HomeMy WebLinkAboutR-93-0224a-93-197
3/30/93
V6 0
93- 224
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
AGREEMENT, IN SUBSTANTIALLY THE ATTACKED
FORM, BETWEEN THE CITY OF MIAMI, THE STATE OF
FLORIDA AND THE FEDERAL EMERGENCY MANAGEMENT
AGENCY (PENA), FOR THE PURPOSE OF SETTING
FORTH THE PARTIES RESPONSIBILITIES IN
CONNECTION WITH THE DEVELOPMENT AND SUPPORT
OF A LOCAL URBAN SEARCH AND RESCUE TASK FORCE
SPONSORED BY THE CITY OF MIAMI FIRE
DEPARTMENT, CONTINGENT UPON FUNDING FOR SAID
PROJECT BEING SECURED IN THE FORM OF GRANTS
AND REIMBURSEMENTS FROM STATE AND FEDERAL
SOURCES.
WHEREAS, the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Public Law 93-288, as amended) (the
"Stafford Act") provides the authority for the Federal government
to respond to disasters and emergencies in order to provide
assistance to save lives and protect public health, safety, and
property; and
WHEREAS, the Federal Response Plan (for Public Law 93-288,
as amended) (the "Plan") addresses the consequences of any
disaster or emergency situation in which there is a need for
Federal response assistance under the authorities of the Stafford
Act; and
ATTAINMENT (S)I
CONTAINED
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93- 224
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WRSRFAS, in a000rdanoe with the Plan, the Federal Smergenoy
Management Agency (VERA) hag created a nationwide network of
Urban Search and Rescue (USYR) Task Forces strategically located
throughout the United States; and
WHEREAS, the scope of US&R activities in response to a
catastrophic disaster includes locating, extricating and
providing for the immediate medical treatment of victims trapped
in collapsed structures; and
WHEREAS, the National USUR Response System will assist and
provide support to local fire departments which sponsor US&R
activities and assume responsibility for developing and training
a Task Force capable of being deployed within six hours in
response to a catastrophic disaster; and
WHEREAS, the City of Miami Fire Department is willing to
undertake the role of sponsoring organization for purposes of
developing an USUR Task Force in Dade County with the
participation of members from the Fire Departments of the cities
of Coral. Gables, Miami Beach, and Hialeah; and
WHEREAS, funding for the training of personnel and purchase
of USUR equipment is anticipated in the form of a grant from the
State of Florida; and
93-.224
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WHEREAS, any and all expenses incurred by the ITSNR Task
Force mobilized at the request of PEMA in response to an event
requiring said assistance are fully reimbursable by FEMA; and
WHEREAS, the City of Miami's participation in the Plan is
contingent upon the City executing a Memorandum of Agreement with
FEMA and the State of Florida;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section 2. The City Manager is hereby authorized/ to
execute a Memorandum of Agreement, in substantially the attached
form, between the City of Miami, the State of Florida and the
Federal Emergency Management Agency (FEMA) for the purpose of
setting forth the parties responsibilities in connection with the
development and support of a Local Urban Search and Rescue Task
Force sponsored by the City of Miami Fire Department, contingent
The herein authorization is further subject to compliance
with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
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r
uponfundingfunding for said project being seoured in the form of grants
and reimbursements from State and Federal souroes.
Seotion 3. This Resolution shall beoome effeotive
immediately upon it adoption.
PASSED AND ADOPTED this 15th day of
ATTE
NATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
JULIE O. BRU
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JOB/ebg/bss/M3493
XAVI
, 1993.
, MAYOR
93- 224
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MEMORANDUM OF ACR88MENT
This Agreement entered into this day of -_, 19_r by and between the
Federal Emergency Management Agwriy (FEMA) , the State of Florida, ( the "State") , and
the City of Mismie a municipal corporation of the State of Florida, (the "City").
This Agreement delineates responsibilities and procedures for Urban Search and
Rescue (US&R) activities under the authority of "The Robert T. Stafford Disaster
Relief and Emergency Act," Public Law 93-288, as amended, 42 U.S.G. S5121, et
and relevant state authorities, or when otherwise fly directed.
