HomeMy WebLinkAboutExhibit 10MEMORANDUM OF AGREEMENT
This l Eement entered Federaergecy Mann into this .05. day of. October , 19 93.E by and
genent Agency (FEMA), the State of Florida,n the
the City of Miami, a municipal corporation of the State of Florida, (the Ciity") .
I. PURPOSE
This Agreerrnt delineates responsibilities and
Rescue (US&R) activities under the authority of
Relief and Emergency Act," Public Law 93-288, as
and relevant state authorities, or when otherwise
II. SCICJpE
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)
PROCEDURES. Details concerning specific working relationships may be appended to this Agreement as on various projects
they are developed.
III. DEFINITIGN
procedures for Urban Search and
eRdfl, be42
t L.t4=21,Cga:::1:
Properly directed.
A. Activation: the formalrequest
via procedures outlined in section Y ' PRXCED
red g_ to mobilize and
pond utilizinri their Task Force. The Task Force is to arrive at a
designated point-of-departurewithin si c,(5] hours of being activated.
B. e _ the formal notification by
vi,�: procedures outlined in section pto a Sponsoring Jurisdiction,
occurred or is projected to occur,ROCED[JRES, that an event has
activated. Sponsoring Jurisdictions, acedt on alert py
the Task Farce might bed
initiate activities which enhance their..ca FED, should
pending activation. pabiliLy to respond to a
C. .Associate Director: the Associate Director for the State and Local
Programs and Support Directorate, FEMA.
D. Department of Defense (DOD): the DOD, to include the military and
civilian components. DOD is the primary agent for coordinating US&R
efforts under Emergency Support FUnction (ESF) #9, US&R, of the Federal.
Response Plan.
E. Director: the Director of the Federal Emergency Management Agency.
F. Disaster Assistance Employee .(DAE); a temporary Federal 1 under the provisions of the Robert T. Stafford Disaster RelieffAct.hixed
G. Disaster Medical Assistance 'loam (D?' T) : a functional unit activated
under the NDMS which provides austere medical care in a disaster area or
medical services at transfer points and reception sites associated with
patient evacuation.
H. Emergency Information and Coordination Center (EICC): a control center
located within FENA headquarters in Washington, DC, to provide in
9e cy coordination of assistance to-
ernxgency or disaster areas.
Et-'y Support Function (ESF): anus to the Federal Response Plan,
numbered 1 through 12, that define functional areas of responsibility,
describe organizational structures, and provides specific assignments to
federal agencies and departments to facilitate a coordinated Federal
delivery of disaster response assistance to supplement State and local
emergency response effort.
J. Federal Response Plan: the Federal. Response Plan (for Public Law 93-
288, as amended), establishes the basis for the provision of Federal
assistance to a Stateand its affected local
catastrophic or significant disaster or emergency
whichh resugovernments impacted
s by a
requirement for Federal responsein a
assistance. The Plan outlines the
planning assumptions, policies, concept of operations, organizational
structures and specific assignments of responsibility to the 27 Federal
agencies and departments, grouped into
rt Functions
(ESF), who will provide coordinated responEmergency
e as ism t supplement
State and local response efforts.
K. FEMA: the Federal th ergency Management Agency.
L. Hard Match: FEM s process of matching a Sponsoring Jurisdictions cash
expenditure with a cash reimbursement at a predetermined ratio.
M. Incident Commander: the individual in charge of coordinatingresponse
activities within a disaster site. Under nr
normal circumstances this
individual will be an emergency is
9e cy manager from the . local community
responsible for incident activities including the develo
implementation of strategic decisions, and who a gnent and
allocation of resources. ppLs the request and
N. National Disaster Medical System (ISMS): a cooperative effort of the
Department of Health and Human Services (HFIS), Department of Defense
(DOD), Department of Veteran Affairs (VA), FEMA, and State and local
. gove.wi ants and the private sector designed to care for a largenumber
of casualties resulting from either a domestic disaster or an overseas
war. The Public Health Service (PHS) heads the program.
O. National EMergency Coordinating Center (NECC): 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 Match: FEwC s process of matching arry type of expenditure by.
Sponsoring Jurisdiction with a cash reimbursement at a predetermined
ratio.
R. Sponsoring Jurisdiction: For purposes of this
Jurisdiction shall be the Cityof Miami,a municipal the Sponsoring
State of Florida; a public entity �- corporation of the
endorsed US&R Tack Force. � . .The It providing fofficial sanction to a FII�
a Department will be the
administratin
9 agency y of the US&R Task Force for the City.
S. State: the State of Florida. The Division of
agency��� Management will
be the administrating of the US&R Task Force for the State.
T. Task Force: a tactical.camponent 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
manac,nt (refer to. the FED US&R Response System Manual) .
