Attachment A - BODM IGA Final

JOINT AGREEMENT ESTABLISHING THE BOULDER OFFICE OF DISASTER MANAGEMENT THIS JOINT AGREEMENT ESTABLISHING THE BOULDER OFFICE OF DISASTER MANAGEMENT (“Agreement”) is made and entered into by and between the County of Boulder, Colorado, a body corporate and politic (“County”), the City of Boulder, a Colorado home rule municipality (“City of Boulder”), and the City of Louisville, Colorado (“City of Louisville”). The County, the City of Boulder, and the City of Louisville may hereinafter be referred to individually as a “Party” or collectively as the “Parties.” RECITALS Whereas, the Colorado Disaster Emergency Act, C.R.S. § 24-33.5-701 et seq., was enacted to reduce the vulnerability of people and communities of Colorado to the damage, injury, and loss of life and property caused by disasters including natural catastrophes and catastrophes of human origin; and Whereas, C.R.S. § 24-33.5-707(1) provides that “each political subdivision is within the jurisdiction of and served by the office of emergency management and by a local or interjurisdictional emergency management agency responsible for the coordination of disaster preparedness, prevention, mitigation, response, and recovery.” Whereas, Boulder County and the City of Boulder first entered into a joint agreement establishing the Boulder Office of Disaster Management (“Office” or “ODM”) as the interjurisdictional emergency management agency for Boulder County and the City of Boulder on June 8, 1993; and Whereas, the County and the City of Boulder entered into a revised joint agreement establishing ODM as the interjurisdictional emergency management agency for Boulder County and the City of Boulder on April 18, 2006; and Whereas, the County and the City of Boulder, along with the City of Louisville, now wish to enter into a new joint agreement establishing ODM as the interjurisdictional emergency management agency for Boulder County, the City of Boulder, and the City of Louisville. Now, therefore, in consideration of the mutual promises herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: AGREEMENT 1. The Parties agree to establish and maintain an interjurisdictional emergency management agency, to be known as the Boulder Office of Disaster Management ("Office” or “ODM”) in accordance with C.R.S. § 24-33.5-707 for

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the purpose of coordinating disaster preparedness, prevention, mitigation, response, and recovery for the County, the City of Boulder, and the City of Louisville. The above recitals are incorporated into this Agreement. 2. The Parties agree that the Office shall: a. Prepare and maintain plans that address disaster preparedness, prevention, mitigation, response and recovery. The Office is responsible for maintaining the Emergency Operations Plan (“EOP”) and the City of Louisville EOP annex, along with associated functional and hazard specific plans. The Office will also support the development and maintenance of the transition to recovery plan, Emergency Operations Center operational plan, public warning plan, urban conflagration plan, evacuation planning, community disaster preparedness plan, support facility emergency plans, continuity of operations plans, support hazard mitigation planning, and the County’s recovery framework. b. Prepare and distribute to the Office of Disaster Management Board of Directors (“ODM Board”) a yearly written work plan of the emergency and disaster responsibilities of the Office. Once approved by the ODM Board, copies shall be made available to local agencies and officials as requested. c. Provide the City of Louisville disaster management programming or services within the calendar year as defined by the ODM Board at the yearly ODM work plan approval meeting. d. The utilization of ODM employees shall be assigned by the ODM Director based on the need to execute the yearly work plan for each participating agency in this agreement. The performance of this agreement shall be maintained through ODM Board communications and required meetings. e. Perform risk assessments using a hazard vulnerability assessment (“HVA”) for hazard mitigation planning and a threat, hazard, identification, risk, assessment (“THIRA”) for all-hazard incidents. The HVA will be conducted on a five (5) year cycle per the hazard mitigation update cycle. The THIRA will be conducted on a three (3) year cycle per national standards and practices. This process is to be facilitated through coordination and collaboration with local, state, federal agencies, volunteer groups and the private sector. f. Coordinate disaster planning, disaster response training, and exercise programs for the City of Boulder, the City of Louisville and the County. Training and exercise programs include emergency operations center (“EOC”) readiness, Incident Command, EOC and Incident Command

