5.g) Code RED JPAJOINT 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 Sheriffs 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.
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.
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
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. 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.
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
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 an 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, 2015 and ends December 31,
2016, 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 three additional one year periods with the final termination date of December 31St
2019, 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
termination 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 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.
INSURANCE REQUIREMENTS
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:
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 PRACTICES
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.
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
one year renewal, it must provide written notice of such to Provider at least 90 days prior
to December 31't 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 2017, 2018 and or
2019, the Provider will notify the City 30 days prior to December 31 st 2016, December
31st 2017 or December 31st 2018 respectively.
WASHINGTON COUNTY SCANDIA
BY: DATE: BY: DATE:
County Board Chair
BY: DATE:
County Administrator
BY: DATE:
Sheriff
Asst County Attorney