HomeMy WebLinkAbout2016-084 MEMORANDUM OF AGREEMENT
BETWEEN THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT AND
THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
This Memorandum of Agreement (the "Agreement") is made and entered into by
the Florida Division of Emergency Management (hereinafter referred to as the "Division")
and the Indian River County Board of County Commissioners (hereinafter referred to as
the "County").
WHEREAS Section 252.35(2)(a)6, Florida Statutes (2015), (F.S.), requires the
Divisionj to establish a system of communications and warning to ensure that the state's
population and emergency management agencies are warned of developing emergency
situations and can communicate emergency response decisions;
WHEREAS the Division has executed contract DEM-16-PG-E4-13-00-22-379 with
Everbridge, Inc. for the provision of Statewide alert and mass notification services in
support'of its AlertFlorida Initiative, hereinafter referred to as the "notification system;"
WHEREAS the Division is funding and providing the notification system at no local
cost to eligible subdivisions for the initial contract and all renewal years (ending on June
30, 2019), contingent upon an annual appropriation by the Florida Legislature;
WHEREAS Section 252.38 F.S. establishes Emergency Management powers of
political subdivisions and constructs safeguarding the life and property of its citizens as
an innate responsibility of the governing political body of each political subdivision of the
state, and;
WHEREAS the County desires to utilize the notification system provided by the
Division[to transmit alerts, notifications, and other authorized public safety messaging to
residents, businesses, and visitors located in or transiting through their political
subdivision, while performing its powers under section 252.38 F.S.
NOW, THEREFORE, in consideration of the cooperative effort between the parties
contained herein, the parties agree as follows:
1. TERM OF AGREEMENT
Thislagreement is effective on the date of execution by the last-signing party and shall
remain in effect for the duration of services provided under contract DEM-16-PG-E4-
13-00-22-379, but no later than June 30, 2019.
2. DUTIES AND RESPONSIBILITIES
A. Division of Emergency Management
The Division:
I. Has assigned a contract manager for the notification system pursuant to
section 287.057(14) F.S. who will enforce the performance of the contract
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terms and conditions and serve as a liaison with the contractor, Everbridge
Inc.
II. Reserves the right to access any political subdivision's account or
organization in the system for purposes of contract management, and to
monitor system activity and usage.
III. Will limit the number of personnel with high-level administrative access
credentials to the system, and will take reasonable efforts to prevent the
unauthorized disclosure of contact information protected under section
119.071(5)0) F.S.
IV. Reserves the right to launch a statewide notification to all available "opt-in"
contact data in the system resulting from a catastrophic natural or
technological disaster, a widespread public health emergency, an imminent
or actual attack of a foreign military power, or a similar emergency where a
delay to coordinate locally-initiated notifications would endanger the health
and safety of the State's population.
V. Reserves the right to require certain notification subscription options be set
to "mandatory" in a subdivision's public-facing opt-in portal, including:
a. Tornado Warnings
b. Flash Flood Warnings
c. Hurricane Warnings
d. Statewide Notifications
e. Countywide Notifications
VI. Will, upon termination of the contract, distribute the system's recipient
contact data to the County as specified in Minimum Support Requirement
number eight of the contract's Scope of Work.
B. Indian River County
The County:
I. Acknowledges the terms and conditions of the contract, which is
attached hereunto, and agrees to abide by the applicable terms thereof,
including but not limited to the terms of the Everbridge Core Platform
Agreement, incorporated in the contract as Exhibit "E."
II. Agrees to abide by the Everbridge Acceptable Use Policy, available via
http://www.everbridge.com/aup and incorporated in the contract as
Exhibit "F."
III. Agrees to place a "powered by AlertFlorida" icon that shall encompass
no greater or less than 10% the banner image of the County's public-
facing opt-in portal(s) for continuity with statewide branding.
IV. Acknowledges the following authorized uses of the system and agrees
to limit use of the system to those uses, defined by the Division as the
following categories of notifications:
a. Population protective actions, such as evacuation orders, shelter-in-
place warnings, boil water notices, and similar actions;
b. Emergency preparedness and response information, such as the
availability of sand bag stations for flood-fighting efforts, notification
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of planned or anticipated disruption of municipal services & municipal
or commercial utilities, the establishment of emergency shelters,
implementation of curfews and other law enforcement security
measures, the designation of security zones around specific planned
events, the establishment of keywords for event-specific messaging,
and other similar messaging that conveys a change in the County's
steady-state operational posture;
c. Disaster recovery information, such as the location of disaster
recovery centers, availability of voluntary agency or governmental
disaster recovery assistance, and updates on debris clearance and
the allowance of re-entry into a portion of the subdivision impacted
by a disaster;
d. Emergency preparedness exercises, including operational tests of
notification capability and public notification of functional or full-scale
public safety and emergency management exercises occurring
within the jurisdiction;
e. Law enforcement searches for a missing person or a manhunt for
escaped convicts or suspects evading arrest;
f. Automated weather warnings provided by the National Weather
Service;
g. Notification and recall of County employees, contractors, and other
response partners that support the activation of the County's
Emergency Operations Center or supplement the staffing of existing
public safety response and recovery functions, including the staffing
of specialty response teams, and;
h. Non-Weather Messages (NWMs) that the County is authorized to
broadcast via their IPAWS Alertinq Authority including a Civil Danger
Warning, Civil Emergency Message, Fire Warning, Hazardous
Materials Warning, Local Area Emergency, 911 Telephone Outage
Emergency, Nuclear Power Plant Warning, Radiological Hazard
Warning, and future NWM's that may become available.
