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AGREEMENT INFORMATION AGREEMENT NUMBER 23709 NAME/TYPE OF AGREEMENT CITY OF CORAL SPRINGS DESCRIPTION MEMORANDUM OF AGREEMENT/FLORIDA TASK FORCE OF THE NATIONAL USAR RESPONSE SYSTEM/FILE ID: 9542/R-21. 0382/MATTER ID: 21-2723/#71 EFFECTIVE DATE November 3, 2021 ATTESTED BY TODD B. HANNON ATTESTED DATE 11/23/2021 DATE RECEIVED FROM ISSUING DEPT. 12/6/2021 NOTE CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Fire -Rescue DEPT. CONTACT PERSON: Maria T. Martinez EXT. 1672 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: "City of Coral Springs" IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES X NO TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES X NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT PROFESSIONAL SERVICES AGREEMENT X GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ❑ PUBLIC WORKS AGREEMENT D MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY: Memorandum of Agreement PURPOSE OF ITEM (BRIEF SUMMARY): To execute a Memorandum of Agreement ("MOA") between the City of Miami, Department of Fire -Rescue and the Participating Agency named above. COMMISSION APPROVAL DATE: 9/23/2021 FILE ID: 9542 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ENACTMENT NO.: R-21-0382 ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR 11/4/21 PRINT: Ty McGann, AFC SIGNATURE: e___ _I/ SUBMITTED TO RISK MANAGEMENT 11/04/21 PRINT: ANN — MARIE SHARPE SIGNATURE: SUBMITTED TO CITY ATTORNEY 11/18/21 PRINT: VICTORIA MEJ4DEZ %� —' SIGNATURE: TMF MID 21-2723 APPROVAL BY ASSISTANT CITY MANAGER PRINT: SIGNATURE: RECEIVED BY CITY MANAGER •I /JI2fr PRINT: ART NO A SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY'S OFFICE; 3) REMAINING ORIG!NAL(S)_TOORIGINATING DEPARTMENT;: __.._....____.___, PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER AGENDA ITEM SUMMARY FORM File ID: #9542 Date: 08/23/2021 Commission Meeting Date: 09/23/2021 Requesting Department Deoartment of Fire - Rescue Sponsored By: District Impacted: Alt Type; Resolution Subject: Authorization of City Manager - Memorandum of Agreement Purpose of Item: Resolution with attachment(s), authorizing the City Manager to execute, in substantially the attached form, a 'Memorandum of Agreement between the City of Miami, through, its Department of Fire -Fescue as the sponsoring agency of Florida Task Force 2, under the US Department of Homeland Security's National Urban Search & Rescue Response System,. acting through FEMA, the State of Florida, and each of the Current and Anticipated Participating Agencies listed in "Exhibit A". Background of Item: The United States Department of Homeland Security's National Urban Search & Rescue ("USAR") Response System has since 1989 annually funded the South Florida USAR Task Force, Florida Task Force 2 ("FL-TF2"), which is coordinated by the City of Miami C'City") Department of Fire -Rescue ("Department") as the sponsoring agency ("Sponsoring Agency") through the Federal Emergency Management Agency, State of Florida (collectively; "FEMA"), for the operation of its USAR program. FEMA and FL-TF2 operate under a longstanding memorandum of agreement, most, recently updated in September 2008 (the "Sponsoring Agency MOA"), pursuant to City Commission Resolution No. 08-0504 and adopted September 11, 2008. Pursuant to Resolutidn No. 01-484, adopted May 24, 2001, and Resolution No. 05- 0212, adopted April 14, 2005, the City Manager entered into several MOAs with participating agencies ("Participating Agency MOA(s)") setting forth those agencies' responsibilities in connection with the development and support of USAR FL-TF2, with all costs to be reimbursed by state and/or federal funding sources. Pursuant to Resolution No. 11-0297, adopted July 14, 2011, the City Manager entered into revised Participating Agency MOAs in accordance with the updated Sponsoring Agency MOA and FEMA's updated guidelines for USAR. The Department desires to revise the Participating Agency MOAs and update the list of participating agencies to take into account not only long-standing participating agencies but also anticipated new participating agencies as indicated in "Exhibit A", attached and incorporated (collectively, the "Participating Agencies"). The updated list of Participating Agencies and subsequent MOA's are necessary to continue the operation of the ongoing USAR FL-TF2 Program without interruption. Budget Impact Analysis Item has NO budget impact Item is NOT. Related to Revenue Item is NOTfunded by Bonds Total Fiscal Impact: N/A Department of Fire -Rescue • Department ofFire-Rescue Department of Fire -Rescue Office of Management and Budget Office of Management and Budget Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission Reviewed B v Ty McGann Johnny Duran Etoy Garcia Pedro Lacret ,Leon P, Mich�l Valentin.J Alvarez Arthur Noriega V :Thernas M. FOssier filarnahy L. Min Victoria Mendez Madcarmen Lopez Fire DepOrimeni Review Fire Budget Review Fire Chief Revtew Budget Analyst ReView- Budget RevIevi Legislative Division Review, City Manager Review ACA Review Deputy City Attorney Review Approved Ferni and Correctness Meeting Complet0 Corripteted Completed Completed Completed Completed Completed Completed Competed: Completed COMpleted • 08/23/2021 1:14 PM 08/23/2021 1:34 PM 08/24(202f 7;09 AM 08E27/2021 1:41.PM 08/27/2021 4:18 PM 08(30/2021 4;49 IN 09/01/2021. 1:15 pm .09/07/2021 14 :13 AM 09/07/2021 11:23 AM 09(08/2021 1126 AM 09(23/2021 9:00 AM City of Miami Legislation Resolution Enactment Number: R-21-0382 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number, 9542 Final Action Date:S/23/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE, IN SUBSTANTIALLY THE FORM AS EXHIBIT "B," MEMORANDA OF AGREEMENTS ("MOAS") BETWEENTHE CITY OF MIAMI ("CITY"), THROUGH THE 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 & RESCUE RESPONSE SYSTEM, ACTING THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE OF FLORIDA, AND EACH OF THE CURRENT AND ANTICIPATED PARTICIPATING AGENCIES IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY FUTURE AMENDMENTS, EXTENSIONS, AND/OR SUPPLEMENTS TO THE MOAS, SUBJECT TO CONSULTATION WITH THE DEPARTMENT, APPROVAL OF LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY, AND BUDGETARY APPROVAL AT THE TIME OF NEED. WHEREAS, the United States Department of Homeland Security 'S National Urban Search & Rescue ("USAR") Response System has since 1989 annually funded the South Florida USAR Task Force, Florida Task Force 2 ("FL-TF2"), which is coordinated by the City of Miami's ("City") Department of Fire -Rescue ("DepartMent") aS the sponsoring agency ("Sponsoring Agency) through the Federal Emergency Management Agency, State of Florida ("FEMA") for the operation of its USAR program; and. WHEREAS, FEMA and EL-TF2 operate under a longstanding Memorandum of agreement most recently updated pursuant to Resolution No. R-08-0504 adopted September 11, 2008 ("Sponsciring Agency MOA"); and WHEREAS, pursuant to Resolution NO. R-01-484 adopted May 24, 2001 and Resolution No. 9-05-02I2 adopted April 14, 2005, the City, Manager entered into several Memoranda of Agreements with participating agencies ("Participating Agency MOAs") setting forth those respective agency's responsibilities in connection with the development and support of USAR FL-TF2 with all costs to be reimbursed by state and/or federal funding sources; and WHEREAS, pursuant to Resolution No. R=11-0297 adopted July 14, 2011,.the City Manager entered into revised Participating Agency MOAs in accordance with the updated Sponsoring Agency MQA and FEMA's updated guidelines for USAR; and WHEREAS, the Department desires to revise the Participating Agency MOAs as detailed in substantially the attached form as Exhibit "13" and to update the list of participating agencies to include both long-standing participating agencies and anticipated neW participating agencies as indicated in Exhibit "A," attached and incorporated (collectively, "Participating Agencies"); and WHEREAS, separate future.legislation Will be presented to the City-Commission:to :authorize the Updated list of strategic individuals, such as doctors and forensic engineers in a newly revised form of professional services agreement with those individuals; and WHEREAS; the updated list of Participating Agencies and subsequent Memoranda of Agreements are necessary to continue the operation of the ongoing'USAR FL-TF2 .Program without interruption; NOW; THEREFORE, BE ET RESOLVED BY THE COMMISSION OF THECITYOF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to.