HomeMy WebLinkAbout2011-08-10 PACKET 04.I.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 08/10/11
PREPARED BY Public Safety Craig A. Woolery
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
City Council pass a motion to approve the Joint Powers Agreement between the Washington
County Sheriff's Office and the City of Cottage and authorize execution of the agreement
between the City of Cottage Grove and the Washington County Sheriff's Office and authorize
the Mayor, City Administrator and Director of Public Safety to execute such an agreement on
behalf of the City of Cottage Grove.
STAFF RECOMMENDATION
City Council pass a motion to approve the Joint Powers Agreement and authorize execution of
the agreement between the City of Cottage Grove and the Washington County Sheriffs Office
and authorize the Mayor, City Administrator and Director of Public Safety to execute such an
agreement on behalf of the City of Cottage Grove.
SUPPORTING DOCUMENTS
® MEMO /LETTER: from Director of Public Safety Craig Woolery
RESOLUTION:
❑ OTHER: Washington County Sheriffs Office Joint Powers Agreement
ADMINISTRATORS COMMENTS
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COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
Date: August 4, 2011
CODE RED MASS TELEPHONE NOTIFICATION
JOINT POWERS AGREEMENT
INTRODUCTION
Washington County communities have long awaited an effective community notification
system. Washington County has purchased the Code RED system. This system
employs internet mapping capability for geographic targeting of calls, coupled with high
speed telephone calling system capable of delivering customized pre- recorded
emergency messages directly to homes, mobile devices and businesses (including
facebook and twitter) whether answered by an individual or answering machine at a rate
of up to 60,000 calls per hour. The Public Safety Department is requesting the Mayor
and City Council's authorization to enter into an agreement with Washington County to
utilize Code RED in Cottage Grove.
DISCUSSION
Washington County recently purchased the Code RED system for a cost of $33,750.00
per year. Washington County has paid the costs for 2011 and purchased 80,000
minutes for the remainder of the year. For 2012, Washington County is asking cities to
share the annual cost at a rate of $.07860 x the population. Cottage grove's 2012 rate
would be $.07860 x 34,589 = $2,718.69. Washington County is budgeting $15,000.00
for 2012. The number of minutes for use in 2012 is 150,000. All emergency (life safety)
messages are covered at no additional cost to an agency. Unused funds or minutes will
be carried over to the following year. General messages would incur a $.25 per minute
charge. Those fees would be used to purchase additional minutes on Code RED.
Text messaging is free and does not count against the total minutes. This could be a
solution to reduce or eliminate pagers or provide an effective means of notification to
specific groups such as employees or elected officials.
The information from users to Code RED is kept private and confidential and will not be
sold or distributed to other entities. If approved, end users can easily register online
through a link provided on the city web page.
RECOMMENDATION
Authorize Cottage Grove to enter into a Joint Powers Agreement between the
Washington County Sheriff's Office and the City of Cottage Grove.
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1. Policy Overview
The Washington County Sheriff's Office 911 PSAP(Public Safety Answering Point) has
implemented a Mass Telephone Notification System (MTNS) that allows the PSAP and
authorized users to contact citizens and staff regarding an imminent danger or
emergency that may affect public health, safety, or welfare.
The Washington County Sheriff's Office PSAP operates the MTNS on behalf of all
participating departments in Washington County and is responsible for assuring the
system is used in accordance with the guidance set forth in this document.
1.1 System Overview
The Mass Telephone Notification System (or MTNS, or System) is a rapid
communication service available for Mass Emergency Notifications. MTNS employs
internet mapping capability for geographic targeting of calls, coupled with high
speed telephone calling system capable of delivering customized pre- recorded
emergency messages directly to homes, mobile phone devices and business,
whether answered by an individual or answering machine at the rate of up to 60,000
calls per hour. It also has the capability to notify subscribers through text message,
email, Facebook, SMS and Twitter. MTNS subscribers control their emergency
broadcasts from anywhere in the world via a secure internet portal.
