HomeMy WebLinkAboutExhibitMEMORANDUM OF AGREEMENT
FOR PARTICIPATION IN
TIIE NATIONAL URBAN SEARCH & RESCUE RESPONSE SYSTEM
Memorandum of Agreement between the U.S. Department of Homeland Security, acting through
the Federal Emergency Management Agency, the State of Florida. and the City of Miami Fire
Rescue, the Sponsoring Agency of Florida "Task Force 2, regarding participation in the National
Urban Search & Rescue Response System.
i.
PARTIES
The parties to this Agreement arc the Department of Homeland :Security, acting through
the Federal Emergency Management Agency, the State of Florida, and the City of Miami
Fire Rescue, the Sponsoring Agency of Florida Task Force 2.
II. AUTHORITY
"This Agreement is authorized under the Homeland Security Act as amended
(6 U.S.C. § 5 101 et seq.); the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, as amended (42 U.S.C. §§ 5121-5206); and the National Urban Search &
Rescue Response System Interim Final Rule, 70 Fed. Reg. 9182 (Feb. 24, 2005), codified
at 44 CFR Part 208. (Upon the effective date of a Final Rule, the Final Rule will
supersede the cited Interim Final Rule and its provisions shall prevail over any contrary
provisions of the Interim Final Rule.)
(tt. PURPOSE
This Agreement sets forth responsibilities with respect to participation in the National
Urban Search & Rescue Response System.
IV. DEFINITIONS
4. DIIS means the Department of Homeland Security.
FEW means the Federal Emergency Management Agency, an operational
component of DNS.
TEMA-Sanctioned Training or Exercise means a training session or exercise
sponsored by an organization other than FEMA, which has received FEMA
approval.
Regulations means the National Urban Search & Rescue Response System
regulations published at 44 CFR Part 208.
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C.
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Preparedness Cooperative Agreement means a Preparedness Cooperative
Agreement as defined in Section 208.2 (}f the Regulations.
Stafford /let means the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, as amended (42 U.S.C. §§ 5121-5206).
System Resources means System Members, canines, tools and equipment
maintained by a Sponsoring Agency, Participating Agency, or Affiliated
Personnel for use as part of the System.
Task Force Program Manager means the person designated by the Sponsoring
Agency to be responsible for the day-to-day administration and management of
the Task Force.
11. The following terms, as used in this Memorandum of Agreement, have the
meaning set forth in the Stafford Act at 42 U.S.C. § 5122:
Major Disaster
Emergency
The following terms, as used in this Agreement, have the meaning sct forth in
Section 208.2 or 208.32 of the Regulations:
Activated or Activation
Advising or Advisory
Affiliated Personnel
Alert
Demobilization Order
Participating Agency
Preparedness Cooperative Agreement
porzsoring Agency
System or National Urban Search & Rescue Response System
System Member
Task Force
US&R or Urban Search and Rescue
TAT
V. RESPONSIBILITIES
DIES, through FEMA, is responsible for developing and administering the System,
and its responsibilities include:
1. Promulgating the Regulations, standards, policies, procedures, directives.
and overall concept of operations for the System;
Maintaining overall direction and control of System Resources engaged in
System activities, as contemplated in the Regulations, standards, policies,
procedures, directives, and overall concept of operations for the System;
3. Maintaining an advisory and consultative structure for communicating and
consulting with System participants with respect to the responsibilities set
forth in this section, as appropriate;
4. Preparing, providing, and maintaining a Preparedness Cooperative
Agreement and a Response Cooperative Agreement with the Sponsoring
Agency, in accordance with the Regulations, standards, policies,
procedures, directives, and overall concept of operations ibr the System;
5. Providing preparedness funding to the Sponsoring Agency, in accordance
with the Regulations, standards, policies, procedures, directives, and
overall concept of operations for the System;
6. Developing, scheduling, and.delivering FEMA-Sponsored Training and
Exercises;
7. Granting FEMA sanction to training and exercises in accordance with the
Regulations, standards, policies, procedures, directives, and overall
concept of operations for the System;
S. Maintaining overall direction and control of System Resources engaged in
FEMA-Sanctioned Training and Exercises and FEMA-Sponsored Training
and Exercises;
9. Evaluating System and performance in accordance with the Regulations,
standards, policies and procedures and directives of the System;
10. Advising, ,Alerting, Activating and Demobilizing System Resources;
Obtaining the consent of the State, if applicable, and the Sponsoring
Agency to Alert or Activate System Resources, in accordance with the
Regulations, standards, policies and procedures of the System;
Appointing System Members into Federal service at appropriate times;
Taking steps as necessary to ensure coverage for System Members under
the Federal Employees Compensation Act, the Federal Tort Claims Act,
and the Public Safety Officers Benefit Act during FEMA-Sponsored
'Training and Exercises, FEMA-Sanctioned Training and Exercises, :Alert,
and Activation, to the extent allowed by law;
14. Processing claims fir Federal employee. benefits. as sct forth in the
Regulations and this Agreement;
15. Maintaining overall direction and control of System Resources engaged in
System activities during Alert or Activation;
16. Providing ground, air, rail, or marine transportation for System Resources
during Alert or Activation, as required;
17. Providing re -supply and logistical support for System Resources during
Activation;
18. Establishing, developing, administering. Advising, Alerting, Activating,
Demobilizing; and maintaining overall direction and control of System
management teams, as appropriate;
19. Notifying the Sponsoring Agency when FEMA has Alerted, Activated, or
Deactivated a Task Force member for participation on a System
management team or in a technical function;
20. Scheduling and conducting periodic meetings of System advisory
committees and other consultative bodies;
21. Processing claims for reimbursement in accordance with the Regulations;
and
22. Ensuring proper coordination and cooperation within FEMA, between
FEMA and other DIIS components and entities, and between FEMA and
other Federal, state, local, and private -sector entities for the purpose of
System activities.