#his. Resolution are adopted by reference and incorporated as if fully set forth in this Section. `Section 2. The City Manager is.hereby authorized1 to execute, ih substantially the attached form'as Exhibit " B," Memoranda of Agreements between the City, through the Department as the Sponsoring Agency of FL TF2 under the USARR Response System_, acting through FEMA, and Participating Agencies as, detailed in Exhibit "A," attached and incorporated. Section, 3. The City Manager is authorized to negotiate and to executeany future amendments, extensions,and/orsupplements to the Memoranda of Agreements, subject to consultation with the Department, approval of legal form and correctness by the City Attorney, and .budgetary approval at the time of need. Section 4. This Resolution shall become effective itnmediately upon its°adoption. APPROVED AS TO FORM AND CORRECTNESS. dez, i y (to ey-9/8/202/ The herein authorization is further" subiect to compliance With all legal, requirements that may he imposed, including but not limited to those prescribed by applicable City Charter and City' Code provisions. Exhibit B MEMORANDUM OF AGREEMENT BETWEEN CITY.OF MIAMI FIRE RESCUE AS THE SPONSORING AGENCY OF THE FLORID, A TASK FORCE2 OF THE NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM AND FPI c5R' r_,0c) co i AS PARTICIPATING AGENCY OF TH TASK FORCE This "Agreement' is .entered into on the day of \ittarAW 2o<9 , by and between. the parties designated in Section 1, below, who agree that subject to all of the provisions of this Agreement, ((2. A-L Cep Q__Syrk\Lr.c)S ) will serve as a Participating Agency for the Florida Task Force 2 of the National Urban Search and Rescue Response System. Each party further agrees that it assumes all of the duties and responsibilities assigned to that party under this Agreement and that so long as this Agreement remains in effect, the party will fully perform all of those duties and responsibilities. 1. PARTIES The parties to this Agreement are the following entities: Li City of Miami Fire Rescue ("Sponsetin9: Aeencv"): 1151 NW 7 Street 3r-d Floor, Miami, Florida 33136 (305) 416-5471 1.2 I ekkcic Ca' ‘\'Sris) ("Participatine Aeencv") Name:( c)(NriCi Address: ( Telephone number:( L5q sqt-t 2,. RECITALS Sponsoring Agency and Participating Agency have entered into than' Agreement in 'recognition of the following Recitals: 2.1 Sponsoring Agency is a cooperative party under a "Memorandum of Agreement dated 09-.11-2008 with the Federal Emergency Management Agency _("FEMA");and.the State of Florida, A copy of the Memorandum of Agreement (tile "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 Act"), the U.S. Department Of Homeland Security ("DHS"), acting through. FEMA, operates the National Urban Search &Rescue Response System ("System") in conjunction with State and local governments. 2.3 Task Forces. Each sponsoringagency is 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 singleunit 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 members of a Management. or othertechnicalteam. 2.4 Florida Task. Force 2. The City of Miami Fire Rescue is the sponsoring agency for Florida Task Force 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 focal government :entities, or non-profit or far -profit entities, to serve as participating agencies in the TaskForce and with individuals to serve as Affiliated Personnel of the TaskForce. The Sponsoring Agency is obligated to enter into written agreements withthose participating agencies and Affiliated Personnel settling forth the relationship between the.parties. 2.5 Participating Agency. Participating Agency desires to be a: participating agency in the Task Force, subject to all of the provisions of this Agreement. Page 2 Of 1.0 R05252021 2.6 Applicable Provisions. With respect to National Urban Search and 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," aswell 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 Rule Will .prevail. Upon the effective date of the Final Rule governing this subject ("Final Rule"), the Final Rule shall "supersede the Interim Final Rule in Appendix 'B" 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 this Agreement have the same meaning `as they do in the Interim Final Rule, unless or until superseded by the Final Rule. Capitalized words and phrases not defined in the Interim Final Rule or the Final Rule have the meaning given in this Agreement. '3. AGREED TERMS AND. CONDITIONS 3.1 Participating Agent . 3.1.1 Participating Agency .agrees to 'provide 'personnel to serve certain designated positions on the Tasty Force as determined by Sponsoring Agency. 3.1,2. Participating Agency further agrees that Participants will meet the required. qualifications for the positions to be filled, will receive the required training specified in this Agreement and will satisfy other conditions of preparedness and response as 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 Worker's Compensation. 3.2.1 Participating. Agency and its Participants shall be affordedsuch coverage for third party liabilityand worker's 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 " 13." 3.2.2. Except as afforded by the Federal Government, the responsibility for risks associated with claims for third .party liability and worker's compensation arising out of participation in the Task Force, either organizationally by the P u ticipating Page 3 of 16, R05252021 Agency or individually by its Participants, shall. be the responsibility of the Participating Agency and not under any circumstances, the responsibility of Sponsoring Agency. At all times, Participating Agency shall maintain in full force and effect; and provided proof thereof,,for the benefits of its Participants and its other employees engaged in System activities, coverage for workers compensation and third -party liability to the full extent required by' law. 3.3 Financial ProViSions. 3.3.1 Preparedness Funds 33.1.1 In its sole discretion,Sponsoring Agency may distribute to Participating. Agency such ;preparedness grant funding as .Sponsoring Agency shall be eligible to and does. receive from FEMA. Any such distributions shall be subject to the requirements of the preparedness grants and -the needs of the Task Force generally. 33.1:2 Any other funding received by Sponsoring Agency from sources other than the federal government may also be made :available as Sponsoring Agency determines in its discretion. Sponsoring Agency shall make snch diStributions fairly and equitable 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 33,2.1 Sponsoring Agency shall promptly reimburse Participating Agency •for response expenses that are authorized to be incurred by or for the benefit of Participants 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 be utilized for payment must have been reimbursed by or on behalf ofFEMA to Sponsoring Agency. 