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16-0621_ORANGE, COUNTY OF_Memorandum of UnderstandingAttachment A - Memorandum of Understanding Pagel of23 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE AND PARTICIPANTS FOR USE OF COUNTYWIDE MASS NOTIFICATION SYSTEM This Memorandum of Understanding, hereinafter referred to as "MOU," dated July l, 2016, which date is stated for purposes of reference only, is entered into by and between the County of Orange, a political subdivision of the State of California, hereinafter referred to as "COLINITY," and the undersigned municipalities, public universities and water agencies responsible for protecting a resident population and maintaining a dedicated public safety answering point (PSAP) within the County of Orange, hereinafter referred to individually as "PARTICIPANT" or collectively as "PARTICIPANTS." This MOU is intended to establish governance and terms of use for a Countywide Public Mass Notification System. RECITALS WHEREAS, COUNTY is sponsoring a Countywide Public Mass Notification System ("System") for the primary intent of providing timely communication to the public during times of emergency; and WHEREAS, the County is making use of the System available to all cities and agencies within the County of Orange who have the responsibility for protecting a resident population and maintaining a dedicated public safety answering point (PSAP); and WHEREAS, COUNTY entered into Orange County Agreement No. MA-060-16011934 ("Agreement") with Everbridge, Inc., for the provision of Public Mass Notification System Services, on or about Ill4ay 24, 2016, attached hereto as Exhibit A, to disseminate critical, time- sensitive emergency information to COUNTY's citizens and businesses through phone and e- mail devices for emergency notification purposes; and WHEREAS, COLINTY agrees to provide to PARTICIPANTS access to the services provided by Everbridge, Inc. as contained in the Agreement in exchange for abiding by the terms set forth in this MOU; and WHEREAS, PARTICIPANTS agree to uphold the same terms and conditions of the Agreement, to use the System in compliance with all usage agreements, including but not limited to the End User License Agreement, identified and incorporated herein as Exhibit A (Orange County Agreement No. MA-060-16011934, Exhibit B (Countywide Public Mass Notification System Policy and Guideline) and Exhibit C (Nondisclosure Document), and the terms of this MOU to receive the benefits under the Agreement. NOW, THEREFORE, the parties agree as follows: Page 1 of5 Attachment A - Memorandum of Understanding Page 2 of 23 I. Definitions: "Agreement" shall refer to Orange County Agreement No. MA-060-16011934 between COUNTY and Everbridge, Inc. The Agreement is attached to this MOU as Exhibit A. "Countywide" shall mean all geographic locations in Orange County, California. "Contact information" shall mean PARTICIPANT and public contact data stored in the System for the purpose of disseminating communication in accordance with this MOU and its Exhibits. "Confidential Information" shall include but not be limited to personal identifliing information about an individual such as address, phone number, Social Security number, or any other identifier protected from disclosure by law, and/or any other information otherwise protected from disclosure by law, for example, the identity of a victim of a sex crime or a juvenile. "Emergency" shall include, but not be limited to, instances of fire, flood, storm, epidemic, riots, or disease that threaten the safety and welfare of the citizens and property located within the boundaries of the COUNTY and PARTICIPANTS' respective jurisdictions. "Emergency information" shall mean information relevant to the safety and welfare of recipients in the event of an Emergency. Such information shall include but not be limited to instructions and directions to alleviate or avoid the impact of an emergency. "Emergency notifìcation situation" shall mean instances when emergency information is to be distributed through the System. "Individual lJser" shall mean an agent, officer, employee or representative of PARTICIPANT that has been granted access to the System as set forth in this MOU. "Non-emergency information" shall refer to information that is not relevant to the safety and welfare of recipients, but has been deemed to be of significant importance to a PARTICIPANT's jurisdiction to justi$ the use of the System to distribute such information. 'Non-emergency notification situation" shall mean instances when a PARTICIPANT deems non-emergency infomation to be of significance to a PARTICIPANT'S jurisdiction and the PARTICIPANT uses the System to distribute such information. "System" shall mean the Public Mass Notification System as provided by Everbridge, Inc. to COUNTY under the Agreement. The System is designed to disseminate information by utilizing common communications, i.e. telephone and e-mail communications to citizens and businesses as permitted under the Agreement. Page 2 of 5 II. ilI. Attachment A - Memorandum of Understanding Page 3 of 23 Hold Harmless: PARTICIPANT will defend, indemnifu and save harmless COUNTY, its elected officials, officers, agents, employees, volunteers and those special districts and agencies which COUNTY's Board of Supervisors acts as the governing Board ("COLINTY INDEMNITIES") from and against any and all claims, demands, losses, damages, expenses or liabilities of any kind or nature which COLINTY, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damages to property as a result of, or arising out of the acts, errors or omissions of PARTICIPANT, its officers, agents, employees, subtenants, invitees, or licensees. COLTNTY will defend, indemnify and save harmless PARTICIPANT, its offrcers, agents, employees and volunteers from and against any and all claims, demands, losses, damages, expenses or liabilities of any kind or nature which PARTICIPANT, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damages to property as a result of, or arising out of the acts, errors or omissions of COUNTY, its officers, agents, employees, subtenants, invitees, or licensees. Term: This MOU shall be in effect from July 1,2016 and shall expire on June 30,2021, unless COTINTY funding of the System becomes unavailable at which time PARTICIPANTS will be given six-month advance notice per the termination terms found in Paragraph IX. Termination, below. IV Scope of Services: PARTICIPANTS shall receive from COLINTY access to the same services being provided by Everbridge, Inc. to the COLTNTY under the Agreement. COUNTY's involvement in this MOU is limited only to extending the availability of the terms