HomeMy WebLinkAbout#04 - Code Red Joint Power Agreement STAFF REPORT
DATE: December 17, 2024
CONSENT
TO: City Council
FROM: Dustin Kalis, Fire Chief
AGENDA ITEM: Approve Joint Powers Agreement Between Washington County and the City of
Lake Elmo for Mass Community Notification System
REVIEWED BY: Nicole Miller, City Administrator
BACKGROUND:
Washington County and the City of Lake Elmo uses a mass community notification system to deliver
geo-targeted, time-sensitive information via email, SMS, voice, mobile app push notifications,
IPAWS and more depending on the severity of the situation. The notification system is used to send
critical communications, from evacuation notices and weather-related emergencies to missing person
alerts. This notification system has been used within Washington County since 2010.
ISSUE BEFORE COUNCIL:
Should the City Council approve joint powers agreement between Washington County and the City
of Lake Elmo for mass community notification system?
PROPOSAL DETAILS/ANALYSIS:
The current joint powers agreement is set to expire on December 31, 2024. The renewed agreement
will go into effect on January 1st, 2025. The county will no longer be billing an annual fee. The
agreement will remain in effect until such time as one or both parties terminate the agreement as
provided herein. The City may cancel this agreement with or without cause at any time upon giving a
thirty (30) days’ written notice to the County Sheriff or designee.
FISCAL IMPACT:
There is no budget impact with this agreement. Washington County has entered into an agreement and
purchases minutes annually to assist all agencies with Washington County. The minutes purchased by
the County are used for all emergency notifications at no cost to the city.
OPTIONS:
1) Approve joint powers agreement
2) Amend and then approve the joint powers agreement
3) Do not approve the joint powers agreement
RECOMMENDATION:
If removed from the consent agenda:
Motion to approve joint powers agreement between Washington County and the City of Lake Elmo
for mass community notification system?
ATTACHMENTS:
• Joint Powers Agreement Between Washington County and the City of Lake Elmo for Mass
Community Notification System
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JOINT POWERS AGREEMENT
BETWEEN WASHINGTON COUNTY AND THE CITY OF LAKE ELMO
FOR A MASS COMMUNITY NOTIFICATION SYSTEM
THIS AGREEMENT is made by and between political subdivisions organized and existing under the
Constitution and laws of the State of Minnesota. Washington County, hereinafter “County”, and the City
of Lake Elmo, hereinafter “City”, are the parties to this agreement.
WHEREAS, both political subdivisions, through their law enforcement agencies, manage threats to
public health, safety, and welfare.
WHEREAS, Minnesota Statute Section 471.59, commonly known as the Joint Powers Act, provides that
two or more governmental units may, by agreement, jointly exercise any power common to the
contracting parties.
WHEREAS, the County has entered into a contract for a Mass Community Notification System,
hereinafter “System”, for the purpose of sending mass notifications to homes, businesses, and mobile
phone devices.
WHEREAS, the County has agreed to purchase sufficient minutes annually to assist the agencies within
Washington County to provide necessary mass emergency notifications.
WHEREAS, the City is in need of having the ability to communicate with the public in a timely manner
during both emergency and non-emergency situations.
WHEREAS, at the request of the City, the County is willing to provide a System to meet this need.
NOW THEREFORE, pursuant to the authority contained in Minnesota Statute Section 471.59, and in
consideration of the mutual covenant contained herein and the benefits that each party hereto shall
derive, the County and City hereby agree to the following terms and conditions.
PURPOSE
The purpose of this joint powers agreement is set forth in the recitals contained above, which are
incorporated by reference and fully set forth herein.
COUNTY’S RESPONSIBILITIES
1. The County agrees to enter into a contract for the purchase of sufficient minutes annually for
the System.
2. The County will develop a policy related to the use and maintenance of the System.
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3. The County will assign an employee as the System administrator.
4. The County agrees to train the Emergency Communications Response Center, hereinafter
“ECRC”, personnel in the operation of the System.
