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17 - Memorandum of Understanding - County of Orange - AlertOC Costa Mesa Sanitary District …an Independent Special District Protecting our community’s health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Memorandum To: Board of Directors Via: Scott Carroll, General Manager From: Anna Sanchez, Administrative Service Manager Date: June 27, 2013 Subject: Memorandum of Understanding with County of Orange for Use of AlertOC Notification System Summary AlertOC is Orange County’s public mass notification system utilized to notify the public of emergency events and actions that should be taken in response to those events. AlertOC is currently used by the County of Orange, most Orange County cities, and most of the water districts. Wastewater utilities are being invited to participate starting this year. AlertOC is funded and managed by the Orange County Sheriff’s Department Emergency Management Division. Staff Recommendation Staff recommends the Board of Directors authorize the General Manager to enter into a Memorandum of Understanding (MOU) between the County of Orange and Costa Mesa Sanitary District for use of AlertOC, a countywide mass notification system. Analysis AlertOC is a public mass notification system that was initiated and is paid for by the County of Orange. AlertOC that is used to notify residents and businesses in the event of an emergency in which the public should take protective action, such as evacuation orders or boil water notifications. The system utilizes two databases for public notifications. The ITEM NO. 17 Board of Directors June 27 , 2013 Page 2 of 3 first is what is called E911 data. E911 data includes all landline phone numbers provided by the telephone companies. The second data set comes from self reg istration. The self - registration portal, www.alertoc.com , allows for residents and people who work within Orange County to register additional contact information such as emails, cell phone numbers, and to opt into receiving text messages as well. In order to utilize the system each agency is required to sign a Memorandum of Understanding (attached) with the County and authorized users are required to attend training on the use of the system. The MOU is largely to ensure the proper use of the system and more specifically the E911 data. E911 data can only be us ed for emergency notifications and cannot be used for any other purpose. Agencies are also strongly encouraged to create an internal policy on use of the system, or to include its use in their Emergency Operations Plan. Currently, out of the thirteen wate r special districts, nine water utilities have chosen to participate in the program. It is expected that these same nine water utilities will continue to participate, as well as an additional four wastewater agencies. City Water Departments are covered by City wide participation in the program. Expected Utility Participation: 1. Costa Mesa Sanitary District 2. East Orange County Water District 3. El Toro Water District 4. Midway City Sanitary District 5. Moulton Niguel Water District 6. Municipal Water District of Orange County 7. Orange County Sanitation District 8. South Coast Water District 9. Serrano Water District 10. Santa Margarita Water District 11. Trabuco Water District 12. Yorba Linda Water District 13. South Orange County Wastewater Authority The MOU will cover use of the AlertOC system from July 1, 2013 through June 30, 2017. Strategic Plan Element & Goal This item complies with the objective and strategy of Strategic Element 5.0., Administrative Management , which states: Board of Directors June 27, 2013 Page 3 of 3 “Objective: To create, maintain and implement policies an d procedures to ensure sound management of the District.” “Strategy: We will conduct periodic reviews, refine and implement policies and procedures, and assure the General Manager has the direction and tools necessary for successful District operations.” Legal Review District Counsel has reviewed the MOU. Financial Review AlertOC is funded and managed by the Orange County Sheriff’s Department Emergency Management Division. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the June 27, 2013 Board of Directors regular meeting at District headquarters and on District’s website. Alternative Actions 1. Direct staff to report back with more information Attachment A: 2013 AlertOC MOU Attachment B: Exhibit A as referenced in the 2013 AlertOC MOU Attachment C: Exhibit B as referenced in the 2013 AlertOC MOU Attachment D: Exhibit C as referenced in the 2013 AlertOC MOU Page 1 of 5 M EMORANDUM OF U NDERSTANDING BETWEEN THE COUNTY OF ORANGE AND PARTICIPANT S FOR USE OF COUNTYWIDE MASS NOTIFICATION SYSTEM This Memorandum of Understanding, hereinafter referred to as “MOU,” dated _______________, which date is stated for purposes of re ference 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 protectin g a resident population and maintain ing a dedicated public safety answering point (PSAP) within the County of Orange , hereinafter referred to individually as “PARTICIPANT” or collectively as “PARTICIPANT S .” This MOU is intended to establish governance a nd 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 emerge ncy; and WHEREAS, the County is making use of the System available to all cities and agencies within the County of Orang e who have the responsibility for protecting a resident population and maintaining a dedicated public safety answering point (PSAP); an d WHEREAS, COUNTY ent ered into Orange County Agreement N o. MA -060 -13011688 (“Agreement”) w ith Blackboard Con nect, Inc., for the provision of Public Mass Notification System Services , on or about May 21 , 20 13 , attached hereto as Exhibit A , to disseminate c ritical, time -sensitive emergency information to COUNTY’s citizens and businesses through phone and e -mail devices for eme rgency notification purposes; and WHEREAS, Blackboard Connect, Inc. agrees to provide to PARTICIPANTS the services agreed to by Bla ckboard Connect, Inc. and COUNTY as contained under the Agreement in exchange