The provisions of this Agreement apply only to US&R Task Force activities performed
at the request of the Federal government according to the Federal Response Plan (for
Public Law 93-288, as amended), which may be provided at the option of the City, and
the State and in conjunction with, or in preparation of, a Presidential declaration
of a disaster or emergency and upon activation as outlined below in section V. (A)
PRoCEDLws . Details concerning specific working relationships on various projects
may be appended to this Agreement as they are developed.
A. Activations the formal request by FM to a firing Jurisdiction,
via procedures outlined in section V. PROCEDURES, to mobilize and
respond utilizing their Task Force. The Task Force is to arrive at a
designated point -of -departure within six (6] hours of being activated.
B. Alert: the formal notification by FEHk to a Sponsoring Jurisdiction,
via procedures outlined in section V. PROCEDURES, that an event has
occurred or is projected to occur, and that the Task Force might be
activated. Sponsoring Jurisdictions, placed on alert by MR, should
initiate activities which enhance their capability to respond to a
pending activation.
C. Associate Director: the Associate Director for the State and Local
Programs and Support. Directorate, Fly.
D. Department of Defense (DOD): the DOD, to include the military and
civilian c:ampoctents. DOD is the primary agent for coordinating US&R
efforts under Emergency Support Function (ESF) #9, US&R, of the Federal
F6esponse Plan.
B. Directors the Director of the Federal Emergency Management Agency-
F. Disaster Assistance Employee (DAE)s a temporary Federal eWloyee, hired
under the provisions of the Robert T. Stafford Disaster Relief Act.
G. Disaster Medical Assistance Me= (OW): a functional unit activated
under the NDMS which parovides austere medical care in a disaster area or
medical services at transfer points and reception sites associated with
f � . patient evacuation.
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H. F t *set gna Information and Coordination Center (EICQ : a control center
located within FEMN headquarters in Washington, DC, to provide inter-
agency dination of assistance to emergency or disaster areas.
I. Bnergetrcy SutVort Function (fiSF) i annexes to the Federal awponse Plan,
mrber+ed 1 through 12, that define functional areas of responsibility,
describe organizational structures, and provides specific assigrtonts to
federal agencies and tlepartreents to facilitate a coordinated Federal
delivery of disaster response assistance to supplement State and local
emergency response effort.
J . Federal Response Plant the Federal P asponse Plan ( for Public Law 93-
288, as amended), establishes the basis for the provision of Federal
assistance to a State and its affected local gamintents impacted by a
catastrophic or significant disaster or emergency which results in a
requirement for Federal response assistance. The Plan outlines the
planning assumptions, policies, concept of operations, organizational
structures and specific assignments of responsibility to the 27 Federal
agencies and depots, grouped into Mmrgenry Support Flmctions
(ESF), who will provide coordinated response assistance to supplement
State and local response efforts.
K. FEMA: the Federal Dmergency Management Agency.
L. Hard Match: FEWs process of matching a Sponsoring Jurisdiction's cash
expenditure with a cash reimbursement at.a predetermined ratio.
M. Incident Commander: the individual in charge of coordinating response
activities within a disaster site. Under normal circumstances this
individual will be an emergency manager from the local community
ity
responsible for incident activities including the development and
implementation of strategic decisions, and who approves the request and
allocation of resources.
N. National Disaster Medical System (NDMS): a cooperative effort of the
of health and Human Services (HHS), Department of Defense
Departmarit of Veteran Affairs (VA), FEMA, and State and local
aratus and the private sector designed to care for a large manber
of casualties resulting from either a domestic disaster or an overseas
war. The Public Health Service (PHS) treads the progrm.
O. National NMgMM[ Coordinating Center (NEW): a twenty four [24) hour
primary notification center located in Berryville, VA.
P. Participating Organization: a public, private, or individual entity who
has entered into an agreement with the Sponsoring Jurisdiction to
provide support (personnel, equipment, services or funding) for the
establishment of an US&R Task Force.
Q. Soft Matcht FEMA`s process of matching any type of by
Sponsoring Jurisdiction with a cash at a paredetQrmiiued
ratio.
