HomeMy WebLinkAbout2023-11-14; City Council; ; Memorandum of Agreement with the County of San Diego for the Emergency Alert & Warning SystemCA Review _AF_
Meeting Date: Nov. 14, 2023
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Kim Young, Assistant Director of Emergency Services
kim.young@carlsbadca.gov, 760-457-1142
Subject: Memorandum of Agreement with the County of San Diego for the
Emergency Alert & Warning System
Districts: All
Recommended Action
Adopt a resolution authorizing the City Manager to approve the updated Alert & Warning
Memorandum of Agreement between the County of San Diego and the City of Carlsbad.
Executive Summary
The City of Carlsbad participates in and implements a regional mass notification system in
conjunction with the County of San Diego and its 17 other cities to issue critical life-saving
information to members of the community during an emergency.
The City Council is being asked to approve an updated memorandum of agreement that will
continue this established regional agreement between the city and the county, giving the city
access to the county’s Office of Emergency Services’ Mass Notification System.
This system is essential to the city and the region in an emergency because it provides city staff
with the capability to send emergency alerts and warnings to members of the community via
text messages, phone calls, and emails.
Explanation & Analysis
The County Office of Emergency Services is responsible for maintaining these regional alert and
warning capabilities through the Mass Notification System. The county is also responsible for
procuring and maintaining the technology and software used for the system.
The memorandum of agreement is routinely updated as new and enhanced alert and warning
technologies and capabilities are implemented in the region and throughout the nation. The
City of Carlsbad approved the current memorandum of agreement with the County of San
Diego in 2020. The resolution includes a delegation of authority to the City Manager to execute
future amendments and agreements for the City of Carlsbad’s continued participation in the
San Diego County Office of Emergency Services Mass Notification System.
Nov. 14, 2023 Item #3 Page 1 of 30
The major elements of the updated memorandum of agreement include:
• The stated purpose of the agreement
• A description of local, state, and federal alert and warning responsibilities
• A review of existing regional and national-level alert and warning capabilities
Approving the agreement ensures the City of Carlsbad’s continued participation in a critical
mass notification system designed to alert residents and members of the community during an
emergency.
Carlsbad’s emergency management staff have referred to the alert and warning memorandum
of agreement and other relevant plans, policies, and procedures on a regular basis to help
inform ongoing emergency public alert and warning planning priorities and activities. As a
result, the city has the capabilities to implement the memorandum’s requirements.
Fiscal Analysis
There is no fiscal impact associated with this request.
Environmental Evaluation
This action does not require environmental review because it does not constitute a project
within the meaning of the California Environmental Quality Act under California Public
Resources Code Section 21065 in that it has no potential to cause either a direct physical
change in the environment or a reasonably foreseeable indirect physical change in the
environment.
Exhibits
1. City Council resolution
Nov. 14, 2023 Item #3 Page 2 of 30
RESOLUTION NO. 2023-275
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO APPROVE THE
UPDATED ALERT & WARNING MEMORANDUM OF AGREEMENT BETWEEN
THE COUNTY OF SAN DIEGO AND THE CITY OF CARLSBAD
WHEREAS, the City Council of the City of Carlsbad, California participates in and implements a
regional Mass Notification System to issue critical life-saving information to members of the
community during an emergency; and
WHEREAS, the San Diego County Office of Emergency Services is responsible for maintaining
these regional alert and warning capabilities through the San Diego County Office of Emergency
Services Mass Notification System; and
WHEREAS, the San Deigo County Office of Emergency Services is responsible for procuring and
maintaining the technology and software used for the regional Mass Notification System; and
WHEREAS, the Alert & Warning Memorandum of Agreement is routinely updated as new and
enhanced alert and warning technologies and capabilities are implemented in the region and
throughout the nation.
WHEREAS, the City of Carlsbad approved the current memorandum of agreement with the
County of San Diego in 2020; and
WHEREAS, the City Council of the City of Carlsbad, California desires to authorize the City
Manager to take all necessary actions to execute the updated Alert & Warning Memorandum of
Agreement and all future updates.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the City Manager of the City of Carlsbad, or designee, is authorized to execute the
updated Alert & Warning Memorandum of Agreement with the City of San Diego for the
use of emergency public alert and warning capabilities and modalities initiated through
the San Diego County Office of Emergency Services Mass Notification System.
(Attachment A).
Exhibit 1
Nov. 14, 2023 Item #3 Page 3 of 30
3.That the City Manager, or designee, is authorized to execute future, updated
memorandum of agreements and other necessary program documents to ensure the
City of Carlsbad's continued participation in the Mass Notification System.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 14th day of November, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Nov. 14, 2023 Item #3 Page 4 of 30
/4!frv
Attachment A
Alert & Warning MOA – August 2023 Page 1 of 12
ALERT & WARNING
MEMORANDUM OF AGREEMENT BETWEEN
THE COUNTY OF SAN DIEGO
AND THE
CITY OF CARLSBAD
I.PURPOSE
This Agreement (“Agreement”) is made by and between the County of San Diego (“County”) and
the City of Carlsbad (“Jurisdiction”). This form establishes a regional agreement on the use of Alert
& Warning modalities capable of being initiated through the Office of Emergency Services (County
OES) Mass Notification System (“System”). This agreement will allow the Jurisdiction to initiate
Wireless Emergency Alerts (WEA) and generate AlertSanDiego campaigns to their jurisdiction via
the County OES Mass Notification System.
County OES recognizes that each San Diego County Operational Area Jurisdiction has a need to
rapidly notify their residents before and/or during an emergency. County OES and the Sheriff
Communication Center are authorized to disseminate Alert & Warning messages to the
unincorporated county areas.
Each Jurisdiction is responsible for initiating their own Alert & Warning messages to their
jurisdiction. This Memorandum of Agreement (MOA) replaces previous agreements regarding the
AlertSanDiego mass notification system and replaces previous WEA MOAs.
II.BACKGROUND
County OES is responsible for procuring and maintaining the System (e.g.., software), used to
connect to the federal WEA aggregator and AlertSanDiego, the regional notification system used
to send voice, text, and email notifications to the public and businesses within San Diego County.
The System shall be funded by regional Homeland Security Grant Program funds when possible
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.