for abiding by the terms set forth in this MOU ; and WHEREAS, PARTICIPANTS agree to uphold the same terms and c onditions of the Agreement , to use the System in compliance with al l usage agreements identified and incorporated herein as Exhibit A (Orange County Agreement N o. MA -060 -13011688 ), 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. Page 2 of 5 NOW, THEREFORE, the p arties agree as follows: I. Definitions : “Agreement” shall refer to Orange County Agreement N o. MA -060 -13011688 between COUNTY and Blackboard Connect, Inc . The Agreement is attached to thi s 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 wit h this MOU and its Exhibits . “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 P ARTICIPANTS ’ respective jurisdictions . “Emergency i nformation” shall mean information relevant to the safety and welfare of recipients in the event of an E mergency. Such information shall include but not be limited to instructions and directions to allev iate or avoid the impact of an e mergency. “Emergency notification situation” shall mean instances when emergency i nformation is to be distributed through the System. “Non -emergency information” shall refer to information that is not relevant to the safet y 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 PARTICIPAN T deems non -emergency information to be of significance to a PARTICIPANT’S jurisdiction and the PARTICIPAN T uses the System to distribute such information. “System” shall mean the Public Mass Notification System as provided by Blackboard Connect, Inc. to COUNTY under the Agreement. The S ystem is designed to disseminate information by utilizing common communication s, i.e. telephone and e -mail communication s to citizens and businesses as permitted under the Agreement. II. Hold Harmless: PARTICIPANT will defe nd, 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 Page 3 of 5 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 voluntee rs 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 o f 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 ef fect from July 1, 2013 and shall expire o n June 30, 201 7 , unless COUNTY funding of the System becomes unavailable at which time PARTICIPANTS will b e given six -month advance notice per the termination terms found in Paragraph IX. Termination, below . IV. Scope o f Services: PARTICIPANTS shall receiv e from Blackboard Connect, Inc. the same services provided by Blackboard Connect, 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 PA RTICIPANTS . PARTICIPANTS and Blackboard Connect, Inc. acknowledge and agree that any actions taken by Blackboard Connect, Inc. or any PARTICIPANT under the scope of the Agreement and this MOU are the responsibility of Blackboard Connect, Inc. and the resp ective PARTICIPANT. 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 an d conditions cont ained 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 day s 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, emp loyees, and r epresentatives 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. The sc ope 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. PARTICIPANTS may arrang e f or the use of the System with Blackboard Connect, Inc. to distribute non -emergency information . However, an y agreement reached between Blackboard Connect, Inc. and any PARTICIPANT for the use of the System for non - emergency notification situations shall e xist only between Blackboard Connect, Inc. and Page 4 of 5 the PARTICIPANT. In accordance with Paragraph II . Hold Harmless , above, COUNTY shall be held harmless and indemnified by the PARTICIPANTS and Blackboard Connect, Inc. from any actions whatsoever arising from any PARTICIPANT’s use of the System for non -emergency services. 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. Compensation: All compensation owed by PARTICIPANTS to Blackboard Connect, Inc. shall be made between PARTICIPANTS and B lackboard Connect, Inc . VII. 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 Bureau Attn: Donna Boston / 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 . VIII. Confidentia lity: Each p arty agrees to maintain the confidentiality of all related record s and information of the other p arty 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 Ca lifornia Public Utilities Code s ection 2872. IX. Termination : The COUNTY or any PARTICIPANT may terminate its participation in this MOU at any time for any reason whatsoever. If any PARTIC IPANT 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 terminat ion date. A terminating PARTICIPANT shall uphold the obligations contained in Paragraph II. Hold Harmless in its entirety and Paragraph VIII. Confidentiality, above . Upon terminat ion , PARTICIPANT agrees to inform each PARTICIPANT user to stop using the Sy stem 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 - public PARTICIPANT (aka inter -departmental) owned contact information , a s well as , export resident provided c ontact information prior to termination. Resident provided Page 5 of 5 contact information acquired through PARTICIPANT sources shall remain in the System and available to the County for regional or multi -jurisdictional n otification 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 termin ating 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. X. 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 aut horized 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 p arties 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: ___________________________________ Date: _________________ Sandra Hutchens, Sheriff -Coroner County of Orange PARTICIPANT : __________________________________________ By: ___________________________________ Date: _________________ Authorized Signature ___________________________________ Print Name and Title Page 1 of 32 Page 2 of 32 Page 3 of 32 Page 4 of 32 Page 5 of 32 Page 6 of 32 Page 7 of 32 Page 8 of 32 Page 9 of 32 Page 10 of 32 Page 11 of 32 Page 12 of 32 Page 13 of 32 Page 14 of 32 Page 15 of 32 Page 16 of 32 Page 17 of 32 Page 18 of 32 Page 19 of 32 Page 20 of 32 Page 21 of 32 Page 22 of 32 Page 23 of 32 Page 24 of 32 Page 25 of 32 Page 26 of 32 Page 27 of 32 Page 28 of 32 Page 29 of 32 Page 30 of 32 Page 31 of 32 Page 32 of 32 Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 1 of 13 Effective: June 30, 2008 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 S ystem , hereinafter referred to as “System”. Th is document will provide more specific step -by -step procedures and roles and responsibilities at the regional level including describing expectation of participants. In dividual 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 plan s for overall planning and response efforts. A copy of these procedures shall be maintained in RespondOC in the AlertOC folder. 