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HomeMy WebLinkAboutFS 2011-07-06 COMPLETE AGENDA PACKET City of Tukwila Distribution: K. Hougardy 3. Hernanez Finance and Safety D. Robertson A. Ekberg Committee Mayor Haggerton S. Lancaster O Kathy Hougardy, Chair C. o 'Raherty h� O Joan Hernandez S. Kerslake K. Mate] 0 Dennis Robertson AGENDA WEDNESDAY, JULY 6, 2011 CONFERENCE ROOM #3, 5:00 PM Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. SCORE Investigative Services Agreement. a. Forward to 7/11 C.O.W. Pg.1 Mike V111a, Po /ice Chief and 7/18 Regular Mtg. b. Emergency Management ordinance. b. Forward to 7/11 C.O.W. Pg.5 Marty Grisham, Emergency Manager and 7/18 Regular Mtg. c. Donation of Ford Expedition to Fire Department. c. Forward to 7/11 C.O.W. Pg.43 Nick O /ivas, Fire Chief and 7/18 Regular Mtg. d. March /April sales tax report. d. Information Only Pg.47 Shawn Hunstock, Finance Director (April information will be presented at meeting time.) 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Tuesday, July 19, 2011 The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206 433 -1800 or (tukclerk @tukwilawa.gov) for assistance. blank City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Mike Villa, Chief of Police DATE: June 28, 2011 SUBJECT: SCORE Investigative Services Agreement ISSUE The City wishes to sign an Investigative Services Agreement with the South Correctional Entity (SCORE). BACKGROUND The cities of Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac, and Tukwila created a governmental administrative agency known as SCORE. SCORE has built a new detention facility located in Des Moines Washington. The facility will begin housing inmates in September of 2011. DISCUSSION The cities mentioned above wish to cooperate in the investigation of any criminal or significant activity that occurs at the SCORE facility and pursuant to the authority of the Washington Mutual Aid Peace Officers Powers Act, Chapter 10.93 RCW. This cooperative agreement will reduce the burden on any one agency for the sole responsibility of these investigations. The Investigative Services Division of the Tukwila Police Department (TPD) will absorb the increased demand during 2011 and 2012. TPD will monitor and assess the requests and make necessary future adjustments as needed. The Investigative Assistance Agreement has been approved by both the SCORE Operations Board and the Administrative Board. These boards are comprised of the Police Chiefs and Mayors of the aforementioned cities as well as the SCORE director. RECOMMENDATION The Council is being asked to consider this item at the July 11, 2011 Committee of the Whole Meeting and subsequent July 18, 2011 Regular Council Meeting. ATTACHMENTS Investigative Assistance Agreement with SCORE WA2011 Info Memos\SCOREInvestigative.doc 1 INVESTIGATIVE ASSISTANCE AGREEMENT This Agreement is between the State of Washington cities of Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac and Tukwila (collectively "Cities" and each "City"), which created a governmental administrative agency pursuant to RCW 39.34.030(3) known as the South Correctional Entity, "SCORE effective on August 22, 2011. RECITAL WHEREAS, the Cities have worked closely in the past in all aspects of policing services and wish to continue such relationships with regard to the new detention facility built by SCORE and the investigation of any criminal or significant activity that occurs at this facility and pursuant to the authority of the Washington Mutual Aid Peace Officers Powers Act, Chapter 10.93 RCW "Act and WHEREAS, RCW 10.93.130, contracting authority of law enforcement agencies, provides: "Under the interlocal cooperation act, chapter 39.34 RCW, any law enforcement agency referred to by this chapter may contract with any other such agency and may also contract with any law enforcement agency of another state, or such state's political subdivision, to provide mutual law enforcement assistance." TERMS AND CONDITIONS NOW THEREFORE, in consideration of the above recitals which are incorporated by reference herein and other good and sufficient consideration, the Cities agree as follows: The SCORE Executive Director or designees and the Cities' Chiefs of Police will cooperate and exercise their professional judgment in requesting and responding to SCORE requests for investigative assistance. b SCORE will utilize Valley Communications to initiate any required first responder calls for service for those emergency calls that require a police or fire response. Beyond emergency response, at the discretion of the Executive Director, SCORE will initiate requests to the Cities for investigative assistance with any investigations requiring the need for outside investigative assistance. The SCORE Executive Director and the Cities' Chiefs of Police will use best efforts to disburse the burden of such requests among the Cities on an equitable basis and the Chiefs of Police will use their best efforts to affirmatively respond to such requests for assistance. In the event that a City police department cannot respond to a mutual aid investigation request, the SCORE Executive Director will seek the aid of one of the Cities or another outside law enforcement agency for an investigation. Investigative Assistance Agreement Page 1 of 3 2 At the sole discretion of the Executive Director, in circumstances where an independent law enforcement investigation (i.e. without the participation of a City) is needed, the SCORE Executive Director, or designee, will acquire the assistance of another outside law enforcement agency. SCORE will be responsible for initiating contact with the Chief of Police for the City of Des Moines, or designee, who is to be notified of the need for law enforcement investigative assistance before another law enforcement agency is requested. SCORE will also notify the Washington Cities Insurance Authority, as the circumstances warrant. At the discretion of the SCORE Executive Director, no requests will be made to the Cities' police departments to become involved in matters that are more commonly handled through other investigative means, such as labor employment issues or matters that are to be investigated and handled within SCORE's internal administrative procedures. Liability for investigative assistance will be subject to the provisions of the Act. A request for investigative assistance should contain the following elements: o Communication between SCORE and the Cities o Definition of the event that has occurred o Staffing requirements expected for the investigation o Status as to either lead agency, secondary agency, or to act as an independent reviewer o Estimated duration of the investigation o Estimation of any after action events or functions that may occur o Comprehensive written report of the event This Agreement may be executed in counterparts and to be effective on the date above specified. Investigative Assistance Agreement Page 2 of 3 3 South Correctional Entity City of Auburn City of Burien City of Des Moines City of Federal Way City of Renton Jim Haggerton, Mayor City of SeaTac City of Tukwila Investigative Assistance Agreement Page 3 of 3 4 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance Safety Committee FROM: Martin F. Grisham, Emergency Manager DATE: June 8, 2011 SUBJECT: Emergency Management Ordinance Update ISSUE Tukwila Municipal Code Chapter 2.57, "Emergency Management" was last updated by Ordinance No. 2198 on February 19, 2008. Main issues being addressed with this update are; definitions, duties and language. Our recommended changes bring our ordinance more in line with state law as found in RCW 38.52.010, and with Federal Definitions, as found in the FEMA glossary attached. DISCUSSION Section 2.57.060 of the current Emergency Management ordinance assigns the Director of Emergency Management to "oversee implementation of annual updates of the City's Comprehensive Emergency Management Plan (CEMP), consistent with the requirements specified in Chapter 38.52 RCW..." In reviewing the current "Emergency Management Ordinance, which drives the CEMP, we found discrepancies between the two documents. The following list highlights the changes we made; Updated the "Purpose" (2.57.010) to reflect this change Changes in the definition section (2.57.020) were done to bring them in harmony with federal definitions. We gave clarifying wording to the Directors position, taking out words like control and direct, and replaced with words like oversee and coordinate. 2.57.030 "Emergency Powers of the Mayor This section was added to give clarity to the Mayors duties during an emergency. NOTE... this addition moved all section numbers down one... 2.57.040: Minor change to City Council Duties o Changed "give advice and consent" to "give input and consent o Eliminated #5 regarding mutual aid agreements, as it is covered in item #2 Changed throughout the document, the title of "Emergency Management Coordinator to Emergency Manager. 2.57.060 changed the structure to bullet formant. 2.57.070 Directors Powers and duties o A) We rewrote this section to allow flexibility in who serves in this position. This confirms the power of the Mayor to appoint, as it states in RCW 38.52.070(1). o Replaced words like "control" and "direct" to oversee and coordinate. 5 INFORMATIONAL MEMO Page 2 RECOMMENDATION The Council is being asked to consider this item at the July 11, 2011 Committee of the Whole meeting and subsequent July 18, 2011 Regular Meeting. ATTACHMENTS Proposed Ordinance Ordinance No. 2198 -FEMA Glossary WA2011 Info Memosl EmergencyMgmtOrdinfomemo20update .docx 6 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2198 AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 2.57, REENACTING TUKWILA MUNICIPAL CODE CHAPTER 2.57 "EMERGENCY MANAGEMENT," TO UPDATE DEFINITIONS AND REGULATIONS AND CLARIFY ROLES AND RESPONSIBILITIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila recognizes the importance of providing for the preparation, implementation and updating of emergency management plans to protect the health, safety and welfare of persons and property within the City in the event of an emergency; and WHEREAS, Tukwila Municipal Code (TMC) Section 2.57.070.6.1 calls for a review and update of the City's Comprehensive Emergency Management Plan for needed improvements or revisions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 2.57 Reenacted. TMC Chapter 2.57 is hereby reenacted to read as follows: CHAPTER 2.57 EMERGENCY MANAGEMENT Sections: 2.57.010 Purpose 2.57.020 Definitions 2.57.030 Emerqencv Powers of the Mavor 2.57.040 City Council Duties 2.57.050 Emergency Management Council Created— Membership 2.57.060 Emergency Management Council's Powers and Duties 2.57.070 Director's Powers and Duties 2.57.080 Emergency Manager W: Word Processing \Ordinances \Emergency Mgmt amended strike -thru 6 -17 -11 MG:bjs Page 1 of 11 7 2.57.090 Emergency Management Organization 2.57.100 Departments, Divisions, Services, and Staff 2.57.110 Mutual Aid Agreements 2.57.120 Punishment of Violations 2.57.130 No Private Liability 2.57.010 Purpose. ho- sn 9f th r n �r h i cap t Ce' r are r: the preparation anrt m, lement�^ vf ei"7"iergenGy laRIG, J inn m oGT pra�le exe ci 3, the funGtions E)f the City with all other publiG agenGies and affeGted private peFse n C everc4& n h II be deemed nonnlu t iyely to be for the rtirent proteGtion and benefit of the Rhabitants and preperty of the City. Recognizing the existing and future possibility of emerqencies in the Citv and surroundinq regions, the declared purposes of this chapter are: 1. to insure that preparations of the Citv will be adequate to deal with emergencies; 2. to protect the public peace, health and safetv and to preserve the lives and prop erty of the people of the Cityl 3. to provide for emerqencv manaqement of the Citv; 4. to confer upon the Mayor and others emerqencv powers and authority; and 5. to declare that all emerqencv manaqement functions of the Citv be coordinated to the maximum extent with other governmental entities, tribal nations, and private entities to provide the most effective preparation and use of Citv staff, resources and facilities to deal with anv emerqencv situation that may occur. 2.57.020 Definitions. As used in this chapter, these terms shall be defined as follows: 1. "Emergency" Any incident, whether natural or man -made. that requires responsive action to protect life and property. An emerqencv can also mean anv occasion or instance for which assistance is needed to supplement our local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in anv part of the Citv. W: Word Processing \Ordinances \Emergency Mgmt amended strike -thru 6 -17 -11 MG:bjs Page 2 of 11 2. "Emergency Management' raeaRS the preparatiOR for and the Ga o—_ we rc I4 f The preparation for and the carrvinq out of all emergencv functions to mitigate, prepare for. respond to, and recover from emergencies, and to aid victims sufferinq from iniury or damaqe resultinq from emerqencies caused by all hazards, whether natural. technoloaical or human caused, and to provide support for search and rescue operations for persons and property in distress. 7 castor" iRd des in its moaning b is not limited }n ov}raordinanr fire f storm ernG riet earthq ake eRemy a}}aG s.+ .hn }ono other emergenci �Tt07 e� GrllTl'� "0 Cc..