areas at the request of designated local, State and Federal officials. Recitals WHEREAS, pursuant to title 29, article 1, part 2, Colorado Revised Statutes, as amended (the "Intergovernmental Relations Statutes "), and article XIV, section 18 of the Colorado Constitution, governments may contract with one another to provide any function, service or facility lawfully authorized to each of the contracting units and any such contact may provide for the joint exercise of the function, service or facility, including the establishment of a separate legal entity to do so; and WHEREAS, pursuant to title 47 United States Code 151 for the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available to all the people of the United States, Nation -wide, and world -wide adequate facilities at reasonable charges, for the purpose of the national defense, promoting safety of life and property and for securing a more effective execution of this policy by centralizing authority heretofore granted by law to the creating of a commission known as the "Federal Communications Commission" (FCC); and WHEREAS, pursuant to title 47 United States Code 154(1) states the duties and powers of the FCC and 154(o), states the use of communications in safety of life and property; and WHEREAS, pursuant to title 47 United State Code 303(r), which states the FCC is to make rules and regulations and prescribe such restrictions and conditions, not IGA EAS 2/2001 C I C inconsistent with law, as to carry out the provisions set forth by the commission in any international radio or wire communications treaty or convention, or regulations annexed thereto including any treaty or convention insofar as it relates to the use of radio to which the United States is or may hereafter become a party; and WHEREAS, pursuant to title 47 United States Code 544(g) notwithstanding any rule, regulation, or order, each cable operator shall comply with such standards as the Commission shall prescribe to ensure that viewers of video programming on cable systems are afforded the same emergency information as is afforded by the emergency broadcasting system pursuant to Commission regulations in subpart G of part 73, title 47, Code of Federal Regulations; and WHEREAS, pursuant to title 47 United States Code 606, during times of war, the President of the United States may prioritize communications, obstruct interstate or foreign communications, suspension or amendment rules and regulations applicable to certain emissions stations or devices, suspend or amend rules and regulations applicable to wire communications, close and or commandeer facilities, compensate of individuals and may impose penalties; and WHEREAS, pursuant to title 47 Code of Federal Regulations, Part 2 states the purpose, emergency action notification and termination, equipment requirements, organization, emergency operations and test procedures for the EAS. WHEREAS, pursuant to title 47 Code of Federal Regulations Part 73, Subpart G of the FCC Rules and Regulations, establishes rule and regulations for radio broadcast services for low power FM broadcast stations for activation of the EAS. NOW, THEREFORE, to ensure the continued coordination, development and refinement of all emergency alert system notifications, the parties agree as follows: The cost of installation, monthly fees, equipment fees, Comrex Auto - Answer Coupler, Sage Endec Remote Control, Sage Mic Shure 527B, Rolls RS78B Digital Programmable AM/FM Tuner and a 4 wire telephone line shall be shared equally by both Counties. [Estimated total cost for 2001 is $1,461.60. Estimated total cost for 2002 and beyond is $1,168.20 per year] 2. The following designated officials may activate the Vail Communication Center or Aspen Pitkin County Communications EAS system: a. (Majority) Eagle County Board of County Commissioners / City Councils within Eagle County b. Eagle County Administrators / City Managers within Eagle County c. Eagle County Sheriff d. Eagle County Emergency Management Coordinator e. National Weather Service f. Vail Communications Center Supervisor 1GA 2 EAS 2/2001 r 0 C g. Eagle County Incident Commander h. (Majority) Pitkin County Board of County Commissioners / City Councils within Pitkin County i. Pitkin County Manager / City Managers within Pitkin County j. Pitkin County Sheriff k. Pitkin County Emergency Management Coordinator 1. Aspen Pitkin County Communications Center Supervisor m. Pitkin County Incident Commander 3. Request for activation of the EAS system shall be through Vail or Aspen/Piddn County Communication Center via telephone or radio. 4. The designated officials shall use the following format when contacting the Vail or Aspen/Pitkin County Communications Center: a. Report Name and title b. Report Incident Name c. Report Emergency Message 5. The designated officials and the Vail or Aspen/Pitkin County Communications Center Supervisor shall determine transmission details (e.g., live or recorded, immediate or delayed, etc). 