3.3:2.2 After an Activation, Participating Agency shall provide Sponsoring Agency with a complete cost reirribursement package to be submitted by Sponsoring Agency as part of an overall claim paakage which Sponsoring Agency is obliged to submit to FEMA. The Participating Agency'S final Page 4 of 16 'R05252021 cost reimbursement package shall besubmitted to the Sponsoring Agency no later than 30 clays after .the end of the Personnel Rehabilitation Period .established by FEMA,It is the Participating Agency's sole responsibility to Include all eligible ,coSts in .its final cost reimbursement package. The Sporisorhig Agency shall have no obligation to reimburse any costs not included in the final cost reimbursement package. Participating Agency's cost reimbursement package shall be prepared in conformance With applicable federal directives which Sponsoring Agency shall disseminate to Participating Agency. It is the Participating Agency's sole responsibility to ensure the timely and accurate submission. of its cost reimbnrsernent package. Cost teinibursement packages containing significant errors Or that de not comply with applicable federal directives will be rejected at the Sponsoring Agency's sole discretion. 33.2.3 Participating Agency shall provide Sponsoring Agency with empleyee compensation information for its Participants at least annually, or as changes occur in compensation rates payable to Participants. That infOrmation and other pertinent Participant data required by Sponsoring Agency can be accessed at FLTF2,US. 3.3.2.4 To ensure proper reimbursement from, FEMA, the compensation of Participants on the Task Force shall be in accordance with pay schedules and policies established by Append* "Bfrom the time of activation and until the Task Force retinns, is deactivated and Participants =returned to regular work schedules. 3.3.2.5 All financial cormnitments of Sponsoring Agency are subject tothe availability and receipt of fends by Sponsoring Agency from FEMA and other sources. 3.3.2.6 Neither Participating Agency nor any Participant .shall be reimbursed for cests incerred outside the scope of this Agreement. 3,3.2.1 Participating Agencyis responsible for and will Verify the accuracy of all cost information included in its co4 reirnbursement package, in the event FEMA audits. Participating Agency's cost reiraburStment package Page 5 of 16 lit05252021 3.4 and detennines that certain costs. are ineligible for reinibtirsethent, the Participating Agency will prOmptly return to the Sponsoring Agency any amounts received in connection with Stich:ineligible costs within 30 days -of written notice.from the Sponsoring Agency, Reporting and Record Keepinu. Requirements. 3.4.1 The Participating Agency Shall provide the. Sponsoring Agency with requested team Member records within ten business. days.. 3.4.2 The Sponsoring Agency may issue a Task Force Picture Identification Card to team ineinbers, 3.4.3 Participating Agency 'shall ensure that any medical or Other records and. information that .are afforded confidentiality under applicable law are protected from unauthorized disclosure. 3.4.4 Participating Agency shall provide prompt and accurate reporting as specified in this Agreement. 3.5 Mandatory Minimum Requirements: for Participation. Bach Participantmust satisfy all of the following for participation on thelask Force. 3.5.1 Each Participant shall be an employee in geed standing ofthe Participating Agency. Entry-level employees who are probationary or in a similar status are not eligible. 3.5.2 Each Participant shall be of good character and shall not have been convicted of any felony Or any other criminal offense involVing Moral turpitude. 3.5,3 Partieipants serving hi 4 Task Force position that requires theindivdua1to held a license, registration, certificate or other similar authorization to lawfully engage in an activity must hold the appropriate authorization, whiehmustbe current and validly issued. A copy of each document is required on file with the Sponsoring Agency. 3.5.4 Subject to any applicable FEMA standards, each Participant must meet the medital/fitness standards mutually agreed upon by Sponsoring .Agency and. Participating Agency and not haveany medical condition or disability that will prevent performance of the duties ofthe Task Force position he/she oceupies. Page 6 of16 flt)5i52021 3.5.5 Bach Participant must be available on short notice and be able to respond, on a mission for pp to 14 days. 3.5.6 Ea.ch Participant must be capable of improviaing and funetioning for long hours under adverse working conditions: 3.5.7 Each Participant must receive such inoculations as are specified by the Sponsoring Agency. 3.5.8 Each Participant must be aware •of the signs, symptoms and corrective Measures ofCritical Incident Stress Syndrome. 3.5.9 Each Participant must understand and adhere to safe workir' tg practices and procedures as required in the urban disaster environment. 3.5.10 Each Participant -must have a Working knowledge of the US&R System and the Task Forces organisational structure, operating procedures, safety praCtices, terminology and conimunication protocols. 3.5.11 Each Participant must have completed such courses of education .and ,training and otherrequiremems as the Sponsoring Agency shall.specify. 3.5.12 Sponsoring Agency has the authority the immediately suspend or ternnnate a Participant's participation on. the Task Force for failure to satisfy any requirement. 3.6 Clothim and Equipment. 3.6.1 .Sponsoring Agency Will issue to each Participant certain items Of personal protectiveclothing and:equipment for use in Task Force activities and operations. In the event of Activation, Participant shall provide certain additional items of personal clothing and equipment. Item of clothing,a0 equipment supplied. by Sponsoring Agency shall remain the property of Sponsoring Agency and shall be returned promptly whenever person ceases to be a Participant. It shall be the responsibility of the Participant Agency to ensure the return of all equipment issued. It shall be in serviceable condition or the Participating Agency will reimbUrse the Task Forcefor the cost o' the equipment. 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. Page 7 of 16 R05252021 3.7 Command. Control and Coordination. 3.7.1 When a Participant has been Activated or has otherwise been placed at the, direction, control and funding of FEMA, such as, fax example, during participation in FEMA sponsored training, the ultimate authority for command, control and coordination of the service of the Participant 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 respect to supervisory, ,disciplinary and other specified aspects of the Participant's employment within the context of his/her participation on the Task Force. 3.7.2 Sponsoring Agency shall exercise direct supervisory authority over Participants during Activations, deployments and other actiVities of the Task Force conducted by Sponsoring Agency, but for disciplinary mirposes, that authority is limited to temporary suspension or permanent exclusion from participation. In all other instances where disciplinary action may be necessary, Sponsoring Agency shall report the pertinent circumstances to Participating Agency, which shall cooperate With Sponsoring and shall administer discipline as appropriate in accordance with the. Participating Agency's established ndes and regulations. 3.7.3 Nothing in this Agreement is intended to, nor does it, affect the employer - employee relationship between Participating Agency and its employees who are Participants, and. Participating Agency 'shall at, all times continue to be fully responsible for all of its employment obligations to its employee Participants, including the compensation and benefits that the Participating Agency has agreed to provide. 3.7.4 While participating iri System activities conducted by the Task Force, Participants shall be,sUbject to and 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 any Participant from participation on the Task Force for cause including failure to abide by the provisions of this Agreement. 134ge 8 Of 16 g05252021 3.8 Media and Information Policy:. 3.$.1 Subject to applicablelaw, including FEMA regulationsand directives, all photographs and video taken during a deployment 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 rules and regulations, Sponsoring Agency will have the primary responsibility for coordination of media coverage and liaison with media sources and representative concerning activitiesof the Task Force. Sponsoring Agency shall endeavor to expose all Participating Agencies to favorable media coverage opportunities. 