� J�.wAViCig�QL7T�i r GTITGTgriITC iI �.J, al similar nubliG ralami }y 3. "Emergencv Worker" Anv person reqistered with the Citv's Emergencv Manaqement Orqanization under the provision of TMC Section 2.57.090, or anv member of the military, and who holds an identification issued by said organizations, for the purpose of enqaqinq in authorized emergencv management activities, or any employee of the Citv or any subdivision of the City who is called upon to perform emergencv manaqement activities. 4. "Hazardous Materials" Materials which. because of their chemical. vhvsical, or biological nature, pose a potential risk to life, health, environment, or property when released. 5. "Incident Command Svstem" (ICS) A standardized on -scene emeraencv manaqement construct specifically desiqned to provide an integrated orqanizational structure that reflects the complexity and demands of sinqle or multiple incidents, without beinq hindered by iurisdictional boundaries. ICS is the combination of facilities, equipment, personnel, procedures, and communications operatinq within a common orqanizational structure, desiqned to aid in the manaqement of resources durinq incidents. It is used for all kinds of emergencies and is applicable to small as well as large and complex incidents. ICS is used by various iurisdictions and functional agencies, both public and private, to organize field -level incident manaqement operations. 6. "Mitigation" ind des rich analysis e roriour and ideRtifina }inn of hazards beth natural and man made s and urrc( developmeRt of a J }hm g GORyen }ional methn v. Activities providing a critical foundation in the effort to reduce the loss of life and property from natural and/or manmade emergencies by avoidinq or lesseninq the impact of an emergencv and providing value to the public by creatinq safer communities. Mitigation seeks to fix the cvcle of damaqe as a result of an emergencv, reconstruction, and repeated damage. These activities or actions, in most cases, will have a Iona -term, sustained effect. W: Word Processing \Ordinances \Emergency Mgmt amended strike -thru 6 -17 -11 MG:bjs Page 3 of 11 9 3 a r t ion teem'. the `�Gt planniR test _2nd rie�fng Of inan It ind des r•oord nation e Go State and Federal agenG to insure Gehesive woFkiRg relat and GGrnpatihle emernenGy plans 7. "Preparedness" A continuous cycle of planninq, organizing, training, equippinq, exercising, evaluatinq, and takinq corrective action in an effort to ensure effective coordination durinq incident response. Within the National Incident Manaqement Svstem, preparedness focuses on the following elements: planning, procedures and protocols, traininq and exercises, personnel qualification and certification. and equipment certification. T Ce n vi n ��Q�J Je'rJ'rJ'e" �r �nit nee J an o�iont inGIU nn G OG QUl reGGGv dGGU neRtafi Of GGStS for futur reG.eyer L of n, and faGiiifat of dicactor Fed- eral State and !E)Gal assistance after d isasters 8. "Recovery" The development, coordination, and execution of service- and site restoration plans: the reconstitution of qovernment operations and services; individual, private- sector, nongovernmental, and public assistance programs to provide housinq and to promote restoration: lonq -term care and treatment of affected persons; additional measures for social, political, environmental, and economic restoration: evaluation of the incident to identify lessons learned: post- incident reporting; and development of initiatives to mitiqate the effects of future incidents. t di sasters, 5 ,R ;e penso f*ttl:G ini ti vv ing oteii l r o s te piT ns T!G[ initiation of actio n GT ey to e#ertiyely ant d �rinn a disaster damage assessment and evaluation, eeord ef Yf frCT STD fI�ITG', I �]rIT J 3os n 3 Ga f3 }G disaster 9. "Response" Activities that address the short-term, direct effects of an incident. Response includes immediate actions to save lives, protect property, and meet basic human needs. Response also includes the execution of emergencv operations plans and of mitiqation activities desiqned to limit the loss of life, personal iniurv, property damage, and other unfavorable outcomes. As indicated by the situation, response activities include applying intelligence and other information to lessen the effects or consequences of an incident; increased security operations; continuing investiqations into nature and source of the threat; onqoinq public health and agricultural surveillance and testinq processes; immunizations, isolation, or quarantine; and specific law enforcement operations aimed at preempting, interdictinq or disruptinq illeqal activity,, and apprehending actual perpetrators and brinqinq them to iustice. W: Word Processing \Ordinances \Emergency Mgmt amended strike -thru 6 -17 -11 MG:bjs Page 4 of 11 10 2.57.030 Emerqencv Powers of the Mavor. In the event of a proclamation of emerqencv as herein provided. or upon a proclamation of state of emergencv by the Governor. the Mavor is herebv empowered to: 1. Proclaim a State of Emergencv for the Citv when necessarv. 2. Make. and issue rules and requlations on all matters reasonably related to the protection of life or property as affected by such emerqencv; provided, however, that such rules and requlations must be confirmed at the earliest practicable time by the Citv Council. 3. Request that the Countv Executive or other chief executive or legislative officer of the countv request a proclamation of a state of emerqencv when, in the opinion of the Mavor, the resources of the area or region are inadequate to cope with the emerqencv. 4. Obtain vital supplies, equipment, and such other properties found lackinq and needed for the protection of life and propertv of the people and to bind the Citv of Tukwila for the fair value thereof. and, if required immediately, to commandeer the same for public use. 5. Waive and dispense with public biddinq requirements of RCW 35.23.352 on an emerqencv basis as necessarv. 6. Control and direct the efforts of the emerqencv manaqement orqanization of the Citv of Tukwila for the accomplishment of the purposes of this chapter. 7. Requisition necessary personnel or material of anv City department or agency. 8. Execute all the special powers conferred upon the Mavor by this chapter, by anv other statute, agreement, or lawful authoritv, as necessary. 9. Establish continuitv of qovernment and ensure proper succession of authority (TMC Section 2.04.070 (B). 2.57.040 City Council Duties. It shall be the duty of the City Council URder the ErnergeRGY Management Program consistent with the provisions set forth in TMC Section 2.57.060. to: 1. Give adviGe -input and consent to the Mayor regarding appointments made pursuant to TMC Section 2.57.049 050. W: Word Processing \Ordinances \Emergency Mgmt amended strike -thru 6 -17 -11 MG:bjs Page 5 of 11 11 2. Consider adoption of or ratifv emergency management mutual aid plans and agreements, and such ordinances, resolutions, rules and regulations as ,a-re necessary to implement such plans and agreements as are referred to them by the Emergency Management Council, pursuant to TMC 2.57.0-50 060, provided the same or parts thereof are not inconsistent with this chapter. 3. Approve or ratify, at the earliest praEtiGable- possible time after their issuance, rules and regulations Fs^sgt ably related to the protection of life, environment and property that are affected by a disaste T an emeraencv, such rules and regulations having been made and issued by the Emergency Management Director pursuant to TMC Section 2.57.000 070, provided the same or parts thereof are not inconsistent with this chapter. 4. Distribute, pursuant to resolution, the functions and duties of the City's Emergency Management Organization among the departments, divisions, services and special staff referred to in TMC Section 2.57.00 100. z AppFove mutu aid agreements r_ref reRGed in and pursuant t 2 5 7.100. 2.57.050 Emergency Management Council C -vT ated Membership. The Emergency Management Council is hereby Greated and shall consist of the following: 1. The Mayor, who shall be chairperson. 2. The Director of Emergency Management, who shall be vice chairperson. 3. All department heads of the Gity ef Tukwila, Geerdanater, and the City Administrator City Administrator, all Citv department heads and the Emergencv Manaqer. 4. Such City OffiGials emplovees and other citizens with technical expertise in related areas as may be appointed by the Mayor, with the adviGe -in ut and consent of the City Council. 2.57.060 Emergency Management Council's Powers and Duties. !t shall be the duty of the ErnergenGy MaRagemeRt GOURGil, and it is hefe4 empowered rev and re'G()Mme f9F C r. sun a dep t l�r i on ems gene Rag o 2 R agre eme nt s and s en Goo resek�tiGRG d r �,���c- la -afl fir` n and rai lationc a r OSCa to implement s Gh plans and agreemen +r. 7-14e EmergenGy Management GE)UnGil shall meet upon Gall of the GhahrpeFSOR OF, in the ...J c1. .-e- n'eE..J...> .J. f vice Ghairperson W: Word Processing \Ordinances \Emergency Mgmt amended strike -thru 6 -17 -11 MG:bjs Page 6 of 11 12 The Emerqencv Manaqement Council shall have the following powers and duties consistent with the purposes of this chapter: 1. Advise the Mavor and the Director of Emerqencv Manaqement in all matters pertaininq to Citv emerqencv management, and appoint such ad hoc committees, subcommittees and workinq qroups as are required to develop specific recommendations for the improvement of emerqencv manaqement practices. standards, policies or procedures. 2. Ensure the ,Mayor and Citv Council receive an annual assessment of Citvwide emerqencv preparedness, includinq but not limited to, specific progress on hazard mitiqation and reduction efforts, implementation of seismic safety improvements, reduction of flood hazards and coordination of hazardous materials planning and response activities. 3. Review administrative rules qoverninq Citv emerqencv manaqement Practices and recommend necessary revisions to the Director of Emerqencv Manaqement. 4. Meet reqularly, as called by the chairperson or, in his/her absence from the Citv or inabilitv to call such meetinq, the vice chairperson. 2.57.070 Director's Powers and Duties A The po s ition of D;rentnr of EmernenGy Managernent is hereby nreaterd T-he A. The Mayor, pursuant to RCW 38.52.070 (1), appoints the Director of Emerqencv Manaqement "Director In the absence of the Director, the Mavor shall appoint a temporary Director until the Director returns or a replacement is found. B. The Director eF hisih rJ ee-is her y owes �'e�- direGte shall have the followinq powers and duties consistent with the purposes of this chapter: 1. Responsible for the orqanization, administration, and operation of emergencv manaqement in the Citv, subject to the direction and control of the Maw 1. Prep Com p r ehens i ve E rner g en Gy Manag ement Plan fnr the city rna*nta*R pFef'GienGy an the use of the plaR; view and update the pian aRnLia needed nr revisions W: Word Processing \Ordinances \Emergency Mgmt amended strike -thru 6 -17 -11 MG:bjs Page 7 of 11 13 2. Oversee implementation of, and annual updates to. the Citv's Comprehensive Emerqencv Manaqement Plan "the Plan consistent with the requirements specified in Chapter 38.52 RCW. and coordinated with other state and countv plans and programs; ensure compliance with the National Incident Manaqement Svstem and ensure operation and maintenance of the Citv's Incident Command Svstem: coordinate with the Emergencv Manaqement Council to conduct at least one tabletop exercise annually and one full -scale exercise every, 3 to 5 vears to maintain vroficiencv in the use of the Plan. 23. GentFol and dffiFeGt the-Coordinate efforts of the Emergency Management Organization of the City for the accomplishment of the purposes of this chapter. 34. Coordinate efforts between departments, divisions, services, and staff of the Emergency Management Organization of the City, and to-resolve questions of authority and responsibility that may arise between them. 4 Represent the Emergency Management Organization of the City in all dealings with public or private agencies pertaining to emergency management and response to disasteFs emergencies. 5 Develop arm— evaluate— Coordinate the ongoing development and evaluation of emergency plans concerning the application of mitigation strategies and preparation, response, and recovery mechanisms, and include such in the City's emergency management activities with various Gity, GGunty, federal state ages, tribal, and local governments. non governmental organizations (NGOs), and the private sector; conduct and evaluate testing of emergency plans; and preside over and guide interdepartmental emergency management planning committees that may be created by the Emergency Management Council. 5 Make appeintments to the GmernenGy Management Ge Unnil 7. Make Coordinate development and presentation of rules and regulations to the Emerqencv Management Council that will assist in efforts to reasonably protect life, environment, and property and natu Fal rese Jrnec during an emergency. 8. Prepare for the Mayor's signature any proclamation of local emergency and, upon approval, transmit submit it to federal, state, regional, and local agencies, as required. This proclamation authorizes the City to take necessary measures to combat a disaste an emergencVi protect persons, environment and property and Raturai re souFG provide emergency assistance to victims of the ni ter emergency and exercise powers authorized in RCW 38.52.070. These include, but are not limited to, rationing; curfew; and waiver of requirements pertaining to budget law limitations, competitive bidding processes, publication of notices, provisions to the performance of public work, entering into contracts, incurring obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levvinq of W: Word Processing \Ordinances \Emergency Mgmt amended strike -thru 6 -17 -11 MG:bjs Page 8 of 11 14 taxes, and the appropriation and expenditure of public funds. Such proclamation must be sustained- confirmed and ratified by the City Council when raG as soon as is reasonably practical, and provided the purposes of anv such proclamation are consistent with the purposes of this chapter. 