County of San Diego - Alert & Warning MOUALERT & WARNING
MEMORANDUM OF AGREEMENT BETWEEN
THE COUNTY OF SAN DIEGO
AND THE
CITY OF POWAY
I. PURPOSE
This Agreement ("Agreement") is made by and between the County of San Diego ("County") and the City
of Poway ("Jurisdiction"). It is intended to establish a regional agreement for the use of Alert & Warning
modalities capable of being initiated through the Office of Emergency Services (OES) mass notification
system. This agreement will allow the Jurisdiction to initiate Wireless Emergency Alerts (WEA) and
generate AlertSanDiego campaigns to their jurisdiction utilizing the OES Mass Notification
System("System").
County Office of Emergency Services (OES) recognizes that each San Diego County Operational Area
jurisdiction has a need to rapidly notify their residents during an emergency. County OES and the Sheriff
Communication Center are authorized to disseminate Alert & Warning messages to the Unincorporated
area.
Each jurisdiction will be responsible for initiating their own Alert & Warning messages to their jurisdiction.
This MOA replaces previous agreements regarding the AlertSanDiego mass notification system and
replaces previous WEA Memorandums of Agreement.
II. BACKGROUND
County OES is responsible for procuring and maintaining the System (i.e., software), used to connect to
the federal WEA aggregator and AlertSanDiego, the regional notification system used to send telephone,
text and email notifications to residents and businesses within San Diego County. The System is funded
by regional Homeland Security Grant Program funds or by Unified Disaster Council dues, as determined
by the Unified Disaster Council. Grant and Unified Disaster Council budgets are voted upon annually by
the Unified Disaster Council. System usage is unlimited. Jurisdictions are not billed for utilizing the System.
A. Wireless Emergency Alerts (WEA)
The Wireless Emergency Alert (WEA) system, is a federally maintained alert and warning system, available
to all jurisdictions to notify residents in times of severe or extreme hazards within the framework,
agreements, rules and protocols agreed upon by the Federal Emergency Management Agency (FEMA),
the Federal Communications Commission (FCC), and the Unified Disaster Council and in agreement with
the Operational Area Emergency Operations Plan and the fifth amended Joint Powers Agreement, as
applicable.
On behalf of the San Diego County Operational Area, the County OES maintains a Memorandum of
Agreement (MOA) with the FEMA designating County OES as a Collaborative Operating Group (COG) with
the Integrated Public Alert & Warning System (IPAWS).
With access to (PAWS through the OES Mass Notification System, the Jurisdiction can initiate Wireless
Emergency Alert (WEA) messages. WEA messages are emergency notifications sent by authorized
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government alerting authorities, as determined by the Jurisdiction, through mobile carriers and
broadcast to mobile phones receiving a signal from cell towers within or in close proximity to the alert
area. Please see examples of 90- and 360 -character WEA messages in Appendix A.
Because WEA messages leverage mobile carrier cell phone towers and the broadcast range of a particular
tower can be affected by many variables such as the height of antenna over surrounding terrain, the
frequency of signal in use, the transmitter's power, the directional characteristics of the site antenna
array, local geography and weather conditions, emergency notifications may occur outside of the
intended notification area. WEA version 3.0 from FEMA/FCC incorporates .10 -mile geo-targeting
capability which allows jurisdictions to notify residents with greater accuracy.
Since WEA messages may have regional implications and may be received by residents in surrounding
jurisdictions, the initiation of WEA messages requires regional coordination which is the responsibility of
the Jurisdiction (See Section IV. Communication).
B. AlertSanDiego
The County of San Diego has instituted a regional notification system that is able to send telephone
notifications, texts and emails to residents and businesses within San Diego County impacted by, or in
danger of being impacted by, a disaster. This system (software), called AlertSanDiego, is used by
emergency response personnel to notify residents at risk with information about the event and/or
actions (such as evacuation, shelter in place, gas leak, missing person at risk, etc.) The system utilizes
the region's 9-1-1 database, provided by the local telephone companies, which includes both listed and
unlisted landline phone numbers. It is TTY/TDD capable.
Residents are also able to self -register their Voice Over Internet Protocol (VoIP), cellular telephone
numbers, and/or email addresses to receive notifications via phone, text, email, and/or American Sign
Language with English voice and text.
III. POLICY
A. WEA
If a jurisdiction's public safety official (Incident Command, or other authorized alerting authority as
determined by the Jurisdiction) determines that the severity of an incident necessitates public alert
through WEA, the Public Safety Official will request that a WEA is devised and sent out through their
respective dispatch agency.
