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HomeMy WebLinkAboutmemo of agreement2MEMORANDUM OF AGREEMENT FOR PARTICIPATING AGENCIES This Agreement is entered into this day of , 2004, by and between the City of Miami, a municipal corporation of the State of Florida (the "Sponsoring Agency"), and Palm Beach Gardens, a municipal corporation of the State of Florida, by and through its City Council (the "Participating Agency"). RECITALS WHEREAS, the Sponsoring Agency is the coordinating and sponsoring agent of the South Florida Urban Search and Rescue (US&R) Task Force, FL TF2 (the "Task Force"); and WHEREAS, as the Sponsoring Agency is responsible for mobilization of the Task Force when the Task Force is activated by the Federal Emergency Management Agency ("FEMA"); and WHEREAS, the City Commission of the City of Miami, by Resolution No. 01-484, adopted on May 24, 2001, has authorized the City Manager to enter into this Agreement with each Participating Agency on behalf of the City of Miami; and WHEREAS, in executing this Agreement, the City of Miami is acting in its capacity as Sponsoring Agent of the Task Force and not as a direct employer of the Participating Agency; and WHEREAS, the Sponsoring Agency wishes to engage the services of the Participating Agency to provide certain services to the Task Force; and WHEREAS, the Participating Agency possesses the necessary knowledge, equipment, resources, and expertise to perform the services herein required. NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: i. PURPOSE A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agency for Urban Search and Rescue activities under the search and rescue function delineated in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93-288, as amended, Sec. 403(A)(3)(b). B. This Agreement serves to implement the Scope of Work of the Cooperative Agreement between FEMA and the Sponsoring Agency. II. SCOPE A. The provisions of this Agreement apply to National US&R Response System activities performed at the request of the Federal government, provided at the option of the Sponsoring Agency, and in conjunction with, preparation for, or in anticipation of, a Presidential declaration of a major disaster or emergency. B. No provision in this Agreement limits the activities of the Task Force or its Sponsoring Agency in performing local and state functions. lII. DEFINITIONS A. Activation: The status of a System asset placed at the direction, control, and funding of FEMA in response to, or in anticipation of, a Presidential declaration of a major disaster or emergency. B. Activation Order: The FEMA notice that places a System asset onto activation status. C. Alert: A state of increased readiness initiated by an Alert Notice. D. Alert Notice: The FEMA notice that places a System asset onto alert status or that an event has occurred or is expected to occur such that System resources may be subject to activation. E. Deactivation: The removal of a System asset from activation status. F. Demobilization Order: The FEMA notice that disengages a System asset from an incident and specifies relevant information regarding activation status such as task force personnel rehabilitation time. G. Deployment: Mobilization of a Task Force, IST, or other System resource pursuant to an Activation Notice. H. Disaster Assistance Employee (DAE): An individual hired to augment permanent full-time FEMA personnel in disaster operations in the field. I. Disaster Medical Assistance Team (DMAT): A functional unit activated under the National Disaster Medical System (NDMS), a program of the United States Public Health Service (PHS), Office of Emergency Preparedness (OEP). The six -person Medical Team deployed as part of the Task Force is classified as a specialty DMAT. 2 J. Emergency information and Coordination Center (EICC): The facility used by the Emergency Support Team at FEMA Headquarters during or in anticipation of a Presidential Major Disaster or Emergency Declaration. K. Emergency Procurement: Upon Activation, the purchase by the Task Force of equipment, food and other consumables, and medicines and pharmaceuticals essential to the Urban Search and Rescue mission under the authority of the Stafford Act, Sec. 306(b)(3). L. Emergency Response Team (ERT): The interagency group that provides administrative, logistical, and operational support to the FEMA regional response activities in the field. The ERT includes an ESF-9 cell, which consists of the ESF-9 Leader and the 1ST, and supporting Federal agency representatives, as required. M. Emergency Support Function (ESF): Pursuant to the Federal Response Plan, the primary mechanism through which Federal disaster assistance is provided