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System (“ICS”) Interface, and community readiness. g. Provide recovery planning and training to facilitate efficient implementation of a formal recovery structure that integrates with and transitions from the EOC to the relevant jurisdiction(s) upon establishing recovery capability. The Office is not responsible for the formal recovery structure once the transition from the EOC to the jurisdiction(s) is completed. If the Office of Disaster Management is requested to fulfill recovery duties outside of the transition to recovery phase a proposal may be brought before the ODM Board for discussion and approval. Once a decision is made the ODM Director should adjust the work plan and assign designated staff to the City of Boulder, City of Louisville or Boulder County to perform assigned recovery duties. The Office supports recovery through post-incident community preparedness, community meeting preparation and attendance, performance of reimbursement-related actions as requested, and performance of afteraction reviews and improvement planning. h. Coordinate with local, state, and federal agencies to obtain services, equipment, supplies, materials, and funds for preparing for, preventing, mitigating, responding to, and recovering from disasters which are beyond the response capabilities of the Parties. i.

Negotiate with other governmental entities, including without limitation state agencies, for establishment of such mutual aid agreements as may be necessary, which may include reciprocal pledges of assistance and cooperation subject to approval by each Party’s governing body.

j.

Operate the EOC and coordinate the Multiple Agency Coordinating System (“MACS”), which coordinates the activities of political subdivisions in the County, to minimize suffering and loss of life and property in any natural or human-made disaster through the effective utilization of critical resources. During activations the City of Boulder, the City of Louisville and the County agree to support the EOC through available staffing and department resources. All information technology and software not centric to the EOC’s operations are the responsibility of each jurisdiction. The EOC, when activated, provides emergency support function capabilities, public messaging and joint information system, resource management, situational awareness and planning and policy group coordination. Participating jurisdictions during an activation of the EOC shall follow the EOP, EOC operations manual, and directives from the ODM Board under the direction of the ODM Director.

k. Provide crisis operational management services for local disasters not scaling to the level of a full EOC activation upon any Party’s request.

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l.

Administer alert and warning systems and processes following Boulder County Sheriff’s Communications Center user agreements.

m. Coordinate with local Volunteer Organizations Active in Disasters (“VOAD”) capability to utilize volunteer resources to meet access and functional needs during disasters. n. Provide community disaster preparedness programs. o. Provide initial recovery response services during the operation of the EOC until recovery activities are transferred to the relevant jurisdiction’s formal recovery structure. p. Serve as the Local Emergency Planning Committee Chair for the County, the City of Boulder, and the City of Louisville: i.

Review local emergency operations plans.

ii. Make Tier 2 reports, safety data sheets, and chemical lists available for review. iii. Coordinate with the Boulder County Hazardous Materials Team and law enforcement agencies and fire departments to develop local evacuation plans for Tier II facilities. iv. Establish procedures for receiving and processing requests from the public for information under Section 324 of the Emergency Planning and Community Right to Know Act (EPCRA). v. Receive information from the community emergency coordinator of hazardous chemical releases reported by owners or operators of covered facilities required to submit Tier 2 reports. vi. Coordinate with local hazardous materials response agencies to offer yearly hazardous materials exercise. 3. A director of the Office shall be appointed by the ODM Board. The ODM Director shall be accountable to the Boulder County Sheriff for day-to-day administration and to the ODM Board for strategic direction, performance expectations and organizational outcomes. In the event of a conflict between operational direction form the ODM Board, the ODM Board shall serve as the final authority. a. The ODM Board shall consist of the Boulder County Administrator, the City of Boulder City Manager, the City of Louisville City Manager and the Boulder County Sheriff. The ODM Board’s role is to make overall