9. Upon theiF approval by the G GounGil, submit all plapi-c a. 9. As required by state law and upon approval by the Mavor and the Citv Council, submit all plans and proqrams for State review and certification. 10. Command Coordinate the services and equipment resources of a& nn-any E{#}z as rnnsidered no scM in light „f ho d isaster volunteers, provided that volunteers so GOnImandee directed shall be entitled during the period of such service to all privileges, benefits and immunities as are provided by state law and federal and state emergency management regulations for registered emergency workers. 11. Execute all the special powers conferred by this chapter or by resolution adopted pursuant thereto, and all powers conferred by statute, by agreement approved by the Emergency Management Council, or by any other lawful authority. 2.57.080 Emergency Management Coordinator Manager. The Emergency Management Geordinater Manaqer (EMI is a full -time position that reports to the Director of Emergency Management. As part of the position's responsibilities, the EM will ensure the Comprehensive Emergency Management Plan and its supporting procedures are reviewed and updated annually; an education and training program is developed and implemented in emergency management tasks for City employees, residents and businesses; and periodic training and field- exercises are conducted pursuant to TMC Section 2.57.070. 2.57.090 Emergency Management Organization. All officers and employees of the City, together with those citizens enrolled to aid them during a aisaster an emergencv, and all groups, organizations and persons who may, by agreement or operation of law, including persons pressed into service under the provisions of TMC Section 2.57.860 070 who shall be charged with duties incident to the protection of life, environment and property in the City during such disaster emergencv shall constitute the Emergency nreparednocc Management Organization of the City. 2.57.100 Departments, Divisions, Services, and Staff. The functions and duties of the City's Emergency Management Organization shall be distributed among such departments, divisions, services and special staff as the Director of Emergency Management shall direct. W: Word Processing \Ordinances \Emergency Mgmt amended strike -thru 6 -17 -11 MG:bjs Page 9 of 11 15 2.57.110 Mutual Aid Agreements. The Mayor shall have the power to sign, on behalf of the City and the Emergency Management Council, mutual aid agreements with other MURiGipaliti t GGYn and etheF governmental subdivisio entities, tribal nations and non governmental entities that have been approved by the City Council. All previous mutual aid agreements that have been signed by the Mayor are hereby confirmed and ratified, provided the same or parts thereof are not inconsistent with this chapter. 2.57.120 Punishment of Violations. It is a misdemeanor punishable as provided in TMC Section 1.08.010 for any person, during a disaster an emeraencv, to: 1. Willfully obstruct, hinder, or delay any member of the Emergency Management Organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter or in the performance of any duty imposed by virtue of this chapter. 2. Do any act forbidden by any lawful rules or regulations issued pursuant to this chapter. if the aGt is Of SUGh a Rature as to give er be likely te give assistaRGe to the enemy, or to enGourage or assist in theft of eF endanger property Of lRhabitants of the City, or to pFevent, hindeF er delay the defense or prc)teGt'GR 3. Wear, carry or display, without authority, any means of identification specified by the State Department of Emergency Management. 4. In any manner loot or carry off any items of value not belonging to the person charged during t he aft o f a disec ±or an emerqencv or its aftermath. 2.57.130 No Private Liability. No individual, firm, association, corporation or other party, or their successors in interest, or the aqents or emplovees of anv of them, owning, maintaining or controlling any building or premises, who voluntarily and without compensation grants to the City a license or privilege or otherwise permits the City to inspect, designate and use the whole or any part or parts of the building or premises for the purpose of sheltering persons dUFiRg an aGtual, irnpendiRg, FFIGGk or praGtiGe disaster, er their SUGGessers in inteFest, eF the agents or employees of any of them, shall be subjeGt to liability s c the purpose of seeking refuge theFein dUFiRg an aGtual, impending, FnOGk er praGtiGe- er e r test or der ed b y lawful _.a.uthority. propertv and/or animals durinq an actual or impendinq emergencv, or durinq full -scale exercise or anv other traininq event, shall be subiect to leqal liability for damaqe to propertv or iniury or death to any persons or animals while in or upon the buildinq or premises for the purposes expressed above. All legal liability for damage to property or injury or death to persons or animals caused by acts done, or attempted, under color of this chapter and a bona fide attempt to comply therewith, other than acts done in bad faith, gross W: Word Processing \Ordinances \Emergency Mgmt amended strike -thru 6 -17 -11 MG:bjs Page 10 of 11 16 negligence, or willful misconduct, shall be the obligation of the State of Washington. The City is immune from liability under this chapter to the fullest extent allowed by law. Section 2. Repealer. Ordinance No. 2198 is hereby repealed. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: W: Word Processing \Ordinances\Emergency Mgmt amended strike -thru 6 -17 -11 MG:bjs Page 11 of 11 17 18 ILA 1908 City of Tukwila Washington Ordinance No. 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE CHAPTER 2.57, "EMERGENCY MANAGEMENT," UPDATING THE REGULATIONS TO REFLECT THE ADDITION OF THE CITY'S EMERGENCY MANAGEMENT COORDINATOR POSITION, AND INTEGRATING THE USE OF THE INCIDENT COMMAND SYSTEM PER THE NATIONAL INCIDENT MANAGEMENT SYSTEM, REPEALING ORDINANCE NO. 2018; PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila recognizes the importance of providing for the preparation and implementation of emergency management plans, to ensure the health, safety and welfare of its citizens; and WHEREAS, RCW 38.52.070 requires the City to incorporate the use of the Incident Command System (ICS) per the National Incident Management System (NIMS); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. TMC 2.57 Amended. Tukwila Municipal Code Chapter 2.57, is hereby amended to read as follows: CHAPTER 2.57 EMERGENCY MANAGEMENT Sections: 2.57.010 Purpose 2.57.020 Definitions 2.57.030 City Council Duties 2.57.040 Emergency Management Council Created Membership 2.57.050 Emergency Management Council's Powers and Duties 2.57.060 Director's Powers and Duties 2.57.070 Emergency Management Coordinator 2.57.080 Emergency Management Organization 2.57.090 Departments, Divisions, Services and Staff 2.57.100 Mutual Aid Agreements 2.57.110 Punishment of Violations 2.57.120 No Private Liability 2.57.010 Purpose The declared purposes of this chapter are to provide for: the preparation and implementation of emergency plans, including mock or practice exercises; the emergency management and protection of persons and property within the City in the event of a disaster, and the coordination of the emergency and disaster response functions of the City with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with emergency management and disaster activities, including mutual aid activities and mock or practice exercises, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City. C:\Documents and Settings\All Users\Desktop\Kclly\MSDATA \Ordinances \Emcrgency Management.doc ]M:ksn 2114/2008 Page I of 5 19 2.57.020 Definitions As used in this chapter, these terms shall be defined as follows: 1. "Emergency Management" means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters. It includes preparation, mitigation, response and recovery from disasters. It does not include, nor does any provision of this chapter apply to, any condition relating to a labor controversy. 2. "Disaster" includes in its meaning, but is not limited to, extraordinary fire, flood, storm, epidemic, riot, earthquake, enemy attack, sabotage, other emergencies, or similar public calamity. 3. "Preparation" means the active planning, testing, and revising of operational procedures and policies to prepare for a disaster. It includes coordination with local, County, State and Federal agencies to insure cohesive working relationships and compatible emergency plans. 4. "Mitigation" includes risk analysis, review and identification of hazards both natural and man-made, development of strategies to minimize those hazards, and development of resources and capabilities to respond effectively to risks not controlled through conventional methods. 5. "Response" includes the initiation of warnings to potential disasters, initiation of actions necessary to effectively act during a disaster, damage assessment and evaluation, coordination of operations, logistics, and planning activities during a disaster, and documentation of actions taken during a disaster. 6. "Recovery" includes assessment of community needs after an event, prioritizing of actions for recovery, coordination of agencies during recovery, documentation of costs for future recovery of costs, and facilitation of disaster assistance offices in providing the community with efficient mechanisms to obtain Federal, State and local assistance after disasters. 2.57.030 City Council Duties It shall be the duty of the City Council under the Emergency Management Program to: 1. Give advice and consent to the Mayor regarding appointments made pursuant to TMC 2.57.040. 2. Consider adoption of emergency management mutual aid plans and agreements, and such ordinances, resolutions, rules and regulation as are necessary to implement such plans and agreements as are referred to them by the Emergency Management Council, pursuant to TMC 2.57.050. 3. Approve at the earliest practicable time after their issuance, rules and regulations reasonably related to the protection of life and property which are affected by a disaster, such rules and regulations having been made and issued by the Emergency Management Director pursuant to TMC 2.57.060. 4. Distribute pursuant to resolution the functions and duties of the City's emergency management organization among the divisions, services and special staff referred to in TMC 2.57.090, 5. Approve mutual aid agreements referenced in and pursuant to TMC 2.57.100. 2.57.040 Emergency Management Council Created Membership The Emergency Management Council is hereby created, and shall consist of the following: C:\Documents and Settings\A11 Users\Desktop\[ Ce11y\MSDATA \Ordinances\Emergency Management.doe JM:ksn 2/14/2008 Page 2 of 5 20 1. The Mayor, who shall be chairperson. 2. The Director of Emergency Management, who shall be Vice chairperson. 3. All department heads of the City of Tukwila, the Emergency Management Coordinator, and the City Administrator. 4. Such City officials and other citizens with technical expertise in related areas as may be appointed by the Mayor, with the advice and consent of the City Council. 2.57.050 Emergency Management Council's Powers and Duties It shall be the duty of the Emergency Management Council, and it is hereby empowered, to review and recommend for City Council adoption emergency management and mutual aid plans, and agreements and such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements. The Emergency Management Council shall meet upon call of the chairperson or, in the chairperson's absence from the City or inability to call such meeting, upon the call of the vice chairperson. 2.57.060 Director's Powers and Duties A. The position of Director of Emergency Management is hereby created. The Director of Public Works of the City of Tukwila shall serve in such position ex officio. B. The Director or his /her designee is hereby empowered and directed to: 1. Prepare a Comprehensive Emergency Management Plan for the City, conforming to the requirements specified in Chapter 38.52 RCW. To the greatest extent possible, the City plan shall be coordinated with the King County and the State Office of Emergency Management plans and programs; prepare and implement the National Incident Management System; direct staff to conduct at least one exercise annually to maintain proficiency in the use of the plan; and review and update the plan annually for needed improvements or revisions. 2. Control and direct the effort of the emergency management organization of the City for the accomplishment of the purposes of this chapter. 3. Direct coordination and cooperation between departments, divisions, services and staff of the emergency management organization of the City, and to resolve questions of authority and responsibility that may arise between them. 4. Represent the emergency management organization of the City in all dealings with public or private agencies pertaining to emergency management and response to disasters. 