Ord 14-2020 Shelter in Place Order 3/27/2020Ordinance No. 14-2020
Ordinance issuing a Shelter in Place order; declaring an emergency
WHEREAS, as a result of the COVID-19 pandemic, the City of Wichita Falls is
currently facing exposure of its citizens to this deadly virus, as well as tremendous
economic losses; and,
WHEREAS, on March 19, 2020, Mayor Stephen Santellana signed a Proclamation
Declaring a Local State of Disaster due to this health emergency; and,
WHEREAS, said Proclamation Declaring a Local State of Disaster was amended at
a special City Council meeting held March 25, 2020; and,
WHEREAS, the City of Wichita Falls has had 10 positive cases of the virus at the
time of the drafting of this ordinance; and,
WHEREAS, the City Council has determined it to be in the best interests of the
citizens of Wichita Falls to issue the attached Shelter in Place Order
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
1. Pursuant to Section 418.108 of the Texas Government Code, the City Council
hereby approves the Shelter in Place Order, herein attached as Exhibit 1.
2. The Mayor's Proclamation of Disaster, issued on March 25, 2020, continues
in effect until March 27, 2020 at 11:59 p.m., at which time the Shelter in Place
Order will control. Pursuant to Section 418.108(b) of the Texas Disaster Act,
the local state of disaster due to this health emergency issued in this
Proclamation shall continue until 1:00 p.m. on April 8, 2020, unless modified
or rescinded.
3. This ordinance is passed as an emergency measure and shall become
effective immediately upon its passage.
PASSED AND APPROVED this the 27th day of March, 2020.
MAY
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City Clerk
CITY OF WICHITA FALLS, TEXAS
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SHELTER IN PLACE ORDER
BY
THE MAYOR AND CITY COUNCIL OF THE
CITY OF WICHITA FALLS
MARCH 27, 2020
WHEREAS, on March 13, 2020, President Donald Trump declared a national
emergency regarding COVID-19; and,
WHEREAS, March 13, 2020, Governor Greg Abbott declared a national
emergency regarding COVID-19; and,
WHEREAS, the COVID-19 virus is contagious and spreads through person -to -
person contact, especially in group settings; and,
WHEREAS, on March 15, 2020, the Centers for Disease Control and Prevention
("CDC") recommended that organizers (whether groups or individuals) cancel or
postpone in -person events that consist of 50 people or more throughout the United
States; and,
WHEREAS, on March 16, 2020, President Trump acknowledged the gravity of the
COVID-19 pandemic, releasing strict new guidelines to limit people's interactions,
including that Americans should avoid groups of more than 10 people; and,
WHEREAS, on March 19, 2020, Governor Abbott issued Executive Order GA 08
Relating to COVID-19 Preparedness and Mitigating, stating people shall avoid social
gatherings in groups of more than 10 people and closed all schools until April 3, 2020;
and,
WHEREAS, on March 19, 2020, and March 25, 2020, due to the substantial risks
to the public, Mayor Santellana issued an order deeming it in the public interest to prohibit
anywhere in the City of Wichita Falls, Community Gatherings of more than 10 people;
and,
WHEREAS, at his March 22, 2020 press conference, the Governor acknowledged
that the urban centers may need to enact more stringent measures to address this public
health emergency and stated that he would applaud the cities for doing so; and,
WHEREAS, as of March 25, 2020, there are 974 persons confirmed to have
COVID-19 in Texas, with 10 of those residing in Wichita County, Texas;
WHEREAS, because of the risk of the rapid spread of the virus, the need to protect
the most vulnerable members of the community, the intent to ensure that the maximum
number of people self -isolate in their places of residence to the maximum extent feasible,
while enabling essential services to continue, and the desire to slow the spread of COVID-
19 to the maximum extent possible, this Order is required; and,
WHEREAS, this Order is issued based on evidence of increasing occurrence of
COVID-19 within the City and throughout the Central Texas area, scientific evidence and
best practices regarding the most effective approaches to slow the transmission of
communicable diseases generally and COVID-19 specifically, the evidence that the age,
condition, and health of a significant portion of the population of the City places it at risk
for serious health complications, including death, from COVID-19; and,
WHEREAS, making the problem worse, some individuals who contract the
COVID-19 virus have no symptoms or have mild symptoms, which means they may not
be aware they carry the virus; and,
WHEREAS, because even people without symptoms can transmit the disease,
and because evidence shows the disease is easily spread, gatherings can result in
preventable transmission of the virus; and,
WHEREAS, the scientific evidence shows that at this stage of the emergency, it is
essential to slow virus transmission as much as possible to protect the most vulnerable
and to prevent the health care system from being overwhelmed. One proven way to slow
the transmission is to limit interactions among people to the greatest extent practicable.
By reducing the spread of the COVID-19 virus, this Order helps preserve critical and
limited healthcare capacity in the City; and,
WHEREAS, a declaration of local disaster and public health emergency includes
the ability to reduce the possibility of exposure to disease, control the risk, promote health,
compel persons to undergo additional health measures that prevent or control the spread
of disease, including isolation, surveillance, quarantine, or placement of persons under
public health observation; and,
WHEREAS, the Mayor and City Council have determined that extraordinary and
immediate measures must be taken to respond quickly to prevent and slow down
community spread of COVID-19.
WHEREAS, further restriction of movement of persons is necessary to reduce the
substantial risk of harm to the public and, therefore, as long as this Order is in effect, all
individuals anywhere in the City of Wichita Falls are required to shelter in place, except
to perform certain essential activities, or to perform work in or obtain services from an
Essential Business, Essential Government Service, or in Critical Infrastructure.
NOW, THEREFORE, I, MAYOR OF THE CITY OF WICHITA FALLS, ALONG
WITH THE WICHITA FALLS CITY COUNCIL, PURSUANT TO THE AUTHORITY
VESTED BY TEXAS GOVERNMENT CODE CHAPTER 418, HEREBY FIND, RESOLVE
AND ORDER THAT:
SECTION 1. The foregoing recitals are incorporated herein and made findings of
fact.
The previously declared local state of disaster for the City of Wichita Falls, Texas,
is hereby renewed and continued, as amended herein.
Pursuant to §418.108(b) of the Texas Government Code, this renewal and
continuance of the declaration of a local state of disaster shall be given prompt and
general publicity and shall be filed promptly with the City Clerk.
Pursuant to §418.108(d) of the Texas Government Code, this renewal and
continuance of the declaration of a local state of disaster activates the City's emergency
management plan.