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governance, budget, and policy decisions of the Office. The Sheriff shall, with input from the ODM Board, evaluate the ODM Director annually for satisfactory performance. Staff of the Office shall include a deputy director (“ODM Deputy Director”), administrative assistant and three (3) disaster management coordinators. Additional supporting personnel shall be staffed as deemed appropriate, who shall report to the ODM Director. In the absence of the ODM Director, the ODM Deputy Director shall assume full authority of the Office, including reporting to the ODM Board. The County shall maintain written job descriptions for the ODM Director, ODM Deputy Director and other Office staff. The ODM Director, ODM Deputy Director and other staff of the Office shall be employees of the County, subject to County personnel policies and procedures and shall not be considered employees of any other Party, subject to Section 9 of this Agreement. b. A First Responder Operational Council (“Operational Council”) shall consist of the ODM Director, ODM Deputy Director, the City of Boulder Fire Chief, the City of Boulder Police Chief, the Sheriff’s Office Operations Division Chief, the Louisville Fire Protection District Fire Chief, the City of Louisville Police Chief, and the Mountainview Fire Protection District Fire Chief. The Operational Council’s role is to improve the disaster management system in the County through guidance, recommendations and advice on decisions for the development and implementation of the programs and services provided by the Office. The Operational Council’s program recommendations require approval by the ODM Board through the yearly work plan process before implementation. The Operational Council shall meet as necessary to effectively develop, implement and monitor the progress of approved initiatives. The ODM Director is responsible for scheduling, setting the agenda, maintaining documentation and follow-up actions for meetings of the Operational Council. c. A Consequence Management Council (“Management Council”) shall consist of the ODM Director, the ODM Deputy Director, the Deputy County Administrator, and the Deputy/Assistant City Managers from the City of Boulder and City of Louisville. The Management Council’s role is to improve the disaster management system in the County through guidance, recommendations and advice on decisions for the development and implementation of the emergency support functions, Continuity of Operations Plan (“COOP”), and recovery and community preparedness programs and services provided by the Office. The Management Council’s recommendations require approval by the ODM Board through the yearly work plan process before implementation. The Management Council shall meet as necessary to effectively develop, implement and monitor the progress of approved

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initiatives. The ODM Director is responsible for scheduling, setting the agenda, maintaining documentation and follow-up actions for meetings of the Management Council. 4. The ODM Director and ODM Board shall meet at least twice annually. The agenda of the meeting shall include review, planning and direction of disaster management activities for the appropriate season(s). Additional meetings may be held to address other potential hazards or matters as needed. 5.

All funding necessary to maintain the staffing and operations of the Office, in excess of federal, state and local monies appropriated to the Office and the required contribution from the City of Louisville ($75,000 operating expenses), will be provided equally (on a 50/50 cost share basis) by the City of Boulder and the County, subject to and in accordance with a joint budget approved by the Board of County Commissioners and the City of Boulder City Manager and City of Boulder City Council. Costs related to payroll, finance, human resources and administrative functions are covered by the County except for such costs for Louisville disaster management coordinators.

6. The City of Louisville shall employ two full-time employees as disaster management coordinators (“City of Louisville ODM Coordinators”) who will operate under the daily supervision of the ODM Director for all operational matters. The Office of Disaster Management is responsible for administrative daily and operational personnel management. Any performance management, disciplinary actions, and final personnel decisions shall be made by the Louisville City Manager with formal input from the ODM Director. a. The City of Louisville agrees to fund (2) full-time disaster management coordinator employees, using ODM coordinator pay scale and Louisville benefits package for determining total compensation. The City of Louisville shall be responsible for all payroll, finance, benefits of employment, workers’ compensation coverage, and human resource services for these employees. b. The hiring process is the responsibility of the City of Louisville with input from ODM to include hiring parameters necessary to be effective in fulfilling disaster management’s mission. Input includes assistance in developing assessment tools and participating in the process as evaluators and making final selection recommendations to the City of Louisville City Manager. c. The City of Louisville ODM Coordinators shall be assigned to the Office of Disaster Management as contract employees. This classification of employees permits building access, IT access, vehicle operation and other requirements of employment to operationally

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d.

execute duties. The City of Louisville ODM Coordinators shall complete the criminal background check required by the Boulder County Sheriff’s Office.

e. Louisville agrees to pay annual operational funding in the amount of $75,000. This funding level is subject to adjustments as determined through the annual budget process described in Paragraph 7 of this Agreement. The City of Louisville agrees to remit payment according to invoice terms provided by the County within thirty days of receipt. 7. At the beginning of each year (no later than January 30th) The ODM Director working with the ODM Board shall present a budget assessment to the principals for the City of Boulder, Boulder County and the City of Louisville estimating the cost share for each Party for the next year’s operational expenses. Any supplemental funding allocation requested by the Office shall be considered by Boulder County, the City of Boulder and the City of Louisville before the allocation is granted. No supplemental allocation shall be approved for funding requests which are necessitated by differences in personnel policies between the County and the City of Boulder. a.

The City of Boulder, the City of Louisville or the County may separately add capacity or capabilities to the Office of Disaster Management at their discretion, as deemed necessary to improve its own capacity or operations. This situation is rare and, if exercised, any such costs incurred by a single Party will not be included in any cost share calculations.

b.

The yearly funding shall continue to be provided by the agency that encumbered the costs and shall remain separate from the cost share funding formula as set forth in this Agreement.

8.

