16-0621_ORANGE, COUNTY OF_F9_Agenda Report6/21/2016
TO :
FROM :
SUBMITTED BY :
DATE :
SUBJECT:
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
;7~ Siegel, City Manager
Charlie View, Interim Assistant City Manage ~
June 21, 2016
Memorandum of Understanding for use of the Countywide Mass
Notification System (AiertOC)
RECOMMENDATION :
By motion, authorize the City Manager to execute the Memorandum of Understanding
with The County of Orange to participate in the Countywide Public Mass Notification
System.
EXECUTIVE SUMMARY:
The County of Orange has selected Everbridge Inc. as the new service provider for the
Countywide Public Mass Notification System, commonly known as AlertOC. AlertOC is
a mass notification system designed to keep Orange County residents and businesses
informed of emergencies and certain community events. As a participating agency, the
County is requesting the City execute a new Memorandum of Understanding (MOU)
that recognizes the selection of this new service provider.
DISCUSSION/ANALYSIS:
AlertOC is Orange County's regional public mass notification system designed to keep
those who live or work in Orange County informed of important information during
emergency events. The system is sponsored and led by the County of Orange in
partnership with Orange County cities and other agencies.
Public mass notification systems have become a critical component of emergency
preparation and response.
• Residents prepare to be notified of emergencies by providing their landline
phones, cell phones and e-mail addresses.
• Public safety officials respond by using the system to rapidly send out messages
when there is a perceived, upcoming or imminent situation that may require
community action.
F9
City Council Agenda Report
June 21, 2016
Page 2 of 2
Based on the severity of the event, AlertOC may be used to contact residents by one or
all of the following methods: home phone, work phone, cell phone, e-mail, text
message. Mass notification systems have been attributed with saving lives during the
2007 Southern California wildfires by quickly notifying residents of evacuation
instructions at all hours.
The County, as the lead agency for AlertOC, has entered into a new MOU with
Everbridge, Inc. to operate the alert system. The new MOU Scope of Services is
unchanged from the previous MOU, the only change is the replacement of the previous
service provider with Everbridge, Inc. The MOU is for the term of July 1, 2016 through
June 30, 2021.
FISCAL IMPACT:
There are no costs for the City's use of the AlertOC System for emergency notification
to the community.
ENVIRONMENTAL IMPACT:
Entering into the MOU for ongoing participation in the ALERTOC System is covered by
Section 15061 (b)(3), the general rule that the California Environmental Quality Act
(CEQA) applies only to projects which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is
not subject to CEQA. Ongoing participation in the AlertOC would not be an activity with
potential to cause significant effect on the environment and therefore exempt from
CEQA.
PRIOR CITY COUNCIL REVIEW:
Not applicable.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS :
Not applicable.
NOTIFICATION :
Not applicable.
ATTACHMENT(S):
Attachment 1 -AlertOC MOU
Attachment A-Memorandum of Understanding
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE COUNTY OF ORANGE
AND
PARTICIPANTS
FOR USE OF COUNTYWIDE MASS NOTIFICATION SYSTEM
Page 1 of 23
This Memorandum of Understanding, hereinafter referred to as "MOU," dated July 1,
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
"COUNTY," 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 May 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, COUNTY 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 of 5
ATTACHMENT 1
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 identifying
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 notification situation" shall mean instances when emergency information is
to be distributed through the System.
"Individual User" 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 justify the use of the System to distribute such
information.
"Non-emergency notification situation" shall mean instances when a PARTICIPANT
deems non-emergency information 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 ofS
Attachment A-Memorandum of Understanding Page 3 of 23
II. Hold Harmless: PARTICIPANT will defend, indemnify 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
("COUNTY INDEMNITIES") from and against any and all claims, demands, losses,
damages, expenses or liabilities of any kind or nature which COUNTY, 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. COUNTY will defend, indemnify and save harmless
PARTICIPANT, its officers, 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.
III. Term: This MOU shall be in effect from July 1, 2016 and shall expire on June 30, 2021,
unless COUNTY 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 COUNTY access to the same
services being provided by Everbridge, Inc. to the COUNTY 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, Band C. All PARTICIPANTS agree to the terms and conditions contained in
Exhibits A, B, and C. COUNTY retains the right to update Exhibits A, B, and C as
needed, in whole or in part, during the life of this MOU. Any and all revised Exhibits
will be distributed to PARTICIPANTS within five business days ofthe 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 confidentiality provisions of this MOU.