13. The State, if applicable, is responsible for:
1. Maintaining 24-hour per day capability to receive a request for Alert or
Activation of System Resources and to accept or decline the request within
one hour; and
Using Task Forces resident within the State as State assets before
requesting additional Task Forces frotn FEMA in anticipation of, or in
response to, a disaster or emergency within the State for which the State or
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its local governments have primary responsibility, unless the resources
have been otherwise committed.
C. The Sponsoring Agency is responsible for organizing and administering the Task
Force, and this responsibility includes the following:
Recruiting and training the Task Force, according to the Regulations,
standards, policies, procedures, directives, and overall concept of
operations for the System promulgated by FEMA;
Designating a Task Force Program Manager, as well as other such persons
as required by the Regulations, standards, policies, procedures, directives,
and overall concept of operations for the System;
3. Executing a Preparedness Cooperative Agreement and a Response
Cooperative Agreement with FEMA, in accordance with the Regulations,
standards, policies, procedures, directives, and overall concept of
operations for the System;
4. Providing administrative, financial, and personnel management for the
Task Force, to include providing FEMA with all documentation required
to appoint System Members into Federal service;
5. Maintaining such agreements with Participating Agencies and Affiliated
Personnel as arc required under the Regulations, standards, policies,
directives, procedures, and overall concept of operations for the System.
Agreements with Participating Agencies and Affiliated Personnel for
System activities must be consistent with the Regulations, standards,
policies, procedures, directives, and overall concept of operations for the
System, and this Memorandum of Agreement, All tigrecments with
Participating Agencies must include an express authorization for the
Sponsoring Agency to commit an employee of the Participating Agency to
Federal service. All agreements with Affiliated Personnel must include an
express authorization for the Sponsoring Agency to commit the individual
to Federal service;
6. Registering and qualifying all Task Force medical personnel, as required
under the Regulations, standards, policies, procedures, directives, and
overall concept of operations for the System;
7. Requesting FEMA sanction for training and exercises, in accordance with
the Regulations, standards, policies, procedures, directives, and overall
concept of operations for the System;
S. Notifying FEMA when there is a change in the operational status of the
Task Force;
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Maintaining 24-hour per day capability to receive a request for Alert or
Activation of System Resources and to accept or decline the request within
one hour;
10. Acquiring, maintaining, and accounting for equipment, in accordance with
the Regulations, standards, policies, procedures, directives, and overall
concept of operations for the System;
1 ? Complying with financial, administrative, acquisition, reimbursement, and
reporting requirements set forth in thc Regulations, standards, policies,
procedures, directives, and overall concept of operations for the System;
12. To the extent that the Sponsoring Agency chooses to provide System
Members for System management teams and technical functions, or for
any FEMA advisory and consultative entities, complying with financial,
administrative, acquisition, reimbursement, and reporting requirements set
forth in the Regulations, standards, policies, procedures, directives, and
overall concept of operations for thc System with respect to these System
Members;
13. Keeping all records relating to the Task Force, in accordance with the
Regulations, standards, policies, procedures, directives, and overall
concept of operations for the System;
14. Submitting to FEMA a copy of any agreements it maintains with any
Participating Agency and Affiliated Personnel; and
15. Processing state and local employee benefit claims for which a System
Member may be eligible.
VI. POINTS OF CONTACT
A. DI-1S/ EMA:
Acting Chid; Urban Search & Rescue Branch
Federal Emergency Management Agency
U.S. Department of Homeland Security
500 C Street, SW
Washington, DC 20472
(202) 646-3456
13. Sponsoring Agency
Chief. City of Miami Fire Rescue
1 151 NW 7th Street - 3rd Floor
Miami, FL 33136
3 05-416-5401
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VII. OTHER 1'ROViSiONS
A. Financial Arrangements
i . FEMA shall provide the Sponsoring Agency with funding for
preparedness activities pursuant to a Preparedness Cooperative
Agreement, in accordance with the Regulations.