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V
R. Sponsorin9 Jurisdiction: For purposes of this Agreetrent# the Sponsoring
Jurisdiction shall be the City of Miami, a municipal corporation of the
State of Florida; a public entity providing official sanction to a FED -
endorsed tWeR Task Force. The City of Miami. Fire Department will be the
administrating agency of the US&R Task Force for the City.
S. State: the State of Florida. The Division of Mrergency Managemsrtt will
be the administrating agency of the US&R Task Force for the State.
T. Task Force: a tactical component of the Federal Response Plan, under
ESF #9 - Urban Search and Rescue, composed of 56 persons divided into
functional elements of search, :rescue, medical, technical support and
management (refer to the FEMA US&R ANVonse System Manual).
U. Task Force leader: a Sponsoring Jurisdiction's representative
responsible for temp training, equipment maintenance, mobilization and
tactical direction of the Task Force.
V. Urban Search and Rescue (US&R): the term used to define the strategy,
tactics and operations for locating, providing medical stabilization and
treatment, and extrication of entrapped victims encountered in natural
and man-made disasters.
A. POR agrees to:
1. Provide coordination, when appropriate, between the City, the local
public agency in who's jurisdiction the CiWs Task Force has been
sent, the State, and other relevant gvverrand private
parties.
2. Provide limited funding and technical support ,for equipment and
training specifically aimed at sparing the City s Task Force to be
a fully operational Task Force as described in FEMA's USSR Response
System Marural. ( the US&R Manual) . FEWL will also provide assistance
to the City in obtaining supplies and equipment from Flederal and
donor sources for training and use in disaster. situations.
3. Provide full reimbursement of all costs incurred by the City's Task
Force, its Participating Organizations, and its Task Force members
as outlined in section VI. FnQ2 CIAL AGFMOWiS.
4. Provide document control at the regional office ensuring that all
zeports are directed to FEMpi , FWezal Response
Division, SL-GE-FR-OAP, Attn: US&R.
B. The State agrees to:
1. Maintain 24-hour alert capabilities, including a point -of -contact or
duty officer available at all times.
2. Uplement FE %7 s alert and activation procedure by contacting the
City whenever called upon to do so by FEM.
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3. Provide limited funding, administrative, and technical support for
equipment, training, and staffing specifically aimed at preparing
the City's Task Force to be a fully operational Task Force, as
described in FEMA s the SO Manual.
4. Provide document control at the State office ensuring that all
reports are directed to their respective FED Regional Point of
Contact.
C. rircler "Neargancy Support Function W of the POderal Response Plan, DOD
to:
1. Provide all tran8portation of the Task Force between point -of -
departure, disaster sites and return to point -of -departure.
2. Provide logistical, maintenance, and other support to deployed US&R
Task Forces.
3. Coordinate the replacement and/or rehabilitation of expended,
damaged, lost, or destroyed Task Force equipment and supplies used
in the course of operations.
D. The City agrees to:
1. Provide an administrating agency, which will be the City of Miami
Fire Depardmentt, who will carry out the herein agreed upon
responsibilities of the City.
2. Recruit and organize an Urban Search and Rescue Task Force, filling
the positions to the best of their ability according to the criteria
and guidelines described in FE[W s the MR. Nwwal .
3. Register and qualify all medical personnel on the Task Force through
the U. S. Public Health Se rvices (the VHS"), as a specialized
D[W. This includes a separate M3U with the PHS, the terms of which
will be appended to this I ft r .anitm as "Attachment B" when
completed.
4. Provide training, with limited support and guidance from the State
and FPMA, to Task Force members. Training will be consistant with
the objectives of developing, upgrading, and renewing skills as
needed to meet and maintain qualifications for the particular
positions on the Task Force according to the criteria and guidelines
described in FEW s the US&R Hernial .
S. Maintain 24 hour Task Force alert capabilities, including a 24-hour
phone number and point -of -contact, or duty officer available at all
tines.
