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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