U. Task Force Leader: a Sponsoring Jurisdiction's representative
responsible for team 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.
IV. RESPCTSIBIILITrES
A.
FEMA agLu� to: -
1• Provide coordination when a _ . _....- .
, ppropriate,--between the Cray, the local
public agar y_in. who-s-- jurisdiction -the City's Task Force has been
sent,-- 'State, and other relevant governmental and private
parties.
2. Provide limited funding and technical support for equipment and
training bpecifically aimed at preparing the City's Task Force to be
a fully operational Task Fore as described in FEMA's US&R Response
System Manual (the US&R Manual). FEMA will also provide assistance
• to the City in obtaining supplies and equipment from Federal and
dons sources for training and use in disaster situations.
3. Provide full reimbursement of all costs incurredby the City's Task
Force, its Participating Organizations, and its Task Force members
as outlined in section VI. FINANCIAL,
4. Provide document control at the Regional office ensuring that all
reports are directed to FEMA Headquarters, Federal Response
Division, SL-OE-FR-OP, 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. Implement FEMA's alert and activation procedure by contacting the
City, through the Metro -Dade Office of Emergency Management,
whenever called upon to do so by FEMA.
3. Provide limited mited funding to the extent authorized by the
of the State of Florida, administrative, Legislature
ecluiPment, training, and staffingand technical support for
the fitx'specifically
s Task Forme to he ca]-lY aimed at preparing
described in FDA's the US&R Manualfully operational Task Force, as
4. Provide document control at the
reports are directed to their respective f fFE A Regional Pointin all
Contact. Regional of
C. ❑ildF.r
agrees tvw
rt on #9" of the Few DOD
Se Plan, D
1. wide all transportation 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
Task Forces. P Dyed USSR
3 Coordinate the replacement and/or re
damaged, lost, or des � habilitation of e3q�ended
in the course of operations.Task Force equipment and supplies used
D. Tt: City agrees to:
:• Pxvvide _an admi-nistrating agency,
Foe e _ an ad Department, ra which will be the Cityof
whowill c Miami
responsibilities of the City. carry, out the herein agreed upon
Recruit 'and o `• - --
rganize an Urban- Seaidh"
� Rescue Task Force, filling
the positions to the best of
'and guidelines described ins ability according to the criteria
FEMA's the US&R Mar►ual.
3. `Register and qualify all
the U.S. Public fY medical personnel on the Task Force
inc l odes a eal th Services (the' : "RE"), as a through
loe Pp ended separate ICU with
�� the; PHS of Dl+ill
Manorandum as Attachment H"which will
4 • Provide training,� when completed.
with limited support and and FEMA, to Task Force �daroe from the State
the ob es of ors . upgrading,
will be consistant with
needed eo developing, upgrading, and re
newinmeet and maintain qualifications forg skills as thepositions on the Task Force accordingto guidelines
uidelin s
described in FEMAss the US&R Manual, the criteria and guidelines
S. Maintain 24-hour Task Force alert capabilities,
phone number and point -of -contact or fi including a 24 all
times, duty officer available at all
6 • Develop, implement and
practice a Task Force personnel call -out and
equipment mobilization procedure with the objective
mobilized at a Pre -designated of being fully
from time of activation as outlined i section V. within six hours
in section V. PROCEDURES.
7. Provide
relate administrative, financial, and
the tetto with Taskthe Force. s, as outlined
original paperwork manbe fie fey
sent via the State to FEI�► lined in VIII. REPORTING be fil ,
Attu; US&R. , Federal Response Division REQ12
8. Develop, maintaintain
equipment and ride accountabili
9. purchased with matching funds from FE .for US&R-specific
Provide personal art! equipment^
as agr Fpon with FII� and the r State, ~ subjectted training exercises
such Taskruin
tand Fora? Personnel and equipment whcto availability of
Stateasnna and calequrequmentirements and priorities will thee -based upon
in sanctioned training are ceded. Requests for City t such
10. pl its�g will be provided to the City in writing.
ion
and best efforts to pursue equipment
fail secure , the City shall not for
iincur any
Force lily
Ong this Project. `�' ability for
11. maintain Task Force
for use by a ParticiiFn�Or� a state of readiness and
gored upon, and s g Organization on an emergency mailable
Procedures.pelled out in the Task Force Standard
bass, as
V.PROCEDLMES
Opeeraating
A. A1ert Activation
1. n request...._.. fztr-6----State..... _ _......; .
assistance, or detection governments for
Forces isc For et, by F that Federal disaster
recessF shall request pre Positioning Task
�Y to respond to the the activation of forces
notifications can be initiated gency or disaster Situation. Alert
Pendently by FF.MA,
2. Alert and/or Activation notices shall
toor the N , gh appropriate State m communicated by theOiEICC
ce,
''s pre -designated 24-hour �' Mana9fnt Office,
3.� ���Y point -of -contact.