6. Demlop, implement, and practice a Task Force personnel call -out and
equipment mobilization procedure with the objective of being fully
mobilized at a pre -designated point -of -departure within six hours
from time of activation as outlined in section V. PRO(2±DtM.
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7. Provide administrative, financial, and personnel management as t ey
relate to the Task Force. All original will be filed with
the City with copies, as outlined in VIII. FaTORTIM F=RDOM,
sent via the State to PUA, Federal Response Division, S]L -OBE-FR-SOP,
Attns US&R.
8. Develop,, maintain and provide accountability for US&R-specific
equipment purchased with matching funds from FEMN.
9. Prwide personnel and equipment for US&R-related training eymrcises,
as agreed upon with FM and the State, subject to availability of
such Task Force personnel and equipment which will be based upon
State and local requirements and priorities at the time such
persaml and equipment are needed. Requests for City participation
in sanctioned training will be provided to the City in writing.
A. Alert & Activation
1. Upon request fain State for Federal disaster
assistance, or determination by Fri that pre -positioning US&R Task
Ford is prudent,. FEMA shall request the activation of forces
necessary to respond to the emergency or disaster situation. Alert
notifications can be initiated independently by FEMh.
2. Alert and/or Activation notices shall be ecmu icated by the EIOC
or NMC, through the appropriate State Emergency Management Office,
to the City's pre -designated 24-hour emergency point -of -contact.
3. Upon notification from the State of the Task Force's activation,
the City shall info= the State within a reasonable time whether or
not they will be responding to the request, and if rearpondinq they
shall activate their Task Force via their pre -established and
practiced personnel call -out and equipment mobilization procedures.
1. The City shall. mobilize and maws their Task Force personnel and
equipment to the pre -designated point -of -departure for pickup by
DOD aircraft within six hours of official activation.
2. Upoc► arrival at the mobilization center, DOD will provide an on -
ground briefing, maps, food and housi
ng (as necessary) and other
items essential to the immediate deployment and operation of the
"! Task Force. DOD will supply a liaison officer and a radio operator
to each Task Force deployed to a disaster site.
3. DOD shall provide transportation to and from the mobilization
center and the disaster site.
4. The US&R Task Force will operate within the guidelines and
constraints outlined in the US&R Manual.
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all
C.
VI.
5. Upon ampletion of the US&R mission,, the Task Force shall be
redeployed to their original point -of -departure by DOD.
1. Urder Margency Support ftriction (ESP) #9 - Uzban Search and
Reseue, of the Federal Response Plan, DOD has the overall
all I tent responsibilities of the Task Forces from their
activation to arrival at a declared disaster area, and from
deactivation until their return to their original point -of -
departure.
2. Tactical --- - ment of US&R Task Forces will be passed from DOD to
the local or on -site Incident Cbmmander within the disaster area.
A. Future funding for training and equipment will be allocated as
determined by FEMK.
B. From the time of activation by FEM until the Task Force is
returned to a state of readiness within the city,, the City and its
Participating Qrganizations shall be fully compensated in
avoordanoe with the current employee pay schedules, benefits j, -and
policies set forth by the City and its Participating Organizations
and/or State, as mined by the parties, and agreed to by the
Federal govern ent. (See attacI - nt "a" for current hourly rates
of Task Force personnel pay schedules and benefits.)
C. Any reasonable mqxmm imzred by the City and its Participating
Organizations in filling a Task Force 1 1, : I - 8 position while the
Task For member has been activated, will be paid for by FEKk.
FM will reimburse the 4ownring Jurisdiction and the
Participating organizatiocs3 (thCouo the jurisdiction)
the normal rates of pay and backfill costs (excluding personnel
costs associated with , � bera of the medical team) accrued an a
result of activation of the task force by FEMk. FENK will not pay
personnel costs above the nor al and usual rate for that position.
It is expressly, agreed and understood by FENk,, the State,, and the
City that such personnel costs reasonably include differential
Overtime nn ; mmtion if the -- tization is required to pay such
canpensation costs In filling positions deemed critical for public
safety and well being.
D. Any reasonable expense incurred by the City and the Participating
Oacganizatians for the purpose of mobilizing izing the Task Force :in
response to a Federal activation arid/or alert and demobilizing
(rerunning the Task Force to a State Of readiness within the City)
shall be paid for by PEM.