5. Develop and evaluate emergency plans concerning the application of mitigation strategies, preparation, response, and recovery mechanisms, and include such in the City's emergency management activities with various city, county, state, and federal agencies; conduct and evaluate testing of emergency plans; and preside over and guide interdepartmental emergency management planning committees that may be created by the Emergency Management Council. 6. Make appointments to the Emergency Management Council. 7. Make rules and regulations to reasonably protect life, property, and natural resources during an emergency. 8. Prepare for the Mayor's signature any proclamation of local emergency, and upon approval transmit it to federal, state, regional, and local agencies. This proclamation authorizes the City to take necessary measures to combat a disaster; protect persons, property, and natural resources; provide emergency assistance to victims of the disaster; and exercise powers authorized in RCW 38.52.070. These include but are not limited to rationing, curfew, budget law limitations, competitive C:\Documents and Settings\All Users \DesktopU CdIy\MSDATA \Ordinances\Emergency Managementdoe JM:ksn 2/14rz008 Page 3 of 5 21 bidding processes, publication of notices, provisions to the performance of public work, entering into contracts, incurring obligations, employment of temporary workers, rental of equipment, and purchase of supplies and materials. Such proclamation must be sustained by the City Council when practical. 9. Upon their approval by the City Council, submit all plans and programs, including the ordinance codified in this chapter, for State review and certification. 10. Command the service and equipment of as many citizens as considered necessary in light of the disaster; provided, that citizens so commandeered shall be entitled during the period of such service to all privileges, benefits and immunities as are provided by state law and federal and state emergency management regulations for registered emergency workers. 11. Execute all the special powers conferred by this chapter or by resolution adopted pursuant thereto, all powers conferred by statute, agreement approved by the emergency Management Council, or by any other lawful authority. 2.57.070 Emergency Management Coordinator The Emergency Management Coordinator (EMC) is a full -time position that reports to the Director of Emergency Management. As part of the position's responsibilities, the EMC will assure that the Comprehensive Emergency Management Plan and its supporting procedures are reviewed and updated annually; that an education and training program is developed and implemented in emergency management tasks for City employees, residents and businesses; and that periodic training and field exercises are conducted. 2.57.080 Emergency Management Organization All officers and employees of the City, together with those citizens enrolled to aid them during a disaster, and all groups, organizations and persons who may, by agreement or operation of law, including persons pressed into service under the provisions of TMC 2.57.060 who shall be charged with duties incident to the protection of life and property in the City during such disaster, shall constitute the emergency pre- paredness organization of the City. 2.57.090 Departments, Divisions, Services and Staff A. The functions and duties of the City emergency management organization shall be distributed among such departments, divisions, services and special staff as the Director of Emergency Management shall direct. 2.57.100 Mutual Aid Agreements The Mayor shall have the power to sign, on behalf of the City and the Emergency Management Council, mutual aid agreements with other municipalities, the County and other governmental subdivisions which have been approved by the City Council. All previous mutual aid agreements which have been signed by the Mayor are hereby confirmed and ratified, provided the same or parts thereof are not inconsistent with this chapter. 2.57.110 Punishment of Violations It is a misdemeanor punishable as provided in TMC 1.08.010 for any person, during a disaster, to: 1. Willfully obstruct, hinder or delay any member of the emergency management organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter or in the performance of any duty imposed by virtue of this chapter. 2. Do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if the act is of such a nature as to give or be likely to give assistance to the CADocuments and SettingsWl Users\ Desktop\ Kelly\MSDATA \Ordinances\Emergency Management.doc JM:ksn 2/14rz008 Page 4 of 5 22 enemy, or to encourage or assist in theft of or endanger property of inhabitants of the City, or to prevent, hinder or delay the defense or protection thereof. 3. Wear, carry or display, without authority, any means of identification specified by the State Department of Emergency Management. 4. In any manner Ioot or carry off any items of value during the aftermath of a disaster. 2.57.120 No Private Liability No individual, firm, association, corporation or other party, owning, maintaining or controlling any building or premises, who voluntarily and without compensation grants to the City a license or privilege or otherwise permits the City to inspect, designate and use the whole or any part or parts of the building or premises for the purpose of sheltering persons during an actual, impending, mock or practice disaster, or their successors in interest, or the agents or employees of any of them, shall be subject to liability for injuries sustained by any person while in or upon the building or premises for the purpose of seeking refuge therein during an actual, impending, mock or practice disaster or test ordered by lawful authority. All legal liability for damage to property or injury or death to persons caused by acts done, or attempted, under color of this chapter and a bona fide attempt to comply therewith, other than acts done in bad faith, gross negligence, or willful misconduct shall be the obligation of the State of Washington. The City is immune from liability under this chapter to the fullest extent allowed by law. Section 2. Repealer. Ordinance No. 2018 is hereby repealed. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 7�0-h ru cb' N 2008. ATTEST /AUTHENTICATED: Hagger ayor J E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED TO M BY: Passed by the City Cquncil: i Ct -Q Published: -V Effective Date: �3 1 f t l U8 O of the City orney Ordinance Number: 1 �1 C:\Documents and Settings\All Users\ Desktop\Kelly\MSDATA\Ordinances \Emergency Management.doc JM:ksn 2/14/2008 Page 5 of 5 23 24 FEM clj m4� GLOSSARY DEFINITIONS Accessible: Having the legally required features and/or qualities that ensure easy entrance, participation, and usability of places, programs, services, and activities by individuals with a wide variety of disabilities. Acquisition Procedures: A process used to obtain resources to support operational requirements. Agency: A division of government with a specific function offering a particular kind of assistance. In the Incident Command System, agencies are defined either as jurisdictional (having statutory responsibility for incident management) or as assisting or cooperating (providing resources or other assistance). Governmental organizations are most often in charge of an incident, though in certain circumstances private- sector organizations may be included. Additionally, nongovernmental organizations may be included to provide support. Agency Administrator /Executive: The official responsible for administering policy for an agency or jurisdiction. An Agency Administrator /Executive (or other public official with jurisdictional responsibility for the incident) usually makes the decision to establish an Area Command. Agency Dispatch: The agency or jurisdictional facility from which resources are sent to incidents. Agency Representative: A person assigned by a primary, assisting, or cooperating Federal, State, tribal, or local government agency, or nongovernmental or private organization, that has been delegated authority to make decisions affecting that agency's or organization's participation in incident management activities following appropriate consultation with the leadership of that agency. All- Hazards: Describing an incident, natural or manmade, that warrants action to protect life, property, environment, and public health or safety, and to minimize disruptions of government, social, or economic activities. Allocated Resource: Resource dispatched to an incident. Area Command: An organization established to oversee the management of multiple incidents that are each being handled by a separate Incident Command System organization or to oversee the management of a very large or evolving incident that has multiple Incident Management Teams engaged. An Agency Administrator /Executive or other public official with jurisdictional responsibility for the incident usually makes the decision to establish an Area Command. An Area Command is activated only if necessary, depending on the complexity of the incident and incident management span of- control considerations. 25 Assessment: The process of acquiring, collecting, processing, examining, analyzing, evaluating, monitoring, and interpreting the data, information, evidence, objects, measurements, images, sound, etc., whether tangible or intangible, to provide a basis for decision making. Assigned Resource: Resource checked in and assigned work tasks on an incident. Assignment: Task given to a personnel resource to perform within a given operational period that is based on operational objectives defined in the Incident Action Plan. Assistant: Title for subordinates of principal Command Staff positions. The title indicates a level of technical capability, qualifications, and responsibility subordinate to the primary positions. Assistants may also be assigned to Unit Leaders. Assisting Agency: An agency or organization providing personnel, services, or other resources to the agency with direct responsibility for incident management. See Supporting Agency. Available Resource: Resource assigned to an incident, checked in, and available for a mission assignment, normally located in a Staging Area. Badging: The assignment of physical incident specific credentials to establish legitimacy and limit access to various incident sites. Branch: The organizational level having functional or geographical responsibility for major aspects of incident operations. A Branch is organizationally situated between the Section Chief and the Division or Group in the Operations Section, and between the Section and Units in the Logistics Section. Branches are identified by the use of Roman numerals or by functional area. Cache: A predetermined complement of tools, equipment, and/or supplies stored in a designated location, available for incident use. Camp: A geographical site within the general incident area (separate from the Incident Base) that is equipped and staffed to provide sleeping, food, water, and sanitary services to incident personnel. Categorizing Resources: The process of organizing resources by category, kind, and type, including size, capacity, capability, skill, and other characteristics. This makes the resource ordering and dispatch process within and across organizations and agencies, and between governmental and nongovernmental entities, more efficient, and ensures that the resources received are appropriate to their needs. Certifying Personnel: The process of authoritatively attesting that individuals meet professional standards for the training, experience, and performance required for key incident management functions. 