Upon notification frpm. the . State of the
the City shall inform the State withinTask Forces activation,
or
not y will be respog to the a reasonable time whether they
their Task Force vest, and if respondingand practiced personnel call -out .and itheiPam-established
•
bbilization, Deployment, and Redeployment
mobilization procedures.
1. �Pl��t
�e City shall mobilize and
Niprmove their Task Force
DOD aircraft e Pre -designated point -of -de reO I and
t''it six hours of� official a rtivapoint-of-depart
turn for pickup by�.
Upon arrival at the mobilization center,
ground briefing, maps, food and housin asD will pride an on -
ground essential to the mediate g (as recess
deployment and operaaxand other
tion of the
Task Force, DOD will supply a liaison officer and a radio operator
P oyed to a disaster site.
3. SOD shall provide
center and the disaster
to and fram the mobilizationter site.
4 The US&R Task Force
will operatewithin the guidelines .and
constraints outlined
in the US&.R Manual.
5• Upon completion of
US&R mission, the Task Force shall be
redeployed to their original point -of -departure by DOD,
C. management
I. Under
b-, Support Function (ESF) #9 - Urban Search
Rescue, and
of the Federal Response Plan,
DOD activation' responsibilitiesto of the Task Forceshas the overall
arrival at a declared disaster area, from their deactivation until their return area, and from
departure. to their original point-of-
2• Tactical employment of US&R Task Forces the local or on --site Incident Commander within
be passed from DOD to
thtn the disaster area.
VI. FMNNCIAL AGREEMENTS
A. Facture funding for train.i.n
determined by Fes, g andNipment will be allocated as
F'xrt.__. the time of activation.
returned to a state of -readiness byF� until the Task Force is
Partici t' g within the city,City and its
',accordance
in Organizations shall be fythe
rdance with the current employee Fay schedulescompensated i n
policies set forth by the Citybenefits, and
and/or State, as b and its Participating Organizations
-.and/or
government. en by the parties, and agreed to by the
oe Task Force (See attachmenta" for current hourly rates
personnel pay schedules'. and benefits.)
C• ...Any reasonable a xpense incurred by the City and its P
articipatie
Task Force member ha
Organizations in filling a Task Force s nrant�er's position while the
FEMA will been activated. will be paid for by FgA,
reuse the Sponsoring Jurisdiction
Participating Organizations and the
the normal rates of (through the sponsoring jurisdiction) -
the
costs associated with frey and backfill'• costs (excluding personnel
result of activation of ttask force bers of the � medical accrued as a
personnel costs above the normal and usual rate for thatMA ll not pay`
It is expressly agreed and understood position.
City that such personnel costsreasonably� �'�', the State, and the
°"�� compensation if the organization required rnclude differential
to pay such
safety and well being.
compensation costs in filling positions d pealed critical for public
D. Any reasonable
expense incurred by the City and the p Organizations for the purpose of mobilizingParticipating
response to a Federal activation Task Force in
(returning the Task Force to a state of readiness and denhe Ci y)
shall be paid for by FEmA. dines within the City)
E. Medical Team
Asdicalncee personnel shall be registered as a Disaster
Disaster MedicalTmembers under guidelines of the P "National
medical attachment "B �� - PIiS �) • All
medical team personnel, including employees of the. Sponsoring
established are subject to the pay sched 1e and
continues through the National Disaster Medical Federal
eb fits
schedules for medical the PHS to establish more equitable
team personnel. imitable pay
F. Task Force members shall be
costs in accordance withreimbursed for
otherwise authorized. Federal travel
G. Task Force members shall
costs of operations andbe reimbursed for
maintenance incurred
disaster operations.
travel and per'dien
regulations, unless
reasonable personal
in conjunction with
H. Task Force organizational
consumed while materials, equipment, and supplies
to the Cityproviding requested assistance shall be reimbursed
onn a replacement e basis. Replacement and/or
rehabilitation requests s and o
demobilization.
submitted to DOD prior to
I. Rehabilitation or replacement costs of non.- equipment will be reimbursed if the piece of equipment
operational
a disaster site or on disaster exercises, as authorized
was used at
FE will consider on a case- thorized by Flos
or stolen equipment, where that
basis the replacement of lost
equipmenta result of negligence onequipment was not lost or stolen as
personnel. the part of the Task Force or its
J. No Task Force or
any individual Task Force member shall be
scope of this reimbursedFEMA for costs incurred by activations outside the
Agreement.
K. The city shall act as
reimbursement claims to
all compensations from
Force Activiti
central agent for the submission of all
FEMA via the State, and the disbursement of FF regarding all FENS--sancti
es. Oned Task
L. All equipment
Purchased under this
property of the City, unless it was ant will became the
Sponsoring ,jurisdiction received in the names of the
jointly. It will then be j� 1 the Participating Organizations
Y 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 commitments herein are made subject to the
availability of funds and subject to continued mutual Agreement of
the parties.