FEMA shall reimburse the Sponsoring Agency for costs incurred in
System response activities pursuant to a Response Cooperative
Agreement, in accordance with the Regulations.
All financial commitments are subject to the availability of funds. Nothing
in this Agreement obligates funds of the respective parties.
B. Title to Equipment
Title to equipment purchased and maintained by the Sponsoring Agency
with funds provided under a cooperative agreement prior to February 24,
2005 vests in the Sponsoring Agency in accordance with
44 CFR § 13.32(a).
2. Title to equipment purchased and maintained by the Sponsoring Agency
with funds provided under a Preparedness Cooperative Agreement vests in
the Sponsoring Agency in accordance with 44 CFR § 13.32(a).
3. Title to equipment purchased by DHS, and distributed to and maintained
by the Sponsoring Agency, remains vested in DHS in accordance with
44 CFR § 13.32(0, unless transferred to the Sponsoring Agency under
applicable Federal regulations.
C. Use of Sponsoring Agency Resources
l . Offer, consent and acceptance of services, facilities and employees
The Sponsoring Agency and the State offer and consent to FEMA's use of
their services, facilities, and employees as specifically described in this
Memorandum of Agreement with respect to the System, and FEMA
accepts the offer of such services, facilities, and employees in carrying out
the purposes of the Sections 306(a) and i21(c)(1) of the Stafford Act,
42 U.S.C. §§ 5149(a) and 5197(c)(I).
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Appointment into Federal Service
a. FEMA will appoint System Members into Federal service pursuant
to section 208.11 of the Regulations, as follows:
(1)
When instructing or participating in FEMA-Sanctioner[
Training and Exercises;
(2) When instructing or participating in FEMA-Sponsored
Training and Exercises;
(3) When undertaking specific duties required by FEMA
during an Alert to prepare for Activation; and
(4) When Activated.
b. At all such times when System Members are appointed into
Federal service, those System Members will be under FEMA's
overall direction and control.
c. A System Member's appointment into Federal service is
concurrent with a System Member's employment with the
Sponsoring Agency or other entity.
D. Coverage under Federal statutes; FEMA's intent
1. Pursuant to section 208.11 of the Regulations, it is FEMA's intent that on
the basis of subsections C.1. and 2., above, System Members appointed
into Federal service are Federal employees during the activities described
in subsection C.2.a., above, for the purposes of the following acts:
a. The Federal Employees Compensation Act.
b. The Federal Tort Claims Act.
2. It is FEMA's intent that System Members appointed into Federal service
are Public Safety Officers during the activities described in subsection
C.2.a., above, as defined in the Public Safety Officers Benefit Act,
42 U.S.C. § 3796b
3. No individual may participate in the Task Force who is not an employee of
the Sponsoring Agency, an employee of a Participating Agency, or an
Affiliated Personnel.
4. Nothing contained within this Agreement is intended to diminish a System
Member's non -Federal employment rights, relationships, or entitlements
to non -Federal pension or welfare benefits.
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E. FEMA, the State, and the Sponsoring Agency will not discriminate against any
System Member or applicant for a position as a System Member on the grounds of
race, color, religion, sex, age, national origin, or economic status in ful tilling any
and all obligations under this Memorandum of Agreement.
F. Use of Federal facilities, supplies and services will be in compliance with
regulations prohibiting duplication of -benefits and guaranteeing
nondiscrimination. Distribution of supplies, processing of applications, provision
of technical assistance and other relief and assistance activities shall be
accomplished in an equitable and impartial manner, without discrimination on the
grounds of race, color, religion, sex, age, national origin, or economic status.
VIII. EFFECTIVE DATE
The terms of this Agreement will become effective on the date that the last party signs
this Agreement.
IX. MODIFICATION, AMENDMENT, AND TERMINATION
A. 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.
B. This Agreement may be modified or amended only with the written agreement of
all of the parties.
C. This Agreement remains in effect unless terminated. This Agreement may be
terminated by any party upon 30 days written notice.
D. This Agreement is the full and complete agreement between the undersigned
parties, and supersedes any prior agreement between the parties, written or oral,
with the exception of an existing Preparedness Cooperative Agreement or
Response Cooperative Agreement.
{ .. This may he executed in several counterparts, each of which is a valid agreement,
provided that all parties to the Memorandum of Agreement have executed at least
one original copy of the Memorandum of Agreement.
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X. EXECUTION
Glenn M. Cannon
Assistant Administrator
Disaster Operations Directorate
Federal Emergency Management Agency
Date: w;a ,51/4 ,'
Regional Administrator
Date:
Director
State Ernergency Management Agency
Date:
Chief Executive or .Designee
Sponsoring Agency
Date:
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