26 Chain of Command: The orderly line of authority within the ranks of the incident management organization. Check -In: The process through which resources first report to an incident. All responders, regardless of agency affiliation, must report in to receive an assignment in accordance with the procedures established by the Incident Commander. Chief: The Incident Command System title for individuals responsible for management of functional Sections: Operations, Planning, Logistics, Finance /Administration, and Intelligence /Investigations (if established as a separate Section). Command: The act of directing, ordering, or controlling by virtue of explicit statutory, regulatory, or delegated authority. Command Staff: The staff who report directly to the Incident Commander, including the Public Information Officer, Safety Officer, Liaison Officer, and other positions as required. They may have an assistant or assistants, as needed. Common Operating Picture: An overview of an incident by all relevant parties that provides incident information enabling the Incident Commander/Unified Command and any supporting agencies and organizations to make effective, consistent, and timely decisions. Common Terminology: Normally used words and phrases- avoiding the use of different words /phrases for same concepts -to ensure consistency and to allow diverse incident management and support organizations to work together across a wide variety of incident management functions and hazard scenarios. Communications: The process of transmission of information through verbal, written, or symbolic means. Communications /Dispatch Center: Agency or interagency dispatch centers, 911 call centers, emergency control or command dispatch centers, or any naming convention given to the facility and staff that handles emergency calls from the public and communication with emergency management /response personnel. The center can serve as a primary coordination and support element of the Multiagency Coordination System(s) (MACS) for an incident until other elements of the MACS are formally established. Complex: Two or more individual incidents located in the same general area and assigned to a single Incident Commander or to Unified Command. Comprehensive Preparedness Guide 101: A guide designed to assist jurisdictions with developing operations plans. It promotes a common understanding of the fundamentals of planning and decision making to help emergency planners examine a hazard and produce integrated, coordinated, and synchronized plans. Continuity of Government: A coordinated effort within the Federal Government's executive branch to ensure that National Essential Functions continue to be performed during a catastrophic emergency (as defined in National Security Presidential Directive 27 51 /Homeland Security Presidential Directive 20). Continuity of Operations: An effort within individual organizations to ensure that Primary Mission Essential Functions continue to be performed during a wide range of emergencies. Cooperating Agency: An agency supplying assistance other than direct operational or support functions or resources to the incident management effort. Coordinate: To advance an analysis and exchange of information systematically among principals who have or may have a need to know certain information to carry out specific incident management responsibilities. Corrective Actions: The implementation of procedures that are based on lessons learned from actual incidents or from training and exercises. Credentialing: The authentication and verification of the certification and identity of designated incident managers and emergency responders. Critical Infrastructure: Assets, systems, and networks, whether physical or virtual, so vital to the United States that the incapacitation or destruction of such assets, systems, or networks would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters. Delegation of Authority: A statement provided to the Incident Commander by the Agency Executive delegating authority and assigning responsibility. The delegation of authority can include objectives, priorities, expectations, constraints, and other considerations or guidelines, as needed. Many agencies require written delegation of authority to be given to the Incident Commander prior to assuming command on larger incidents. (Also known as Letter of Expectation.) Demobilization: The orderly, safe, and efficient return of an incident resource to its original location and status. Department Operations Center (DOC): An Emergency Operations Center (EOC) specific to a single department or agency. The focus of a DOC is on internal agency incident management and response. DOCs are often linked to and, in most cases, are physically represented in a combined agency EOC by authorized agent(s) for the department or agency. Deputy: A fully qualified individual who, in the absence of a superior, can be delegated the authority to manage a functional operation or to perform a specific task. In some cases a deputy can act as relief for a superior, and therefore must be fully qualified in the position. Deputies generally can be assigned to the Incident Commander, General Staff, and Branch Directors. Director: The Incident Command System title for individuals responsible for supervision of a Branch. 28 Dispatch: The ordered movement of a resource or resources to an assigned operational mission, or an administrative move from one location to another. Division: The organizational level having responsibility for operations within a defined geographic area. Divisions are established when the number of resources exceeds the manageable span of control of the Section Chief. See Group. Emergency: Any incident, whether natural or manmade, that requires responsive action to protect life or property. Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, an emergency means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. Emergency Management Assistance Compact (EMAC): A congressionally ratified organization that provides form and structure to interstate mutual aid. Through EMAC, a disaster affected State can request and receive assistance from other member States quickly and efficiently, resolving two key issues up front: liability and reimbursement. Emergency Management /Response Personnel: Includes Federal, State, territorial, tribal, substate regional, and local governments, NGOs, private sector organizations, critical infrastructure owners and operators, and all other organizations and individuals who assume an emergency management role. (Also known as emergency responder.) Emergency Operations Center (EOC): The physical location at which the coordination of information and resources to support incident management (on -scene operations) activities normally takes place. An EOC may be a temporary facility or may be located in a more central or permanently established facility, perhaps at a higher level of organization within a jurisdiction. EOCs may be organized by major functional disciplines (e.g., fire, law enforcement, medical services), by jurisdiction (e.g., Federal, State, regional, tribal, city, county), or by some combination thereof. Emergency Operations Plan: An ongoing plan for responding to a wide variety of potential hazards. Emergency Public Information: Information that is disseminated primarily in anticipation of or during an emergency. In addition to providing situational information to the public, it frequently provides directive actions required to be taken by the general public. Evacuation: The organized, phased, and supervised withdrawal, dispersal, or removal of civilians from dangerous or potentially dangerous areas, and their reception and care in safe areas. Event: See Planned Event. 29 Federal: Of or pertaining to the Federal Government of the United States of America. Field Operations Guide: Durable pocket or desk guides that contain essential information required to perform specific assignments or functions. Finance /Administration Section: The Incident Command System Section responsible for all administrative and financial considerations surrounding an incident. Function: The five major activities in the Incident Command System: Command, Operations, Planning, Logistics, and Finance /Administration. A sixth function, Intelligence /Investigations, may be established, if required, to meet incident management needs. The term function is also used when describing the activity involved (e.g., the planning function). General Staff: A group of incident management personnel organized according to function and reporting to the Incident Commander. The General Staff normally consists of the Operations Section Chief, Planning Section Chief, Logistics Section Chief, and Finance /Administration Section Chief. An Intelligence /Investigations Chief may be established, if required, to meet incident management needs. Group: An organizational subdivision established to divide the incident management structure into functional areas of operation. Groups are composed of resources assembled to perform a special function not necessarily within a single geographic division. See Division. Hazard: Something that is potentially dangerous or harmful, often the root cause of an unwanted outcome. Incident: An occurrence, natural or manmade, that requires a response to protect life or property. Incidents can, for example, include major disasters, emergencies, terrorist attacks, terrorist threats, civil unrest, wildland and urban fires, floods, hazardous materials spills, nuclear accidents, aircraft accidents, earthquakes, hurricanes, tornadoes, tropical storms, tsunamis, war related disasters, public health and medical emergencies, and other occurrences requiring an emergency response. Incident Action Plan: An oral or written plan containing general objectives reflecting the overall strategy for managing an incident. It may include the identification of operational resources and assignments. It may also include attachments that provide direction and important information for management of the incident during one or more operational periods. Incident Base: The location at which primary Logistics functions for an incident are coordinated and administered. There is only one Base per incident. (Incident name or 30 other designator will be added to the term Base.) The Incident Command Post may be co- located with the Incident Base. Incident Command: The Incident Command System organizational element responsible for overall management of the incident and consisting of the Incident Commander (either single or unified command structure) and any assigned supporting staff. Incident Commander (IC): The individual responsible for all incident activities, including the development of strategies and tactics and the ordering and release of resources. The IC has overall authority and responsibility for conducting incident operations and is responsible for the management of all incident operations at the incident site. Incident Command Post (ICP): The field location where the primary functions are performed. The ICP may be co- located with the Incident Base or other incident facilities. Incident Command System (ICS): A standardized on -scene emergency management construct specifically designed to provide an integrated organizational structure that reflects the complexity and demands of single or multiple incidents, without being hindered by jurisdictional boundaries. ICS is the combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure, designed to aid in the management of resources during incidents. It is used for all kinds of emergencies and is applicable to small as well as large and complex incidents. ICS is used by various jurisdictions and functional agencies, both public and private, to organize field -level incident management operations. Incident Management: The broad spectrum of activities and organizations providing effective and efficient operations, coordination, and support applied at all levels of government, utilizing both governmental and nongovernmental resources to plan for, respond to, and recover from an incident, regardless of cause, size, or complexity. Incident Management Team (IMT): An Incident Commander and the appropriate Command and General Staff personnel assigned to an incident. The level of training and experience of the IMT members, coupled with the identified formal response requirements and responsibilities of the IMT, are factors in determining "type," or level, of IMT. Incident Objectives: Statements of guidance and direction needed to select appropriate strategy(s) and the tactical direction of resources. Incident objectives are based on realistic expectations of what can be accomplished when all allocated resources have been effectively deployed. Incident objectives must be achievable and measurable, yet flexible enough to allow strategic and tactical alternatives. Information Management: The collection, organization, and control over the structure, processing, and delivery of information from one or more sources and distribution to one or more audiences who have a stake in that information. Integrated Planning System: A system designed to provide common processes for developing and integrating plans for the Federal Government to establish a 31 comprehensive approach to national planning in accordance with the Homeland Security Management System as outlined in the National Strategy for Homeland Security. Intelligence /Investigations: An organizational subset within ICS. Intelligence gathered within the Intelligence /Investigations function is information that either leads to the detection, prevention, apprehension, and prosecution of criminal activities -or the individual(s) involved including terrorist incidents or information that leads to determination of the cause of a given incident (regardless of the source) such as public health events or fires with unknown origins. This is different from the normal operational and situational intelligence gathered and reported by the Planning Section. Interoperability: Ability of systems, personnel, and equipment to provide and receive functionality, data, information and /or services to and from other systems, personnel, and equipment, between both public and private agencies, departments, and other organizations, in a manner enabling them to operate effectively together. Allows emergency management /response personnel and their affiliated organizations to communicate within and across agencies and jurisdictions via voice, data, or video -on- demand, in real time, when needed, and when authorized. Job Aid: Checklist or other visual aid intended to ensure that specific steps of completing a task or assignment are accomplished. Joint Field Office (JFO): The primary Federal incident management field structure. The JFO is a temporary Federal facility that provides a central location for the coordination of Federal, State, tribal, and local governments and private- sector and nongovernmental organizations with primary responsibility for response and recovery. The JFO structure is organized, staffed, and managed in a manner consistent with National Incident Management System principles. Although the JFO uses an Incident Command System structure, the JFO does not manage on -scene operations. Instead, the JFO focuses on providing support to on -scene efforts and conducting broader support operations that may extend beyond the incident site. Joint Information Center (JIC): A facility established to coordinate all incident related public information activities. It is the central point of contact for all news media. Public information officials from all participating agencies should co- locate at the JIC. Joint Information System (JIS): A structure that integrates incident information and public affairs into a cohesive organization designed to provide consistent, coordinated, accurate, accessible, timely, and complete information during crisis or incident operations. The mission of the JIS is to provide a structure and system for developing and delivering coordinated interagency messages; developing, recommending, and executing public information plans and strategies on behalf of the Incident Commander (IC); advising the IC concerning public affairs issues that could affect a response effort; and controlling rumors and inaccurate information that could undermine public confidence in the emergency response effort. 