3.9 Rules of Conduct. 3.9.1 All Participants will be expected to abide by the rules of conduct established by FEMA and the Sponsoring Agency. 3.9.2 The failure cif a Participant to abide by therules of conduct constitutes may result in suspension or exclusion from the Task Force under Section 3.7 above. 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, Participating Agency and its Participantsshall cooperate. with Sponsoring A.geney.and shall participate in the activities as -necessary to achieve Task Force preparedness goals and objectives. 3,10.2 Participating Agency .cooperation may be . required. for specific training. activities to be conducted, respectively, by Sponsoring Agency and by Participating Agency, including training, admi istration.and reporting requirements. 3.10.3 As established. by System directives but subject to the availability of federal funding, Sponsoring Agency shall procure and maintain required caches of equipment and supplies. The contents of these caches shall be utilized" for deployments of the Task Force and, subject to federal rules and regulations, will be make available for training activities of Sponsoring Agency and Participating Page 9 of 16 R05252021 Agency. Participants shall use Task Force cache equipment and :supplies only for anthorited purposes 'and shall exercise reasonable care to protect and preserve the property against loss or dainage. The. Participating Agency shall be financially accountable for any Task Force property that is lest or damaged due to negligence or unauthorized useby the Participating Agency. 3.11 Notification PrOdedures and Other Communications. 3.11.1 Alerts and Activation. 3.11.1.1 Sponsoring Agency's ,eommander/chief executive officer or his/her designeeshall detenuine whether the Task Force is capable of and will respond to Activation Orders. 3.11.1.2 Participating Agency 'shall maintain at all times a "Point of Notification" for receipt of notices from Sponsoring Agency concerning possible deploythentS Of the 'Task Force. ThePoint of Notification shall include 24-hour telephonic and electronic capabilities. Information concerning the Participating Agency Point of Notification shall be set 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 Participating Agency's Point of Notification.. The Notice shall, designate the Task Force positions for which Participating Agency's Participants are being requisitioned, the location of the assembly point, and to the extent 'known, the nature and character :of the Aetivation. 3:11.1.4 Participating AgencyAgeneyshall at all 'dines 'Maintain the capability of providing requisitioned Participants for participation on a deployment of the Task Force. 3.11;1.5 Upon receipt of an Activation Order for the Task Force, Participating Agency shall cause the required Participants to respond to the assembly point designated in the notice. Page 10 of 16 R05252021 3.11.2 Mobilization.. 3.11.2.1 All requisitioned Participants will respond to the designated asseinbly point within two hours. of notification with all required personal clothing and equipment and required documentation. 3.11,2.2 Participating Agency will select its Participants through a pre- established selection system that ensures the requisition is promptly filled with fully qualified Participants. 3..112.3 Selected Participant will be subject to a pre -deployment .Medical screening. Any Participant who fails the screening will not be deployed. 3.11.2.4 Sponsoring Agency retains the sole right .to determine which Participating "Agency personnel, if any, will respond with the. Task Force. when Activated. 3..11.3 Other Communications: Sponsoring Agency will remain in contact. with Participating Agency through the web -based communication system if conditions allow. 3.12 Critical Incident Stress Syndrome ("CISS") and .Management. 3.12.1 Sponsoring Agency will have primary responsibility to provide: CISS training, intervention and support, before, during and after Activation. 3.12,2 Costs. incurred for unauthorized CBS activities are not eligible for reimbursement. 4. GENERAL PROVISIONS 4.1. Tenn. This Agreement shall be effective on the date first written above and shall continue in effect for ten years thereafter unless terminated earlier in accordance with Section 4.4.. 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, in 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, ifany: Page .11 of 16 R05252021 4.3.1 Apoendix "A" — The currently effective Memorandum of Agreement between FEMA, the State of Florida, and Sponsoring Agency, by Which City of Miami Fire 'Rescue is appointed as and has agreed to serve as Sponsoring Agency for the Task Force. 4.3.2 Appendix "13" — The federal regulations published on Fan -nary 24, 200 in the Federal Register asthe Interim Final Rule at Vol. :70, No. 36, pages 9182-9203, 4.3.3 Appendix "C" — Participating Agency's 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 and executed by both parties, and all such amendments will be attached to this Agreement. 4.4.2 Termination. The Agreement may be terminated by either party upon 30 days written nOtice, except that Participating Agcncy may not terminate this Agreement without the written consent Of Sponsoring.Agency during any time interval when the Task Force has been placed on Alert status or has been Activated if the Alert or Activation affects PartiCipants of the Participating Agency. 4.5 Miscellaneous Provisions. 4.5.1 The obligations of the Participating Agency set forth in this Agreerncnt are non -delegable and may not be assigned to or assumed by arty 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 to the laws of the State of Florida. 4.5.3 No party shall engage in an conduct or activity in the perfimmance of this Agreement or participation in the System that constitutes it conflict of interest under applicable federal, state or local law, rules and regulations. 4.5.4 Each party shall at all times observe and comply with all applicable federal, state and local laws, rules and regulations. 4.5.5. ,Except as Provided otherwise with reaped to emergency notifications, if it is necessary for the purpose 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 Page 12 of 16 R05252021 delivery or mailing 'billy prepaid and shall be deliVered by personal service or a form of public or private mail service requiring proof of delivery. Notice is effective upon personal delivery, or by mail service, on the date of either actual receipt Or fivedays Aker posting, whichever is first. Unless changed lin 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 apart of the partiesAgreement: 4.5.7 Should any provision of this Agreement be determined to be invalid or unenforceable under applicable law, the provision shall, to the extent required, be severed from the remainder of the Agreement which shall continue in full force and 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, however, this Agreement does not and will not bestow any rights or remedies upon persons to whom an unlawful delegation or assignment has been made by Participating Agency. 4.5.9 This Agreement is made for the sole and exclusive benefit of the named parties 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 Neither the United States of Arneriea. nor the State of Merida is a patty to this Agreement. 4.5.11 Each person exectiting this Agreement represents that: he/she was and is lawfully authoriged to sign the Agreement on behalf of the party he/she represents; execution of the Agreement was duly and regularly authorized by the party's governing body; and, to the person's best knowledge and belief the Agreementis a binding and enforceable obligation of the party on whose behalf he/she acted. 