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HomeMy WebLinkAbout23573AGREEMENT INFORMATION AGREEMENT NUMBER 23573 NAME/TYPE OF AGREEMENT BRANDON MASI PARKER DO DESCRIPTION MEMORANDUM OF AGREEMENT/FLORIDA TASK FORCE 2/FILE ID: 11-00595/R-11-0296/MATTER ID: 20-2036 EFFECTIVE DATE July 14, 2011 ATTESTED BY TODD B. HANNON ATTESTED DATE 10/20/2020 DATE RECEIVED FROM ISSUING DEPT. ` 8/20/2021 NOTE CITY OF MIAMI DOCUMENT ROUTING FORM a5✓ (�/ ORIGINATING DEPARTMENT: Fire -Rescue DEPT. CONTACT PERSON: Maria T. Martinez EXT. 1672 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: "PSA with Current and Anticipated Individuals for the Urban Search & Rescue ("USAR") FLTF2 - Brandon Masi Parker DO - Medical Team Manager" IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES X NO TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? El YES X NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT PROFESSIONAL SERVICES AGREEMENT X GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT El LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) PURPOSE OF ITEM (BRIEF SUMMARY): To update the earlier list of strategic individuals as indicated inExhibit "A". COMMISSION APPROVAL DATE: 7/14/2011 FILE ID: 11-00595 ENACTMENT NO.: R-11-0296 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING'iNFORMATION, . Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR 9/29/2020 PRINT: Ty McGann, AFC SIGNATURE: -,'�— SUBMITTED TO RISK MANAGEMENT 9/29/20 PRINT: /-'7,� SIGNATURE: i SUBMITTED TO CITY ATTORNEY (20-2036 - GKW) 10/14/20 PRINT: VICTORIA MENDEZ SIGNATURE• /s George K. Wysong, III APPROVAL BY ASSISTANT CITY MANAGER PRINT: SIGNATURE: APPROVAL BY DEPUTY CITY MANAGER PRINT: SIGNATURE: RECEIVED BY CITY MANAGER 1 0 \.,7,49,4 PRINT: 2-1- ijfc el , Vi (� t)X- r SIGNA p 1) ONE ORIGINALrTO CITY CLERK; 2) ONE COPY TO CITY ATTORNEY'S OFFICE; PRINT: SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: - 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER J FLORID TAS FS SCE 2 PS Medical Team Manager Brandon Masi Parker DO City of Miami Master Report Enactment Number: R.1 1.0296 City Hell 3600 Pan Atnevlaan Drive Mlaml, FL 3a18a www.mlamigov.com File Number; 11-00595 File Type: Resolution Status: Version; 2 Reference; Contralltng Body: File Name; To Negotiate Agrmt, - Homeland Security's National Urban Introduced: Scarab Requester; DepartmentofFire-Rosoue Cost: Final Action: 1/14/2011 Passed Office of the City Clerk 6/24/2011 Title: A RESOLUTION OF "1'1ih 1v1IAMI CITY CO1411vfSSION, WITH ATTACI:IMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE, SU]3]I1CT TO APPROVAL OF LEGAL YOU! AND CORRECTNESS BY THE CITY ATTORNEY, A PROFESSIONAL SERVICES AGREEMENT ("PSA") BETWEEN TI•IE CITY OF WAIVE ("CITY"),, THROUGH ITS DEPARTMENT OF FIRE RESCUE ("DEPART ]T )), AS THE SPONSORING AGENCY OF FLORIDA TASK FORCE 2 UNDER THE O IITEI) STATES DBPAR7IvD?NNT OF HOMELAND SECURITY'S NATIONAL:. URBAN SEARCH & RESCUE RESPONSE SYSTEM, ACTING 'I'RRoUGk1'1; FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE OF FLORIDA, WtT%I EACH OF THE CURRENT AND ANTICIPATED STRATEGIC iI=IV1DUALS ON "] , Ian rrA", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER, SLJBB,TECT TO CONSULTATION WITH Ti3E DEPARTMENT, TO NEGOTIATE AND TO E?03CLUTE ANY FUTURE AMENDMENTS, EXTENSIONS, AND/OR SUPPLEMENTS TO THE FORM OP PSA, SUB3BCT TO THE APPROVAL OF LEGAL. FORM AND CORRECTNESS BY THE CITY ATTOIINBY AND SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED,. Sponsors: Notes; Indexes: • Attachments: 11-00595 Stnnrnaiy Eurrn.pcIf,,11.00595 Leginlation,pdf,11-00595 Exhibit 1,pdi; History of Legislative He Version, Aoting Body; :Tate; .Action: Sent To: Duo Date! Return Date; Result; 2 Office of the City 7/6/2011 Attorney 2 city Commission 2 Office of the Mayor Review Pending 7/14/2011 ADOPTED 7/19/2011 Signed by the Mayor Office of the City Clerk 2 Offiaci oethe City 7/21/2011 Attorney 2 Offloe of the City Clerk 7/21 /2011 Reviewed and Approved Shined and Attested by City Clerk Pass crrx q/'Mod Peru I Prlarod or, ,IIP/2011 City of Miami Legislation Resolution: R.11.0296 City Hell 3500 Pan American Drive Miami, FL 33133 WwW,mlamlgov.com SM U: Number: 1140595 Final Action Date: 7/14/2011 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), • AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE, SUBJECT TO APPROVAL OF LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY, A PROFESSIONAL SERVICES AGREEMENT ("PSA") BETWEEN THE CITY OF MIAMI ("CITY"), THROUGH ITS DEPARTMENT OF FIRE RESCUE ("DEPARTMENT"), AS THE SPONSORING AGENCY OF FLORIDA TASK FORCE 2 UNDER THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY'S NATIONAL URBAN SEARCH & RESCUIM RESPONSE SYSTEM, ACTING THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY, Ti-IEE STATE OF FLORIDA, WITH EACH OF THE CURRENT AND ANTICIPATED STRATEGIC INDIVIDUALS ON "EXHIBIT A", ATTACHED AND INCORPORATED; AUTHORIZING THE, CITY MANAGER, SUBJECT To CONSULTATION WITH THE DEPARTMENT, TO NEGOTIATE AND TO EXECUTE ANY FUTURE AMENDMENTS, EXTENSIONS, AND/OR SUPPLEMENTS TO THE FORM OF PSA, SUBJECT TO THE APPROVAL OF LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY AND SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED, WHEREAS, the United States Department of Homeland Security's National Urban Search & Rescue Response System ("USAR") since 1989 has annually funded the South Florida Urban Search and Rescue Task Force, Florida Task Force 2 ("FL TF 2") which is coordinated by the City of Miami ("City") Department of Fire Rescue (" Departmen `) as the sponsoring agency ("Sponsoring Agency") through Federal Emergency Management Agency, State of Florida (collectivniy, "FEMA") for the .operation of its USAR program by FL TF 2; and WHEREAS, FEMA and the FL, TF 2 operate under a Longstanding memorandum of agreement mast recently updated in September, 2008 (the "Sponsoring Agency MOA"), pursuant to City Commission Resolution No. 08,.0604, adopted September 11, 2008, making several operational, legal and regulatory changes, and FEMA Is requiring all of its sponsoring agencies to revise their related earlier memoranda of agreement with .participating agencies and certain strategic individuals to update with a new standard form of Memorandum of Agreement ("MOA") that has been developed, subject to some state statutory differences for sponsoring agencies and participating agencies In the various states; and WHEREAS, pursuant to Resolution No. 01484, adopted May 24, 2001, and Resolution No. 05- 0212, adopted April 14, 2005, the City Manager entered into an original MOA with participating agencies setting forth the agencies' responsibilities in connection with the development and support al' a loos! USAR FL TF 2 coordinated by the City's Department with all costs to be reimbursed by. state And/or federal funding sources; and WHEREAS, pursuant to Resolution No. 11-0297 adopted July 14, 2011, the City, Commission authorized, (1) the Department's earlier list of participating agendas to be updated to take into account GYM of Page 1 of2 P to fel 11-09595 Mirs/,n 2) PWAtlad Ow 8/9/201! ee Fite Number; 11-00595 not only long-standing participating agencies but also anticipated new participating agencies (the "Participating Agencies"), and (2) the City Manager, through the Department as Sponsoring Agency, to enter into the revised MOA with the Participating Agencies In accordance with the Sponsoring Agency MOA and FEMA's updated guidelines for USAR; and WHEREAS, accordingly, (1) the Department's earlier list of strategic Individuals, such as doctors and forensic engineers, also needs to be updated to take into account not only Tong -standing strategic individuals but also anticipated new strategic individuals es indicated on "Exhibit A", attached and Incorporated (collectively, the "Strategic Individuals"), and (2) the City through the Department es Sponsoring Agency needs to enter Into the revised PSAs with the Strategic Individuals In accordance with the Sponsoring Agency MOA and FIyMA's updated guidelines for USAR; and WHEREAS, the revised PSA Is necessary to continue without Interrupting the operation of the ongoing USAR EL IF 2 Program; NOW, THEREFORE, SE iT RESOLVED EYTHE CITY COMMISSION OF THE CITY OF MiAMI, FLORIDA: Section I. The recita<'s and findings contained in the Preamble to this Resolution are adopted by reference and Incorporated as If fully set forth in this Section. Section 2, The City Manager Is authorized{1} to negotiate and to execute, subject to approval of legal form and correotness by the City Attorney, a PSA between the City, through the Department, es the Sponsoring Agency of FL TF 2 under USAR, acting through FEMA, with each •of the current and anticipated Strategic Individuals on "Exhibit A", attached and incorporated, Section. a The City Manager, subject to consultation with the Department, Is authorized{.i} to negotiate and to execute any future amendments, extensions, andlor supplements to the form of PSA, subject to the approval of legal form and correctness by the City Attorney and subject to budgetary approval at the time of need, Section 4. This Resolution shall become effective Immediately upon Its adoption and signature of the Mayor.{2} Rnaainrent Number: R-11.0296 (1} The herein authorization is feirther subject: to cornpiiance with ail requirements that maybe imposed by the City Attorney, Including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor.does not sign this Resolution, it shall become affective at the end of ten calendar daysfrorn the date It was passed and adopted. If the Mayor vetoes this Resolution, if shall• became effective Immediately upon override of the veto by the City Commission, CIOoj'AMta;ni Page 2 of 2 •r no All 11.0059S (Yorsiou; 2) Printed Ouru /9/2011 "Exhibit A" ABOUSALEH AHMED ACCARDI RUSSELL ADLER SAMUEL AGUIAR JORGE ALDERSON BENJAMIN ALICEA .EDWIN ALICEA ELOY ALVAREZ OZZIE ALVAREZ YOLANDA ANDERSON MARK ANDRULONIS . PAUL ANTON XAVIER ARANEGUI SANTIAGO ARANGO SYLVIA ARELLANO GUSTAVO ARMSTRONG CHRISTOPHER • ARNAL GLEN ARNOLD MICHAEL A. AllINARO WILLIAM BADIU EDUARD BALDWIN CORNELIUS BANKS WILLIAM BARGER JASON BARHORST GREGORY BARRON PATRICK BARTLETT BRANDON BRYAN BARTLETT JOE BARTLETT BARTLETT • KEVIN BATISTA FREDDIE BAYNE HUGH BAYNE JEFFREY BENEMIO CHRISTOPHER BERRES JOE BILLBERRY JIM BLATCHFORD ROBERT BLOCH ADAM BOGUSH MARK BRANNOCK CHARLES BRINSON DOUGLAS DAVID BROWN JENNIFER BUNKER GREG BURNS GEORGE BURNS KEVIN BURTON DENA BUSTO ROLANDO CAGNIN EDUARDO L�IAMt= Ia '. CALDARO MICHAEL CALDERON EDDY CANTWELL PATRICIA CARDENAS III ELOY CARDENAS SR. BRAULIO CARPENTER VANCE CARRIGAN WILLIAM CARROLL IGNATIUS CARTER DAVID CHAVARRIA GREG CHIN TONY CLEMENTS THOMAS COHEN JOSHUA COLLINS LENNY COMESANAS DANIEL CONKLIN JOHN CONTRERAS EDWARD CORDERO ELMER CORONADO ZARISH CORRALES JAVIER CORTNER KEITH CREWS JEFFREY . CSALOS JEFF CUEVAS RICHARD CURBELO WILFREDO DARBEAU BENNET DARLEY PETER DAVIS SHANE DE PENA JULIO DEAN SCOTT DEL ORO SERGIO DEMIERRE JEAN PAUL DEMING ROBERT DEVESA MANUEL DIAZ ALBERTO DIAZ CHRISTOPHER DIAZ YAMILEE DISBROW SCOTT DOBSON JAMES DORSETTE DAVID DRESBACK WILLIAM DUENAS DAVID DUNNE ALLISON DUQUESNE JORGE EARLE KEITH EARLE RICK EDGE SETH EGEA MARCELO EICKWORT DAVID ELROD JORDAN ENCINOSA ROLY ERBEL RONALD ERDOZAIN JACK FABYAN JEFF FAIKIS IRENEUSZ FEENEY DANIEL FERNANDEZ ALEJANDRO FERNANDEZ JOSEPH FERRER MIGUEL FIGUEROA CARLOS FILI WINIFRED FISHER JIM FLORES ADAEL FORSYTHE JOANN FORSYTHE MIKE FRAILEY JULIE FRANCE DAMON FRANK CHARLES FUCCI WILLIAM GAJATE TERESA GALT KEVIN GARCIA CARLOS GARCIA HUMBERTO GARCIA JERRY GARCIA JESUS GARCIA RICARDO GARZON JUAN GLAZE JAMES GLEASON TIMOTHY GOIZUETA VICTOR GOMEZ ARTURO ' GOMEZ OLGA GOMEZ OSCAR GOMEZ PETE GOMEZ RENE GONZALEZ ANTHONY GONZALEZ NELSON GONZALEZ RANDY GORDON LONNIE GREENFIELD LISA GRIMSTEAD STEVE GUERRA WILLIAM GUERRERO ERIC GUTIERREZ WILLIAM "Exhibit A" continued �;„-eraa.oy.xr:an rarra,'ra.s�g4px ,.,;.LASTNNQ ME,> �-; .,;.:�.F�RS-T..NAM��>,-:�>: HALL MARSHIA HAMBERGER JEFF HART DENNIS HAYWOOD MATTHEW HAZELBAKER VINCENT HEID MICHAEL HENBEST HARRIS HERNANDEZ JAVIER HERNANDEZ JOE HERNANDEZ JORGE HERNANDEZ ROBERT HERNANDEZ ROLANDO HERRERA JESUS HEVIA ROBERT HEYDER TRACY HINTON JOHN HIRSCHMAN JIM HOECHERL ROBERT HORWITZ MICHAEL HOYOS ALBERTO HUBSCHMAN MARC HUGHES WILLIAM HUNTER CHRISTOPHER H U RST TODD HYLE THOMAS IAFELIECE GREGORY JACKSON RICK JEDLINSKI TONY JOBIN DONALD JOHNSON HOWARD JOHNSON JOHN JOHNSON MARK JURADO RODOLFO KAUFMANN ANA KEMP MAURICE KENNEDY MICHAEL KHAWLY RON KHOURI GEORGE KIENZLE ELIZABETH KNOWLES HAROLD ERIC KOVACS CAREY KRONHEIM KENNETH LAGEYRE ALBERTO LANE JOHNNY LATONA VINCENT LEVALLEY DOUGLAS LEWIS KEVIN ?Is.-=iCA . N7a111%E•if !!�_R.-il igS i'N �: tri LEWYCKY WILLIAM L'HERROU TODD LIVERSEDGE JEFFREY LLERA MELISSA LOCURTO SEBASTIAN LONG LLOYD LOPEZ BREAN LOPEZ EDUARDO LOPEZ PETER LORA ESTEBAN LORBER REED LOTTENBERG LAWRENCE MACKILLOP ADAM MAINADE FRANK MALDONADO FRANCISCO MANN WILLIAM MARCOS LINO MARRO NICHOLAS MARTI JOSE MARTINEZ ALEXANDER MATONAK MICHAEL MAULINI RICARDO MCALPIN GARY MCBEAN CRAIG MCCLUSKEY SCOT MCCUSKER-REUSS KIM MCDERMOTT CHARLES MCDONALD EDWARD MCGANN TYRONE MCINERNY STEPHEN MCLOUGHLIN JOHN MCMAHON JEFFREY MCNALLY MICHAEL MCPHERSON CHRISTOPHER MEHAFFEY BILL MENDEZ JOSE MENDIA JOSE M ESTAS JUAN MESTAS JULIO MEYER FRANK MILLER JAMES MINOR, JR DONALD MIRANDA ROGELIO MIRICH ALEJANDRO MITCHELL BRIAN MOLDOVAN PHILIP MOLENDA JOHN ..., y lr�`_<F(RST:14 ''11%IE ' MONTI JOHN MONTOPOLI JOSEPH MOORE MARK MOORE STEPHEN MORGENSTEIN STUART MOSER MIKE MOSER SOPHIA MOSTACCIO SANDRA SWEENEY MUNI CHRIS MURDOCH SEAN MURPHY PATRICK MURRAY ROBERT MUSSER GRANT MYERS MARK NEMESEK RYAN NERETTE STEPHANIE ' NICKISON MATTHEW NOTTE NICHOLE NUGENT MICHAEL NUNEZ DAVID OBANDO MERBER O'BRIEN JON OCHS STEWART O'GORMAN STUART OHLRICH JUNE ONDO MICHAEL ORTIZ DIEGO OUELLETTE MARC PADELFORD JULIE PADRON RONALD PAIGE RYAN PALACIOS EDGAR PALMER STEPHANIE PALOMINO RICARDO PAMPIN RAY PANGALLO VINCENT PARDO RICARDO PARKS ADAM PARKS THOMAS PATINO HENRY PATRON JUAN PAZ DAVID PENICK JOHN PEREZ CARLOS PEREZ FERNANDO JAVIER PEREZ RAUL PEREZ ZAIRATH "Exhibit A" continued P|CARD ROGER P|EDRAH|TA ARNOLD P|LOTO R|CARDO PLANAS JORGE PON3 EURACL0 PRADO]R. ANTHONY PKAISLER DAV|D PRAT ANGELO PUK8AR|EGA CARLOS KACOVV CATHY RACOVV SCOTT NADELNlAN CRA|G RAyW|REZ ]OHN RAK8|REZ ROBERT RAK8LAL HARE5H RAK4O5 SANT|AGD RAMSAY ANDREVV RASHAO K4KXAL RATTAN R/SH| RENO DOUGLAS REUSS PAUL R|CHARDSON BKYC[ R|FFLARD ]ER[K4Y ROBINS ANDREVV ROBINSON R|CHARDE. RODR|GUEZ ALA|N RODR|GUEZ EDDY RODR|GUEZ GA8R|EL RODR|GUEZ GERARDO RODR|GUEZ NELSON RODR|GUEZ O3CAR RODR|GUEZ SERG|O ROGERS VV|LL|AM R[U4S R|CHARD[R|C RD[NERO TAN|A ROSS| JORGE ROS3| MARK RU33ON|ELUO ]OSEPH SAAVEDRA PEDRO S4NCH[Z EK|K SANCHEZ ROLAND S4NDA R|CARDO SANTEL|CE5 ARyNANDO SANTERRE ]ES3E SCARRDNE MARC ,SCHEU VV|LL|AyW 3EA8ROOK R!CHARD SEUK8OS M|ODN SHAH SANJBV SHAVV 3TEPHEN SHELLEY HAROLD 3HULK8AN JOSEPH QK8UN KARL S|UT ]O3E SKINNER HERMAN 3K8ALLEY PETER 3N1/TH BRYANT SMITH DAV|D S[N(THEY BR|A0 SNOVVH|TE ]ACOB 5OU\ DAV|D SOLDEV|LLA CARLO SOL/S OCTAV|O 3OKRENT|NO CHR|3 5ORRENT|NO ]OSEPH SOTO GAB|NO SOTO'5P|RA DAISY STONE JEFFREY STRASZHE|K8 ]OEL STUART A8|GA|L 3UAREZ ]OHNNY SUAREZ ROBERTO SUNYNER PAUL TASSY OLIVER THDMAS SUSA0 THOK4PSON 6HAVVN THORNH|LL DAN|EL THURyWAN 3HAVVN TORRE3 ]UL|O TREV|SOL ]OSEPH ULLOA LU|S VALENTINE TIMOTHY VALERON NESTOR VANBUSK|RK JA3ON VARGAS DAV|D VARONA DAV|D VASCOS V|V!AN VEU\ZCO RAFAEL V|LLARREAL AR|EL VVALTERS DAV|D WE/SS R|CHARD WELLS JOSH WELLS K4ATTHEVV VVE3TUNG ROSEMARY WHITE RONALD VV/DEK4AN LARRY WILE GERAUD VV|LK|N SAK8UEL VV|LSON MARK VV|RTH DAV|D VVOHL N|CHOLAS VVOLFE QRETT VYOLFF EDVVARD VVONG 4DR|AN YANNAYON KEV|N YODER K8|CHAEL ZAHN EL|SE ZAHRALBAN ]OSEPH Z/W1MERK8AN DALE Z)yWK4ERKXAN ]OHN RADZ/V|LL DAV|D COLON'MARDUEZ |3W1AEL LLAVE CESAR HAZELBAKER V|NCENT GROSSMAN MARC CL|FT ARyNANDO R|TCHVVOOD TANJA L|NDSAY RONNY 3ORRENT|NO ]OSEPH SORRENT/NO CHR|S RADELyNAN CRA|G FAJK|5 |REN[USZ P|CARD ROGER BARRETO F|DEL GNDAEMM S I MMARY FARM Date: 622/2011, Regnest bngDepartment: lire..Rescue CommissionMoetingDate; $/21G1I, District Impacted: All • l`ypc: X Resolution ID Ordindaoe [j Emergency Ordinanco 0 Discussion Item C Other Subject: Anthorize a Professional Services Agreement ("PSA”) with each Current and Antieipate�c Tnd jyiduals for thq Urban Search & Rescue ("USAR") between the South Fi Task Force 2 (Sponsoring A epos) and US Department of the hlornclan Seourl tv actin th ipuu h iMA the St<tie of'Iorlj Purpose of Item: esolution with attacks ant (a), authorizing the City Manager to negotiate and execute, subject to approval of legal roan. and correctness by the City attorney, a Professional Services Agreement ("PSA") with each Current and Anticipated Individuals between the City of Miami ("City"), South Florida Task Force 2 ("Sponsoring Agency") under the US Department ofHomeland Security's National Urban Search & Rescue Response,System ("USAir) acting, through EEMA, the State .of Florida, with each current bnd anticipathig Individuals on Exhibit "A" hercto, • Low Department Matter 1D No. i rIackgrohad Tntormatian; T. we '1'>r► {Sao Attached) Bidet Impact A110jsis "qa NO Ts this item /tinted to revenue? JO Is this item an expenditure? Use', please identity funding source below, General Accoun! No.' Spectgl BrvanrreAaaount No: CJP.Projeci No.' NO Xs this item funded by XIontelnnd Defense/Neighborhood improvoratentleands? Start tip Capital Cost; lirfalatcpanco Cost; Total Fiscal Impact: y0.00 Tonal Approvals AND DAT C1=I',j� Tiudget r GA i anr'FecelvfnN oy 7 Risk Management Purchrr asf "f � ,�� Dept, Director Chief City Mauagor D Fact/ thi 0; Afo rt rc" 10 Fug to• Page 1ell � A: Resolution to Authorize a Professional Services Agreement ("PSA') pith each Current and Ateleipated.Iudivi@uais for Urban Search & Rescue (".USAR") between •the• South° 1 • Task Force 2 (Sponsoring Agency). and US Department of Homeland Security, Actieg through FEMA, the State ofFloricd Background Information: (Continued) Since 1989 the South Florida Urban Search and Rescue ("USAR") FL Task Force 2 has been an integral part of the FEMA'.s National Urban Search and Rescue ("USAR") Response System. The new FEMA continues to establish its role as the Nation's premier emergency management and preparedness agency. The Federal Emergency Management Agency ("F1 MA") and the South Florida Task Force 2 have been operating under the satire MOA since 1998. Several operational, legal and regulatory changes have been ,made and FEMA is requiring all its Sponsoi!ng Agencies, Participating Agencies .and Strategic Individuals to update and execute new standard MOA's. Pursuant to Resolution No. 01-484, adopted May 24, 2001, and Resolution No, 05-0212, adopted April 14, 2005, the City Manager entered into an original memorandum of agreement with participating agencies setting forth the agencies' responsibilities in connection with the development and support of a local USAR FL TF 2 coordinated by the City's Department with all costs to be reimbursed by state and/or federal funding sources. Pursuant to Resolution No. 11. 0M6 , adopted '7/4, 2011, the City. Commission authorized (1) the Department's earlier list of participating agencies to be updated to take into account not only long- standing participating agencies but also anticipated new participating agencies (the "Participating' Agencies"), and (2) the City Manager, through the Department as Sponsoring Agency, to enter into .the revised MOA with the Participating Agencies .in accordance with the Sponsoring Agency MOA and FEMA's updated guidelines for USAR. Accordingly (1) the Department's earlier s. of strategio individuals, such as doctors and fezez.j.9 engineers, also needs to be updated to take into accotmt not only long-standing stxategic individuals but also anticipated 'ne•y strategic individuals as indicated on Exhibit A. attached hereto and, incorporated hereby (collectively, the "Strategic -individuals"), and (2) the City throughth Department as Sponsoring Agency needs to, eater into the revised. PSAs with the Strategic Individuals in accordance with the Sponsoring Agency MCA and FT3MA's updated guidelines for USAR, The PSA is necessary to continue without interrupting the operation of the ongoing USAR FL TF 2 Program; Page 2 R MEMORANDUM OF AGREENMENT BETWEEN City Of Miami Fire Rescue AS THE SPONSORING AGENCY OF THE FLORIDA TASK FORCE 2 AND 6rudo)1 ilia 57 R-rr AN INDIVIDUAL SERVING AS AFFILIATED PERSONNEL OF THE TASK FORCE This "Agreement` is entered into by and between the parties designated in Section 1, below, who agree that subject to all of the provisions of this Agreement, [ 1 r,n PArAer`. ] will serve on the Florida Task Force 2 as Affiliated Personnel. - Each party further agrees that it assumes ail of the duties and responsibilities assigned to that party under this Agreement, and that so long as this Agreement temains In effect, the party will fully perform all of those duties and responsibilities. 1. PARTIES The parties to this Agreement are the following entities: 1.1. City of Miami Fire Rescue: 1151 NW 7 Street 3fd Floor tvitami Florida 33136 ' (305) 4116 6471 1.2 Affiliated Personnel: Name. /has; Par-ltcr' t Address: [ F1;w6•e fl, 4. /114,4E, Ft 33133 ] Telephone numiaer. [ q 5 /- S W 7_ 6Qc 7 2. RECITALS Sponsoring Agency and Affiliated Personnel have entered into this Agreement in recognition of the following Recitals: 2,1 Sponsoring Agency. Sponsoring Agency is a cooperating party under a 'Memorandum of Agreement' dated 09-11-2008 with the Federal Emergency Management Agency 1 .("FEMA') and the State of Florida. A copy of the Memorandum of Agreement (the "FEMA MOA') is attached to this Agreement as Appendix `A" and incorporated by reference. 2.2 National Urban Search & Rescue Response System. Pursuant to federal law, principally the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U,S.C, §§ 5121 through 5206 (the "Stafford Actu), the U.S, Departmont of Homeland Security ("DHS"j, acting through FEMA, operates the National Urban Search & Rescue Response System ("System') In conjunction with State and local governments. 2.3 Task Forces. Each Sponsoring Agency fs responsible for recruiting and organizing a Task Force consisting of Individuals occupying certain specified positions plus additional support personnel, all of whom have been properly trained with the requisite. skills and capabilities required for urban search and rescue operations and/or deployment of the Task Force. A Task Force may be deployed as a single unit or It may be reorganized into teams for purposes of modularized responses for limited or specialized Activations, Members of a Task Force may also be deployed as membersof a management or other technical team, 2.4 Florida Task Force 2, The City'Of Miami Fire Rescue is the Sponsoring Agency' for Florida Task Form 2 (the "Task Force") and is charged with, among other things, recruiting and organizing members for the Task Force, in the performance of its responsibilities, the Sponsoring Agency may enter into cooperative arrangements with federal, state, or local government entities, or non-profit or for -profit entities, to serve as Participating Agencies in the Task Force and with individuals to serve as Affiliated Personnel of the Task Force. The Sponsoring Agency is obligated to enter ink? written agreements with those Participating Agencies and Affiliated Personnel setting forth the relationship between the parties, 2.5 Affiliated Personnel [ erattjp, Par -her desires to serve as Affiliated Personnel in the Task Force, subject to all of the provisions of this Agreement. 2.6 Aqplicabte Provisions. With respect to National Urban Search & Rescue Response System activities, this Agreement incorporates the provisions of Interim Final Rule, 'National Urban Search and Rescue Response System," 70 Fed. Reg. 9182 (Feb, 24, 2005) ("interim Final Rule"), attached as Appendix"B," as well as the provisions of the FEMA MOA, attached as Appendix 'A.' To the extent the interim Final Rule Is contrary to the FEMA MOA, the Interim Final Rute will prevail. Upon the effective date of the Final Rute governing this subject ("Final Rule;, the Final Rule shall supersede the interim Final Rule in Appendix "8" and shall prevail over any contrary provisions of the Interim Final Rule or the FEMA MOA. 2.7 Definitions of Terms, Capitalized words and phrases in fills Agreement have the same meaning as they do in the Interim Final Rule, unless or until superseded by the Finai Rule. Capitalized words and phrases not defined Ir. the interim Final Rule or the Final Rule have the meaning given in this Agreement, 3. AGREED TERMS AND CONDITIONS 3,1 Affiliated Personnel, 2 3,1.1 Aff Hated Personnel agrees to serve in designated position on the Task Force as determined by the Task Force. 3.1.2 Affiliated Personnel further agrees that he/she will meet the required qualifloaticns for the position to. be filled, will accomplish the required training specified in this Agreement and will satisfy other conditions of preparedness and response es required by the Sponsoring Agency, 3,1,3 The Parties will cooperate with each other so as to facilitate achievement of the goals and objectives of the System as fully and completely as possible, 3,2 Third Party Liability and Workers' Compensation. Affiliated Personnel shall be afforded such coverage for third party liability and workers' compensation as Is afforded all Task • Forces and their System Members under Federal law, the scope of which is generally described In Appendices "A" and "S." Except as afforded by the federal government, state volunteer statutes, or as required of Sponsoring Agency under applicable law, the responsibility for risks assoolated with oiaims for third party liability and workers' compensation arising out of participation in the Task Force• are assumed by and remain the responsibility of Affiliated Rersonnel.and are not under any circumstances, the responsibility of Sponsoring Agency, 3.3 Financia! Provisions. 3.3,1 Preparedness Funds 3,3,1,1 In its sole discretion, Sponsoring Agency may utilize for the benefit of Affiliated Personnel such preparedness grant funding as Sponsoring Agency shall be eligible to and does receive from FFMA Any such utilization shall be subject to the requirements of the preparedness grants and the needs of the Task Force generally. 3,3.1,2 Any other funding recelved by Sponsoring Agency frorn sources other than the federal government may also be utilized es Sponsoring Agency determines in its discretion. Sponsoring Agency shall utilize such funding fairly and equitably taking into account the mission, goals and objectives of the Task Force and the needs of the Sponsoring 'Agency as compared to other proper needs and demands. 3,3,2 Response Funds 3,32.1 Sponsoring Agency shall promptly reimburse. Affiliated Personnel for response expenses that are authorized to be Incurred by or for the benefit of Syster3 Members engaged In Task Force activities, upon receiving reimbursement for such expenses from the federal government. Such expenses must be properly ascertained, accumulated and reported to the Sponsoring Agency, and the funds -to he utilized for payment must have been reimbursed by or on behalf of FEMA to Sponsoring Agency. 3 . 3.3,2.2 After an Activation, Affiiiated Personnel shall provide Sponsoring Agency with relevant financial Information to be submitted by Sponsoring Agency as part of an overall claim package which Sponsoring Agency Is obliged to submit to FEMA, The financial information shall be submitted to the Sponsoring Agency within 30 days after the end.of the Personal Rehabilitation Period established by FEMA. The financial Information shall be prepared and submitted In conformance with applicable federal directives which Sponsoring Agency shall .disseminate to Affiliated Personnel. 