5. The County will periodically test the System to ensure it is operating properly.
6. The County will monitor the number of minutes used by all agencies to ensure there is sufficient
minutes available in the event of an emergency.
CITY’S RESPONSIBILITIES
1. The City will conform to the policy developed by the County related to the use and maintenance
of the System.
2. The City’s representative will be responsible for notifying the County’s ECRC for emergency
notifications. Emergency notifications are defined in the policy as those that are related to
public safety or public health.
3. The City’s representative will be responsible for determining the content of any emergency
notification message, in addition to the geographic area the message is to be sent.
4. The County’s ECRC personnel will assist in preparing emergency notifications and will be
responsible for initiating the call procedures through the System at the direction of the City’s
representative.
5. The City’s representative has the option to send general notifications through a web-based
server, or the City’s representative may contact the ECRC to send general notifications on their
behalf. General notifications are defined in the policy as those that are for the purpose of public
notification and do not meet the criteria of an emergency notification.
TERM OF AGREEMENT
The term of this agreement shall begin on January 1, 2025, the date of the signature of the parties
notwithstanding. This agreement will remain in effect until such time as one or both parties terminate
the agreement as provided herein.
TERMINATION
The County may cancel this agreement with or without cause at any time upon giving a thirty (30) days’
written notice to the City Administrator or designee.
The City may cancel this agreement with or without cause at any time upon giving a thirty (30) days’
written notice to the County Sheriff or designee.
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COST AND PAYMENT
The minutes purchased by the County annually will be used for all emergency notifications at no cost to
the City.
The County will monitor the number of minutes available. If the number of minutes available becomes
insufficient, the County, at its discretion, will bill the City for general notification minutes used at a rate
of $0.25 per minute. These funds will be retained by the County for the sole purpose of purchasing
additional minutes. The City shall pay the County within thirty (30) days of being invoiced.
INDEPENDENT CONTRACTOR
Nothing within this agreement 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 County for any purpose or in any manner whatsoever.
ASSIGNMENT
The City shall not assign any services contemplated under this agreement.
AUDITS, REPORTS, RECORDS, AND MONITORING PROCEDURES/RECORDS AVAILABILITY & RETENTION
Pursuant to Minnesota Statute Section 16C.05 Subdivision 5, the City will:
1. Maintain all books, records, documents, and accounting procedures and practices that are
related to and/or relevant to this agreement.
2. Agree that the County, the State Auditor, or legislative authority, or any of their duly authorized
representatives at any time during normal business hours, and as often as they may deem
reasonably necessary, shall have access to and the right to examine, audit, excerpt, and
transcribe any books, records, documents, and accounting procedures and practices that are
related to and/or relevant to this agreement. The City agrees to maintain these records for a
period of six (6) years from the date of the termination of this agreement.
INDEMNIFICATION
The City agrees it will defend, indemnify, and hold harmless the County, its officers, and employees
against any and all liability, loss, costs, damages, and expenses which the County, 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.
The liability of the parties under this agreement shall be governed by Minnesota Statutes Section 471.59
Subdivision 1a. 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.
INSURANCE REQUIREMENTS
The City agrees that in order to protect itself, as well as the County, 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:
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1. Maintain membership and participation in the League of Minnesota Cities Insurance Trust or
commercial general liability insurance with contractual liability coverage in the amount of the
City’s and County’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 County’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 County 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 (30) days’ notice thereof to the County.
DATA PRACTICES
All data collected, created, received, maintained, or disseminated for any purpose by the activities of the
City, because of this agreement, shall be governed by the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as amended, and the Rules implementing the Act now in force or as
amended, as well as federal regulations on data privacy.
IN TESTIMONY WHEREOF, the parties have duly executed this agreement by their duly authorized
officers:
WASHINGTON COUNTY CITY OF LAKE ELMO
_____________________________________ _____________________________________
County Board Chair Date Date
_____________________________________ _____________________________________
County Administrator Date Date
Approved as to form:
_____________________________________
Assistant County Attorney Date