Use of the WEA system is solely authorized for severe or extreme hazards.
Severe or extreme hazards are incidents where an emergency threatens, or is imminently expected to
threaten, life, health, or property. WEA messages must contain protective action instructions that
recipients will follow to reduce vulnerability to an imminent threat.
Protective action instructions include:
1. Shelter — Shelter in place
2. Evacuate — Relocate as instructed
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3. Prepare — Make preparations
4. Execute — Execute a pre -planned activity
5. Avoid — Avoid the hazard
6. Monitor—Attend to information sources
7. All clear — The event no longer poses a threat or concern
The system is generally not authorized for:
1. Missing person notifications, except AMBER alerts which are sent out by the Center for Missing
and Exploited Children in cooperation with California Highway Patrol
2. Non -emergency weather alerts
3. Traffic problems
4. Parking restrictions
5. Street closures
6. Structure fires impacting limited populations
7. Crime information
8. Notifications to update residents on important programs or special events
9. Routine, informational or educational messages
10. Other events with limited impact
The system is not authorized for:
1. Any message of commercial nature
2. Any message of a political nature
3. Any non -official business (e.g. articles, retirement announcements, etc.)
B. AlertSanDiego
If a jurisdiction's Public Safety Official, as determined by the Jurisdiction, determines that the severity of
an incident necessitates public alert through AlertSanDiego, the public safety official will be responsible
for processing and disseminating the AlertSanDiego message.
The Jurisdiction is authorized to develop pre -established notification lists (either spreadsheets or geo-
coded lists) and messages to meet their needs. These lists may include special populations (e.g. in-home
care, schools, etc.), those susceptible to certain risks (e.g. homes within dam inundation zone), or
employee call back lists. It is the responsibility of the Jurisdiction to create and maintain these lists.
Use of AlertSanDiego system is authorized for the following purposes:
1. Imminent or perceived threat to life or property
2. Disaster notifications
3. Evacuation notices
4. Public health emergencies
5. Any notification to provide emergency information to a defined community
Use of AlertSanDiego email and text alerts for registered mobile devices are authorized for the following
purposes:
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1. Missing Persons at risk
The system is not authorized for:
1. Routine, informational or educational messages
2. Any message of commercial nature
3. Any message of a political nature
4. Any non -official business (e.g. articles, event notifications, retirement announcements, etc.)
IV. COMMUNICATION
A. Cross Jurisdictional
Alerting Authorities, as determined by the Jurisdiction, responsible for disseminating Alert & Warning
messages must take into consideration the importance of message coordination, resource sharing, and
the need to minimize public alerting fatigue which may occur with system abuse or overuse.
Should the need for Alert & Warning be determined by public safety officials, notification will be made to
all potentially affected neighboring jurisdictions immediately. This may include Unified Disaster Council
member(s), Dispatch Agency(ies), Emergency Manager(s), and/or Special District(s), i.e. Universities.
B. Public
It is a best practice for the Jurisdiction to refer the public to their Jurisdiction's official website or
Jurisdiction operated social media sites for further information regarding the emergency that warranted
the Alert & Warning. If the website AlertSD.org, SDCountyEmergency.com or any other registered
domain name that leads to SDCountyEmergency.com is used as part of an alert or warning message, the
Jurisdiction must provide County OES with information to update the site before the alert is sent. The
Jurisdiction is also responsible for providing regular updates to County OES so that the website can be
updated with the latest information about the disaster.
Incomplete or imperfect information is not a valid reason to delay or avoid issuing a warning. Time is of
the essence, as recipients of warnings will need time to consider, plan, and act after they receive a
warning message. This is particularly true among individuals with disabilities and people with access and
functional needs. They may require additional time to evacuate or may be at increased risk of harm
without notification.
For all Alert & Warning messages sent, the jurisdiction initiating the message shall be responsible for
managing public and media questions, comments or concerns arising from the message.
During a regional emergency, it is a best practice for all jurisdictions to coordinate Alert & Warning and
Public Information through the Operational Area Emergency Operations Center.
C. Multi -Modal
A highly effective Alert & Warning program will use as many delivery methods as appropriate and
necessary. Alert & Warning is comprised of multiple modalities which may include: EAS (Emergency
Alert System), WEA (Wireless Emergency Alert), AlertSanDiego, San Diego County Emergency Website
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(AlertSD.org), and Social Media. Jurisdictions should use all modality levels as appropriate to reach the
widest audience.
