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10-18-05 Item 11South Miami 14a, 1 d� \ OftericaChy �'A CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: Honorable Mayor, Vice Mayor and City Commission From: Maria V. Davis City Manager RESOLUTION: Date: October 18, 2005 Agenda Item # I / Re: Adoption of National Incident Management System A RESOLUTION OF THE MAYOR AND THE CITY SOUTH MIAMI, FLORIDA, DESIGNATING MANAGEMENT SYSTEM (NIMS) AS THE MANAGEMENT FOR THE CITY OF SOUTH MIAMI; EFFECTIVE DATE. BACKGROUND & ANALYSIS: COMMISSION OF THE CITY OF THE NATIONAL INCIDENT BASIS FOR ALL INCIDENT FLORIDA; PROVIDING FOR AN On February 28, 2003, The President issued Homeland Security Directive (HSPD) -5, Management of Domestic Incidents, which directs the Secretary of Homeland Security to develop and administer a National Incident- Management System (NIMS). This system provides a consistent nationwide template to enable Federal, State, local and tribal governments and private sector and non- governmental organizations to work together effectively and efficiently to prepare for, prevent, respond to and recover from domestic incidents, regardless of the cause, size, or complexity, including acts of catastrophic terrorism. The directive establishes the basic elements of NIMS and provides mechanisms for the further developments and refinement of supporting national standards, guidelines, protocols, systems and technologies. Building on the foundation provided by existing incident management and emergency response systems used by jurisdictions and functional disciplines at all levels, the directive integrates best practices that have proven effective over the years into a comprehensive framework for use by incident management organizations in an all — hazards context (terrorist attacks, natural disasters, and other emergencies) nationwide. It also sets in motion the mechanisms necessary to leverage new technologies and adopt new approaches that will enable continuous refinement of the NIMS over time. The directive was developed through a collaborative, intergovernmental partnership with significant input from the incident management functional disciplines, the private sector, and nongovernmental organizations. The NIMS represents a core set of doctrine, concepts, principles, terminology and organizational processes to enable effective, efficient, and collaborative incident management at all levels. It is not an operational incident management or resource allocation plan. To this end, HSPD -5 requires the Secretary of Homeland Security to develop a National Response Plan (NRP) that integrates Federal government domestic prevention, preparedness, response, and recovery plans into a single, all- disciplines, all- hazards plan. The NRP, using the comprehensive framework provided by the NIMS, will provide the structure and mechanisms for national -level policy and operational direction for Federal support to State, local and tribal incident managers and for exercising direct Federal authorities and responsibilities as appropriate under the law. HSPD -5 requires all Federal departments and agencies to adopt the NIMS and use it in their individual domestic incident management and emergency prevention, preparedness, response, recovery, and mitigation programs and activities, as well as in support of all actions taken to assist State, local, or tribal entities. The directive also requires Federal departments and agencies to make adoption of the NIMS by State and local organizations, a condition for Federal preparedness assistance (through grants, contracts and other activities) beginning FY 2005. Jurisdictional compliance with certain aspects of the NIMS will be possible in the short term, such as adopting the basic tenets of the Incident Command System (ICS). To underscore the importance of the nationwide adoption of NIMS, the Department of Homeland Security has directed that all federal preparedness assistance to states and local jurisdictions be tied to compliance with the requirements of NIMS. Beginning October 1, 2005, all recipients of federal preparedness funds must adopt and use NIMS as a condition for the receipt of FY2006 preparedness funding. This does not include funds from the Department of Homeland Security; it includes preparedness funds from all federal departments and agencies, although there is no linkage between post disaster assistance funds and NIMS compliance. Specific preparedness grants outline their requirements for eligibility in the grant language. RECOMMENDATION: We recommend adoption of the National Incident Management System as the basis for all incident management in South Miami. I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, DESIGNATING THE NATIONAL 6 INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL 7 