32 Jurisdiction: A range or sphere of authority. Public agencies have jurisdiction at an incident related to their legal responsibilities and authority. Jurisdictional authority at an incident can be political or geographical (e.g., Federal, State, tribal, local boundary lines) or functional (e.g., law enforcement, public health). Jurisdictional Agency: The agency having jurisdiction and responsibility for a specific geographical area, or a mandated function. Key Resource: Any publicly or privately controlled resource essential to the minimal operations of the economy and government. Letter of Expectation: See Delegation of Authority. Liaison: A form of communication for establishing and maintaining mutual understanding and cooperation. Liaison Officer: A member of the Command Staff responsible for coordinating with representatives from cooperating and assisting agencies or organizations. Local Government: Public entities responsible for the security and welfare of a designated area as established by law. A county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government; an Indian tribe or authorized tribal entity, or in Alaska a Native Village or Alaska Regional Native Corporation; a rural community, unincorporated town or village, or other public entity. See Section 2 (10), Homeland Security Act of 2002, Pub. L. 107 -296, 116 Stat. 2135 (2002). Logistics: The process and procedure for providing resources and other services to support incident management. Logistics Section: The Incident Command System Section responsible for providing facilities, services, and material support for the incident. Management by Objectives: A management approach that involves a five -step process for achieving the incident goal. The Management by Objectives approach includes the following: establishing overarching incident objectives; developing strategies based on overarching incident objectives; developing and issuing assignments, plans, procedures, and protocols; establishing specific, measurable tactics or tasks for various incident management functional activities and directing efforts to attain them, in support of defined strategies; and documenting results to measure performance and facilitate corrective action. 33 Manager: Individual within an Incident Command System organizational unit who is assigned specific managerial responsibilities (e.g., Staging Area Manager or Camp Manager). Mitigation: Activities providing a critical foundation in the effort to reduce the loss of life and property from natural and /or manmade disasters by avoiding or lessening the impact of a disaster and providing value to the public by creating safer communities. Mitigation seeks to fix the cycle of disaster damage, reconstruction, and repeated damage. These activities or actions, in most cases, will have a long -term sustained effect. Mobilization: The process and procedures used by all organizations Federal, State, tribal, and local -for activating, assembling, and transporting all resources that have been requested to respond to or support an incident. Mobilization Guide: Reference document used by organizations outlining agreements, processes, and procedures used by all participating agencies /organizations for activating, assembling, and transporting resources. Multiagency Coordination (MAC) Group: A group of administrators or executives, or their appointed representatives, who are typically authorized to commit agency resources and funds. A MAC Group can provide coordinated decision making and resource allocation among cooperating agencies, and may establish the priorities among incidents, harmonize agency policies, and provide strategic guidance and direction to support incident management activities. MAC Groups may also be known as multiagency committees, emergency management committees, or as otherwise defined by the Multiagency Coordination System. Multiagency Coordination System (MACS): A system that provides the architecture to support coordination for incident prioritization, critical resource allocation, communications systems integration, and information coordination. MACS assist agencies and organizations responding to an incident. The elements of a MACS include facilities, equipment, personnel, procedures, and communications. Two of the most commonly used elements are Emergency Operations Centers and MAC Groups. Multijurisdictional Incident: An incident requiring action from multiple agencies that each have jurisdiction to manage certain aspects of an incident. In the Incident Command System, these incidents will be managed under Unified Command. Mutual Aid Agreement or Assistance Agreement: Written or oral agreement between and among agencies /organizations and/or jurisdictions that provides a mechanism to quickly obtain emergency assistance in the form of personnel, equipment, materials, and other associated services. The primary objective is to facilitate rapid, short-term deployment of emergency support prior to, during, and/or after an incident. National: Of a nationwide character, including the Federal, State, tribal, and local 34 aspects of governance and policy. National Essential Functions: A subset of government functions that are necessary to lead and sustain the Nation during a catastrophic emergency and that, therefore, must be supported through continuity of operations and continuity of government capabilities. National Incident Management System: A set of principles that provides a systematic, proactive approach guiding government agencies at all levels, nongovernmental organizations, and the private sector to work seamlessly to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity, in order to reduce the loss of life or property and harm to the environment. National Response Framework: A guide to how the Nation conducts all- hazards response. Nongovernmental Organization (NGO): An entity with an association that is based on interests of its members, individuals, or institutions. It is not created by a government, but it may work cooperatively with government. Such organizations serve a public purpose, not a private benefit. Examples of NGOs include faith -based charity organizations and the American Red Cross. NGOs, including voluntary and faith -based groups, provide relief services to sustain life, reduce physical and emotional distress, and promote the recovery of disaster victims. Often these groups provide specialized services that help individuals with disabilities. NGOs and voluntary organizations play a major role in assisting emergency managers before, during, and after an emergency. Officer: The Incident Command System title for a person responsible for one of the Command Staff positions of Safety, Liaison, and Public Information. Operational Period: The time scheduled for executing a given set of operation actions, as specified in the Incident Action Plan. Operational periods can be of various lengths, although usually they last 12 to 24 hours. Operations Section: The Incident Command System (ICS) Section responsible for all tactical incident operations and implementation of the Incident Action Plan. In ICS, the Operations Section normally includes subordinate Branches, Divisions, and/or Groups. Organization: Any association or group of persons with like objectives. Examples include, but are not limited to, governmental departments and agencies, nongovernmental organizations, and the private sector. Personal Responsibility: The obligation to be accountable for one's actions. Personnel Accountability: The ability to account for the location and welfare of incident personnel. It is accomplished when supervisors ensure that Incident Command System principles and processes are functional and that personnel are working within 35 established incident management guidelines. Plain Language: Communication that can be understood by the intended audience and meets the purpose of the communicator. For the purpose of the National Incident Management System, plain language is designed to eliminate or limit the use of codes and acronyms, as appropriate, during incident response involving more than a single agency. Planned Event: A scheduled nonemergency activity (e.g., sporting event, concert, parade, etc.). Planning Meeting: A meeting held as needed before and throughout the duration of an incident to select specific strategies and tactics for incident control operations and for service and support planning. For larger incidents, the Planning Meeting is a major element in the development of the Incident Action Plan. Planning Section: The Incident Command System Section responsible for the collection, evaluation, and dissemination of operational information related to the incident, and for the preparation and documentation of the Incident Action Plan. This Section also maintains information on the current and forecasted situation and on the status of resources assigned to the incident. Portability: An approach that facilitates the interaction of systems that are normally distinct. Portability of radio technologies, protocols, and frequencies among emergency management /response personnel will allow for the successful and efficient integration, transport, and deployment of communications systems when necessary. Portability includes the standardized assignment of radio channels across jurisdictions, which allows responders to participate in an incident outside their jurisdiction and still use familiar equipment. Pre Positioned Resource: A resource moved to an area near the expected incident site in response to anticipated resource needs. Preparedness: A continuous cycle of planning, organizing, training, equipping, exercising, evaluating, and taking corrective action in an effort to ensure effective coordination during incident response. Within the National Incident Management System, preparedness focuses on the following elements: planning; procedures and protocols; training and exercises; personnel qualification and certification; and equipment certification. Preparedness Organization: An organization that provides coordination for emergency management and incident response activities before a potential incident. These organizations range from groups of individuals to small committees to large standing organizations that represent a wide variety of committees, planning groups, and other organizations (e.g., Citizen Corps, Local Emergency Planning Committees, Critical Infrastructure Sector Coordinating Councils). Prevention: Actions to avoid an incident or to intervene to stop an incident from occurring. Prevention involves actions to protect lives and property. It involves applying intelligence and other information to a range of activities that may include such countermeasures as deterrence operations; heightened inspections; improved 36 surveillance and security operations; investigations to determine the full nature and source of the threat; public health and agricultural surveillance and testing processes; immunizations, isolation, or quarantine; and, as appropriate, specific law enforcement operations aimed at deterring, preempting, interdicting, or disrupting illegal activity and apprehending potential perpetrators and bringing them to justice. Primary Mission Essential Functions: Government functions that must be performed in order to support or implement the performance of National Essential Functions before, during, and in the aftermath of an emergency. Private Sector: Organizations and individuals that are not part of any governmental structure. The private sector includes for profit and not for profit organizations, formal and informal structures, commerce, and industry. Protocol: A set of established guidelines for actions (which may be designated by individuals, teams, functions, or capabilities) under various specified conditions. Public Information: Processes, procedures, and systems for communicating timely, accurate, and accessible information on an incident's cause, size, and current situation; resources committed; and other matters of general interest to the public, responders, and additional stakeholders (both directly affected and indirectly affected). Public Information Officer: A member of the Command Staff responsible for interfacing with the public and media and/or with other agencies with incident related information requirements. Publications Management: Subsystem that manages the development, publication control, publication supply, and distribution of National Incident Management System materials. Recovery: The development, coordination, and