Jurisdictional usage of the System 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 the public in times of imminent, 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, County OES maintains an MOA with FEMA
designating County OES as a Collaborative Operating Group (COG) with the Integrated Public Alert
& Warning System (IPAWS).
DocuSign Envelope ID: 95F18E68-EB20-4F54-8790-D4B6D926C398
Nov. 14, 2023 Item #3 Page 5 of 30
Alert & Warning MOA – August 2023 Page 2 of 12
With access to IPAWS through the County OES Mass Notification System, the Jurisdiction can
initiate WEAs. WEAs are emergency notifications sent by authorized government alerting
authorities, as determined by the Jurisdiction, through mobile carriers and broadcast to mobile
phones receiving a signal from cell towers within or near 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 will
more than likely occur outside of the intended notification area. WEA version 3.0 from FEMA/FCC
incorporates 0.1-mile geo-targeting capability which allows jurisdictions to notify the public with
greater accuracy.
Since WEAs may have regional implications and may be received by the public in surrounding
jurisdictions, the initiation of WEAs requires regional coordination which is the responsibility of
the initiating Jurisdiction (See Section IV. Communication).
B.AlertSanDiego
The County of San Diego maintains a regional notification system that is able to send voice, text,
and email notifications to people within San Diego County who may be impacted by, or are in
danger of being impacted by, a disaster. This system, branded as AlertSanDiego, is used by
emergency response personnel to notify members of the public at risk with information about
the event and/or protective actions (such as evacuation, shelter in place, etc.) It is
Teletype/“Telecommunications Device for the Deaf” TTY/TDD capable.
The System has several feeds of contact information. The system ingests the region's 9-1-1
database monthly. It is provided by the local telephone companies and includes both listed and
unlisted landline phone numbers for voice notifications.
Members of the public are also able to self-register their Voice Over Internet Protocol (VoIP),
cellular telephone numbers, and/or email addresses to receive notifications via voice, text,
email, and/or American Sign Language with English voice and text.
The System also ingests Confidential Customer Information (CCI) from San Diego Gas & Electric
public utility data monthly. It is provided pursuant to Government Code section 8593.4.
Pursuant to the Non-Disclosure Agreement (Appendix C) the Jurisdiction is a Representative of
the County of San Diego and it is hereby agreed to that the Jurisdiction is familiar with, and shall
abide by, the terms of Appendix C as though it were a party thereto.
County OES will notify the individuals on the modalities listed in the CCI when they are first
enrolled in the System. This notification will include a process to opt out of the System which
would terminate County OES access to the individual’s CCI for purposes of the System.
DocuSign Envelope ID: 95F18E68-EB20-4F54-8790-D4B6D926C398
Nov. 14, 2023 Item #3 Page 6 of 30
Alert & Warning MOA – August 2023 Page 3 of 12
C.Zonehaven
Zonehaven is an evacuation management software that is replacing the current public safety
grids to select and define alerting areas during an incident. The zones have been created using
several factors and have been reviewed and approved by each jurisdiction. The zones, as
created, may cross jurisdictional lines.
III.POLICY
A.EAS
Emergency Alert System (EAS) is a national public warning system commonly used by state and
local authorities to deliver important emergency information, such as weather and AMBER alerts,
to affected communities. EAS Participants – radio and television broadcasters, cable systems,
satellite radio and television providers, and wireline video providers – deliver local alerts on a
voluntary basis. The State of California has been divided into "EAS Operational Areas" for the
purpose of disseminating emergency information. The San Diego EAS Operational Area
encompasses the entire County.
Only County OES and the Sheriff’s Communications Center are authorized to activate the EAS.
Approved jurisdictional Alerting Authorities in the OA can contact the OES Duty Officer and
request activation of the system. Determination will be made by OES in the event of the need to
notify large areas of the county to take protective actions or to provide emergency information.
B.NWEM
Non-Weather Emergency Messages (NWEM)s are sent through FEMA’s Integrated Public Alert
and Warning System (IPAWS) to the National Weather Service (NWS) for broadcast over NOAA
Weather Radio (NWR) All Hazards and other NWS dissemination systems. This capability was
reintroduced in 2021 as a redesign of the previous enhanced NWEM dissemination functionality
developed in 2006 as the All-Hazards Emergency Message Collection System (HazCollect).
Only County OES and the Sheriff’s Communications Center are authorized to send NWEM alerts.
Approved jurisdictional Alerting Authorities in the OA can contact the OES Duty Officer or the
Sheriff’s Communications Office and request activation of the system. Determination will be
made by OES in the event of the need to notify large areas of the county to take protective
actions or to provide emergency information.
C.WEA
If a Jurisdiction’s Public Safety Official (i.e., 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 the Jurisdiction’s authorized sender.
Use of the WEA system is solely authorized for imminent, severe, or extreme hazards.
Imminent, Severe, or extreme hazards are incidents where an emergency threatens, or is
DocuSign Envelope ID: 95F18E68-EB20-4F54-8790-D4B6D926C398
Nov. 14, 2023 Item #3 Page 7 of 30
Alert & Warning MOA – August 2023 Page 4 of 12
imminently expected to threaten, life, health, and/or property. WEAs must contain protective
action instructions that recipients will follow to reduce vulnerability to an imminent and/or
expected threat.
Protective action instructions include:
1.Shelter – Shelter in place
2.Evacuate – Relocate as instructed
3.Prepare – Make preparations
4.Execute – Execute a pre-planned activity
5.Avoid – Avoid the hazard
6.Monitor – Follow official information sources
7.All clear – The event no longer poses a threat or concern and the Shelter in place has
ended.
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 the public on important programs or special events
9.Routine, informational and/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.)
D.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
is 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.
Full Use (voice, text, email) of the AlertSanDiego system to contact registered, E-911, and utility
DocuSign Envelope ID: 95F18E68-EB20-4F54-8790-D4B6D926C398
Nov. 14, 2023 Item #3 Page 8 of 30
Alert & Warning MOA – August 2023 Page 5 of 12
data is authorized for the following purposes:
1.Imminent, perceived, and/or expected threat to life and/or property
2.Disaster notifications
3.Evacuation notices
4.Public health emergencies
5.Any notification to provide emergency information to a defined community
Limited use (text and email only, no voice) of AlertSanDiego to contact registered mobile
devices (not E-911 or utility data) are authorized for the following purposes:
1.Missing Persons at risk
A Missing Person at risk is defined in Penal Code 14215.B below:
“At-risk” means there is evidence of, or there are indications of, any of the following:
(1) The person missing is the victim of a crime or foul play.