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E. Medical Tema personnel shall be registered as a Disaster Medical
Assistance Tom members under the guidelines of the PM "National
Disaster Medical System." (See attachment "B" PHS M U). All
medical team personnel, including employees of the Sponsoring
Jurisdiction , are subject to the pay schedule and Federal benefits
established through the National Disaster Medical System. FEMN
continues to work with the PHS to establish more equitable pay
schedules for medical team personnel.
F. Task Force members shall be reimbursed for travel and per died
costs in accordance with Federal travel regulations, unless
otherwise authorized.
G. Task Force members shall be reimbursed for reasonable personal
costs of operations and maintenance incurred in conjunction with
disaster operations.
H. Task Force organizational materials, equipment, and supplies
consumed while providing requested assistance shall be reimbursed
to the City on a replacement basis. Replacement and/or
rehabilitation requests shall be submitted to DOD prior to
demobilization.
I. Rehabilitation or replacement costs of non -expendable operational
equipment will be reimbursed if the piece of equipment was used at
a disaster site or on disaster emrcises, as authorized by FEM.
FELL will consider on a case -by -case basis the replacement of lost
or stolen equipment, where that equipment was not lost or stolen as
a result of negligence on the part of the Task Force or its
personnel.
J. No Task Force or any individual Task Force member shall be
reimbursed by FEN& for costs incurred by activations outside the
scope of this Agreement.
K. The city shall act as central agent for the submission of all
reimbursement claims to FEN& via the State, and the disbursement of
all compensations from FEMA, regarding all FENA sanctioned Task
Fore Activities.
L. All equipment purchased under this Agreement will t 8 r 3ara the
property of the City, unless it was received in the name of the
Sponsoring Jurisdiction and the Participating Organizations
jointly. It will then be jointly owned and distributed if the Task
Force is dissolved under the terms and conditions outlined in
Section IV. (F) of the participating organization M.O.A. Equipment
purchased and supplied by a Participating Organization is the
property of that organization on loan to the Task Force. The
equipment supplied by the Participating Organization may be
withdrawn from use by the Task Force upon advance written notice.
M. All financial x litsments herein are made subject to the
availability of funds and subject to continued mutual. Agreement of
the parties.
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93- 224
N. With t4iption of the Medical Team ,
1 th se individuals
either
who are not enploy� of the Sponsoring Jurisdiction will 11ss as
brrght onto the Sponsoring Jurisdiction or the States paiOif the
contingent e�pl for � of consolidated billing-
urisdiction cannot a=Mlish this, FEM will
state or the local j
register these individuals as federal emplorm in conjunction with
the National US&R Prim-
VII. Imolm ivElaxws
Section 305 of the Stafford Act. Task Force Ma"utrss and ofhe'M
rA• �r Sect a function wxlertheauthority
2• agencies, performing the
8g �. are not liable for any claim9tbasperform ed that
exercise or performance of or the failure to °r
function.
including Task Force leaders, search, rescue
B. The Task Force members, 1 when activated.
and ���' r'�e are will considered
remain emplaY'� �� respecti�re
Task force members organization for salary and assessments
ynstoring or participating or9ani Federal
but upon activation,y will b9ceme
hex benefits; of the Federal Tort Claim
ee
e ploys for the tort liability pu=po
ses
Act.
f this
C. Task Force =Mbers in activitin outlined[under per the UMIS °Federal
p�q nt will be afforded the same PrO YGMC tion Act (
Tort claims act Ind the
liability, F► °r regular Fedora
ral
against taken within the scope
of their _
wit oyees for Federal the Particips►ts made in t g erence zations
section will be paid to the City o 1 and
to offset the obligations paid to their injured/dwd Pere
their beneficiaries.
VIII.
A. The City will Submit quarterly f in tine F'EMAtjemnleg and activity
to be forwarded Tonal Office,
t2 , , in C;e with irsstructions Prm -led
by the State .