SECTION 2. Stay at Home or Place of Residence. Effective as of 11:59 p.m. on
March 27, 2020, and continuing until 1:00 p.m. April 8, 2020, unless terminated or
modified by a subsequent Order, the Mayor and the City Council of the City of Wichita
Falls, Texas deem it in the public interest to issue this Order and ORDERS that all
individuals currently living within the City of Wichita Falls shelter at their place of residence
except as allowed by this Order. To the extent individuals are using shared or outdoor
spaces, they shall, to the greatest extent feasible, maintain social distancing of at least
six feet from any other person, consistent with the Social Distancing Requirements, as
defined in Section 7 below. All persons may leave their residences only to perform certain
Essential Activities, to perform work in or obtain services from an Essential Business,
Essential Government Service, or in Critical Infrastructure, or to engage in Essential
Travel or Minimum Basic Operations, all as defined in Section 7 below.
SECTION 3. Non -Essential Business and Operations Must Cease. All
businesses or operations with a facility in the City of Wichita Falls, except Essential
Businesses and Essential Government Functions, as defined in Section 7 below, are
required to cease all activities at facilities located within the City except Minimum Basic
Operations as defined in Section 7 below. For clarity, businesses may also continue
operations consisting exclusively of employees or contractors performing activities at their
own residences (i.e., working from home).
All Essential Businesses, Essential Government Service, and Critical
Infrastructure are strongly encouraged to remain open, especially those that provide the
basic necessities for food water, and shelter. To the greatest extent feasible, Essential
Businesses shall comply with Social Distancing Requirements as defined in Section 7
below.
This Order shall not be construed to hinder the ability of the industries identified in
the U.S. Department of Homeland Security Cyber and Infrastructure Security Agency's
("CISA") Essential Critical Infrastructure Workforce Memorandum dated March 19, 2020,
incorporated in this Order by reference as Exhibit A, to continue their operation
appropriately modified to account for CDC workforce and consumer protection guidance,
and the list of industries identified on that memorandum is incorporated in this Order by
reference.
SECTION 4. Prohibited Activities. All public and private gatherings of any
number of people occurring outside a single household or dwelling unit are prohibited,
except for the limited purposes as expressly permitted by this Order. Nothing in this Order
prohibits the gathering of members of a household or dwelling unit.
SECTION 5. Travel. All travel, including, but not limited to, travel on foot, bicycle,
scooter, motorcycle, automobile, or public transit, is prohibited except for purposes of
Essential Travel, performing Essential Activities or going to work in an Essential Business,
Government Facility, or Critical Infrastructure, as defined in Section 7 below. To the
greatest extent feasible, people riding on public transit shall comply with Social Distancing
Requirements as defined in Section 7 below.
SECTION 6. Prior Order. The findings and recitations set out in the preamble to
this Order are found to be true and correct and they are hereby adopted by the Mayor
and the City Council and made a part hereof for all purposes. This Order rescinds and
replaces prior Orders.
SECTION 7. Definitions and Exemptions.
a. Essential Activities. For purposes of this Order, individuals may leave their
residence only to perform any of the following "Essential Activities." But
people at high risk of severe illness from COVID-19 and people who are
sick are urged to stay in their residence to the extent possible, except as
necessary to seek medical care.
i. For Health and Safety. Individuals may engage in activities or
perform tasks essential to their health and safety, or to the health and
safety of their family or household members (including, but not
limited to, pets), to work for or obtain services at any "Healthcare
Operations," as defined in Section 7.e.i., below;
ii. For Necessary Supplies and Services. Individuals may obtain
necessary services or supplies for themselves and their family or
household members, or to deliver those services or supplies to
others, such as, by way of example only and without limitation,
groceries and food, including pet supplies and food, supplies they
need to work from home, household consumer products, and
products necessary to maintain the safety, sanitation, and essential
operation of residences;
iii. For Outdoor Activity. Individuals may engage in outdoor activity,
such as, by way of example and without limitation, walking, hiking,
bicycling, or running, provided the individuals comply with Social
Distancing Requirements as defined in this section. Individuals shall
not use public playground equipment, public picnic tables, public
basketball courts, and other public sports and recreational
equipment;
iv. For Certain Types of Work. Individuals may perform work providing
essential products and services at an Essential Business,
Government Service, or Critical Infrastructure, or to otherwise carry
out activities specifically permitted in this Order, including Minimum
Basic Operations; or
V. To Take Care of Others. Individuals may care for a family member
or pet in another household.
b. Critical Infrastructure. As defined in Exhibit B, incorporated in this Order
by reference.
C. Essential Government Functions. All sworn Police Department, Fire
Department, and Emergency Medical Services personnel, emergency
management personnel, and emergency dispatchers; essential court
personnel, legal personnel; child protection and child welfare personnel; all
military personnel; all personnel working for companies (including their
subcontractors) who perform under contract to the Department of Defense
providing materials and services to the Department of Defense; all
personnel working for companies (including their subcontractors) who
perform work under contract to State or Federal Governmental Entities for
which they are required under state or federal law to remain open; and all
law enforcement personnel, housing and shelter personnel, and others
working for or to support Essential Businesses or Critical Infrastructure are
categorically exempt from this Order. This Order does not apply to the
Federal or State Government.
For purposes of this Order, "Essential Government Functions" means all
services needed to ensure the continuing operation of the government
agencies and provide for the health, safety and welfare of the public and all
agencies that provide for the health, safety and welfare of the public. The
City Manager shall determine its Essential Government Functions and
identify employees and/or contractors necessary to perform those
functions. To the extent feasible, all Essential Governmental Functions shall
be performed in compliance with Social Distancing Requirements as
defined in this Section.
d. Businesses Covered by this Order. For the purposes of this Order,
covered businesses include any for -profit, non-profit, or educational entities,
regardless of the nature of the service, the function they perform, or its
corporate or entity structure.
e. Essential Businesses. For the purposes of this Order, "Essential
Businesses" means:
Healthcare Operations. Healthcare Operations and Critical
Infrastructure, including but not limited to caregivers, hospital and
laboratory personnel, and pharmacy employees, including hospitals,
clinics, dentists, pharmacies, pharmaceutical and biotechnology
companies, other healthcare facilities, healthcare suppliers, home
healthcare services providers, mental health providers, and related
retail sales or any related and/or ancillary healthcare services.
"Healthcare Operations" also includes veterinary care and all
healthcare and life-saving services provided to animals. This shall be
construed broadly to avoid any impacts to the delivery of healthcare,
broadly defined. "Healthcare Operations" does not include fitness
and exercise gyms or other similar facilities and does not include
retail outlets that specialize in the selling of electronic cigarette
products or cannabidiol products;
Stores that sell Groceries and Certain Other Essential Supplies.