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 warni ng and time sensitive information to county businesses and residents during time of an emergency event. The Public Mass Notification S ystem is only one component of the County of O range P ublic W arning S ystem. As deemed fit by local authorities, t he S ystem 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. T he Mass Notification System is available 24/7 and has been pre -loaded with Orange County landline phone numbers (including unlis t ed) 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 c ounty and all participating entity websites. Upon local authority decision to activate , the System will be used to send a message , describ ing the situation and recommend ed action the public should take , to affected businesses and households via telephon e, e -mail and/or text . The County of Orange , Orange County Sheriff’s Department is the sponsor of the Countywide Public Mass Notification S ystem initiative and will take appropriate measures to e nsur e that the System is in a state of operational readiness at all times. It is the responsibility of all participating Agencies to maximize c itizen benefit s f rom the System . While the County’s intent for implementing and maintaining the System is for “emergency” use, upon c onsent from local authorities, c ities may optionally use the S ystem to disseminate “government -related” non -emergency notifications to citizens and organization resources within its jurisdiction. See Section V. Authorized Use an d Section V III . Cost for policy guidelines relating to non -emergency use . Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 2 of 13 III. GOVERNANCE The Orange County Sheriff’s Department Emergency Management Division will manage the Mass Notification S ystem 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 A gency when they opt into the system. Use of the S ystem by each Agency is contingent upon that Agency abiding by the contract with the mass notification vendo r, and the protocols established by the Emergency Management Council and Operational Area Executive Board. The S ystem 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 violatio n 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 mus t 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 Sheriff’s 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 a udit 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 Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 3 of 13 V. AUTHORIZED USE The Mass Notification S ystem is designed to be a countywide asset, available to all Agencies that have a dedicated p ublic safety answering point (PSAP) and /or a resident p opulation they are responsible for making p rotective action recommendations . An Agenc y may participate in the countywide S ystem at no charge when used for emergency purposes until June 2017. Agencies authorized to join the system at no cost are limited to the incorporated cities in the Orange County Operational Area, C ounty 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 admini stering 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 sig ning 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 ident ify 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 o ther cou nty 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 Sheriff’s 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 sig ning the agreement, the Agency will be provided a local administrator account, and the Or ange County Sheriff’s 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. Throughou t 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. Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 4 of 13 Emergency Use Use of the Mass Notification System for emergency activity contains two components: (1) the need t o 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 an d other follow up information, rentry 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 a n 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 limit ed 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 informati on? 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 activ ation of the Mass Notification S ystem for emergency purposes may be warranted. To assist with trigger points for potential message use topics refer to Attachment A E mergency Responder N otifications are limited to: 1. Contacting first responders to advise of an emergency 2. Contacting first responders to report for duty due to an emergency 3. Contacting key staff regarding an emergency or crisis situation Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 5 of 13 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. N otification 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 additiona l or updated information 5. An all clear notification should be sent when applicable A. Inter -Department Communication City and County Agenc ie s 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 violati on of this term may have their use of the system suspended. Add itionally, 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 c riminal 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 s essions if needed to increase emergency message success . The primary concern for point of failure in this situation is not the M ass N otifi cation S ystem, but the telephone port capacity of local phone provider s 