6. Washington County BoldPlanning software1
Neil Soltis
From:Kelli Matzek <Kelli.Matzek@co.washington.mn.us>
Sent:Friday, February 2, 2018 11:24 AM
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Subject:IMPT - FEB 9th deadline
Attachments:BoldPlanning cities COOP EOP JPA agreement.DOCX
Importance:High
Good morning,
Washington County continues to move forward with rolling out BoldPlanning software to those cities and townships that
are interested in utilizing the cloud-based system for their Emergency Operations Plan (EOP) and/or Continuity of
Operations Plan (COOP). We have been advised through our County Attorney that this will be done through a JPA. A
DRAFT JPA is attached for your review.
In an effort to meet our deadline for launching the BOLD database, we need a response from your jurisdiction BY
FRIDAY, FEBRUARY 9TH:
- First, a yes or no – do you want to be included in BoldPlanning? Please specify COOP and/or EOP This does
not lock you in officially, but lets me know who to contact in the future. If we have not received a response
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from you by February 9th, we will assume your jurisdiction will not be participating and will not receive
future emails.
- Second, if you have meaningful changes or concerns regarding the attached DRAFT JPA please forward them
to me prior to the deadline (stated above). We are looking at a February 27th County Board meeting to
have the JPA approved and will THEN ask the participating cities and townships to approve the county board
approved JPA at your council or town board meeting.
Benefits to your jurisdiction:
- The county has grant funding to pay for the annual maintenance fee AND an initial training session with
BoldPlanning.
- Technical assistance from BoldPlanning is included in the fee paid for through the grant.
- Washington County will be entering data for the county Emergency Operations Plan (EOP) into BoldPlanning in
2018 as well. The county, cities, and townships can try to collaborate on areas of service that overlap.
- The cloud-based system makes it significantly easier to keep a plan updated and available to those who need
access.
- If your community has an EOP or COOP that hasn’t been updated in a while, this opportunity may be perfect
timing for your community.
We understand the time constraints involved in approving participation in this program, we appreciate your willingness
to expedite your decision to participate. We do not need anything official (resolution, etc) on our end from your
jurisdiction at this time to be included moving forward other than what is requested above.
If you have questions, please call or email me.
Kelli Matzek
Washington County Sheriff’s Office
Emergency Management Deputy Director
(651) 430-7636
Kelli.Matzek@co.washington.mn.us
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JOINT POWERS AGREEMENT BETWEEN
WASHINGTON COUNTY AND VARIOUS MUNICIPALITIES WITHIN THE COUNTY
FOR THE PURPOSE OF ALLOWING SAID MUNICIPALITIES ACCESS TO AND
UTILIZATION OF BOLDPLANNING SOFTWARE
This Joint Powers Agreement is entered into by and between the County of Washington,
State of Minnesota (hereinafter “County”) and the undersigned cities and towns in the County
(hereinafter “municipality or municipalities”) in order for the County to provide access to
BoldPlanning software to the municipalities.
WHEREAS, the County has a contract with BoldPlanning to utilize their software for
hosting the Washington County Continuity of Operations Plan (COOP) and the Emergency
Operations Plan (EOP); and
WHEREAS, the County contract with BoldPlanning lists thirty-one cities and townships
in Washington County in order to provide an opportunity for the cities and townships listed to host
their Continuity of Operations Plans (COOP) and Emergency Operations Plans (EOP) within the
software; and
WHEREAS, the use of the software by the municipalities will enhance the health, safety
and welfare of its residents and, therefore, serves a public purpose; and
WHEREAS, the undersigned cities and towns in Washington County wish to avail
themselves of said software; and
WHEREAS, MINN. STAT. § 471.59 authorizes local governmental units to enter into joint
powers agreements with other governmental units to perform on behalf of that unit any service or
function which that government would be authorized to provide for itself.
NOW, THEREFORE, pursuant to MINN. STAT. § 471.59, the County and Municipalities
(hereinafter “Parties”) agree as follows:
I. PURPOSE
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A. The purpose of the Joint Powers Agreement is to allow municipalities
within Washington County the ability to utilize the BoldPlanning software
while Washington County pays for the annual fees associated with that
access.
II. TERM OF AGREEMENT
A. Notwithstanding any provision to the contrary, the County may terminate
this Agreement by giving the municipalities 30 day written notice if one or
more of the following events occur:
1) If the county is terminating the Agreement, notice will be sent to the City
Administrator in the case of the Cities and Town Board Supervisor in case
of the towns.
2) If a municipality withdraws, the dated withdrawal letter or email shall
be sent to the Washington County Emergency Services Manager, or
designee.
B. This Agreement shall commence on March __, 2018 notwithstanding the
date of any of the municipalities signature and shall terminate pursuant to
section VII.A. and shall terminate pursuant to paragraph VI.A. of this
Agreement.