1.2 Definitions
1.2.2 Notification Scenario
A Notification Scenario is a situation where property or human life is in jeopardy or
where notification would assist a public safety agency in the accomplishment of a
critical task.
1.2.3 Scenario Types
In order to provide for standardized conditions of use, the WCSO shall define
authorized message types that will be transmitted using the MTNS system as:
a. Emergency Notifications: Notifications that are sent by a participating agency
that are related to public safety or public health.
b. General Notifications: Notifications that are sent by an agency for the purpose
of public notification. General Notifications are those that do not meet the
criteria of a Emergency Notification.
1.2.4 Authorized System User
Authorized System User means:
(1) The Washington County Administrator, the Sheriff, and /or the county
Emergency Management Manager. A city administrator, police chief and /or
fire chief of a jurisdiction in Washington County. The department head of a
jurisdiction non - public safety department within Washington County. It shall
be the responsibility of the county /city administrator to identify any other
appropriate users.
(2) An individual designated in writing by an Authorizing System User described
above. The Authorized System User has the authority to request a Trained
User to activate a notification scenario.
1.2.5 Other Participating Entities
Government organizations not defined in section 1.2.4 and private organizations
which by the nature of their business activities have the potential need to contact
citizens and staff regarding an imminent danger or emergency that may affect public
health, safety, or welfare may be authorized by the Washington County Sheriff to
utilize the MTNS. Such participation is conditioned upon a properly executed
written agreement with the Washington County Sheriff's Office establishing terms,
conditions and costs for system use. Their use of the system will be approved
through the public safety entity within the jurisdiction.
1.2.6 Trained User
Trained User means an individual who has satisfactorily completed the training
curriculum prescribed by the Sheriff's Office for accessing and activating the
Notification Scenario and been designated by an Authorized System User as
someone who has permission to activate a Notification Scenario. In its sole
discretion, the Washington County Sheriff may limit the number and identity of
Trained Users that have direct access to the System.
1.2.7 WCSO MTNS System Administrator
The Washington County Sheriff's Office will designate an employee of the PSAP as
the System Administrator. The WCSO System Administrator is responsible for the
overall administration of the System which includes maintaining lists of Authorized
System Users and Trained System Users and acts as the primary contact for all users
for System related changes or issues.
1.3.1 Point of Contact
A participating entity, whether public or private that is authorized to activate the
WCSO MTNS System, shall provide the MTNS System Administrator with a Point of
Contact who administers the System for that entity.
1.3.2 System Maintenance and Integrity
The Point of Contact named in section 1.3.1 shall:
• Maintain an up -to -date roster of all Authorized Users and Trained Users and
send a copy of the roster to the MTNS System Administrator and notify the
same of any changes in Users.
• Ensure that Trained Users are available during their normal work hours and
receive annual refresher training on the MTNS system or as needed.
• Request training, or training materials as needed.
• Ensure that access to the MTNS system is limited to Trained Users.
• Protect and limit the use of the assigned user name and password which
grants access to the system website. In the event a Trained User is no longer
authorized to access and activate the system, the password shall be changed
immediately.
• Take any and all steps necessary to protect the information within the MTNS
database from misuse or release to unauthorized parties.
• Notify the MTNS System Administrator of any system security breaches or
suspected tampering.
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1.4.1 Frequency
The MTNS System Administrator will coordinate with Authorized System Users to
conduct quarterly testing of the system.
1.4.2 System Discrepancies
Any problems or discrepancies within the system identified during testing shall be
reported to the MTNS System Administrator immediately for action.
1.5.1 Voice Messages
Authorized System Users will submit a request to the WCSO PSAP to initiate a voice
notification consisting of an outbound telephone notification by voice message. The
WCSO PSAP Shift Supervisor or designee will then activate the MTNS system for such
requests for outbound telephone notifications. Private sector users will coordinate
activation through their public safety partner.
1.5.2 Pager, Text, and Email Notifications
Pager, text, and email notifications through the MTNS can be sent by Trained Users
of any Participating Entity at no additional cost to the user agency.