6. When a request for activation of the EAS system occurs, the Communications Center Supervisor shall proceed as follows: a. Transmit the EAS Header and Attention Signal. b. Transmit the announcement and material according to the established procedures. C. Follow the announcement with emergency information as outlined in the adopted procedures. d. Follow procedures to terminate the EAS message according to established protocols. e. Follow procedures to transmit the EAS End of Message Signal according to established protocols. 7. Acceptance of/or participation in this IGA shall not be deemed as a relinquishment of program control and shall not be deemed to prohibit a broadcast licensee or cable operator from exercising independent discretion and responsibility in any given situation. Broadcast stations and cable systems originating emergency communications shall be deemed to have conferred rebroadcast authority. The concept of the management of each broadcast station and cable system to exercise discretion regarding the transmission of emergency information and instructions to the general public is provided by FCC Rules and Regulations. IGA EAS 2/2001 3 8. Nothing in this IGA shall be construed as limiting the right of either party to affiliate or contract with other counties on either a limited or general basis, while the IGA is in effect. 9. This IGA shall be effective as of April 11, 2001 for an initial one (1) year term, and shall thereafter be automatically renewed for an additional one (1) year term until one party decides to withdraw from this IGA by sending a thirty (30) day's written notice to the other party. 10. This IGA shall also terminate immediately should either party fail to maintain their financial obligations to this agreement. 11. Each party represents to the other that the execution and delivery of this IGA has been duly authorized by all necessary corporate or other action, and that all approvals and consents necessary to enter into this IGA have been obtained, and that this IGA is signed on its behalf by its duly authorized officer, agent or representative. 12. The signatories represent and warrant that each has the authority to execute this agreement and bind the entity they represent. IGA EAS 2/2001 4 C C INWITNESS WHEREOF, the parties have caused this IGA to be executed as of the day and year first written above. APPROVED AS TO CONTENT: A.J. Jo@Kn Eagl ou ty Sheriff APPROVED` AS TO FORM: J Robert Braudis Pitkin County Sheriff -- tilt S 1 t� ct� c= Y� John Eagle County Attorney n County Attorney EAGLE COUNTY MANAGER A ad PITKIN COUNTY MANAGER Hilary Flgt er Smith BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS IGA EAS 2/2001 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING THE BOARD TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH EAGLE COUNTY FOR IMPLEMENTATION OF THE EMERGENCY ALERT SYSTEM Resolution No. 2001 Recitals 1. Pursuant to title 29, article 1, part 2, Colorado Revised Statutes, as amended (the "Intergovernmental Relations Statutes "), and article XIV, section IS of the Colorado Constitution, governments may contract with one another to provide any function, service or facility lawfully authorized to each of the contracting units and any such contract may provide for the joint exercise of the function, service or facility, including the establishment of a separate legal entity to do so; and 2. Pursuant to title 47, Volume 1, part II, Code of Federal Regulations. The purpose of the Agreement attached as Exhibit A, is to set forth the respective rules, regulations and obligations providing for an Emergency Alert System (EAS) within Pitkin County and Eagle County. 3. Pursuant to title 47, Volume 1, part 73, Code of Federal Regulations stipulates the rules applicable to radio broadcast services when emergency information is to be broadcasted using EAS. NOW THEREFORE, BE IT RESOLVED, by the Board of County Commissioners that it does hereby approve the Agreement between Pitkin Cotulty and Eagle County and authorizes the Chair to sign an agreement in substantially the form attached as Exhibit A, as approved by the County Attorney. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING AT THE REGULAR MEETING ON THE 28th DAY OF MARCH 2001. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 31st DAY OF MARCH 2001. APPROVED AND ADOPTEDUPON SECOND READING AND PUBLIC HEARING ON THE 11 th DAY OF APRIL 2001. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES WEEKLY ON THE 14" DAY OF APRIL 2001. Resolution #99 -C Page 2 ATTEST: Jeaq,ette Jones D qjj uty Clerk Date: � -//- elK BOARD OF COUNTY COMMISSIONERS O&PITKIN OUNTY, COLORADO C Michael C. eland Chair PITKIN COUNTY MANAGER: ltn2.�- r Hilar letcher Smith APPROVED AS TO FORM: John Ely C orney l Sara Fisher County Clerk Date: BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO Tom Stone Chair EAGLE COUNTY MANAGER: APPROVED AS TO FORM: Renee Black County Attorney