Emergency Preparedness and the SAFETY Act Journey. John Petrone & Kathleen Lupia

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1 Emergency Preparedness and the SAFETY Act Journey John Petrone & Kathleen Lupia

2 Petrone Risk Attorney/Legal Risk Managers Attorney client relationship Protection and discretion Safe environment for analysis and decision making Adherence to industry standards and/or establishment of new standard NIMS certified professionals Unique multi-faceted approach to projects Legal Risk Management analysis Emergency preparedness emphasis Security professionals Accounting/finance professionals

3 Legal Risk Management Highlights Eclectic client base Professional athletic organizations Professional athletic facilities ownership and management Professional athletic leagues Higher learning institutions For-profit organizations Not-for-profit organizations Municipalities Unique service repertoire Emergency Preparedness Security Program development SAFETY Act Business Continuity strategies RFP Process support Third-party contracts

4 SAFETY Act In the wake of 9/11 attacks, private sector apprehension to deploy security technologies mounted as a result of: Perceived inevitability of acts of terror Fear that failure of security technologies would only create MORE liability rather than manage the risk CONGRESS enacted the SAFETY Act in 2002

5 SAFETY Act Created liability limitations for CLAIMS brought in Federal District Courts arising from acts of terrorism where QUALIFIED ANTI-TERRORISM TECHNOLOGIES (QATTs) have been deployed QUALIFIED ANTI-TERRORISM TECHNOLOGIES can include: Products Services Software Plans and/or procedures Security Program Combination of any of the relevant categories

6 SAFETY Act ACT OF TERRORISM: Exists when the Secretary of Department of Homeland Security deems it so Harm explicitly INCLUDES financial harm removing the need for the existence of physical damage or harm

7 SAFETY Act SELLERS = the protected = applicant Includes any person, firm, or other entity that: Provides a QATT to a customer Has obtained developmental testing & evaluation designation, designation, or certification from DHS POSSIBLE DOWNSTREAM USER PROTECTION

8 SAFETY Act DEVELOPMENTAL TESTING AND EVALUATION DESIGNATION (DTED) = Limit Liability with Limitations

9 SAFETY Act DESIGNATION = Limit Liability CERTIFICATION = Immunity

10 SAFETY Act DTED ACKNOWLEDGEMENT BENEFITS Liability insurance limit is determined by DHS, and all claims are limited to that amount No punitive damages and no prejudgment interest No joint and several liability for non-economic damages No non-economic damages if there is no physical harm Recovery reduced by all collateral sources * Limitations on use and/or deployment * Terminable at will by DHS * Liability protection limited to the actual term of the DTED acknowledgement

11 SAFETY Act DESIGNATION ACKNOWLEDGEMENT BENEFITS Liability insurance limit is determined by DHS, and all claims are limited to that amount No punitive damages and no prejudgment interest No joint and several liability for non-economic damages No non-economic damages if there is no physical harm Recovery reduced by all collateral sources

12 SAFETY Act CERTIFICATION ACKNOWLEDGEMENT BENEFITS Liability insurance limit is determined by DHS, and all claims are limited to that amount No punitive damages and no prejudgment interest No joint and several liability for non-economic damages No non-economic damages if there is no physical harm Recovery reduced by all collateral sources ABILITY TO ASSERT THE GOVERNMENT CONTRACTOR DEFENSE

13 SAFETY Act GOVERNMENT CONTRACTOR DEFENSE Gives presumption of dismissal for any cause of action arising out of use of certified technology when criteria is met Basis of claim is declared ACT OF TERRORISM Seller sued has valid certification on technology Deployment of technology during term of certification **Presumption can be rebutted by clear and convincing: Evidence of fraud Evidence of willful misconduct

14 SAFETY Act COLLATERAL BENEFITS OF SAFETY ACT PROCESS Greater awareness of and adherence to applicable industry standards Increased ease in meeting required liability duties Lower probability of negative litigation outcomes Generally less risk prone More robust written documentation accurately reflecting existing protocol A more qualified pool of employees and partners responsible for fulfilling obligations of the plan

15 SAFETY Act Submission SECURITY PROGRAM CONSIDERATIONS Generally, components of QATT to meet or exceed Industry Standards EOP SOP Manual Table Top Exercises/drilling Training and testing materials