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 S ection III , Gov ernance, for additional information relating to E911 data use restrictions Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 6 of 13 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 w ill be officials in cludi ng , emergency management, fire and city manager departments. County Administrator : The Orange County Sheriff’s 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 ” user s . County U sers will have permission to access and launch e mergency notifications to all jurisdictions within Orange County consistent with County Operational Area public safety response guidelin es. All other county agencies will have permission to execute inter departme nt 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 Sheriff’s Department Commander will be responsible for execution of messages. Local Agency Administrator : A minimum of one designated Local Agency A dministrator will be required for each Agency participating in the countywide System. Local Agency Admi nistrator responsibilities are covered in section IX. System Administration and Operation. Local Agency User : Participating Agencies may have an unlimited number of Local Agency U sers . Local Agency Users will have access to resident contact records within their jurisdicti on as well as neighboring jurisdictions with an established MOU agreement . Local Agency U sers will be authorized and managed by the Local Agency Administrator and may have varied system permission s . Any City jurisdiction who has contracted police services (ex: Yorba Linda Police Services is contracted with Brea Police Department) shall grant and provide access to their jurisdictions system in order to launch messages in a timely manner.  Water agenci es are identified as local users under the Orange County Sheriff’s 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 includ ing but limited to first responder or volunteer call -outs. Additional user for special contact groups including In House Special Services (IHSS), access and Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 7 of 13 functional need cliental may be established with prior authorization from the Orange County Sheriff’s Department to ensure no vendor contract violations are occurring. VII. ACTIVATION OF THE SYSTEM Each City Jurisdiction i s responsible for launching messages to affected citizens and businesses within their jurisdiction. Determination of authority to request activation of the Mass Notification S ystem rest with local officials, not with the County of Orange or the Orange County Sheriff’s Department Emergency Management Di vision . 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 S ystem to send notifications of regional emergencies to any and all residents within the O perational A rea (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 ha ve been sent by the County to residents of their c ities . 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 jurisdic tion. 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 will have to occur with the Orange County Sheriff’s Department/Watch Commander when the EOC is not activated. 3. For a City wishing to send or receive messages to or from a neighboring A genc y during time of a multi -jurisdictional incident, an MOU should be establish ed between both parties that grants permission for the handling A gency to send emergency notification to resi dents within the affected Agency. (Exception will be made for cities who have contracted law enforcement services. N o 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 Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 8 of 13 manage rs 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 si nce 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 c ontaining all information required in order to launch a message. Authority to request mutual aid assistance from Control One must be request ed by a Lieutenant or above (same protocols as requesting a Code Alex). 6. If the Operational Area EOC is activated, a gencies 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. P articipating A gencies 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. Em ergency Response and Inter -Department Notifications: 1. Each p articipating A gency is authorized to create employee /volunteer and department call lists and pre -recorde d 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 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 Sheriff’s 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 update d E91 1 telephone data and geographic maps. Co sts associated with use of the S ystem for non -emergency activit y is the responsibility of the l ocal Agency through separate contract with the mass notification Vendor. Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 9 of 13 IX. SYSTEM ADMINISTRATION /OPERATIONS Individual Agencies are responsible for provid ing login s and procedural training to key individuals within their Agency responsible for using the Mass Notification System . A. County Administrator The Orange County Sheriff’s Department will assign a nd 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 n otification s ystem. The County Administrator is responsible for: 1. System acquisition and contract management . 2. Policy management and as needed modification (i n consultation with public safety , emergency management and emergency response personnel.) 3. Audit compliance: r outine monitoring o f System use t o insure policy and contract compliance. 4. Access management : record management of signed MOU f rom each participating Agency, distribution of l ocal administrator account s and updated local administrator contact list. 5. Data ma n agement : E911 d ata 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 a ction 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 A gency A dmin istrators. B. Local Agency Administrator Participating Agencies agree to a ppoint a designated Mass Notification Local A dministrator responsible for leading, coordinating, monitoring and optimizing use of the Mass Notification S ystem at the local level. Local Agency A dministrator shall act as the Agency’s central point of contact and will work collaboratively with the County A dministrator to insure local use of the system is within policy and MOU guidelines. Local Agency A dministrator is responsible for: 1. Contract acquisition if Agency will use the system for non -emergency purposes. 