Grocery stores, supermarkets, big -box stores, farmers' markets,
food banks, convenience stores, liquor stores and other
establishments engaged in the retail sale of canned food, dry goods,
fresh fruits and vegetables, pet supplies, fresh meats, fish, and
poultry, and any other household consumer products (such as
cleaning and personal care products). This includes stores that sell
groceries and also sell other non -grocery products, and products
necessary to maintaining the safety, sanitation, and essential
operation of residences. Essential supplies do not include the sale of
grasses, plants, flowers or trees, and these items are prohibited from
being sold by any business;
iii. Food Cultivation. Food cultivation, including farming livestock, and
fishing;
W. Social Services and Charitable Organizations. Businesses that
provide food, shelter, and social services, and other necessities of
life for economically disadvantaged or otherwise needy individuals;
v_ News Media. Newspapers, television, radio, and other news media
services;
vi_ Gas Stations and Businesses Needed for Transportation. Gas
stations, auto -manufacturing and assembly, auto mechanics, auto -
supply, auto -repair, and other related facilities;
vii. Financial Institutions. Banks and related financial institutions,
consumer lenders, sales and finance lenders, credit unions,
appraisers, title companies, pawn shops, entities that issue bonds,
insurance companies, underwriters, agents, brokers, and related
insurance claims and agents;
viii. Hardware and Supply Stores. Hardware stores and businesses
that sell electrical, plumbing, and other material necessary to support
Essential Businesses, Critical Infrastructure, and Essential
Government Functions;
i. Critical Trades. Plumbers, electricians, exterminators, pool
cleaners, and other service providers who provide services that are
necessary to maintaining the safety, sanitation, and essential
operation of residences, essential activities, Essential Businesses,
essential Government Functions, or Critical Infrastructure, including
but not limited to utilities such as electricity, gas, water and
wastewater, and other public works;
X. Mail and Delivery services. Businesses providing mailing and
shipping services, including post office boxes;
xi. Laundry Services. Laundromats, dry cleaners, and laundry service
providers;
xii. Restaurants for Consumption Off -Premises. Restaurants and
other facilities that prepare and serve food or alcohol, but only for
delivery, drive -through, or carry out. All individuals who obtain food
or beverages from these establishments are required to leave the
premises of said establishment within five minutes of receiving their
food or beverage. Premises of these establishments includes all
indoor and outdoor facilities, including parking lots. Individuals shall
not consume food or beverages on the premises of any
establishment regulated under this subsection. Truck drivers holding
CDL licenses and who are operating a semi -tractor -trailer truck for
commercial purposes are exempt from the food requirements of this
subsection while they are on the premises of any truck stop or travel
center. Said truck drivers are limited to eating only in their semi -
trucks while on said premises. Schools and other entities that
typically provide free food services to students or members of the
public may continue to do so under this Order on the condition that
the food is provided to students or members of the public on a pick-
up and take -away basis only. Schools and other entities that provide
food services under this exemption shall not permit the food to be
eaten at the site where it is provided, or at any other gathering site;
xiii. Supplies to Work from Home. Businesses that supply products
needed for people to work from home;
xiv. Supplies for Essential Businesses, Critical Infrastructure and
Essential Government Functions. Businesses that supply other
Essential Businesses, Critical Infrastructure, and essential
Government Functions with the support, supplies, or components
necessary to operate, including but not limited to computers, audio
and video electronics, microelectronics, semiconductors, hardware,
paint, electrical and plumbing material, sanitary equipment, medical
equipment, and food and beverages;
xv. Food Delivery Services. Businesses that ship or deliver groceries,
food, goods or services directly to residences;
xvi. Transportation. Aircraft, taxis, and other private transportation
providers (such as Uber and Lyft) that provide transportation
services necessary for the performance of essential activities,
essential Businesses, Critical Infrastructure, Essential Government
Functions, or Essential Travel;
xvii_ Home -Based Care and Services. Home -based care for seniors,
adults, or children, including caregivers who may travel to provide
care;
xviii. Residential Facilities and Shelters. Residential facilities and
shelters for seniors, adults, children, and animals;
xix. Professional Services. Professional services, such as legal or
accounting services, and insurance services when necessary to
assist in compliance with legally mandated activities or to further
Essential Businesses, essential Government functions, or Critical
Infrastructure;
. Real Estate Services. Real estate services are limited to those
necessary to assist in compliance with legally mandated activities or
to further Essential Businesses, Essential Government Functions, or
Critical Infrastructure. Real Estate companies are allowed to perform
property management services and are allowed to finalize closing
activities for all real estate contracts in existence as of March 27,
2020. Services do not include accepting new real estate listings or
showing any real estate listing.
xxi. Lawn Maintenance Services. Essential lawn maintenance services
are limited to the mowing of weeds and grass and to the emergency
removal of trees that pose a health and safety hazard.
xxii. Automobile dealerships. Car dealerships may provide repairs and
parts services. Car dealers may remain open only for individuals who
need to purchase vehicles to perform essential functions and travel
and for businesses that need vehicles for essential business and
essential government services. Showrooms are to be open to such
individuals by appointment only.
xxiii. Information Technology Services. IT and IT services and their
essential services vendors, including the provision of essential
global, national, and local infrastructure for computing services,
business infrastructure, communications, web -based services, and
critical manufacturing, as well as telecommunications services,
internet access, and broadband/communications services;
xxiv. Moving Supply Services. Businesses that provide rental and/or
commercial moving services and necessary moving supplies;
xxv. Hotels and Motels. Hotels and motels, to the extent used for lodging
or delivery or carry -out food services;
xxvi. Funeral, mortuary, cremation, burial, cemetery, and related
services, provided that social distancing of six feet per person is
maintained to the greatest extent possible and no more than ten (10)
persons are present during the activity;
xxvii. Educational Institutions. Educational institutions -including public
and private K-12 schools, colleges, and universities -for purposes of
facilitating distance learning, performing critical research, or
performing other essential functions, provided that social distancing
of six -feet per person is maintained to the greatest extent possible;
and,
xxviii. Childcare Facilities. Childcare facilities providing services that
enable individuals exempted in this Order to work as permitted. To
the extent possible, childcare facilities must operate under the
following mandatory conditions;
i. Childcare must be carried out in stable groups of 10 or fewer
("stable" means that the same 10 or fewer children are in the
same group each day);
ii. Children shall not change from one group to another;
iii. If more than one group of children is cared for at one facility,
each group shall be in a separate room. Groups shall not mix
with each other.
iv. Childcare providers shall remain solely with one group of
children.
Minimum Basic Operations. For the purposes of this Order, "Minimum
Basic Operations" include the following, provided that employees comply
with Social Distancing Requirements as defined in this Section, to the extent
possible, while carrying out such operations:
L The minimum necessary activities to maintain the value of the
business's inventory, ensure security, process payroll and employee
benefits, or for related functions; or
ii. The minimum necessary activities to facilitate employees of the
business being able to continue to work remotely from their
residences.
g. Essential Travel. For the purposes of this Order, "Essential Travel"
includes travel for any of the following purposes. Individuals engaged in any
Essential Travel must comply with all Social Distancing Requirements as
defined in this Section.