Page 3 of5
Attachment A-Memorandum of Understanding Page 4 of 23
PARTICIPANT further agrees to provide a copy of the signed Individual User
Agreement to COUNTY and notify COUNTY 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.
VI. 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-Sheriff-Coroner Department
Emergency Management Division
Attn: Donna Boston I Emergency Management
2644 Santiago Canyon Road
Silverado, CA 92676
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 confidential 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 confidentiality 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 section 2872. No party shall
post confidential information as part of a mass notification unless the law allows such
information to be released.
VIII. Termination: The COUNTY or any PARTICIPANT may terminate its participation in
this MOU at any time for any reason whatsoever. 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 COUNTY 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 VIII. 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 and/or export non-
Page 4 of5
Attachment A -Memorandum of Understanding Page 5 of23
public PARTICIPANT (aka inter-departmental) owned contact information, as well as,
export resident provided contact information prior to termination. Resident provided
contact information acquired through PARTICIPANT sources shall remain in the System
and available to the County for regional or multi-jurisdictional notification use as needed.
Should COUNTY discontinue its funding for the System, which shall be grounds for
COUNTY's termination of its participation , COUNTY shall give PARTICIPANTS six-
month advance courtesy notice prior to terminating the Agreement. All other reasons for
terminating by COUNTY shall be valid upon providing notice to the PARTICIPANTS .
Upon termination by COUNTY, this MOU shall no longer be in effect.
Termination by a PARTICIPANT shall not be deemed an amendment to this MOU as
defined in Paragraph X. Amendments, below.
IX. Amendments: This MOU may be amended only by mutual written consent of the parties
involved unless otherwise provided for in this MOU. The modifications shall have no
force and effect unless such modifications are in writing and signed by an authorized
representative of each party. Termination by a PARTICIPANT or adding a new
PARTICIPANT to this MOU shall not be deemed an amendment.
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding
to be executed by their duly authorized representatives as of the dates opposite the signatures.
COUNTY OF ORANGE
By:
Sandra Hutchens, Sheriff-Coroner
County of Orange
Date: -------
APPROVED M3 TO FOHM
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
PARTIC~ANT: ____________________________ ___
Date: --------By:
Authorized Signature
Print Name and Title
Page 5 of5
Attachment A-Memorandum of Understanding
Orange County Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
Page 6 of 23
Exhibit B
Effective: June 30, 2008 Revised : May 24, 2016
I. 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. Individual jurisdictions/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 part 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 available 24/7 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. It 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 VIII. Cost for
policy guidelines relating to non-emergency use .
Page I of 14
Attachment A-Memorandum of Understanding
Ill. GOVERNANCE
Orange County Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
Page 7 of 23
Exhibit B
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 individual Agency 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 Operational Area 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 Sheriffs 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. If 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 Sheriff's 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 Internet
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. Interactive phone survey technology and reporting
I. 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
Orange County Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
V. AUTHORIZED USE
Page 8 of 23
Exhibit B
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.
County 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 of 14
Attachment A-Memorandum of Understanding
Emergency Use
Orange County Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
Page 9 of 23
Exhibit B
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.g. 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. Imminent 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. Is there a significant threat to public life and safety?
2 . Public Protection . Is 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. Is the situation limited to a defined geographical area? Is
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. Is the message being sent follow up information to an emergency event in
progress?
If 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
Orange County Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
3. Contacting key staff regarding an emergency or crisis situation
Page 10 of 23
Exhibit B
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. It is highly recommended all messages are recorded using a real voice and not the
computer transcriber.
4 . It 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. Inter-Department Communication
City and County Agencies may use the Mass Notification System for non-emergency inter-
departmental business communication as needed, without cost. It 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 local Agency , See section VIII.
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.g. articles , retirement announcements, etc .)
4. To send a message to an E911 obtained data source; see Section Ill, Governance,
for additional information relating to E911 data use restrictions
Page 5 of 14
Attachment A-Memorandum of Understanding
Orange County Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
C. Confidentiality
Page 11 of 23
Exhibit B
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 applicab le 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 USERS
A. Public Notifications
In 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 IX. 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 Sheriffs 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 IX . System Administration and
Operation .
Page 6 of 14
Attachment A-Memorandum of Understanding
Orange County OperaUonal Area
Countywide Public Mass Notification System
Standard Operating Procedures
Page 12 of 23
Exhibit B
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 Sheriffs
Department Emergency Management Division.