and conditions of the Agreement to the PARTICIPANTS. V Use: Use of the System and its data, including but not limited to contact information, is governed by the terms, conditions and restrictions set forth in the terms provided in Exhibit A, B and C. All PARTICIPANTS agree to the terms and conditions contained in Exhibits A, B, and C. COIJNTY retains the right to update Exhibits A, B, and C as needed, in whole or in paft, during the life of this MOU. Any and all revised Exhibits will be distributed to PARTICIPANTS within five business days of the revision date and shall be incorporated into this MOU. Such modifications to the Exhibits shall not be deemed an amendment for the purposes of Paragraph X. Amendments, below. PARTICIPANT, including each of its agents, officers, employees, and representatives who are given access to the System, agrees to abide by the individual terms of each agreement and the additional conditions incorporated herein. Breach of use may result in individual user or PARTICIPANT access account termination. PARTICIPANT agrees to require each Individual User to execute an Individual User Agreement (Exhibit D) regarding their obligations to maintain the confidentiality of login and password information; ensure that they will use the System in accordance with all applicable laws and regulations, including those relating to use of personal information; that they may be responsible for any breach of the terms of the Agreement with Everbridge and/or this MOU; and the confìdentiality provisions of this MOU. Page 3 of5 VI. Attachment A - Memorandum of Understanding Page 4 o'Í 23 PARTICIPANT further agrees to provide a copy of the signed Individual User Agreement to COLINTY and notifu COI-INTY if an individual user withdraws their consent to the Individual User Agreement at anytime during the term of this MOU. The scope of services under the Agreement is limited to using the System to distribute business communication to PARTICIPANT inter-departmental resources and/or emergency information to the public in emergency notification situations. All PARTICIPANTS have read and accept the terms and conditions found in COUNTY's "Countywide Public Mass Notification System Policy and Guideline (June 30, 2008)", attached hereto as Exhibit B. Notice: Any notice or notices required or permitted to be given pursuant to this MOU shall be submitted in writing and delivered in person, via electronic mail or via United States mail as follows: COUNTY: County of Orange - SherifÊCoroner Department Emergency Management Division Attn: Donna Boston / Emergency Management 2644 Santiago Canyon Road Silverado, CA92676 PARTICIPANTS: Each PARTICIPANT shall provide to COUNTY a contact person and notice information upon entering into this MOU. Notice shall be considered tendered at the time it is received by the intended recipient. vII.Confidentiality: Each party agrees to maintain the confidentiality of confrdential records and information to which they have access a result of their use of the System and pursuant to all statutory laws relating to privacy and confrdentiality that currently exist or exist at any time during the term of this MOU. All information and use of the System shall be in compliance with California Public Utilities Code section2872. No party shall post confidential information as part of a mass notification unless the law allows such information to be released. VIII.Termination: The COLINTY or any PARTICIPANT may terminate its participation in this MOU at any time for any reason whatsoeve.r. If any PARTICIPANT chooses to terminate its participation in this MOU, the terminating PARTICIPANT shall provide written notification in accordance with Paragraph VII. Notice, above. Such notice shall be delivered to the COLINTY 30 days prior to the determined termination date. A terminating PARTICIPANT shall uphold the obligations contained in Paragraph II. Hold Harmless in its entirety and Paragraph VllL Confidentiality, above. Upon termination, PARTICIPANT agrees to inform each PARTICIPANT user to stop using the System and to relinquish all System access, user accounts, passwords and non-PARTICIPANT data to COUNTY immediately. PARTICIPANT may choose to delete andlor export non- Page 4 of5 Attachment A - Memorandum of Understanding Page 5 of 23 public PARTICIPANT (akn inter-depsrtmental) owned contacf informatíon, as wetl as,export resìdent provided contact informafion prior to termination. Resident providej contact information acquired through PARïCIþANT sources shall remain in thô System and available to the County for regional or multi-jurisdictional notif¡cation ure ", nrrdrd. Should CoLNfY discontin-ue its funding for thc System, which shall be grounds forcouNTY's termination of its particþation, côuNTy shall givc pARTICIpANTs six_ month advance courtesy notice prior fo terminating the Agreerient. .All other reasons forterminating by COLNTY shall be valid upon prouiding ãorice ro the pARTICIPANTS. upon termination by coLINTY, this Moushailno tong-er be in effect, Termination by a PARTICTPANT shail not be deemed an amendment to this Mou as defined in Paragraph X. Amendments, below. -â'mendrnents: This MOU rnay be ¿mendedonly by mutual written conscnt of the partiesinvolved unless othenüise provided for in this lt¿OU. The modifications shall håve noforce a¡d effect unless such modifications are in writing and signed by an aurhorízed representative of each pafy. Tcnnination by a pARTIcIpAñT or adding a newPARTICIPANTto this MOU shall not bc deemçá an arncndment. IN WITNESS WHEREOF, the parties hereto h¡ve caused this Memorandum of Underslandlng to be executcd by their duly authorized representativos as ofthe dates opposite the signatures. i COUNTY OF'ORANGE x, By: PARTICIPANT: By: Hutchens, County of Orange AFPâOYEDÀS TO FO|ìU ÔpFloE OF -rHE cguillY co{,lssEt ofiA,¡¿eE úrouNTY. GALIKIR Ù^ Date: I(, Drts Dare: 7* 2¿ - /á Hçn3^{,,ffi{, úf M*- Page 5 of 5 Attachment A - Memorandum of Understanding Page 6 of 23 Orønge County Operøtionøl Area Exhibit B Gountywide Public Mass Notification System Standard Operating Procedures Effective: June 30. 2008 Revised: Mav 24. 