To the extent not performed by the Office, the County agrees to perform any required administrative functions of the Office including payroll, finance administration, and receipt and disbursement of state and federal warrants.

9.

The Parties shall be jointly responsible for defending any liability claims made by persons not parties to this Agreement that arise out of the acts or omissions of the employees of the Office including the ODM Director, the ODM Deputy Director, and any other staff hired by the ODM Director for operation of the Office, unless those employees are solely employed by a single party for purposes of additional staffing of the Office pursuant to Section 7(a) above. Joint responsibility of the defense of claims shall include financial responsibility for defense and settlements of claims by third parties and shall be shared equally by the Parties. The defense or settlement of any liability claims arising out of the acts or omissions of employees outside the

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Office shall be the sole responsibility of the employing entity. 10. Nothing in this Agreement shall be construed in any way to be a waiver of any Party’s immunity protection under the Colorado Governmental Immunity Act, C.R.S. § 24- 10-101, et seq., as amended. 11. This Agreement represents the complete agreement between the Parties and terminates any prior agreements between any of the Parties related to the Office. The provisions of this Agreement may be modified only upon written approval of all Parties. This Agreement may not be assigned without prior written consent of all Parties. a. At the three-year mark of this agreement, the City of Boulder, Boulder County, Boulder County Sheriff and City of Louisville shall evaluate whether City of Louisville Disaster Management Coordinators should consider transitioning to Boulder County full time employment status as an ODM employee. This review shall include cost analysis, operational effectiveness, liability implications and human resource efficiency. If all parties agree the IGA should be updated to reflect the change. 12. The Parties will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Agreement through negotiations prior to terminating this Agreement. All Parties to this Agreement shall have the right to terminate this Agreement upon 180 days’ written notice to the other Parties, which shall be sent by certified mail, return receipt requested to the governing bodies of the non-terminating Parties. 13. The enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the Parties and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other or third person. It is the express intent of the Parties to this Agreement that any person receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 14. The other provisions of this Agreement notwithstanding, each Party is prohibited by law from making commitments beyond the current fiscal year. Financial obligations hereunder beyond the current fiscal year are contingent on the appropriation and continuing availability of funding in any subsequent year. Each Party has reason to believe that sufficient funds will be available for the duration of this Agreement. Where, however, funds are not allocated for any fiscal period beyond the current fiscal year, any Party may terminate their participation in this Agreement without penalty by providing thirty (30) days’ written notice to the other Parties, which shall be sent by certified mail, return receipt requested to the governing bodies of the non-terminating Parties.

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15. The laws of the State of Colorado govern the construction, interpretation, performance, and enforcement of this Agreement. The failure of any Party to exercise any of its rights under this Agreement will not be deemed a waiver. All remedies available to a Party under this Agreement are cumulative and in addition to every other remedy provided by law. If any provision of this Agreement becomes inoperable for any reason but its fundamental terms continue to be legal and enforceable, then the remainder of this Agreement will continue to be operative and binding on the Parties. The Parties agree that this Agreement may be executed in multiple counterparts, each of which will be deemed an original, but all of which will constitute one agreement. The Parties approve the use of electronic signatures and will not deny the legal effect of this Agreement solely because it is in electronic form. 16. NO PARTY SHALL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. 17. Each Party recognizes that this Agreement is legally binding and acknowledges that it has had the opportunity to consult with legal counsel of its choice about this Agreement. The rule of construction providing that ambiguities are resolved against the drafting Party will not apply to interpretation of this Agreement. 18. Each Party is a “public entity” under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, and shall always during the terms of this Agreement maintain such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. This insurance shall have minimum limits, which shall match or exceed the maximum governmental liability limits set forth in C.R.S. § 24-10-114, as amended.

[SIGNATURE PAGES FOLLOW]

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The Parties to this Agreement have caused it to be executed by their authorized officers as of the day and year first above written. BOULDER COUNTY: ____________________________________ Date: ____________________ Board of County Commissioners Boulder County, Colorado ____________________________________ Attest: Clerk to the Board CITY OF BOULDER: ____________________________________ Date: ____________________ City of Boulder City Manager ____________________________________ Attest: City Clerk ____________________________________ Approved as to Form: City Attorney’s Office CITY OF LOUISVILLE ____________________________________ Date: ______________________ City of Louisville Mayor

____________________________________ Attest: City Clerk

Approved as to Form: ___________________________________ Boulder County Sheriff

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