3.3,2.3 To ensure proper reimbursement from FEMA, the compensation • of Affiliated Personnel shall be in accordance with pay schedules and policies established by the interim Final Rule., from the time of activation and until the Task Force returns, is deactivated and Participants are returned to regular work schedules, 3.3.2.4 All financial commitments of Sponsoring Agency are subject to the availability and receipt of funds by Sponsoring Agency from FEMA and other sources, 3,3.2.5 Affiliated Personnel shall not be reimbursed for costs incurred outside the scope of this Agreement, 3,4 Reporting And Pecord,Oepina Requirements, 3,4.i Affiliated Personnel shall provide to the Spon,soring Agency such records as requested within lenbusiness days, 3,4.2 Sponsoring Agency may issue a Task Force Picture Identification Card to Affiliated Personnel, 3.4.3 Affiliated Personnel shalt provide prompt and accurate reporting as specified in this Agreement, 3,5 Mandatory Minimum Repuirementa For Participation. Affiliated Personnel•must satisfy all of the following for participation on the Task Force, • 3.5,1 Affiliated Personnel shall be of good moral character and -shall not have been convicted of any felony or any other.cr€minal offense Involving moral turpitude. 3.5,2 If serving In a Task Force position that requiress the Individual to hold a license, registration, certificate or other similar authorization' to lawfully engagein an activity, Affiliated Personnel must hold the appropriate authorization, which rnust be current and validly issued,, in. particular copy of each documentls required on file with the Tesk Force, 4 3,6.3 Subject to any applicable FFMiA standards, Affiliated Personnel must meet the medical/fitness standards required by Sponsoring Agency and not have any medical condition or disability that will prevent performance of the duties of the Task Force position he/she occupies. 3,5.4 Affiliated Personnel must be available on short and be able to respond on a mission for up to 14 days. 3,5,5 Affiliated Personnel must be capable of Improvising and functioning for long hours under adverse working conditions, 3.5,6 Affiliated Personnel must receive such inoculations as are specified by the Sponsoring Agency, 3,5,7 Affiliated Personnel must be aware of the signs, symptoms and corrective measures of Critical Incident Stress Syndrome, 3.5,6 Affiliated Personnel must understand and adhere to safe working • practices and procedures as required in the urban disaster environment. 3.5.9 Affiliated Personnel must have a working knowledge of the US&R System and the Task Force's organizational structure, operating procedures, safety practices, terminology and communication protocols 3,5,1 t0 Affiliated Personnel must.have completed such courses of education and training and other requirements as the Sponsoring Agency shall specify. 3.5,11 Sponsoring Agency has authority to immediately suspend or terminate Affiliated Personnel''s participation on the Task Force for failure to satisfy any requirement, 3.6 Clothing gnd Equipment. 3.6,1 Sponsoring Agency will issue to Affiliated Personnel certain items of personal protective clothing. and equipment for use In Task Force activities and operations. In the event of Activation, Affiliated Personnel shall provide certain additional Items of personal clothing and equipment, Items of clothing and dquipment supplied by Sponsoring Agency shall remain the properly of Sponsoring Agency and shall be returned promptly whenever Affiliated Personnel ceases to be a member of the Task Force. 3,6.2 Subject to FEMA requirements, all uniforms will display the official patch of the Task Force and the official patch of the System, as specified by the Sponsoring Agency, The Sponsoring Agency shall specify the design of the uniform and any identifying insignia or markings, • • 2.7 Command., Control and Coo►cllnation. 6 3,7,1 When Affiliated Personnel has been Activated or has otherwise been placed at the direction, control and funding of FNMA, such as, for example, during participation In FEMA sponsored training, the ultimate authority for command, control and coordination of the service of Affiliated Personnel reposes with FEMA exercised through the system chain of command, Subject to the.principle Just , . stated, the following provisions of this Section 3,7 govern the responsibilities of the parties with respeot.to supervisory, disciplinary and other specified aspects of the engagement of Affiliated Personnel within the context of hisiher participation on the Task Force 3,7.2 Nothing In this Agreement is intended to, nor does it, affect any employer - employee relationship between Affiliated Personnel and any other person wha engages Affiliated Personnel's servlcas es an employee sumo any obplg pion s, and underno circumstances does Sponsoring Agency or liability with respect to any such employment. it is the that such raesponsibility employer may may Affiliated Personnel to request and obtain approvals require in order for Affiliated` Personnel. to participate on the Task Force. 3,7,3 While participating in System activities conducted by the Task Force, Affiliated Personnel shall be subject fo, observe and comply with all lawful orders and directions of the authorized representatives of Sponsoring Agency and the Task Force, Sponsoring Agency retains the right to suspend or exclude Affiliated Personnel from participation on the Task Force, 3,7,4 Sponsoring Agency shall exero►se direct supervisory authority over Affiliated Personnel during Activations, deployments and other activities ofthe Task force conducted by Sponsoring Agency, but for disciplinary purposes, authority is limited to temporary suspension or permanent exclusion from participation. 3,8 [viedia and Information Policy. 3.8.1 Subject to applicable law, Including FEMA regulations and directives,ali photographs end video taken during a deptoymont will be kept under the control of Sponsoring Agency until use in internal or external education programs or other dissemination is approved by FEMA. 3,8.2 All applicable federal, state, and local media policies will be strictly enforced and followed, 3.8.3 Subject to applicable ales and regulations, Sponsoring Agency will have sole responsibility for coordination of media coverage and liaison with media sources and representatives concerting activities of the Task Force. As appropriate, Sponsoring Agency will endeavor to expose Affiliated Personnel to favorable. media.covsrage opportunities, and Affiliated Personnel consents to any such media coverage, 6 3,9 Rules of Conduct, 3,9.1 Affiliated Personnel will abide by the rules of conduct established by the Sponsoring Agency., 3.9,2 The failure of Affiliated Personnel to abide by the ruin of conduct may result In suspension or exclusion from the Task Force, 3,10 Preparedness Activities, 3,10,1 Sponsoring Agency shall conduct Task Force management, administration, training, equipment procurement and other preparedness activities required by FEMA, Affiliated Personnel shall cooperate with Sponsoring Agency and shail participate in the activities as necessary to achieve Task Force preparedness goals and objectives, 3.10.2 Participation may be required for specific training activities to be conducted, respectively,. by Sponsoring Agency and by Affiliated Personnel; including training, administration and reporting requirements, 3,10,3 As established by System directives but subject to the availability of federal funding, Sponsoring Agency sha(I procure and maintain required caches of equipment and supplies, The contentsof these caches shaif be utilized for deployments of the Task Force and, subject to federal rules and regulations, will be made available for training activities of Sponsoring Agency and Affiliated Personnel. Cache equipment and supplies shall be used only for authorized purposes and Affiliated Personnel shall exercise reasonable care to protect and ed Personnel preserve`table fbr°Task Force property that is lost alnat loss or damage. or damaged duet his/her y • accounany . negligence or unauthorized use, 3,11 Notification PCocedyres and Other Communications, 3,11,1 Alerts and Activation, 3,11,1.1 Sponsoring Agency's commanderlchlef exeaut(ve officer or his/her designee shall determine whether the Task Force is capable of and will respond to Activation Orders.. Affiliated Personnel shad keep Sponsoring Agency fully Informed of pertinent information concerning hlslher availability or other circumstances that would affect Affiliated Personners ability to serve In his/her designated position as an Activated member of the Task Force, if Affiliated Personnel expects to be unavailable for deployment with' the Task Force for any reason for any period of time, Affiliated Personnel shall notify Sponsoring Agency of that circumatance so as to avoid possible Interference with Task Force's condition of readiness to perform Its System mission, 7 3,11,1.2 Affiliated Personnel shall maintain at all times a "Point of Notification" for receipt of notices from Sponsoring Agency concerning possible deployments of the Task Force, The Point of Notification shall include 24-hour telephonic. and electronic capabilities, Information concerning the Affiliated Personnel Point of Notification shall beset forth in Appendix "C". 3,11,1,3 Upon receipt of Alert or Activation Orders, Sponsoring Agency shall give prompt telephonic or electronic notice to Affiliated Personnel's Point of Notification. 3,11,2 Mobilization. 3,11,2.1 If mobilized, Affliated Personnel will respond to the designated assembly point within two hours of notification with all required persona( clothing and equipment and required documentation. 3.11,2,2 AffillatedPersonnelvlll be subject to a pre -deployment medical . screening and will not be deployed if he/she fails the screening. 3,11,2,3 Sponsoring Agency retains the sole right to determine which Affiliated Personnel will respond with the Task Force when Activated. 3,12 Critical Incident Stress Syndrome ("C(SS') and Management, 3,12,1 Sponsoring Agency wit! have primary responsibility to provide CISS, training, intervention and support, before, during and after activation. 3,12.2 Costs incurred for unauthorized MS activities are not eligible for reimbursement, • 4. GENERAL PROVISIONS 4,1 Effective Date, This Agreement shall be effective en 1 has been duty and regularly authorized and executed by both parties. 4,2 Authority. As more specifically Indicated above and below, this Agreement is made (a) pursuant to the provisions of the interim Final Rule or the Final Rule; and (b) under the authority of Florida law, (n furtherance of the purposes of the National Urban Search and Rescue Response System, 4,3 Contents of the Agreement. Upon its execution, the Agreement consists of this Agreement, along with the following Appendices and other attachments, if any; 4.3,1 Appendix "A'- The currently effective Memorandum of Agreement between FEMA, the State of Florida, and Sponsoring Agency, by which City Of 8 la date and when it Miami Fire Rescue is appointed as and has agreed to serve as Sponsoring Agency for the Task Force, 4.3.2 Appendix °S" - The federal regulations published on February 24, 2005 In the Federal Register as the interim,Finaf Rule at Voi. 70} No. 36, pages 9182- 9203. 4.3,3 Appendix KC' —Affiliated Personnel Point of Notification 4.4 Amendments and Termination. 4.4.1 Except as otherwise expressly provided, this Agreement may be modified or amended only.by another written agreement approved end executed by both parties, and all subh amendments will be attached to this Agreement. 4.4,2 Term and Termination. The Agreement shall continue in effect unless and until terminated as provided In this Agreement. The Agreement may be terminated by either party upon 30 days written .notice, except that Affiliated Personnel may • not terminate this Agreement without the written consent of Sponsoring Agenoy during any time interval when the Task Force has been placed an Alert status or has been Activated if Affiliated Personnel's participation is essential to the Task Forces ability to carry out Its Response mission. 4.5 Miscellaneous Provisions, 4.5.1 The obligations of The Affiliated Personnel set forth in this Agreement are non -delegable and may not be assigned to or assumed by any other person without the prior written consent of Sponsoring Agency, 4,5,2 Except and to the extent federal law controls, this Agreement shall be construed and enforced, as between the parties, according• tote taws of the State of Florida, 4.5.3 No party shall engage In any conduct or activity In the performance of this Agreement or participation in the System that constitutes a conflict of interest under applicable federal, state and local law, rules and regulations. 4,5,4 Each party shell at all times observe and comply with all applicable federal, state end local laws. 4,6,5 Except as provided otherwise with respect to emergency notifications, If It is necessary for the purposes of this Agreement for one of the named parties to give notice to the. other named party, notice shall be In writing with the expenses of 9 delivery or mailing fully prepaid and shall be delivered by personal service or a form of publio or private mail service requiring proof of delivery. hfotioe Is effective upon personal delivery, or by mall service, on the date of either actual receipt or five days after posting, whichever is first. Unless changed in writing In accordance with this Section, notice shall be served on the party at the address shown in Sections 1.1 and 1.2 of this Agreement 4,5.6 Titles and section headings are for convenience only and are not a part of the parties' Agreement 4,5,7 Should any provision of this Agreement be determined to be invalid or unenforceable under applicable of the Agreement w, the which shovision ,aJfcontinue In futhe extent ll force and be severed from the remainder effect. 4,5.8 This Agreement and its provisions are binding upon and Inure to the benefit of the parties and to their respective successors In interest, provided, powev, this Agreement does not and will not beStoW any rights or ersons to whom an unlawful delegation or assignment hasremedies upon been made by p Affiliated Personnel. 4.5,9 This Agreement is made for the sole and exclusive benefit of °the named patties and their lawful successors in Interest, and no other person or entity Is Intended to, nor shall such other person or entity acquire or be entitled to receive any rights or benefits as a -third -party beneficiary of this Agreement. 4.5,10 Each person executing this Agreement represents that: he/she was and is: lawfully authorized to sign the Agreement on behalf of the party he/she represents; if applicable, execution of the Agreement was duly and regularly authorized bythe party's governing body; and, to the person's. best knowledge and belief the Agreement Is a binding and enforceable obligation of the party on whose behalf he/she executed his/her signature. 4.5.11 Each party representsto the other: that the party has fully read and understood ell of the provisions of this Agreement including the Appendices and other attachments, if any; that the party has secured and considered such legal advice and other expert counsel as the party deemed necessary and advisable for these purposes; and, that in agreeing to execute and become a signatory to this Agreement the party has deemed itself adequately informed and advised as to all of the risks assumed and obligations undertaken pursuant to this Agreement. 4,5,12 This Agreement, Including the Appendices and attachments, if any, constitutes the entire Agreement between the parties and it supersedes any prior agreements on this matter, 10 Final Draft of Proposed SA/PA MOA Template as of 01f22/07, includes changes directed at 01117//07 LNG Meeting In Las Vaga9, NV Participatinj •Persdnnel Sr -Wan Pa (-ha' By:C Name: Name: Title: ee,. By: Title: AMliated Personnel Point ofNodficatian Appendix C Name:( ironQ`v: packer Phone Number r ' 5 Li- 647- 907 l FJnau:r t3►r) Parhergala;1. Cm)? 5. EXECUTION This Agreement was executed by the parties on the dates shown below. ATTEST: The City of Miami, a municipal Corporation of the State of Florida odd B. Hannon`- ' rthur Norie`+a V. City Clerk City Manager / / p Date: 1 C �. D ana0 Date: 0 APPROVED AS TO FORM AND APPROVED AS TO INSURANCE REQUIREMENTS: CORRECTNESS: Victoria Meklez Ann -Marie Sharpe, Director City Attorney Department of Risk Management Date: Date: (20-2036 - GKW) Joseph Zahralban, Fire Chief Department of Fire -Rescue US&R Sponsoring Agency Chief FLTF2 Date: Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 5. EXECUTION This Agreement was executed by the parties on the dates shown below. ATTEST: Todd B. Hannon City Clerk Date: 1©1 D APPROVED AS TO FORM AND CORRECTNESS: Victoria Mt(dez City Attorney Date: (20-2036 - GKW) /c- Jose ralban, Fire Chief De Grtment of Fire -Rescue U &R Sponsoring Agency Chief FLTF2 Date: The City of Miami, a municipal Corporation of the State of Florida rthur Noriea V. City Manager !� J� Date: APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe, Director Department of Risk Management Date: Counterparts and Electronic. Signatures, This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. City of Miami LegisraUiot1 R e801u 006 City belt 8900 Pea Animism.) Drive Mlernl, F'L sales wWW l tInmtiuv.noin rt[s Aluntberr 0a•tioPao Plant rlett"n note A a3ESOLUT1ON OF THE MIAMI CITY COMMISSION, WI' -1 ArrAGHMEN'r(s), AUTHOIRiZING TFIE CITY MANAGER TO NEGOTIATE AND TO F I CUTE, • s.UBJECTTO APPROVAL OF LEGAL FORM AND dORRECTNESs BY THE CITY ATTORNEY, A MEMORANDUM OF AGREEMENT ("MOM BETWEEN THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, ACTING THROUGH THE. FEDERAL EMERGENCY,, MANACEMENTAGENCY, THE STATE OF FLORIDA, AND THE CITY Or MIAMI DEPARTMENTCFFIRE-RESCUE, THE SPONSORING AGENCYQP FLORIDA TASK FORCE 2; AUTHORIZING THE'G1TY MANAGER TO NEGOTIATE AND TO EXECUTE ANY FUTURE AMENDMENTS TO THE MOA, SUBJECT TO THE .APPROVAL OF LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY',ANl?StJbGRTARYAPPROVAL AT THE TIME OF NEED. WHEREAS, the South Florida Urban Search and Rescue 4"USAR') Task Force, Florida Task Force 2 ("FL L TF2") Is funded annually by the Federal Emergency Management Ardency ("FEMA') for the operation of its progran; and WHEREAS, since 1982, the City of Miami j"Oliy.") Department of Fire -Rescue has,successfully sponsored' the ;bating South Florida USAR Taak Force, FL TF 2 with said funding; and WHEREAS, pUrsUant to Resolution No, D1.484, adopted May 24, 2001r and Resolution N. 06- t}212, adopted April 14, 2006, the olty Manager entered into a Memorandum of Agreement ("MOM) with participating agencies settingforth the agencies' rospenslbiliUss fn connectlon.with the development and support or a loon, USAR Task Force aoordlnated by the city's Department of Piro -Rescue with till coats Ia.be reirnbursed py state and fotiorat funding sources; rand WHEREAS, FEMA and the FLTF2 have been operating under the same MOA since 'MSS, and several operational, legal and regulatory chanties Have been made 81nee then, and FEMA Is requiring afllts sponsoring agencies, prartielpating a genclse and curtain etrs:itegic Individuate to Update their agreements with a neW attlndrard MOA that was developed, subject to same state statutory differences far participating agencies In the venous stales; and WHEREAS, separate future irogislritlon will be presented to the City Commission to authorize the updated list of parrtctpettng agencies and strategic inctividuals such as doctors and forensic engineers fn a newly (formatted Memorandum of Understanding with those ngenclea and Individuals; and WHEREAS, the .ettache d MOA ip necessary to continuo wtthout'lnlerrupting that operation of the South Florida USAR Taek Foroa Program; NOW, THEREFORE, t}R IT RESOLVED t Y THE CITY COMlfvifsSION Ot TFIE CITY OF MfAMI, FLORIDA: PIM NuaAar: aa-ca+laa • ,•. Sedaft'I, The•t'editals and.fI ldinye contained In iho preamble to this Resolution are adopted by reference and Inoorpw'eted as-lt filly set forth in ibis Section. Section 2. The Oily Menagerie authortzed(•I} tenegoUate and to exeoUte n MpA, aubJeat to appprbve1 cif legal form and conticlneee by the City Attorney, between the United Stales Department of Homeland Security, acting thrcugh•FEMA, the State of Florida, and the City's Department of NM -Rescue, the Sponsoring Agency of Ff. TF 2. Basilan. 3, The City Manager is aulhorfzed(l) to negotiate and to execute cony Future afiendmants to the MOA, subject to the approval of legal' fonn and correctness by the Ctty Attorney, and budgetary approval at fhe time of need: Section 4, This Rasofutlon shall become offective Immediately upon Its adoption and signature of the Mayor, (2) APPROVSti AS TO PORM AND CDRRCCTNESS: JULIE 0, BRIJ CITY ATTORNEY Tao bnatsar {iJ• lha ra n, agtiorizsflc . dig sr Jeat.•Jn compliance wili•t alLrequfrements that rimy be rid by the Ctty Attorney; Including but not limited to those presortbad by applicable City Charter and Coda provisions. (Z) t(.tt}e Mayor does not sign this Reaoluftan, It ahalt becaJno.effective at the end of ten calendar days from the data It was passed and adopted, If the Mpyo( votaoe thla Resalutfon, if shall become effective immediately open override of the veto by the ally Cafitnlaslon,. 1 Appendix "A" }1;i'MORA DUM Olt<AMIL'iltENT VOA1'Al''I'1f 'Yk'r� t�rii t[l�i TEE N'ATY,'ONAL URBAN Vs ,a1 k7e.RESCUE 12. MPODIS , SWAM 1Vteruot,u htnofAgrcontarnit toMit°en U,S, Department ofTIometaticl Security, acting though the Federal >~+mergenoy Management Agency, the Stith) of Florida, awl fhb City of }tire Rescue, the Sponsoring Agency of Florida TasR Force 2, regtu•dittg partloipntion In the National 'Urban Search & ltasoue Response System, 1, PARTIES . The parties to tills f1„rrermtettf ttre'thc Department aE>;Iameland Security, noting through the 1'oden i Emorgenoy Manasetrient Agency, the State 4Florlda, and the City of iVllati I Fire.Rescue, the Sponsoring Agency of i?ierida Ta 1c Farce 2, Ii th.T11 TORXTY This Agreement is authori2ed under tiro Rom eland Security Aot as. amended (6 U,6, C, §§ 101 et sera,); the Robert T. Stafford. Disaster Rellei'and Emergency AssistanceAat, as timencted (42 U,S,C. §§ 5121-5206); and the National Urban Search 81 Remo Response System Interim Final Rule, %Fed. Reg. 9182 (Feb, 24, 2005), codified at 44 CFRFatt208, (Upon the effective date of a Find Rule, the Final Rule will supersede the cited rnrerini ]tinnl Rale and its provisions shall prevail' over any eonh ry provisions of1tha Interim Final Rule,) zII, 1'T1Itl:'OBE This Agreement sets forth responsibilities withrespeet to participation lzt the -National Urban Soaroh do 1iesoue Respanse System. P. DIGINITIONS A. DflSmaans the Department ofBBomeland aeatuity, FENIX means the Federal EmergeocyMa>tagemeutAgeney, an operational component ofDH-IS, x'J'1-5'aaettataad Trointnzor grarctse means atraining session or exercise sporlsoted by nn organization other than FENIA,.Wall has reeelveci FBMA approval. Rentlgaqm ntt:nn9 Chu National Urban Search rdc1Z,eseue Response System regulations pubtiihed tit 44 CI tt Part208, dr��Sfc7 PAgredtten coo. et. 'crtiva/igmcrnteernesns aPrepnredness Cooperutive A,g•eatneut as deEnrd In Section •208,2 of the Regulations. S dord Act tnnans the llobertT. Stafford Disaster Relief and 1"timorgeney Assistance Act, as amended (iI2 t1;S,C, §§ 5121-52OG), S'Ir,steut Ramirez' means System Members, cantnea, tools and equipment nLai nlalned by a Sponsoring Agency, Participating Agency, or Affiliated Personnel. for use.as part of the Syatarn, Tash:Force Fragrant Mioureer means the person designated by the Sponsoring Agoncy Ln ba responsible for the clny-te-day administration and management of tho Task Forco, 1�. The following forms, se used in this Memorandum of Agraentent, have the meaning set forth in the Stafford Act at 42 U,S,C, § 5122: Nlalar Dlsasler Enter. anoy C, The following terms, as used in this Agreement, have the meaning art forth in Section 208,2 or2O8,32 of the Regulations: ,activated or Activation 4lih,isin� or 4dulsory Affiliated Peisarutel Alert Demobi1iaatort ardor Participating gertc2 f pctradriess Cooperative A rag real ponsorino,de enev Epstein or Nca oral Urban Search & Rescue Resporsae Slatarl>, Svsta,n ¥ mbar xrulc l''orae U5ck] or Urban Sewall and Rerrue. w3-/4% 2• P. P.El k'ol' SkMITY.3118 .A. DNS, through F EMA, Is responsible for developing turd administering the System, artd its rosponsibilitio.] inelutle; I. Prnmufgating the Regulations,staudards,.pollcies, mocetlures,dh•elatives, and overall concept of operations forthe System; 2, Maintaining avomit demotion and control of System Resonrcaa engaged in System activities, es contemplated in the Regidatinna, standards, policies, procedures, directives, and overall concept of operations for tiro System; 3, Maintaining an advisory and consultative sttnchue far communicating and • consulting with System participants with respect to the responsibilities set forth in this section, as appropriate; Preparing, providing, and maintaining a Preparedness Cooperative Agreement and a Response Cooperative Agreement with the Sponsoring Agony, in accordance with the Regulations, standards, policies, procedures, directives, and overall concept cfcperations for the System; 5, Providing preparedness funding to the Sponsoring Agency, in accordance with the Regulations, standards, policies, procedures, directives, and overall ecuoopt of operations for the System; 6, Developing, scheduling, and deliveringPBMA•Sponaored Training and Exercises; 7, Chanting FEMA sanction to training and exercises in accordance with, the Regulations, standards, pcllcies, procedures; directives, and overall concept of operations far the System; S, Maintaining overall direction - and control of System Resources engaged in FEMA-Sanctioned Training and Exercises and FBNIA-•Sponsored Trabinig and Exercises; 9. Evaluating Systems and performance in acoordance with the Regulations, standards, policies and procedures and directives of the System; 10, Advising, Alerting, Activating anti Demobilizing System Resources; 11, Obtaining the consent of the State, If applicable, and the Sponsoring Agency to Alert or Activate System. Resrntrcea; in accordance with the Reguiations, standards, policies and procedures of the ,System; 12„ Appointing System Members into federal service at appropriate tunes; 3 0, Taking steps as necessary to ensure coverage for System Members under the Federal k'toaployeea Compensation Act, the Federal Tort Cltdms Act, and the Palle Safety Officers Berteftt Act during RE vSA-Sponsored Training and Exercises, PEMA. ,'3snctlaned Training and Exorcises, Alen, and Activation, to the extent allowed by law; 14, Processing claims for Federal employee benaiiits, as set kid to the Regulations and this Agreement; 15, Maintaining overall direction and control oe System Resources engaged in System activities during Alert or Activation; 15, Providing ground,. air rail, or marble transportation far Syatem Resources during Alert or Aotivatian, 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 P'LMA 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 far reimbursement in accordance with the Regulations; and 22, Ensuring proper coordination and aaoperation within FEMA, between FI:BMA and other DPTS components and entitles, and between FEMA and other Federal, state, Load, and privrtte-sector antitiaa for the purpose of System aativitles; 13, The State, if applicable, is responsible for.. 1, Maintaining 24-hour per day capability to receive a raquest far Alert or Activation of System Resources and to acceptor decline the request within one hour; and 2, Using Task Forces resident within the State as State assets before requesting additional. Task Forces from FEMA. In anticipation of; or in response to, adlsaster or emergency within the State for which the State ar 4 1ts local t;avorranentn have primaiyrceponsThility, unlaat the resources have been otherwise committed, C, ��iG�t}H�{{Irj�gla clnalutlasofor ti�afnlawiirtg;gflndadntit�IsteringtileTasic Sresponsibility 1. Recruiting and training the Tad; Force, according to the Regulations, standards, petioles, procedures, direrstives, and overili ooneept of operations for the System promulgated by FLMA; 2, Designating a Task Force Program Manager, as well ns other such peraons as required by the Regulations, standards, p olieiea, procedures, directives, and overall concept of operations for the System; 3, Executing a Preparedness Cooperative Agreement and a Response anco Cooperativeolioies,procedures, Agreement f directives, andioveralllth concepto the -Regulations, standards,p operations for the System; Providing administrative, finanoial, and personnel management fbr the Task Force, to include provid i gFFMA with all doctrrnentation. required to appoint System Members into Federal service; 5, Maintaining snob agreements with Participating Agencies•and Affiliated Personnel as are required under the Regulations, standards, policies,' directives, procedures, and overall concept of operations for the Systeirt, Agreements with Participating Agencies and Affiliated Personnel far System activities must be consistent with the Regulations, standards, policies, praoedure"s, directives, and overall concept of operations for the System, and thla Memorandum of Agreement. All agreements with Participating Agencies must include an express authorization for theto Sponsoring Agency to commit an employee of the Participating Agenc Y ll onnel must baude an express authorization Fedral service. i f re Sponsoring ents lm Agency to commit the•Indi vidual to Federal service; 6, Registodng and qualifying all Task Force mediae' procedures, di el, as equui ed under the Regulations, standards, policies, la nd overall concept of operations for the System; 7, Requesting FJ MA sanction for training and exercises, in Y accordaonce with the Regulations, atandarda,.palica , P'gde, ll concept of operations for the System; 13, Notifying FEMA when there Is a change In the'opeiatienal status of to Tnslc Force; 5 9. 