2016 PURPOSE The purpose of this document is to outline the Standard Operating Procedures for the use and administration of AlertOC, the Orange County Public Mass Notification System, hereinafter referred to as "System". This document will provide more specific step-by-step procedures and roles and responsibilities at the regional level including describing expectation of participants. lndividualjurisdictions/agencies should create and maintain and regional concepts. The step-by step procedures for activation and use will be maintained in a separate document maintained by each jurisdiction/agency as a paft of their emergency response plans for overall planning and response efforts. A copy of these procedures shall be maintained in PrepareOC. This document does not supersede any policy and procedures outlines in the Memorandums of Understandings signed by participating agencies, but should be used to support the use of the Orange County Mass Notification System. II. SYSTEM DESCRIPTION The primary intent of the Countywide Public Mass Notification System is to disseminate early warning and time sensitive information to county businesses and residents during time of an emergency event. The Public Mass Notification System is only one component of the County of Orange Public Warning System. As deemed fit by local authorities, the System should be used in conjunction with the other public warning mechanisms including, but not limited to, route alerting, the Emergency Alert System, sirens, and press releases. The Mass Notification System is avallable 2417 and has been pre-loaded with Orange County landline phone numbers (including unlisted) and countywide geographic maps. Additionally, citizens have the option to provide additional contact information via self- registration portal www.alertoc.com with link access from county and all participating entity websites. Upon local authority decision to activate, the System will be used to send a message, describing the situation and recommended action the public should take, to affected businesses and households via telephone, e-mail and/or text. The County of Orange, Orange County Sheriff's Department is the sponsor of the Countywide Public Mass Notification System initiative and will take appropriate measures to ensure that the System is in a state of operational readiness at all times. lt is the responsibility of all participating Agencies to maximize citizen benefits from the System. While the County's intent for implementing and maintaining the System is for "emergency" use, upon consent from local authorities, cities may optionally use the System to disseminate "government-related" non-emergency notifications to citizens and organization resources within its jurisdiction. See Section V. Authorized Use and Section Vlll. Cost for policy guidelines relating to non-emergency use. Page I of14 Attachment A - Memorandum of Understanding PageT of23 Orange County Operøtianñl Area Exhibit B Countywide Public Mass Notification System Standard Operating Procedures III. GOVERNANCE The Orange County Sheriffs Department Emergency Management Division will manage the Mass Notification System as a countywide asset under the Policy and Guidance approved and recommended by the Orange County AlertOC Working Group., and agreed upon by each individualAgency when they opt into the system. Use of the System by each Agency is contingent upon that Agency abiding by the contract with the mass notification vendor, and the protocols established by the Emergency Management Council and OperationalArea Executive Board. The System utilizes the 9-1-1 database to complete the notifications. The use of the 9-1-1 database is regulated by the California Public Utilities Code (CPUC) sections 2872 and 2891.1. The information contained in the 9-1-1 database is confidential and proprietary and shall not be disclosed or utilized except by authorized personnel for the purpose of emergency notifications. Any agency in violation of this regulation is subject to criminal charges as described in the CPUC. The Orange County Sheriff's Department Emergency Management Division is responsible to ensure that the provisions of the contract are implemented properly. Authorized users must respect the integrity of the database, understand the privacy issues and fully comply with the policies and protocols outlined in this document. lf violations of the MOU and this approved policy document are made by any individual or Agency, the Orange County Sheriffs Department reserves the right to disable that individual's or Agency's login(s). IV. OVERVIEW OF GENERAL SYSTEM FEATURES At minimum, the Orange County Sheriffs Department shall acquire and maintain a Public Mass Notification System capable of meeting the following requirements. A. Licensed for use throughout the County's entire region B. Capacity to send a 45 second message to 10,000 residents and businesses within 10 minutes C. Capacity to send messages via phone, e-mail and text D. Accessible via the public lnternet E. Provides audit trail logging and reporting F. GIS map interface for geographic call list generation G. Citizen self-registration web portal (available in English, Spanish and Vietnamese) H. lnteractive phone survey technology and reportingL IVR based notification setup and execution J. Capable of identifying constituents preferred language and sending message in English, Spanish and Vietnamese Page 2 of 14 Attachment A - Memorandum of Understanding Page B of 23 Exhibit BOrønge County Operøtionøl Areø Gountywide Public Mass Notification System Standard Operating Procedures V. AUTHORIZED USE The Mass Notification System is designed to be a countywide asset, available to all Agencies that have a dedicated public safety answering point (PSAP) and/or a resident population they are responsible for making protective action recommendations. An Agency may participate in the countywide System at no charge when used for emergency purposes until June 2021. Agencies authorized to join the system at no cost are limited to the incorporated cities in the Orange County Operational Area, County agencies and departments, the Municipal Water District of Orange County and Orange County Retail Water Agencies. Each participating Agency must sign a MOU and will maintain, at minimum, a Local Agency Administrator responsible for implementing and administering use of the System at the local level. Cities Cities wishing to participate may do so by having an authoritative representative sign the "Orange County Public Mass Notification System" MOU. Upon signing the agreement, the Agency will be provided a local administrator account, a vendor provided user manual and initial training. Throughout the term of the agreement, the Agency may use the System to send an unlimited number of emergency notifications to the public as well as an unlimited number of emergency and non-emergency inter-department messages. Each participating City shall develop and maintain written procedures to identify and address the Agency's specific use of the System within the scope of this policy guide. Gounty Users Unincorporated areas of Orange County will have emergency messaging to the public launched by the Orange County Sheriff's