HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-1391
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Temp. Reso #10749
June 13, 2005
Revision #1 — June 28, 2005
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005 - 13 9
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
ADOPTING THE NATIONAL INCIDENT
MANAGEMENT SYSTEM (NIMS) PER
HOMELAND SECURITY PRESIDENTIAL
DIRECTIVE HSPD-5 TO PROVIDE FOR
DOMESTIC INCIDENT MANAGEMENT;
PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac is committed to providing the most effective
approach to prepare for, respond to, and recover from domestic incidents regardless of
the cause, size or complexity; and
WHEREAS, Homeland Security Presidential Directive / HSPD-5, February 2003
attached hereto as EXHIBIT 1 established the National Incident Management System
(NIMS); to provide a single, comprehensive approach to domestic incident management
to ensure that all levels of government across the Nation have the capability to work
efficiently together using a national approach to domestic incident management; and
WHEREAS, the NIMS provides for interoperability and compatibility among
Federal, State and local capabilities, and includes a core set of concepts, principals,
terminology and technologies covering the incident command system, unified command,
training, management of resources and reporting; and
Temp. Reso #10749
June 13, 2005
Revision #1 --- June 28, 2005
Page 2
WHEREAS, Beginning October 1, 2004 all federal, state, territorial, tribal and
local entities shall adopt the NIMS as required by the Department of Homeland Security,
to the extent provided by law, providing Federal preparedness assistance through
grants, contracts or other activities to local governments; and
WHEREAS, the Fire Chief recommends adopting NIMS to comply with the
Presidential Directive / HSPD-5, established February 2003; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be
in the best interest of the citizens and residents of the City of Tamarac to adopt the
National Incident Management System.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
SECTION 2: The City Commission of the City of Tamarac, Florida hereby
adopts the National Incident Management System (NIMS) as Tamarac's system to
prepare and respond to disastrous incidents.
SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
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Temp. Reso #10749
June 13, 2005
Revision #1 — June 28, 2005
Page 3
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 13 day of , 2005.
r'
JOE SCHREIBER
MAYOR
ATTEST:
Z A- RECORD OF COMMISSION VOTE:
MAR_ ION SWEN ON, CMC MAYOR SCHREIBER
CITY CLERK DIST 1: COMM. PORTNER
DIST 2: V/M TALABISCO
DIST 3: COMM. SULTANOF e
I HEREBY CERTIFY that DIST 4: COMM. ROBERTS
-
I have approved this
RESOLUTION as to form.
�16
AI UEL S. GOREN
NTERIM CITY ATTORNEY
I
TR 10749 - EXHIBIT 1
President George Bush
For Immediate Release
Office of the Press Secretary
February 28, 2003
Homeland Security Presidential Directive/HSPD-5
Subject: Management of Domestic Incidents
Purpose
(1) To enhance the ability of the United States to manage domestic incidents by
establishing a single, comprehensive national incident management system.
Definitions
(2) In this directive:
(a) the term "Secretary" means the Secretary of Homeland Security.
(b) the term "Federal departments and agencies" means those executive
departments enumerated in 5 U.S.C. 101, together with the Department of
Homeland Security; independent establishments as defined by 5 U.S.C. 104(1);
government corporations as defined by 5 U.S.C. 103(1); and the United States
Postal Service.
(c) the terms "State," "local," and the "United States" when it is used in a
geographical sense, have the same meanings as used in the Homeland Security Act
of 2002, Public Law 107-296.
Policy
(3) To prevent, prepare for, respond to, and recover from terrorist attacks, major
disasters, and other emergencies, the United States Government shall establish a
single, compre-hensive approach to domestic incident management. The objective of
the United States Government is to ensure that all levels of government across the
Nation have the capability to work efficiently and effectively together, using a
national approach to domestic incident management. In these efforts, with regard to
domestic incidents, the United States Government treats crisis management and
consequence management as a single, integrated function, rather than as two
separate functions.
(4) The Secretary of Homeland Security is the principal Federal official for domestic
incident management. Pursuant to the Homeland Security Act of 2002, the Secretary
is responsible for coordinating Federal operations within the United States to prepare
for, respond to, and recover from terrorist attacks, major disasters, and other
emergencies. The Secretary shall coordinate the Federal Government's resources
utilized in response to or recovery from terrorist attacks, major disasters,
or other emergencies if and when any one of the following four conditions applies:
(1) a Federal department or agency acting under its own authority has requested the
assistance of the Secretary; (2) the resources of State and local authorities are
overwhelmed and Federal assistance has been requested by the appropriate State
and local authorities; (3) more than one Federal department or agency has become
substantially involved in responding to the incident; or (4) the Secretary has been
directed to assume responsibility for managing the domestic incident by the
President.