execution of service- and site restoration plans; the reconstitution of government operations and services; individual, private- sector, nongovernmental, and public assistance programs to provide housing and to promote restoration; long -term care and treatment of affected persons; additional measures for social, political, environmental, and economic restoration; evaluation of the incident to identify lessons learned; post incident reporting; and development of initiatives to mitigate the effects of future incidents. Recovery Plan: A plan developed to restore an affected area or community. Reimbursement: A mechanism to recoup funds expended for incident specific activities. Resource Management: A system for identifying available resources at all jurisdictional levels to enable timely, efficient, and unimpeded access to resources needed to prepare for, respond to, or recover from an incident. Resource management under the National Incident Management System includes mutual aid agreements and assistance agreements; the use of special Federal, State, tribal, and local teams; and 37 resource mobilization protocols. Resource Tracking: A standardized, integrated process conducted prior to, during, and after an incident by all emergency management /response personnel and their associated organizations. Resources: Personnel and major items of equipment, supplies, and facilities available or potentially available for assignment to incident operations and for which status is maintained. Resources are described by kind and type and may be used in operational support or supervisory capacities at an incident or at an Emergency Operations Center. Response: Activities that address the short-term, direct effects of an incident. Response includes immediate actions to save lives, protect property, and meet basic human needs. Response also includes the execution of emergency operations plans and of mitigation activities designed to limit the loss of life, personal injury, property damage, and other unfavorable outcomes. As indicated by the situation, response activities include applying intelligence and other information to lessen the effects or consequences of an incident; increased security operations; continuing investigations into nature and source of the threat; ongoing public health and agricultural surveillance and testing processes; immunizations, isolation, or quarantine; and specific law enforcement operations aimed at preempting, interdicting, or disrupting illegal activity, and apprehending actual perpetrators and bringing them to justice. Retrograde: To return resources back to their original location. Safety Officer: A member of the Command Staff responsible for monitoring incident operations and advising the Incident Commander on all matters relating to operational safety, including the health and safety of emergency responder personnel. Section: The Incident Command System organizational level having responsibility for a major functional area of incident management (e.g., Operations, Planning, Logistics, Finance /Administration, and Intelligence /Investigations (if established). The Section is organizationally situated between the Branch and the Incident Command. Single Resource: An individual, a piece of equipment and its personnel complement, or a crew /team of individuals with an identified work supervisor that can be used on an incident. Situation Report: Confirmed or verified information regarding the specific details relating to an incident. Span of Control: The number of resources for which a supervisor is responsible, usually expressed as the ratio of supervisors to individuals. (Under the National Incident Management System, an appropriate span of control is between 1:3 and 1:7, with optimal being 1:5, or between 1:8 and 1:10 for many large -scale law enforcement operations.) 38 Special Needs Population: A population whose members may have additional needs before, during, and after an incident in functional areas, including but not limited to: maintaining independence, communication, transportation, supervision, and medical care. Individuals in need of additional response assistance may include those who have disabilities; who live in institutionalized settings; who are elderly; who are children; who are from diverse cultures, who have limited English proficiency, or who are non- English- speaking; or who are transportation disadvantaged. Staging Area: Temporary location for available resources. A Staging Area can be any location in which personnel, supplies, and equipment can be temporarily housed or parked while awaiting operational assignment. Standard Operating Guidelines: A set of instructions having the force of a directive, covering those features of operations which lend themselves to a definite or standardized procedure without loss of effectiveness. Standard Operating Procedure: A complete reference document or an operations manual that provides the purpose, authorities, duration, and details for the preferred method of performing a single function or a number of interrelated functions in a uniform manner. State: When capitalized, refers to any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States. See Section 2 (14), Homeland Security Act of 2002, Pub. L. 107 -296, 116 Stat. 2135 (2002). Status Report: Information specifically related to the status of resources (e.g., the availability or assignment of resources). Strategy: The general plan or direction selected to accomplish incident objectives. Strike Team: A set number of resources of the same kind and type that have an established minimum number of personnel, common communications, and a leader. Substate Region: A grouping of jurisdictions, counties, and /or localities within a State brought together for specified purposes (e.g., homeland security, education, public health), usually containing a governance structure. Supervisor: The Incident Command System title for an individual responsible for a Division or Group. Supporting Agency: An agency that provides support and /or resource assistance to another agency. See Assisting Agency. Supporting Technology: Any technology that may be used to support the National Incident Management System, such as orthophoto mapping, remote automatic weather stations, infrared technology, or communications. System: Any combination of facilities, equipment, personnel, processes, procedures, 39 and communications integrated for a specific purpose. Tactics: The deployment and directing of resources on an incident to accomplish the objectives designated by strategy. Task Force: Any combination of resources assembled to support a specific mission or operational need. All resource elements within a Task Force must have common communications and a designated leader. Technical Specialist: Person with special skills that can be used anywhere within the Incident Command System organization. No minimum qualifications are prescribed, as technical specialists normally perform the same duties during an incident that they perform in their everyday jobs, and they are typically certified in their fields or professions. Technology Standards: Conditions, guidelines, or characteristics that may be required to facilitate the interoperability and compatibility of major systems across jurisdictional, geographic, and functional lines. Technology Support: Assistance that facilitates incident operations and sustains the research and development programs that underpin the long -term investment in the Nation's future incident management capabilities. Terrorism: As defined in the Homeland Security Act of 2002, activity that involves an act that is dangerous to human life or potentially destructive of critical infrastructure or key resources; is a violation of the criminal laws of the United States or of any State or other subdivision of the United States; and appears to be intended to intimidate or coerce a civilian population, to influence the policy of a government by intimidation or coercion, or to affect the conduct of a government by mass destruction, assassination, or kidnapping. Threat: Natural or manmade occurrence, individual, entity, or action that has or indicates the potential to harm life, information, operations, the environment, and/or property. Tools: Those instruments and capabilities that allow for the professional performance of tasks, such as information systems, agreements, doctrine, capabilities, and legislative authorities. Tribal: Referring to any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native Village as defined in or established pursuant to the Alaskan Native Claims Settlement Act (85 Stat. 688) [43 U.S.C.A. and 1601 et seq.], that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. Type: An Incident Command System resource classification that refers to capability. Type 1 is generally considered to be more capable than Types 2, 3, or 4, respectively, because of size, power, capacity, or (in the case of Incident Management Teams) 40 experience and qualifications. Unified Approach: The integration of resource management, communications and information management, and command and management in order to form an effective system. Unified Area Command: Version of command established when incidents under an Area Command are multijurisdictional. See Area Command. Unified Command (UC): An Incident Command System application used when more than one agency has incident jurisdiction or when incidents cross political jurisdictions. Agencies work together through the designated members of the UC, often the senior persons from agencies and/or disciplines participating in the UC, to establish a common set of objectives and strategies and a single Incident Action Plan. Unit: The organizational element with functional responsibility for a specific incident planning, logistics, or finance /administration activity. Unit Leader: The individual in charge of managing Units within an Incident Command System (ICS) functional Section. The Unit can be staffed by a number of support personnel providing a wide range of services. Some of the support positions are pre established within ICS (e.g., Base /Camp Manager), but many others will be assigned as technical specialists. Unity of Command: An Incident Command System principle stating that each individual involved in incident operations will be assigned to only one supervisor. Vital Records: The essential agency records that are needed to meet operational responsibilities under national security emergencies or other emergency or disaster conditions (emergency operating records), or to protect the legal and financial rights of the government and those affected by government activities (legal and financial rights records). Volunteer: For purposes of the National Incident Management System, any individual accepted to perform services by the lead agency (which has authority to accept volunteer services) when the individual performs services without promise, expectation, or receipt of compensation for services performed. See 16 U.S.C. 742f(c) and 29 CFR 553.10 41 42 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Nick Olivas, Fire Chief DATE: June 29, 2011 SUBJECT: Ordinance accepting the donation of a 1997 Ford Expedition ISSUE Valley Regional Fire Authority would like to donate a 1997 Ford Expedition to the Tukwila Fire Explorer Post. BACKGROUND The Tukwila Fire Explorer post has been in existence since the early 1980's serving the fire department and greater Tukwila community since their inception. Over the last several years, they have developed a close working relationship with the SeaTac Explorer group, due in part to our department hosting summer school for the Occupational Skills Center Fire Program. As part of this close working relationship the two posts have merged and are called Zone III explorers. Fires and other long term incidents require that a rehab area be set up for emergency personnel. Rehab can be as simple as sitting and resting, but in most incidents it involves keeping track of vital signs, providing beverages for hydration and even providing snacks or more substantial meals. Explorers are utilized along with the medics to set up rehab as needed. In addition, it is common for the explorers to help firefighters pick up and reload hose and generally get their apparatus back in service quicker. The Rehab Unit is called if there is a fire in Zone III. Prior to the explorers responding, one of the explorer advisors responds to the scene to determine whether or not the explorers are actually needed. If they are needed, they are paged out and respond to their home station to be transported. DISCUSSION We currently utilize a 1992 Ford Econoline Van for the explorers. This vehicle will carry up to 7 passengers and has the back cargo area stuffed with supplies. Unfortunately, we are unable to carry everything we need in this vehicle. For example, we have a rehab tent that we purchased a few years ago to be in compliance with the Washington Administrative Code (WAC) to provide shelter for responders from the elements while they are in rehab. The piece of equipment should be carried in the Econoline but there isn't enough space available at this time. If the donated vehicle is accepted, we will remove at least one seat in the van in order to store more supplies including the rehab tent. The Expedition will be used primarily to transport explorers to meetings and events they participate in. In addition, it will be used on a limited 43 INFORMATIONAL MEMO Page 2 basis by the Tukwila advisor on duty (currently once every 