L Any travel related to the provision of or access to Essential Activities,
essential Governmental Functions, Essential Businesses, Critical
Infrastructure, or Minimum Basic Operations;
ii. Travel to care for elderly, minors, dependents, persons with
disabilities, or other vulnerable persons;
iii. Travel to or from educational institutions for purposes of receiving
materials for distance learning, for receiving meals, or any other
related services;
iv. Travel to retain from or to a place of residence from outside the
jurisdiction (e.g., returning home from a closing university);
V. Travel required by law enforcement or court order;
vi. Travel by church stafflclergy for the purpose of producing of remote
delivery of religious services or other ministries requiring travel; or,
vii. Travel required for non-residents to return to their place of residence
outside the City. Individuals are strongly encouraged to verify that
their transportation out of the City remains available and functional
prior to commencing such travel.
h. Residences. For purposes of this Order, residences include single family
homes, multiple family homes, hotels, motels, shared rental units, and
similar facilities.
Social Distancing Requirements. For purposes of this Order, Social
Distancing Requirements include maintain at least a six-foot distance from
other individuals, washing hands with soap and water for at least 20
seconds as frequently as possible or using hand sanitizer, covering coughs
or sneezes (into the sleeve or elbow, not hands), regularly cleaning high -
touch surfaces, and not shaking hands.
SECTION 8. Suspension and Modification of Ordinances.
a. Any ordinances or regulations that conflict with this amended proclamation
are suspended or modified as necessary to make this amended
proclamation effective.
b. Any ordinance or regulation that imposes an obligation upon the City to
bring an application, waiver, or variance to the next available meeting
required by ordinance to any board or commission is hereby suspended,
including but not limited to the following ordinances:
1. 7220 — Public hearing and notice for a Conditional Use Permit.
2. 7325 -- Public hearing and notice for a Variance.
3. 7430 — Public hearing and notice for Administrative Appeals.
4. 7525 — Public hearing and notice for Zoning Amendments.
C. The following City of Wichita Falls Code of Ordinances are hereby
suspended:
1. Chapter 10, Article 111. — Shows, Carnivals and Circuses. Transient show
permits shall not be issued.
2. Chapter 26, Article III. — Solicitors. Solicitation permits shall not be
issued.
3. Chapter 26, Article IV. — Itinerant Merchants. Itinerant merchant permits
shall not be issued.
4. Chapter 14, Article IV, Division 3, Sec. 14-373(b) - (e). — Waiver of
requirement to provide proof of rabies vaccination and spay/neuter
reclaimed animal.
d. The following are hereby modified:
1. Chapter 22, Article II, Sec. 22-27. — Changes, Section 109.1 Payment
of fees shall be modified as follows:
a. The building official shall have the authority to issue a permit without
fee and issue an invoice for said permit to be paid at a later date.
2. Chapter 58, Article IV, Sec. 58-138(c)(1) shall be modified as follows:
a. A manager of operations of a public or semi-public aquatic facility
shall obtain certification from the regulatory authority. A manager of
operations may obtain certification if a manager of operations has
successfully completed a training course conducted by the
regulatory authority in the preceding three years.
e. Suspension or modification of the ordinances and regulations shall remain
in effect until these regulations are terminated or until the state of disaster
is terminated, whichever is sooner.
SECTION 9. Failure to Comply. Failure to comply with any of the provisions of
this Order constitutes an imminent threat to public health.
SECTION 10. Enforcement. The Wichita Falls Police Department, Wichita County
Sheriff's Office, the Wichita Falls Fire Marshal's Office, and other Texas peace officers,
are hereby authorized to enforce this order. A violation of this order may be punishable
through criminal or civil enforcement. A violation of this order shall be a misdemeanor and
the penalty for violating this order shall be a fine of not less than one dollar ($1.00) and
no more than one thousand dollars ($1,000.00), as authorized by Texas Government
Code 418.173.
SECTION 11. Legal Remedy. Any violation of this resolution can be enjoined by
a suit filed in the name of the City of Wichita Falls in a court of competent jurisdiction, and
this remedy shall be in addition to any penal provision in this Order or in the Code of
Ordinances, City of Wichita Fails, Texas.
SECTION 12. Posting of this Order. The Wichita Falls/Wichita County Public
Health District will post this Order on its website.
SECTION 13. Savings Clause. If any provision of this Order or its application to
any person or circumstance is held by a court of competent jurisdiction to be invalid or
unconstitutional, then the remainder of the Order, including the application of such part
or provision to other persons or circumstances, shall not be affected and shall continue
in full force and effect. To this end, the provisions of this Order are severable.
ORDERED this the 27th day of March, 2020, in the City of Wichita Falls, Wichita
County, Texas, in witness whereof I subscribe my name and cause to be affixed the seal
of the City of Wichita Falls.
Stephen Santellana, Mayor
City of Wichita Falls
Filed with me, the City Clerk of the City of Wichita Falls, this 271t' day of March,
2020, by Mayor Stephen Santellana, whose signature I hereby attest under my hand and
the seal of the City of Wichita Falls.
Vid"I'L-1 A 6 d 4vwz, —
Marla Balthrop, City -'Clerk(
Citylof Wichita Falls
t 1. Department of Homeland Security
Crbersecurity & Inrraaructmc Sei.ur is Agency
,7fce of ,he Director
lieehingwn. DC 2051E
�.F
CISA
klatch 19, 2020
MEMORANDUM ON IDENTIFICATION OF F=SSF:i\TIAL CRITICAL
INFRASTRUCTURE WORKERS DURING COVIU-19 RESPONSE
FROM. Christopher C, Kr&"
Director
C:)bcrsecuril% and lnfi-:ysiructure Security leenc% (('IS 1M
As the Nation comes together to slow the spread of COV ID-19, oil March 16". the President issued
updated Coronavirus Guidance for America. This guidance states that:
" f i ou work in to rrilieal utf •asfr•rrr•aa•e indimiry a% flc fixed ht I/it UeparNnem e J
ihmiclaxd Srrurhv, sueli as healthcare .see-lwe ti axd lyhursrrrc extii u! rxrrl food ,ugrph . loll
have a spec ial re.+l>uacilyiiin to rrtuimain row xor•rsal trork schedlde '
The C%hersecurit,. and Infrastructure Securil\ Agent% (C ISA) executes the Sceretar� of I1c)meland
Security's responsibilities as assigned under the I lomeland ticcurit� Act ot'2002 to prop ide strategic
guidance, promote a national unite oi' ellort, and coordinate lite overall federal of 6ri to ensure the
seeuriq and resilience of the Nation's critical infrastructure. CISA uses trusted partnerships N(ith
both fire public and private sectors to deliver inl'rastructure resilience assistance and guidance to a
broad range ol• partners,
In accordance "kh this mandate. and in collaboration %%till other federal agencies and the private
sector. CISA dcticloped an initial list of"'Essential Critical lnl•rastructure Workers" to help State and
local officials as they ssork to protect their communities. k+hile ensuring continuitN of luncuons
critical to public health and safety, as ✓%ell as economic and national securitN. I•he list can also)
inform critical infrastructure community decision -making to determine the sectors. sub sectors.
segments, or crit cal functions that should continue normal operations, appropriate[% inAilied to
account for Centers for Disease Control ((a)C') worklbrcc and customer protection guidance.