B. The City will submit in writing
to the State all personnel changes as
ition of the Task This includes
try relate to the
l =qpostraining and qualification upgrades • As new
irdo- Emation of personnel position on the Task Force the relevant
MMters s omitted to
if icationa List will also be submitted to the
portioW of the l will forwar.'d this informe►tion to the FM
State. "w State in t= fob the information to FM
Regional office who will then
Hia •
will be submitted by the City via the State to
C. A copy of the PHS► FR-OP, Attu: US&R.
FM, Federal Response Division, STrOS-
member credentials, as they relate to
p. Verif icati+on of the Task Force pnanual ( will be submitted by the
City to FEM the criteria ia � State on the �1 bisis and at such other times
as ivquested by FEMh-
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93- 224
IX.
AW
.10
t will end on December 31, 19951
at which time all
A. ZZis� the association. l�r0wal will be based on
parties on agree C ability to conform with , training
� eqippmmeint O Ctheards as described in the US&R manual
t �r be modified or aQtn nded only on written ag
B. This A bL
arts shall be attached hereto. This
off n ies termand all � by � party ,, 31 clays written
emt
Mice.
provisions of EM=tive Order 11246 of
C. Fm canplies with the de - and with the rules, regulations and
septanber 24, 1965 o as Secretary of Labor which prohibits
relevant orders 1 or applicant for WVJMment on
discrimination. against any emp Oyes or national origin. In
the grounds of race, color, religion, sex.
lies and services will be in
addition, use of Federal i��i duplication of benefits and
compliance with regal nondiscriminatlies, processing
guaranteeing ion. Distribution of supp lief
of applications, provision of technical lasishedin antarce other re
n citable and
and assistance activities shall be to on the gnu of rake,
on
impartial der without discrimina or estatus-
color, religion, nationality,. g9er c�
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93- 224
ATLWT:
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CITY C EM
Ate` I*
A. Miami USAii Awsorml pay and Benefits Schedule
B. PH S/Specialized MW MOU
State
hil.cca1 '+'m and Support
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NAMEs
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NAMEs
TITLE:
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• NAME:
(seal)
mm CITY oF MIAMI
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CESAR H. ODIO
CITY HNOM
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93,- 224
Jan of am
ASSISUM CrfT A'i'TMaY
cos=ebglFaCkll2
At QUIM JCNESr III
CM A TOFWY
a
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM Cesar H. Odio
City Manager
DATE . ` +i ,� 'j 49 IQ, 3 FILE
kt� ii j
SUBJECT : Resolution Authorizing
Execution of an Agreement
with the State and FEMA to
REFERENCES: Develop a USAR Task Force
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the
attached Resolution authorizing the City Manager to execute an
Agreement between the City of Miami, the State of Florida and the
Federal Emergency Management Agency (FEMA), for the purpose of
developing an Urban Search and Rescue Task Force.
Experience gained by the Miami Fire Department in the recent major
urban disaster has dramatically demonstrated the need for specialized
Urban Search and Rescue (USAR) capabilities in the United States.
The Federal Emergency Management Agency (FEMA) has undertaken the
overall development of a National Urban Search and Rescue Response
System as an integral component of the Federal Response Plan. The
USAR Response System is a framework for structuring existing
emergency response personnel from the local level into integrated
task forces. The Task Force, replete with the necessary tools and
equipment, and requisite skills and techniques, will be available to
be deployed by FEMA and the Department of Defense (DOD) for the
rescue of victims and mitigation of hazards at large scale disasters
on a national level.
The National
USAR Response system
offers an opportunity for local
`a
='
jurisdictions
to increase their emergency and disaster preparedness.
Team members
will gain invaluable
experience through training and
disaster response. Activation and mobilization of a USAR Task Force
is 100% fully
reimbursable by FEMA
and any mobilization of a task
force is at
the discretion of
the City as the sponsoring
k
organization.
Funding for training and purchase of equipment is presently being
pursued through state resources. Additionally, through the execution
the attached Memorandum of Agreement with the state and FEMA, future
funding by FEMA is made possible. It is not anticipated that any.
funding by the City will be required other than "In -Kind" services.
93- 224
N. 94