(5) Nothing in this directive alters, or impedes the ability to carry out, the authorities
of Federal departments and agencies to perform their responsibilities under law. All
Federal departments and agencies shall cooperate with the Secretary in the
Secretary's domestic incident management role.
(6) The Federal Government recognizes the roles and responsibilities of State and
local authorities in domestic incident management. Initial responsibility for managing
domestic incidents generally falls on State and local authorities. The Federal
Government will assist State and local authorities when their resources are
overwhelmed, or when Federal interests are involved. The Secretary will coordinate
with State and local governments to ensure adequate planning, equipment, training,
and exercise activities. The Secretary will also provide assistance to State and local
governments to develop all -hazards plans and capabilities, including those of
greatest importance to the security of the United States, and will ensure that State,
local, and Federal plans are compatible.
(7) The Federal Government recognizes the role that the private and
nongovernmental sectors play in preventing, preparing for, responding to, and
recovering from terrorist attacks, major disasters, and other emergencies. The
Secretary will coordinate with the private and nongovernmental sectors to ensure
adequate planning, equipment, training, and exercise activities and to promote
partnerships to address incident management capabilities.
(8) The Attorney General has lead responsibility for criminal investigations of
terrorist acts or terrorist threats by individuals or groups inside the United States, or
directed at United States citizens or institutions abroad, where such acts are within
the Federal criminal jurisdiction of the United States, as well as for related
intelligence collection activities within the United States, subject to the National
Security Act of 1947 and other applicable law, Executive Order 12333, and Attorney
General -approved procedures pursuant to that Executive Order. Generally acting
through the Federal Bureau of Investigation, the Attorney General, in cooperation
with other Federal departments and agencies engaged in activities to protect our
national security, shall also coordinate the activities of the other members of the law
enforcement community to detect, prevent, preempt, and disrupt terrorist attacks
against the United States. Fallowing a terrorist threat or an actual incident that falls
within the criminal jurisdiction of the United States, the full capabilities of the United
States shall be dedicated, consistent with United States law and with activities of
other Federal departments and agencies to protect our national security, to assisting
the Attorney General to identify the perpetrators and bring them to justice. The
Attorney General and the Secretary shall establish appropriate relationships and
mechanisms for cooperation and coordination between their two departments.
(9) Nothing in this directive impairs or otherwise affects the authority of the
Secretary of Defense over the Department of Defense, including the chain of
command for military forces from the President as Commander in Chief, to the
Secretary of Defense, to the commander of military forces, or military command and
control procedures. The Secretary of Defense shall provide military support to civil
authorities for domestic incidents as directed by the President or when consistent
with military readiness and appropriate under the circumstances and the law. The
Secretary of Defense shall retain command of military forces providing civil support.
The Secretary of Defense and the Secretary shall establish appropriate relationships
and mechanisms for cooperation and coordination between their two departments.
(10) The Secretary of State has the responsibility, consistent with other United
States Government activities to protect our national security, to coordinate
international activities related to the prevention, preparation, response, and recovery
from a domestic incident, and for the protection of United States citizens and United
States interests overseas. The Secretary of State and the Secretary shall establish
appropriate relationships and mechanisms for cooperation and coordination between
their two departments.
(11) The Assistant to the President for Homeland Security and the Assistant to the
President for National Security Affairs shall be responsible for interagency policy
coordination on domestic and international incident management, respectively, as
directed by the President. The Assistant to the President for Homeland Security and
the Assistant to the President for National Security Affairs shall work together to
ensure that the United States domestic and international incident management
efforts are seamlessly united.
(12) The Secretary shall ensure that, as appropriate, information related to domestic
incidents is gathered and provided to the public, the private sector, State and local
authorities, Federal departments and agencies, and, generally through the Assistant
to the President for Homeland Security, to the President. The Secretary shall provide
standardized, quantitative reports to the Assistant to the President for Homeland
Security on the readiness and preparedness of the Nation -- at all levels of
government -- to prevent, prepare for, respond to, and recover from domestic
incidents.
(13) Nothing in this directive shall be construed to grant to any Assistant to the
President any authority to issue orders to Federal departments and agencies, their
officers, or their employees.