INCIDENT MANAGEMENT FOR THE CITY OF SOUTH MIAMI, 8 FLORIDA; PROVDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, the President of the Unites States' Homeland Security Directive (HSPD) -5, 11 directed the Secretary of the Department of Homeland Security to develop and administer a 12 National Incident Management System (NIMS), which would provide a consistent nationwide 13 approach for Federal, State, local and tribal governments to work together more effectively and 14 efficiently to prevent, prepare for, respond to and recover from domestic incidents, regardless of 15 cause, size or complexity; and 16 17 WHEREAS, the collective input and guidance from all Federal, State, local and tribal 18 homeland security partners has been, and will continue to be, vital to the development, effective 19 implementation and utilization of a comprehensive NIMS; and 20 21 WHEREAS, it is necessary and desirable that all Federal, State, local emergency 22 agencies and personnel coordinate their efforts to effectively and efficiently provide the highest 23 levels of incident management; and 24 25 WHEREAS, to facilitate the most efficient and effective incident management it is 26 critical that Federal, State and local organizations utilize standardized terminology, standardized 27 organizational structures, interoperable communications, consolidated action plans, unified 28 command structures, uniform personnel qualification standards, uniform standards for planning, 29 training and exercising, comprehensive resource management, and designated incident facilities 30 during emergencies or disasters; and 31 32 WHEREAS, the NIMS standardized procedures for managing personnel, 33 communications, facilities and resources will improve the City's ability to utilize federal funding 34 to enhance local agency readiness, maintain first responder safety and streamline incident 35 management processes; and 36 37 WHEREAS, the Incident Command System components of NIMS are already an 38 integral part of various incident management activities throughout the State, including current 39 emergency management training programs. 40 41 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 42 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 43 44 Section 1. The City of South Miami, Florida adopts the National Incident Management 45 System (NIMS) as the standard for incident management for the City of South Miami, Florida. 46 47 Section 2. Employees of the City of South Miami will complete the required NIMS 48 training appropriate to their level of assigned responsibilities, and maintain that level of training 49 by certification within the timeframe to be established by the Federal requirements for NIMS. 50 51 Section 3. This resolution shall take effect immediately upon adoption. 52 53 PASSED AND ADOPTED this day of , 2005. 54 55 ATTEST: APPROVED: 56 57 58 -CITY CLERK MAYOR 59 60 READ AND APPROVED AS TO FORM: Commission Vote: 61 Mayor Russell: 62 Vice Mayor Palmer: 63 Commissioner Wiscombe; 64 CITY ATTORNEY Commissioner Birts- Cooper: 65 Commissioner Sherar: 66 67 68 CADocuments -and Settings\Aricke\My Documents \Word Documents \ResolutionNIMS.doc 69 Homeland Security Presidential Directive -5 Ed Page 1 of 7 For Immediate Release Office of the Press Secretary The White House 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 http: // 147. 208.25. 240 /irp /offdocs /nspd /hspd- 5.html 9/26/2005 Homeland Security Presidential Directive -5 Page 2 of 7 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. Following 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 http: //147. 208.25. 240 /irp /offdocs /nspd /hspd- 5.html 9/26/2005 Homeland Security Presidential Directive -5 Page 3 of 7 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 http: // 147. 208.25.240 /irp /offdocs /nspd /hspd- 5.html 9/26/2005 Homeland Security Presidential Directive -5 Page 4 of 7 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 NEWS; 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. http: //147. 208.25. 240 /irp /offdocs /nspd /hspd- 5.html 9/26/2005 Homeland Security Presidential Directive -5 Page 5 of 7 (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 NEWS 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 http:H147. 208.25. 240 /irp /offdocs /nspd /hspd- 5.html 9/26/2005 Homeland Security Presidential Directive -5 Page 6 of 7 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; 0) 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 http: // 147. 208.25. 240 /irp /offdocs /nspd /hspd- 5.html 9/26/2005 Homeland Security Presidential Directive -5 follows: Page 7 of 7 (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 Source: http: / /www.whitehouse.gov/ news /releases /2003/02/20030228- 9.html http: //147. 208.25. 240 /irp /offdocs /nspd /hspd- 5.html 9/26/2005