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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 ie-4t-wo) �iln t I " APR 1 5 W3 N& 93- 224 L-1 LI 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 -a- 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. -3- 93- 224 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 -4- 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. 9 3- 224 T-,i3-117 w 4 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. -2- 93- 224 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. -3- 1 93- 224 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. -4- 93- 224 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. -5- 93- 224 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. -6- 93- 224 4 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. -7- 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- -8- 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� -9- 93- 224 ATLWT: AT Wrs 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 ngto MM/Ms SYs NAMEs 'i'lTIE: Nil) Fri, FMON IV HY: NAMEs TITLE: ( Seed ) Q - 8,44fezlsej •; �- •; � ��-,ram �„ r• BY: • NAME: (seal) mm CITY oF MIAMI Y. . CESAR H. ODIO CITY HNOM -14- 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