'I he attached list identifies %%orkers Who CondnCI a range of operations and terN ices that are essential
to continued critical infrastructure viability, including stalling operations centers, maintaining and
repairing critical infrastructure. operating call centers. working construction, and performing
management functions, among others, The industries the) support represent, but are not necessarily
limited to, medical and healthcare. telecommunications. information tcchnolog. systems, dcicnse.
food and agriculture. transportation and logistics. energy. %%ater and %%astes+atcr. law enforcement.
and public %%orks.
EXHIBIT A
We recognize that State, local, tribal, and territorial governments are ultimately in charge of
implementing and executing response activities in communities under their jurisdiction, while the
Federal Government is in a supporting role. As State and local communities consider
COVED-19-related restrictions. CISA is o1kring this list to assist prioritiiing activities related to
continuity of operations and incident response, including the appropriate movement of critical
inlrastructure workers within and bets+een jurisdictions.
Accordingly, this list is advisory in nature. II is not, nur should it be considered to be, a federal
directive or standard in and of itself.
In addition. these identified sectors and workers are not intended to be the authoritative or exhaustive
list of critical infrastruCutrc sectors and lmictions that should continue during the COVID-19
response. Instead. State and local officials should use their oN%n judgment in using their authorities
and issuing implementation directives and guidance.5imilarly. critical infrastructure industry
partners %N ill use Iheirown judgment. informed by this list. h+ensure continued operations of critical
inkastrucuare services and functions. All decisions should appropriately balance public safet} %%hile
ensuring the continued delivery of critical infrastructure services and functions.
CISA %kill continue to work with you and our partners in the critical infrastructure communit% to
update this list as the Nation's response to COVID-19 evolves. We also encourage you to submit
hrn% you aright use this list so that we can develop a repository of use Cases for broad sharing across
the countr%.
Should you have questions about this list, please contact VISA at ((:�, ,( % I ;e ciNa dn� L!-
Attachment: "Guidance on the Lssential Critical Intiastructure W orkforce: Fnsuring ( onimunity
and National Resilience in COVID-19 Response"
EXHIBIT A
Guidance on the Essential Critical Infrastructure Workforce:
Ensuring Community and National Resilience In COVID-19
Response
Version 1.1 (March 23, 2020)
THE IMPORTANCE OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS
Function. ng crit cal nfrastructure is imperative during the response to the COVID-19 emergency for both public health
and safetyas we I as community wel. being. Certa n cr tical infrastructure ird.istries have a special responsibi-ity in
these times to cant nue operations.
This gu dance and accompanying list are intended to support State, Local, and industry partners i n identifying the
critical infrastructure sectors and the essential workers needed to mainta n the services and functions Amencans
depend on da ly and that need to be able to operate res riently dur. r g the COVID-19 pandemic response.
This document gives guidance to State, local. tnba!, and territorial jurisdictions and the private sector on defining
essent a critical infrastructure workers. Promoti rig the ability of such workers to continue to work during per ads of
community restriction, access management.. soda distant rig. or closure orders:'directives is crucial to community
resilience and continuity of essential functions.
CONSIDERATIONS FOR GOVERNMENT AND BUSINESS
rh s list was dove oped in consultation with federal agency partners, industry experts. and State and local officials,
and s based on several key principles:
1 Response efforts to the COVID-19 pandemic are locally executed. State managed, and federal y supported
2 Everyone should follow guidance from the CDC, as well as State and ocal government officials, regard rig
strategies to limit disease spread.
3 Workers should be encouraged to work remotely when possible and focus on core business activities. In
person, non -mandatory activities should be delayed until the resumption of normal operatans.
4 When continuous remote work is not possible, businesses should enlist strategies to reduce the likelihood of
spreading the disease. This includes. but s not necessarily limited to, separating staff by off -setting shift
hours or days and/or social distancing. These steps can preserve the workforce and allow operat ons to
continue.
EXHIBIT A
a Al organizations should implement their business continu ty and pandemic p ans, or put plans in place if they
do not ex st. Delaying implementation is not advised and puts at risk the viability of the business and the
health and safety of the employees.
is In the modern economy, re, lance on technology and just- n-time supply cha ns means that certain workers
must be able to access certain sites. facilities, and assets to ensure continuity of functions.
Government employees, such as emergency managers, and the business community need to establish and
maintain . ines of communicat on.
b When government and businesses engage in disc.,ssions about critical infrastructure workers, they need to
consider the mplications of business operations beyond the jurisdiction where the asset or facility is located.
Businesses can have sizeable econom-c and societal impacts as well as supply chain dependencies that are
geograph cal ydistributed.
9 Whenever possible, jurisdictions should align access and movement control policies related to critical
infrastructure workers to lower the burden of workers cross ngjurisdictional boundaries.
IDENTIFYING ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS
The following list of sectors and identified essential critical infrastructure workers are an initia recommended set and
are intended to be overly inclusive reflectingthe diversity of industries across the United States. CISA will cant nually
solicit and accept feedback on the list (both sectors/sub sectors and identified essential workers) and wi I evolve the
list in response to stakeholder feedback. We will also use our various stakeholder engagement mechanisms to work
with partners on how they are using this I st and share those lessons learned and best practices broadly. We ask that
you share your feedback, both positive and negative on this list so we can prov de the most useful guidance to our
critical infrastructure partners. Feedback can be sent to CRA.C,,iTarlV 1711-1; t,CVl.
Essential Critical
Infrastructure
Workers
CISA
EXHIBIT A
HEALTHCARE/ PUBLIC HEALTH
• Workers providing COVID-19 testing; Workers that perform critical clinical research needed for COVID-19
response
• Caregivers (e.g., physicians, dentists, psychologists, mid -level practitioners, nurses and assistants, infection
control and quality assurance pe(sonnel, pharmacists, physical and occupational therapists and assistants,
social workers, speech pathologists and diagnostic and therapeutic technicians and technologists)
• Hospital and laboratory personnel (Including accounting, administrative, admitting and discharge, engineerin&
epidemiological, source plasma and blood donation, food service, housekeeping, medical records, information
technologyand operational technology, nutritionists, sanitarian, respiratory therapists, etc.)