Department. All other county agencies may have access to utilize the system for interdepartmental use. Each participating County agency shall develop and maintain written procedures to identify and address the Agency's specific use of the System within the scope of this policy guide and provide this guideline to the Orange County Sheriffs Department Emergency Management Division. Water Retail Water Agencies The Municipal Water District of Orange County and Orange County Retail Water Agencies wishing to participate may do so by having an authoritative representative sign the "Orange County Water Retail Agency Public Mass Notification System" MOU. Upon signing the agreement, the Agency will be provided a local administrator account, and the Orange County Sheriffs Department, Emergency Management Division in collaboration with the Municipal Water District of Orange County - Water Emergency response Organization of Orange County (WEROC) will provide a user manual and initial training. Throughout the term of the agreement, the Agency may use the System to send emergency notifications to the public by utilizing pre-established GIS shape files or the system's interactive map feature to identify their water users. Each participating agency shall develop and maintain written procedures to identify and address the Agency's specific use of the System within the scope of this policy guide. Page 3 of14 Attachment A - Memorandum of Understanding Page 9 of 23 Orønge County Operøtionel Areø Exhibit B Gountywide Public Mass Notification System Standard Operating Procedures Emergency Use Use of the Mass Notification System for emergency activity contains two components: (1) the need to disseminate critical, safety-related information to individuals regarding emergency events occurring now, follow up information regarding the event and termination of the emergency event., and (2) communicating with safety-responder staff, volunteers and involved parties about the emergency event. As a general rule, the System is to be used when the public is being asked to take some action (e.9. evacuate, prepare to evacuate, shelter in place, boil tap water before drinking, local assistance centers and other follow up information, reentry to an areas after evacuation orders have been lifted or termination of the emergency because the danger has passed). Emergency Public Notifications are limited to: 1. lmminent or perceived threat to life or property 2. Disaster notifications 3. Evacuation notices 4. Public health emergencies 5. Public safety emergencies 6. Any notification to provide emergency information to a defined community The following criteria should be utilized to assist with determining the need to issue an alert 1. Severity. ls there a significant threat to public life and safety? 2. Public Protection. ls there a need for members of the public to take a protective action in order to reduce loss of life or substantial loss of property? 3. Warning. Will providing warning information assist members of the public in making the decision to take proper and prudent action? 4. Timing. Does the situation require immediate public knowledge in order to avoid adverse impact? 5. Geographical area. ls the situation limited to a defined geographical area? ls that area of a size that will allow for an effective use of the system, given the outgoing call capacity? 6. Are other means of disseminating the information inadequate to ensure proper and time delivery of the information? 7. ls the message being sent follow up information to an emergency event in progress? lf the answer to ALL of these questions is "Yes", then an activation of the Mass Notification System for emergency purposes may be warranted. To assist with trigger points for potential message use topics refer to Attachment A Emergency Responder Notifications are limited to: 1. Contacting first responders to advise of an emergency 2. Contacting first responders to report for duty due to an emergency Page 4 of 14 Attachment A - Memorandum of Understanding Page10of23 Exhibit BOrønge County Aperøtionøl Area Gountywide Public Mass Notification System Standard Operating Procedures 3. Contacting key staff regarding an emergency or crisis situation 4. Contacting agency employees/DSWs to report at a different time or location (or provide an update) due to an emergency 5. Exercises Emergency considerations: 1. Notification shall clearly state situation is an emergency 2. Message length shall not exceed 60 seconds 3. lt is highly recommended all messages are recorded using a real voice and not the computer transcriber. 4. lt is highly recommended to provide a phone number or website where the public can obtain additional or updated information 5. An all clear notification should be sent when applicable A. lnter-Department Communication City and County Agencies may use the Mass Notification System for non-emergency inter- departmental business communication as needed, without cost. lt is recommended that individual Agencies identify where this would add value to their operations and establish separate written protocols and procedures for this use. B. Non-Emergency Public Use No agency shall use the Mass Notification System for non-emergency public announcements unless a separate contract with the vendor is established. Non-emergency use shall be consistent and in compliance with the non-emergency guidelines included within. Any agency in violation of this term may have their use of the system suspended. Additionally, E 911 data is not allowed to be utilized for non-emergency use according to the law California Public Utilities Code (CPUC) sections 2872 and 2891.1 and violators may be subject to criminal enforcement. Jurisdictions will be limited to utilizing the self-registering portal entry data only when launching non-emergency messages. Agencies who contract to use the countywide System for non-emergency activity agree to give precedence to emergency notification call-outs by delaying or terminating non- emergency notification sessions if needed to increase emergency message success. The primary concern for point of failure in this situation is not the Mass Notification System, but the telephone port capacity of local phone providers responsible for delivering calls to residents. Cost associated with non-emergency public notifications is the responsibility of the localAgency, See section Vlll. Non-emergency public notification use is prohibited for any of the following purposes: 1. Any message of commercial nature 2. Any message of a political nature 3. Any non-official business (e.9. articles, retirement announcements, etc.) 4. To send a message to an E9l1 obtained data source; see