HomeMy WebLinkAboutC-4097 - MOU for the Countywide Mass Notification System "AlertOC"• • 3MDD
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 13
September 9, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Fire Department 8-09
7
Steve Lewis, Fire Chief, 644 -3101, slewis(5)nbfd.net JR---
SUBJECT: Approve the Countywide Public Mass Notification System "AlertOC"
Memorandum of Understanding (MOU)
RECOMMENDATION:
Approve the Countywide Public Mass Notification System MOU, provided by the County
of Orange, at no cost to the City.
DISCUSSION:
On October 17, 2006, the County Board of Supervisors, per directive #37, directed
County staff to explore options for establishing a countywide Emergency Mass
Notification System capable of quickly delivering alert, warning and instructional
emergency messages to County residents and businesses during times of crisis. The
County Executive Office (CEO) was tasked with finding a system that would be suitable
for the entire County.
The County CEO proceeded with a Request for Proposal (RFP) to acquire a solution
with sufficient call capacity, redundancy, accessibility, availability and support required
to seamlessly and quickly deliver disaster communication to all households and
businesses within the County's region. On May 6, 2008, the County Board of
Supervisors approved a price agreement with The NTI Group, Inc. for a mass
notification system service that covers the County's entire geographic population.
The primary intent of the Countywide Public Mass Notification System, known as
"AlertOC ", is to disseminate early warning and time sensitive information to county
businesses and residents during time of an emergency event. AlertOC is only one
component of the County of Orange Public Warning System. As deemed fit by local
authorities, AlertOC should be used in conjunction with the other public warning
mechanisms including, but not limited to, the Emergency Alert System, sirens and route
alerting.
• Approve Countywide Public Mass Notification System
September 9, 2008
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AlertOC is available 24/7 and has been pre - loaded with Orange County landline phone
numbers (including unlisted) and countywide geographic maps. Upon local authority
decision to activate, AlertOC 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.
General System Features include:
• Licensed for use throughout the County's entire region
• Capacity to send a 45 second message to 10,000 residents and businesses
within 10 minutes
• Capacity to send messages via phone, e-mail and text
• Accessible via the public Internet
• Provides audit trail logging and reporting
• GIS map interface for geographic call list generation
• Citizen self- registration web portal (available in English, Spanish and
Vietnamese)
• Interactive phone survey technology and reporting
• IVR based notification setup and execution
• Capable of identifying constituents preferred language and sending
messages in English, Spanish and Vietnamese
• Capable of identifying special needs populations such as those who may
need special care during an emergency
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, California
State University, Fullerton and University of California, Irvine. By approving the MOU
with the County Executive Officer, the City will be able to begin using the Countywide
Mass Notification System, AlertOC, to send local emergency notifications to residents
within city boundaries. Additionally, the City will begin collecting voluntary citizen
contact information through the systems web portal that will be accessible to designated
County staff for use during regional and/or multi - jurisdictional emergency events.
The City may participate in the countywide system at no charge when used for
emergency purposes. 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
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Approve Countywide Public Mass Notification System
September 9, 2008
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If the City wishes to use AlertOC for non - emergency purposes, then the City would have
to enter into a separate agreement with the Countywide Mass Notification System
Vendor at the County's negotiated rate.
Project Funding:
The County has budgeted $1,000,000 annually for the mass notification system project
beginning FY2008 and ending FY2012. There is no cost share or City expense
associated with this project.
Prepared by:
o6&'FL-'n -
'Katie Eing
Emergency Services Coordinator
Submitted by:
CA_4_�'
Steve ewis
Fire Chief
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MOU
BETWEEN
THE COUNTY OF ORANGE
AND
PARTICIPANTS
FOR USE OF COUNTYWIDE MASS NOTIFICATION SYSTEM
This Memorandum of Understanding, hereinafter referred to as "MOU,"
dated %/S/,o ' , which date is stated for purposes of reference only, is entered into by and
betweenItIA County of Orange, a political subdivision of the State of California, hereinafter
referred to as "COUNTY," and the undersigned municipalities and higher education districts
responsible for protecting a resident population and maintaining a dedicated public safety
answering point (PSAP)within the County of Orange, hereinafter refereed 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 of protecting a resident population and
maintaining a dedicated public safety answering point (PSAP); and
WHEREAS, COUNTY entered into Orange County Price Agreement no. N1000009880
( "Agreement "), attached hereto as Exhibit A, for the provision of Public Mass Notification
System Services with The NTI Group, Inc. ( "NTI ") on or about May b, 2008 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, NTI agrees to provide to PARTICIPANTS the services agreed to by NTI
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 conditions of the
Agreement, to use the System in compliance with all usage agreements identified and
incorporated herein as Exhibit A (Orange County Price Agreement no. NJ 000009880), Exhibit B
(Nondisclosure Document), and Exhibit C (Countywide Public Mass Notification System Policy
and Guideline), and the terms of this MOU to receive the benefits under the Agreement.
NOW, THEREFORE, the parties agree as follows:
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I. Definitions:
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"Agreement" shall refer to Orange County Price Agreement no. N1000009880 between
COUNTY and NTI. 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
"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.
"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 NTI 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.
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,
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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 S D8' and shall expire on June
30, 2012, unless COUNTY funding of the Sy*teni 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 NTI the same services provided
by NTI 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. PARTICIPANTS and NTI acknowledge and agree that any
actions taken by NTI or any PARTICIPANT under the scope of the Agreement and this
MOU are the responsibility of NTI and the respective PARTICIPANT.
V. Use: Use of the System and its data, including but not limited to contact information, is
governed by the terms, oonditions and restrictions set forth in the terms provided in
Exhibit A, B and C. All PARTICIPANTS agree to the terms and conditions contained in
Exhibits A, B, and C. 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 of the revision date and
shall be incorporated into this MOU. Such modifications to the Exhibits shall not be
deemed an amendment for the purposes of Paragraph X. Amendments, below.
PARTICIPANT, including each of its agents, officers, employees, and representatives
who are given access to the System, agrees to abide by the individual terms of each
agreement and the additional conditions incorporated herein. Breach of use may result in
individual user or Participant access account termination.
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.
PARTICIPANTS may arrange for the use of the System with NTT to distribute non -
emergency information. However, any agreement reached between NTT and any
PARTICIPANT for the use of the System for non - emergency notification situations shall
exist only between NTI and the PARTICIPANT. In accordance with Paragraph II. Hold
Harmless, above, COUNTY shall be held harmless and indemnified by the
PARTICIPANTS and NTI from any actions whatsoever arising from any
PARTICIPANT's use of the System for non - emergency services.
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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 C.
VI. Compensation: All compensation owed by PARTICIPANTS to NTI shall be made
between PARTICIPANTS and NTI.
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 Executive Office
Mass Notification System Program Manager
10 Civic Center Plaza
Santa Ana, Ca 92701
Teara.leblanc@ocgov.com
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. Confidentiality: Each party agrees to maintain the confidentiality of all related records
and information of the other party pursuant to all statutory laws relating to privacy and
confidentiality that currently exist or exist at any time during the tern of this MOU. All
information and use of the System shall be in compliance with California Public Utilities
Code section 2872.
IX. 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-
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.
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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.
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 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- Date: !
Thomas Mauk, County Executive Officer
County of Orange
PARTICIPANT: �Ty
By Date:
Authorized Signature
Print Name and Title
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