(2) The person missing is in need of medical attention.
(3) The person missing has no pattern of running away or disappearing.
(4) The person missing may be the victim of parental abduction.
(5) The person missing is mentally impaired, including cognitively impaired or
developmentally disabled.
The System is not authorized for:
1.Routine, informational, and/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.)
Testing and training of the AlertSanDiego system is strictly limited to contact information
uploaded by the Jurisdiction. No E-911, utility, or registered users may be notified without their prior
written consent.
E.Zonehaven
The Jurisdiction Program Administrator(s) will be responsible for vetting and verifying which
employees have completed required trainings in order to obtain access to the Zonehaven
system. Jurisdiction Program Administrator(s) must be approved by the Jurisdiction Unified
Disaster Council representative.
The Jurisdiction Program Administrator(s) will ensure that the fire, law, EMS, and dispatch
agencies serving their jurisdiction are provided a copy of this agreement. The Jurisdiction is
responsible for putting in place any internal agreements necessary to perform the
responsibilities within this agreement.
DocuSign Envelope ID: 95F18E68-EB20-4F54-8790-D4B6D926C398
Nov. 14, 2023 Item #3 Page 9 of 30
Alert & Warning MOA – August 2023 Page 6 of 12
Jurisdictions shall, without delay, remove any and all persons no longer employed or otherwise
unauthorized to issue Alert & Warning messages on behalf of the Jurisdiction from the System.
Jurisdictions shall verify that all users with access to the system:
1.Are current agents of the jurisdiction with authority to access the system
2.Have read, understand, and agree to the terms of the MOA
3.Have satisfied, at minimum, the training requirements set forth in this MOA
4.Have signed the Rules of Behavior
5.Have read and agreed to the Non-Disclosure Agreement
6.Notify County OES that the above listed items have been verified
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 by the initiating Jurisdiction to all potentially affected neighboring jurisdictions
immediately. This may include, but not limited to, Unified Disaster Council member(s), Dispatch
Agency(ies), Emergency Manager(s), and/or Special District(s), (e.g., Universities, Fire Protection
Districts, Water Districts, etc.). This may be accomplished through a manual or an automated
system.
B.Public
It is a best practice for the Jurisdiction to refer the public to their Jurisdiction’s official website
and/or Jurisdiction operated social media sites for further information regarding the emergency
that warranted the Alert & Warning. If the website AlertSD.org, or any other registered domain
name that leads to AlertSanDiego.org is used as part of a public Alert & Warning message, the
Jurisdiction must notify County OES of their intent to reference the website immediately. The
Jurisdiction is also responsible for providing regular updates to County OES so that the County
OES website can be updated with the latest disaster information.
Incomplete or imperfect information is not a valid reason to delay or avoid issuing an Alert &
Warning. Time is of the essence, as recipients of warnings will need time to consider, plan, and
act after they receive an Alert & Warning. 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 initiating jurisdiction 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
DocuSign Envelope ID: 95F18E68-EB20-4F54-8790-D4B6D926C398
Nov. 14, 2023 Item #3 Page 10 of 30
Alert & Warning MOA – August 2023 Page 7 of 12
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), NWEM (Non-Weather Emergency Message), WEA (Wireless
Emergency Alert), AlertSanDiego, San Diego County Emergency Website (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 the people within their jurisdictional boundary of severe or extreme hazards that
currently threaten or pose an imminent threat to life or property.
In Zonehaven, because the zone formations do not take jurisdictional boundaries into
consideration, alerts may be sent into neighboring jurisdictions. It is the responsibility of the
alerting jurisdiction to inform the neighboring impacted jurisdiction that the alert and public
facing map is crossing over into their area of responsibility.
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, WEA, and
Zonehaven systems (see Appendix A). Jurisdiction Program Administrators must be approved by
the Jurisdiction Unified Disaster Council representative.
The Jurisdiction Program Administrator will ensure that the fire, law, EMS, and dispatch agencies
serving their jurisdiction are provided a copy of this agreement. The Jurisdiction is responsible
for putting in place any internal agreements necessary to perform the responsibilities within this
agreement.
Jurisdictions shall, without delay, remove any and all persons no longer employed or otherwise
unauthorized to issue Alert & Warning messages on behalf of the Jurisdiction from the System.
Jurisdictions shall verify that all users with access to the system:
1.Are current agents of the jurisdiction with authority to access the system
2.Have read, understand, and agree to the terms of the MOA
3.Have satisfied, at minimum, the training requirements set forth in this MOA
4.Have signed the Rules of Behavior
DocuSign Envelope ID: 95F18E68-EB20-4F54-8790-D4B6D926C398
Nov. 14, 2023 Item #3 Page 11 of 30
Alert & Warning MOA – August 2023 Page 8 of 12
5.Have read and agreed to the Non-Disclosure Agreement
6.Notify County OES that the above listed items have been verified
B.State of California Alert & Warning Guidelines
All users agree to consider the State of California Alert & Warning Guidelines. The guidelines
may be found online at www.CalAlerts.org
C.Training
AlertSanDiego and WEA
FEMA requires specific training for alert originators. For a step-by-step guide, please see
Appendix A -Personnel Training Requirements. Initial train-the-trainer trainings will be available
to the Jurisdiction by the System vendor. Trainings will then be provided to Jurisdiction
administrators and communication center users. Ongoing training and refresher trainings can be
provided upon request by a representative from the County.
Zonehaven
Initial Zonehaven train-the-trainer trainings will be available to the Jurisdiction by the System
vendor. Trainings will then be provided to users at the administrative, communication centers,
and field user levels. Ongoing training and refresher trainings can be provided upon request by a
representative from the County.
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 IPAWS-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 audits, inquiries, and/or
requests.
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.