• Workers in other medical facilities (including Ambulatory Health and Surgical, Blood Banks, Clinics, Community
Mental Health, Comprehensive Outpatient rehabilitation, End Stage Renal Disease. Health Departments. Home
Health care, Hospices, Hospitals, Long Term Care, Organ Pharmacies, Procurement Organizations, Psychiatric
Residential, Rural Health Clinics and Federally Qualified Health Centers)
• Manufacturers, technicians, logistics and warehouse operators, and distributors of medical equipment.
personal protective equipment (PPE), medical gases, pharmaceuticals (including materials used in
radioactive drugs), blood and blood products, vaccines, testing materials, laboratory supplies, cleaning,
sanitizing, disinfecting or sterilization supplies, and tissue and paper towel products
• Public health / community health workers, including those who compile, model, analyze and communicate
public health Information
• Blood and plasma donors and the employees of the organizations that operate and manage related activities
• Workers that manage health plans, billing, and health information, who cannot practically work remotely
• Workers who conduct community -based public health functions, conducting epidemlologic surveillance,
compiling, analyzing and communicating public health information, who cannot practically work remotely
• Workers performing cybersecurity functions at healthcare and public health facilities, who cannot practically
work remotely
• Workers conducting research critical to COVID-19 response
• Workers performing security. Incident management, and emergency operations functions at or on behalf of
healthcare entities including healthcare coalitions, who cannot practically workremotely
• Workers who support food, shelter, and social services, and other necessities of life for economically
disadvantaged or otherwise needy individuals. such as those residing Insheiters
• Pharmacy employees necessary for fIIlingprescrlptions
• Workers performing mortuary services, including funeral homes, crematoriums, and cemetery workers
• Workers who coordinate with other organizations to ensure the proper recovery, handling, identification,
transportation, tracking, storage, and disposal of human remains and personal effects: certify cause of death;
and facilitate access to mental/behavioral health services to the family members, responders, and survivors of
an incident
EXHIBIT A
LAW ENFORCEMENT, PUBLIC SAFETY, FIRS` RESPONDERS
• Personnel in emergency management !aw enforcement, Emergency Management Systems, fire, a r
medical, and corrections, includingfrcnt line and management
• Emergency Modica ServiceTechmclans
• 911 call center employees
• Fusion Center employees
• Hazardous material responders from government and the pnvatesector.
• Workers - includ, rig contracted vendors — who maintain, manufacture, or supply digital systems
infrastructure supportinglaw enforcement emergency service. and response operations.
FOOD AND AGRICULTURE
• Workers supporting groceries, pharmacies, convenience stores, and other retail that sells human food, animaVpet food, and
beverage products
• Restaurant carry -out and quick serve food operations - Carry -out and delivery food employees
• Food manufacturer employees and the'r supplier employees-4o include those employed in food processing
(packers, meat processing, cheese plants, milk plants, produce, etc.; facilities: livestock, poultry, seafood
slaughter facilities: pet and animal feed processing facilities: human food facilities producing by-products for
animal food: beverage production facilities: and the production of food packaging
• Farm workers to Include those employed in animal food, feed, and ingredient production, packaging, and
distribution: manufacturing, packaging, and distribution of veterinary drugs: truck delivery and transport; farm
and fishery labor needed to produce our food supplydomestical;y
• Farm workers and support service workers to include those who field crops: commodity inspection: fuel ethanol
facilities: storage facilities: and other agricultural inputs
• Employees and firms support rig food, feed, and beverage distribution, including warehouse workers, vcndor-
managed inventory controllers and blockchain managers
• Workers supporting the sanitation of all food manufacturing processes and operations from wholesale tr, rctai
• Company cafeterias - in -plant cafeterias used to feed employees
• Workers in food testing labs in private industries and in institutions of higher education
• Workers essential for assistance programs and government payments
• Employees of companies engaged In the production, storage, transport, and distr button of chemicals,
medicines, vaccines, and other substances used by the food and agriculture industry, ncluding pesticides.
herbicides, fertilizers, m nerals, enrichments, and other agr cultural production aids
• Animal agriculture workers to include those employed In veterinary health: manufacturing and distribution of
animal medical materials, animal vacc nes, an mal drugs, feed ingredients, feed, and bedding, etc :
transportation of live an mats. animal medical materials: transportat on of deceased anima s for disposal:
raising of animals for food: animal production operations; s aughter and packing plants, renderers, and
associated regulatory and government workforce
• Workers who support the manufacture and distribution of forest products, including, but not :imited to timber.
paper. and other wood products
• Employees engaged in the manufacture and maintenance of equipment and other infrastructure necessary to
agricultural production and distribution
EXHIBIT A
ENERGY
Electricity industry:
• Workers who maintain, ensure, or restore, or are involved in the development, transportation, fuel
procurement, expansion, or operation of the generation, transmission, and distribution of electric power,
including call centers, utility workers, reliability engineers and fleet maintenance technicians
• Workers needed for safe and secure operations at nuclear generation
• Workers at generation, transmission, and electric blackstart facilities
• Workers at Reliability Coordinator (RC). Balancing Authorities (BA), and primary and backup Control Centers
(cc), including but not limited to independent system operators, regional transmission organizations, and
balancing authorities
• Mutual assistance personnel
• IT and OT technology staff - for EMS (Energy Management Systems) and Supervisory Control and Data
Acquisition (SCADA) systems, and utility data centers: Cybersecurity engineers: cybersecurity risk management
• Vegetation management crews and traffic workers whosupport
• Environmental remediation/monitoringtechnicians
• Instrumentation, protection, and control technicians
Petroleum workers:
• Petroleum product storage, pipeline, marine transport, terminals, rail transport, roadtransport
• Crude oil storage facilities, pipeline, and marinetransport
• Petroleum refinery facilities
• Petroleum security operations center employees and workers who support emergency responseservices
• Petroleum operations control rooms/centers
• Petrolr u'n drilling, extraction, production, processing, refining, terminal operat ons, transporting, and retail for
use as end -use fuels or feedstocks for chemical manufacturing
• Onshore and offshore operations for malntenance and emergency response
• Retail fud centers such as gas stations and truck stops, and the distribution systems that support them
Natural and propane gas workers:
• Natural gas transmission and distribution pipelines. including compressorstations
• Underground storage of natural gas
• Natural gas processing plants, and those that deal with natural gasliquids
• L gjefied Natural Gas (LNG)facilities
• Natural gas security operations center, natural gas operations dispatch and control rooms/centers natural gas
emergency response and customer emergencies, including natural gas leak cal s
• Drilling, production, processing, refining, and transporting natural gas for use as end -use fue s, feedstocks for
chemical manufacturing, or use in electricitygcneration
• Propane gas dispatch and control rooms and emergency response and customer emergencies, including
propane leak calls
• Propane gas serv,ce maintenance and restoration, including call centers
EXHIBIT A
• Processing, refining, and transporting natural liquids, including propane gas, for use as end -use fuels or
feedstocks for chemical manufacturing
• Propane gas storage, transmission, and distributioncenters
WATER AND WASTEWATER
Employees needed to operate and me. ntain dunking water and wastewater/drainage nfrastructure, including:
• Operational staff at water authcrities
+ Operational staff at commun ty water systems
• Operational staff at wastewater treatment facilities
• Workers repairing water and wastewater conveyances and performing req .,red sampling or monitor ng
• Operational staff for water distribution and testing
• Operational staff at wastewater collection facilities
• Operational staff and technical support for SCADA Controlsystems
• Chemical suppliers for wastewater and personnel protection
• Workers that maintain digital systems infrastructure supporting water and wastewater operations
TRANSPORTATION AND LOGISTICS
• Employees supporting or enabling transportation functions, including truck dr vers, bus drivers.