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 haw; ID, Acquiring, maintaining, and accounting far equipment, in accordance with theReEMotions, standards, policies, procedures, diraativao, cud overall caneept of apara.tians for thn System; 11, Complying witlt.tinanolal, administrative, acquisition, reimbursement, and reporting requirements set fordh in the Regulations, standards, policies, ;procedures, directives; and overall concept of operations for the System; 12, To the'extent that the Sponsoring Aganoy chooses to provide Sys.etn Members for System management teams arrd tecl:nlant &nations, or for any F13iiVJA advisory and consultative entities, complying with financial, achn1nistrative, acquisition, reimbursement, and reporting requirements sat Berth in the Regulations, standards, policies, procedures, directives, and overall concept of operations for the System with respect to these System Members; 13. 'Cooping all records relating to the Task Force, In accordance with the Regulations, standards, pollodas, procedures,.directivas, and over'a11 concept of operations for the System; 14, Submitting to PBMA 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. POINTS OP CONTACT A, DHS/PBMA: Acting Chief Urban Search 8r Rescue branch Federal Emec'geueyManagetmantAgency U.S, Department ofIfametand Saeatity 500 0 Street, SW Washington, JDC 20472 (202) 646.3456 13, Sponsoring Agency Chief, City of Mlunc! •FJro Rescue 1151 NW 7th Strad - 3 rd Floor MhunJ, F+i 33136 305-•41 6-540 I 6 Vlil.-0171YJ ,. PROVXMCN3 A. Financial Arrangements 1, 1r1:RMA Shall provide the Sponsoring Agency w(lb 'finding for preparedness activities pur want to a Prepaueduess Cooperative Agreement, in accordance with the Rego ations. 2. PE14A. shall rarminnee the Sponsoring Agency i'or casts minuted in System response activities pursuant to a Response Cooperative Agreement, In accordance with the Regulations, 3, All financial commitments are subjectto the availability.oi' funds. Nothing in this Agreement obligates fiends of tho respective parties. B. Tide to Equipment I. Title to equipment purchased and maintained by the Sponsoring Agency with hinds provided ,under a cooperative agreement prior to February24, 2005 vests In the Sponsorng Agency in accordanoe with 44 CFR § 13,32(4 2, Titter to equipment purchased and maintained by the Sponsoring Agency with funds provided under a Preparedness Cooperative Agreement vests in the Sponsoring Agcnoy in bseordluzce with 44 CFR § 13,32(a), 3. Title to equipment purchased by)7HS, and distributed to and maintained by the Sponsoring Agency, remains vested in DHS in aenordance with 44 CFR § 13.32M, unless transferred to the Sponsoring Agency under applicable Federal regulations. C. Use of Sponsoring Agency Resources 1. Offer, consent and aceeptanee of services, facilities and employees The Sponsoring Agency and the State offer and consent to ) BMA's use of their services, faoililiea, and employees as apeetiiaally described in this Memorandum of Agreement with respect to the Systern, and F13M.A accepts the offer of such services, fitcilittles, and employees in carrying out the purposes of tiro Scations 306(a) and 621(o)(1) of the Stafford Act, 42 t1,S,C, §§ 5149(a) end 5197(0)(1). C-- 1.4 cffe 7 2. Appointme in Into Federal Service a, FtMA will appoint System Hewers into Federal service puraiant to section 208.1 I of the Regulations, as'Ilion's: (1) Whe,n instructing or participating in P IVIA-Sanctioned Training find Exercises; 'When instructing or participating inFEIIIA-Spansored Training and l3xoralsci; (3) When undertaking specific duties required by 1tElvtA during an Alert to prepare for Activation; and (4) When Activated. b, At all such times when System Members are appointed Into Madera) service, those SystemMembers will be under FEMA's overall direction and control. a, A System Ivfernber's appointment Into Federal service is concurrent with a System Member's employment with the Sponsoring Agency or other entity, D. Coverage under Peden( statutes; F13MA's intent Pursuant to section 208.1.I of the Regulations, It t 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: The Federal Employees Comlrensatioa Act. 1. a, (2) b, The Federal Tort Claims Act. 2, It Is t; EMA's intent that System Members appointed into Federal service are Public Safety Officers during the nctivitles described in subsection C,2,a above, as defined in the Public Safety Officers 13enofttAot, 42 U,S,C, § 379Gb 3, No Individual may participate to the Task Force who la not an employee of the Sponsoring Agency; an employee oftt Participating Agency, or an Affiliated PersonneL. 4, Nothing contained. within this Agreement is intended to diminish &Bysteuz Member's non -Federal employment rights, relationships, nr entitlements to non -Federal pension or welfare benefits, 3 E, MA, the State, and the Sponstnitng Agway will not disodttilnate against any System 1vSember or applicant fora. position as sSyrtetu Member ori tho.gruunde of rnee, color, religion, sent, ago, national. origin, or economic status in ftilfnlling any mid all obligations under this Memorandum of' Agreement Use of Federal facilities, supplies and sarvintm will be in compliance with regulations prohibiting duplication of benofts and guaranteeing nondiscrimination. Distribution of'supplies, preneseing of appiicatitnna, provision of technical assistance and other relief and assistance activities shall bo grooundsllofrace,d c,elor1 eUn au glan, sex, age, nae and impartial tional origin, oreconomic nststlls.ion n the gWU, tFRE aTx'V3 DA.T1 The terms of this Agreement will become affeoiive on the date that the last party signs this Agreement. IX, MODIFICATION, A114FN3l. BNT, AND TVIIIIINATION A, Any provision of this Agreement later found to be its conflict with Federal law or regulation, ar invalidated by a court of competent jurisdiction, shall bo considered inoperable and/or superseded by that law ar regalaticn, Any provision found inoperable is severable from this A eemeet, and the remainder of the Agreement shall remain in full forme. 13. This Agreement maybe modified or amended onlywitlithe written agreement of ell of the parties, C. This AgeOeuiont ranoins in effect unless terminated. This Agreement may be terminated by any party upon 30 days written notice. 1A, Tliis Agreetnont is the fldi and complete agreement tentbetththe under he gned parties, and supersedes artypaG' bepanes, or oral, with the exception bf an existing Preparedness Cooperative. Agreement or Response Cooperative Agreement, E. This may he executed in several counterparts, each of which is a valid agreement, provided that all parties to the Memarriiidum of Agreement hove exeouterl at least one original copy of theMemorandum of Agreement. 't• ,. Into 9 X. ItIXECAITION (Tenn Ni. Cannon Assistant Administrator Disaster OperatIone Dlreataiuta D''ederal k merganey hilauagement Agency Dote; elp/s .i' Regional Administrator Date: Director State Emergency Management Agency Date; please aee attached required signatures for City of Miami, 17.orida and City of Miami Dire -Rescue Department Chief Executive or Designee Sponsoring Agency Date; Also Attached; City et No. 00-0504 adopted Miami, Authorizing by C,Lty'Commiseicn on September Resolution ber 11,20DS Orr 10 • "Al Now AMfen,arartdi.un OfApraement C MOA"} i:or• 'Mtn. Sortrnh and Roscuo f"9JSA11"1— !+I•lIvfA" ATTEST; CITY 9lr MYNA, FLCRIDA , a mad. color •.iron t Priscilla A. Thottpson City Clerk • I)atead>01r Pedro G,1-lerrialwfdx. Clly Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS; Julie O. Bra Clly Attorney ar?L Rovnn sx 91 R yi yo William W. Bryndn, Chief Vi.,re-Reeaue Department REgUIRENMENTS; ,e LeeAnn Brehm, Direr cr Risk Management Dlv!slon m-1 i1L)A r1' WJ summuzy tORM PfLEID: (A- CO!S'b R .7 ilntn: Z1241200S, RognostJttg 13eitarhmouf. lrlre•Roaeue CoumtissiauMeet htgDate: J °a OLetrlet1atpueted: Typar ® Resolution ❑ Ordinunoa ❑ fIrriergonny Drammen ❑Dismission Ram ❑,other Subject: A New Memorandum of Attree:Sant (MOA) for Urban Sanroh Rosette ('USAR9 between the US Denartrneut of ilomeigdct Seaurity and the City OFMingll Purpose of Reins RespectRllly reaomtnandin .for the City Commission to adapt thantki hod Memorandum of Agreement(9,4OA') between the US Daptrtmont of Hotnelattd Security, stating through.the,l:+ederai Emergency Management Agency(' FEMA 4), tha'Statn of Ploride, and this City of Miami li ire-Resane, the Spansopng Agway ofFloridaTask Posse 2, This Agreement sets forth raapanalbiftties with respect to participation In the National Urban Search & Roane Response System, Additionally, to authorixc the City Macfagoy subject to approval of legal, fork: and earreotaese by the Ct1y Attorney, to negotiate and execute any future amanchnents to thn MOA, subfeut to budgetary approval. Background 7nform flan: Lease see 64 page, Pa dint Impact Anttrvsts Pro Is this item related fe revenue? NO To fttis Rom :ua aspanditure? If so, please Idcutl1y fartdingsoureo below. amoral 4ecmrtrl lIo: Opecrralltevapua/loo ,t' Nd: CIP PpoJaaf No; _ P[O Is N.:biters:'fundail by Ilomeinad »ufonataitifglther•huocl Improvement »raids? Start Up C pltal Cast: Mnhrienarceu Coals `fetal Ftsr.Jil Imlrntct: pinta App9vnla L. !SIGN AMU Ragout �Q Irutlnx ar>at�tvlr urzl�Y Rhat li anaguwo PuraBnsinti Dept.Dirootor A htow Memorandum of Agreement {hf0A1 fbr Urban Search cSc Rercua ("USAir" 1 between Om US Deportment ofidgmalnajd Comity and the City orMiamt Ilaakgrnand Information: (Continued) It axe 1989, Florida Task Farce 2 has been an Integral pad of the 1 BMA's National UrbarrSeareh and teseca ("USARe} Response Syalarn, The now FBMA aontlnuos 10 establish its mle as tha Nation's p:romiar emergency management and preparadhess meetly. FIiNIA and FL Task Force 2 have bean operating ardor the slue MOA sinao 1998, Several operational, legal and regulatory changes have been mada and FiiMA is inquiring all its sponsoring ogenoiaa, partiatpaling eganolas, end strategic individuals la update and excaute new standard MQAs, Separate legislature wlfl be presanrcd later for the participating agenotas and strategic individuals, (f - P J fJC7 ,tali 1 li Chief William 6lyson City of Miami Fir: Roma 115f NW lql Stool - 3rd Floor Miami, Florida 33136 lI..11epdrlmeul or Ilunminna Surar1I) San '$1Nel.hw wnaiingllan.11t' y&1?1 FEMA Dear Ciller BOW i $inee 1989, Florida Task Form 2has bon onintagal part al'lha Fadarat Bmargwlcy Management ,agency's (FEMA) National Urban Scnmh and Rescue (US&R) Response System. As the new FRMA continuos to aslablfsh ils rola as the Nation's premier oinerganay management and preparedness ng°aay, wo look forward to eonttnuing our relationship with Florida Task Force 2. FF1vIA and Florida Task Fora:2 have bean operating under tha•samc Memorandum ar Agra=eat (MOA) slime 1998. Several legal and rogutatory °banger' have boon made slnca Then, including lha transfix of FBMA to the Department of Homeland Security in 2003 and l]ia publiwlion of the US&R Interim -Gina! Rude at 44 CFR Part 208'In 2005. To updala our agreements, FEMA is requiring all US&R Task Farces to axecula a new standard MOA. Tho HOW MOA was developed by the US&R Lagal Issues Work Clamp, which includes represantativas from US&RTllsk Faraas; the US&R Program Office, and FNMA's OITce of Chlac Comsat; and was reviewed 1by all 28 USSuR Task Forces, FEMA is requesting that you review, sign, and retain dhe °ncinscd now MOA within 60 days. Werarxrbmlze that the unique organizational shuature of the 28 US&R Task Foraaa may raquiro minor modifications to the standard MOA and that additional time may bo naedad to review and Mum tho•141OA depending on your Task Fume's roviow process, If you would like to (Iloilo tnaldng any changes ar nod additional tuna for submission, please contact Dr ve Webb, Aoting Chiaf, Urban Search and Rescue Branch, 01202-646-3456 or davo.wabb(dlls.gay. We look forward to uootinuing the strong, cooperative relationship between FI3MA nod Florida 'task Norco 2 as wohatp to anatree the Nation In randy to respond to all hazards, Sincaroty, Linalmlure Olen M. Canaan Assistant Administrator Disaster Opernti°ns Dirualnt'utu ,nvncpnua.fav Appendix " Aim. lip 1=0 Thursday, February 24, 2005 Part III Department of Homeland Security Federal Emergency Management Agency 44 CFR Part 208 National Urban Search and Rescue Response System; Maximum Pay Rate Table, National Urban Search and Rescue Response System (US&R); Interim Final Rule and Notice 9182 Federal Register/Vol. 70, No. 36 /Thursday, February 24, 2005 /Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 208 RIN 1660-AA07 (formerly RIN 3067-AC93) National Urban Search and Rescue Response System AGENCY: Federal Emergency Management Agency (FEMA), Emergency Preparedness and Response Directorate (EP&R), Department of Homeland Security (DHS). ACTION: Interim rule with request for comments. SUMMARY: This interim rule standardizes the financing, administration and operation of the National Urban Search and Rescue Response System, a cooperative effort of the Department of Homeland Security, participating State emergency management agencies and local public safety agencies across the country. This rule addresses the relationship between Sponsoring Agencies 1 of Urban Search & Rescue (US&R) Task Forces and DHS and also funding for preparedness and response activities, including the acquisition of equipment and supplies and training. Concurrently we 2 are publishing as a Notice in this issue of the Federal Register a Maximum Pay Rate Table on which we also request comments. DATES: This interim rule is effective February 24, 2005. We invite comments on this interim rule and the Maximum Pay Rate Table published separately today as a Notice in this issue of the Federal Register. We will accept comments on both until April 11, 2005. ADDRESSES: Mail: When submitting comments by mail, please send the comments to the Rules Docket Clerk, Office of the General Counsel, Federal Emergency Management Agency, 500 C Street, SW., room 840, Washington, DC 20472. To ensure proper handling, please reference RIN 1660-AA07 and Docket No. DHS-2004-0010 on your correspondence. This mailing address may also be used for submitting comments on paper, disk, or CD-ROM. Hand Delivery/Courier: The address for submitting comments by hand delivery or courier is the same as that for submitting comments by mail. I Sponsoring Agencies are State or local government agencies that have signed Memoranda of Agreement with DHS to organize and manage US&R Task Forces. 2 Throughout the preamble to this rule the terms "we" and "our" refer to and mean the Department of Homeland Security. "You" refers to the reader. Viewing Comments: You may view comments and background material at: http://www.epa.gov/feddocket or http:// www.regulations.gov. You may also inspect comments in person at the Office of the General Counsel, Federal Emergency Management Agency, 500 C Street, SW., room 840, Washington, DC 20472. FOR FURTHER INFORMATION CONTACT: Michael Tamillow, Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security, 500 C Street, SW., room 326, Washington, DC 20472, (202) 646-2549, or (e-mail) mike.tamillow@dhs.gov. SUPPLEMENTARY INFORMATION: Background The Federal Emergency Management Agency (FEMA) published a proposed rule, National Urban Search and Rescue Response System, on December 18, 2002, 67 FR 77627-77640 (Proposed Rule). On March 1, 2003, FEMA became a part of the Emergency Preparedness and Response Directorate (EP&R), Department of Homeland Security (DHS). The National Urban Search and Rescue Response System is now a program in FEMA under the EP&R Directorate. This preamble and Interim Rule reflect certain decisions made regarding comments that FEMA received on the Proposed Rule, and changes resulting from FEMA's integration into the Department of Homeland Security. The process for creating and updating the Maximum Pay Rate Table (Table), which establishes the maximum rates that DHS will pay for certain medical, engineering, canine handling and backfill services, is described in § 208.12. The Maximum Pay Rate Table, which was mentioned but not published in the Proposed Rule, is incorporated in the Interim Rule, and published concurrently with this Interim Rule as a Notice. Because the Maximum Pay Rate Table was not published previously and will become a part of the National Urban Search and Rescue Response System final rule, we are asking for public comment both on the Table and the Interim Rule. Section 303 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. 5144, authorizes the President of the United States to form emergency support teams of Federal personnel to be deployed in an area affected by a major disaster or emergency. The President delegated this function to the Director of the FEMA under Executive Order (E.O.) 12148. Under E.O. 13286 of February 28, 2003, the President amended E.O. 12148 to transfer the FEMA Director's delegated authority to the Secretary of Homeland Security, and under Homeland Security Delegation No, 9100, delegated the Secretary's authority under Title V of the Homeland Security Act of 2002, which includes the Stafford Act, to the Under Secretary for Emergency Preparedness and Response (EP&R). Section 306(a) of the Stafford Act authorizes the President (as delegated to the Under Secretary for EP&R) to accept and use the services or facilities of any State or local government, or of any agency, officer or employee thereof, with the consent of such government, in the performance of his responsibilities under the Stafford Act. Section 306(b) of the Stafford Act authorizes the President to appoint and fix the compensation of temporary personnel without regard to U.S, Code provisions governing appointments in the competitive service. Section 403(a)(3)(B) of the Stafford Act provides further that the President may authorize Federal agencies to perform work on public or private lands essential to save lives and protect property, including search and rescue and emergency medical care, and other essential needs. Under section 621(c) of the Stafford Act, the Secretary may accept and use the services of State or local governments, and use voluntary services by individuals or organizations as needed. FEMA established the National Urban Search & Rescue Response System (System or US&R) under the authorities cited. The System provides specialized lifesaving assistance during major disasters or emergencies that the President declares under the Stafford Act. US&R operational activities include locating, extricating and providing on - site medical treatment to victims trapped in collapsed structures, victims of weapons of mass destruction events, and when assigned, performing incident command or other operational activities. Created in consultation with State emergency management agencies and local public safety agencies, the System is built around a core of Sponsoring Agencies prepared to deploy US&R Task Forces 3 immediately and initiate US&R operations at DHS's direction. Members of the Task Forces, also referred to as "System Members," may respond as 3 The US&R System comprises 28 Task Forces in 19 States. A full Task Force consists of 70 System Members, three deep (designed for 210 members) specially trained and equipped to find, extricate, and provide initial medical care to victims of collapsed buildings, weapons of mass destruction, as well as to perform other assigned duties. Federal Register /Vol, 70, No, 36 / Thursday, February 24, 2005 / Rules and Regulations 9183 part of Joint Management Teams (JMT) 4 or other overhead or technical teams, or as individual resources. The Task Forces are staffed primarily by local fire department and emergency services personnel specially trained and experienced in collapsed structure search and rescue operations, incident management, and other emergency operational activities. On activation by DHS, members of the US&R Task Forces, US&R System Members of Joint Management Teams, and other overhead or technical teams, operate as Temporary Excepted Federal Volunteers.5 The National Urban Search and Rescue Response System presently comprises 28 US&R Task Forces in 19 States. Typically, a State agency or local public safety agency (Sponsoring Agency) sponsors each of the Task Forces. While the Sponsoring Agencies are solely responsible for the administrative management of their respective Task Forces, many Sponsoring Agencies invite other public safety agencies and other entities in their vicinity to contribute personnel and other resources to the Task Force. These public safety agencies and other entities that enter into agreements with the Sponsoring Agency to contribute personnel and other resources are Participating Agencies. In certain cases, individuals who are not employed by a Sponsoring Agency or Participating Agency 6 become members of a Task Force as Affiliated Personnel.? DHS provides financial support in the form of grants or Cooperative Agreements 8 (Grants) to each of the 4 A Joint Management Team is a multi- disciplinary group of National Disaster Medical System (NDMS), Urban Search and Rescue (US&R) and other specialists combined to provide operational, planning, logistics, finance and administrative support for US&R and NDMS resources, and to provide technical advice and assistance to State and local governments. ° The term "Temporary Excepted Federal Volunteer" means that a System member's status is temporary for the period of Federal activation, excepted from Civil Service rules regarding Federal employment, Federal for purposes of tort claim protection and Federal "workers' compensation", and a volunteer in that DHS does not pay the individual directly, but reimburses the Sponsoring Agency for the System Member's services. ° A Participating Agency is a State or Local Government, non-profit organization, or private organization that has executed an agreement with a Sponsoring Agency to participate in the National US&R Response System. 7 Affiliated Personnel are individuals not normally employed by a Sponsoring Agency or Participating Agency and individuals normally affiliated with a Sponsoring Agency or Participating Agency as volunteers. a Cooperative Agreements are similar to grants, but differ from grants in the amount of government cooperation and involvement in the implementation of the agreement. Sponsoring Agencies under the disaster preparedness and training authorities of the Stafford Act. The Sponsoring Agencies use these Grants to train Task Force personnel, maintain a state of readiness and to acquire necessary equipment and supplies. DHS awards and administers Grants under 44 CFR 13. In return for this financial support, each Task Force must be available for deployment as a Federal resource when DHS activates it.° Task Forces also must maintain minimum training requirements that DHS prescribes." Separate non -standardized memoranda of agreement (MOA); which were individually negotiated at different stages in the System's development, currently govern the relationship between DHS and each of the Sponsoring Agencies. In addition, we require the Sponsoring Agencies to enter into separate Cooperative Agreements on forms that our Office of Financial Management prescribes. As the System has matured, the participants have concluded that it is desirable to standardize these relationships through a set of comprehensive regulations. We developed the Interim Rule with the assistance of the National Urban Search and Rescue Advisory Committee and its Legal Issues Working Group. Adoption of the Interim Rule enables DHS to standardize our agreements with the Sponsoring Agencies. Following adoption of the final rule, we will ask each of the Sponsoring Agencies to enter into a new, streamlined MOA as well as a Preparedness Cooperative Agreement,11 as described in subpart B °The Task Forces also respond to disasters and emergencies in their home states as State resources. DHS does not normally and directly reimburse Sponsoring Agencies of the Task Forces for the costs that Task Forces incur when deploying in their home states, although in a State deployment, Task Forces may use equipment that they have purchased with DHS grant funds and Federal property that is in their custody. Subpart C of this rule does not cover in -state deployment of US&R resources. However, Federal reimbursement for the cost of an in -state deployment may be available through DHS's Public Assistance Program under regulations published at 44 CFR part 206. In addition, the Office of Foreign Disaster Assistance of the U.S. Agency for International Development (USAID) often uses the services of certain Task Forces to deliver humanitarian assistance abroad under agreements to which DHS is not a party. The rule does not affect the relationships between USAID and the Sponsoring Agencies of the Task Farces. 10In addition to participation on Task Forces, participants in the System (referred to as System Members) may also be called upon to serve as members of Joint Management Teams or other overhead or technical teams. 11 DHS enters into a Preparedness Cooperative Agreement with each Sponsoring Agency to provide Federal funding to develop and maintain System resource (personnel, equipment and supplies) of the rule, and a Response Cooperative Agreement,12 as described in subpart C of this rule. These new, standardized agreements will document our relationship with the Sponsoring Agencies.13 Upon the effective date of the Interim Rule, if a conflict exists between a provision of the rule and an existing MOA, the provision of the rule will control. References in the Preamble to Parts, Subparts or Sections Throughout the preamble and rule, references to part, subpart, or sections (as "section" or "§ ") are to parts, subparts or sections of this rule unless specifically cited as a section of an Act, e.g., section 306 of the Stafford Act, or document other than this rule. Organization of the Interim Rule The Interim Rule is divided into four subparts. Subpart A addresses the organization of the National US&R Response System, explains the relationship among the various components of the system, incorporates certain provisions of other regulations and provides for sanctions if US&R regulations and directives are violated. Subpart B describes the process through which we provide grant funds to the Sponsoring Agencies to maintain Task Force readiness. Sponsoring Agencies use these grant funds to administer the Task Forces, provide initial and recurrent training,14 and acquire and maintain a uniform cache of equipment and supplies. Following adoption of the final rule, we will ask each Sponsoring Agency to enter into a Preparedness Cooperative Agreement with us. In addition, from time to time, DHS will purchase and distribute equipment and supplies directly to each Task Force. capabilities and readiness for operations, including training. 