4.5.12 Each party represents to the other: that the part Y has fully read and understood all of the provisions of this Agreement including the Appendices and Other attachments, if any; that the party has secured and considered such. legal Pagt 13 of 16 'R05252071. advice and other expert counsel as the party deemed necessary and advisable for •these putposes; 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 Agreernent. 4.5.13 This Agreement, including the Appendices and attaehments, if any, constitutes .the entire agreement between the parties and it supersedes any prior agreements on this matter. 4.5.14 This Agreement supersedes and replaces in its entirety any existing agreement by and 'between the parties relating to Florida Task Force 2 of the National Urban Search and Rescue Response Systein as of the date of this Agreement. 4.5.15 Counterparts and Electronic Sinnatures. This Agreement may be executed in any mirnber 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 .ign and transmit an electronic signature of this Agreement (whether by faeshnile, PDF, or ether 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 ether parties an original signed Agreement upon request SIGNATURE PAGE FOLLOWS Page14 of 16 'R0525202,1 A I-I"EST: APPROVED AS TO LEGAL FORM CORRECTNESS: Sponsoring Agency CITY OF MIAMI, a Florida municipal corporation APPROVED AS TO INSURANCE AND REQUIREMENTS: By: Ca4..nr,6 L. 7?2it- e/6/6, By: Victoria dez, City Attorney Ann -Marie Sharpe, Director lea Department of Risk Management TMF MID 21-2723 Page 15 of 16 R05252021. ATTEST: Participating Agency By: IF I i Name: Title: IP. Name: APPROVED AS TO FORM AND CORRECTNESS: Page 16 of 16 R05252021 APPENDIX A City of Miami Masier Report _lit3Satutlon Tt•DIW1 iU!t City Flnll .95I10 Pun Arturiann Orion Miami, FL XI133 1Ytrirolanrigoy,eorn Filo 1O t'/: 0II-(1O LlO Version: t 11-ia4ttnenl. Data: 9/I ling Controlling CltyCounnisvlon Status: Muyar'sOttloafor Early: . StgaNrita 1111a:.A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH A'CFACFRYII3N•t'(S}, AU1Ti01t1ZMo THE CITY MANAacR TQ NEGOTIATE AND TO BYRCUTEI; SUR►ECT TO APPROVAL OR IAIGAL FARM AND COiUU3CTNESS OY TNS CITYATTORNI ;Y, A MEMORANDUM, OF AGREEMENT (°MOA' BETWEEN THE UNITED &'rATesDaPARTMIONTOFffOMELANDSLCUttrrY,ACTING TRROUGH.T€fI+ FEDERAL EMER0t3NCY MANA©EMRWT AGENCY, THE STATE OFPLO1UDA, AND THE CITY OF MlAMiI DSPAttTMRN1't3tr.FIR&RESCU1i, THE SPONSORt'h1Q AGENCY OF FLORIDA. TASK FORCE a1AUTHORIZING THE try MA1kIAQETtTONEGOTIATE ANOTOENECtiTEANY FUTURE AMENDMENTS TO THE MCA,- SUBJECT TO THE APPROVAL OF LEGAL flow AND CORRECTNESS BY THE CrFY ATTOONEY, AND BUDGETARY APPROVAL AT Tin TIME OR NEED, Rafbranao: • 'Introduced: 8/18/08 Name: Now MOA-"USARa Requestaf: Depaftincntbr ITta-Ruscua Notes: Cant: Final Aaffon: 9/l YOB Saattona: indoXsn: Attachments;. DP-8UY38D Lastsluiloo.trdr,UB-t119BU Exhiblc.pd(; U8-00930 Sias niucy FormpdF, 084/0980 Loiturptir Action History Von ..Acting Body Dail) Actton scut To Due Date Rehm:ad Reauit I OlTina or the City 9/7/118 Raviawati ,nd Attarnuy Apprpyricl CityCornmtssion 9/il/O8 ADOP'f3D A notion was iriutlii byAi, n) ao;, lez, suutirlddd by Muni Durk! SnmQFF, Ihnt lhta metier hu ADOPTED: T1ru.maiiou curried' by Uta tiillawhtjl yowl Ayu: 5 - Appol Qunu}laz, Mare onvfd SrmruK luu Suuulesz, Taunts babbitt? turd Nl(nlrot(a$peuau-lalrca rriyarMrecd i�e t P Natal+WINZaan APPENDIX A City .of Miami Legis!at on Rend utiort City Hell 8600 Pare American Drive Miami, FL twatanlartgov.corn File Number: Litt-0091p Pinat Action Date: A.I3 S,OLUTtON 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 MEMORANDUM OF AGREEMENT (VOA') BETWEEN THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, ACTING THROUGH Tfig FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE OF FLORIDA, AND THE CITY OF MIAMI DEPARTMENT OF FIRS -RESCUE; THE SPONSORING AGENCY OF FLORIDA TASK FORCE 2; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE ANY FUTURE AMENDMENTS TO THE MOA, SUBJECT TO THE APPROVAL OF LEGAL FORM AND CORRECTNESS BY THE CITYATTORNEY, AND BUDGE AftY APPROVAL AT THEME OF NEED. WHEREAS, the South Florida Urban Search and Rescue ("USARI Task Force, Fiorlda Task Peres 2 f'FL TF.21) Is funded anntialfy by the Federal Emergshcy Managerment Agency ("FEMA") for the operation of Its program; and WHEREAS, since 1889, the City of Warn, ("City" j Deparirne.nt of Fire -Rescue has;successfully `sponsored the.existing South Florida USAR Task Force, FL TF With saki tUndfng; and WHEREAS; pursuentfo Resolution No. O1-4ti4, adopted May 24,: 2OQi,, etld ftesofutto€i No..O8- :O212i adopted April 14, 2006, the.City Manager entered into a Membrandum:.af Agreement("MQAa) with participating agencies setting forth the agencies' responsibilities In cenrlectian with the deveIoprnent and support of a Wool USAR Task Eorce.coerdineted.by the City's Department of Fire -Rescue with ail costs to be reimbursed by state and federaifunding sources; and WHEREAS, FEMA and the FL TF2 have been operating under the. same MOA elnee 1998, and .several operational, regal and regulatory changes have been made since then, end FEMA Is requiring all Its sponsoitng agencies,. participating agencies and certain strategic Individuals to update their agrearnents Willi anew standard MOA that was developed, subject to some state statutory differences for participating agencies In the vartarus slates; end WHEREAS, separate ftitura IegIsletlort will be presented to the City Cotnrmission to authorize tho updated' list of perUctpattng egonotes and Strategic ►nctIviduats each as doctors and foronslo engineers Ina nor fy formatted Marnorandurn of Understanding With those agencies and Individuals; and WHEREAS, the attached-MQA Is necessary. to continuo voitliotit interrupting. the operatkui oPth o 'South Florida USAR Teak Forte Program; . NOW, THEREFORE, SE IT RESOLVEDI]Y THE CITY COMMISSION OF.Tt Cr(YOF M1AMi,. ,FLORIDA: APPENDIX A Fria Nvinhon dmortao Sect)On 1, Therecitals end -findings contained in the Preen -till°. to this .Resoltnien are adopted by teferenoe and. Incorporated as if tmly eet-forth In this Beation. Plotkin 2. The My Manager Is authonzed(1) to negotiate and to eXeoUte a MON subject to approve) of legal font) and correctness by the City Attorney, between the United States Department of Homeland aeaudts?, soling through FEMA, the State of Fiends, and City's Department of Fire-Re.scuei thaSpotisering Agency Of Fi. TF 2. SecliOrj3. The MY -Manager iseuthorizedfil to negetlete end tc execute ISO future amendments to the MOA, subject to the approval of legal form and Correctness. by the City Attorney, and budgetary approval et the the of mast. aeottoriA,This Resolution Shell become affeCtlye Immediately upon its adoption and Signature of the Mayor.[2j - AFFROVED AS. TO FORM AND CORRECTNESS: jULIE O. BRU CITY ATTORNEY 'rap thetas I (1/.17101_90At gittorkation talkirtLirmblectig, Compliance witheillesiutrenients that May be liripad by thegIty. Attorney; Including but netntHrnRed te-thosa. preactlbed by applicable City Charter and Cede provisions. (2) trine Mayor dads not sign this Resolution, It shall become effective at the end of ten calendar days from the date. it was passed and adopted. If the fv*ot vetoesthis Resolittian, If shell become effective immediately upon override of the -veto. by the My CPmmleeloo, - APPENDIX A IVIENORANDUIVI OF AGREEMENT FOT.LPARTICIPATION tN 'ENATrONMI UREAN'SEARCIL & RESCUE RESPONSE /STEM Manionindum of Agreement between the 11,S, Department of Wometztnd Security,notingihrough the Fulcra! Fimergency ManagementAgenoy, the S tste;of Florida, arid the City of1vllath. Fire Regan; the Sponsoring Agency of Floiida TaskParce 2, regarding participation in, the-Nstional Llama Search & Rescue Review Systern. 'PARTMS The parties to this AgrednOn( ore the Depart offionieland 8ecuritApdting OEuough the 'Federal Emergency MarargamentAgenay, the State ef Floricia,.and tfte City of Miami Fire Rescue, tha SponsoriniAgency of Florida Task Force 2, A.UTEIOPITY This Agreement is authatized under the homeland Seciirity Act a amended (6 U.S.C, §§; 101 et 04.); the Robert T. Stafford Disaster Relief and Emergency. . Assistance Act, as. amended (42 TI:S;c: .