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HomeMy WebLinkAbout2008 CON SD County Office of Emergency Services - Mass NotificationMEMORANDUM OF AGREEMENT BETWEEN THE SAN DIEGO COUNTY OFFICE OF EMERGENCY SERVICES AND THE CITY OF NATIONAL CITY FOR A MASS NOTIFICATION SYSTEM (ALERT SAN DIEGO) I. PURPOSE This agreement is made by and between the San Diego County Office of Emergency Services and the City of National City. It is intended to implement a mass notification system designed to be a regional asset, available to all jurisdictions to notify employees and residents in times of emergencies within the framework, agreements, rules and protocols of the Unified Disaster Council, the Emergency Operational Plan, and the Fifth Joint Powers Agreement, as applicable. II. RECOGNITION In addition to the need of County agencies to provide emergency notices and information to citizens throughout the county, the San Diego County Office of Emergency Services ("County OES") recognizes that each incorporated city may also need to provide emergency notices and/or information to their residents during an emergency. County OES is authorized by the Unified Disaster Council to make the system available at no cost to other agencies within the Unified Disaster Council. Use of this 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 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, retirement announcements, etc.) Mass Notification MOA Page 1 of 5 September 2007 III. RESPONSIBILITIES A. County Agency Public Notifications: County agencies are authorized to use the system to send notifications of regional emergencies to any and all citizens within the operational area. Upon sending a countywide notification, the county agency will advise OES, and OES will subsequently advise the appropriate local jurisdictions that mass notifications had been sent by the county to residents of their cities. B. City Or Other Local Agency Public Notifications: Other than county -wide, regional notifications referenced above, all other public notifications will be the responsibility of the individual jurisdictions. Individual jurisdictions will provide their login and passwords, as well as training, to key individuals within their city that will be responsible for sending out public notifications in time of a crisis. In order to ensure proper coordination of emergency public information, the City of National City, when using the system to make a notification, will inform OES of the systems' use and provide a copy of the message sent. The City of National City is authorized to develop pre -established notification lists (either spreadsheets or geo-coded) and messages to meet their 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 City of National City to create and update these lists. C. Employee Notifications: The City of National City is authorized to create specific employee call- back lists within the mass notification system, and pre-recorded messages for each of those lists. It is the sole responsibility of The City of National City to maintain these lists, and to make notifications to these individual lists. IV. COSTS Pursuant to the above -referenced authority, County OES agrees to fund the initial license fees, initial customization, and ongoing annual maintenance of the system, utilizing EMPG grant funding. County OES also agrees to continue to purchase the monthly updates of telephone data. Additionally, County OES Mass Notification MOA Page 2 of 5 September 2007 agrees to purchase a base amount of "minutes", equal to the amount of calls anticipated to be used by the region on an annual basis. It is possible that during the life of the contract that there would be additional costs that exceed County OES's anticipated cost for the system, due to significant emergencies and increased usage. Should this occur, the issue of funding these costs will be brought to the Unified Disaster Council for a resolution of how these costs would be funded. If an agency requires additional training and/or customization beyond that normally required, that agency may be responsible for funding these additional costs. County OES will notify the agency in advance if planned training or customization is not covered within the scope of this agreement, so that the agency knows in advance that such costs will be borne by that agency. V. GOVERNANCE County OES will manage the mass notification system as a regional asset under the rules and protocols approved by the Unified Disaster Council. The City of National City agrees to follow these rules and protocols. Use of the system by the City of National City is contingent upon their abiding by the contract with the mass notification vendor, and the protocols established by the Unified Disaster Council. The system utilizes the 9-1-1 database to complete the notifications. The use of the 9-1-1 database is regulated by the California Public Utilities Code (CPUC) sections 2872 and 2891.1. The information contained in the 9-1-1 database is confidential and proprietary and shall not be disclosed or utilized except by authorized personnel for the purpose of emergency notifications. As COTR of the contract, the Director of OES is responsible to ensure that the provisions of the contract are implemented properly. If use of the system by the City of National City violates the contract provisions or the UDC -approved rules and protocols, the Director of OES reserves the right to disable that individual's or agency's login(s) upon reasonable notice to the City of National City and the Unified Disaster Council. If misuse of the system constitutes an immediate risk to the public health and/or safety, the Director of OES may immediately disable access to the system, followed by notice to the agency and the Unified Disaster Council. Mass Notification MOA Page 3 of 5 September 2007 VI. DEFENSE AND INDEMNITY A. Claims Arising From Sole Acts or Omissions of County: The County of San Diego (County) hereby agrees to defend and indemnify the City of National City, its agents, officers and employees (hereinafter collectively referred to in this paragraph as 'City'), from any claim, action or proceeding against City, arising solely out of the acts or omissions of County in the performance of this Agreement. At its sole discretion, City 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. City shall notify County promptly of any claim, action or proceeding and cooperate fully in the defense. B. Claims Arising From Sole Acts or Omissions of City: The City hereby agrees to defend and indemnify the County of San Diego, 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 City in the performance of this Agreement. At its sole discretion, County may participate at its own expense in the defense of the claim, action or proceeding, but such participation shall not relieve City of any obligation imposed by this Agreement. County shall notify City promptly of any claim, action or proceeding and cooperate fully in the