V. Acknowledges that access to the Integrated Public Alert and Warning
System (IPAWS) and Emergency Alert System (EAS) initiation features
available in the system is contingent on the County:
a. Acquiring its Collaborative Operating Group (COG) license from the
Federal Emergency Management Agency (FEMA), and;
b. Registering with the National Weather Service for access to
HazCollect.
VI. Agrees to make a reasonable effort to supply the Division with requested
information about any existing or recent local contracts for mass
notification services, for the purpose of developing quantitative cost
impact and qualitative notification capability measures in support of
legislative budget requests for continued funding of the initiative.
VII. Agrees to develop a written Standard Operating Procedure (SOP) that
governs access to and use of the notification system within the County,
to include, at minimum, the following topics:
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a. Defining the local organization administrator(s);
b. Defining procedures for requesting administrative access within the
jurisdiction and the training requirements for granting such access;
c. Establishing a message drafting and approval process;
d. Discussing the difference between "opt-in" and "opt-out" contact
data, limiting the use of "opt-out" data to imminent or actual life
threatening emergencies, and considering the time of day when
initiating notifications that use "opt-out" data, and;
e. Specifying the responsibility and frequency of periodically reviewing
all administrative user accounts within the County's organization(s)
to validate the continued relationship and need for access of each
current user.
The SOP must be developed within 60 days of the effective date of this
agreement and is subject to review by the Division at any time during
the agreement.
VIII. Acknowledges that Everbridge, Inc. provides additional notification
system capabilities and services which are not covered under the
Division's contract for the notification system (hereafter referred to as
"non-covered services"). If the County desires to enhance their
notification capabilities by adding non-covered services to their
organization(s), then the County will be responsible for any additional
costs incurred as a result of adding those services, plus any costs arising
from technical support of the non-covered services, payable directly to
Everbridge. The County will notify the Division of its intent to add non-
covered services prior to deployment, and will provide an additional
notification after deployment, with the intent of maintaining visibility on
the vendor's provision of support and maintenance on covered features.
3. POINTS OF CONTACT
The parties shall direct all matters arising in connection with the performance of this
Agreement to the attention of the respective contact persons named below for
resolution or action:
For the Division: For the County:
Brian Misner, Special Projects Coordinator John King, Director
2,555 Shumard Oak Boulevard 4225 431 Avenue
Tallahassee, Florida 32399 Vero Beach, FL 32967-1671
Telephone: 850-922-5332 Telephone: 772-567-2154
Email: brian.misner@em.myflorida.com Email: jking@ircgov.com
4. TERMINATION OF AGREEMENT
The parties may terminate this Agreement at any time upon thirty days' written notice
to the points of contact specified herein.
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5. LIABILITY
Each party hereto agrees that it shall be solely responsible for the negligent or
wrongful acts of its employees and agents. Nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the provisions of 768.28, F.S.
Nothing herein shall be construed as consent by either party to be used by third
parties.
6. ATTACHMENTS
The following attachments are incorporated hereunto by reference:
A. Attachment 1 — Definitions
B. Attachment 2 — Contract DEM-16-PG-E4-13-00-22-379 between the Division and
Everbridge, Inc.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their duly authorized representatives on the dates appearing beneath their respective
signatures.
FLORIDA DIVISION OF INDIAN RIVER COUNTY BOARD OF
EMERGENCY MANAGEMENT COUNTY 'COMMISSIONERS
Bryan foon, Director Bob Solari, Chairman
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APPROVED
Attest: Jeffrey R. Smith, Clerk of
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY
5 DYLAN REINGOLD
COUNTY ATTORNEY
Attachment 1 — Definitions
Account— An account is the access point to the web-based Everbridge Suite platform.
Accounts are segmented into Organizations, and are typically segmented further into
numerous groups.
Contact - Individuals who may receive notifications from or through the notification
system, including any individual person who provides their personal contact information
through an opt-in portal.
Opt-In The process whereby a contact subscribes to receive notifications through an
organization-specific web portal, or by sending the subdivision's keyword(s) or zip
code(s)'to an established SMS short code.
Opt-Out— Contact and address point data loaded into the Everbridge Platform by a
political subdivision without the intervention of the contact.
Organization - In the Everbridge Platform, an organization ("Org") contains a contact
database and the capability to send notifications. Each Org has a mapping feature that
allows users to send notifications based on registered locations of contacts. Orgs can
be configured with a variety of settings and users can view and create numerous
reports.
User- Individuals assigned roles and granted permission to manage users, manage
contacts and groups, edit settings, and/or send notifications within the Everbridge
platform.
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Attachment 2 — Contract
Executed contract DEM-16-PG-E4-13-00-22-379, between Florida Division of
Emergency Management and Everbridge, Inc., is on file in the Board of County
Commission Office.
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