§§ 51214206); and the National UrhanSearcht& :Rescue Response System Interim Final,Rule, 70 Fed,. Reg.9Ifl2 (Feb. 24, '2005)&1:edified at 44 CFR.Part208., (Upon the. affective &acne a FinatRuIe, the Finial Rule will supersede the cited Xnterbii Phial Rule and its provisions shall prevailaver any, contrary provisions of tbeIntarim Final RAO AL PURPOSE This Agreement:sets forth responsibilities Withrespect participation.in the National. Urban Search &Restate Response System, rii. DEFINITIONS. A, :DHS Means the Department of hernalsodSecurity, F8/1/./i means the Federat'Emergenay ivlanagornentAgency, an operational component ef DRS: FEMA-Schatioilsd pr Exercise matins atraining-sepaipo or exaraise sponsored by an organization otheithan FEIVIA, which hes received FE1VIA approya.l., Re,iprio/ion.s, MOORS die NationallAban Searoh.& Rescue Response System regulations published at 44 CFR Part 08`--j.5,41 i APPENDIX A e ttrednesy CaapAralvedgrer rtentmeans a Preparedness.Cooperativa Agieeanentats defined in Section 208,2ofthe Regulationv. Sa ar _tc moans tho Robert T, Stafford Disaster Reiicftilt] Einetgesit y Asalstance:Act,.asainended..(42.U.lS.C,.$j S't21-52Q60.. ,S'r'sletri hwsources means..Systeni lvlembeta, canines, -tools and equipment -maintained-by a Sponsoring i gency,.Z rticiliating Agency, or Affiliated Personnel for nse as part.of the Systecrr, Task.ForeePrbgrani l artcrrrEr cacaos the person designated by the Spongoring Agency to be responsible for the day -to -fiery administration.and Management of .the Task Force, I!. The following terms, ss used hi this Mernorasidatn of Agreement, have the meaning set inrth fri the Stafford Act at42 U,S.C. .5122: Math D(Sa. ter E. m rgehog C. .The following tams, ns used hi this Agreoment,:hays the meaning set forth in Section 208.2 or 208.32 of the Regulationer Activated 4ciivatiarr Advising or4dvlsorii Affiliated Personnel idlerl. Dentobllizetion Qr'der` ParKaipat(it Aecncv Pr»parednaer doepercatti Agreement Sponsorinzi(,eenev, Spslen or National Clrbran.Seirelt R'essueRespa!Ise SATtem. System Aleirrber TaskForce U &R or 00cm See ek and R care• APPENDIX V. RES PONSIMITIES .A, DRS, lime& Pam& ig responsible for developing and adthinistering the System, and its responlibilitioa include: I. Prornulgatingthe Itegalations, standards,- polloi0„dthes; directives; and:overall concept of operalions.forthe-Systern; 2.AdfitIntaining ovenll direction, and control of System .P.*311.1t63 engaged in Systcre activities, as eentemplatedin the Reguiatione, attmdards, procedures, directives,. and overall concept of operations for. the SyStern; 3. Maititsining.an advisory andcensultative structure the -communicating and consulting- witli.Systern participants with respect to the responsibilities Set forth hi this section, as appropriate; 4. Preparing,pnividing and maintaining a Preparecinesa -Cooperative. Agreetnent and a Response CooperativeAgreernent with the Sponsoring Agency, in adeordance with the Regulation; standards, policies, procedures, directives, And overall concept of operationfor the Systenn-- _S:, ProViding-preparedneas fundingto. the Sponsoring -Agency, in accordance with -the Regniationsi.standards, policies, _procedures, directives, and - overall concept of operations for the System; 6.. 'Developing scheduling, and delivering FEM4-Sportsored Training and ExerciSes; 7. Granting PEMA.sanetion to training-ancl tsketofses in attendance With the. Regulatiets,- standards, policies, ,procedures, directives, and overall concept of operations for the System; .8, Maintaining overall directionand.centritil of System 0.6.3am:des:engaged in FEMA-Sanctioned-Trairting and Exercises and-EEMA-Sponsored Training and Exercises; -Evatuating.Systernanct pettbrinanee n accordance RegUlationa,. standardsipolicies and procedures and directives of the Systeart; 10. Advising, Alerting, Mtivtiting and Dernthijizing System itpsocireas; I I, Obtaining tlinconSent ofthe State, if applieabl; and the Sponsoring Agency to Alert orAytiVote policies 4117(1 procedures cif the System; 12), Appointing_Oystem Membersieto Federal Service at appropriate times; 13, APPENDIX A ;Taking step.aa.neoe4asey n minuro (4)voilgo-for System 14,,/ientbers under the Federal 13inployees Compensation Acti'lhertecleral Tort Odra Act,. and the Patio $ately °facers Bonefit Act dta.lrignivIA-Sponsored Training and Eiacises„.14131V1A4atictioned Training anti Eereisca, .Alert, and Activationz.Lc the.extent allowed by law; 14,: Processiog clams for Pedigiil employed benefits, aa act forth in the Regulations and this Agreement; 15, iviairitalning overall' direction and control of System liosources engaged in System activities during Alertor Activation; 16. .Providing ground* rail, or marine transportation for System.Resources during Alert. or Activntion, tisrecaiired; 17. PrOviding re.supply and logistical support for System Resourcesdueing Activation 18, Establithing, del/eloping, administering, Advising., Alerting, Activating, Demobilizing, and maintaining overall direction and etintrol pf System Management teams, as appropriate; 19. Notifying the Sponsoring Agency when FEMA. has Alerted, Activiited, or • Deactivated a:Taal:Force member for participation On a System management teem Or in a 'technical function; 20. Scheduling and Conducting periodic Meetings of System advisory committeekand Diller consultative bodice; 21. TittkessiOg dlafols Mt reimbursement in accordance with the Reguhitiolit; and 22. Ensuring proper coordination and cooperation within FEMA,between FBMA and other DHS components and entities, and betWeen FEMA and other Federal, stake, local, end private -sector entities for the purpose of System notivities.: .E. The Stet; if awl it able, is responsible fpr:. Mainteihing:24-hour pee day capability to receiVe o.rqqoest fer.Alett (,) r Acitivittion ofSystem.Resources and to accept or decline the request within tgle hoer; and 2, Using Task FOL.= resident within the State as State assets bcifore requesting Additional Teak Forces from f13mA-1.4. itutiolpation of, or In respease .to,a. disaster or eniergency within the Stati3for which the State or APPENDIX A_ its lacnt,guverinnent t hav° primary a spoosit ility, unless the resources have been otherwise committed. The SponsoritigAgency is rei pcinsible for,oigtttizing anti adtnirtistering the Task - Forte, and this responsibility includes the following; 1. 'Recruiting and training the Talc Forte; According- to the Regulations, :standards; policies, priocedures, directives, And overfill concept af operations for the %/ste ti •pronntlgnted by'FElviA; 2. Designatingn Tusk: Forct Programmm Manager, as well at other such persons OS required by:the Regulations, standards, policies, procedures, directives, - anti overall concept ofoperations for the Systern; 3, :Executing n Preparedness. Cooperative Agreetnertt and. a Response Cooperative Agreement with -FEMA, in aCcordance with the Regulntiop; standardd4 policies,.procedures, directives, and overall concept of operations for the System; �l. Providing adininiatrative,:t7nanc41; rind personnel management fertlie_ Task Force, to Inc1i de providing FEMA with all documentation required to appoinfSystern Members into Federal service;,, 5. Maintaining such agreements with Participating Agencies end: Affltinted. Personnel as are required'under the Regulations, standards, policies; directives, procedures, and overall concept of operations ft}r.the System. Agreements with Participating'Agencies and Affiliated Personnel for System activities must be consistent with t e Regulations,'standards, policies, procedures, directives,.and overall concept ofoperetions for the. System, and this Memos nduizr of Agreement, All agreements with Participating Agencies niustinclude an e;npress authorization far the Sponsoring Agency.to comcnitnn emr pioyee of the Participating Agency to Federal service. Alt agreements with Affiliated Personnel