By utilizing multiple modalities, there is a greater likelihood that people with disabilities or other access
and functional needs will receive the Alert & Warning message.
V. RESPONSIBILITIES
A. Jurisdictions
All jurisdictions in the San Diego County Operational Area are responsible for the Alerting & Warning of
their residents of severe or extreme hazards that currently threaten or pose an imminent threat to life
or property.
Jurisdiction will ensure that trained and authorized personnel are available to issue Alert & Warning 24
hours a day, 7 days a week through dispatch and/or other means. Jurisdiction Program Administrator
will be responsible for vetting and verifying which employees have completed required trainings in order
to obtain access to the AlertSanDiego and WEA system (see Appendix A). Jurisdiction Program
Administrators must be approved by the Jurisdiction Unified Disaster Council representative.
Jurisdictions will notify the County's Office of Emergency Services without delay, any and all employees
no longer employed or otherwise unauthorized to issue Alert & Warning messages on behalf of the
Jurisdiction.
B. State of California Alert & Warning Guidelines
All users agree to abide by the State of California Alert & Warning Guidelines. The guidelines may be
found online at www.CalAlerts.org
C. Training
FEMA requires specific training for alert originators. For a step-by-step guide, please see Appendix A -
Personnel Training Requirements.
D. Security
Per Federal Requirements, to ensure the joint security of the systems and the message data they store,
process, and transmit, both parties agree to adhere to and enforce the Rules of Behavior (as specified in
Appendix B). In addition, both parties agree to the following:
1. Ensure authorized users accessing the interoperable system(s) receive, agree to abide
by and sign (electronically or in paper form) the (PAWS -OPEN Rules of Behavior as specified in
Appendix B. The Jurisdiction is responsible for keeping the signed Rules of Behavior on file or
stored electronically for each system user.
2. Document and maintain jurisdictional specific security policies and procedures and
produce such documentation in response to official inquiries and/or requests.
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3. Provide physical security and system environmental safeguards for devices supporting
system interoperability with IPAWS-OPEN.
4. Where applicable, ensure that only individuals who have successfully completed FEMA -
required training can utilize the alert and warning systems addressed in this agreement.
5. Where applicable, document and maintain records of successful completion of FEMA -
required training and produce such documentation in response to official inquiries and/or
requests.
E. County OES and Sheriff
The Sheriff's Communications Center and County OES are available to initiate requested WEA and
AlertSanDiego messages from a Public Safety Official for emergencies affecting the unincorporated area.
If a WEA message is initiated, the County OES Staff Duty Officer (SDO) and Sheriff Watch Commander will
coordinate the Communication requirements as outlined above in section III. Communication.
Should the need for Alert & Warning be determined by public safety officials, notification will be made to
all potentially affected neighboring jurisdictions immediately. This may include Unified Disaster Council
member(s), Dispatch Agency(ies), Emergency Manager(s), and/or Special District(s), i.e. Universities.
The Sheriff's Communications Center and County OES may be available to initiate requested WEA and
AlertSanDiego messages from a Public Safety Official for emergencies in incorporated areas if the
Jurisdiction is unable to do so.
The Sheriff's Communication Center will continue to be responsible for initiating Alert & Warning on
behalf of a Sheriff contracted jurisdiction for law enforcement related messages.
County OES will conduct an annual audit of trained and authorized users to ensure users are still
employed or otherwise still authorized to issue Alert & Warning on behalf of the Jurisdiction.
F. Unified Disaster Council (UDC) Alert & Warning Subcommittee
The UDC Alert & Warning Subcommittee is a County -wide working group composed of participating City
and County Agency Representatives. Coordinated by County OES, the UDC Alert & Warning
Subcommittee shall meet semi-annually, following a major event, or as determined by the Unified Disaster
Council and/or the Subcommittee, to conduct after action reviews of system usage, coordinate ongoing
administration, modify policies and guidelines, or to address other issues related to Alert & Warning
messages. All recommendations for substantive changes to this MOA shall be submitted to the Unified
Disaster Council for approval.
VI. GOVERNANCE
County OES will advise on Alert and Warning, in conjunction with the UDC Alert & Warning Subcommittee.