12 When DHS activates a Task Force it provides Federal funding for the Task Force's response under the terms of the Response Cooperative Agreement. "Following adoption of the final rule, DHS expects to develop a National US&R Response System Directive Manual, which will contain system policies and explain other Federal regulations, and will govern the operation of the National US&R Response System. The Directive Manual will be updated periodically as needed. 14 Sections 306(a) and 621(c) of the Stafford Act, 42 U.S.C. 5149(a), 5197(c). authorize DHS to federalize members of US&R Task Forces to participate in preparedness activities. We periodically federalize US&R teams to participate in DHS-sanctioned training exercises, also known as mobilization exercises. During these periods, they are not "Activated" within the meaning of § 208.2 of the rule and, therefore, the provisions of subpart C do not apply to DHS-sanctioned training exercises. Funding for participation in DHS- sanctioned training exercises may be available under § 208.24(b) of the rule. 9184 Federal Register/Vol. 70, No. 36/Thursday, February 24, 2005/Rules and Regulations Subpart C addresses the deployment of System Members, either as part of a Task Force, a Joint Management Team, or another overhead or technical team, as a Federal resource, arid the reimbursement of the Sponsoring Agencies for the costs that they incur as a result of these deployments. This subpart also explains the Response Cooperative Agreement that we will ask each Sponsoring Agency to sign following adoption of the final rule. Subpart D establishes the procedures by which Sponsoring Agencies may present claims to DHS for reimbursement of costs incurred when we use System Members as Federal resources, including the timeframes in which the Sponsoring Agencies must present such claims, and procedures for appeals, in writing and submitted within 60 days after receipt of written notice of DHS's determination of the initial appeal. The timeframes and procedures for appeals are set out in § 208.62, Appeals. A glossary of defined terms that we use throughout the Interim Rule and in subpart A appears in § 208.2. A sub - glossary of defined terms used 208.32 (subpart C) appears in that subpart. Sectional Analysis Section 208.33 sets forth the principles under which we will reimburse Sponsoring Agencies for participating in Alerts 15 and Activations.1e Subsection (a) expresses our policy that participation in Alerts and Activations be as cost neutral as possible to Sponsoring Agencies and Participating Agencies. This commitment is critical to avoid putting local fire departments, which are the predominant sponsors of the Task Forces, at risk for the cost of providing emergency services outside of their respective jurisdictions. Payments are subject to 44 CFR part 13, particularly §§ 13.21 (payment) and 13,22 (allowable section 7(k) exemption does not apply are in the firehouse. q ee unless the employee in uestion is Search and rescue professionals cost). 44 CFR 13.22 incorporates various p y Office of Management and Budget trained in fire protection, has the legal whom we expect to respond on a (OMB) circulars that address allowable authority and responsibility to engage in moment's notice at any time during a fire suppression, is employed cost. However, if there is a conflict ppby a 24-hour period should be compensated between this rule and 44 CFR part 13 or public safety agency engaged in fire for 24 hours of work. Activated System the OMB Circulars, this rule controls. suppression and actually engages in fire Members often work the first 24 to 48 Section 208.39 explains how we will suppression at least 80 percent of the hours of the Activation continuously, as compensate Sponsoring Agencies for personnel costs during Activations. When we deploy System Members, is Alert means the status of a System resource's readiness when triggered by an Alert Order indicating that DHS may Activate the System resource. le Activation means the status of a System resource placed at the direction, control and funding of DHS in response to, or in anticipation of, a presidential declaration of a major disaster or emergency under the Stafford Act. either as part of a Task Force, or as part undertaken by Sponsoring Agencies of of a Joint Management Team or other the US&R Task Forces are analogous to overhead or technical team, we appoint fire suppression. We also note that some them into Federal service as Excepted System Members will not fall within the Temporary Federal Volunteers and they section 7(k) exemption because they are work under our direction and control not regularly employed in fire for the duration of the deployment. suppression. It would be unfair to However, System Members who are compensate these individuals at one regularly employed by a Sponsoring overtime rate, when fellow System Agency or Participating Agency retain Members, who may be volunteers or their concurrent employment part-time fire service employees, are relationship with their usual compensated at another overtime rate. employers.17 The maintenance of this For these reasons, DHS instructs the concurrent employment relationship is Sponsoring Agencies to disregard the a fundamental principle of the National section 7(k) exemption when calculating US&R Response System, and dates from its reimbursement for personnel costs, the inception of the System. We adopted and reimburses Sponsoring Agencies for the principle after consultations with regular wages and overtime wages as the States, local governments and public described in § 208.39(d), (e) and (f).18 safety employee organizations and we This instruction will not create a intend it to prevent System Members windfall for Sponsoring Agencies and from suffering a break in their service to Participating Agencies because they the usual employer while away on the cannot charge DHS for personnel costs Federal deployment. While on a Federal in excess of those that they actually and deployment, these System Members normally incur. receive pay and benefits from their Section 208.39(c) of this part usual employers during the Federal establishes a uniform Feder2l 24-hour tour o deployment just as they would if they duty gdeployment. were not Activated. DHS will reimburse the Sponsoring Section 208.39(a) of this part provides Agencies for 24 hours of pay for each that we will reimburse the Sponsoring day that a System Member is deployed, Agency for personnel costs that result from his or her arrival at the Point of from the Activation and are consistent Assembly 19 until his or her release from with this rule. The Sponsoring Agency duty, which may be the airport, or Air is responsible for reimbursing the Force Base to which the Task Force personnel costs of its Participating returns, or at the Task Force's original Agencies under the provisions of Point of Assembly,2e or some other § 208.39. point. This reimbursement procedure is Section 208.39(b) of this part speaks known as "portal to portal" pay. to how we compensate Sponsoring We are not establishing a different Agencies for overtime costs that might rate of reimbursement for meal periods not have been incurred but for the or scheduled sleep periods. Once Federal deployment. Section 7(k) of the deployed, all System Members must be Fair Labor Standards Act (section 7(k)) available for immediate response exempts public safety organizations twenty-four hours a day during the from paying their employees overtime entire deployment period. Meal periods under certain circumstances. As and sleep periods will be interrupted if interpreted by Department of Labor System Members are needed to engage regulations and court decisions, the in vital lifesaving activities, just as they time. After reviewing Department of Labor regulations relating to section 7(k) and relevant court decisions, we are uncertain whether the rescue activities »In some cases, the relationship between the individual and the Sponsoring Agency or Participating Agency is a contractual relationship or a volunteer relationship. These regulations do not create a common law employment relationship between an individual and a Sponsoring Agency or Participating Agency where none otherwise exists. in Section 200,40(b) addresses reimbursement for various differentials paid by Sponsoring Agencies. 19 Certain activated System Members will not report to a Point of Assembly, but rather will be instructed to travel to the incident location directly from their home or regular place of work. These individuals are Activated when they leave their home or regular place of business and we will adjust the "portal to portal" pay of these individuals accordingly, 2O Tho Point of Assembly is the location where a Task Force assembles before departure in response to an activation order. Federal Register /Vol. 70, No. 36/Thursday, February 24, 2005 /Rules and Regulations 9185 this initial period involves packaging the Task Force for transport, loading and unloading equipment, attending briefings, receiving and adjusting to changes in operational objectives, establishing the base of operations and initiating the search for live victims. Once the search begins, we control Task Force activities during the entire 24- hour period and Task Forces must be available for immediate response at any time. Section 208.39(g) provides for the reimbursement of Backfill21 expenses. The National US&R Response System depends upon the voluntary participation of public safety agencies. We recognize that these public safety agencies may be short-handed when some of their personnel are away on a Federal deployment. If a public safety agency ordinarily Backfills a position in situations where a regular employee is unavailable for a period of time similar to that spent on a US&R deployment (e.g., Family and Medical Leave, participation in an extended mutual aid assignment, injury or disability), then the public safety agency may bill DHS for the cost of Backfilling the position for the period that the regular employee is away on a Federal deployment. However, we will only reimburse for the incremental overtime salary and benefit expenses associated with the replacement employee. We will not reimburse the Backfilling agency for the regular salary and overtime cost of the replacement employee because the public safety agency would have to pay this cost if the. Federal deployment had not occurred. Public Comments on the Proposed Rule During the comment period on the Proposed Rule, which closed on February 3, 2003, we received a number of comments. We summarize the comments and our response to them in the materials that follow. Usage of Terms in the SUPPLEMENTARY INFORMATION. We received comments concerning the use of the terms "Task Force Member" and "System Member" in the SUPPLEMENTARY INFORMATION to the Proposed Rule. In the SUPPLEMENTARY INFORMATION to the Proposed Rule, we used the term "Task Force Member" to denote individuals who respond as part of the National US&R Response System. However, while most participants in the System respond as part of a US&R Task Force, participants in the System may also be called upon to serve on joint 21 Backfill means the personnel practice of temporarily replacing a person in his or her usual position with another person. Management Teams and other overhead or technical teams. As a result, the term "System Member" is a more accurate and comprehensive term to describe individuals who participate in System activities, and the term "Task Force Member" is best used to describe a System Member who is Activated as part of a Task Force. We have corrected the usage of these terms in the SUPPLEMENTARY INFORMATION to the Interim Rule. In certain parts of the SUPPLEMENTARY INFORMATION to the Proposed Rule, we also used the term "US&R Task Force," rather than "Sponsoring Agency," to denote the agency or entity with which DHS has entered into legal and financial agreements with respect to the US&R Task Forces. We have corrected the usage of these terms in the SUPPLEMENTARY INFORMATION to the Interim Rule. Finally, in the SUPPLEMENTARY INFORMATION to the Proposed Rule, we described the reimbursable period during an Activation as ending when a System Member returns to the pre - deployment staging area. This description conflicts both with standard terminology and the reality of System deployments. A more accurate description of the duration of the reimbursable period during an Activation is set forth in the Interim Rule. Eligibility for Reimbursement and Coverage Under Federal Statutes While Traveling to and from the Point of Assembly. One Task Force commented on the time period that we propose to pay System Members, namely from arrival at the Point of Assembly until his or her release from duty, which may be the airport or Air Force Base to which the Task Force returns, or at the Task Force's original Point of Assembly, or some other point. Noting that some of its members live 2 or more hours away from the Point of Assembly, the Sponsoring Agency reimburses members from the time that they are alerted to the time that they return home (including travel mileage). Response: This question has two aspects: (1) Reimbursement for time spent traveling to and from the Point of Assembly, and reimbursement for travel mileage while traveling to and from the Point of Assembly; and (2) consideration of time spent traveling to and from the Point of Assembly as "in the course of employment" for the purposes of workers' compensation (for injuries sustained) and tort liability (for civil wrongs or harms caused) during that travel. Reimbursement: This issue is related to the Fair Labor Standards Act (FLSA), which establishes a minimum hourly wage for employees and requires employers to pay overtime wages for hours worked above the statutory maximum. It is also related to the Portal -to -Portal Act of 1947, which requires that time spent "walking, riding, or traveling to and from the actual place of performance of the principal activity or activities which such employee is employed to perform" is not compensable time under the FLSA unless it is compensable by contract, custom, or practice. The general Federal rule regarding travel mileage is: commuting to and from work, that is, between permanent residence and permanent duty station, is a personal expense. The employee is expected to be at work; how the employee chooses to get there is entirely his or her own business. 27 Comp. Gen. 1 (1947). There are exceptions to the general rule if the travel is not ordinary and is spent outside the workday to and from job assignments. Examples include substantial travel to an emergency job assignment at a location outside the normal workplace, or the employer requires the employee to be "on call" to respond to emergency job assignments. A corollary of the "substantial travel" exception is that the travel is noncompensable if the amount of time spent traveling is minimal. On reconsideration of our position, we will reimburse certain travel costs and time spent traveling to the Point of Assembly when a System Member responds to an Activation and must travel a considerable distance or time, as determined by DHS on a case by case basis, to reach the Point of Assembly. Otherwise, we will follow the general rule regarding noncompensable travel, including minimal travel. When we activate a Task Force or other System resource, timely assembly of the System Members is critical, and under those. circumstances warrants our exception to the general rule. This exception will apply only to Activations, and will not apply, for instance, to Alerts, to travel home after return to the Point of Assembly, or to travel required for training, which we consider to be ordinary noncompensable travel. In the Course of Employment: Ordinary travel to and from a fixed workplace is generally not within the scope of employment for workers' compensation purposes, under the "going and coming" rule. Under the rule, employees with a fixed workplace are covered by workers' compensation only when they are on their employer's premises, or performing an assignment required by the employer. One of the 9186 Federal Register /Vol. 70, No. 36/Thursday, February 24, 2005/Rules and Regulations exceptions to the general rule of going and coming is travel to and from job assignments, where the employer compensates the employee for the time or expense of the travel. Consistent with that exception and our intent to reimburse travel costs and time spent traveling to the Point of Assembly in response to an Activation, on a case -by - case basis we will meet our obligations regarding workers' compensation claims that arise out of injuries that System Members incur while traveling to a Point of Assembly in response to an Activation, but for no other purpose. Definitions. We received several comments on the definitions in § 208.2, and made the following changes: We changed the term "Memorandum of Understanding" to "Memorandum of Agreement." The definition for "Equipment Cache List" now reads: "The DHS-issued list that defines: "(1) The equipment and supplies that US&R will furnish to Sponsoring Agencies; and "(2) the maximum quantities and types of equipment and supplies that a Sponsoring Agency may purchase and maintain with FEMA funds." The definition for "Participating Agency" reads: "A Stale or Local Government, non-profit organization, or private organization that has executed an agreement with the Sponsoring Agency to participate in the National US&R Response System." One Task Force expressed concern regarding the definitions of "Program Manager," "Program Office," and "Project Manager." We have decided to retain the definitions of "Program Manager" and "Program Office" as they are. Currently, the Program Manager is the Chief of the US&R Section, which is part of the Response Division of FEMA, under the Emergency Preparedness and Response Directorate of DHS, and the Program Office is the US&R Section. However, these entities may change as the organizational structure of DHS evolves. We will notify the Sponsoring Agencies if we designate a different Program Manager or Program Office. We have deleted the definition of "Project Manager" from the definitions set forth in § 208.22, since that terms appears nowhere else in the Interim Rule. We have added the following definition: "Program Directive means guidance and direction for action to ensure consistency and standardization across the National US&R Response System." This replaces the term "System Order" in the proposed rule with "Program Directive" in the interim rule. One commenter recommended that DHS include a definition of "Affiliated Member." The equivalent term is defined at § 208.32 as "Affiliated Personnel." Section 208.6, System Resource Reports. One commenter noted that Sponsoring Agency, Participating Agencies and System Members are to cooperate fully in audits, investigations, studies and evaluation, and asked, "who pays for salary cost associated with gathering and processing the information?" DHS provides funding for program management in the Preparedness Cooperative Agreement to support administrative activities, including the salary costs for gathering and processing System resource reports. Workers' Compensation and Other Benefit Costs. Several Sponsoring Agencies commented that workers' compensation and other benefit costs incurred by Sponsoring Agencies as the result of an injury or death to a System Member are not reimbursable costs. As set forth in § 208.11 and explained in the Supplementary Information, DHS will appoint System Members into Federal service, concurrent with those individuals' local employment, to secure protection for such employees under the Federal Employees' Compensation Act and the Federal Tort Claims Act. If a System Member sustains an injury, that System Member may file a claim for compensation under the Federal Employees' Compensation Act. Because the System Member's Federal appointment is concurrent with his or her local employment, the System Member may also be eligible for compensation under his or her local workers' compensation system. In that case, the System Member may collect either the incremental difference between Federal benefits and local benefits, or may collect local benefits in full, depending on whether the local benefits may be offset by the Federal payment to the System Member. As explained in § 208.40, DHS will reimburse the Sponsoring Agency for the workers' compensation insurance premium costs associated with the time during Activation. However, any local benefit payment is not a reimbursable expense, because DHS (through the U.S. Department of Labor) provides coverage under the Federal Employees Compensation Act, and because we are prohibited under our current statutory authority from reimbursing Sponsoring Agencies for the costs of benefit payments. Death or Disability in Line of Duty. One Participating Agency asked whether a System Member killed or disabled while Activated would be entitled to benefits through the agency's municipal pension program, and whether the death or injury would be considered in the line of duty. We intend that System Members remain fully eligible for local benefits during Federal Activation, and that, as a result, any death or injury during Activation should be considered to have occurred while the System Member was acting in the scope of employment. Federal Death Benefits. One Sponsoring Agency asked how a "Federal death benefit," if incurred, would be calculated. The "Federal death benefit" for System Members comprises two separate components: (1) A benefit payment under the Federal Employees Compensation Act; and (2) a payment under the Public Safety Officers' Benefit Act. The death and injury benefits available under each of those statutes are determined using formulas set forth in those statutes. Voluntary Contribution to Municipal Pension Plans. One Sponsoring Agency asked whether contributions to a municipal pension plan made voluntarily by System Members during an Activation, rather than contributions made by the System Member's employer under the terms of a collective bargaining agreement or other arrangement, are reimbursable by DHS. Voluntary employee contributions, as opposed to mandatory employer contributions, are not reimbursable expenses. Contributions to the Pension Plan Based on Overtime. One Sponsoring Agency commented that under its benefits plan, salary is defined as the total actual fixed cash compensation, including overtime, and contributions to its pension plan are based on this total salary, including overtime. The Sponsoring Agency asked whether contributions to the pension plan based on overtime pay received during Activation reimbursable under this rule. Under § 208.40(a)(2), these contributions are reimbursable. Cost Sharing. One Task Force commented that § 208.23(f) refers to "Cost Sharing" but makes no distinction between "hard share," i.e., cash contributions, and "soft share," i.e., other value-added benefits provided by the Sponsoring Agency. We do not presently require Sponsoring Agencies to provide a cost share, either hard or soft, for preparedness or response funding. Please note that section 208.22(t) provides for cost sharing if it were required in the future. If we were to institute a cost -sharing requirement in the future, we would clearly indicate in the Cooperative Agreement whether Federal Register /Vol. 70, No. 36/Thursday, February 24, 2005 /Rules and Regulations 9187 such cost share would be "hard" or "soft." Equipment Ownership. Several Sponsoring Agencies commented that the Proposed Rule does not address ownership or disposition of equipment purchased under this program. OMB Circulars A-87 and A-110 specify that equipment purchased with Federal Grant funds is the property of the grantee. However, title, use, management and disposition of equipment purchased under a grant or Cooperative Agreement is set out in 44 CFR 13.32, a government -wide rule to which DHS adheres. While the Sponsoring Agency has title to any equipment purchased with Federal preparedness and response Cooperative Agreement funds, DHS reserves the right to transfer title to the Federal Government or a third party that we may name, under 44 CFR 13,32(g). DHS would generally expect to limit its exercise of this right to instances when a Sponsoring Agency indicates or demonstrates that the Sponsoring Agency cannot fulfill its obligations under the Memorandum of Agreement, Maximum Pay Rate Table. We received the most number of comments concerning the Maximum Pay Rate Table (Table) identified in the Proposed Rule. For clarity, we set forth here the applicability of the Table and the process we will follow for creating and updating the Table. Section 208.32 defines the "Maximum Pay Rate Table" as "the DHS-issued table that identifies the maximum pay rates for selected System positions that may be used for reimbursement of Affiliated Personnel compensation and Backfill for Activated. System Members employed by or otherwise associated with a for -profit Participating Agency." In that same section, "Affiliated Personnel" are defined as "individuals not normally employed by a Sponsoring for that individual, Sponsoring Agencies The section provides that DHS will Agency or Participating Agency and may use the rates in the Table as a guide review and update the Table for establishing compensation levels for Affiliated Personnel. Affiliated Personnel. Several commenters noted that the rule can be interpreted to preclude the reimbursement of Backfill expenses for Affiliated Personnel under § 208.39(g). Those commenters expressed concern that, since the highly -trained civilians such as physicians, structural engineers and canine handlers are typically Affiliated Personnel, reimbursement for Backfill expenses is important to securing the participation of these Federal Activation. One Sponsoring individuals in the System. The Agency noted that, under § 208.38, we restriction on Backfill costs for will not reimburse costs incurred for Affiliated Personnel could limit the resupply and logistical support during ability of Sponsoring Agencies to recruit Activation. That section states that and retain these highly trained civilians. resupply and logistical support needed individuals normally affiliated with a Sponsoring Agency or Participating Agency as volunteers." One Sponsoring Agency commented that the Table seemed to contradict the principle of cost neutrality set forth prominently in the Proposed Rule. However, as defined, the Table applies only to those individuals who are not normally employed by a Sponsoring Agency or Participating Agency, or whose affiliation with a Sponsoring Agency or Participating Agency is as a volunteer; that is, an individual whom the Sponsoring Agency or Participating Agency does not normally compensate in any way, at any rate. The Table sets forth maximum rates for which we will reimburse the Sponsoring Agency for compensation However, the only permissible way to paid to those individuals while reimburse Affiliated Personnel for Activated. The Sponsoring Agency may Backfill costs is through Participating choose to compensate these individuals Agencies —neither we nor the at a higher rate, but we will not Sponsoring Agencies have contractual reimburse