Section lll, Governance, for additional information relating to E911 data use restrictions Page 5 of 14 Attachment A - Memorandum of Understanding Page 11 o'f 23 Orunge County Operøtionøl Areø Exhibit B Gountywide Public Mass Notification System Standard Operating Procedures C. Confidentiality Agencies shall be responsible for: (i) ensuring that users maintain the confidentiality of all user login and password information; (ii) ensuring that users use the service in accordance with all applicable laws and regulations, including those relating to use of personal information; (iii) any breach of the terms of this policy or the vendor agreement by any user; and (iv) all communications by users using the service. Agencies shall promptly notify the Orange County Sheriffs Department and the vendor if it becomes aware of any user action or omission that would constitute a breach or violation of this policy or the vendor agreement. Through the "Memorandum of Understanding between the County of Orange and Participants for use of Countywide Mass Notification System," each agency is bound in writing to the confidentiality obligations sufficient to permit agencies to fully perform its obligations under this policy or the vendor agreement. VI. AUTHORIZED SYSTEM USERSA. PublicNotifications ln general, use of the system in most cities is the responsibility of the local law enforcement agency. Since law is responsible to make alert, notification and evacuation orders. However, others may also be authorized to make notifications will be officials including , emergency management, fire and city manager departments. County Administrator: The Orange County Sheriffs Department will act as the Countywide Public Mass Notification System County Administrator. County Administrator responsibilities are covered in section lX. System Administration and Operation. County User: Orange County Sheriff's Department Emergency Communication Division (9- 1-1 dispatch), Control One and Emergency Management Division personnel will be setup as "County" users. County Users will have permission to access and launch emergency notifications to all jurisdictions within Orange County consistent with County Operational Area public safety response guidelines. All other county agencies will have permission to execute inter department notifications. The Orange County Emergency Operations Center, when activated will be responsible for all public notifications to unincorporated areas during an emergency. For day to day use of the system for public safety incidents including but not limited to hazmats, felony crimes with suspects still at large, the Orange County Sheriffls Department Commander will be responsible for execution of messages. Local Agency Administrator: A minimum of one designated Local Agency Administrator will be required for each Agency participating in the countywide System. Local Agency Administrator responsibilities are covered in section lX. System Administration and Operation. Page 6 of 14 Attachment A - Memorandum of Understanding Page12of23 Orønge County Operøtionøl Area Exhibit B Gountywide Public Mass Notification System Standard Operating Procedures Local Agency User: Participating Agencies may have an unlimited number of Local Agency Users. Local Agency Users will have access to resident contact records within their jurisdiction as well as neighboring jurisdictions with an established MOU agreement. Local Agency Users will be authorized and managed by the Local Agency Administrator and may have varied system permissions. Any City jurisdiction who has contracted police services shall grant and provide access to their jurisdictions system in order to launch messages in a timely manner. Water agencies are identified as local users under the Orange County Sheriff's Department Emergency Management Division. a lnter-Department User: lnter-departmental users will have permission to inter-departmental contact information only and are authorized to use the system solely for inter-departmental communication including but limited to first responder or volunteer call-outs. Additional user for special contact groups including ln House Special Services (IHSS), access and functional need cliental may be established with prior authorization from the Orange County Sheriffs Department to ensure no vendor contract violations are occurring. VII. ACTIVATION OF THE SYSTEM Each City Jurisdiction is responsible for launching messages to affected citizens and businesses within their jurisdiction. Determination of authority to request activation of the Mass Notification System rest with local officials, not with the County of Orange or the Orange County Sheriff's Department Emergency Management Division. Water agencies are responsible for launching messages to affected citizens and businesses as identified in their service district. The following is protocol to be followed when an emergency message is launched anywhere in Orange County. A. Public Notifications 1. The County of Orange is authorized to use the System to send notifications of regional emergencies to any and all residents within the OperationalArea (example: Countywide quarantine order for a health alert). Upon sending a countywide notification, Orange County Sheriff's Department Emergency Management Division will, as soon as possible, advise the appropriate local Agency that mass notifications have been sent by the County to residents of their cities. Pre-notification to emergency managers by email or WebEOC of this AlertOC activation before actual delivery of the message will occur if possible. 2. Other than regional emergency notifications, public notifications are the responsibility of the individual City/Local Government. ln the event that the geographical location of an incident requires a message to be delivered to multiple jurisdictions, the responsible Agency will inform each individual Agency so that they can send the message to those affected within their own jurisdiction. Exception: Small unincorporated neighborhoods embedded within City limits will receive mass notification of local city emergency activity from City Officials. This does not include the unincorporated areas of Rossmoor, Midway City, Cowan Heights, Lemon Heights, all canyons, Coto de Caza and Trabuco Canyon areas. Any of the fore mentioned unincorporated areas by names, coordination PageT of14 Attachment A - Memorandum of Understanding Page 13 of23 Orønge Caunty Aperøtionøl Areø Exhibit B Gountywide Public Mass Notification System Standard Operating Procedures will have to occur with the Orange County Sheriffs DepartmentAffatch Commander when the EOC is not activated. 