2. Local Agency Mass Notification Operating P rocedure 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 u ser account distribution and management, record management of MOU(s) and signed end user P&P. 5. Data manage ment: perform routine data management, error -correcting and data integrity updates to S ystem contact and geo -coded map data. Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 10 of 13 6. Testing: facilitate routine local System test exercise, document local test results and recommend and execute, as needed, correctiv e 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 S ystem and citizen web portal. 8. System supp ort: provide support to local Agency end -users. X. INFORMATION SYSTEMS AND SUPPORT The Orange County Sheriff’s Department will acquire and maintain 24x7x365 v endor support for the Mass Notification System. Participating Agen cies are authorized to contact v endor support as needed. XI. ROUTINE TESTING The Mass Notification System will be tested quarterly . T est exerci s es 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 a dministrators and users will be able to observe the mode of operation to augment and refresh Sys tem and process knowledge . Specific t est exercise routine s , 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 qu arterly Mass Notification countywide test exercises. XII. DEFINITIONS 1. System – A ll components of the Mass Notification System including hardware, software, access portals, contact data and GIS maps. 2. Resident – Comprises households and businesses. 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 c itizens and property located within the boundaries of the county and participants’ respective jurisdictions. Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 11 of 13 Revision History: Revision Date Author Description April 18, 2008 PMNS Policy Committee Document originated May 19, 2008 PMNS Executive Review Team Non -emergency 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 Raymond Cheung Revision for new vendor contract Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 12 of 13 Attachment A – Alert OC Trigger Points Guidelines (Placeholder) Type of Incident Description Meets Public Safety Criteria Active Shooter A shooting with armed individual or individuals is occurring in a known area. Yes Boil Water Orders An unsafe water supply issue requiring the public to boil water 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 (920A) with spec ial circs 12 - 17 yrs with decreased mental capacity or medical condition Yes Missing Child (920C) 12 yrs or younger ***Discussion add Amber alert triggers 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 requiring immediate evacuation or shelter -in -place. Yes Road Closures Unplanned road closures due to an emergency situation. Yes Planned Events Road closures due to community events planned in advance. No Orange County Operational Area Countywide Public Mass Notification System Standard Operating Procedures Page 13 of 13 Alert O C Activation Form (for emergency use only) (Attachment B) Request Received Date/Time: By: (Name/Title) Jurisdiction Information Jurisdiction Name: Requestor: (Name/Title) Contact Phone Numbers: #1: #2: Authorizing Official: (Name/Title) Message Specifics Date/Time Message to Be Sent: Immediately Targeted Recipients: Type of Message: Phone e -mail 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 NONDISCLOSURE AGREEMENT NONDISCLOSURE AGREEMENT BETWEEN PACIFIC BELL TELEPHONE COMPANY dba SBC CALIFORNIA, AND THE COUNTY OF ORANGE. CALIFORNIA THIS AGREEMENT. effective this 26th day of June, 2008, ("Effective Date") is between PACIFIC BELL TELEPHONE COMPANY dba sac 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 sac California under sac California's Tariff, CAL.P.U.C. NO. A9.2.6 and agrees to comply with all provisions of sac California's Tariff, CAL.P.U.C. NO. A9.2.6. Customer has identified Subcontractor as its agent for obtaining Neighborhood Call subscriber information from sac California for provision of comrnunity alerts and notifications to citizens as defined in California Public Utilities Commission Code Sections 2872 and 2891.1 and as allowed in sac 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 sac California written notice of such change 30 days in advance of Subcontractor's agency status being terminated by Customer. Subcontractor certifies that it has reviewed the terms and conditions of the sac California Tariff, CAL. P.U.C. NO. A9.2.6 for Neighborhood Call and specifically A9.2.6B.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." Subcontractor agrees to comply with each of the obligations contained in sac California's Tariff, CAL. P.U.C. NO. A9.2.6.B.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 sac California. This Nondisclosure Agreement shall be in effect from the Effective Date until such time that Customer terminates its request for Neighborhood Call service from sac California or Custorner 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 sac California all Neighborhood Call subscriber information in a tangible form or certifies to sac California that such information has been destroyed. Nothing contained in this Nondisclosure Agreement shall license or otherwise in any Information. This Nondisclosure Agreement shall benefit and be binding upon the parties hereto and their respective subsidiaries, affiliates, successors and assigns. This Nondisclosure Agreement shall be governed by and construed in accordance with the laws of the State of 2. 3. 4. 5. 8. 1. 8. California, irrespective of its choice of laws principles. be construed as granting or conferring any rights by [SIGNATURE PAGE FOllOWS] XXX)( (Customer) r ----- Print Name: Title Proaram Manaaer Date Signed: June 30. 2008 2