Tasking
(14) The heads of all Federal departments and agencies are directed to provide their
full and prompt cooperation, resources, and support, as appropriate and consistent
with their own responsibilities for protecting our national security, to the Secretary,
the Attorney General, the Secretary of Defense, and the Secretary of State in the
exercise of the individual leadership responsibilities and missions assigned in
paragraphs (4), (8), (9), and (10), respectively, above.
(15) The Secretary shall develop, submit for review to the Homeland Security
Council, and administer a National Incident Management System (NIMS). This
system will provide a consistent nationwide approach for Federal, State, and local
governments to work effectively and efficiently together to prepare for, respond to,
and recover from domestic incidents, regardless of cause, size, or complexity. To
provide for interoperability and compatibility among Federal, State, and local
capabilities, the NIMS will include a core set of concepts, principles, terminology, and
technologies covering the incident command system; multi -agency coordination
systems; unified command; training; identification and management of resources
(including systems for classifying types of resources); qualifications and certification;
and the collection, tracking, and reporting of incident information and incident
resources.
(16) The Secretary shall develop, submit for review to the Homeland Security
Council, and administer a National Response Plan (NRP). The Secretary shall consult
with appropriate Assistants to the President (including the Assistant to the President
for Economic Policy) and the Director of the Office of Science and Technology Policy,
and other such Federal officials as may be appropriate, in developing and
implementing the NRP. This plan shall integrate Federal Government domestic
prevention, preparedness, response, and recovery plans into one all -discipline, all -
hazards plan. The NRP shall be unclassified. If certain operational aspects require
classification, they shall be included in classified annexes to the NRP.
(a) The NRP, using the NIMS, shall, with regard to response to domestic incidents,
provide the structure and mechanisms for national level policy and operational
direction for Federal support to State and local incident managers and for exercising
direct Federal authorities and responsibilities, as appropriate.
(b) The NRP will include protocols for operating under different threats or threat
levels; incorporation of existing Federal emergency and incident management plans
(with appropriate modifications and revisions) as either integrated components of the
NRP or as supporting operational plans; and additional opera-tional plans or
annexes, as appropriate, including public affairs and intergovernmental
communications.
(c) The NRP will include a consistent approach to reporting incidents, providing
assessments, and making recommendations to the President, the Secretary, and the
Homeland Security Council.
(d) The NRP will include rigorous requirements for continuous improvements from
testing, exercising, experience with incidents, and new information and technologies.
(17) The Secretary shall:
(a) By April 1, 2003, (1) develop and publish an initial version of the NRP, in
consultation with other Federal departments and. agencies; and (2) provide the
Assistant to the President for Homeland Security with a plan for full development and
implementation of the NRP.
(b) By June 1, 2003, (1) in consultation with Federal departments and agencies and
with State and local governments, develop a national system of standards,
guidelines, and protocols to implement the NIMS; and (2) establish a mechanism for
ensuring ongoing management and maintenance of the NIMS, including regular
consultation with other Federal departments and agencies and with State and local
governments.
(c) By September 1, 2003, in consultation with Federal departments and agencies
and the Assistant to the President for Homeland Security, review existing authorities
and regulations and prepare recommendations for the President on revisions
necessary to implement fully the NRP.
(18) The heads of Federal departments and agencies shall adopt the NIMS within
their departments and agencies and shall provide support and assistance to the
Secretary in the development and maintenance of the NIMS. All Federal departments
and agencies will use the NIMS in their domestic incident management and
emergency prevention, preparedness, response, recovery, and mitigation activities,
as well as those actions taken in support of State or local entities. The heads of
Federal departments and agencies shall participate in the NRP, shall assist and
support the Secretary in the development and maintenance of the NRP, and shall
participate in and use domestic incident reporting systems and protocols established
by the Secretary.
(19) The head of each Federal department and agency shall:
(a) By June 1, 2003, make initial revisions to existing plans in accordance with the
initial version of the NRP.
(b) By August 1, 2003, submit a plan to adopt and implement the NIMS to the
Secretary and the Assistant to the President for Homeland Security. The Assistant to
the President for Homeland Security shall advise the President on whether such plans
effectively implement the NIMS.
(20) Beginning in Fiscal Year 2005, Federal departments and agencies shall make
adoption of the NIMS a requirement, to the extent permitted by law, for providing
Federal preparedness assistance through grants, contracts, or other activities. The
Secretary shall develop standards and guidelines for determining whether a State or
local entity has adopted the NIMS.