3. For a City wishing to send or receive messages to or from a neighboring Agency during time of a multi-jurisdictional incident, an MOU should be established between both parties that grants permission for the handling Agency to send emergency notification to residents within the affected Agency. (Exception will be made for cities who have contracted law enforcement services. No MOU will be required and access SHALL be granted). a. ln the event no MOU has been established, the local city agency will contact the Police Watch Commander who is the 24 hour warning point for all cities for approval and coordination. 4. Water agencies sending information to the public will do so only to pre-loaded GIS shape files containing their service areas. This procedure must occur due to the overlapping jurisdictional boundary areas. Water agencies will launch messages under the Orange County user account. Pre-notification to the Water Emergency Response of Orange County (WEROC) emergency manager, and impacted city emergency managers will occur prior to the lunch of the message by email containing the AlertOC message before actual delivery of the message will occur. a. The WEROC Emergency Manager is responsible to notify and provide the information to the OA/County Emergency Manager since the identification information will show the County of Orange as the initiator. 5. ln the event a participating Agency is unable to send out an emergency message, the Orange County Control One Coordinated Communications Center is available to act on the local Agency's behalf. Agencies that do not have a current MOU with the County may also request Control One to send out an emergency message. Control One will not be available to send internal notifications. All rules and guidelines are applicable. lt is still the responsibility of the local agency with the primary responsibility of the incident to receive approval for adjacent jurisdictions on multi-jurisdictional events. Attachment B is the launch form containing all information required in order to launch a message. Authority to request mutual aid assistance from Control One must be requested by a Lieutenant or above (same protocols as requesting a Code Alex). 6. lf the Operational Area EOC is activated, agencies may request to utilize the Orange County lnformation Hotline 714-628-7085 as the identification phone number for residents and businesses to call to obtain additional information. Agencies are requested to send a copy of the AlertOC script to the OA EOC before the message is launched, if possible. 7. Participating Agencies are authorized to develop pre-established notification lists and messages to meet their individual needs. These lists may include special populations (e.9. in-home care, schools, etc.) or those susceptible to certain risks (e.9. homes within dam inundation zone). lt is the responsibility of the participating Agency to create, maintain and update these lists. B. Emergency Response and lnter-Department Notifications: 1. Each participating Agency is authorized to create employee/volunteer and department call lists and pre-recorded messages. 2. Any non-city agency wishing to create specialty groups which still contain public contact information (ex: special needs callouts) may do so with prior consent. However, any Page 8 of 14 Attachment A - Memorandum of Understanding Page 14 of 23 Orange County Operøtional Areø Exhibit B Gountywide Public Mass Notification System Standard Operating Procedures activation of information to any of these groups needs to be coordinated to ensure clear, concise and accurate information is being dispersed. During emergencies, messages will be coordinated with the Operational Area, Orange County Sheriffs Department Emergency Management Division. 3. lt is the sole responsibility of each participating Agency to maintain these lists and to launch notifications as deemed necessary. vilt. cosrs The County of Orange agrees to fund the System for notifications classified as "emergency use". The County of Orange also agrees to continue to purchase updated E9'11 telephone data and geographic maps. Costs associated with use of the System for non-emergency activity is the responsibility of the local Agency through separate contract with the mass notification Vendor. IX. SYSTEM ADMINISTRATION/OPERATIONS lndividual Agencies are responsible for providing logins and procedural training to key individuals within their Agency responsible for using the Mass Notification System. A. County Administrator The Orange County Sheriffls Department will assign and maintain a designated Mass Notification Program Administrator responsible for overall acquisition, accessibility, maintenance, compliance and management of all components required to provide an effective cou ntywide mass notifi cation system. The County Administrator is responsible for: 1. System acquisition and contract management. 2. Policy management and as needed modification (in consultation with public safety, emergency management and emergency response personnel.) 3. Audit compliance: routine monitoring of System use to insure policy and contract compliance. 4. Access management: record management of signed MOU from each participating Agency, distribution of local administrator accounts and updated local administrator contact list. 5. Data management: E911 data acquisition, update and compliance monitoring. Countywide map file acquisition, update and overall geo-coding. 6. Testing: facilitate routine System-wide test exercise, document overall test results and recommend and execute, as needed, corrective action at the County level. 7. Public education campaign: initiate and facilitate public education campaign aimed at making the public aware of the countywide public mass notification system initiative and citizen web portal. B. System support: provide support to LocalAgency Administrators. B. Local Agency Administrator Page 9 of 14 Attachment A - Memorandum of Understanding Page 15 o'n23 Orønge County Operøtionel Area Exhibit B Gountywide Public Mass Notification System Standard Operating Procedures Participating Agencies agree to appoint a designated Mass Notification Local Administrator responsible for leading, coordinating, monitoring and optimizing use of the Mass Notification System at the local level. Local Agency Administrator shall act as the Agency's central point of contact and will work collaboratively with the County Administrator to insure local use of the system is within policy and MOU guidelines. Local Agency Administrator is responsible for: 1. Contract acquisition if Agency will use the system for non-emergency purposes. 2. LocalAgency Mass Notification Operating Procedure development and management. 