the increment above the or employment relationships with the maximum rate specified in the Table. individuals Backfilling the jobs of Likewise, the Sponsoring Agency may Affiliated Personnel. If reimbursement choose to enter into a Participating for Backfill expenses is a problem for Agency agreement with the individual's Affiliated Personnel, we encourage them employer, rather than use the individual to have their employers or professional as an Affiliated Personnel, in which association seek Participating Agency case the Table would not apply. status. Participating Agency status is Consequently, only a Sponsoring available to private, for -profit Agency's choice to exceed the organizations under the revised maximum rates set forth in the definition of "Participating Agency" set Maximum Pay Rate Table would result , forth in this Interim Rule. (See in an uncompensated expenditure, and Definitions, § 208.2, Participating the Table would not violate the Agency, and § 208.12, Maximum Pay principle of cost neutrality. Rate Table.) Note, however, that A number of parties expressed compensation costs, for the purposes of concern that the Table was not provided reimbursement and Backfill, refer to the concurrently with the publishing of the System Member's actual compensation, Proposed Rule. We chose not to delay or the compensation of the individual the Proposed Rule until the Table could who Backfills a position (which be developed. We have inserted a new includes salary and benefits, as sectdescribed in §§ 208.39 and 208.40), Table, 20 establish abl Maximum Pay Rate rather than billable or other rates that Table, g,to updating the using process for might be charged for services rendered creating, updating and using the Table. to commercial clients or patients, We are also publishing the Table as a Creating, Updating and Using the Notice in the Federal Register and are Maximum Pay Rate Table. We have asking for comments on both the Interim inserted a new section 208.12 in this Rule and the Table before publishing rule to establish how we will create, the final rule, update and use the Table to reimburse One Sponsoring Agency expressed Affiliated Personnel (Task Force concern that the rates set forth in the Physicians, Task Force Engineers, and Table could not be used with respect to Canine Handlers) and Backfill for individuals employed by the Activated System Members employed Sponsoring Agency, and not when the by or otherwise associated with a for - individual would serve on the Task profit Participating Agency; the Table Force as Affiliated Personnel (e.g., a applies only to these named categories. Sponsoring Agency fire department _ Section 208.12 describes the method for dispatcher affiliated with the US&R determining maximum pay rates using Task Force in a non -dispatcher role as United States Office of Personnel a canine search specialist). Although the Management's (OPM) salary rates, and Table would not necessarily apply to provides links to OPM's applicable reimbursement for salary and benefits salary rate tables and locality pay tables. periodically (at least annually). DHS is publishing the initial Table in the Federal Register as a Notice with request for comments. DHS will publish subsequent revisions to the Table as Notices in the Federal Register. The section further states that a Sponsoring Agency may choose to pay Affiliated Personnel at a higher rate, but DHS will not reimburse the increment above the maximum rate specified in the Table. Resupply and Logistics Costs During a 9188 Federal Register/Vol. 70, No. 36 /Thursday, February 24, 2005/Rules and Regulations during Activation are the responsibility of the Joint Management Team (JMT). The Sponsoring Agency asked, "What happens if the Incident Management Team [now the JMT] cannot be established?' During Activation, we are responsible for resupply and logistics. Currently, we accomplish this responsibility through either the JMT, which operates in the field, or the Emergency Support Function 9 (ESF-9) 22 which operates from the National Emergency Operations Center, an emergency coordinating center located at FEIMIA headquarters. As DHS develops and evolves, we may change the names or functions of these teams; however, the responsibility for resupply and logistics will remain with us. Task Forces should not engage in resupply or logistical support during Activation unless coordinated through one of these teams. In extraordinary circumstances, e.g., if the Task Force cannot make contact with either the JMT or the EST, the Task Force should follow the instructions in § 208.44, Reimbursement for other costs. Absent such circumstances, we will not reimburse costs incurred for resupply and logistical support during Activation. Compensation for Exempt System Members. Several agencies commented on the proposed reimbursement for compensation paid to Exempt System Members, i.e., System Members who are paid a salary, rather than an hourly wage, and are otherwise exempt from the Fair Labor Standards Act. One agency commented that reimbursement for Exempt System Members should be based on the employees' salary, converted to a 40-hour workweek and then paid at that rate on an hourly basis during Activation. Another agency commented that the different methods of compensation calculation for Exempt and non-exempt System Members will result in non-exempt System Members receiving a greater amount of compensation during Activation than Exempt System Members, who are typically more experienced firefighters holding higher ranks in the Sponsoring Agency or Participating Agency. This agency speculated that the method of compensation calculation used in the Proposed Rule would result in fewer chief officers (who are typically zz ESF-9, or Emergency Support Function 9, Urban Search and Rescue, is responsible to plan and coordinate the use of Urban Search and Rescue assets following an event that requires locating, extricating and providing immediate medical treatment of victims trapped in collapsed structures. ESF-9 also provides planning and coordination of US&R assets when they engage in other disaster -related assignments. classified as Exempt System Members) participating as System Members. There are two guiding principles underlying our compensation calculation rules: (1) Cost neutrality; and (2) customary and usual practice. The compensation calculation system for Exempt System Members complies with both of these principles. If an individual is classified as an Exempt System Member in his or her regular position with the Sponsoring Agency or Participating Agency, then this individual will receive compensation on a daily basis, rather than an hourly basis, regardless of the number of hours the individual works in a day. The rule provides reimbursement to the Sponsoring Agency or Participant Agency on this basis —that is, for the amount that the individual would have customarily and usually received. If the Sponsoring Agency or Participating Agency customarily and usually compensates Exempt System Members by paying a salary and overtime, or customarily and usually awards compensatory time or another overtime substitute for hours worked above a predetermined threshold, then the Sponsoring Agency may request reimbursement for the overtime amount, or the liquidated value of the compensatory time or other overtime substitute, in accordance with §§ 208.39(e)(5)(ii) and (iii). In this way, this rule abides by the principle of cost neutrality. One Sponsoring Agency asked that we examine the feasibility of giving Sponsoring Agencies the option of having chief officers appointed as Disaster Assistance Employees (DAE) (temporary DHS employees) during Activation. In that case, those officers would be temporary Federal employees, would probably take a reduction in pay, and would take vacation or administrative leave from the Sponsoring Agency or Participating Agency for the period of Activation. In turn, a DAE appointment might affect their pension and seniority rights. We believe that disadvantages of DAE appointments outweigh any benefits that chief officers might derive, and that the current language of this rule concerning Exempt System Members represents the best general practice. One Sponsoring Agency asked whether, under § 208.39(e)(3), chiefs compensated based on a 56-hour workweek should be converted to a 40- hour workweek for purposes of calculating reimbursable compensation under the rule. This Sponsoring Agency also noted that compensating individuals who customarily and usually work a 56-hour workweek, by converting their hourly wage rate to a 40-hour workweek, results in approximately 40 percent higher costs during Activation. Sponsoring Agencies and Participating Agencies that compensate employees based on a 56- hour workweek take advantage of the partial overtime exemption set forth in section 7(k) of the Fair Labor Standards Act. As explained herein, we require that Sponsoring Agencies and Participating Agencies disregard the section 7(k) partial exemption in calculating personnel costs, and we will reimburse personnel costs based on a 40-hour work week, as described in § 208.39 of this rule. One Sponsoring Agency notes that the calculation of reimbursable personnel costs will place an extra burden on payroll staff, and there will most likely be personnel who will be eligible for overtime compensation immediately upon Activation since they have already exceeded the overtime threshold for that week. We have included an administrative allowance in the reimbursement for response costs, found at § 208.41, to compensate the Sponsoring Agency for this increased burden on payroll staff. We also provide for reimbursement of any additional salary and overtime costs in § 208.39(f), e.g., those incurred because a System Member is eligible for overtime compensation immediately upon Activation. Reimbursement for Personnel Costs for Equipment Cache Rehabilitation. Under § 208.43, we will reimburse Sponsoring Agencies for personnel costs associated with equipment cache rehabilitation up to the number of hours specified in the Demobilization Order.23 One Sponsoring Agency stated that the number of hours specified in the Demobilization Order should be an estimate only, rather than a fixed limit, and asked whether there is an appeal process for the number of hours specified in the Demobilization Order, or another mechanism for requesting additional hours based on unforeseen circumstances. There is no appeal process for the number of hours specified in the Demobilization Order. However, if the Sponsoring Agency feels that unforeseen circumstances will prevent it from completing its equipment cache rehabilitation within the specified number of hours, the Sponsoring Agency should follow the 23 A Demobilization Order is a DHS communication that terminates an Alert or Activation and identifies cost and time allowances for rehabilitation. Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations 9189 procedures in § 208.44 for reimbursement of other costs. Reimbursement for Other Costs. Section 208.44 sets a procedure for Sponsoring Agencies to follow if the Sponsoring Agency or the Task Force believes that it must incur an expense not included in subpart C for which it expects to request reimbursement. Section 208.44 requires that the Sponsoring Agency request in writing permission from DHS to make the expenditure or, if advance permission in writing is not possible to obtain, to meet three criteria before malting the expenditure, including requesting and receiving advance verbal approval. One agency commented that during an extreme emergency, in particular during the initial 24- to 48-hours of an Activation, it can be difficult to obtain written or verbal approvals, and that personnel authorized to approve expenditures are not available 24 hours a day during this period. Moreover, this agency commented that Joint Management Teams, in the past, have left requests for resupply unanswered for extended periods of time. The agency recommended that we empower Task Force Leaders to make procurement decisions. We feel that this comment addresses operational problems rather than regulatory issues. Many of these problems will be alleviated by the construction of the new DHS operations center that will be staffed 24 hours a day during an Activation, and by assuring that there is at least one person on duty in the operations center who holds delegated authority to authorize procurements. Moreover, the revised Equipment Cache List24 provides for the purchase of multiple, back-up methods of communication to assure that Task Forces can communicate with the operations center under any circumstances. We believe that the rule controls the costs associated with Activation and limits duplicative procurement without compromising responder safety. Advance of Funds. Section 208.45 states that we will provide the Sponsoring Agency with an advance of funds up to 75 percent of the estimated personnel costs of the Activation. Several agencies commented that we should increase this amount to 90 percent of the estimated personnel costs. These agencies commented that since personnel costs of an Activation 24The Equipment Cache List is the DHS-issued list that defines: (a) The equipment and supplies that US&R will furnish to Sponsoring Agencies; and (b) the maximum quantities and types of equipment and supplies that a Sponsoring Agency may purchase and maintain with DHS funds. can exceed $1 million, an advance up to 75 percent of that amount still leaves the Sponsoring Agency with approximately $250,000 in outlays for personnel costs for which it must wait for up to 120 days or more for reimbursement. The financial burden of these outlays would be compounded in the event of multiple Activations within a relatively short time period. We believe that up to 75 percent is the optimal amount for an advance of funds because it balances the need for funds against the possibility of overestimated funds. As one commenter pointed out, for many years we did not provide any advance of funds, and for more recent Activations we provided an advance equal to 25 percent of estimated personnel costs. The amount "up to 75 percent" is a result of our examination of personnel cost data from a number of previous Activations. It also recognizes the financial burden borne by the Sponsoring Agencies in carrying, even temporarily, these additional salary costs. However, Activations often last for a shorter period of time than we use to calculate the estimated personnel costs for the Activation, as was the case recently with Hurricane Isabel when teams were activated for fewer than 7 days. As one commenter pointed out, some percentage of personnel costs may be questioned and ultimately ' disallowed as a result of the reimbursement review process. For these reasons, at this time, we believe that up to 75 percent of estimated personnel costs is the best amount for an advance of funds. We expect to review Sponsoring Agencies' experience periodically under this provision, and will make revisions as warranted. Deadline for Submission of Claims. One agency commented that the deadline for submission of claims comes too soon after an Activation has ended. Currently, § 208.52 specifies that Sponsoring Agencies must submit claims for reimbursement within 90 days of the conclusion of the Activation. Section 208.52 also states that DHS may extend and specify the time limitation upon a written request and justification from the Sponsoring Agency. The commenting agency noted that it could take many weeks to obtain certain items, often because of manufacturers' inventory status. The agency stated that setting a deadline of 120 days would obviate the need for a Sponsoring Agency to apply for repeated extensions. We believe that the 90-day timeframe for submission, with the opportunity for Sponsoring Agencies to apply for 30-day extensions, is the better policy. In the past, we found that Sponsoring Agencies often do not submit claims for reimbursement in a timely manner. This tendency interferes with our ability administratively to "close out" the accounts we set up for each major disaster or emergency, and also results in Sponsoring Agencies carrying unreimbursed costs for longer periods of time. We believe that it is better to require submission of claims for reimbursement within 90 days of the conclusion of the Activation, while permitting Sponsoring Agencies to apply for 30-day extensions at their option. Reevaluation and Potential Revision of the Rule. One agency commented that we should provide a date certain for reevaluation and potential revision of this rule. The agency believed that providing this date certain was important because some provisions of the rule will require additional discussion and development, and other issues may arise after the rule is implemented. We do not believe that there is a need to provide a date certain by which we will reevaluate and, if necessary, revise the rule. However, we will work with our State and Local Government partners through the National Urban Search and Rescue System Advisory Committee and its Legal Issues Working Group to evaluate this rule, measure its efficacy, and develop revisions as necessary. Task Force Leader. One Sponsoring Agency commented that this rule should include a definition of the role and responsibilities of the Task Force Leader, the highest Leadership position on a US&R Task Force. The commenting agency stated that "[t)he Task Force Leader is the individual during a deployment who is in control and responsible for the entire Task Force, in addition to reporting to FEMA (whether the FEMA Emergency Support Team (EST) or the IST [now JMTj the Task Force Leader is the individual that the Sponsoring Agency designates to represent the Sponsoring Agency both financially and legally while the Task Force is deployed." We feel that the roles and responsibilities of the Task Force Leader should not be included in the rule. We have developed and published a Position Description for the Task Force Leader, and have described the roles and responsibilities of the Task Force Leader in several operational documents. These descriptions may change over time, and we want to retain flexibility by including these descriptions in operational documents rather than in the rule. Moreover, different Sponsoring Agencies have vested their Task Force Leaders with 9190 Federal Register/Vol. 70, No. 36/Thursday, February 24, 2005/Rules and Regulations different levels of authority. For these reasons, we have not defined the roles and responsibilities of the Task Force Leader in the rule. Use of Federally Purchased Equipment for Local Use in Daily Operations. One commenter noted that, in the Federalism Summary Impact Statement included with the Proposed Rule, we stated that "Equipment and supplies purchased with Federal funds may be used to respond to state disasters or emergencies." The commenter asked whether the intent of the rule was to prevent the use of federally purchased equipment for daily operations. We intend the System to provide a Federal capability to respond to major disasters or emergencies involving structural collapse, weapons of mass destruction, or other incidents that the President declares. A Sponsoring Agency may use equipment and supplies purchased with Federal funds to respond to disasters or emergencies requiring urban search and rescue response at the state and local level, and if necessary, to repair or replace equipment so used at the Sponsoring Agency's expense. However, we do not intend that Sponsoring Agencies use federally purchased equipment in routine, day-to-day operations. Indirect Costs. One Sponsoring Agency commented on our prohibition of reimbursement for indirect costs related to response, and our 7,5 percent limitation on indirect costs related to preparedness. The commenting agency noted that this limitation on indirect costs is inconsistent with other FEMA programs and diverges from standard Federal indirect cost percentages. The commenting agency stated that this limitation could threaten the ability of that Sponsoring Agency to remain in the System, stating that the "work burden formulas presuppose economies of scale for a larger, pre-existing agency." We brought this issue to the National US&R Advisory Committee, which recommended retention of the indirect costs policy as in the proposed rule. We agree. This limitation is not inconsistent with other limitations applicable to FEMA programs. Accordingly, we have not changed this section. Note that this limitation applies only to Preparedness Cooperative Agreements, which apply over the course of at least one year and to which indirect cost principles can be applied readily. Except as provided in § 208.41, we allow no indirect costs under Response Cooperative Agreements. US&R deployments are most often short-term, on the order of 10-14 days. Consistent with section 407 of the Stafford Act, we will allow the administrative allowance listed in § 208.41 of this part in lieu of attempting to establish indirect cost rates for short-term deployments. Administrative Procedure Act Determination We are publishing this Interim Rule under the Administrative Procedure Act, 5 U.S.C. 553, with our request for public comments. Concurrently with publication of the Interim Rule, we are publishing the Maximum Pay Rate Table (Table) in the Federal Register as a Notice. We published a Proposed Rule, National Urban Search and Rescue Response System, on December 18, 2002, 67 FR 77627-77640, and received over 30 comments from various Task Forces in the National US&R Response System. We discuss the comments in the preamble of the Interim Rule, indicating where we agree with the comments and have made changes, and also where we do not agree with the comments. We did not have the Table prepared at the time we published the Proposed Rule but received a large number of comments and questions about the Table. To provide an opportunity for comment before publishing the final rule, and because of the delay between the date of the Proposed Rule and the Interim Rule, we request that interested parties comment within 45 days of today's publication. The National US&R Response System provides a number of public services that are unique within the Federal Government. Members are experienced and trained professionals highly skilled in the often dangerous roles of searching for, extricating and providing initial medical care for victims from collapsed buildings, whether collapsed by natural or manmade causes. The searching is important to the public to ensure that every effort has been made to rescue people still alive within a collapsed structure. Members also have an important role in finding the bodies of to the System, themselves and their those killed in the collapse, so that organizations, As matters of sound victims might be identified and returned policy, planning and management for to grieving families. The tasks the entire System, it is important to performed and the dangers inherent in make the rule effective upon the work benefit other firefighters and disaster responders who do not have the specialized training and experience of the National US&R Response System Members and who are not put at risk by entering the collapsed structures when US&R teams are present. The Interim Rule is effective today, the date of publication. There is an urgent need within the National US&R Response System to standardize financial, administrative and operational functions among the 28 Task Forces located in 19 States. These needs include codifying the relationship between the Department of Homeland Security (DHS) and the Sponsoring Agencies of the 28 Task Forces, and standardizing the relationships of Sponsoring Agencies with their Participating Agencies and Affiliated Personnel. Efforts to standardize the Memoranda of Agreement between DHS and the Sponsoring Agencies, and in turn, the agreements between the Sponsoring Agencies and Participating Agencies and Affiliated Personnel, are essential to the effective functioning of the System and must be completed soon to inform, guide and govern all System participants uniformly in their respective roles, responsibilities and activities. In the years since September 11, 2001, Congress has appropriated increased funds to US&R for equipment, training, and other measures to ensure that each Task Force is fully staffed, trained and available for whatever disaster they may be called upon for help. It is imperative and urgent that there be full accountability for the funds granted to the Sponsoring Agencies, and that there be uniform standards that the Sponsoring Agencies can apply in the performance of their US&R responsibilities. This rule provides those standards; it is urgent that they be in effect as soon as possible. The direct effect of this rule is on the 28 Sponsoring Agencies, their Participating Agencies, and Affiliated Personnel —a relatively small, well- defined universe. The Sponsoring Agencies, the Advisory Committee of the National US&R Response System (Advisory Committee),25 the Working Groups 26 under the Advisory Committee, and others associated with the National US&R Response System have frequently and repeatedly requested publication and implementation of this rule, which they urgently need to fulfill their obligations publication, Good cause exists and it is in the public interest to make this Interim Rule 25 The Advisory Committee of the National US&R Response System provides advice, recommendations, and counsel on the continuing development and maintenance of a National US&R Response System to the Under Secretary for Emergency Preparedness and Response. ZeThe System has several specialized Working Groups, e.g., command and general staff, medical, legal issues, training, etc., that provide professional and technical advice on US&R issues to DHS through the National Advisory Committee. Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations 9191 effective upon publication (and to Twenty US&R teams responded to the Participating Agency, one from a request comments on the Interim Rule World Trade Center and five responded Member of Congress, and none from the and on the Table as published to the Pentagon. After -action public at large. We reviewed the separately today as a Notice). DHS will evaluations showed the need for greater comments, accepting some, rejecting review and evaluate any comments that interoperability of equipment, some. This preamble and Interim Rule it receives and will publish the final consistency in training and operating reflect the decisions ma• deregardingthe rule at a later date. across the 28 teams an y National Environmental Policy Act 44 CFR 10.8(d)(2)(ii) categorically excludes from actions such as the preparation, revision, and adoption of regulations, and specifically 44 CFR 10.8(d)(2)(xviii)(C), which relates to planning and administrative activities in support of emergency and disaster response and recovery, including financing, administration and operation Table as a Notice, with reque deployment of urban search and rescue of the National tus no Response nte and he low comments. Significance of the Rule. teams. Accordingly, we have not 9 prepared an environmental assessment level of Federal funding, we had little This rule will not have an annual effect or environmental impact statement for leverage to standardize the program. on the economy of $100 million or more this rule. With increased appropriations and and is not an economically significant expanding mission that followed rule under Executive Order 12866. The Executive Order 12866, Regulatory September 11, 2001 (e.g., response to rule establishes the relationship Planning and Review acts of terrorism and weapons of mass ' between the Sponsoring Agencies of the Under Executive Order 12866, 58 FR destruction events, response to Urban Search & Rescue (US&R) Task 51735, October 4, 1993, a "significant hurricanes), operating without formal Forces and DHS, funding for regulatory action" is subject to OMB regulations was no longer tenable. preparedness and response activities, review and the requirements of Sound management and responsible including the acquisition of equipment Executive Order 12866. Section 3(f) of stewardship of the program demand and supplies and training, and the the Executive Order defines "significant formal regulations. For these reasons, eligibility of Task Forces to receive and regulatory action" as one that is likely we rejected the status quo ante. maintain Federal excess property. b Administrative This interim rule impacts 28 to result in a rule that may: ManagementY of (1) Have an annual effect on the Directives. We rejected this alternative from local communities 2 are which are economy of $100 million or more, or on grounds that administrative associated with state universities. All of may adversely affect in a material way directives do not have the force of law, the communities havepopulationsis. the economy, a sector of the economy, tend to be piecemeal, and do not productivity, competition, jobs, the adequately support our need for greater than 50,000. Most of the environment, public health or safety, or standardized practices within the US&R Sponsoring Agencies have agreements State, local or tribal governments or program. In contrast, the rule will have with Participating Agencies for communities; the force of law and will concisely additional support to meet the staffing, (2) Create a serious inconsistency or support our need to standardize the equipment and training requirements of otherwise interfere with an action taken financing, administration and operation the National US&R Response System. or planned by another agency; of the US&R program. US&R-related costs of Participating () Materially alter the budgetary Cancel the Program. The US&R Agencies are paid by DHS through the impact of entitlements, grants, user fees, program grew out of the evident need to Sponsoring Agencies. Similarly, or loan programs, or the rights and have highly skilled, specially trained expenses of Affiliated Personnel are obligations of recipients thereof; or and equipped personnel swiftly reimbursed through the Sponsoring (4) Raise novel legal or policy issues available to search for and extricate Agencies. arising out of legal mandates, the victims from collapsed buildings, DHS has designed the National US&R President's priorities, or the principles whether from earthquakes and other Response System to be as cost neutral to set forth in the Executive Order. natural causes, acts of terrorism, Sponsoring Agencies as Federal law In determining whether to proceed accidents or other human causes. The authorizes. DHS acquires equipment with the formulation and publication of need is greater today than perceived in and supplies, pays for training, meetings this rule, we considered three the late 1980s and early 1990s. The and related travel, lodging, and per alternatives: maintain the status quo program has garnered a well- and hard- diem expenses, and attempts to cover ante; manage the program through earned recognition of its effectiveness, Sponsoring Agencies' preparedness administrative directives; and cancel the with strong support from Congress, the costs through preparedness Cooperative program. Administration, and its Sponsoring and Agreements. When DHS activates a Maintain the Status Quo Ante. The Participating Agencies. With that US&R Task Force we reimburse the National US&R Response System has continuing support, cancellation of the Sponsoring Agency for 100 per cent of operated since the early 1990s without program is not a feasible alternative. its direct eligible costs incurred, formal regulations. The first ten years or Interim Rule. We (FEIvMA) published a including overtime and Backfill costs, so were formative years with a great Proposed Rule, National Urban Search and indirect costs capped at 7.5 percent deal of flux. Federal appropriations and Rescue Response System, on of direct costs, under the terms of the were minimal until the events following December 18, 2002, 67 FR 77627-77640. response Cooperative Agreements. September 11, 2001, which led to major During the 45-day comment period, we Sponsoring Agencies will incur certain changes in planning, operations, received about 30 comments from paperwork burdens and expenses, management, training and funding. Sponsoring Agencies, one from a which are described and quantified d man other comments at we receive . factors to permit 28 disparate units in 19 When we published the Proposed States to perform as a cohesive whole. Rule, we mentioned, but had not yet Congress appropriated larger sums to prepared, the Maximum Pay Rate Table support the program, mandating that the (Table). In order to have that part of the program not add new task forces until rule on which we had received existing task forces were fully equipped comments go into effect, the Tad to obtain and trained. Spurred by the response of public e, we Congress and the Administration, we elected to publish the rule as an Interim redoubled efforts to standardize the Rule, and, concurrently to publish the 9192 Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations below in the materials on the Paperwork Reduction Act. We expect that our Cooperative Agreements and their associated indirect cost rates will cover the eligible costs that the Sponsoring Agencies incur to participate in the National US&R Response System. Costs to DHS to administer the National US&R Response System include the salaries and expenses of an 8-person staff, and the indirect staff costs for financial, acquisition, logistics and other administrative services provided by DI -IS and FEMA. Current appropriations limit administrative costs to 3 percent of the total amount appropriated for US&R. FEMA's planning and program guidance for fiscal years 2005 through 2009 set funding levels of $6.438 million for the National US&R Response System, representing the baseline nondisaster-specific budget for operating expenses. In the past two years, congressional annual appropriations for US&R were $60 million, most of which US&R passed to the Sponsoring Agencies pursuant to Cooperative Agreements. FEMA passes the amounts appropriated to the Sponsoring Agencies in preparedness Cooperative Agreements funded 100 percent by the Federal Government to cover planning, training, equipment or other essentials to fulfill the US&R mission, which do not impose conditions on the Sponsoring Agencies making them economically significant. Nor would Cooperative Agreement funding adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities. This rule is a significant regulatory action, but not an economically significant regulatory action within the definition of section 3(f) of Executive Order 12866, and it adheres to the principles of regulation of the Executive Order. The Office of Management and Budget has reviewed this rule under the provisions of the Executive Order. Regulatory Flexibility Act, 5 U.S.C. 601 Under the Regulatory Flexibility Act, agencies must consider the impact of their rulemakings on "small entities" (small businesses, small organizations and local governments). The Act also provides that, if a regulatory flexibility analysis is not required, the agency must certify in the rulemaking document that the rulemaking will not "have a significant economic impact on a substantial number of small entities." This rule standardizes the financing, administration and operation of the National Urban Search and Rescue Response System (System or US&R), which FEMA established under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The System currently comprises 28 US&R Task Forces in 19 States. A State agency or local public safety agency (Sponsoring Agency) typically sponsors a Task Force,27 staffed primarily by local fire department and emergency services personnel, and include Joint Management Teams (JMT) and other overhead or technical teams. None of the Sponsoring Agencies are in communities with populations fewer than 50,000. The governments of the Sponsoring Agencies are urban or State instrumentalities and none qualify as a "small governmental jurisdiction" within the meaning of 5 U.S.C. 601(5). Some of the Participating Agencies are small businesses, such as engineering firms and HMOs. DHS reimburses Sponsoring Agencies for the eligible costs that the Sponsoring Agencies incur in reimbursing their Participating Agencies. DHS expects Participating Agencies to receive full reimbursement for the salaries and expenses of their personnel who are participating System Members, indirect costs up to 7.5 percent, per diem, travel and related costs when Task Forces activated, and backfill expenses. DHS has designed the US&R program to be as cost neutral to Sponsoring Agencies as Federal law authorizes. When DHS activates a US&R Task Force it reimburses the Sponsoring Agency for its direct costs incurred, including overtime and Backfill costs, and indirect costs capped at 7.5 percent of direct costs. Upon activation, System Members become Temporary Excepted Federal Volunteers entitled to the benefits of the Federal Employees Compensation Act (FECA) and the Federal Tort Claims Act (FTCA). In some instances, State workers' compensation benefits exceed those available under FECA, and the a7The Task Forces also respond to disasters and emergencies in their home states as State resources. DHS does not directly reimburse Sponsoring Agencies of the Task Forces for the costs that they incur when deploying in their home state, although in a State deployment Task Forces may use equipment that they have purchased with DHS grant funds and Federal property that is in their custody. Subpart C of this rule does not cover in- state deployment of US&R resources. However, Federal reimbursement for the cost of an in -state deployment may he available through DHS's Public Assistance Program under regulations published at 44 CFR part 206. In addition, the Office of Foreign Disaster Assistance of the U.S. Agency for International Development (USAID) often uses the services of certain US&R Task Forces to deliver humanitarian assistance abroad under agreements to which DHS is not a party. The rule does not affect the relationships between USAID and the Sponsoring Agencies of the Task Forces. difference between the State benefits and the Federal benefits may have to be borne by the Sponsoring Agency. US&R Task Forces also must maintain minimum training requirements that DHS prescribes. Under current interpretations by the Department of Justice, the FTCA covers System Members during Task Force activations, but does not apply to training activities. This lack of FTCA coverage during training is a potential liability that a Sponsoring Agency might incur, but such a circumstance has not occurred in 15 years of experience. DHS is working with the Department of Justice to determine what measures DHS could take to provide liability coverage for System Members during US&R training events. DHS assumes that the professional skills necessary for preparation of the reports and records are within the capabilities of the Sponsoring and Participating Agencies. DHA further assumes that Sponsoring and Participating Agencies incur no extra, unreimbursed costs for sound administration and accountability that Federal Cooperative Agreements require of any recipient of such awards. We have no basis for estimating the expected cost or range of costs per impacted Sponsoring or Participating Agency. DHS is not aware of any rules that may duplicate, overlap or conflict with. this rule. In our discussion of E.O. 12866 above, we considered several alternatives to this rule, including status quo ante, cancellation of the program, management by program directives, and this interim rule. None of the alternatives to this rule met DHS needs to standardize the financing, administration and operation of the US&R System; none provided differing compliance or reporting requirements, or clarified, consolidated, or simplified compliance and reporting, or exempted any of the Sponsoring Agencies from coverage of the rule. For the reasons stated, we certify under 5 U.S.C. 605(b) that this Interim Rule will not have a significant economic impact on a substantial number of small entities and does not apply to this interim rule. Paperwork Reduction Act of 1995 DHS has determined that the implementation of this rule is subject to the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. As the Paperwork Reduction Act of 1995 requires and, concurrently with this rule, we have submitted a request for Office of Management and Budget (OMB) review and approval of a new collection of Federal Register/Vol. 70, No. 36/Thursday, February 24, 2005/Rules and Regulations 9193 information, which is contained in this rule. The collection of information complies with provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. 3506(c)(2)(A). We invite the general public to comment on the collection of information. Collection of Information Title: Urban Search and Rescue Program. US&R grant application forms approved by OMB under Control Number 1660-0025, which expires July 31, 2007, are: Form Numbers: SF 424, Application for Federal Assistance; DHS Form 20- 10, Financial Status Report; DHS Form 20-16 Summary Sheet for Assurances and Certifications; DHS Form 20-16A, Assurances —Non -Construction Programs; DHS Form 20-16C, Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements; DHS Form 20-20, Budget Information —Non - Construction Programs; and SF LLL, Disclosure of Lobbying Activities. Abstract: This information collection is to implement the National Urban Search and Rescue System (US&R), by which DHS provides specialized lifesaving assistance during major disaster or emergency. US&R operational activities include locating, extricating and providing on -site medical treatment to victims trapped in collapsed structures, weapons of mass destruction events, and when assigned, incident command or coordination of other operational activities. In order to implement the US&R program DHS must collect certain types of information, including grant applications, budget and budget narrative, financial status reports, assurances and certifications, performance information, and requests for advances or reimbursement on forms approved by OMB under Control Number 1660-0025. Affected Public: State, local and Indian tribal governments. Estimated Total Annual Burden Hours: 803 hours. A breakdown of the burden follows: DHS forms No. of responders (A) Frequency of response (B) Hours per response and record- keeping (C) Annual bur- den hours (A x B x C) 28 28 28 28 28 28 1 1 1 1 2 2 1 hour 1 hour 30 minutes 10 minutes 9 hours 4 hours 2 28 hours, 28 hours. 28 hours, 5 hours. 504 hours. 224 hours. The following forms were approved under 1660-0025: SF-424 Application for Federal Assistance DHS Form 20-10 Financial Status Report DHS Forms 20-16, 20-16A, 20-16C, Summary Sheet for As- surances and Certifications. SF LLL, Disclosure of Lobbying Activities DHS Form 20-20, Budget Information Non -Construction Pro- grams and Budget Narrative, SF 270, Request for Advance or Reimbursement Subtotal 224 803 hours. OMB Number: New. Abstract: In order to implement the US&R program, DHS must collect certain types of information not included in OMB Control Number 1660-0025, including memoranda of agreement, program narrative statements, grant awards, progress reports, extension or change requests, closeout information and audits. Affected Public: State, local and Indian tribal governments. Estimated Total Annual Burden Hours: 1181 hours. A breakdown of the burden follows: DHS forms No. of responders (A) Frequency of response (B) Hours per response and recordkeeping (C) Annual burden hours (A x B x C) The following are new collections: Narrative Statement Progress Reports Extension or Change Requests Audits of States, Local Governments, and Non -Profit Organi- zations. Memoranda of Agreement Subtotal 28 28 5 28 28 2 2 1 .1 1 4 hours 2 hours 1 hour 30 hours C) 224 hours. 22 112 hours. 5 hours. 840 hours. 8 145 1181 hours. Total hours 369 1984 hours. I After we publish the final rule, we will prepare a standardized, streamlined memorandum of agreement in consultation with the National US&R Response System Advisory Committee and its Legal Issues Working Group. When completed, we will make a second Paperwork Reduc- tion Act submission to OMB. Estimated Times and Costs: The approximate annual salary of State and local staff who will complete the forms is $35,000. The approximate hourly rate of pay is $18.90 ($35,000 divided by 1850 hours). The total cost to grantees is estimated to be $37,498. The cost to DHS is largely personnel salary costs to review and analyze the information collected on these forms — for all DHS grant programs, not just US&R grants, which is a significant portion of grants management annual work. We estimate that for the US&R program, DHS Headquarters would expend approximately 672 hours on analysis, or an average of 24 hours per program. We estimate the cost to DHS to be $14,112 (672 hours times $21 per hour of staff work). Printing costs are minimal because the forms are available in electronic format. 9194 Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations The total annual estimated time and costs are 1984 hours and $37,498 cost to applicants and $14,112 cost to DHS. This calculation is based on the number of burden hours for each type of information collection/form, as indicated above, and the estimated wage rates for those individuals responsible for collecting the information or completing the forms. The new collection is required for sound grants management and compliance with OMB Circulars and DHS regulations. FOR FURTHER INFORMATION CONTACT: Contact Michael Tamillow, Emergency Preparedness and Response Directorate, Department of Homeland Security, 500 C Street, SW., Washington, DC 20472, telephone (202) 646-2549, facsimile (202) 646-4684, or e-mail mike.tamillow@dhs.govfor additional information. You may contact Muriel B. Anderson for copies of the proposed collection of information at (202) 646- 2625 or (facsimile) (202) 646-3347, or e- mail informationcollections@dhs.gov. Executive Order 13132 Federalism - Federalism Summary Impact Statement Executive Order 13132 requires DHS to develop a process to ensure "meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications." Such policies are defined in the Executive Order to include rules that have "substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government." We have analyzed this interim rule in accordance with the principles and criteria in the Executive Order and has determined that this interim rule would not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. The rule imposes no mandates on State or local governments; participation in the National US&R Response System is strictly voluntary. Moreover, one of the most significant objectives of this program is to build State and local US&R capability. The US&R program recognizes the primary role of State and local governments in responding to disasters and emergencies. Equipment and supplies purchased with Federal funds may be used to respond to in -state disasters and emergencies. The teams may only be deployed across State lines when released by their home State. The assistance these teams provide, like other assistance under the Stafford Act, is only furnished when disaster or emergency needs exceed the combined State and local capabilities and the Governor requests the assistance. Therefore, we certify that this interim rule does not have federalism implications as defined in Executive Order 13132. While this interim rule does not have federalism implications, this rule has been developed through a collaborative process with representatives of State and local governments. As noted above, the Legal Issues Working Group, a subgroup of the National US&R Response System Advisory Committee, developed the original draft of these regulations. The National US&R Response System presented a draft to DHS. The Legal Issues Working Group and the National US&R Response System Advisory Committee both comprised Federal, State and Local Government officials, as well as representatives of labor organizations, some of whose members serve on the US&R Task Forces. Congressional Review of Agency Rulemaldng We have sent this final rule to the Congress and to the General Accounting Office under the Congressional Review of Agency Rulemaking Act, Pub. L. 104- 121, The rule is not a "major rule" within the meaning of that Act. It standardizes the financing, administration and operation of the National Urban Search and Rescue Response System, a cooperative effort of the Department of Homeland Security, participating State emergency management agencies and local public safety agencies across the country. The rule will not result in a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. It will not have "significant adverse effects" on competition, employment, investment, productivity, innovation, or on the ability of United States -based enterprises to compete with foreign - based enterprises. This rule is subject to the information collection requirements of the Paperwork Reduction Act and OMB has assigned Control No. 1660- 0025. The rule is not an unfunded Federal mandate within the meaning of the Unfunded Mandates Reform Act of 1995, Pub. L. 104-4, and any enforceable duties that we impose are a condition of Federal assistance or a duty arising from participation in a voluntary Federal program. List of Subjects in 44 CFR Part 208 Disaster assistance, Grant programs. • Accordingly, we add part 208 to title 44, chapter 1 of the Code of Federal Regulations, as follows: PART 208-NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM Subpart A -General Sec. 208.1 Purpose and scope of this part. 208.2 Definitions of terms used in this part. 208.3 Authority for the National US&R Response System. 208.4 Purpose for System. 208.5 Authority of the Director of the Response Division (Director). 208.E System resource reports. 208.7 Enforcement. 208.8 Code of conduct. 208.9 Agreements between Sponsoring Agencies and Participating Agencies. 208.10 Other regulations. 208.11 Federal status of System Members, 208.12 Maximum Pay Rate Table. 208.13-208.20 [Reserved] Subpart B-Preparedness Cooperative Agreements 208.21 Purpose. 208.22 Preparedness Cooperative Agreement process. 208.23 Allowable costs under Preparedness Cooperative Agreements. 208.24 Purchase and maintenance of items not listed an Equipment Cache List. 208.25 Obsolete equipment. 208.26 Accountability for use of funds. 208.27 Title to equipment. 208.28-208.30 [Reserved]. Subpart C-Response Cooperative Agreements 208.31 Purpose. 208.32 Definitions of terms used in this subpart. 208.33 Allowable costs. 208,34 Agreements between Sponsoring Agencies and others. 208.35 Reimbursement for Advisory. 208.36 Reimbursement for Alert. 208.37 Reimbursement for equipment and supply costs incurred during Activation. 208.38 Reimbursement for re -supply and logistics costs incurred during Activation. 208.39 Reimbursement for personnel costs incurred during Activation. 208.40 Reimbursement of fringe benefit costs during Activation. 208.41 Administrative allowance. 208.42 Reimbursement for other administrative costs. 208.43 Rehabilitation. 208.44 Reimbursement for other costs. 208.45 Advance of funds. 208.46 Title to equipment. 208.47-208.50 [Reserved] Subpart D-Reimbursement Claims and Appeals 208.51 General. 208.52 Reimbursement procedures. Federal Register/Vol. 70, No. 36 /Thursday, February 24, 2005/Rules and Regulations 9195 208.53-208.59 [Reserved] 208.60 Determination of claims. 208.61 Payment of claims. 208.62 Appeals. 208.63 Request by DHS for supplemental information. 208,64 Administrative and audit requirements. 208.65 Mode of transmission. 208.66 Reopening of claims for retrospective or retroactive adjustment of costs. 