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The Washington County Sheriff's Office MTNS system designates 150,000 minutes
per year of connected call time for usage by the Sheriff's Office and authorized
users.
1.6.1 Designation of Time
® All Emergency Notifications, as defined in section 1.2.3 will be activated by
WCSO at no additional cost to the member agency, except that Emergency
Message Notifications sent at the request of a non - public safety government
entity as defined in section 1.2.5 shall be billed to the requesting agency at
the current approved rate.
® General Notifications, as defined in section 1.2.3, sent at the request of the
member agency will be billed to the requesting agency at the current
approved rate.
• General Notification billing rates may be adjusted by the Sheriff. These rates
will be established in the current Code Red agreement.
• The WCSO System Administrator is responsible for coordinating the use of
500 system minutes for testing and training.
® Funds resulting from General Notifications and monthly recurring fees from
other participating entities will be maintained by the WCSO and applied to
the purchase of additional voice call minutes once the allotted 150,000
prepaid minute bank is exhausted.
® In the event that not all of the 150,000 prepaid minutes are used during a
contract period, the funds collected from a participating agency for General
Notifications will be carried forward to the following year. The WCSO will
retain those funds and apply them towards any future General Notifications
sent by that agency or for the purchase of "roll over minutes' as defined in
the Code Red Contract.
1.7 Official Use Only
The WCSO MTNS system will be used for official use only. It is the responsibility of
Authorized Users to assure that all notifications they request are compliant with the
message definitions described in section 1.2 of this policy.
The PSAP shall be informed of all activations in order to respond to follow up calls
and questions from the public or agency staff.
1.9 Message Types
The MTNS system shall be used for incidents where rapid and accurate notification
is essential for public safety.
1.9.1 Emergency Notifications
Emergency voice notifications shall be limited to:
• Incidents requiring the public to evacuate.
• Incidents requiring the public to shelter in place.
• Incidents involving missing children.
• Incidents involving missing vulnerable adults.
• Incidents involving any other imminent threat to public health or safety
where protective actions by the public are necessary.
• Notification of Member Agency or other participating entity critical staff
when Emergency Notification methods are not functioning or are otherwise
unavailable for use.
The WCSO system may be used for incidents where authorized entities deem the
situation suitable for activation.
1.9.2 General Notifications
General Notifications shall be limited to:
• Missing person notifications not including those described in section 1.9.1
• Dissemination of Crime Prevention information with no imminent threat to
public safety.
• Special Notifications.
• Member agency requested tests /drills.
City or Township
2010 Population
Code Red Cost per year /.07860 x Population
Afton
2,886
$226.83
Bayport
3,471
$272.82
Baytown Township
1,723
$135.42
Birchwood Village
870
$68.38
Cottage Grove
34,589
$2,718.69
Dellwood
1,063
$83.55
Denmark Township
1,737
$136.52
Forest Lake
18,375
$1,444.27
Grant
4,096
$321.94
Grey Cloud Island Twp
289
$22.71
Hugo
13,332
$1,047.89
Lake Elmo
8,069
$634.22
Lake St Croix Beach
1,051
$82.60
Lakeland
1,796
$141.16
Lakeland Shores
311
$24.44
Landfall
686
$53.92
Mahtomedi
7,676
$603.33
Marine St Croix
689
$54.15
May Township
2,776
$218.19
Newport
3,435
$270.00
Oak Park Heights
4,339
$341.04
Oakdale
27,378
$2,151.91
Pine Springs
408
$32.06
Scandia
3,936
$309.36
St. Marys Point
368
$28.92
St. Paul Park
5,279
$414.92
Stillwater
18,225
$1,432.49
Stillwater Twp
2,366
$185.97
West Lakeland Twp
4,046
$318.01
White Bear Lake
403
$31.67
Willernie
507
$39.85
Woodbury
61,961
$4,870.13
Total
238,136
$18,717.36
JOINT POWERS AGREEMENT BETWEEN THE WASHINGTON COUNTY SHERIFF'S
OFFICE AND THE CITY OF COTTAGE GROVE
THIS AGREEMENT is made by and between political subdivisions organized and existing under
the Constitution and laws of the State of Minnesota. Washington County a political subdivision
by and through its Sheriffs Office (hereinafter "Provider ") and the City of Cottage Grove
Minnesota, a municipal corporation, (hereinafter referred to as the "City ") are the parties to this
agreement.