3. Use compliance: routine monitoring to ensure System is used within the conditions and terms of this document and associated MOU. 4. Access management: local user account distribution and management, record management of MOU(s) and signed end user P&P. 5. Data management: perform routine data management, error-correcting and data integrity updates to System contact and geo-coded map data. 6. Testing: facilitate routine local System test exercise, document local test results and recommend and execute, as needed, corrective action at the local level. 7. Public education campaign: initiate and facilitate public education campaign aimed at making the local community aware of the intended use of the Mass Notification System and citizen web portal. L System support: provide support to local Agency end-users. X. INFORMATION SYSTEMS AND SUPPORT The Orange County Sheriffs Department will acquire and maintain 24x7x365 vendor support for the Mass Notification System. Participating Agencies are authorized to contact vendor support as needed. XI. ROUTINE TESTING The Mass Notification System will be tested quarterly. Test exercises will be geared towards insuring that use of the System in an emergency is optimized. This includes testing operational readiness, activation procedures and system effectiveness as well as validating data and system processes. Through test exercises, System administrators and users will be able to observe the mode of operation to augment and refresh System and process knowledge. Specific test exercise routines, roles, responsibilities and schedule will be detailed in the Operational Area Standard Operating Procedure document. By signing the Mass Notification System MOU, participating Agencies agree to take part in quarterly Mass Notification countywide test exercises. XII. DEFINITIONS 1. System - All components of the Mass Notification System including hardware, software, access portals, contact data and GIS maps. Page l0 of 14 Attachment A - Memorandum of Understanding Page 16 of23 Orønge County Operøtioflel Area Exhibit B Gountywide Public Mass Notification System Standard Operating Procedures 2. Resident - Comprises households and businesses 3. IVR - lnteractive Voice Response is a phone technology that allows a computer to detect voice and touch tones using a normal phone call. This technology will allow a user of the Mass Notification System to launch a message to a pre-defined call list when a pc or internet connection is not available. 4. Emergency - "Emergency" shall include, but not be limited to, instances of fire, flood, storm, epidemic, riots, or disease that threaten the safety and welfare of the citizens and property located within the boundaries of the county and participants' respective jurisdictions. Page 1l of14 Attachment A - Memorandum of Understanding Orange Countg Operøtianøl Area Gountywide Public Mass Notification System Standard Operating Procedures Revision History: Page 17 of23 Exhibit B Revision Date Author Description April 18, 2008 PMNS Policy Committee Document orioinated Mav 19.2008 PMNS Executive Review Team Non-emeroencv session termination in Section V.. ltem C June 16. 2008 Teara LeBlanc Exceotion clause in Section Vll, ltem 4.. bullet 2. Mav 2010 Vicki Osborn Revision of all sections June 2012 Ravmond Cheuno Revision for OCSD transition Mav 2013 Ravmond Gheuno Revision for new vendor contract May 20'16 Raymond Cheung Added confidentiality item to Section V., ltem C. and allowed non-emergency use in Section V., ltem B. and Section Vlll. Page 12 of 14 Attachment A - Memorandum of Undêrstanding Orønge County Operøtionøl Area Countywide Public Mass Notification System Standard Operating Procedures AttachmentA-AlertOC er Points Guidelines Page18oT23 Exhibit B Type of lncident Description Meets Public Safety Criteria Active Shooter A shooting with armed individual or individuals is occurring in a known area. Yes BoilWater Orders An unsafe water supply issue requiring the public to boilwater before use. Yes Building Fire A fire occurring in an urban area requiring evacuation or shelter in place for the immediate area. Yes Violent Crimes Violent crimes that just occurred such as robbery, assault, murder, etc. Yes Felony Suspect at Large Law enforcement is currently searching for a felony suspect that is suspected to be in a certain area. Yes HazMat Hazardous Materials incidents that require a fire/hazmat response and may include evacuations or shelter-in- place orders. Yes Health Orders Any public health order made pursuant to County Health Officer recommendations. Yes Missing Adult (9204) with special circs 12- 17 yrs with decreased mental capacity or medical condition Yes Missing Ch¡¡d (920C) 12 yrs or younger ***Discussion add Amber alert triqqers Yes Missing Juvi (920J)with special circs 18 yrs and older 12- 17 yrs with decreased mental capacity or medical condition Yes Severe Weather Related Weather warnings that forecast an occurring or imminent threat to public safety or coincide with protective action recommendations such as voluntary or mandatory evacuation orders. Yes Evacuation or Shelter-in-Place Voluntary or mandatory evacuation or shelter-in-place orders. Yes Wildland Fire A fire occurring in a wildland urban interface area requirinq immediate evacuation or shelter-in-place Yes Road Glosures Unplanned road closures due to an emergency situation. Yes Planned Events Road closures due to community events planned in advance. No Page 13 of 14 Attachment A - Memorandum of Understanding Orange County Operutionøl Areø Gountywide Public Mass Notification System Standard Operating Procedures Page 19 o'f 23 Exhibit B AlertOG Activation Form (for emergency use only) (Attachment B) Request Received Datefl-ime: By: (NameÆitle) Jurisdiction Information #2 Authorizing Official: (Nameffitle) Message Specifics Dateffime Message to Be Sent: ! Immediately Targeted Recipients: Type of Message: n phone n e-ma¡l fl sus SMS Content: Message Content: Staff Executing Message Initiator Name (printed) Authorizing Sheriff Official Date and Time Sent: Name, Date and Time Results provided to jurisdiction #T: Jurisdiction Name: Requestor: (Namef-itle) Contact Phone Numbers Page 14 of 14 Attachment A - Memorandum of Understanding NONDISCLOSURE AGREEIU ENT NONDISCLOSURE AGREEMENT BETWEEN PACIFIC BELL TELEPHONE COMPANY dba SBC CALIFORNIA, AND THE COUNTY OF ORANGE. CALIFORNIA Page 20 of 23 Exhibit C THIS AGREEMENT, effective this 26th day of June , 2008, (Effective Date') is between pACtFtC BELL TELEPHONE COMPANY dba SBC CALIFORNIA, a Califomia coçoration (hereinafter'-SgC Cat¡fomia'), Counly of orange (hereinafter "customer") and NTI Group, lnc. (hereinafrer'subcontractor"). 