208.67-208.70 [Reserved] Authority: Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 through 5206; Reorganization Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; Homeland Security Act of 2002, 6 U.S.C. 101; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376; E.O. 12148, 44 FR 43239, 3 CFR, 1979 Comp., p. 412; E.O. 13286, 68 FR 10619, 3 CFR, 2003 Comp., p. 166. Subpart A —General § 208.1 Purpose and scope of this part. (a) Purpose. The purpose of this part is to prescribe policies and procedures pertaining to the Department of Homeland Security's (DHS) National Urban Search and Rescue Response System. (b) Scope. This part applies to Sponsoring Agencies and other participants in the National Urban Search and Rescue Response System that have executed agreements governed by this part. Part 206 of this chapter does not apply to activities undertaken under this part, except as provided in §§ 208.5 and 208.10 of this part. This part does not apply to reimbursement under part 206, subpart H, of this chapter. §208.2 Definitions of terms used in this part. (a) General. Any capitalized word in this part is a defined term unless such capitalization results from the application of standard capitalization or style rules for Federal regulations. The following definitions have general applicability throughout this part: Activated or Activation means the status of a System resource placed at the direction, control and funding of DHS in response to, or in anticipation of, a presidential declaration of a major disaster or emergency under the Stafford Act. Activation Order means the DHS communication placing a System resource under the direction, control, and funding of DHS. Advisory means a DHS communication to System resources indicating that an event has occurred or DHS anticipates will occur that may require Alert or Activation of System resources. Alert means the status of a System (1) The equipment and supplies that resource's readiness when triggered by US&R will furnish to Sponsoring an Alert Order indicating that DHS may Agencies; and Activate the System resource. (2) The maximum quantities and Alert Order means the DHS types of equipment and supplies that a communication that places a System Sponsoring Agency may purchase and resource on Alert status. maintain with DHS funds. Assistance Officer means the DHS Federal Excess Property means any employee who has legal authority to Federal personal property under the control of a Federal agency that the bind DHS by Agreements.awarding and amending agency head or a designee determines is Cooperative not required for its needs or for the BacIcfill means the personnel practice discharge of its responsibilities. of temporarily replacing a person in his Federal Response Plan means the or her usual position with another signed agreement among various person. Federal departments and agencies that Cooperating Agency means a State or provides a mechanism for coordinating Local Government that has executed a delivery of Federal assistance and Cooperative Agreement to provide resources to augment efforts of State and Technical Specialists. Local Governments overwhelmed by a Cooperative Agreement means a legal Major Disaster or Emergency, supports instrument between DHS and a implementation of the Stafford Act, as Sponsoring Agency or Cooperating well as individual agency statutory Agency that provides funds to authorities, and supplements other accomplish a public purpose and Federal emergency operations plans anticipates substantial Federal developed to address specific hazards. involvement during the performance of Joint Management Team or JMT the contemplated activity. means a multi -disciplinary group of Daily Cost Estimate means a National Disaster Medical System Sponsoring Agency's estimate of Task (NDMS), Urban Search and Rescue Force personnel compensation, itemized (US&R), and other specialists combined fringe benefit rates and amounts to provide operations, planning, including calculations, and Backfill expenditures for a 24-hour period of Activation. Deputy Director means the Deputy Director of the Response Division, Emergency Preparedness and Response Directorate, Department of Homeland Security, or other person that the Director designates. DHS means the Department of Homeland Security. Director means the Director of the logistics, finance and administrative support for US&R and NDMS resources, and to provide technical advice and assistance to States and Local Governments. Local Government means any county, city, village, town, district, or other political subdivision of any State; any federally recognized Indian tribe or authorized tribal organization; and any Alaska Native village or organization. Major Disaster means any natural Response Division, Emergency catastrophe (including any hurricane, Preparedness and Response Directorate, tornado, storm, high water, wind driven DHS. water, tidal wave, tsunami, earthquake, Disaster Search Canine Team means a volcanic eruption, landslide, mudslide, disaster search canine and handler who snowstorm, or drought), or regardless of have successfully completed the written cause, any fire, flood, or explosion, in examination and demonstrated the any part of the United States, that in the performance skills required by the Disaster Search Canine Readiness Evaluation Process, A disaster search determination of the President, causes damage of sufficient severity and magnitude to warrant major disaster canine is a dog that has successfully assistance under the Stafford Act to completed the DHS Disaster Search supplement the efforts and available Canine Readiness Evaluation criteria for resources of States, Local Governments, Type II or both Type II and Type I. and disaster relief organizations in Emergency means any occasion or alleviating the damage, loss, hardship, instance for which, in the determination or suffering caused thereby. of the President, Federal assistance is Memorandum of Agreement (MOA) needed to supplement State and local means the document signed by DHS, a efforts and capabilities to save lives and Sponsoring Agency and its State that to protect property and public health describes the relationship of the parties and safety, or to lessen or avert the with respect to the National Urban threat of a catastrophe in any part of the Search & Rescue Response System. United States. Participating Agency means a State or Equipment Cache List means the Local Government, non-profit DHS-issued list that defines: organization, or private organization 9196 Federal Register/Vol. 70, No. 36/Thursday, February 24, 2005/Rules and Regulations that has executed an agreement with a Sponsoring Agency to participate in the National US&R Response System, Personnel Rehabilitation Period means the period allowed by DHS for a person's rehabilitation to normal conditions of living following an Activation. Preparedness Cooperative Agreement means the agreement between DHS and a Sponsoring Agency for reimbursement of allowable expenditures incurred by the Sponsoring Agency to develop and maintain System capabilities and operational readiness. Program Directive means guidance and direction for action to ensure consistency and standardization across the National US&R Response System. Program Manager means the individual, or his or her designee, within DHS who is responsible for day- to-day administration of the National US&R Response System. Program Office means the organizational entity within DHS that is responsible for day-to-day administration of the National US&R Response System. Response Cooperative Agreement means an agreement between DHS and a Sponsoring Agency for reimbursement of allowable expenditures incurred by the Sponsoring Agency as a result of an Alert or Activation. Sponsoring Agencymeans a State or Local Government that has executed an MOA with DHS to organize and administer a Task Force. Stafford Act means the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 through 5206. State means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia or the Republic of the Marshall Islands. Support Specialist means a person participating in the System who assists the Task Force with administrative or other support during mobilization, ground transportation and demobilization as directed. System or National US&R Response System means the national US&R response capability administered by DHS. System Member means any Task Force Member, JMT Member, Technical Specialist, Support Specialist or Disaster Search Canine Team. Task Force means an integrated US&R organization of multi -disciplinary resources with common communications and a leader, organized and administered by a Sponsoring Agency and meeting DHS standards. Task Force Member means a person occupying a position on a Task Force. Technical Specialist means a person _ participating in the System contributing technical knowledge and skill who may be placed on Alert or Activated as a single resource and not as a part of a JMT or a Task Force. US&R means urban search and rescue, the process of searching for, extricating, and providing for the immediate medical stabilization of victims who are entrapped in collapsed structures. (b) Additional definitions. Definitions for certain terms that apply only to individual subparts of this part are located in those subparts. § 208.3 Authority for the National US&R Response System. (a) Enabling legislation. The Federal Emergency Management Agency established and operated the System under the authority of §§ 303, 306(a), 306(b), 403(a)(3)(B) and 621(c) of the Stafford Act, 42 U.S.C. 5144, 5149(a), 5149(b), 5170b(a)(3)(B) and 5197(c), respectively. Section 503 of the Homeland Security Act of 2002, 6 U.S.C. 313, transferred the functions of the Director of FEMA to the Secretary of Homeland Security. The President redelegated to the Secretary of Homeland Security in Executive Order 13286 those authorities of the President under the Stafford Act that had been delegated previously to the Director of FEMA under Executive Order 12148. (b) Implementing plan. The National Response Plan identifies DHS as the primary Federal agency with responsibility for Emergency Support Function 9, Urban Search and Rescue. and assess the efficiency and effectiveness of System resources. § 208.6 System resource reports. (a) Reports to Director. The Director may request reports from any System resource relating to its activities as part of the System. (b) Reports to FEMA Regional Directors. Any FEMA Regional Director may request through the Director reports from any System resource used within or based within the Regional Director's jurisdiction. (c) Audits, investigations, studies and evaluations. DHS and the General Accounting Office may conduct audits, investigations, studies, and evaluations as necessary. Sponsoring Agencies, Participating Agencies and System Members are expected to cooperate fully in such audits, investigations, studies and evaluations. § 208.4 Purpose for System. It is DHS policy to develop and provide a national system of standardized US&R resources to respond to Emergencies and Major Disasters that are beyond the capabilities of affected State and Local Governments. § 208.5 Authority of the Director of the Response Division (Director). (a) Participation in activities of the System. The Director is responsible for determining participation in the System and any activity thereof, including but not limited to whether a System resource is operationally ready for Activation. (b) Standards for and measurement of System efficiency and effectiveness. In addition to the authority provided in § 206.13 of this chapter, the Director may establish performance standards § 208.7 Enforcement (a) Remedies for noncompliance. In accordance with the provisions of 44 CFR 13.43, if a Sponsoring Agency, Participating Agency, Affiliated Personnel or other System Member materially fails to comply with a term of a Cooperative Agreement, Memorandum of Agreement, System directive or other Program Directive, the Director may take one or more of the actions provided in 44 CFR 13.43(a)(1) through (5). Any such enforcement action taken by the Director will be subject to the hearings, appeals, and effects of suspension and termination provisions of 44 CFR 13.43(b) and (c). (b) The enforcement remedies identified in this section, including suspension and termination, do not preclude a Sponsoring Agency, Participating Agency, Affiliated Personnel or other System Member from being subject to "Debarment and Suspension" under E.O. 12549, as amended, in accordance with 44 CFR 13.43(d). (c) Other authority for sanctions. Nothing in this section limits or precludes the application of other authority to impose civil or criminal sanctions, including 42 U.S.C. 5156. §208.8' Code of conduct. The Director will develop and implement a code of conduct for System Members acting under DHS's direction and control. Nothing in this section or the DHS code of conduct will limit the authority of a Sponsoring Agency, Participating Agency or Cooperating Agency to apply its own code of conduct to its System Members or employees. If the DHS code is more restrictive, it controls. Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations 9197 § 208.9 Agreements between Sponsoring Agencies and Participating Agencies. Every agreement between a Sponsoring Agency and a Participating Agency regarding the System must include a provision making this part applicable to the Participating Agency and its employees who engage in System activities. §208.10 Other regulations. The following provisions of title 44 CFR, Chapter I also apply to the program in this part: (a) Section 206.9, which deals with the non -liability of DHS in certain circumstances. (b) Section 206.11, which prescribes nondiscrimination in the provision of disaster assistance. (c) Section 206.14, which deals with criminal and civil penalties. (d) Section 206.15, which permits recovery of assistance by DHS. §208.11 Federal status of System Members. The Director will appoint all Activated System Members as temporary excepted Federal volunteers. The Director may appoint a System Member who participates in Alert activities as such a Federal volunteer. The Director may also appoint each System Member who participates in DHS-sanctioned preparedness activities as a temporary excepted Federal volunteer. DHS intends these appointments to secure protection for such volunteers under the Federal Employees Compensation Act and the Federal Tort Claims Act and do not intend to interfere with any preexisting employment relationship between. a System Member and a Sponsoring Agency, Cooperating Agency or Participating Agency. System Members whom DHS appoints as temporary excepted Federal volunteers will not receive any compensation or employee benefit directly from the United States of America for their service, but will be compensated through their Sponsoring Agency. §208.12 Maximum Pay Rate Table. (a) Purpose. This section establishes the process for creating and updating the Maximum Pay Rate Table (Table), and the Table's use to reimburse Affiliated Personnel (Task Force Physicians, Task Force Engineers, and Canine Handlers) and Backfill for Activated System Members employed by or otherwise associated with a for - profit Participating Agency. Section 208.32 defines the "Maximum Pay Rate Table" as "the DHS-issued table that identifies the maximum pay rates for selected System positions that may be used for reimbursement of Affiliated Personnel compensation and Backfill for Activated System Members employed by or otherwise associated with a for - profit Participating Agency." In that same section, the term "Affiliated Personnel" is defined as "individuals not normally employed by a Sponsoring Agency or Participating Agency and individuals normally affiliated with a Sponsoring Agency or Participating Agency as volunteers." (b) Scope of this section. (1) The Maximum Pay Rate Table applies to those individuals who are not normally employed by a Sponsoring Agency or Participating Agency, or whose affiliation with a Sponsoring Agency or Participating Agency is as a volunteer; that is, an individual whom the Sponsoring Agency or Participating Agency does not normally compensate in any way, at any rate. (2) The Table also applies to Backfill for Activated System Members employed by or otherwise associated with a for -profit Participating Agency. (c) Method for determining maximum pay rates. (1) DHS uses the United States Office of Personnel Management's salary rates, computed under 5 U.S.C. 5504, as the basis for the maximum pay rate schedule. DHS considers System members' experience and sets maximum pay rates at the maximum grade, middle step for each position, which demonstrates an experience level of five years. (2) The Office of Personnel Management (OPM) publishes salary and locality pay schedules each calendar year, (i) Physicians. DHS uses the latest Special Salary Rate Table Number 0290 for Medical Officers (Clinical) Worldwide for physicians. The rates used in the initial Table can be found at http:/Iwww.opm.gov/oca/03 tables/ SSR/HTML/0290.asp. (ii) Engineers and Canine Handlers. DHS uses the latest General Schedule pay scale for both positions. Both specialties are compared to the General Schedule pay scale to ensure parity with like specialties on a task force (canine handlers are equated with rescue specialists). The rates used in the initial Table can be found at http:// www.opm.gov/oca/03tables/html/ gs.asp. (iii) Locality Pay. To determine adjustments for locality pay DHS uses the latest locality pay areas (including the "Rest of U.S." area) established by OPM. The rates used in the initial Table can be found at http://www.opm.gov/ oca/03tables/locdef.asp. (3) Review and update. DHS will review and update the Table periodically, at least annually. The comments of Sponsoring and Participating Agencies and their experience with the Table will be considered and evaluated in the course of the reviews. (4) Initial rates and subsequent revisions, DHS will publish the initial maximum pay rate table in the Federal Register as a notice with request for comments. Subsequent revisions will be made to the pay rate table as OPM changes salary rates as described in this section, When subsequent revisions are made to the maximum pay rate table DHS will publish the new maximum pay rate table in the Federal Register. The rates will be effective for the latest year indicated by OPM.1 (d) Application of the maximum pay rate table—(1) Applicability. The Maximum Pay Rate Table sets forth maximum rates for which DHS will reimburse the Sponsoring Agency for compensation paid to Activated Affiliated Personnel and as Backfill for Activated System Members employed by or otherwise associated with a for - profit Participating Agency. (2) Higher rates. The Sponsoring Agency may choose to pay Affiliated Personnel at a higher rate, but DHS will not reimburse the increment above the maximum rate specified in the Maximum Pay Rate Table. Likewise, the Sponsoring Agency may choose to enter into a Participating Agency agreement with the individual's employer, rather than use the individual as an Affiliated Personnel, in which case the Maximum Pay Rate Table would not apply. (3) Compensation for Sponsoring Agency employees serving as Affiliated Personnel. An employee of a Sponsoring Agency serving on a Task Force in a capacity other than his or her normal job, e.g., a fire department dispatcher affiliated with the Task Force as a canine search specialist, as an Affiliated Personnel, would not necessarily be subject to the Maximum Pay Rate Table for reimbursement for salary and benefits for that individual. However, Sponsoring Agencies may use the rates in the Maximum Pay Rate Table as a guide for establishing compensation levels for such individuals. (4) Backfill expenses for Affiliated Personnel under § 208.39(g). (i) The only way that DHS can reimburse for Backfill costs incurred for Affiliated Personnel is through Participating In some years the latest year may not be the current calendar year. For instance, OPM did not change its pay rates for calendar year 2004, and the 2003 schedules apply. 9198 Federal Register /Vol. 70, N o. 36 /Thursday, February 24, 2005 /Rules and Regulations Agencies. If reimbursement for Backfill expenses is needed for Affiliated Personnel, DHS encourages them to urge their employers or professional association to seek Participating Agency status. (ii) Private, for -profit organizations. Participating Agency status is available to private, for -profit organizations, e.g., HMOs or medical or engineering professional associations, under the revised definition of "Participating Agency" set forth in this Interim rule. (See Definitions, § 208.2, Participating Agency, and § 208.32, Maximum Pay Rate Table). When a for -profit Participating Agency must backfill an Activated System Member's position we will compensate that Participating Agency up to the maximum rate provided in the Table. (iii) Compensation costs. DHS will reimburse for -profit organizations, for purposes of reimbursement and Backfill, for the System Member's actual compensation or the actual compensation of the individual who Backfills a position (which includes salary and benefits, as described in §§ 208.39 and 208,40), but will not reimburse for billable or other rates that might be charged for services rendered to commercial clients or patients. §§208.13-208.20 [Reserved] Subpart B—Preparedness Cooperative Agreements Officer will issue a call for Cooperative (a) Administration, including: Agreement amendment applications. (1) Management and administration of The Assistance Officer will specify day-to-day System activities such as required application forms and personnel compensation and benefits supporting documentation to be relating to System maintenance and submitted with the application. development, record keeping, inventory (2) Period of performance. Absent of equipment, and correspondence; special circumstances, the period of (2) Travel to and from System performance for Preparedness activities, meetings, conferences, Cooperative Agreements will be 1 year training, drills and exercises; from the date of award. The Assistance (3) Tests and examinations, including Officer may allow for an alternate vaccinations, immunizations and other period of performance with the approval tests that are not normally required or of the Director. provided in the course of a System (3) Assistance Officer. The Assistance Member's employment, and that DHS Officer is the only individual authorized requires to meet its standards. to award or modify a Preparedness (b) Training: Cooperative Agreement. (1) Development and delivery of, and (d) Award amounts. The Director will participation in, System -related training determine award amounts on an annual courses, exercises, and drills; basis. A Task Force is eligible for an (2) Construction, maintenance, lease annual award only if the Program or purchase of System -related training Manager receives and approves the Task facilities or materials; Force's current -year Daily Cost Estimate. (3) Personnel compensation expenses, (e) DHS priorities. The Director wi11 including overtime and other related establish overall priorities for the use of expenses associated with System -related Preparedness Cooperative Agreement training, exercises, or drills; funds taking into consideration the (4) System -required evaluations and results of readiness evaluations and certifications other than the actual Activations, overall priorities of certifications that DHS requires System DHS, and other factors, as appropriate. Members to possess at the time of entry (f) Cost sharing. The Director may into the System. For instance, DHS will subject Preparedness Cooperative not pay for a medical school degree, Agreement awards to cost sharing paramedic certification or provisions. In the call for Preparedness recertification, civil engineering license, Cooperative Agreement amendment etc. applications, the Assistance Officer (c) Equipment: must inform Sponsoring Agencies about (1) procurement of equipment and § 208.21 Purpose. any cost sharing obligations. supplies specifically identified on the Subpart B of this part provides (g) Sponsoring Agency priorities. The then -current DHS-approved Equipment guidance on the administration of Sponsoring Agency should indicate its Gache List; Preparedness Cooperative Agreements. spending priorities in the application. (2) Maintenance and repair of The Program Manager will review these on the current § 208.22 Preparedness Cooperative priorities and will make Equipment equipment includeduList; Agreement process. recommendations to the Assistance (3) Maintenance and repair of (a) Application. To obtain DHS Officer for negotiating the final macquired approval funding for an award or amendment of agreement. equipment Federal withss DHS Property a Preparedness Cooperative Agreement, (h) Responsibility to maintain through theexcept aExcess rn § r08.25 the Sponsoring Agency must submit an integrity of the equipment cache. The ofprogthisrpart; application. Standard form SF-424 Sponsoring Agency is responsible to "Application for Federal Assistance" maintain the integrity of the equipment maintenance or ]oast (4) Purchase, construction,oftorage facilities generally will be used. However, the cache, including but not limited to, and associated equipment for System application must be in a form that the maintenance of the cache, replacement equipment supplies. Assistance Officer specifies. of equipment or supplies expended in ui ment and searchpcanine expenses (b) Award. DHS will award a training, activations, or local use of the limited a Preparedness Cooperative Agreement to cache, and timely availability of the (1) to:Procurement for use as a System each Sponsoring Agency to provide cache for Task Force Activations. resource; Federal funding to develop and maintain System resource capabilities § 208.23 Allowable costs under (2) Training and certification and operational readiness. For the Preparedness Cooperative Agreements. expenses; purposes of the Preparedness System Members may spend Federal (3) Veterinary care. Cooperative Agreement, the Sponsoring funds that DHS provides under any (e) Management and administrative Agency will be considered the Preparedness Cooperative Agreement costs, actually incurred but not "recipient." and any required matching funds under otherwise specified in this section that (c) Amendment—(1) Procedure. 44 CFR 13.22 and this section to pay directly support the Sponsoring Absent special circumstances, DHS will reasonable, allowable, necessary and Agency's US&R capability, provided fund and amend Preparedness allocable costs that directly support that such costs do not exceed 7.5 Cooperative Agreements on an annual System activities, including the peerrccent of the award/amendment basis. Before amendment, the Assistance following: Federal Register /Vol. 70, No. 36/Thursday, February 24, 2005 /Rules and Regulations 9199 §20824 Purchase and maintenance of items not listed on Equipment Cache List. (a) Requests for purchase or maintenance of equipment and supplies not appearing on the Equipment Cache List, or that exceed the number specified in the Equipment Cache List, must be made in writing to the Program Manager. No Federal funds provided under any Preparedness Cooperative Agreement may be expended to purchase or maintain any equipment or supply item unless: (1) The equipment and supplies directly support the Sponsoring Agency's US&R capability; (2) The Program Manager approves the expenditure and gives written notice of his or her approval to the Sponsoring Agency before the Sponsoring Agency purchases the equipment or supply item. (b) Maintenance of items approved for purchase under this section is eligible for reimbursement, except as provided in § 208.26 of this subpart. §208.25 Obsolete equipment. (a) The Director will periodically identify obsolete items on the Equipment Cache List and provide such information to Sponsoring Agencies. (b) Neither funds that DHS provides nor matching funds required under a Preparedness Cooperative Agreement may be used to maintain or repair items that DHS has identified as obsolete. § 208.26 Accountability for use of funds. The Sponsoring Agency is accountable for the use of funds as provided under the Preparedness Cooperative Agreement, including financial reporting and retention and access requirements according to 44 CFR 13.41 and 13.42. § 208.27 Title to equipment. Title to equipment purchased by a Sponsoring Agency with funds provided under a DHS Preparedness Cooperative Agreement vests in the Sponsoring Agency, provided that DHS reserves the right to transfer title to the Federal Government or a third party that DHS may name, under 44 CFR 13.32(g), for example, when a Sponsoring Agency indicates or demonstrates that it cannot fulfill its obligations under the Memorandum of Agreement. §§ 208.28-208.30 [Reserved] Subpart C—Response Cooperative Agreements § 208.31 Purpose. Subpart C of this part provides guidance on the administration of Response Cooperative Agreements. § 208.32 Definitions of terms used in this subpart. Affiliated Personnel means individuals not normally employed by a Sponsoring Agency or Participating Agency and individuals normally affiliated with a Sponsoring Agency or Participating Agency as volunteers. Demobilization Order means a DHS communication that terminates an Alert or Activation and identifies cost and time allowances for rehabilitation. Exempt means any System Member who is exempt from the requirements of the Fair Labor Standards Act, 29 U.S.C. 201 et seq., pertaining to overtime compensation and other labor standards. Maximum Pay Rate Table means the DHS-issued table that identifies the maximum pay rates for selected System positions that may be used for reimbursement of Affiliated Personnel compensation and Backfill for Activated System Members employed by or otherwise associated with a for -profit Participating Agency. The Maximum Pay Rate Table does not apply to a System member whom a Sponsoring Agency or Participating Agency employs. Mobilization means the process of assembling equipment and personnel in response to an Alert or Activation. Non -Exempt means any System Member who is covered by 29 U.S.C. 201 et seq. Rehabilitation means the process of returning personnel and equipment to a pre -incident state of readiness after DHS terminates an Activation. §208.33 Allowable costs. (a) Cost neutrality. DHS policy is that an Alert or Activation should be as cost neutral as possible to Sponsoring Agencies and Participating Agencies. To make an Alert or Activation cost - neutral, DHS will reimburse under this subpart all reasonable, allowable, necessary and allocable costs that a Sponsoring Agency or Participating Agency incurs during the Alert or Activation. (b) Actual costs. Notwithstanding any other provision of this chapter, DHS will not reimburse a Sponsoring Agency or Participating Agency for any costs greater than those that the Sponsoring Agency or Participating Agency actually incurs during an Alert, Activation. (c) Normal or predetermined practices. Consistent with Office of Management and Budget (OMB) Circulars A-21, A-87, A-102 and A- 110 (2 CFR part 215), as applicable, Sponsoring Agencies and Participating Agencies must adhere to their own normal and predetermined practices and policies of general application when requesting reimbursement from DHS except as it sets out in this subpart. (d) Indirect costs. Indirect costs beyond the administrative and management costs allowance established by § 208.41 of this part are not allowable. §208.34 Agreements between Sponsoring Agencies and others. Sponsoring Agencies are responsible for executing such agreements with Participating Agencies and Affiliated Personnel as may be necessary to implement the Sponsoring Agency's Response Cooperative Agreement with DHS. Those agreements must identify established hourly or daily rates of pay for System Members. The hourly or daily rates of pay for Affiliated Personnel must be in accordance with, and must not exceed, the maximum pay rates contained in the then -current Maximum Pay Rate Table. § 208.35 Reimbursement for Advisory. DHS will not reimburse costs incurred during an Advisory. § 208.36 Reimbursement for Alert. (a) Allowable costs. DHS will reimburse costs incurred during an Alert, up to the dollar limit specified in the Alert Order, for the following activities: (1) Personnel costs, including Backfill, incurred to prepare for Activation. (2) Transportation costs relating to hiring, leasing, or renting vehicles and drivers. (3) The administrative allowance provided in § 208.41 of this part. (4) Food and beverages for Task Force Members and Support Specialists when DHS does not provide meals during the Alert. DHS will limit food and beverage reimbursement to the amount of the then -current Federal meals daily allowance published in the Federal Register for the locality where such food and beverages were provided, multiplied by the number of personnel who received them. (b) Calculation of Alert Order dollar limit. The Alert Order dollar limit will equal: (1) An allowance of 10 percent of the Task Force's Daily Cost Estimate; and (2) A supplemental allowance of 1 percent of the Task Force's Daily Cost Estimate for each 24-hour period beyond the first 72 hours of Alert (c) Non -allowable costs. DFIS will not reimburse costs incurred or relating to the leasing, hiring or chartering of aircraft or the purchase of any equipment, aircraft, or vehicles. 