DocuSign Envelope ID: 95F18E68-EB20-4F54-8790-D4B6D926C398
Nov. 14, 2023 Item #3 Page 12 of 30
Alert & Warning MOA – August 2023 Page 9 of 12
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 county area. If a WEA 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 by the initiating Jurisdiction to all potentially affected neighboring jurisdictions
immediately. This may include, but is not limited to, Unified Disaster Council member(s), Dispatch
Agency(ies), Emergency Manager(s), and/or Special District(s) (e.g., Universities, Fire Protection
Districts, and Water Districts, etc.)
Only County OES and the Sheriff’s Communications Center can send Emergency Alert System
(EAS) broadcasts and NWEM alerts through IPAWS. NWEMs will accompany all EAS broadcasts.
Only County OES and the Sheriff’s Communications Center can send Emergency Alert System
(EAS) broadcasts and Non-Weather Emergency Messages (NWEMs) through FEMA’s Integrated
Public Alert and Warning System (IPAWS).
The Sheriff’s Communications Center and County OES may be available to initiate requested
WEA and AlertSanDiego messages from a Public Safety Official through standard mutual aid
processes for emergencies in incorporated county areas if the Jurisdiction is unable to do so.
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 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.
G.Maintenance
This MOA will be reviewed once every four years, or upon request of the UDC or the Alert &
Warning Subcommittee.
DocuSign Envelope ID: 95F18E68-EB20-4F54-8790-D4B6D926C398
Nov. 14, 2023 Item #3 Page 13 of 30
Alert & Warning MOA – August 2023 Page 10 of 12
VI.GOVERNANCE
County OES will advise on Alert and Warning, in conjunction with the UDC Alert & Warning
Subcommittee.
A.DEFENSE AND INDEMNITY
1.Claims Arising from Sole Acts or Omissions of County
The County of San Diego (“the County”) hereby agrees to defend and indemnify the
JURISDICTION 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 the
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 “ the County”) from
any claim, action or proceeding against the County, arising solely out of the acts or
omissions of the Jurisdiction in the performance of this Agreement. At its sole discretion,
the 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. The 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
The 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 the County and the Jurisdiction. In such cases, the 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 the County and the Jurisdiction agree
in writing to a joint defense, the 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 the County. Joint defense counsel shall be selected by
mutual agreement of the County and the Jurisdiction. The 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. The County and the Jurisdiction
further agree that neither party may bind the other to a settlement agreement without
the written consent of both the County and the Jurisdiction.
DocuSign Envelope ID: 95F18E68-EB20-4F54-8790-D4B6D926C398
Nov. 14, 2023 Item #3 Page 14 of 30
Alert & Warning MOA – August 2023 Page 11 of 12
5.Reimbursement and/or Reallocation
Where a trial verdict or arbitration award allocates or determines the comparative fault
of the parties, the County and the Jurisdiction may seek reimbursement and/or
reallocation of defense costs, settlement payments, judgments and awards, consistent
with such comparative fault.
6.Application of California Law
Nothing in this 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.
DocuSign Envelope ID: 95F18E68-EB20-4F54-8790-D4B6D926C398
Nov. 14, 2023 Item #3 Page 15 of 30
DocuSign Envelope ID: 95F18E68-EB20-4F54-8790-O486O926C398
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.
VII. TERM AND TERMINATION
This Agreement shall become effective when it is signed
terminated upon mutual consent at any time. Additi~nally, 'fithr r, party may terminate this
Agreement following six (6) months' written notice to the
VIII. SIGNATORY
Jeff Toney, Director, County of San Diego OES
Date:
Alert & Warning MOA -August 2023
Nov. 14,2023
~Jciwick, City Manager
City of Carlsbad
lleNWZb
Date:
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
BY: 4Uuf"-f V'6sf
Deputy/ Assistant City Attorney
Item #3
Page 12 of 12
Page 16 of 30
Alert & Warning MOA August 2023 Page 1 of 6
Appendix A
TRAINING
I. PURPOSE
To ensure effective and efficient use of Alert & Warning, agencies must regularly train and exercise their
Alert & Warning policies and procedures. It is recommended that jurisdictions create a training program
consisting of readily available coursework divided into sections of system access and responsibilities.
II. POLICY
A. County of San Diego
The County of San Diego Office of Emergency Services and/or the Sheriff’s Department will be available
to provide upon request the below training to those authorized to initiate Alert & Warning, upon
completion of training requirements as outlined in Section III, Training in this Appendix.
1. In person or virtual training on AlertSanDiego.
B. Jurisdiction
The Jurisdiction will ensure that staff they authorize to initiate Alert & Warning complete the minimum
training requirements as identified by the Federal Government in Section III of this Appendix. Training is
outlined below.
III. TRAINING
- The FEMA Individual Study (IS) course can be taken online at https://training.fema.gov/is/
- For all other courses, please go to the San Diego Urban Area Security Initiative Training and Exercise
Calendar at https://sduasi.org/ or the California Specialized Training Institute Course Calendar at
http://csti.org
A. Technician – as defined by California Alert & Warning Guidelines, is a level designed for
those authorized to physically access and send Alert & Warnings (i.e., Dispatchers or other Public Safety
Nov. 14, 2023 Item #3 Page 17 of 30
Alert & Warning MOA August 2023 Page 2 of 6
Officials as determined by the Jurisdiction). The following minimum training is required:
1. Alert & Warning system user training
2. IS-247: Integrated Public Alert and Warning System (IPAWS) For Alert Originators
3. IS-251 Integrated Public Alert and Warning System (IPAWS) For Alerting Administrators
4. IPAWS Rules of Behavior: Read, understand, and sign the IPAWS Rules of Behavior
5. Review the Integrated Public Alert and Warning System (IPAWS) best practices at
https://www.fema.gov/best-practices
B. Practitioner – as defined by California Alert & Warning Guidelines, is a level designed for those
authorized to craft messages and/or request to have messages sent (i.e., Incident Command or other
Public Safety Officials as determined by the Jurisdiction). It is recommended that practitioners complete
all technician level training in addition to the following courses:
1. PER-304: Social Media for Natural Disaster Response and Recovery
2. G290-291: Basic PIO and JIC-JIS
C. Program Administrator – as defined by California Alert & Warning Guidelines, is a level designed
for those overseeing the entire Alert & Warning program (i.e., Emergency Manager or other Public
Safety Officials as determined by the Jurisdiction). It is required that Program Administrators complete
all Technician level training as well as the following:
1. Alert & Warning system training specific to data and personnel management.
2. The individual must be knowledgeable in cross-jurisdictional coordination
techniques within the jurisdiction.