defense. C. Claims Arising From Concurrent Acts or Omissions: County hereby agrees to defend itself, and City hereby agrees to defend itself, from any claim, action or proceeding arising out of the concurrent acts or omissions of County and City. In such cases, County and City 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 5 below. D. Joint Defense: Notwithstanding paragraph C above, in cases where County and City agree in writing to a joint defense, County and City may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of City and County. Joint defense counsel shall be selected by mutual agreement of County and City. County and City agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as Mass Notification MOA Page 4 of 5 September 2007 provided in paragraph E below. County and City further agree that neither party may bind the other to a settlement agreement without the written consent of both County and City. E. Reimbursement and/or Reallocation: Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, County and City may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. VII. TERMINATION This agreement may be terminated upon mutual consent at any time. Additionally, either party may terminate this agreement following 6 months notice to the other party. VIII. SIGNATURES Ronal! J. Lane, Director Ron Morrison, Mayor Office of Emergency Services City of National City Date: April 15, 2008 Mass Notification MOA Page 5 of 5 September 2007 RESOLUTION NO. 2008 — 63 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE SAN DIEGO COUNTY OFFICE OF EMERGENCY SERVICES AND THE CITY OF NATIONAL CITY FOR A MASS NOTIFICATION SYSTEM (ALERT SAN DIEGO) WHEREAS, the San Diego County Office of Emergency Services ("County OES") is authorized by the Unified Disaster Council (UDC) to make the mass notification system available at no cost to other agencies within the UDC; and WHEREAS, County OES recognizes that each incorporated city may also need to provide emergency notices and/or information to any and all citizens within the operational area during an emergency; and WHEREAS, Alert San Diego is an Internet system that can be activated from any location as long as there is an Internet connection that can be used for notification, and will provide any emergency information within the City of National City; and WHEREAS, the mass notification system would be made available to the City of National City pursuant to a Memorandum of Agreement between the City and the San Diego County Office of Emergency Services; and WHEREAS, the Memorandum of Agreement provides that there will be no cost to the City for its participation in the System, however, the Agreement further provides that if, in the future, there are additional costs for operating the System that exceed the County's currently anticipated costs, the issue of funding these costs will be resolved by the Unified Disaster Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Memorandum of Agreement between the San Diego County Office of Emergency Services and the City of National City for Alert San Diego, a mass notification System, at no cost to the City. Said Memorandum of Agreement is of file in the office of the City Clerk. PASSED and ADOPTED this 15th day of April, 2008. ATTEST: Mi�R. Dalla, 7 ity Clerk on Morrison, Mayor APPROVED AS TO FORM: George H.'Eiser Ill City Attorney Passed and adopted by the Council of the City of National City, California, on April 15, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California irt:Lti/l)Cityk of the City ofAdational City, Califomia By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-63 of the City of National City, California, passed and adopted by the Council of said City on April 15, 2008. City Clerk of the City of National City, California By: Deputy Caoo .•‘% City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 15, 2008 AGENDA ITEM NO. 8 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN A MEMORANDUM OF AGREEMENT BETWEEN THE SAN DIEGO COUNTY OFFICE OF EMERGENCY SERVICES AND THE CITY OF NATIONAL CITY FOR A MASS NOTIFICATION SYSTEM (ALERT SAN DIEGO). PREPARED BY Walter Amedee 620 Homeland Security Manager DEPARTMENT EXPLANATION The San Diego County Office of Emergency Services ("County OES") is authorized by the Unified Disaster Council (UDC) to make the mass notification system available at no cost to other agencies within the UDC. County OES recognizes that each incorporated city may also need to provide emergency notices and/or information to any and all citizens within the operational area during an emergency. Alert San Diego is a system that can be used for notification and providing any emergency information within the City of National City. Although the National City Police Department already has Reverse 911, the Alert San Diego system is primarily an internet based system that can be activated from any location as long as there is an Internet connection. Alert San Diego combines GIS mapping technologies with 9-1-1 calling data in an easy -to -use interface. County OES will fund the initial license fees, initial customization, and ongoing annual maintenance of the system, utilizing EMPG grant funding. County OES also agrees to continue to purchase the monthly updates of telephone data and a base amount of "minutes", equal to the amount of calls anticipated to be used by the region on an annual basis. If additional costs will exceed the County OES's anticipated cost for the system, the issue for funding these costs will be brought to the UDC for resolution of how these costs would be funded. Environmental Review N/A N/A Financial Statement Approved By: Finance Director No initial impact. If additional costs will exceed the County OES's anticipated cost for the system, the issue for funding these costs will be brought to the Unified Disaster Council for resolution of how these costs would be funded. Account No. STAFF RECOMMENDATION Authorize the Mayor to sign the Memorandum of Agreement between the San Diego County Office of Emergency Services and the City of National City for the Mass Notification System (Alert San Diego). BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. a 0 0 % ' 'a 3 1. Memorandum of Agreement between the San Diego County Office of Emergency Services and the City of National City 2. Resolution A-200 (9199) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 April 23, 2008 Mr. Tom Amabile San Diego County Office of Emergency Services 5555 Overland Avenue, Bldg. 19 San Diego, CA 92123 Dear Mr. Amabile, On April 15, 2008, Resolution No. 2008-63 was passed and adopted by the City Council of the City of National City, authorizing execution of a Memorandum of Agreement with the San Diego County Office of Emergency Services. We are forwarding a certified copy of the above Resolution and two partially executed original agreements. Please retum one fully executed original agreement to us for our files. Sincerely, /.' Michael R. Da la, CMC City Clerk Enclosures Recycled Paper