dispatchers, maintenance and repair technicians, warehouse workers, trick stop and rest area workers.
and workers that maintain and inspect infrastructure finclud ng those that requ.re cross junsdiction travel)
• Employees of firms providing services that enable logistics operations, nc uding cooling, storing, packaging,
and distributing products for wholesale or retail sale or use.
• Mass transit workers
• Workers responsible for operating dispatching passenger. commuter and freight trains and mainta ni ng rail
nfrastructure and equ pment
• Maritime transportat on workers - port workers, mariners, equlpmentoperators
• t rue 4 drivers who haul hazardous and waste materials to support cut cal ,nfrastructure, capabilit es, f,inct ons,
and services
• Automotive repair and maintenance faci hies
• Manufacturers and distributors (to include service centers and related operations) of packaging materials
pallets, crates, containers, and other supplies needed to support manufacturing, packaging staging and
distributionoperat ons
• Postal and shipping workers, to include privatecompanies
• Employees who repa rand maintain vehicles, a rcraft, ra i equipment, marine vessels, and the eq+iipmentand
infrastructure that enables operations that encompass movement of cargo and passengers
• Air transportation employees, including air traffic controllers and maintenance personnel, ramp workers,
av ation and aerospace safety, security. and operations personnel and accident nvestigat ons
• Workers who support the maintenance and operation of cargo by a r transportation, inc udingflight crews,
ma ntenance, airport operations. and other on and off airport facilitiesworkers
EXHIBIT A
• Workers who support the operation, inspect -on, anr; maintenance of essential dams, ocks and levees
• Workers who support the operat on, inspect on. and maintenance of essential public works facilit es ar.d
operations, including bridges, water and sewer ma+ri breaks, fleet maintenance personnel, construction of
critical or strategic infrastructure, traffic s'gna: maintenance, emergency location sere ces for buried utilities,
maintenance of digital systems Infrastructure supporting pub is works operations, and other emergent issues
• Workers such as plumbers, electricians. extermirators, and other service providers who provide services that
are necessary to maintaining the safety, sanitat on, and essential operation of residences
• Support, such as road and line c earing, to ensure the availability of needed facilities, transportation, energy
and communications
• Support to ensure the effective removal, storage, and dispose of residential and commerc al solid waste and
hazardous waste
COMMUNICATIONS AND INFORMATION TECHNOLOGY
Communications:
• Maintenance of communications infrastructure- including pr.vately owned and maintained communication
systems- supported by technicians, operators call -centers, wireline and w reless providers, cable service
providers, satellite operations, undersea cable landing stations �Jnclud ng cable marine depots and
submarine cable ship operators}, Internet Exchange Points, and manufacturers and distributors of
communications equipment
• Workers who support radio, television, and media service. ricluding. but not limited to front line news
reporters, studio, and technicians for newsgathering and reporting
• Workers at Independent System Operators and Regional Transmiss on Organizations. and Network Operations
staff, engineers and/or technicians to manage the network or operate faciliti es
• Engineers, technicians and associated personnel responsible for infrastructure construction and restoratior,
including contractors for construction and engineering of fiber opticcables
• Installation, maintenance and repair technicians that establish, support or repair service asneeded
• Central off ce personnel to maintain and operate central office, data centers, and other network office facilities
• Customer service and support staff, including managed and professional sere ces as well as remote providers
of support to transitioning employees to set up and maintain home offices, who Interface with customers tr,
manage or support service environments and security issues, including payrol , billing, fraud, and
trot, bleshooting
• Dispatchers involved with service repair and restorat-on
Information Technology:
• Workers who support command centers, including, but not limited to Network Operations CommandCenter,
Broadcast Operations Control Center and Security Operations Command Center
• Data center operators, including system administrators, HVAC & electrical engineers, secur ty personnel. IT
managers, data transfer solutions engineers, software and hardware engineers, and database administrators
• Client service centers, field engineers, and other technicians supporting critics infrastructure. as well as
EXHIBIT A
manufacturers and supply chain vendors that prov de hardware and software, and information technology
equipment (to include microelectronics and semiconductors) for critical infrastructure
• Workers responding to cyber incidents involving critical infrastructure, including medical facilities. SLTT
governments and federal facilities, energy and ut I ties, and banks and financial institutions, and other critical
Infrastructure categor es and personnel
• Workers supporting the provision of essential global, national and local Infrastructure for computing services
(incl. cloud computing services), business Infrastructure, web -based services, and critical manufacturing
• Workers supporting communications systems and Information technology used by law enforcement, public
safety, med cal, energy and other Grit cal industries
• Support required for continuity of services, includingjanitoriaVeleaning personnel
OTHER COMMUNITY -BASED GOVERNMENT OPERATIONS AND ESSENTIAL.
FUNCTIONS
• Workers to ensure continuity of bulldingfunctions
• Security staff to maintain build ng access control and physical securitymeasures
• Elections personnei
• Federal, State, and Local, Tribal, and Territorial employees who support Mission Essentia Functions and
communications networks
+ Trade Officials (FTA negotiators, internat oval data flowadministrators)
Weatherforecasters
Workers that maintain dig tat systems infrastructure supporting other critical government operations
+ Workers at operations centers necessary to maintain other essential functions
• Workers who support necessary credentialrng vest ng and licensing operations for transportation workers
Customs workers who are critical to facii,tating trade in s.ipport of the national emergency response supply
chain
• Educators support ng public and private K-12 schools, colleges, and universities for purposes of facilitating,
distance learning or performing other essential ft. nctions, it operating under rues for social distancing
• Hotel Workers where hotels are used for COVID-19 mitigation and containment measures
CRITICAL MANUFACTURING
• Workers necessary for the manufacturing of materials and products needed for medical supply chains, and
for supply chains assoc ated with transportation, energy, commun,cations, food and agriculture, chcmicaI
manufacturing, nuclear facilities,the operation of dams, water and wastewater treatment, emergency
services, and the defense Industrial base Addit onally, workers needed to maintain the cont nutty of these
-qanufacturing fun-tions and associated supply chains.