16 SAFETY Act Submission SECURITY PROGRAM CONSIDERATIONS Documentation over a relevant sample set evidencing: QATT conformance with standards as stated by Seller Logs Checklists Staffing documentation Training documentation QATT performs as intended Quality Assurance Program Red Team Assessments Risk Assessments QATT safe for use as intended Incident Reports

17 Snapshot of Petrone Risk led project for a Security Program

18 Petrone Risk Unique Project Approach Change Management Methodology Collaborative Culture shift Maximize outcomes, minimize organizational resource infringement Due Diligence Stage Gather Developmental Stage Draft Entrenchment Stage Adopt Submit Entrenchment Stage Due Diligence Stage Developmental Stage

19 Security Program Project Benchmarks Emergency Operations Plan (EOP) Standard Operating Procedures (SOP) Manual Training Portfolio (Training course descriptions, state specific requirements, attendance records, training schedules, exams, curriculum slide decks) Table Top Exercises and Drills SAFETY Act Pre-Application Coordination and facilitation of DHS Site Visit Final Submission Resiliency/Maintenance Plans and policies Contractor/vendor contractual standards and obligations SAFETY Act acknowledgement contour responses to support conditions

20 Project Benchmark Details EOP DEVELOPMENT Mechanics Compliance and adherence to rules, laws, regulations, and industry standards Identify the owner of EOP responsible for Creation Regular updates/revisions Regular trainings Inclusion of relevant stakeholders in creation and implementation of plan Internal External Necessary components Narration of plan specifics Reference materials (maps, logs, contact lists etc.) Specific threats Plan contemplates and reflects corporate organization

21 Project Benchmark Details EOP DEVELOPMENT Content NIMS Strategies embedded throughout Authority and Responsibility ERMT Lockdown Protocol Command Post Staffing and Equipment Communication Plan Emergency Public Information Media Management Sheltering/Evacuation Evacuation Routes Response to Specific Hazards Post Incident Continuity of Operations Training and Exercise EOP Distribution, Maintenance, Review, and Updates Scope of Duties

22 Project Benchmark Details TABLE TOP EXERCISE AND DRILLING Elements Attendees Internal External Scenario Selection Threat analysis Information and intelligence sharing Relevant scenarios Debrief Participant Feedback Hot Wash After Action Meeting After Action Report (AAR) and Improvement Plan

23 Project Benchmark Details SOP MANUAL DEVELOPMENT Mechanics Corporate Structure Physical layout of each facility Geographic locations of various facilities under the corporate structure Facility uses Technology Existing Planned investments Future investments for optimization of security program Risk Assessments Third-party Internal Financial ramifications and considerations associated with desired procedures

24 Project Benchmark Details SOP MANUAL DEVELOPMENT Parameters to be Considered Staff Hiring, Vetting and Evaluation Protocol Background checks Training Requirements Various levels of staff Vendor and Contractor Selection RFP processes and considerations Security Operations Staffing, protocol and measuring effectiveness Delivery and Mail Protocol Command Center Access Controls/ Perimeters Timeframes for acceptance and screening strategies Security Screening Visual screening, metal detection and bag inspections Access Controls/Perimeters Extent, considerations, critical systems, back of house Command Center Staffing and equipment Threat Response Protocol Threat Response Protocol Staff Hiring, Vetting, and Evaluation Protocol SOP Manual Security Screening Delivery and Mail Protocol Training Requirements Vendor and Contractor Selection Security Operations

25 Security Program Resilience is a collection of resources, actions, procedures, and information that is DEVELOPED, TESTED, and READY for use in the event of a major disruption of operations is NOT a one-time project with an established start and end date is a LIVING DOCUMENT whereby it is essential that the plan remains viable and current describes OBJECTIVES and PROTECTIVE MEASURES that contains protected and sensitive information success of the plan requires that key personnel have IMMEDIATE ACCESS and FAMILIARITY with the plan and CONTINUALLY ensure that adequate resources and capabilities exist for carrying out their roles

26 Achieving Security Program Resilience Maintenance is achieved by Growing Smarter and Adapting to Changing Conditions Compliance with applicable Laws, Rules, and Regulations Adherence to Best Practice standards Participation in Private Sector Intelligence Programs Awareness of Industry Standards Integration of Multi-Hazard Considerations into mitigation and preparedness strategies and exercises Integration of Lessons Learned into plans and protocols Building and Maintaining Partnerships with local, state, and federal agencies and affiliates Utilize tools and metrics for Evaluating Current Performance against set goals, objectives, and milestones