In addition to the above required training, it is recommended that Program Administrators
complete the following:
1. All Practitioner level training
a) L0388: Advanced Public Information Officer
b) 3. L-402: Liaison Officer
Program Administrators must be approved by the Jurisdiction’s Unified Disaster Council representative.
Program Administrators will be responsible for vetting and verifying which employees have completed
required trainings as outlined above in order to obtain access to the Alert & Warning system.
Nov. 14, 2023 Item #3 Page 18 of 30
Alert & Warning MOA August 2023 Page 3 of 6
IV. SYSTEM TESTING
A. Jurisdiction
There is no required system testing at the Jurisdictional level. It is recommended that Technicians,
Practitioners, and Program Administrators, as outlined above, perform skills testing on a regular basis.
Any public facing Alert & Warning test must be coordinated through the County OES.
B. County OES and Sheriff
The AlertSanDiego system will be tested no less than once per week by the County OES Staff Duty
Officer. This test will not be public facing. No public Alert & Warning shall be sent as part of the test.
In coordination with Federal Requirements, the IPAWS (WEA) system will be tested no less than once
per month by the County OES Staff Duty Officer. This test will not be public facing. No public Alert &
Warning shall be sent as part of the test.
V. ALERT AND WARNING GUIDELINES
Agencies should always maintain alerting capability. Maintaining the capability is imperative as disasters
may strike at any time, and jurisdictions are responsible for informing the public in a timely manner of
the threat and protective actions to take.
Agencies should issue alert and warning messages as soon as feasible given the circumstances of the
situation. Designated alerting staff should have ready and reasonable access to the Alert & Warning
system and be properly trained and well versed in how to operate the system.
Warning messages sent in error should be updated, clarified, or retracted immediately once the
message has been confirmed as erroneous.
VI. MESSAGE DETAILS
It is recommended that Jurisdictions utilize the Wireless Emergency Alert Request Form. This
form has been standardized and used by dispatch agencies across San Diego.
A. Descriptors and Parameters for WEA
IPAWS requires that one designator be selected from each of the following areas. Users should
select the most appropriate designator for the situation.
1. Standard Alert & Warning Descriptors:
Event Type
- CDW: Civil Danger Warning
- CEM: Civil Emergency Message
- EQW: Earthquake Warning
- EVI: Evacuation Immediate
- FRW: Fire Warning
- HMW: Hazardous Materials
Nov. 14, 2023 Item #3 Page 19 of 30
Alert & Warning MOA August 2023 Page 4 of 6
Warning
- LEW: Law Enforcement Warning
- LAE: Local Area Emergency
- NUW: Nuclear Power Plant Warning
- RHW: Radiological Hazard Warning
- SPW: Shelter in Place Warning
Category
- Geo: Geophysical (inc. landslide)
- Met: Meteorological (inc. flood)
- Safety: General emergency and
public safety
- Security: Law Enforcement, military,
homeland and local/private security
- Rescue: Rescue and recovery
- Fire: Fire suppression and rescue
- Health: Medical and public health
- Env: Pollution and other
environmental
- Transport: Public and private
transportation
- Infra: Utility, telecommunication,
other non-transport infrastructure
- CBRNE: Chemical, Biological,
Radiological, Nuclear or High-Yield
Explosive threat or attack
- Other: Other events
Response
- Shelter: Take shelter in place
- Evacuate: Relocate as instructed
- Prepare: Make Preparations
- Execute: Execute a pre-planned activity
- Avoid: Avoid the Subject events
- Monitor: Attend to information sources
2. Standard Alert & Warning Parameters:
Urgency
- Immediate
- Expected
Severity
- Extreme
- Severe
Certainty
- Observed
- Likely
Nov. 14, 2023 Item #3 Page 20 of 30
Alert & Warning MOA August 2023 Page 5 of 6
B. Message Requirements
1. Duration of WEA Message Broadcast - Minimum 15 minutes – Maximum 24 hours.
Broadcast duration is situationally dependent and determines how long messages are received
by new phones that enter the impacted area. If a jurisdiction determines that the incident has
concluded before the scheduled expiration, they should initiate a “force expiration” of the alert
to avoid unnecessary alerting.
2. WEA Messages must provide clear direction on protective actions and include:
a) Source: This will be the agency sending the Alert & Warning
b) Threat: This will be the reason why the Alert & Warning is being issued
c) Location: Be as specific as possible about the area affected
d) Guidance: Use plain language when guiding the public to take action, if
applicable identify timing
e) Additional information: Where residents can go for additional information. This
can be the Jurisdiction’s website/social media.
*Note: 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, or any other
registered domain name that leads to AlertSanDiego.org is used as part of a public Alert &
Warning message, the Jurisdiction must notify County OES of their intent to reference the
website immediately. 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.