Inter-Department User: Inter-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 In 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 Sheriffs 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 Operational Area (example: Countywide
quarantine order for a health alert). Upon sending a countywide notification, Orange
County Sheriffs 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. In 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. Exceptio n: 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
Page 7 of 14
Attachment A-Memorandum of Understanding
Orange County Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
Page 13 of 23
Exhibit B
will have to occur with the Orange County Sheriffs Department/Watch 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. In 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. In 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. It 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. If the Operational Area EOC is activated, agencies may request to utilize the Orange
County Information 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.g. in-home care, schools, etc.) or those susceptible to certain risks (e.g. homes within
dam inundation zone). It is the responsibility of the participating Agency to create,
maintain and update these lists.
B. Emergency Response and Inter-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
Orange County Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
Page 14 of 23
Exhibit B
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. It is the sole responsibility of each participating Agency to maintain these lists and to
launch notifications as deemed necessary.
VIII. COSTS
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 E911 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
Individual 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 Sheriffs 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 countywide mass notification 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.
8. System support: provide support to Local Agency Administrators.
B. Local Agency Administrator
Page 9 of 14
Attachment A-Memorandum of Understanding
Orange County Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
Page 15 of 23
Exhibit B
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. Local Agency 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 gee-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.
8. 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 10 of 14
Attachment A-Memorandum of Understanding
Orange County Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
2. Resident-Comprises households and businesses .
Page 16 of23
Exhibit B
3. IVR-Interactive 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 11 of 14
Attachment A -Memorandum of Understanding Page 17 of 23
Orange County Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
Exhibit B
Revision History:
Revision Date Author Description
April18 , 2008 PMNS Policy Committee Document originated
May 19 , 2008 PMNS Executive Review Team Non-emerqencv session termination in Section V., Item C .
June 16, 2008 Teara LeBlanc Exception clause in Section VII, Item A ., bullet 2 .
May 2010 Vicki Osborn Revision of all sections
June 2012 Raymond Cheung Revision for OCSD transition
May 2013 Ravmond Cheung Revision for new vendor contract
May 2016 Raymond Cheung Added confidentiality item to Section V., Item C. and
allowed non-emergency use in Section V., Item B. and
Section VIII.
Page 12 of 14
Attachment A-Memorandum of Understanding
Orange County Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
Attachment A-Alert OC Trigger Points Guidelines (Placeholder)
Type of Incident Description
Active Shooter A shooting with armed individual or individuals is
occurring in a known area.
Boil Water An unsafe water supply issue requiring the public to
Orders boil water before use.
Building Fire A fire occurring in an urban area requiring evacuation
or shelter in place for the immediate area.
Violent Crimes Violent crimes that just occurred such as robbery,
assault, murder, etc.
Felony Suspect Law enforcement is currently searching for a felony
at Large suspect that is suspected to be in a certain area.
HazMat Hazardous Materials incidents that require a fire/hazmat
response and may include evacuations or shelter-in-
place orders.
Health Orders Any public health order made pursuant to County
Health Officer recommendations.
Missing Adult 12-17 yrs with decreased mental capacity or medical
(920A) with condition
special circs
Missing Child 12 yrs or younger ***Discussion add Amber alert
(920C) triggers
Missing Juvi 18 yrs and older 12-17 yrs with decreased mental
(920J)with capacity or medical condition
special circs
Severe Weather Weather warnings that forecast an occurring or
Related imminent threat to public safety or coincide with
protective action recommendations such as voluntary
or mandatory evacuation orders.
Evacuation or Voluntary or mandatory evacuation or shelter-in-place
Shelter-in-Place orders.
Wildland Fire A fire occurring in a wildland urban interface area
requiring immediate evacuation or shelter-in-place.
Road Closures Unplanned road closures due to an emergency
situation.
Planned Events Road closures due to community events planned in
advance.
Page 13 of 14
Page 18 of 23
Exhibit B
Meets
Public
Safety
Criteria
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
Attachment A-Memorandum of Understanding
Orange County Operational Area
Countywide Public Mass Notification System
Standard Operating Procedures
AlertOC Activation Form (for emergency use only)
(Attachment B)
Page 19 of 23
Exhibit B
I Re-quest R-e-ceived------l
IDatejTime : _l ______ J
By: (Name/Title) -~ j
Jurisdiction Information ----
Jurisdiction Name :
i---------------
Requestor: (Name/Title)
Contact Phone Numbers : #1:
Authorizing Official:
(Name/Title) -------____ ....___ __ _
Message Specifics
------~
Date/Time Message to Be Sent: D Immediately
Targeted Recipients:
Type of Message: D Phone D e-mail D SMS
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
Page 14 of 14
-
I #2:
Attachment A -Memorandum of Understanding
NONDISCLOSURE AGREEMENT
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 PACIFIC BELL
TELEPHONE COMPANY dba SBC CALIFORNIA, a California corporation (hereinafter "SBC California"), County of
Orange (hereinafter "Customer") and NTI Group, Inc. (hereinafter "Subcontractor").