Technical and Conforming Amendments to National Security Presidential Directive-1
(NSPD-1)
(21) NSPD-1 ("Organization of the National Security Council System") is amended by
replacing the fifth sentence of the third paragraph on the first page with the
following: "The Attorney General, the Secretary of Homeland Security, and the
Director of the Office of Management and Budget shall be invited to attend meetings
pertaining to their responsibilities.".
Technical and Conforming Amendments to National Security Presidential Directive-8
(NSPD-8)
(22) NSPD-8 ("National Director and Deputy National Security Advisor for Combating
Terrorism") is amended by striking "and the Office of Homeland Security," on page
4, and inserting "the Department of Homeland Security, and the Homeland Security
Council" in lieu thereof.
Technical and Conforming Amendments to Homeland Security Presidential Directive-
2 (HSPD-2)
(23) HSPD-2 ("Combating Terrorism Through Immigration Policies") is amended as
follows:
(a) striking "the Commissioner of the Immigration and Naturalization Service (INS)"
in the second sentence of the second paragraph in section 1, and inserting "the
Secretary of Homeland Security" in lieu thereof ;
(b) striking "the INS," in the third paragraph in section 1, and inserting "the
Department of Homeland Security" in lieu thereof;
(c) inserting ", the Secretary of Homeland Security," after "The Attorney General" in
the fourth paragraph in section 1;
(d) inserting ", the Secretary of Homeland Security," after "the Attorney General" in
the fifth paragraph in section 1;
(e) striking "the INS and the Customs Service" in the first sentence of the first
paragraph of section 2, and inserting "the Department of Homeland Security" in lieu
thereof;
(f) striking "Customs and INS" in the first sentence of the second paragraph of
section 2, and inserting "the Department of Homeland Security" in lieu thereof;
(g) striking "the two agencies" in the second sentence of the second paragraph of
section 2, and inserting "the Department of Homeland Security" in lieu thereof;
(h) striking "the Secretary of the Treasury" wherever it appears in section 2, and
inserting "the Secretary of Homeland Security" in lieu thereof;
(i) inserting ", the Secretary of Homeland Security," after "The Secretary of State"
wherever the latter appears in section 3;
(j) inserting ", the Department of Homeland Security," after "the Department of
State," in the second sentence in the third paragraph in section 3;
(k) inserting "the Secretary of Homeland Security," after "the Secretary of State," in
the first sentence of the fifth paragraph of section 3;
(1) striking "INS" in the first sentence of the sixth paragraph of section 3, and
inserting "Department of Homeland Security" in lieu thereof;
(m) striking "the Treasury" wherever it appears in section 4 and inserting "Homeland
Security" in lieu thereof;
(n) inserting ", the Secretary of Homeland Security," after "the Attorney General" in
the first sentence in section 5; and
(o) inserting ", Homeland Security" after "State" in the first sentence of section 6.
Technical and Conforming Amendments to Homeland Security Presidential Directive-
3 (HSPD-3)
(24) The Homeland Security Act of 2002 assigned the responsibility for administering
the Homeland Security Advisory System to the Secretary of Homeland Security.
Accordingly, HSPD-3 of March 11, 2002 ("Homeland Security Advisory System") is
amended as follows:
(a) replacing the third sentence of the second paragraph entitled "Homeland Security
Advisory System" with "Except in exigent circumstances, the Secretary of. Homeland
Security shall seek the views of the Attorney General, and any other federal agency
heads the Secretary deems appropriate, including other members of the Homeland
Security Council, on the Threat Condition to be assigned."
(b) inserting "At the request of the Secretary of Homeland Security, the Department
of Justice shall permit and facilitate the use of delivery systems administered or
managed by the Department of Justice for the purposes of delivering threat
information pursuant to the Homeland Security Advisory System." as a new
paragraph after the fifth paragraph of the section entitled "Homeland Security
Advisory System."
(c) inserting ", the Secretary of Homeland Security" after "The Director of Central
Intelligence" in the first sentence of the seventh paragraph of the section entitled
"Homeland Security Advisory System".
(d) striking "Attorney General" wherever it appears (except in the sentences referred
to in subsections (a) and (c) above), and inserting "the Secretary of Homeland
Security" in lieu thereof; and
(e) striking the section entitled "Comment and Review Periods."
GEORGE W. BUSH