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A. DEFENSE AND INDEMNITY
1. Claims Arising From Sole Acts or Omissions of County
The County hereby agrees to defend and indemnify the City of Poway its agents, officers and
employees (hereinafter collectively referred to in this paragraph as 'Jurisdiction'), from any claim,
action or proceeding against the Jurisdiction, arising solely out of the acts or omissions of County
in the performance of this Agreement. At its sole discretion, the Jurisdiction may participate at
its own expense in the defense of any claim, action or proceeding, but such participation shall not
relieve County of any obligation imposed by this Agreement. The Jurisdiction shall notify County
promptly of any claim, action or proceeding and cooperate fully in the defense.
2. Claims Arising From Sole Acts or Omissions of the Jurisdiction
The Jurisdiction hereby agrees to defend and indemnify the County, its agents, officers and
employees (hereafter collectively referred to in this paragraph as "County") from any claim, action
or proceeding against County, arising solely out of the acts or omissions of the Jurisdiction in the
performance of this Agreement. At its sole discretion, County may participate at its own expense
in the defense of any such claim, action or proceeding, but such participation shall not relieve the
Jurisdiction of any obligation imposed by this Agreement. County shall notify the Jurisdiction
promptly of any claim, action or proceeding and cooperate fully in the defense.
3. Claims Arising From Concurrent Acts or Omissions
County hereby agrees to defend itself, and the Jurisdiction hereby agrees to defend itself, from
any claim, action or proceeding arising out of the concurrent acts or omissions of County and the
Jurisdiction. In such cases, County and the Jurisdiction agree to retain their own legal counsel,
bear their own defense costs, and waive their right to seek reimbursement of such costs, except
as provided in paragraph E below.
4. Joint Defense
Notwithstanding paragraph C above, in cases where County and the Jurisdiction agree in writing
to a joint defense, County and the Jurisdiction may appoint joint defense counsel to defend the
claim, action or proceeding arising out of the concurrent acts or omissions of the Jurisdiction and
County. Joint defense counsel shall be selected by mutual agreement of County and the
Jurisdiction. County and the Jurisdiction agree to share the costs of such joint defense and any
agreed settlement in equal amounts, except as provided in paragraph 5 below. County and the
Jurisdiction further agree that neither party may bind the other to a settlement agreement
without the written consent of both County and the Jurisdiction.
5. Reimbursement and/or Reallocation
Where a trial verdict or arbitration award allocates or determines the comparative fault of the
parties, County and the Jurisdiction may seek reimbursement and/or reallocation of defense
costs, settlement payments, judgments and awards, consistent with such comparative fault.
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6. Application of California Law
Nothing in the Agreement is intended to nor shall it limit or alter the application of California law
as it relates to actions against, or liability of, government entities under the California law,
including, but not limited to, the California Government Claims Act (Government Code Section
810 et. seq.).
7. Notice and Modification
This Agreement may be modified at any time with the prior written consent of both Parties. All
modifications shall be in writing and signed by both parties. Any communication or notices to be
provided pursuant to this Agreement must be sent to the attention of the signatories below, or
their designees.
8. No Third Party Beneficiaries
Except as may be expressly provided herein, no provision of this Agreement is intended, nor shall
it be interpreted, to provide or create any third party right or any other rights of any kind in any
person or entity.
9. Choice of Law
This Agreement is governed by the laws of the State of California. Venue for all actions arising out
of this Agreement must be exclusively in the state or federal courts located in San Diego County,
California.
10. Counterparts
This Agreement may be executed in multiple copies or in one or more counterparts, each of which
shall be deemed an original with the same effect as if all the signatures were on the same
instrument.
11. Severability
The invalidity in whole or in part of any provision of this Agreement will not void or affect the
validity of any other provisions of this Agreement.
12. Anti -assignment Clause
No Party may assign or delegate any duty or right under this Agreement. Any such purported
assignment or delegation will void this entire Agreement, unless the Parties have previously
approved such action in writing.
13. Authority to Enter into Agreement
Each of the signatories below represent that they have authority from their respective governing
bodies to execute this Agreement and bind the parties to the terms of this Agreement.
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VII. TERM AND TERMINATION
This Agreement shall become effective when it is signed by both parties. This Agreement may be
terminated upon mutual consent at any time. Additionally, either party may terminate this Agreement
following six (6) months' written notice to the other party.
VIII. SIGNATORY
Jeff Toney, Director, County of San Diego OES Chris Hazeltine, City Manager
1
Date: Z ZCI ;'6
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Date: 01.3 (• ?�2p