must include an express authorization for the $ponsoringAgency to commit the individual to-?eclerid service; G. Registering and quaiifying•all Task Force medical personnel, as required under the Regulations,. standards, policies, procedures, directives, and overall 'concept of operations for the System; 7. Requesting FEMA sanction, for training and exercises, `!u accordance with the Regulations, standards, policles,.proceduras, directives, Lind overall concept of operations for the System; Natifytng FEMA when piers is a change In the operational status of the Tastc Force; S APPENDIX A 9, Alaiutaining 24-hourper'daycapability to rccOivo a request torAlert or Activation of System RCSCfUt:e$ and to accept or-decline:the request within one hear; 10. AcgUiring, Maintaining, and accounting for equiprncutt,.iu accordance with the Regulations, standiirrts, pctlicics,,procedurea, directives, and overall concept of apendia:is for the System; Complying with .timnoaial,.adntinistrative,'acgcusltibn, telinbtusement, and reporting requirements act forth In the Regulations, standards, policies, precediuUS, directives, and overall concept ot'operatiops for the System, 12, To lite'cxtentthat the Sponsoring Agency chooses toprovide System. Members for System management teems and` teohnical functions, or for any FEE" advisory and consultative entitiaa,'comptying with financial, adminishntive, acquisition, rchnbursement, and reporting requirements net forth in the Regulations, atundardds, potieies, procedures,.directives, and overall, concept of operations for. the System With respect -to these System Members;, 13, .YCceping all records relating to the Task Force ha accordance with the Regulations, standards, pollcies,,procedures, directives, and overall concept of operations for.the System; 14: Submitting to FEMA a copy of any agreements it maintains with any Participating Agency and Affiliated Personnel; and 15. Processing state and local employee benefit claims for which a System Member may be eligible, 'I. POINTS OP CONTACT A. DHS/FEMA. ,Acting Chief, Urban Search its Rescue Branch Federal Emergency Management Agency T S. Department of Homeland, Security 500lCStreet, SW Washington; DC 20472 (202) 64 3456 B Sponsoring Agency Chie4 City ofMlartni Pita Rescue 1151 NW 7th Street - 3 rd Floor Miami, FL 33136 305-416-5401 APFEND1XA Vtg. i OVIWYONS A. 'Financial Arrangements .F.E114A; shall provide the SponaoringiAgeney virifb funding far . preparedness activities pursuant to a Preparedness Canporative Agreement, in accordance With thnReguletiona. Z. FEtvIA. shall reimburse the Sponsoring Agency fur costs inoun'ed f a System response act' tides pUnmant to e .Z.esponacCOoperadve .Agreetnent, in accordance- with tho Regulationa,. 3,. Alt financial commitments are subject to the OW labili ty of funds. Nothing in this Agreement obligates funds of the respectiVapartie& 13, Title to Equipment 1„ -Title to- etpiipment purchased and maintained by the Sponsoring Agency " with fiindsproviried.tinder a cooperative agreement prior to Pebrualy24, -2005 vests:in the Sponsoring Agency in accordance with, 44 CFR 13.32(a), Title to equipment purchased 4nd maintained by the Sponsoring Agency 'with. funds Provided under a.Preparedoess Cooperative Agreement vests its • the SpensoringAgency hi, accordance -With 44:CFR §.1.3.32(E), 3, Title to, equipment pnrchascd by DHS, end distributed to and Maintained hythe Sponsoring Agency, remaina vested in DHS in accordance with 44 CFR .§ .13,3ZM, .utiteas transferred to the SpOnsoring Agency under applicable -Federal regulations,. •Uae t)f Sponsoring Offer, conse.nt and aeceptance �fScrOoess facilities and employees The Sponsoring Agency -and the State offer and consent to_FEKA's use of their service.% fact litiesiand employees as speeifleally desetiberlia this- Memoranduni of Agreetnent.With respect. tothe System, arid FEMA accepts the offrx of such services, theilitieS, and employees in ,cartying out the purposes of the Sections 306(a) end 62I (c)(l) of *Stafford Act, 42 §§ 5149(u) and 5197(e)(1). C. 0•S'—.0% 7 D. 00. APPENDIX A 2, Appointmentintofeclemt Service FFMA•Will appoint SyslOmMembers. into Federal servicepUraustit td spedon 2Dg.1 I of Rogutntiou as 'follows:. (3) When histraciin tr' orperticipating PEIVIA-Senetioned Training and Exercises; (2). When biatittating erparticipating in HIM -Sponsored 'Training and Exerdises; (3) When undenteldng specific duties.reqUired by HMA during an Alert to preparefor Activation; and (4) WhenAntivated, i7, At ell snob dines When. aysteni IVIernbers roe appointed tato Pederalterviee, those System /Victribets will be Under FEIM's overall direction and control. 'e. A System Member's appointment -into perletal service is concurrent wi the -System. Member's employment With the SponsoringAgency ornther entity,. .0 Coverage under Federal' statutes; FEMA's intent 1., Pursuant to Section 208.11 of the RegUlations, it la FEMA's iutent that en the basig,efsubSe,oliong Ci and 2„ above, SystemMembers appointed - into Federal rvice are Federal employees dfiring the activities described' In subsection C2,a„, above, for the purposes of the following.acts:. a, Tbelederal Employees Compensatitm Act. b. The Federal Tort Claims Act: 2, It is FEMA's intent -that System Members appointed late Federal service ate Publie Safety Officers during the activities dcscrlbed hi -subsection C.2,a„ 'above, tts defined lo the Public Safety Officers-Beuefit Apt, 42 U,S.C,.§ 37061.s 3, No indivichial may partidipste in the Task Force who is not an employee Of theSponsoring Ageneyi an, employee or a Participating Agency, or an Affiliated Forsonnet; 4. Nothing contained within this Agreement is intended niclirelnIsh aSystetn Meinher's non -Federal etriployluent tights, P314611043, oreutilletnenta (0 non.Feclerst pension or welkoligneE0. APPENDIX -A ., lEMA, the State, and thcs Sponsoring Aganty will not diacriatinuic.ngilnat any System Member of applicant for a poe tion as a Syateait Member on the grounds of race, calor; religion, sex,oge, national origin, or 'commode status i fuIfillittg oily and all obligations under tltlii iblomorittdurrt of Agreement, li. Use of Federal fhollitios, auppllca nnd'sorvires Will hob romiilianee with regulations prohibiting:duplictrtion .of benefits and guaranty eing. norullscriniiorttian. Distribution of supplies, processing: of' 'applications, prevision of techtticat essiStance and Attractant! assistatice aativities shall ha accomplished in art equitable and impartial manner, without clisarimination en the' grounds of race, color; religion;. sent, age, national aright, or economic.SttiLus. 1/11:1EFIPECTIy14.D.AiE The terms of. this Agreement will become effective matte date that the inatpartysigns- this Agreement. IX,. IYIQDi iCATION; ,AMENDMENT, T, AND TERMINATION A. Any prevision of this Agreement Eater found to,be in conflict with Federal law or regulation, or invalidated by a court of competent jurisdiction, shalt bo considered inoperable and/or superseded by 'Slat law or regulation, Anyprovision found iooperabteis several le.from this Agreement, and the.remaindei of *Agreement :shall remain in full force. B. This -Agreement may bo mod -fled or aruended orgy -With the written'agreementof all of the patties. C. This Agreement remains in eff'act:unless terrninaled, This Agreement maybe terminated by any party upon 30 days written notice, Ur This' Agreement is the'fuil-and complete agreement between the.undersigned: parties, and aupt;rsedes nnyprlor agreement between the parties, written or°oral, with the exception of:Ent:existing Preparedness Cooperative AgrceinenE or Response t oot3erative Agreement. Ei1 This 'may be executed in several counterparts, ettch.of which is it valid agreement, provided that all parties. to the ivlentorandtnu of Agreement have executed et least .ono misfile! copy oitae Metnoraudtun ofAgreernetit. �9 APPENDIX A X; XECUTON 71"1 CIIOnn M. Cannon A2Matant Actininistrator Disaslee Operatiant pirecEoratd FederatEmorgancy,Management Agency Date: /is/6 P Regional Administrator Date: Director State Emergency Management Agency Date: Please _see ettaohedreguired diguatbres far City of Mia0i, FlOrida - and City of. Miami Vire-Redoes Department Chisi.PcsnigNiadao'SiEllee Sponsoring Agency Aldo Attached; City of, Miami, Florida Authoriinq,Resolution: No. 08-0504_ adopted by City Commission on September 11, 2008 10 APPENDIX A A hiew Mentnranchtnn a Aercctnent (MOA). for Urban Search & Rescue.