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9.b) Joint Powers Agreement with Washington County for "Code Red" Mass Telephone Notification System Meeting Date: 08/16/2011 Agenda Item: CI / U � City Council Agenda Report City of Scandia 14727 209�' St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Consider approving a joint powers ageement with Washington County for the "Code Red"Mass Telephone Notification System (MTNS.) Deadline/ Timeline: Washington County has requested action by August 18, 2011. Background: • The Washington County Sheriff's office was asked by several cities to coordinate the county-wide purchase of a Mass Telephone Notification System that would be available throughout the county. Several cities had been investigating or made individual purchases. Dramatic cost savings are possible by setting up a single system for the entire county. • The system uses internet mapping to allow geographic targeting of calls with customized emergency messages to homes,mobile devices and businesses. It can also notify subscribers through text message, email, Facebook and Twitter. • The MTNS will have applications for emergency use, as well as general notifications that the city might want to send. • The County will be paying for about half the cost of the system, with the cities and townships paying the remainder. Scandia's share,based on its population, would be $309.36 for 2012,plus the cost of any non-emergency messages (to be determined.) Recommendation: Staff recommends that the Council approve the Joint Powers Agreement Attachments/ • Letter received July 22, 2011 from Sheriff William Hutton Materials provided: . MTNS Policy • Cost worksheet • Joint Powers Agreement Contact(s): Commander poug Anschutz, (651) 430-7846 Prepared by: Anne Hurlburt, Administrator (code red JPO) Page 1 of 1 08/08/11 � � W� � Of�ice of the Sheriff � � ��F°��--��� � . � �, ��. Commitment to E�ce�lence �` � William M. Hutton Sheriff Daniel Starry Chief Depury ��CE�V�D ;, , Anne Hurlburt i ��i:;. l i!f�I 14727 209`i' Street N � Scandia, MN 55073 CITY OF SCANDIA Dear Ms. Hurlburt : The Washington County Sheriff's Office was approached by a number of our city partners asking us to spearhead the purchase and implementation of a Mass Notification System. These systems allow public entities the ability to quickly communicate to the public through phone and web based messages. We are happy to announce that the Washington County Sheriff's Office in cooperation with Washington County Public Health has entered into contract with Emergency Communications ' Network for a Mass Notification System known as Code Red. The Code Red System will allow Public Safety and other government agencies the ability to send mass messages to a specific area or jurisdiction that can be selected by the user. Messages sent by the Code Red System can be received by a home phone, cell phone as a message or text or by an email. Messages are sent by using the Code Red web based program that utilizes the Code Red infrastructure. The system has the ability to send a very high number of calls in a short period of time. In one recent situation in Dakota County, the Code Red system was activated to assist in the search for a missing vulnerable adult. Because the of Code Red message a local citizen located the missing person and was able to notify authorities. What does the Code Red System offer the citizens of Washington County? The intention of purchasing the Code Red System is to provide emergency notification to the citizens in a timely fashion utilizing the latest mass notification technology. In 2012 there will be 150,000 minutes available for emergency notifications as proposed in the financial model (see below). Code Red can be used for non emergency applications, however, those notifications would be paid for by the entity that sends the message. The goal is to ensure there are adequate amount of minutes in the case of an emergency. Code Red does allow free text messaging capabilities within the System, making it available to use as a staff notification resource for participants. Law Enforcement Center • 15015 62nd Street North—P.O. Box 3801,Stillwater, Minnesota 55082-3801 Phone: 651-430-7600 • Fax: 651-430-7603 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity/Affirmative Action The cost of the the Code Red System for Washington County is $33,750.00 per year. The Sheriff's Office and Public Health have both dedicated money to pay for the Code Red System for the rest of 2011. In 2012, the County is paying $15,000 or nearly half of the cost, however, we are asking for help from the cities/townships to assist in paying for the remainder. The fee structure that has been presented to the city administrators during a recent meeting is to have each city/township pay $.07860 x the population of the city/township. This fee structure appears to be the most equitable solution for raising the necessary funds to provide this valuable tool to the citizens of Washington County. As an example, the City of Pine Springs would pay $32.06 a year while the City of Woodbury would pay $4,870.13 a year. We are hoping all of the cities and townships will be interested partnering with us in the Code Red System. Please let me know if your city/township is interested in using and helping fund the program in 2012. I have attached a spreadsheet with the cost by city/township for your review. We have developed a policy for the use of the system in addition to a joint powers agreement. Those documents have been included for your review as well. In an effort to ensure that the Code Red system is available for use by all as soon as possible, I am asking that you notify the Sheriff's Office if you will be or not be participating by August 15C 2011. Those that are going to participate in the system will need to have a cop�y of the Joint Powers Agreement signed and returned to the Sheriff's Office no later than August 18` 2011. Please contact Commander Anschutz at 651-430-7846 with any questions about the system. Sincerely, ��.�. , � William M. Hutton Sheriff Enclosed: Mass Telephone Notifica[ion System Policy Cost by population worksheet Joint Powers Agreement 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 curricufum 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 WC50 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 Participating Entity Requirements 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. 1.4 Testing Procedures 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 Activation Procedures 1.5.1 Voice Messages Authorized System Users will submit a request to the WC50 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. 1.6 Allocation of Minutes 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. a • Incidents requiring the public to sheiter 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.t 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. � ' � C� W � Office of th h riff , ���'�-�`����---= .�., e S e . W . ,.�. ��.; Commitment to ��cel�ence ���, William M. Hutton Sheriff Daniel Starry Chief Deputy 2010 US Census Code Red Cost per year City or Township Po ulation Formula(Po ulation x.07860) 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 G ra nt 4,096 $321.94 Grey Cloud Is�and 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 52,151.91 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 51,432.49 Stiliwater 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 Law Enforcement Center • 15015 62nd Street North—P.O. Box 3801, Stillwater, Minnesota 55082-3801 Phone: 651-430-7600 • Fax: 651-430-7603 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportuniry/Affirmative Action JOINT POWERS AGREEMENT BETWEEN THE WASHINGTON COUNTY SHERIFF'S OFFICE AND THE CITY OF SCANDIA 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 Sheriff's Office (hereinafter"Provider") and the City of Scandia 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. WHER�AS, 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. PURPOSE 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 $309.36 for the purpose of purchasing its 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. Tt�e 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$309.36 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 31S'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 SUBD. 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 termir�ation of this agreement. INDEMNIFICATION 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 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 Provider, under the indemnity provisicns 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. DATA �RACTICES 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 irnplementing such Act now in force or as adopted, as well as federal regulations on data privacy. TERMINATION 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 or�e year renewal, it must provide written notice of such to Provider at least 90 days prior to December 315t 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 31s12012 or December 31 St 2013 respectively. WASHINGTON COUNTY SCANDIA BY: DATE: BY: DATE: County Board Chair BY: DATE: County Administrator ��,��- BY: DATE: Sheriff Approved to as form: ., � ����� Asst County Attorney