Nov. 14, 2023 Item #3 Page 21 of 30
Alert & Warning MOA August 2023 Page 6 of 6
THREAT
Describe the event and its impact
State the impact area boundaries
in a way that can be understood
(e.g., use street names,
landmarks, natural features, and
political boundaries)
LOCATION
Tell people where to get more
information (e.g., website)
ADDITIONAL INFO
Tell people what protective
action to take, the time when to
do it, how to accomplish it, and
how doing it reduces risk
GUIDANCE/TIME
SOURCE
Say who the message is from
EXAMPLE (90 characters):
SD Sheriff-Wildfire affecting Ramona-Evacuate via
SR67-Tune to local media and AlertSD.org
SD Sheriff- Wildfire Affecting Ramona-
Evacuate via SR67- Tune to local media and
AlertSD.org
SOURCE THREAT LOCATION
GUIDANCE/TIME
ADDITIONAL INFO
C. Examples
EXAMPLE (360 characters):
The National Weather Service has issued a TSUNAMI WARNING
for San Diego County. A series of powerful waves and strong
currents may impact beaches in San Diego. Get away from
coastal waters, you are in danger. Move to high ground or
inland now. Keep away from the coasts until local officials say it
is safe to return. For more information go to www.AlertSD.org
Nov. 14, 2023 Item #3 Page 22 of 30
Alert & Warning MOA January 2020 Page 1 of 4
Appendix B
IPAWS-OPEN Rules of Behavior
*Note: The below Rules of Behavior have been established by the Federal Emergency Management Agency (FEMA)
1.0 INTRODUCTION
The following rules of behavior apply to all persons with application access to San Diego County
Office of Emergency Services Alert and Warning System(s). These individuals shall be held
accountable for their actions related to the public alert and warning resources entrusted to them
and must comply with the following rules or risk losing access privileges. The Rules of Behavior
apply to users on official travel as well as at their primary workplace (e.g., Emergency Operations
Center – EOC) and at any alternative workplace (e.g., telecommuting from a remote or satellite
site) using any electronic device including laptop computers and portable electronic devices
(PED’s). PED’s include cell phones, tablets, and plug-in and wireless peripherals that employ
removable media (e.g. CDs, DVDs, etc.). PEDs also encompass USB flash memory (thumb) drives
and external drives. These Rules of Behavior are consistent with existing DHS policies and DHS
Information Technology (IT) Security directives and are intended to enhance the awareness of each
user’s responsibilities regarding accessing, storing, receiving and/or transmitting information using
IPAWS-OPEN.
2.0 APPLICATION RULES
2.1 Official Use
• IPAWS-OPEN is a Federal application to be used only in the performance of the user’s
official duties in support of public safety as described in the National Incident
Management System (NIMS).
• The use of the IPAWS-OPEN for unauthorized activities is prohibited and could result in
verbal or written warning, loss of access rights, and/or criminal or civil prosecution.
• By utilizing IPAWS-OPEN, the user of the interoperable system(s) consents to allow
system monitoring to ensure appropriate usage for public safety is being observed.
• If software interoperating with IPAWS-OPEN enables users to geo-target public alert
messages by means of geospatial polygons or circles, then the user shall restrict any such
geospatial boundaries so as to remain within the geographical limits of their public warning
authority (or as near as possible).
2.2 Access Security
• All Email addresses provided in connection with interoperable system(s) user accounts
must be associated to an approved email, approved by the user’s emergency management
organization. The use of personal email accounts to support emergency messaging
through IPAWS-OPEN is prohibited.
Nov. 14, 2023 Item #3 Page 23 of 30
Alert & Warning MOA January 2020 Page 2 of 4
• Every interoperable system user is responsible for remote access security as it
relates to their use of IPAWS-OPEN and shall abide by these Rules of Behavior.
2.3 Interoperable System User Accounts and Passwords
• All users must have a discrete user account ID which cannot be the user’s social security
number. To protect against unauthorized access, passwords linked to the user ID are used
to identify and authenticate authorized users.
• Accounts and passwords shall not be transferred or shared. The sharing of both a user ID
and associated password with anyone (including administrators) is prohibited.
• Accounts and passwords shall be protected from disclosure and writing passwords down
or electronically storing them on a medium that is accessible by others is prohibited.
• The selection of passwords must be complex and include:
o At least eight characters in length
o At least two (02) upper case and two (02) lower case letters
o At least two (02) numbers and one (01) special character.
• Passwords must not contain names, repetitive patterns, dictionary words, product
names, personal identifying information (e.g., birthdates, SSN, phone number), and
must not be the same as the user ID.
• Users are required to change their passwords at least once every 90 days.
• Passwords must be promptly changed whenever a compromise of a password is known or
suspected.
2.4 Integrity Controls & Data Protection
• All computer workstations accessing IPAWS-OPEN must be protected by up-to-date
anti-virus software. Virus scans must be performed on a periodic basis and when
notified by the anti-virus software.
• Users accessing interoperable system(s) to utilize IPAWS-OPEN must:
o Physically protect computing devices such as laptops, PEDs, smartphones, etc;
o Protect sensitive data sent to or received from IPAWS-OPEN;
o Not use peer-to-peer (P2P) file sharing, which can provide a mechanism for
the spreading of viruses and put sensitive information at risk;
Nov. 14, 2023 Item #3 Page 24 of 30
Alert & Warning MOA January 2020 Page 3 of 4
o Not program computing devices with automatic sign-on sequences,
passwords or access credentials when utilizing IPAWS-OPEN.
Users may not provide personal or official IPAWS-OPEN information solicited by e-mail. If e-mail
messages are received from any source requesting personal information or asking to verify
accounts or other authentication credentials, immediately report this and provide the questionable
e-mail to the Local System Administrator and/or the San Diego County Office of Emergency
Services Help Desk.
• Only devices officially issued through or approved by DHS, FEMA and/or approved
emergency management organizations are authorized for use to interoperate with IPAWS-
OPEN and use of personal devices to access and/or store IPAWS-OPEN data and
information is prohibited.
• If a smartphone or other PED is used to access the interoperable system(s) to utilize
IPAWS- OPEN, the device must be password protected and configured to timeout or lock
after 10 minutes of inactivity.
• If sensitive information is processed, stored, or transmitted on wireless devices, it must
be encrypted using approved encryption methods.
2.5 System Access Agreement
• I understand that I am given access to the interoperable system(s) and IPAWS-OPEN to
perform my official duties.
• I will not attempt to access data, information or applications I am not authorized to
access nor bypass access control measures.
• I will not provide or knowingly allow other individuals to use my account
credentials to access the interoperable system(s) and IPAWS-OPEN.
• To prevent and deter others from gaining unauthorized access to sensitive resources, I will
log off or lock my computer workstation or will use a password-protected screensaver
whenever I step away from my work area, even for a short time and I will log off when I
leave for the day.
• To prevent others from obtaining my password via “shoulder surfing”, I will shield my
keyboard from view as I enter my password.
• I will not engage in, encourage, or conceal any hacking or cracking, denial of service,
unauthorized tampering, or unauthorized attempted use of (or deliberate disruption of)
any data or component within the interoperable system(s) and IPAWS-OPEN.
• I agree to inform my Local System Administrator when access to the interoperable
system(s) and/or IPAWS- OPEN is no longer required.