1. Customer has requested Neighborhood Call service from SBC California under SBC California's Tariff, CAL.P.U .C .
NO. A9.2.6 and agrees to comply with all provisions of SBC California'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 California for provision of community alerts and notifications to citizens as defined in California Public Utilities
Commission Code Sections 2872 and 2891 .1 and as allowed in SBC California's Tariff, CAL.P.U .C. NO. A9.2.6. In
the event Customer elects to no longer use Subcontractor for obtaining Neighborhood Call subscriber information,
Customer shall provide SBC California written notice of such change 30 days in advance of Subcontractor's agency
status being terminated by Customer.
3. Subcontractor certifies that it has reviewed the terms and conditions of the SBC California Tariff, CAL. P.U.C . NO.
A9 .2.6 for Neighborhood Call and specifically A9.2.68.2.b which stipulates in part: "The Neighborhood Call
database information provided to Customer pursuant to this tariff is confidential and proprietary and such
information will be held in confidence and only used and disclosed to Customer's employees or its subcontractors
and agents with a need to know for purposes of providing a community alert and notifications to citizens as defined
in California Public Utilities Code Sections 2872 and 2891.1. Customer agrees that each of its employees,
subcontractors or agents receiving or having access to the Neighborhood Call database information will be
informed that such information is subject to the terms and conditions of this tariff and the Neighborhood Call
database information will remain the property of Pacific; that the Neighborhood Call database information will be
treated with the same degree of care as Customer affords to its own highly confidential and proprietary information;
and that the Neighborhood Call database information will not be reproduced in any manner, unless otherwise
specifically authorized in writing by Pacific. Upon request, Customer will promptly return to PacifiC all Neighborhood
Call database information in a tangible form or certify to Pacific that such information has been destroyed."
4. Subcontractor agrees to comply with each of the obligations contained in SBC California's Tariff, CAL. P.U.C. NO.
A9.2.6.8.2 .b for Neighborhood Call Tariff. Notwithstanding the preceding sentence, Subcontractor agrees that no
Neighborhood Call subscriber information will shared with any non-employee of Subcontractor, whether it be a
subcontractor or agent, without the written authorization of Customer and the execution of a Nondisclosure
Agreement with SBC California.
5 . This Nondisclosure Agreement shall be in effect from the Effective Date until such time that Customer terminates its
request for Neighborhood Call service from SBC California or Customer elects to no longer use Subcontractor for
obtaining Neighborhood Call subscriber information . Subcontractor's duty to keep the Neighborhood Call
subscriber information confidential shall continue beyond the term of this Nondisclosure Agreement until such time
that Subcontractor returns to SBC California all Neighborhood Call subscriber information in a tangible form or
certifies to SBC California that such information has been destroyed.
6. Nothing contained in this Nondisclosure Agreement shall be construed as granting or conferring any rights by
license or otherwise in any Information.
7. This Nondisclosure Agreement shall benefit and be binding upon the parties hereto and their respective
subsidiaries, affiliates, successors and assigns .
8 . This Nond isclosure Agreement shall be governed by and construed in accordance with the laws of the State of
California, irrespective of its choice of laws principles.
[SIGNATURE PAGE FOLLOWS]
Attachment A -Memorandum of Understanding
PACIFIC BELL TELEPHONE COMP A NY dba
SBC CALIFORN IA
By : ______________ _
Print Name:
Title: ----------------
Date Signed : _____________ _
XX XX (Subcontractor and/or Agent)
By : ______________ _
Print Name: _____________ _
Title: ----------------
Date Signed:. ____________ _
Print Name: T eara LeBlanc
Title Program Manager
Date Signed : June 30 2008
2
Page 21 of 23
Exhibit C
Attachment A-Memorandum of Understanding Page 22 of 23
Public Mas Notification System
Individual User Agreement
Exhibit D
1. [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 COUNTY caused
by the Individual User; and
d) to maintain the confidentiality 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 ofthis MOU; and
e) that all information transmitted and the use of the SYSTEM by USER shall be
in compliance with California Public Utilities Code section 2872.
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 letter and intent of those documents ..
7. USER may withdraw their consent to terms contained within this Individual User
Agreement at any 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