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Home My WebLink About2026-148A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK MEMORANDUM OF UNDERSTANDING BETWEEN INDIAN RIVER COUNTY SHERIFF AND INDIAN RIVER COUNTY EMERGENCY SERVICES This Memorandum of Understanding (hereinafter "MOU") is made and entered into by and between Eric Flowers, Indian River County Sheriff ("IRCSO"), whose address is 4055 415L Avenue, Vero Beach, FL 32960 and Indian River County Department of Emergency Services (IRCDES), Indian River County, Florida, a political subdivision of the State of Florida (COUNTY) whose address is 1801 27th Street, Vero Beach, FL 32960. Recitals WHEREAS, The Federal Emergency Management Agency (FEMA) hosts a nationwide Integrated Public Alert and Warning System (IPAWS), which is utilized by local governments to send wireless emergency public alerts when conditions require. Such alerts can provide critical life -safety information to the public and assist emergency services, including law enforcement, fire rescue, and others in performing their duties.; and WHEREAS, IPAWS consists of Emergency Alert Messages (EAS), which broadcast over TV and radio, and Wireless Emergency Alerts (WEA) which broadcast over cellular devices. WHEREAS, FEMA licenses agencies within local governments to utilize the system. The Indian River County Department of Emergency Services, Division of Emergency Management, (IRC EM) holds an active IPAWS Collaborative Operating Group (COG) (the "Account") license.; and WHEREAS, The Indian River County Sheriff operates an emergency dispatch center that serves as a countywide warning point and communication center. The IRSCO dispatch center provides emergency communication services 24 hours per day —7 days a week and remains open during all holidays. WHEREAS, The parties agree that it would benefit the safety of Indian River County to allow IRSCO to have access to the IPAWS system for specified circumstances and conditions. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, IRCDES and IRCSO hereby agree as follows: The Parties agree that the foregoing recitals are true and correct and are incorporated herein by this reference. A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. CUTLER, CLERK Obligations 1. IRCDES agrees to provide IRCSO with access to the IPAWS COG, which will increase the capability to send timely public alerts during an emergency or disaster in an all -hazards environment. 2. IRC EM shall provide, or provide access to refresher training to the IRCSO on an annual basis and notify the IRCSO of any future IPAWS COG changes. 3. The IRCSO agrees to establish an administrator who will oversee all IPAWS processes on behalf of IRCSO employees. 4. The IRCSO will provide IRC EM with contact information for all employees who are granted authority to send IPAWS alerts. This shall include phone numbers and email addresses. The IRCSO shall advise IRC EM whenever an authorized IPAWS user no longer has access to IPAWS (leaves employment etc.) or when a new authorized user is appointed. IRSCO will only provide credentials to qualified employees as necessary. 5. The IRCSO administrator shall be responsible for ensuring that all authorized IRCSO employees complete required initial and annual refresher training. The IRCSO administrator shall forward all IPAWS training certificates to IRC EM for record keeping. 6. The IRCSO shall conduct at least one monthly internal test during each calendar month. The IRCSO shall log all monthly tests and live messages sent and provide the log to IRC EM by the last business day of each calendar month. 7. The IRCSO shall immediately notify IRC EM of any IPAWS system issues. IRC EM shall be responsible for notifying the IPAWS system provider of any system issues. 8. Both IRC EM and IRCSO acknowledge that each Agency is responsible for its own acts and admissions. IPAWS misuse and mismanagement carries serious consequences, which may lead to the COG suspension or termination. 9. IRCSO understands and agrees to abide by all rules relating to the use and maintenance of IPAWS. This includes, but is not limited to, record keeping, procedures for using IPAWS, and maintenance of the secure nature of the system. 10. IRC EM reserves the right to revoke IRCSO's access to IPAWS if misuse or abuse occurs. Reimbursement FEMA does not charge IRCDES for IPAWS access. No financial reimbursement is requested or required. Indemnification Subject to the provisions and only within the limitations of Section 768.28, Florida Statutes, and without waiving sovereign immunity, the Parties recognize their respective tort liability for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee acting with the scope of the employee's office or employment. It is expressly understood that this provision shall not be construed as; i) a waiver of any right, defense or immunity that the Parties have under Chapter 768.28, Florida Statutes, or any other statute, ii) an agreement by either Party hereto to indemnify the other, or iii) consent by either Party to be sued by third parties. Each Party covenants to maintain sufficient general liability and worker's STATE OF FLORIDA. INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. RYAN L. BUTLER. CLERK 1 INDIAN RIVER COUNTY BOARD.7;.. !sus;•,,. OF COUNTY COMMISSIONERS By: Den1 Loar, Chairman Date Signed: Sept ±er 9, 2026 •�ri S i ; ATTEST: RYAN L. BUTLER, CLERK TO THE BOARD AND COMPTROLLER By: Deputy Clerk APPRO D: By:'/ John A Ti anich, Jr. County Administrator APPROVED AS TO FORM AND IENCY: By. C stop er Hicks A sistant ounty Attorney compensation coverage, unless self -insured, regarding its respective liability, throughout the term of this Agreement. Modifications This Agreement may be modified or amended only by mutual written consent of the Parties. Execution, Term, and Termination The term of this Agreement shall commence upon the Effective Date and shall remain in effect until replaced by a substitute agreement or otherwise terminated in accordance to this paragraph. This Agreement may be terminated with or without cause by either party to the Agreement by providing at least one hundred eighty (180) days prior written notice to the other party. In no event shall this Agreement terminate during any COUNTY declared state of emergency. A notice of termination shall be held in abeyance until the conclusion of a COUNTY declared state of emergency. Choice or Law and Venue The validity, interpretation, construction, and effect of this Agreement shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Agreement, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and Southern District of Florida for those claims justiciable in federal court. Severability If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. IN WITNESS REOF the parties hereto have executed this Agreement as of the date first written ab a to a executed by their undersigned officials as duly authorized. sy: Eric Flowers Indian River County Sheriff Date signed:'J JC) Ada rman 1 Attorney for Indian River County Sheriff