Nov. 14, 2023 Item #3 Page 25 of 30
Alert & Warning MOA January 2020 Page 4 of 4
• I agree that I have completed a locally delivered Computer Security Awareness type
training prior to my initial access to the interoperable system(s) and IPAWS-OPEN and
that as long as I have continued access, I will complete a locally delivered Computer
Security Awareness type training on an annual basis. Locally delivered trainings are
trainings delivered by your local jurisdiction, a local jurisdiction within the County, the
County, or the State.
2.6 Accountability
• I understand that I have no expectation of privacy while using any services or programs
interoperating with IPAWS-OPEN.
• I understand that I will be held accountable for my actions while accessing and
using interoperable system(s) and IPAWS-OPEN, including any other connected
systems and IT resources.
• I understand it is my responsibility to protect sensitive information from disclosure to
unauthorized persons or groups.
• I understand that I must comply with all software copyrights and licenses pertaining to
the use of IPAWS- OPEN.
2.7 Incident Reporting
• I will promptly report IT security incidents, or any incidents of suspected fraud, waste or
misuse of systems to the Local System Administrator and the San Diego County Office of
Emergency Services.
3.0 IPAWS-OPEN Rules of Behavior Statement of Acknowledgement
I have read and agree to comply with the requirements of these Rules of Behavior. I understand
that the terms of this agreement are a condition of my initial and continued access to San Diego
County Office of Emergency Services Alert and Warning System(s) and IPAWS-OPEN and related
services and that if I fail to abide by the terms of these Rules of Behavior, my access to any and all
IPAWS-OPEN information systems may be terminated and I may be subject to criminal or civil
prosecution. I have read and presently understand the above conditions and restrictions concerning
my access.
Name (Print):
Signature: Date:
Nov. 14, 2023 Item #3 Page 26 of 30
1
INFORMATION SHARING AND NONDISCLOSURE AGREEMENT
This Information Sharing and Nondisclosure Agreement is made as of February __, 2022
Effective Date San Diego Gas & Electric Company, a California corporation Company
and CSD . The parties hereby agree as follows:
1.Definition of Confidential Information.
1.1 Confidential Information means the names, addresses, telephone numbers, and email
addresses Confidential Information
does not include information (1) known to CSD or its Representatives prior to obtaining same from
Company; (2) in the public domain at the time of disclosure by the Company; (3) lawfully obtained by the
CSD or its Representative from a third party who did not receive same, directly or indirectly, from
Company; (4) that is or was independently developed by persons who had no access to the Confidential
Information; or (5) approved for release by written authorization of an authorized representative of the
Company. Any party claiming that any of the foregoing five exceptions apply will have the burden of
proof to establish such applicability.
1.2 Representatives liates, agents, and/or
advisors.
2.Access to Confidential Information. Company shall provide Confidential Information to CSD for
the sole purpose of enrolling CSD residents in a County-operated or city-operated public emergency
warning system.
3.Notification and Opt-Out. CSD shall notify the individuals listed in the Confidential Information
when they are enrolled in the public emergency warning system. This notification will include a process
purposes of the warning system.
4.Limited Use; Nondisclosure. CSD hereby agrees that it shall use the Confidential Information
solely for the purpose of enrolling and providing notifications to CSD residents in a County-operated or
city-operated public emergency warning system consistent with the provisions of Government Code
section 8593.4. CSD shall ensure the confidentiality of the Confidential Information is protected under
reasonable security procedures, and shall not disclose Confidential Information to any
individual other than a Representative. Except as otherwise provided herein, CSD will keep confidential
and not disclose the Confidential Information. CSD shall cause each of its Representatives to become
familiar with, and abide by, the terms of this Agreement as though it was a party hereto. CSD shall ensure
that a local government or a third-party contractor or agent that assists with or administers the emergency
warning system may not use the Confidential Information for any purpose other than for emergency
notification consistent with Government Code section 8593.4.
5.Court or Administrative Order. Notwithstanding the provisions of Article 2 above, CSD and its
Representatives may disclose any of the Confidential Information in the event, but only to the extent, that,
based upon reasonable advice of counsel, it is required to do so by the disclosure requirements of any law,
rule, or regulation or any order, decree, subpoena or ruling or other similar process of any court, securities
exchange, governmental agency or governmental or regulatory authority. To the extent allowed by law,
prior to making or permitting any of its Representatives to make such disclosure, CSD shall provide
Company with prompt written notice of any such requirement so that the Company (with CSD
assistance, at xpense) may seek a protective order or other appropriate remedy.
6.Document Retention. At any time when the Confidential Information is no longer needed for the
public emergency warning system, CSD shall promptly deliver to Company or destroy (with such
destruction to be certified to the Company) all portions of documents (and all copies thereof, however
stored) furnished to or prepared by CSD and its Representatives that contain or are based on or derived
Appendix C
Nov. 14, 2023 Item #3 Page 27 of 30
2
from Confidential Information and all other portions of documents in CSD possession that contain or
that are based on or derived from Confidential Information (to the extent so derived). This same
pursuant to section 3 of this Agreement. Notwithstanding the foregoing, CSD will not be required to
return or destroy Confidential Information that has been created solely by CSD automatic archiving and
back-up procedures, but only to the extent created and retained in a manner consistent with such
procedures and not for any other purpose, and provided that such automatically archived or backed-up
copies will be subject to the confidentiality provisions of this Agreement.
7. Term; Survival. The term of this Agreement shall commence on the Effective Date and shall
continue until terminated by mutual agreement of the parties in writing or until all Confidential
Information is destroyed or returned to Company by CSD. However, the obligations and restrictions on
CSD set forth herein, and the C
force and effect with respect to Confidential Information while any part of the Confidential Information is
possessed by CSD. Moreover, CSD represents, warrants, and covenants that security procedures and
practices appropriate to the nature of Confidential Information involved are in place and will be used at all
times with respect thereto to protect it from unauthorized access, destruction, use, modification, or
disclosure. Without limiting the generality of the foregoing or any other provision of this Agreement,
CSD shall access, collect, store, use, and disclose the Confidential Information under policies, practices
and notification requirements no less protective than those under which Company operates.
8. Assignment. Neither party shall permit this Agreement or any of its rights or obligations
hereunder to be assigned or delegated voluntarily, involuntarily, by merger, consolidation, dissolution,
operation of law, or any other manner, without prior written consent (which consent may
not be unreasonably withheld), and any attempted assignment without such consent will be null and void.