III. COUNTY RESPONSIBILITIES
The County will assume the following responsibilities:
A. The County shall work with BoldPlanning to provide a space on the
washcocoop.com website specific for each individual municipality to
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upload documents and/or enter in data relevant to their jurisdiction’s COOP
and/or EOP.
B. The County shall provide a designated Emergency Manager for each
Municipality with at least “Viewer” access to the Washington County EOP.
C. The County shall ensure at least one representative from each Municipality
has “Admin” level access to the Municipality’s specific COOP and/or EOP
site.
D. The County shall ensure that technical assistance is provided through
BoldPlanning by identifying this as part of BoldPlanning’s contract with the
County.
IV. MUNICIPALITIES RESPONSIBILITIES
Each municipality shall be responsible for the following under this agreement:
A. Each municipality shall provide a current primary contact person’s name
and contact information for the County. This individual shall be available
to answer questions regarding each municipality’s plans and use of the
BoldPlanning site.
B. Each municipality shall provide the following County staff positions with,
at minimum, “User” level access to their jurisdiction’s information within
BoldPlanning: Emergency Management Director, Emergency
Management Deputy Director, Emergency Management Specialist, a
designated acting County EOC Manager, and the County’s BoldPlanning
Site Administrator and backup Site Administrator.
C. Each municipality shall certify by January 31st of each year that the plan(s)
located within the BoldPlanning software are being kept up-to-date.
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D. Each municipality shall be responsible for entering the applicable
information for their Continuity of Operations Plan (COOP) and/or
Emergency Operations Plan (EOP) and making any applicable changes to
their plans annually, as needed.
E. Each municipality shall send at least one representative to an introductory
training session regarding BoldPlanning’s COOP and EOP software.
V. LEGAL REPRESENTATION
The County shall not be responsible to provide the City with legal advice
concerning questions of documents within BoldPlanning, and the City will seek
such legal advice from its City Attorney.
A. The County Attorney shall advise and represent the County in its
performance of this Agreement.
VI. COST
The County through the Washington County Sheriff’s Office - Emergency
Management will utilize FEMA Urban Area Security Initiative (UASI) funds to
pay BoldPlanning under its contract with BoldPlanning that portion of the
County’s total annual cost which relates to the municipalities utilization of the
BoldPlanning system.
A. As a condition subsequent to this Agreement, this Agreement may terminate
should any one or more of the following events occur:
1. If the UASI funding allocated to Washington County is reduced to
$100,000 or less;
2. If the Washington County Emergency Management Director finds that the
number of communities actively utilizing the BoldPlanning software is
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such that it does not warrant the continuing use of FEMA grant funding to
pay the annual BoldPlanning fees. This may be determined by the
population served or the number of communities utilizing the
BoldPlanning software, or
3. If for any reason, the County contract with BoldPlanning is terminated.
B. The County will utilize FEMA Urban Area Security Initiative (UASI) funds to
pay BoldPlanning to provide related training once in 2018 or 2019. If after
this aforementioned training is provided, additional cities or townships choose
to participate in this joint powers endeavor, Washington County will not be
obligated to pay for additional training through BoldPlanning.
VII. TERMINATION
Upon termination of this Agreement, all property held pursuant to the Agreement
shall be distributed to the Party providing the property.
VIII. DATA PRACTICES
All data created, collected, received, maintained or disseminated for any purpose
in the course of this Agreement is governed by the Minnesota Data Practices Act,
MINN. STAT. CHAPT. 13, or any rules adopted to implement the Act, and any other
applicable state or federal law relating to data privacy.
IX. INDEMNIFICATION
The parties; total liability under this agreement shall be governed by Minnesota
Statute 471.59, subd. 1a.
A. Each party agrees that it will be responsible for the acts or omissions of its
officials, agents, and employees, and the results thereof, in carrying out the
terms of this agreement, to the extent authorized by law and shall not be
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responsible for the acts/omissions of the other parties and the results thereof.
For the purposes of determining total liability for damages, the participating
governmental units are considered to be a single governmental unit, the total
liability of which shall not exceed the limits for a single governmental unit as
provided in Minnesota Statute 466.04, subd. 1.
X. ENTIRE AGREEMENT
It is understood and agreed that the entire agreement of the Parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations
between the Parties relating to the subject matter hereof.
IN WITNESS WHEREOF, the parties have subscribed their names as of the date first
written above.
WASHINGTON COUNTY
By:_________________________________
Karla Bigham, Chair
Washington County Board of Commissioners
Approved:
By:_________________________________
Molly O’Rourke, County Administrator
By:_________________________________
Assistant County Attorney
Recommended:
By:_________________________________
Sheriff, Washington County Sheriff’s Office
CITY OR TOWNSHIP OF ________________
By:__________________________________
Mayor or Township Supervisor
By:___________________________________
City Administrator