to assist the State in meeting response requirements in an affected area. Each ESF is coordinated by a primary agency. FEMA is the primary agency for ESF #9 - Urban Search and Rescue. N. Emergency Support Team (EST): Pursuant to the Federal Response Plan, an interagency group comprised of representatives from each of the primary agencies, select support agencies, and FEMA Headquarters staff. It operates from the FEMA EICC. O. Equipment Cache: Equipment on the US&R Equipment Cache List that a Task Force is required by FEMA to possess. P. Equipment Cache List: The FEMA-approved inventory list of equipment by type and quantity a Task Force is required to possess for operations. Q. Federal Emergency Management Agency (FEMA): Pursuant to P.L. 93-288, as amended, the Federal agency responsible for coordinating Federal assistance to State(s) affected by disasters or emergencies, which includes the development and maintenance of the National Urban Search and Rescue Response System. R. FEMA Region: The geographical subdivision of the United States through which FEMA administers its programs; the FEMA administrative unit that is the primary contact for any disaster occurring within that geographical subdivision. S. FEMA-Sanctioned Training or Exercise: A training session or exercise that has received FEMA sanction and is sponsored by an organization other than FEMA. T. FEMA-Sponsored Training or Exercise: A training session or exercise arranged for and financed by FEMA, delivered either by FEMA or by another organization. 3 U. Federal Coordinating Officer (FCO): The person appointed by the President to coordinate the Federal disaster assistance activities in each State in which a disaster or emergency has been declared. V. Federal Response Plan (FRP): Pursuant to P.L. 93-288, and as amended, the document that establishes the framework for the provision of Federal assistance to a State and its affected local governments. W. Incident Commander: The person, usually from the local jurisdiction, who is responsible for overall management of an incident. X. Incident Support Team (1ST): An element of the ESF-9 cell of the ERT that is under the direction of the ESF-9 Leader (a FEMA Regional or Headquarters employee acting as the authorizing official for ESF-9 expenditures). The 1ST is responsible for the overall command and control of all National Urban Search and Rescue Response System assets deployed for the incident. Y. Mobilization: The movement of system assets to an incident. Z. National Disaster Medical System (NDMS): A cooperative effort of the Department of Health and Human Services (HHS), Department of Defense (DoD), Department of Veterans Affairs (VA), FEMA, State and local governments, and the private sector that is designed to care for a large number of casualties resulting from either a domestic disaster or an overseas war. The Public Health Services (PHS) heads the program. AA. National Urban Search and Rescue Response System (System): The Task Forces, Incident Support Teams, Rapid Needs Assessment Team elements, and other personnel and technical teams that respond to disasters or emergencies under the direction and control of FEMA as Emergency Support Function 9 of the Federal Response Plan. BB. Participating Agency: Palm Beach Gardens, a municipal corporation of the State of Florida. CC. Point of Assembly (POA): The Miami Fire Rescue Training Center located at 3425 Jefferson Street, Miami, Florida 33133. However, this may change at the discretion of the Task Force Leader. DD. Point of Departure (POD): Is currently identified as the Homestead Air Reserve Station (HARS) located in Homestead, Florida. However, this is subject to change by FEMA or the Task Force Leader. EE. Presidential Maior Disaster or Emergency Declaration: A determination of the President that Federal assistance is needed to supplement State and local efforts, and capabilities to save lives and protect property and public health and safety or 4 to lessen or avert the threat of a catastrophe in any part of the United States. FF. Raoid Needs Assessment (RNA): A pre -designated team of technical experts from Federal, State, and local emergency management agencies alerted and employed under the command and control of FEMA to augment or supplement State and local assessment capabilities. GG. System: See National Urban Search and Rescue Response System. HH. Task Force: An integrated collection of personnel and equipment meeting standardized capability criteria, defined by FEMA, for addressing the special needs or urban search and rescue. II. Urban Search and Rescue (US&R): The process of searching for, extricating, and providing for the immediate medical treatment of victims