HAZARDOUS MATERIALS
• Workers at nuclear facilities, workers managing medical waste, workers managing waste from pharmaceuticals
and medical materia production, and workers at laboratories processing testkits
• Workers who support hazardous materials response and cleanup
• Workers who maintain dig tat systems nfrastructure supporting hazardous materials management operations
EXHIBIT A
• Workers who are needed to process and maintain systems for processing financial transact ons and services
(e.g., payment, clearing, and settlement: wholesale funding: insurance services: and capital markets activities)
• Workers who are needed to provide consumer access to banks ng and lending services inc;ud ng ATMs, and to
move currency and payments (e.g.. armored cashcarriers)
• Workers who support financial operations, such as those staffing data and security operat ons centers
CHEMICAL
■ Workers supporting the chemical and Industr al gas supply cha° ns, including workers at chemical manufacturing
plants, workers in laboratories, workers at distribution facilities, workers who transport basic raw chemica
materials to the producers of industrial and consumer goods, ncluding hand sanit zers, food and food
addit ves, pharmaceuticals. textiles, and paper products.
Workers supporting the safe transportation of chemicals. including those supporting tank truck cleaning
facilities and workers who manufacture packaging items
Workers supporting the production of protective clean ng and medics solutions, personal protective equipment.
and packaging that prevents the contain -nation of food, water, medicine, among others essential products
• Workers supporting the operation and maintenance of facilities (particularly those with high risk chemicals and/
or sites that cannot be shut down) whose work cannot be done remotely and requires the presence of highly
trained personnel to ensure safe operations, including plant contract workers who prov-de inspections
• Workers who support the production and transportation of ch orine and a kali manufacturing, single -use
plastics, and packaging that prevents the contamination or supports the continued manufacture of food, water,
medicine, and other essential products, includ ng glass conta nor manufacturing
DEFENSE INDUSTRIAL BASE
• Workers who support the essential services required to meet nations security commitments to the federal
government and U S. Military. These individuals, include but are not limited to, aerospace, mechanical and
software engineers. manufacturing/production workers: IT support: security staff. security personnel:
ntelligence support a rcraft and weapon system mechanics and maintainers
• Personnel working for companies, and the r subcontractors, who perform under contract to the Department of
Defense providing materials and services to the Department of Defense, and government-owned/contractor-
operated and government -owned; government -operated facilities
EXHIBIT A
2
3,
EXHIBIT B
Critical Infrastructure Designations and Obligations
"Critical Infrastructure" is defined as all public and private facilities and assets,
including both physical and cyber systems, and other functions and sectors vital to
the security, governance, public health, safety, and economic continuity of the City
of Wichita Falls.
Critical Infrastructure includes but is not limited to the following:
a. Banking and financial institutions;
b. Transit and transit facilities, transportation services, equipment and facilities;
c. Power, water, telecommunications, natural gas, and public utilities;
d. Critical manufacturing, including components for primary metals, machinery,
electrical equipment and components, health and safety products and
equipment, and transportation equipment;
e. Auto and vehicle parts manufacturing and assembly plants;
f. Technology manufacturing companies;
g. Information and communications, including press;
h. Emergency services;
i. Public health and medical services;
j. Fire and law enforcement;
k. Public works;
L Agriculture and food;
m. Airport facilities and operations;
n. Sanitation services;
o. Other City government buildings or facilities, as designated by the City
Manager;
p. Construction, including public works construction, and construction of
affordable housing or housing for individuals experiencing homelessness,
social services construction, and other construction that supports essential
uses, including essential businesses, government functions, or critical
infrastructure, or otherwise as required in response to this public health
emergency; and,
q. Personnel and industries identified in the U.S. Department of Homeland
Security Cyber and Infrastructure Security Agency's ("CISA") Essential Critical
Infrastructure Workforce Memorandum dated March 19, 2020, to continue their
operation appropriately modified to account for CDC workforce and consumer
protection guidance.
Recommendations for Employees
a. Employees who work in and around Critical Infrastructure should refrain from
reporting to work when failing within any of the following criteria and should
follow the initial self -quarantine recommendations:
L Has signs or symptoms of a respiratory infection, such as a cough,
shortness of breath, or sore throat;
EXHIBIT B
ii. As a fever greater than 99.6°F;
iii. In the previous 14 days has had contact with someone with a confirmed
diagnosis of COVID-19 and did not have the appropriate personal
protective equipment designated by the Centers for Disease Control and
Prevention (CDC); is under investigation for COVID-19; or is ill with a
respiratory illness; or
iv. Has traveled to an area the World Health Organization or CDC considers
a °Hotspot."
4. Requirements for Employers
a. Employers include public and private employers located and operating in and
out of Critical Infrastructure. To prevent stigma and discrimination in the
workplace, employers shall only adhere to the recommendations described in
this Order to determine risk of COVID-19. Employers should contact their own
human resources advisors and shall not make determinations of risk based on
race, color, religion, sex, sexual orientation, gender identity, age, familial status,
disability, marital status, student status, creed, national origin. To the extent
possible, employers should maintain confidentiality of people with suspected or
confirmed COVID-19.
b. Employers shall follow the Requirements in Exhibits A and B, as applicable.
c. Employers shall only allow persons in and around Critical Infrastructure that
are: (1) employees not subject to any of the criteria in 3.a. above, (2) customers
or members of the public to the extent Social Distancing can be maintained and
the Requirements in Exhibit A are followed, and (3) persons with legal authority
to enter, such as law enforcement.
d. Prior to allowing employees into its facility, employers shall ask all employees
if they meet any of the criteria in 3.a. above, and shall direct employees to
return home if the employee is exhibiting symptoms and presenting a threat of
infecting other employees at the Critical Infrastructure facility
e. Employers shall immediately separate an employee who becomes sick or
demonstrates a temperature greater than 99.6 F while at work from other
employees and send that employee home.
f. Human resources departments at Critical Infrastructure facilities shall create
alternate work plans to help employees remain productive while keeping the
workforce safe and healthy.
g. Employers are strongly encouraged to require employees (either those
exhibiting symptoms or all employees) to undergo non-invasive temperature
readings prior to entering a Critical Infrastructure facility; however, employers
are not mandated to take the temperature of employees prior to entrance to its
facility. If the employer does take employees' temperatures and/or has first-
hand knowledge that the employee's temperature exceeds 99.6°F, then the
employer shall prohibit the employee from entering the facility or property.
h. Employers shall create and implement an infectious disease response plan.
5. Future Requirements for Temperature Screening of Critical Infrastructure
Employees.
EXHIBIT B
When there are sufficient supplies and a need is determined by the Health
Authority, it may be ordered that employers screen the temperature of all
employees entering facilities. Notice of this requirement will be posted on the
Wichita Fails -Wichita County Public Health District website. Whenever possible,
the Health Authority will attempt to provide written notice by email to impacted
entities.
EXHIBIT 8