1. Customer has requested Neighborhood Call service from SBC California under SBC California's Târifi, CAL.P.U.C. NO. 49.2.6 and agrees to comply with all provisions of SBC Califomia's Tariff, CAL.p.U.C. NO. A9.2.6. 2. Customer has identified Subcontractor as its agent for obtaining Neighborhood Call subscriber information from SBC Califomia for provision of community alerts and notifications to ôitizens as defined in Califomia public Utilities Commission Code Sections2872 and 2891.1 and as allowed in SBC California's Tariff, CAL.p.U.C. NO. A9.2.6. tn the event Customerelectg !o no longer use Subcontractor for obtaining Neighborhood Call subscriber information, Customer shall provide SBC California written nolice of sucfr change 3b dats in advance of Subcontraciof s agenry status being terminated by Customer. 3. Subcontractor cefiñes that it has reviewed the terms and conditions of the SBC California Tariff, CAL. p.U.C. NO. 49.2.6 for Neighborhood Call and ,specifically 49.2.68.2.b which stipulates in part "The Neighborhood Call database information.provided_to Customer pursuanl to this tariff is'confidentiâl and proprietãry and such information will be held ¡n confidence and only used and disclosed to Customer's employees ór its subcontractors and agents with a need to know for purposes of providing a community alert and notificaiions to citÞens as defined in Califomia Public Utilities Code Sections2872 and 2891.1. Cuslomér egrees that each of its employees, suöcontractors or agents receiving or having access to the Neighborhood Call database information will be informed that such information ¡s.subject to the lerms and condltions of this tariff and the Neighborhood Call database information will remain the property of Pacific; that the Neighborhood Call databasJinformation will be treated with thê same.degre-e of care as Customer affords to its own highly confdential and proprietary information; and that the Ne¡ghborhood Call database information will not be reproduced in any manner, uniess oihenrise specifically authorized in writing by Pacific. Upon request, Cuslomer will promptly ietum to Pacific all Neighborhood Call database information in a tangible form or certi! to Pacilic that such informá¡on has been destroyedl' 4. Sqbcontractor agrees to comply with each of the obligations containect in SBC California's Tariff, CAL. p.U.C. NO.49.2.6.8.2.b for Neighborhood Call Tariff. Notwilhstanding the preceding senlence, Subcontractor agrees that noNeighborhood Call subscriber information will shared with any non-employee of Subcontractor, whãther it be asubcontraclor or agent, wilhout the written authorization of Customei a-nO ttre execution of a Nondisclosure Agreement with SBC California. 5. This Nondisclosure Agreement shall be in effect from the Effeciive Date until such time that Customer terminates its r9qu99t for Neighborhood Call service ftom SBC Califomia or Customer elecls to no longer use Subcontractor forobtaining Ne-ighborhood Call subscriber information. Subcontracto/s duty to keef the Ne¡ghborhood Callsubscriber information confidential shall continue beyond the term of this Nondisclosure Agreement unt¡l such timethat Subcontrac{or returns to SBC Califomia all Neighborhood Calt subscriber informaliın in a tangible form orcerl¡fies to SBC California that such informat¡on has been destroyed. 6. Nothing conlained in this Nondisclosure Agreement shall be construed as granting or conferring any righls bylicense or othensise in any lnformation. 7. This Nondisclosure Agreement shall benefit and be binding upon the parties hereto and their respec{ive subsidiaries, añiliates, sucÆessors and ess¡gns. 8. This Nondisclosure Agreement shall be governed by and construed in accordancæ with the laws of the State ofCalifomia, inespective of its choice of laws principles.- ISTGNATURE PAGE FOLLOWSI Attachment A - Memorandum of Understanding PÂCifiÇ BñLL TELEPfIüÞ*E CtnipÅHY dba $BC *AL}FûRNI Frinl flar*e: Tiiie: Þate Signer*: )fiXX {S*bcontrâstor *¡'rd/or &gent} ÞrìÊ, Iitl*: Ðate XXXX (Customer) Print Name: Title Prooram M¡naaar Date Signed: June 30.2008 _ Page21 of 23 Exhibit G 2 Attachment A - Memorandum of Understanding Page 22 of 23 Exhibit D Public Mass Notification System Individual User Agreement l. [Insert Name] (hereinafter "USER") is an agent, officer, employee or representative of [Insert name of entity], (hereinafter "PARTICIPANT"). 2. PARTICIPANT is a signatory to a Memorandum of Understanding ("MOU") between with the County of Orange ("COUNTY") for Use of Countywide Mass Notification System ("SYSTEM"). 3. As an agent, officer, employee or representative of PARTICIPANT, USER has been granted access to the System by PARTICIPANT and is deemed an Individual User under the MOU. 4. USER understands that as an Individual User, USER may only use the SYSTEM in the manner described in the MOU, the Everbridge GSA Approved End User License Agreement, and in accordance with the requirements of the law. . 5. By signing this Individual User Agreement, USER hereby further expressly agrees to the do following things: a) to maintain the confidentiality of login and password information; b) to use the System in accordance with all applicable laws and regulations, including those relating to use of personal information; c) to be responsible for any breach of the terms of the Agreement with Everbridge and/or the MOU between PARTICIPANT and COLINTY caused by the Individual User; and d) to maintain the confrdentiality of all records and information to which the Individual User may have access as a result of their access to the System pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this MOU; and e) that all information transmitted and the use of the SYSTEM by USER shall be in compliance with California Public Utilities Code section2872. 6. USER also acknowledges having been provided the opportunity to review the GSA Approved End User License Agreement with Everbridge, the MOU and California Public Utilities Code section 2872, prior to signing this Individual User Agreement, and hereby agrees to abide by both the leffer and intent of those documents.. 7. USER may withdraw their consent to terms contained within this Individual User Agreement atany time by notifying PARTICIPANT in writing. USER acknowledges, Attachment A - Memorandum of Understanding Page 23 of 23 Exhibit D however, that withdrawing USER's consent will result in immediate termination of USER's right and.ability to access the SYSTEM. By signing this Individual User Agreement, USER acknowledges having thoroughly read the foregoing, and hereby consents and agrees to the above terms and conditions. Dated Signature Printed Name