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6. Washington County BoldPlanning software1 Neil Soltis From:Kelli Matzek <Kelli.Matzek@co.washington.mn.us> Sent:Friday, February 2, 2018 11:24 AM To:administrator@ci.afton.mn.us; 'publicworks@ci.afton.mn.us'; 'jim.stanley@lscvfd.com'; Allen Eisinger (aeisinger@ci.bayport.mn.us); PD Bayport - Laura Eastman; abell@ci.bayport.mn.us; john.hall@baytownmn.org; clerk@baytownmn.org; 'Randy LaFoy'; info@cityofbirchwood.com; FD Cottage Grove - Rick Redenius; cstevens@cottage-grove.org; bnuffort@me.com; City of Dellwood (dellwoodcityhall@comcast.net); 'jfmooreiii@gmail.com'; 'townclerk@denmarktownship.org'; 'higg5@msn.com'; 'dan.undem@ci.forest- lake.mn.us'; PD Forest Lake - Greg Weiss; FD Forest Lake - Alan Newman; 'Administrator/Clerk (clerk@cityofgrant.us)'; 'mayorhuber@cityofgrant.us'; 'townclerk@greycloudislandtwp-mn.us'; 'r.adams@greycloudislandtwp-mn.us'; 'Kevin Colvard'; Bryan Bear; 'Dave Jensen (DJensen@ci.hugo.mn.us)'; FD Lake Elmo - Greg Malmquist; 'khandt@lakeelmo.org'; 'lscbpeters@gmail.com'; 'lscb@comcast.net'; 'lscbmccarthy@gmail.com'; 'rglasgow@ci.lakeland.mn.us'; 'city@ci.lakeland.mn.us'; 'jh- farrell@ci.lakeland.mn.us'; 'jstanton@ci.lakeland.mn.us'; 'bzeller@ccim.net'; 'lakelandshores@gmail.com'; 'eshukle@cityoflandfall.com'; 'ssuedkamp@cityoflandfall.com'; 'tcarlson@cityoflandfall.com'; FD Mahtomedi - Terry Fischer; 'sneilson@ci.mahtomedi.mn.us'; 'malmgrendl@yahoo.com'; Lynette Peterson; 'LLKlein65@hotmail.com'; 'wkvoedisch@frontiernet.net' Cc:'swiley@newportmn.com'; 'dhill@newportmn.com'; PD OPH - Brian DeRosier; 'eajohnson@cityofoakparkheights.com'; FD Oakdale - Jeff Anderson; 'bart.fischer@ci.oakdale.mn.us'; FD Oakdale - Kevin Wold; 'fjbastyr@yahoo.com'; 'cityofpinesprings@juno.com'; 'D'; 'clerksmp@comcast.net'; PD SPP - Jessica Danberg; Kevin Walsh ; FD Scandia - Mike Hinz; 'n.soltis@ci.scandia.mn.us'; PD Stillwater - John Gannaway; FD Stillwater - Stuart Glaser; 'tmccarty@ci.stillwater.mn.us'; 'steve.nelson@stillwatertownship.com'; 'kathy.schmoeckel@stillwatertownship.com'; 'david.johnson@stillwatertownship.com'; 'dan.kyllo@westlakeland.govoffice2.com'; 'Dave Schultz (dschultz6816@comcast.net)'; 'townclerk@westlakeland.govoffice2.com'; 'vkeating1@comcast.net'; 'rppaulson@gmail.com'; FD Woodbury - Mike Richardson; 'clint.gridley@woodburymn.gov'; 'rick.weyrauch@baytownmn.org'; 'tomwilson68 @msn.com'; Douglas Berglund 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 2 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 1 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 2 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 3 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. 4 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 5 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 6 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