WHEREAS, both political subdivisions through their law enforcement agencies manage threats
to public health and safety.
WHEREAS, Minnesota Statutes Section 471.59 provides that two or more governmental units
may by Agreement jointly exercise any power common to the contracting parties.
WHEREAS, The Provider has entered into a contract with Emergency Communications
Network for the purpose of providing a Mass Emergency Notification System also known as
Code Red.
WHEREAS, The provider has agreed to purchase 150,000 minutes from Emergency
Communications Network for the purpose of sending Mass Emergency Notifications to home,
business or cell phones.
WHEREAS, the Provider has agreed to purchase the Mass Emergency Communication system
to assist agencies within Washington County provide necessary emergency and non emergency
mass notifications.
WHEREAS, The City is in need of having the ability to communicate with the public in a timely
fashion during both emergency and non emergency situations.
WHEREAS, At the request of the City, the Provider is willing to provide a Mass Emergency
Notification System.
NOW THEREFORE, Pursuant to the authority contained in Minnesota Statute Section 471.59.
commonly known as the Joint Powers Act which authorizes two or more governmental units to
jointly exercise any power common to them and /or Minnesota Statutes Sections 626.76 and in
consideration of the mutual covenant herein contain and the benefits that each party hereto
shall derive hereby the Provider and City agree to the following terms and conditions.
The purpose of this joint powers agreement is set forth in the recitals contained in the
above whereas clauses which are incorporated by references if fully set forth herein.
CITY'S RESPONSIBILITIES
1. When needed, the City's representative shall be able to utilize the Mass Emergency
Notification Communication System by notifying the Washington County Sheriff's Office
911 PSAP for Emergency Notifications. Emergency Notifications are those that are
related to public safety as defined in the Code Red Policy. The 150,000 minutes
purchased by the provider will be used for all Emergency Notifications at no additional
cost to the City.
2. The City agrees to pay the Provider $2,718.69 for the purpose of purchasing it's
proportionate share of 150,000 Emergency Notification minutes per year.
3. The City will conform to any Policy developed by Provider related to the use and
maintenance of Code Red.
4. The City's representative shall be responsible for determining the content of any
Emergency Notification message in addition to the geographic area the message is to be
sent.
5. The Washington County 911 PSAP Center personnel will assist in preparing Emergency
Notifications as defined in the Code Red Policy and will be responsible for initiating the
call procedures through Code Red at the direction of the City's authorized
representative.
6. The City's representative will be responsible for sending any General Notifications, as
defined in the Code Red Policy, through a web based server. General Notification
minutes used will be paid by the City to the Provider at an additional contracted rate of
.25 per minute. Those funds will be retained by the provider for the sole purpose of
purchasing minutes on the Code Red System.
7. For every additional year this agreement is extended the Provider will invoice the City at
a rate of $ 2,718.69 per year for emergency notification minutes.
8. City will be responsible for the payment of additional year(s) extension upon receipt of
the invoice from the Provider.
PROVIDER'S RESPONSIBILITIES
1. Provider agrees to enter into a contract with Emergency Communications Network for
the purchase of 150,000 minutes of the Code Red Mass Notification System in 2012.
2. Provider will develop a policy related to the use and maintenance of the Code Red
System.
3. Provider will assign a 911 PSAP employee as the Code Red System administrator.
4. Provider agrees to train the 911 PSAP personnel in the operation of the Code Red
System.
5. Provider agrees to train the City representative in the use of the Code Red System.
6. The Provider will test the Code Red System to ensure the system is operating properly.
7. The Provider will monitor the number of minutes used by all agencies to ensure there is
sufficient number of minutes available in the event of an emergency.