trapped in collapsed structures, regardless of cause. IV. THE SPONSORING AGENCY'S RESPONSIBILITY A. Providing an administrative department, which shall be the City of Miami Fire - Rescue Department, authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency. B. Recruiting, organizing, coordinating, and training members for the Task Force, according to guidelines prescribed by FEMA, to the best of their ability. C. Registering and qualifying all medical personnel on the Task Force through the U.S. Public Health Service (PHS). D. Implementing a system to maintain and account for the Task Force Equipment Cache. E. Providing administrative, financial, and personnel management for the Task Force to the extent that funding is available. F. Assure all Task Force members have a FEMA-recognized employment status. G. Purchasing equipment with FEMA funding according to the latest Equipment Cache List or other equipment deemed necessary to perform day-to-day operations of the task force. H. Ensuring all personal task force equipment issued to Task Force members remains the property of the Sponsoring Agency. I Notifying FEMA when there is a change in the deployment status of the Task Force, 5 J. Maintaining 24-hour Task Force alert capabilities, including a 24-hour phone number and point -of -contact. This is identified as the City of Miami Fire Central Information Officer (FCIO) contacted through 305-579-6245 voice and 305-579- 6277 fax. K. Ensuring the Participating Agency is provided with a complete list of all equipment issued by the Sponsoring Agency to each Task Force member from the Participating Agency, including updates which indicate added, deleted, or modified equipment. V. PARTICIPATING AGENCY'S RESPONSIBILITY A. Implementing a written policy and practicing a reporting procedure for Participating Agency personnel, with the objective of notifying the Sponsoring Agency of individuals responding from their organization to the Miami Fire -Rescue Training Center when the task force is mobilized. B. Faxing a list identifying deploying and non -deploying personnel from the Participating Agency that are responding to the Miami Fire -Rescue Training Center. The fax number is: 305-445-5183. This list shall be faxed within 30 minutes of the Task Force Activation and thereafter as changes are made. C. Assuring Participating Agency personnel meet FEMA Position Description general requirements and Sponsoring Agency specific minimum requirements prior to submitting application for Task Force membership. D. Authorizing Task Force personnel from its organization to continue to participate in training opportunities provided by the Sponsoring Agency to meet the Knowledge, Skills, and Abilities for their primary position on the task force. E. Providing and maintaining a current Labor Contract on file with the Sponsoring Agency. F. Providing a current benefit percentage calculation for regular and overtime and an acceptable written justification of this percentage on file with the Sponsoring Agency. G. Task Force personal equipment issued by the Sponsoring Agency to the Participating Agency team member lost, damaged, stolen, or not returned when requested, shall be replaced by and at the expense of the Participating Agency. H. Within 30 days after the completion of a mission, the Participating Agency shall provide, to the extent permitted by law, payroll, time sheets, and other administrative documentation identified by the Sponsoring Agency for activated Participating Agency team members to assure appropriate and timely reimbursement. 6 I. Extending workers' compensation protection to its personnel while participating in Sponsoring Agency sanctioned training or cache maintenance activities while on or off duty. J. Designating a primary coordinator and ensuring this coordinator has an Electronic Mail (e-mail) address to expedite distribution of US&R-related information. K Assuring that all rostered task force members are provided the following baseline medicine screening/surveillance: a) Annual physical exam (per 29 CFR 1910.134). b) Annual medical questionnaire with assessment by physician (per 29 CFR 1910). L. Notifying the Sponsoring Agency when a Task Force Member is unavailable for longer than 21 days due to injury, illness, departmental disciplinary action, or any other legal proceeding. VI. THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE: A. That funding acquired and identified for the purchase of Task Force equipment and Task Force member training will be administered solely by the Sponsoring Agency. B. That the Sponsoring Agency is not responsible for personnel salaries, benefits, workers' compensation, or time -related issues of the