27 Security Program Components - Resilience Maintenance of optimized Emergency Operations Plan (EOP) Maintenance of Standard Operating Procedures (SOP) Manual Maintenance of Training Portfolio (Training course descriptions, state specific requirements, attendance records, training schedules, exams, curriculum slide decks) Facilitation of relevant Table Top Exercises (Introductions/parameters, Scenario, Debrief, Hot Wash, After Action Report and Improvement Plan) Maintenance of Third-Party acknowledgements SAFETY Act designation and/or certification Optimization of Security Program Contractual Components RFP Consultation RFP Formation and Analysis Contract Optimization and Development Protective Considerations

28 WHY EMERGENCY PREPAREDNESS & THE SAFETY ACT? WHY NOW?

29 The State of the World We Are Living In Parkland, FL February 14, 2018 (17 dead; 14 injured) Active Shooter Sutherland Springs, TX November 5, 2017 (26 dead; 20 injured) Active Shooter New York, NY October 31, 2017 (8 dead; 12 injured) Vehicle ramming Las Vegas, NV October 1, 2017 (59 dead; 527 injured) Active Shooter Manchester, UK May 22, 2017 (32 dead; 500+ injured) Terrorism New York, NY September 17, 2016 (29 injured) IED explosion Seaside Park, NJ September 17, 2016 Pipe bomb explosion St. Cloud, MN September 17, 2016 (9 injured) Stabbings at mall linked to terrorism Alpine, TX September 8, 2016 (1 dead; 2 injured) School shooting Baton Rouge, LA July 17, 2016 (3 dead; 3 injured) Targeted police Nice, France July 14, 2016 (84 dead; 300+ injured) - Terrorism Dallas, TX July 7, 2016 (5 dead; 9 injured) Targeted police during protest Istanbul, Turkey June 27, 2016 (41 dead; 230+ injured) - Terrorism Orlando, FL June 12, 2016 (49 dead; 53 injured) - ISIS Greater Manchester, Old Trafford Stadium May 15, 2016 Suspicious package/bomb scare training device left behind Brussels, Belgium March 22, 2016 (31 dead; 270 injured) Twin terror attack Belfair, WA February 26, 2016 (5 dead) Copycat? Hesston, KS February 25, 2016 (4 dead; 14 injured) Domestic violence at workplace Orlando, FL February 7, 2016 (2 dead; 10 injured) Fight escalated San Bernardino, CA - December 2, 2015 (14 dead; 21 injured) Terrorism self radicalization Colorado Springs, CO - November 29, 2015 (3 dead; 9 injured) Christian extremist Paris, France - November 13, 2015 (130 dead; 368 injured) ISIS Charleston, SC - June 18, 2015 (9 dead) White supremacist Isla Vista, CA - May 23, 2014 (6 dead) Sexually motivated/disenfranchised Washington, DC - September 16, 2013 (12 dead; 3 injured) Disenfranchised military with security clearance Santa Monica, CA - June 7, 2013 (5 dead) Family dispute sparked attack Newtown, CT - December 14, 2012 (27 dead; 1 injured) Mental health condition

30 Manchester When: May 22, 2017 Ariana Grande Concert What: An Explosion - 22 dead; hundreds sustained physical & emotional injuries Where: Manchester, UK Just Outside of the Manchester Arena Foyer Area Considered Public Space Connects Arena and Rail Station Who: Suicide bomber How: Never Attempted to gain Access to Arena Concert Ending Many Individuals Exiting the Arena

31 Manchester: Emergency Preparedness Highlights Incident Commander Alternate Designee Sufficient Training Evacuation Protocol Decision-Making Redirection of Traffic Training for Response to the Unforeseen Table Top Exercise Participation Stakeholder Response Roles and Responsibilities Inevitable Time Delays Realized Regular Drilling

32 Manchester: Emergency Preparedness Lessons Learned CCTV Coverage Coverage Sufficiency Monitoring Capabilities Supplementing coverage Multi Agency Coordination Response Efforts- unified standard Communication considerations Inclusion of all stakeholders Perimeter Planning Extent Response Protocol Training

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34 A UNIQUE APPROACH TO EMERGENCY PREPAREDNESS AND BEYOND