TERM OF AGREEMENT
The initial Term of this Agreement shall be from January 01, 2012 and ends December 31,
2012, the date of the signature of the parties notwithstanding, unless earlier terminated in
accordance with the termination clause. After the initial Term, this Agreement will automatically
renew for two additional one year periods with the final termination date of December 31 2014,
unless the automatic extension is cancelled by the City in accordance with the termination
clause.
PAYMENT
The City shall pay the Provider within 30 days of being invoiced for the City's annual portion of
the Code Red System or for any General Message minute usage.
INDEPENDENT CONTRACTOR
It will be agreed that nothing within the contract is intended or should be construed in any
manner as creating or establishing the relationship of co- partners between the parties or as
constituting the City as the agent, representative, or employee of the Provider for any purpose
or in any manner whatsoever.
ASSIGNMENT
The City shall not assign any services contemplated under this agreement.
RECORD DISCLOSRES /MONITORING
Pursuant to Minn. Statute 16C.05 SURD. 5, the books, records, documents and accounting
procedures and practices of the contractor relevant to the contract are subject to examination by
the County and either the legislative auditor or the state auditor, as appropriate. The contractor
agrees to maintain and make available these records for a period of six years from the date of
termination of this agreement.
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a. The City agrees it will defend, indemnify and hold harmless the Provider, its officers and
employees against any and all liability, loss, costs, damages, and expenses which the
Provider, its officers, or employees may hereafter sustain, incur, or be required to pay
arising out of the negligent or willful acts or omissions of the City in the performance of
this agreement.
b. The liability of the parties under this agreement shall be governed by Minnesota Statutes
section 471.59 subdivision 1 a. Each party to this agreement shall be liable for its own
acts or omissions and shall not be liable for the acts or omissions of any other party to
this agreement.
The City agrees that in order to protect itself, as well as the Provider, under the indemnity
provisions set forth above, it will at all times during the term of this Agreement, keep in force the
following insurance protection in the limits specified:
1. Maintain membership and participation in the Minnesota League of Cities Trust or
Commercial General liability Insurance with contractual liability coverage in the amount
of the City's and Provider's tort liability limits set forth in Minnesota Statute Section
466.04 and as amended from time to time.
2. Automobile coverage in the amount of the City's and Provider's tort liability limits set
forth in Minnesota Statute Section 466.04 and as amended from time to time.
3. Worker's Compensation in statutory amount.
Prior to the effective date of this Agreement, the City will furnish the Provider, with certificates of
insurance as proof of insurance. This provision shall be set as a condition subsequent; failure to
abide by this provision shall be deemed a substantial breach of contract.
Any policy obtained and maintained under this clause shall provide that it shall not be cancelled,
materially changed, or not renewed without thirty days notice thereof to the Provider.
All data collected, created, received, maintained, or disseminated for any purposes by the
activities of the contractor, because of this agreement, is governed by the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota
Rules implementing such Act now in force or as adopted, as well as federal regulations on data
privacy.
a. Provider may cancel this Agreement with or without cause at any time upon giving a 30
days written notice to the City Administrator or designee. The City may cancel this
Agreement with or without cause at anytime upon giving a 30 days notice to the
Washington County Sheriff or designee. No monies paid will be refunded to the City
upon termination of this contract.
b. During the initial or subsequent term if the City does not want to exercise the automatic
one year renewal, it must provide written notice of such to Provider at least 90 days prior
to December 31" of the current year.
c. If Provider does not renew its contract with Emergency Communication Network for
150,000 minutes of the Code Red Mass Notification System for years 2013 and or 2014,
the Provider will notify the City 30 days prior to December 31s 2012 or December 31s
2013 respectively.
WASHINGTON COUNTY COTTAGE GROVE
BY: DATE: BY: DATE:
County Board Chair Mayor Myron Bailey
BY: DATE: BY: DATE:
County Administrator City Administrator Ryan Schroeder
BY: DATE: BY: DATE:
Sheriff Director of Public Safety Craig Woolery
Approved to as form:
Asst County Attorney