9200 Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations § 208.37 Reimbursement for equipment and supply costs Incurred during Activation. (a) Allowable costs. DHS will reimburse costs incurred for the emergency procurement of equipment and supplies in the number, type, and up to the cost specified in the current approved Equipment Cache List, and up to the aggregate dollar limit specified in the Activation Order. The Director may determine emergency procurement dollar limits, taking into account previous Activation history, available funding, the extent and nature of the incident, and the current state of Task Force readiness. (b) Non -Allowable costs. DHS will not reimburse costs incurred for items that are not listed on the Equipment Cache List; for items purchased greater than the cost or quantity identified in the Equipment Cache List; or for any purchase of non -expendable items that duplicate a previous purchase under a Preparedness or Response Cooperative Agreement. § 208.38 Reimbursement for re -supply and logistics costs incurred during Activation. With the exception of emergency procurement authorized in the Activation Order, and replacement of consumable items provided for in § 208.43(a)(2) of this subpart, DHS will not reimburse costs incurred for re- supply and logistical support during Activation. Re -supply and logistical support of Task Forces needed during Activation are the responsibility of the Joint Management Team. § 208.39 Reimbursement for personnel costs incurred during Activation. (a) Compensation. DHS will reimburse the Sponsoring Agency for costs incurred for the compensation of each Activated System Member during Activation. Reimbursement of compensation costs for Activated Support Specialists will be limited to periods of time during which they were actively supporting the Activation or traveling to or from locations at which they were actively supporting the Activation. The provisions of § 208.40 of this part govern costs incurred for providing fringe benefits to System Members. (b) Public Safety Exemption not applicable. DHS will reimburse Sponsoring Agencies for costs incurred by Non -Exempt System Members in accordance with 29 U.S.C. 207(a) of the Fair Labor Standards Act, without regard to the public safety exemption contained in 29 U.S.C. 207(k). In other words, DHS will reimburse Sponsoring Agencies on an overtime basis for any hours worked by Non -Exempt System Members greater than 40 hours during a regular workweek. (c) Tour of duty. The tour of duty for all Activated System Members will be 24 hours. DHS will reimburse the Sponsoring Agency for salary and overtime costs incurred in compensating System Members for meal periods and regularly scheduled sleep periods during Activation. Activated System Members are considered "on - duty" and must be available for immediate response at all times during Activation. (d) Regular rate. The regular rate for purposes of calculatingallowable salary and overtime costs is the amount determined in accordance with § 208.39(e)(1) through (3) of this subpart. (e) Procedures for calculating compensation during Activation. A Sponsoring Agency or Participating Agency must: (1) Convert the base hourly wage of any Non -Exempt System Member regularly paid under 29 U.S.C. 207(k) to its equivalent for a 40-hour work week; (2) Convert the annual salary of any salaried Non -Exempt System Member to its hourly equivalent for a 40-hour workweek; (3) Calculate the daily compensation of Exempt System Members based on their current annual salary, exclusive of fringe benefits; (4) Calculate the total number of hours worked by each System Member to be included in the Sponsoring Agency's request for reimbursement; and (5) Submit a request for reimbursement under § 208.52 of this part according to the following table: If the Sponsoring Agency or Participating Agency'' And the Sponsoring Agency or Participating Agency' * * Then the following compensation costs are allowable: (i) Customarily and usually compensates Ex- empt System Members by paying a salary, but not overtime, (ii) Customarily and usually compensates Ex- empt System Members by paying a salary but not overtime (iii) Customarily and usually compensates Ex- empt System Members by paying a salary and overtime, (iv) Customarily and usually compensates Non - Exempt System Members by paying overtime after 40 hours per week, Does not customarily and usually grant com- pensatory time or other form of overtime substitute to Exempt System members. Customarily and usually awards compen- satory time or other overtime substitute for Exempt System Members for hours worked above a predetermined hours threshold (for example, the Sponsoring Agency custom- arily and usually grants compensatory time for all hours worked above 60 in a given week). Customarily and usually calculates overtime for Exempt System Members by paying a predetermined overtime payment for each hour worked above a predetermined hours threshold,. Does not customarily and usually grant com- pensatory time or other form of overtime substitute to Non -Exempt System members,. The daily compensation equivalent calculated under §208.39(e)(3) of this part for each Activated Exempt System Member for each full or partial day during Activation. The daily compensation equivalent calculated under §208.39(e)(3) of this part for each Activated Exempt System Member for each full or partial day during Activation AND the dollar value at the time of accrual of the compensatory time or other overtime sub- stitute for each Activated Exempt System Member based on the duration of the Acti- vation. The daily compensation equivalent calculated under §208.39(e)(3) of this part for each Activated Exempt System Member for each full or partial day during Activation AND the predetermined overtime payment for each hour during the Activation above the pre- viously determined hours threshold for each Activated Exempt System Member. For each seven-day period during the Activa- tion, the hourly wage of each Activated Non -Exempt System Member for the first 40 hours AND the overtime payment for each Activated Non -Exempt System Mem- ber for every hour over 40. Federal Register /Vol. 70, No. 36/Thursday, February 24, 2005 /Rules and Regulations 9201 If the Sponsoring Agency or Participating Agency • ` And the Sponsoring Agency or Participating Agency • • • (v) Customarily and usually compensates Non - Exempt System Members according to a compensation plan established under 29 U.S.C. 207(k), (vi) Activates Personnel, who are customarily and usually paid an hourly wage according to the Maximum Pay Rate Table, (vii) Activates Affiliated Personnel who are cus- tomarily and usually paid a daily compensa- tion rate according to the Maximum Pay Rate Table, (f) Reimbursement of additional salary and overtime costs. DHS will reimburse any identified additional salary and overtime cost incurred by a Sponsoring Agency as a result of the temporary conversion of a Non -Exempt System Member normally compensated under 29 U.S.C. 207(k) to a 40-hour work week under 29 U.S.C. 207(a). (g) Reimbursement for Backfill costs upon Activation. DHS will reimburse the cost to Backfill System Members. Backfill costs consist of the expenses generated by filling the position in If the Sponsoring Agency or Participating Agency • Does not customarily and usually grant com- pensatory time or other form of overtime substitute to Non -Exempt System Members,. Then the following compensation costs are allowable: For each seven-day period during the Activa- tion, the hourly wage equivalent of each Ac- tivated Non -Exempt System Member cal- culated under §208.39(e)(1) of this part for the first 40 hours AND the overtime pay- ment equivalent for each Activated Non -Ex- empt System Member calculated under §208.39(e)(1) of this part for every hour over 40. For each seven-day period during the Affili- ated Activation, the hourly wage for each Activated Affiliated Personnel for the first 40 hours and one and one-half times the hour- ly wage for each Activated Affiliated Per- sonnel for every hour over 40. The daily compensation rate for each Acti- vated Affiliated Personnel for each full or partial day during the Activation. which the Activated System Member should have been working. These costs are calculated by subtracting the non - overtime compensation, including fringe benefits, of Activated System Members from the total costs (non - overtime and overtime compensation, including fringe benefits) paid to Backfill the Activated System Members. Backfill reimbursement is available only for those positions that are normally Backfilled by the Sponsoring Agency or Participating Agency during Activation. Employees exempt under the Fair Labor Standards Act (FLSA) not normally Backfilled by the Sponsoring Agency or Participating Agency are not eligible for Backfill during Activation. §208.40 Reimbursement of fringe benefit costs during Activation. (a) Except as specified in §208.40 (c) of this subpart, DHS will reimburse the Sponsoring Agency for fringe benefit costs incurred during Activation according to the following table: Then the Sponsoring Agency or Participating Agency must • • * Example (1) Incurs a fringe benefit cost based on the number of base hours worked by a System Member, (2) Incurs a fringe benefit cost based on the number of hours a System Member actually worked (base hours and overtime), (3) Incurs a fringe benefit cost on a yearly basis based on the number of people employed full-time during the year, Bill DHS for a pro-rata share of the premium based on the number of base hours worked during Activation. Bill DHS for a pro-rata share of the premium based on the number of hours each System Member worked during Activation. Bill DNS for a pro-rata share of those fringe benefit costs based on the number of non - overtime hours worked during Activation by System Members employed full time. The City Fire Department incurs a premium of 3 percent for dental coverage based on the number of base hours worked in a week (53 hours). The City should bill DHS an ad- ditional 3 percent of the firefighter's con- verted compensation for the first 40 hours Activation. The City Fire Department pays a premium of 12 percent for retirement based on the number of hours worked by a firefighter. The City should bill DHS an additional 12 percent of the firefighter's total compensa- tion during Activation. The City Fire Department pays workers com- pensation premiums into the City risk fund for the following year, based on the number of full-time firefighters employed during the current year. The City should bill DHS for workers compensation premium costs by multiplying the hourly fringe benefit rate or amount by the number of non -overtime hours worked during Activation by full time firefighters who are System Members. (b) Differential pay. DHS will reimburse the Sponsoring Agency for direct costs incurred because of any separate differential compensation paid for work performed during an Activation including, but not limited to, differentials paid for holidays, night work, hazardous duty, or other paid fringe benefits, provided such differentials are not otherwise reimbursed under paragraph (a) of this section. A detailed explanation of the differential payment for which the Sponsoring Agency seeks reimbursement must accompany any 9202 Federal Register/Vol. 70, No. 36 /Thursday, February 24, 2005/Rules and Regulations request for reimbursement under this section together with identification of every fringe benefit sought under §208.40(a) of this part and the method used to calculate each such payment and the reimbursement sought from DHS. (c) DHS will not reimburse the Sponsoring Agency for fringe benefit costs for Affiliated Personnel. § 208.41 Administrative allowance. (a) The administrative allowance is intended to defray costs of the following activities, to the extent provided in paragraph (b) of this section; (1) Collecting expenditure information from Sponsoring Agencies and Participating Agencies; (2) Compiling and summarizing cost records and reimbursement claims; (3) Duplicating cost records and reimbursement claims; and (4) Submitting reimbursement claims, including mailing, transmittal, and related costs. (b) The administrative allowance will be equal to the following: (1) If total allowable costs are less than $100,000, 3 percent of total allowable costs included in the reimbursement claim; (2) If total allowable costs are $100,000 or more but less than $1,000,000, $3,000 plus 2 percent of costs included in the reimbursement claim greater than $100,000; (3) If total allowable costs are $1,000,000 or more, S21,000 phis 1 percent of costs included in the reimbursement claim greater than $1,000,000. § 208.42 Reimbursement for other administrative costs. Costs incurred for conducting after - action meetings and preparing after - action reports must be billed as direct costs in accordance with DHS administrative policy. §208.43 Rehabilitation. DHS will reimburse costs incurred to return System equipment and personnel to a state of readiness following Activation as provided in this section. (a) Costs for Equipment Cache List items—(1) Non -consumable items. DHS will reimburse costs incurred to repair or replace any non -consumable item on the Equipment Cache List that was lost, damaged, destroyed, or donated at DHS direction to another entity, during Activation. For each such item, the Sponsoring Agency must document, in writing, the circumstances of the loss, damage, destruction, or donation. (2) Consumable items. DHS will reimburse costs incurred to replace any consumable item on the Equipment Activation or traveling to or from Cache List that was consumed during locations at which they were actively Activation. supporting the Activation. Food and (3) Personnel costs associated with beverage reimbursement will be limited equipment cache rehabilitation. DHS to the amount of the then -current will reimburse costs incurred for the Federal meals and incidental expenses compensation, including benefits, daily allowance published in the payable for actual time worked by each Federal Register for the locality where person engaged in rehabilitating the such food and beverages were provided, equipment cache following Activation, multiplied by the number of personnel in accordance with the standard pay who received the same. policy of the Sponsoring Agency or Participating Agency and without regard § 208.44 Reimbursement for other costs. to the provisions of § 208.39(e)(1) of this (a) Except as allowed under paragraph part, up to the number of hours (b) of this section, DHS will not specified in the Demobilization Order. reimburse other costs incurred Fringe benefits are reimbursed under preceding, during or upon the the provisions of § 208.40 of this part. conclusion of an Activation unless, (b) Costs for personnel rehabilitation. before making the expenditure, the DHS will reimburse costs incurred for Sponsoring Agency has requested, in the compensation, including benefits writing, permission for a specific and Backfill, of each Activated System expenditure and has received written Member regularly scheduled to work permission from the Program Manager during the rehabilitation period or his or her designee to make such specified in the Demobilization Order, expenditure. in accordance with the standard pay (b) At the discretion of the Program policy of the Sponsoring Agency or Manager or his or her designee, a Participating Agency and without regard request for approval of costs presented to the provisions of § 208.39(e) (1) of this after the costs were incurred must be in part. writing and establish that: (c) Other allowable costs—(1) Local (1) The expenditure was essential to transportation. DHS will reimburse the Activation and was reasonable; costs incurred for transporting Task (2) Advance written approval by the Force Members from the point of Program Manager was not feasible; and assembly to the point of departure and (3) Advance verbal approval by the from the point of return to the location Program Manager had been requested where they are released from duty. DHS andwas given. will also reimburse transportation costs 208 45 Advance of funds. incurred for assembling and moving the § equipment cache from its usual place(s) At the time of Activation of a Task of storage to the point of departure, and Force, the Task Force will develop the from the point of return to its usual documentation necessary to request an place(s) of storage. Such reimbursement advance of funds be paid to such Task will include costs to return the means Force's Sponsoring Agency. Upon of transportation to its point of origin. approval, DHS will submit the (2) Ground transportation. When DHS documentation to the Assistance Officer orders a Sponsoring Agency to move its and will request an advance of funds up Task Force Members and equipment to 75 percent of the estimated personnel cache by ground transportation, DHS costs for the Activation. The estimated will reimburse costs incurred for such personnel costs will include the transportation, including but not limited salaries, benefits, and Backfill costs for to charges for contract carriers, rented Task Force Members and an estimate of vehicles, contract vehicle operators, the salaries, benefits and Backfill costs fleet vehicles, fuel and associated required for equipment cache transportation expenses. The Director rehabilitation. The advance of funds has authority to issue schedules of will not include any costs for equipment maximum hourly or per mile purchase. reimbursement rates for fleet and §208.46 Title to equipment. contract vehicles. (3) Food and beverages. DHS will Title to equipment purchased by a reimburse expenditures for food and Sponsoring Agency with funds provided beverages for Activated Task Force under a DHS Response Cooperative Members and Support Specialists when Agreement vests in the Sponsoring the Federal government does not Agency, provided that DHS reserves the provide meals during Activation. right to transfer title to the Federal Reimbursement of food and beverage Government or a third party that DHS costs for Activated Support Specialists may name, under 44 CFR 13.32(g), when will be limited to periods of time during a Sponsoring Agency indicates or which they were actively supporting the demonstrates that it cannot fulfill its Federal Register/Vol. 70, No. 36 /Thursday, February 24, 2005 /Rules and Regulations 9203 obligations under the Memorandum of Agreement. §§ 208.47-208.50 [Reserved] Subpart D—Reimbursement Claims and Appeals § 208.51 General. (a) Purpose. This subpart identifies the procedures that Sponsoring Agencies must use to request reimbursement from DHS for costs incurred under Response Cooperative Agreements. (b) Policy. It is DHS policy to reimburse Sponsoring Agencies as expeditiously as possible consistent with Federal laws and regulations. § 208.52 Reimbursement procedures. (a) General. A Sponsoring Agency must present a claim for reimbursement to DHS in such manner as the Director specifies . (b) Time for submission. (1) Claims for reimbursement must be submitted within 90 days after the end of the Personnel Rehabilitation Period specified in the Demobilization Order. (2) The Director may extend and specify the time limitation in paragraph (b)(1) of this section when the Sponsoring Agency justifies and requests the extension in writing. §§ 208.53-208.59 [Reserved] §208.60 Determination of claims. When DHS receives a reviewable claim for reimbursement, DHS will review the claim to determine whether and to what extent reimbursement is allowable. Except as provided in § 208.63 of this part, DHS will complete its review and give written notice to the Sponsoring Agency of its determination within 90 days after the date DHS receives the claim. If DHS determines that any item of cost is not eligible for reimbursement, its notice of determination will specify the grounds on which DHS disallowed reimbursement. §208.61 Payment of claims. DHS will reimburse all allowable costs for which a Sponsoring Agency requests reimbursement within 30 days after DHS determines that reimbursement is allowable, in whole or in part, at any stage of the reimbursement and appeal processes identified in this subpart. § 208.62 Appeals. (a) Initial appeal. The Sponsoring Agency may appeal to the Program Manager any determination made under consent of the Sponsoring Agency, no § 208.60 of this part to disallow more than one such time extension will reimbursement of an item of cost: be allowed for any stage of the (1) The appeal must be in. writing and reimbursement and appeal processes. submitted within 60 days after receipt of §208.64 Administrative and audit DHS's written notice of disallowance requirements. under § 208,60 of this part. (a) Non -Federal audit. For Sponsoring (2)tThe appeal must containheSponsoring legal and Agencies and States, requirements for factual justification for the g Agency's contention that the cost is non -Federal audit are contained in 44 allowable. CFR 13.26, in accordance with OMB (3) Within 90 days after DHS receives Circular A-133, Audits of States, Local an appeal, the Program Manager will Governments, and Non -Profit review the information submitted, make Organizations. such additional investigations as (b) Federal audit. DHS or the General necessary, make a determination on the Accounting Office may elect to conduct appeal, and submit written notice of the a Federal audit of any payment made to determination of the appeal to the a Sponsoring Agency or State. Sponsoring Agency. §208.65 Mode of transmission. (b) Final appeal. (1) If the Program When sending all submissions, Manager denies the initial appeal, in determinations, and requests for whole or in part, the Sponsoring Agencysudeterminations., information under this may submit a final appeal to the Deputy subpart, all parties must use a means of Director. The appeal must be made in delivery that permits both the sender writing and must be submitted not later and addressee to verify the dates of than 60 days after.receipt of written delivery. notice of DHS's determination of the initial appeal. § 208.66 Reopening of claims for (2) Within 90 days following the , retrospective or retroactive adjustment of receipt of a final appeal, the Deputy costs. Director will render a determination and (a) Upon written request by the notify the Sponsoring Agency, in Sponsoring Agency DHS will reopen the writing, of the final disposition of the time period for submission of a request appeal. for reimbursement after the Sponsoring (c) Failure to file timely appeal. If the Agency has submitted its request for Sponsoring Agency does not file an reimbursement, if: appeal within the time periods specified (1) The salary or wage rate applicable in this section, DHS will deem that the to the period of an Activation is Sponsoring Agency has waived its right retroactively changed due to the to appeal any decision that could have execution of a collective bargaining been the subject of an appeal. agreement, or due to the adoption of a § 208.63 Request by DHS for supplemental generally applicable State or local law, information. ordinance or wage order or a cost -of- (a) At any stage of the reimbursement living adjustment; (2) The Sponsoring Agency or any and appeal processes identified in this Participating Agency incurs an subpart, DHS may request the additional cost because of a legally - Sponsoring Agency to provide binding determination; or supplemental information that DHS (3) The Deputy Director determines considers necessary to determine either that other extenuating circumstances a claim for reimbursement or an appeal. existed that prevented the Sponsoring The Sponsoring Agency must exercise Agency from including the adjustment its best efforts to provide the of costs in its original submission. supplemental information and must (c) The Sponsoring Agency must submit to DHS a written response that notify DHS as early as practicable that includes such supplemental information it anticipates such a request. as the Sponsoring Agency is able to provide within 30 days after receiving §§208.67-208.70 [Reserved] DHS's request. Dated: February 3, 2005. (b) If DHS makes a request for Michael D. Brown, supplemental information at any stage of the reimbursement and appeal and Under Secretary, eeta y, a Emergency oPreparednness processes, the applicable time within adResponse,p f which its determination of the claim or Security. appeal is to be made will be extended [FR Doc. 05-3192 Filed 2-23-05; 8:45 aml by 30 days. However, without the BILLING CODE 9110-69-P EXHIBIT "C" Federal Emergency Management Agency Urban Search and Rescue/Florida Task Force H City of Miami Fire -Rescue 1151 NW 7 ST Miami, Florida 33136 Tel 305-416-5471 Fax 305-416-5475 US&R TF Program Directive 2015-06; Rates of Pay per Hour; Exhibit "C" November 23rd, 2015 - This Program Directive has been approved by the Assistant Fire Chief of Emergency Management. US&R FL-TF2 Position pay for non-CBA and civilian members shall be as follows until further notice: Task Force Leader Safety Officer Search Team Manger Tech Search Specialist Canine Search Specialist Rescue Team Manager Rescue Squad Office Rescue Specialist Medical Team Manager Medical Specialist Planning Team Manager Tech Information Specialist Structures Specialist Haz-Mat Manager Haz-Mat Manager HE/Rigging Specialist Logistics Manager Logistics Specialist Communications Specialist Support Specialist IST Member $42.00 $42.00 $42.00 $42.00 $42.00 $42.00 $42.00 $42.00 $120.00 $42.00 $42.00 $42.00 $120.00 $42.00 $42.00 $42.00 $42.00 $42.00 $42.00 $42.00 $60.00 These rates -of -pay will be the basis for hourly wages for those TF members not covered by a Public Safety Officer CBA and who have a signed PSA with the TF; as of January, 2016. This will include hourly wages for non -deployment labor, as well as hourly wages while on activation as part of a Task Force deployment, an IST deployment, or as part of a modular deployment for FEMA. This document will be referred to as "Exhibit C" and will supersede the "Exhibit C" document presently in the TF MOU and PSA's; pending approval and adoption by the Sponsoring Agency, until such time in the future that the document is updated by the TF administration. 1 5.Y1,3