9. Remedies. The parties acknowledge that the Confidential Information is valuable and unique and
that damages would be an inadequate remedy for breach of this Agreement, and the obligations of each
party and its Representatives are specifically enforceable. Accordingly, the parties agree that in the event
of a breach or threatened breach of this Agreement by CSD, the Company shall be entitled to seek an
injunction preventing such breach, without the necessity of proving damages or posting any bond. Any
such relief shall be in addition to, and not in lieu of, money damages or any other available legal or
equitable remedy. Neither party nor any of its Representatives shall have any liability to any other
party or its Representatives for any special, indirect, incidental or consequential loss or damage
whatsoever, including, without limitation, lost profits or lost investment opportunity, even if such
party has been advised in advance that such damages could occur.
10. Other Business Opportunities. The holding of discussions between the parties and the disclosure
of Confidential Information shall not be construed as an obligation on the part of either party to refrain
from engaging at any time in the same business or any business similar or dissimilar to the business in
which the other party is now engaged. Further, except as otherwise agreed in writing, Confidential
Information received concerning the Company future plans is tentative and does not represent firm
decisions or commitments by either party. Either party may meet with third persons and may receive
information similar to the Confidential Information which the party received under this Agreement.
11. No Implied Licenses. Nothing in this Agreement will be construed as granting any rights to CSD,
by license or otherwise, to any of the Company s Confidential Information, except as specifically stated in
this Agreement.
12. No Warranty. Each party acknowledges and agrees that the Company and its Representatives
make no express or implied representation or warranty as to the accuracy or completeness of the
Confidential Information and that the Company and its Representatives shall have no liability relating to
or arising from the use of the Confidential Information or for any errors therein or omissions therefrom.
13. No Waiver. It is understood and agreed that no failure or delay by either party in exercising any
right, power or privilege available hereunder or under applicable law shall operate as a waiver thereof, nor
Nov. 14, 2023 Item #3 Page 28 of 30
3
shall any single or partial exercise thereof preclude any other or further exercise thereof of any other such
right, power or privilege.
14. Entire Agreement; Amendment; Counterparts. This Agreement contains the entire agreement
between the parties with respect to the subject matter hereof, and may be amended only in writing signed
by both parties. This Agreement supersedes any previous confidentiality or nondisclosure agreement or
contractual provisions between the parties to the extent they relate to the subject matter hereof. This
Agreement may be executed by the parties hereto on any number of separate counterparts, each of which
shall be an original and all of which taken together shall constitute one and the same instrument. Delivery
of an executed signature page of this Agreement by electronic means, including an attachment to an email,
shall be effective as delivery of an executed original counterpart of this Agreement.
15. Governing Law. The formation, interpretation and performance of this Agreement shall be
governed by the internal laws of the State of California, excluding, however, any conflict of laws rule
which would apply the law of another jurisdiction.
16. . If any action at law or in equity is brought to enforce or interpret the provisions
of this Agreement, the prevailing party shall be entitled to recover from the unsuccessful party all costs,
expenses (including expert testimony) and reasonable attorneys fees, including allocated costs and fees of
in-house counsel, incurred therein by the prevailing party.
17. Venue and Jurisdiction. In the event of any litigation to enforce or interpret any terms of this
Agreement, the parties agree that such action will be brought in the Superior Court of the County of
San Diego, California (or, if the federal courts have exclusive jurisdiction over the subject matter of the
dispute, in the U.S. District Court for the Southern District of California), and the parties hereby submit to
the exclusive jurisdiction of such courts.
18. Notices. Any notice, request, claim, demand, or other communication between the Parties
required or permitted by this Agreement, or otherwise made in connection with this Agreement must be in
writing and will be deemed effective: (a) when delivered in person; (b) on the next business day if
transmitted by national overnight courier to a physical address (not a PO Box), with confirmation of
delivery; (c) upon transmission if sent by electronic mail, provided that the sender shall also either send a
hard copy of the notice on the same business day in accordance with one of the other transmission
methods as confirmation of delivery or obtain written acknowledgement of receipt of the notice from the
recipient. In each of the foregoing cases, notice must be addressed as follows (or at such other address for
a Party as specified in a notice given in accordance with this Article):
If to Company:
San Diego Gas & Electric Company
8330 Century Park Court, SD1340
San Diego, CA 92123
Email: tporter@sdge.com
Attention: Thom Porter
With a copy to:
San Diego Gas & Electric Company
8330 Century Park Court, CP32A
San Diego, CA 92123
Email: fbacaj@sdge.com
Attention: General Counsel
If to CSD:
Jeff Toney
San Diego County Office of Emergency
Services
5580 Overland Avenue, Suite 100
San Diego, CA 92123
Email: jeff.toney@sdcounty.ca.gov
Attention: Jeff Toney
With a copy to:
Mark Day
Senior Deputy County Counsel
1600 Pacific Highway, Room 355
San Diego, CA 92101
Email: mark.day@sdcounty.ca.gov
Attention: Mark Day
Nov. 14, 2023 Item #3 Page 29 of 30
4
These addresses may be changed by written notice to the other party provided that no notice of a change of
address shall be effective until actual receipt of the notice. Copies of notices are for informational purposes
only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice.
19. Savings Clause; Effect of Uniform Trade Secrets Act. If any provision of this Agreement or the
application thereof to any person, place, or circumstance, shall be held by a court of competent
jurisdiction to be invalid, unenforceable, or void, the remainder of the Agreement and such provisions as
applied to other persons, places, and circumstances shall remain in full force and effect. In the event of
any conflict between any provision hereof and any provision of the Uniform Trade Secrets Act of
California, the provision affording the greater degree of protection to the Company shall control.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its authorized
representative as of the Effective Date.
COUNTY OF SAN DIEGO
By:
Name: Jeff Toney
Title: Director, San Diego Office of
Emergency Services
SAN DIEGO GAS & ELECTRIC COMPANY,
a California corporation
By:
Name: John D. Jenkins
Title: Vice President Electric Systems
Operations
Approved as to legal form:
Nov. 14, 2023 Item #3 Page 30 of 30