6 -8 weeks) to respond to incidents to determine whether or not the explorers are actually needed at the scene. Fleet Supervisor Jeff Morton estimated that we will need to invest $1465.00 (before tax) into the vehicle. Additionally, annual maintenance will be required for the vehicle. Our lead explorer advisor estimates that it will only be driven enough to require 1, possibly 2 oil changes per year. We anticipate that the significant operating cost for the vehicle will be for fuel, and we anticipate that to be $2,300.00 per year. In addition, if the vehicle develops a significant mechanical problem, we would discuss those expenses with fleet and finance to determine whether to make the repairs or surplus the vehicle. RECOMMENDATION The Council is being asked to consider this item at the July 11, 2011 Committee of the Whole meeting and subsequent July 18, 2011 regular Meeting. ATTACHMENTS Draft Ordinance WA2011 Info MemosTire Explorer vehicle donation Info Memo.doc 44 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ACCEPTING A 1997 FORD EXPEDITION AS A DONATION FROM THE VALLEY REGIONAL FIRE AUTHORITY FOR USE BY THE TUKWILA FIRE EXPLORER PROGRAM; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Valley Regional Fire Authority wishes to donate a 1997 Ford Expedition to the City of Tukwila for use in the operation of the Fire Explorer Program and WHEREAS, the vehicle will be used to respond to and support the regional fire and police agencies in emergency and disaster response; and WHEREAS, the Tukwila Fire Explorer program responded to 67 emergency incidents in 2010; and WHEREAS, the Tukwila Fire Explorers put in over 1,000 community service hours in 2010; and WHEREAS, the Tukwila Fire Explorer program budget does not support the purchase of a vehicle; and WHEREAS, Tukwila Fire Chief Nick Olivas supports and recommends acceptance of the 1997 Ford Expedition; and WHEREAS, in accordance with RCW 35.21.100, cities are allowed, by ordinance, to accept money and property donations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Donation Accepted. The City of Tukwila hereby accepts the generous donation of a 1997 Ford Expedition from the Valley Regional Fire Authority for use in the Tukwila Fire Explorer program. W: \Word Processing \Ordinances \Donation -1997 Ford Expedition NO:bjs 516/11 Page 1 of 2 45 Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance ,be pre empted by state or federal law or regulation, such decision or pre- emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: W: \Word Processing \Ordinances \Donation -1997 Ford Expedition NO: bjs 5/6/11 Page 2 of 2 46 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Shawn Hunstock, Finance Director DATE: June 15, 2011 SUBJECT: Sales Tax Revenue for March 2011 Schedule I in 1,000's Sales Receipt 2010 2011 2011 Increase /(Decrease) %Increase /(Decrease) Month Month Actual Estimated Actual Month YTD Month YTD Jan Mar 1,034 1,080 1,039 (41) (41) -3.80% 0.00% Feb Apr 1,006 1,033 1,043 10 (31) 0.97% -1.47% Mar May 1,157 1,179 1,453 274 243 23.24% 7.38% Apr June 1,070 1,102 (1,102) (859) 100.00% 19.55% May July 1,067 1,138 (1,138) (1,997) 100.00% 36.10% June Aug 1,247 1,243 (1,243) (3,240) 100.00% 47.82% July Sept 1,251 1,299 (1,299) (4,539) 100.00% 56.22% Aug Oct 1,216 1,176 (1,176) (5,715) 100.00% 61.78% Sept Nov 1,357 1,185 (1,185) (6,900) 100.00% 66.12% Oct Dec 1,082 1,036 (1,036) (7,936) 100.00% 69.18% Nov Jan12 1,202 1,101 (1,101) (9,037) 100.00% 71.88% Dec Feb12 1,891 1,628 (1,628) (10,665) 100.00% 75.11% Totals 14,580 14,200 3,535 Mitigation Received 306 3,841 106.75% of Budget Incl. Mitigation Sales tax collections for March showed a significant increase versus the same month in the previous year. March represented the eighth consecutive increase, and tenth increase during the last twelve months. For March, collections more than the budget for the month, and more than actual collections in the same month the previous year. Actual receipts for March were $274,000 more than budget, and $296,000 more than the same period last year. We are up 23.24% for the month compared to budget, and up by 10.57% compared to the same month last year. This is just the second month since August 2008 that actual sales tax collections for the month were more than the budgeted amount. It should be noted that of the $296,000 increase from the same month in the prior year, approximately $120,000 of that was due to an amnesty program the Department of Revenue had earlier this year. Under the program businesses had to apply for a waiver of penalties and interest for unreported, or underreported, sales tax from prior periods and prior years. If the application was approved by DOR, the business had to pay the appropriate tax between February 1S and April 30 that would have otherwise been due if reported correctly initially. This 47 INFORMATIONAL MEMO Page 2 is the first -ever amnesty program for DOR and was enacted by the legislature at the request of the Governor. Excluding the amnesty amount received by Tukwila, the net increase due to an overall increase in retail sales is $176,000. Including mitigation payments, we are currently at 106.75% of budget for the year to date. This includes a mitigation payment of $305,985.77 received on March 31, 2011. The last mitigation payment we received was on December 31, 2010 for $308,257.11. Mitigation payments are now annualized and will only be adjusted once per year in the fall, effective with the December 31 payment. Staff completed work on the last mitigation detail file and submitted to the Department of Revenue a list of firms that should be removed from the mitigation calculation process. These firms are ones that were offsetting other losses, thereby reducing our mitigation payment. Schedule II shows the year -to -date sales tax from the top ten industry classifications. As this schedule indicates, the trend is flat or down for most of the classifications. Schedule II YTD YTD Dollar Group Name Current Prior Diff. Diff. 448* Clothing and Accessories 437,148 420,095 17,053 4.06% 452* General Merchandise Stores 423,952 437,400 (13,447) -3.07% 443* Electronics and Appliances 377,090 220,941 156,149 70.67% 722* Food Services, Drinking Places 319,289 329,288 (9,998) -3.04% 423* Wholesale Trade, Durable Goods 253,386 298,119 (44,733) 15.01% 441* Motor Vehicle and Parts Dealer 142,237 150,236 (7,999) -5.32% 451* Sporting Goods, Hobby, Books 140,470 136,928 3,542 2.59% 236 Construction of Buildings 136,396 76,947 59,448 77.26% 453* Miscellaneous Store Retailers 116,845 109,857 6,988 6.36% 444* Building Material and Garden 103,636 110,161 (6,525) -5.92% Mitigated NAICS Code As you can see there are large variances from last year for the same time period. For instance, sales tax for Electronics and Appliances is up by 70.67 Wholesale Trade and Durable Goods is down by 15.01 and Construction of Buildings is up by 77.26 As illustrated above, five of the top ten merchant categories have declined versus prior year, and all but one of the ten industry classification codes are ones for which we receive streamlined sales tax mitigation. Schedule III shows the ten largest declines in sales tax revenue for industries with over $10,000 collected year -to -date. WAFIN Projects\Sales Tax Information\Sales Tax Files from Shawn12011\Info Memo Sales Tax 06152011.docx 48 INFORMATIONAL MEMO Page 3 Schedule III YTD YTD Dollar Group Name Current Prior Diff. Diff. 518 Internet Service Providers 15,550 25,573 (10,022) 39.19% 423* Wholesale Trade, Durable Goods 253,386 298,119 (44,733) 15.01% 811 Repair and Maintenance 21,891 25,389 (3,499) 13.78% 323* Printing and Related Support 11,143 12,685 (1,542) 12.16% 531 Real Estate 10,001 11,143 (1,142) 10.25% 517 Telecommunications 89,492 97,475 (7,983) -8.19% 444* Building Material and Garden 103,636 110,161 (6,525) 5.92% 441* Motor Vehicle and Parts Dealer 142,237 150,236 (7,999) 5.32% 452* General Merchandise Stores 423,952 437,400 (13,447) -3.07% 722* Food Services, Drinking Places 319,289 329,288 (9,998) -3.04% Mitigated NAICS Code Attached is a Sales Tax Summary comparing year -to -date 2011 vs. 2010 by major NAICS codes. Also included is a comparison of total receipts year -to -date for the last six years. Please let me know if you have any comments or questions. Thank you. WAFIN Projects\Sales Tax Informabon\Sales Tax Files from Shawn12011\Info Memo Sales Tax 06152011.docx 49 50 SALES TAX SUMMARY March 2011 (Received in May) NAICS CONSTRUCTION 10 TOTAL 236 Construction of Buildings 588,919 237 Heavy & Civil Construction 37,857 238 Specialty Trade Contractors 290,486 TOTAL CONSTRUCTION $ 917,262 $ Overall Construction Change from Previous Year 10YTD 76,947 3,665 66,514 147,126 $ 11 YTD 136,396 8,821 103,454 248,671 0101,544 YTD % Diff 77.3% 140.7% 55.5% NAICS AUTOMOTIVE 10 TOTAL 10 YTD 11 YTD YTD % Diff 441* Motor Vehicle & Parts Dealer 596,727 150,236 142,237 -5.3% 447' Gasoline Stations 67,583 15,476 15,994 3.3% 69.0% NAICS TOTAL AUTOMOTIVE $ 664,310 $ Overall Automotive Change from Previous Year RETAIL TRADE 10 TOTAL 165,712 $ 10 YTD 158,231 ($7,481) 11 YTD % Diff -4.5% YTD MANUFACTURING 10 TOTAL 10 YTD 11 YTD % Diff 442' Furniture & Home Furnishings 374,775 86,735 89,866 3,6% 443* Electronics & Appliances 1,003,415 220,941 377,090 70.7% 311 Food Manufacturing 5,995 218 1,039 376.9% 312 Beverage & Tobacco Products -895 -3,632 734 -120.2% 313 Textile Mills 88 5 97 1673.7% 314 Textile Product Mills 13,503 2,896 2,067 - 28.6% 315 Apparel Manufacturing 38 0 48 10093.6% 316 Leather & Allied Products 2 0 2 #DIV/0! 444* Building Material & Garden 499,394 110,161 103,636 -5.9% 445* Food & Beverage Stores 101,958 20,368 28,421 39.5% 446* Health & Personal Care 178,919 43,238 64,534 49.3% 448* Clothing & Accessories 2,021,704 420,095 437,148 4.1% 451* Sporting Goods, Hobby, Books 648,678 136,928 140,470 2.6% 452* General Merchandise Stores 2,068,263 437,400 423,952 -3.1% 321* Wood Product Manufacturing 1,627 225 403 79.2% 453* Miscellaneous Store Retailers 481,324 109,857 116,845 6.4% 322* Paper Manufacturing 21,585 5,686 5,049 -11.2% 454* Nonstore Retailers 111,045 22,928 27,657 20.6% 323* Printing & Related Support 54,341 12,685 11,143 -12.2% TOTAL RETAIL TRADE $ 7,489,475 $ 1,608,651 $ 1,809,620 324 Petroleum & Coal Products 325 Chemical Manufacturing 326 Plastic & Rubber Products 3,062 7,458 3,142 552 1,502 924 975 2,943 1,290 76.6% 96.0% 39.6% 327* Nonmetallic Mineral Products 3,667 437 1,010 131.3% 331 Primary Metal Manufacturing 332 Fabricated Metal Mfg Products 333 Machinery Manufacturing 334* Computer & Electronic Products 335 Electric Equipment, Appliances 336 Transportation Equipment Mfg 337' Fumiture & Related Products 339' Miscellaneous Manufacturing 725 -2,641 10.120 36 1,572 6,327 42 1,178 -103 17.1% -25.0% -101.6% 5,592 1,401 1,965 40.2% 523 290,984 10,326 11,140 78 23,693 2,531 3,183 60,318 $ TOTAL MANUFACTURING $ 440,381 $ Overall Manufacturing Change from Previous Year TRANSPORTATION & WAREHOUSING 481 Air Transportation 482 Rail Transportation 484 Truck Transportation 485 Transit and Ground Passengers 487 Scenic and Sightseeing Tran 488 Transportation Support 491 Postal Services 492 Couriers & Messengers 493' Warehousing & Storage 10 TOTAL 4 731 344 17,813 0 29,089 0 372 -88 36,594 -212.2% 54.5% 1,912 -24.4% 2,295 -27.9% 10YTD 0 187 30 6,574 0 2,822 87 70,595 010,277 11 YTD 25 209 377 4,191 176 7,353 0 3 YTD % Diff 0.0% 12.0% 1172.2% -36.2% #DIV/0! 160.6% #DIV /0! -97.0% 17.0% Overall General Retail Change from Previous Year SERVICES 957 252 247 -2.1% TOTAL TRANSP & WHSING $ 49,309 $ Overall Transportation Change from Previous Year WHOLESALE TRADE 10 TOTAL 9,952 $ 10 YTD 12,581 02,629 11 YTD YTD % Diff 26.4% 423* Whls Trade - Durable Goods 1,236,905 298,119 253,386 -15.0% 424* Whls Trade - Nondurable Goods 112,063 23,556 23,962 1.7% 425* Wholesale Electronic Markets 2,781 530 500 -5.7% WHOLESALE TRADE TOTAL $ 1,351,748 $ Overall Wholesale Change from Previous Year Sales Tax Mitigation NAICS Codes 06/15/2011 322,204 $ 277,848 ($44,356) -13.8% 51X Information 52X Finance & Insurance 53X Real Estate, Rental, Leasing 541 Professional, Scientific, Tech 551 Company Management 56X Admin, Supp, Remed Svcs 611 Educational Services 62X Health Care Social Assistance 71X Arts & Entertainment 10 TOTAL 553,763 54,281 420,554 183,693 250 111,875 61,029 74,501 110,146 10YTD 136,825 11,961 82,949 43,723 158 25,326 14,773 15,367 23,573 5200,969 11 YTD 116,301 18,006 108,456 50,253 92 29,908 16,445 22,525 25,846 YTD % Diff -15.0% 50.5% 30.8% 14.9% -41.4% 18.1% 11.3% 46.6% 9.6% 12.5% 1 72X' Accommodation & Food Svcs 1,769,600 430,323 419,062 -2.6% 81X Other Services 92X Public Administration TOTAL SERVICES 185,696 26,395 $ 3,551,783 $ Overall Services Change from Previous Year MISCELLANEOUS 10 TOTAL 000 Unknown 43 111 -115 Agriculture, Forestry, Fishing 313 211 -221 Mining & Utilities 14,355 999 Unclassifiable Establishments 100,745 MISCELLANEOUS TOTAL $ 115,457 $ Overall Miscellaneous Change from Previous Year Page 1 10 TOTAL 45,648 4,801 835,428 $ 10YTD 1 140 2,046 47,108 49,295 $ 10YTD 42,903 6,791 856,589 $21,161 -6.0% 41.4% 11 YTD YTD % Diff 0 - 100.0% -22.4% -42.5% 109.8% 109 1,177 98,812 100,099 $50,803 2.5% 11 YTD YTD % Diff 103.1% GRAND TOTALS $14,579,726 $3,198,687 $3,534,233 Grand Total Change from Previous Year $335,546 TUK Sales Tax RPI 201103.4sx 10.49% Six Year Comparison M 2011 $3,564"238 2010 Womp I I M.0 $3,198,6 1, i 2009 $3,369,065 2008 $4 0 I 2007 ZKJ8U,bUU 2006 J, i $1,000,000 $2,000,000 $3,000,000 $4,000,000 Taxes Collected Year to Date 52