Participating Agency personnel other than reimbursement from the Federal Emergency Management Agency. C. That the Sponsoring Agency and Participating Agency are state agencies or subdivisions as defined in Chapter 768.28, Florida Statutes, and each party agrees to be fully responsible for the respective acts and omissions of its agents or employees to the extent required and permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any manner arising out of this Agreement or any other contract. To the extent permitted by law, each party shall indemnify, defend, and hold harmless the other party against any action, claim, or damages arising out of their respective negligent acts or omissions in connection with this Agreement. D. That personnel operating under this Agreement may be subject to discipline by the Sponsoring Agency for violation of the Sponsoring Agency guidelines. 7 VII. FINANCIAL AGREEMENTS A. The Participating Agency shall pay its participating team members in accordance with its local payroll requirements, labor contracts, or any other relevant ordinances or procedures of the Participating Agency. B. The Participating Agency will be eligible for reimbursement from FEMA for all allowable expenses, including personnel costs associated with an Alert, Activation, and/or Demobilization. This will include the straight -time wages, overtime, and benefits as authorized by FEMA. C. The Participating Agency is eligible to hire overtime personnel on a one-to-one basis to backfill for a deployed team member. Reimbursement shall be only for the overtime portion of the salary of personnel used to backfill for activated team members during the identified activation period. No benefit percentage shall be calculated for backfill personnel. D. Sponsoring Agency shall be responsible for processing through FEMA reimbursement of the Participating Agency's allowable costs and expenses and for promptly paying all such reimbursement money to the Participating Agency. E. All obligations and financial commitments in this Agreement are made subject to the availability of funds and the continued mutual agreements of the parties. VIII. CONDITIONS, AMENDMENTS, AND TERMINATION A. The Parties will not illegally discriminate against any employee or applicant for employment on the grounds of race, color, religion, sex, age, national origin, disability, marital status, or sexual orientation in fulfilling any and all obligations under this Agreement. B. Any provision of this Agreement later found to be in conflict with Federal law or regulation, or invalidated by a court of competent jurisdiction, shall be considered inoperable and/or superseded by that law or regulation. Any provision found inoperable is severable from this Agreement, and the remainder of the Agreement shall remain in full force and effect. C. This Agreement may be modified or amended only with the written agreement of each of the parties. D. This Agreement may be terminated by either party on 30 days' written notice to the other party. 8 E. This Agreement shall be considered the full and complete agreement between the undersigned parties, and shall supersede any prior Memorandum of Agreement among the parties, written or oral, except for any executory obligations that have not been fulfilled. F. This Agreement may be executed in several parts, each of which shall be considered a valid Agreement, provided that each of the parties to the Agreement has executed at least one original copy of the Agreement and has transmitted a copy of the signature page hereof to the other parties. G. This Agreement will end an December 31, 2005, at which time the parties may agree to renew the association. Renewal will be based on evaluation of the Sponsoring Agency's ability to conform with procedures, training, and equipment standards as prescribed by FEMA. IX. ATTACHMENTS A. Participating Agency's Labor Contract, Personnel Pay, and Benefits Schedule. B. U.S. Public Health Service (PHS) / Specialized DMAT MOU. C. FEMA Memorandum of Agreement. D. FEMA Code of Conduct. 9 IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement this day of 2004. ATTEST: By: Priscilla A. Thompson City Clerk APPROVED AS TO FORM AND CORRECTNESS: By: Alejandro Vilarello City Attorney ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney SPONSORING AGENCY CITY OF MIAMI, a municipal corporation of the State of Florida By: By: Joe Arriola City Manager APPROVED AS TO INSURANCE REQUIREMENTS: Diane Ericson Administrator, Risk Management Division PARTICIPATING AGENCY CITY OF PALM BEACH GARDENS, a municipal corporation of the State of Florida By: Eric Jablin, Mayor G:lariorney_shar8 AGREEMENTSIMEMORANDUM OF AGREEMENT - fire rescue.doc 10