N. With the exception of the Medical Team personnel, those individuals
who are not'emplcryees of the Sponsoring Jurisdiction will be either
brought onto the Sponsoring Jurisdiction or the State's payrolls as
contingent employees for purposes of consolidated billing. If the
State or - he local jurisdiction cannot accomplish this, FEMA will
register these individuals as federal employees in conjunction with
the National US&R Program.
VII, LIABILITY & WORFR'S QSAa.'ICu
A. Under Section 305 of the Stafford Act, Task Force members and their
employing agencies, performing a function under the authority of PL
93-288, as amended, are not liable for any claim based upon the
exercise or performance of or the failure to exercise or perform that
function.
B. The Task Force members,including Task Force leaders, search, rescue
and -technical teams are considered -Federal employees when activated.
Task .force members will remain emmployed by their respective
sponsoring or participating organization for salazy and assessments
of other benefits;' but upon activation, they will became Federal
employees for the tort liability purposes of the Federal Tort Claims
Act.
C. Task Force members engaged in activities outlined in tuns of this
Agreement will be afforded the same protection [under the Federal
Tort claims act and the Federal Employees- Compensation Act (FED,) J
against personal liability, death, or injury as are regular Federal
employees for actions takes within the scope of their Federal
employment. Federal benefit payments made in reference to this
section will be paid to the City or the Participating Organizations
to offset the obligations paid to their injured/dead personnel and
their beneficiaries.
VIII. REFCRTING REQJIREMMIS
A. The City will submit quarterly financial statements and activity'
reports to the State, to be forwarded to the FEMA Regional Office,
then to FEMA Headquarters, in accordance with instructions provided
by the State.
B. The City will submit in writing to the State all
personnelthey relate to the composition of the Task Force. This changeslu as
information of personnel training includes
nbers are admitted person to and qualification upgrades. As new
portions of the position on the Task Force the relevant
State. The State qualifications list will also be submitted to the
in turn will forward this information to the FED
Regional Office who will then forward the information to FEMA
Headquarters.
C. A copy of the PHS MIA will be submitted
Response Division
FEMA, Federal, by the City via the State to
5L-OE-FROP, Attn: US&R.
D. Verification of the Task Force
the criteria outl' msmber credentials, as they relate to
zned in the US&R manual, will be submitted
City to FEMA via the State on an annual basis by the
as requested by FEMA, and at such other timers
IX. CONDITIONS, AMENOMERM AND TERMINATION
A. This Agreement will end on Dec
parties may agreeewer 31, 1995, at which time all
Y to renew the association. Renewal will be
evaluation of the' City"s ability to conform with based on
ng
and �lp nt standards as described in the US&R.manual.
training
B;w nt es may b moth.fi.ed or amends only on written agreemof all ent
.and all amendments shall be attached..
Ag' enoticen may be terminated -by p rty Thisn
...... _ hereto.
'- hereto upon 30 days written
C. FEMA complies with the provisions of Executive
September 24, 1965, as amended; and with Oxder 11246 of
relevant orders of the Secretary.the rules, regulations and
discrimination against of Labor which prohibits
• �Y employee or applicant for employment on
the grounds of race, color, religion, sex, or national, origin. In
addition, use of Federal facilities, s
compliance with regulations applies and services wilt be in
compliancpre biting duplication of benefits and
guaranteeing nondiscrimination. Distribution of supplies,
of applications, provision of'technical assistance � other relief
f
and assistance activities shall be accomplished equitable
relief
i.nFertial manner without discrimination on stablr and
color, religion, nationality, sex, age,the grounds of race, `
or economic status.
X. ATkAGNENTS
A. Miami US&R Personnel Pay and Benefits Schedule
B. PHS/Specialized DMAT MOU•
State and Local Programs and Support
FED/Washington
BY:
NAME:
Richard W..Kria®
TITLEi Deputy :Associate Director 1028[93
(Seal)
FEMA, REGION IV
4-A_occic-0127c-
PEST:
BY:
NAME:
Major P. May
TITLE: Regional Director
(Seal)
STATE OF FLORIDA
OFFICE OF EMERGENCY MANAGEMENT
BY:
NAME:
oseph F. Myers v
TITLE: DirQct,or, Qivifcinn of FnaroAnry Management
(Seal)
THE CITY OF MIAMI
BY:
CESAR H. ODIO
CITY MANAGER
PREPARED AND APPROVED BY:
Ru
ASSISrANr CITY ATIORNEY
JOB : ebg/kd/F/'/2
APPROVED AS TO FORM
MD CORREC'mESS :
-11-