("USA,n between the US Depuronent ofHamelinal Scantily nncl the Cittortviinmi Rackgraund rnfarmation; CutcttnueclJ, Since 1989, Florida Task Force 2 has been an Integral pert of the FEMA's National UrbunrSearch and Resale ('!USAR") Response System. The nevi FBMA c ondones•to establish its rote as•the Nation's premier emergency management and preparedness agency, PllivCA and FL Task Ponca 2 have been operating under The wane MOA spice 1998, Several operationeilt legal and regulatory changes have bean made and FEMA IS requiring ail Ito sponsoring agencies, participating agencies, and strategla individuals la update and execute new standard MOAM, Separate legislature will be presented later for the participating agencies and strategic individuals, APPENDIXA OM 1 a AV:, Chief William Elryl;an City Of Milani Fire Rescue '1151. NW .7U1 Street- 3rd Floor Minnti,, Florida 3313E 1 r s, liatiarrnw .t irr tlarartx»d *away stint' Ra41,sw wrir'dntrw6 tic40172 FEMA Doar Chinf 13rryrrnn; • tince.1989, Florida Task Farce 2 has bgoe 011 integnd purl aiiho Federal 6rnergency Management Agency's (FEMA) Nuliolud llrbnn.Seerch end Rescue (US&R) Response SysIain. As the now FEMA continued tci establish its role as tho Nation's premier entargencyman agcntent and preparedness agency, Ave look Forward to continuing our relationship with Tlorsda Took . Faris 2, MIA, and Florida Task Force 2 have been Operating under the same i4ernoratidum.oF Agrcairent (MDA) since 11998. Several.logal'and.reguiatory changes have ham madu.sineo theft, ineluding thc'Istitsfer ot'PEMA to the Department atliamelend'Security in 2003 and tJa •publlestionofthe EIS&ii, In Rule at 44 C1]. Part 20S bi20OSi. 7'o update our agrccntenta,.PEMA is requiring all.US&R Task Forces icrectite new Standard MDA. The. neW MOA was detrelaped by the US&R Legal Issues Work Group, which includes representatives from US&R Task Force, ilia US&R Program (Wine, rind l?EMA's OFtice ar Chiet?Counsel; and was reviewed h:y all 28 US&R Tusk Farces. FEMA is requesting that you review, sign, endrehim the enclosed now MOA within 60 days: W.o rccognIze that ilia unique organizaliounlatructure oflhc 28 US&R Task Forces may require minor modifiealione.to the standard MOA end that additional. time maybe needed to review and return theMOA depending on your Took Farces review proacss. if you. would likaiu diocuas making any changes or need additional. time For submission, please contact Dave. Watib, Acing Chief, tirbnn Search mid Rescue.Drwicli, nt202-046-3456 Or davc,welib@. dha.goy. 'We look ,forward to corttiniuing lire strung, c oopemtive relationship between FEMA end Flaridn Task'F'orce 2 as we liolp lo.ensure tile: Nation irrendy'ta respond to all.haaards, •SincOreiy, Enolasurc , h1 Cllenn M,Cannon Assistant Administrntar Disaster Operations Dirttokntitu www.rarntaav APPENDIX B 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; .Maxlmurn Pay Rate Table, National Urban Search .and Rescue Response System (US&R); Interim Final Rule and Notice PPEyN,Dif 9162 Federal Register / Vol; 70, No. 3.6 !ThurAsda, Feb$. ruary 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: Tnteriin rule with request for comments, SUMMARY: This interim rule standardizes the financing,. administration and operation of the Natlanal 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 bptwein Sponsoring Agenciesi 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 Maxitnuni 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 1.1, 2005. ADDRESSES: Wail: 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 properhandling, 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: ', Sponsortag Agencies am State or local government ageneles, thethave signed Memoranda of Agreement with DHS to organize and manage US&R Task Farces. Throughout the preamble to this rule the terms "we" and "our" Warta and mean the Departinent of Homeland Security, "You" iefers to the reader. Viewing comments: You may view comments and background material at: http:f/www.epa.gov/feddocket orhttp:// 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) tnike,tamilfa v ?dhs.gov, SUPPLEMENTARY INFORMATION: Background The Federal Emergency Management Agency (FEMA) published a proposed rule, National Urban Search andRescue Response System, an December 18, 2002, 67 FR 77627-77640 (Proposed Rule). On March 1,.2003, FEMA became a part of the Ernergeitcy Preparedness and Response Directorate (EP&R), Department efHomeland 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 FEIvIA received' on the Proposed Rule, and changes resulting fromFEMA's integration into the Department of Homeland Security. The process for creating .and, updating the Maxximum.PayRate 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 finial 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 he deployed in. an area affected by.a major disaster or emergency. The President delegated this function.ta the Director of the FEMA under Executive 'Order (E.O.) 12148. Under E:O, 13286 of February 28, 2003, the President amended E.Q. 12148 fa 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) ofthe Stafford Act provides furtlier,tliat the President may authorize Federal agencies to perform work on public er private lands essential to save lives and protect property, including search and rescue.and emergency medical cere,.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&RJ 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 cotitmand 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 a immediately and initiate US&R Operations at DHS's direction. Members • of the Task Forces, also referred to as "System Meanbers," may respond as ' The US&R System comprises 29Task Forces in 19 States. A full Task Force Consists of 70 Systam Members, three deep (designed for 210 members) specially trained and equipped to find, extricate, and provide initiatmedical care to victims of collapsed buildings, weapons of mass destruction, as well as•to perform other assigned duties. AP END . Federal Register f Vol. 70, No. 361 Thursday, ' e ruary 24, 2095 7 Rules :and Regulations 9183 part of Joint Management Teams Will 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, U,S&R System Members of Joint Management Teams, and other overhead or technical teams,, operate as Temporary Excepted Federal Volenteers.3 The National Urban Search and Rescue Response System presently coutprises. 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 coritribiite personnel end 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. Jn certain cases, individuals who are not employed by a Sponsoring Agency or Participating Agency () become members of a Task Force as Affiliated Personnel.? DHS provides financial support in the form of grants er Cooperative Agreements8 (Grants) to each of the 4 A Joint Management Team'is u multi- disciplinary group allot/anal Disaster Medical System (NDMS), Urban Search and Rescue.(U.S&R) and other ,specialists combined to provide .apetnt)anat, planning. finance and administrative support for US&.R and NDMS resources, and to provide technical, advice and itashitan ce tii Statts and local governments. aThe term"Temporary Excepted Federal Volunteer- means that a System membar'a status is tempomry.for the period of Federal activation, excepted from Civil Service rules regarding Federal amployrnent, Federal far purposes of tort claim prnterticit end Federal "workers' compensation", and a volunteer in that DHS-does not pay the individual directly.,but itemburses the:Sponsoring Agency, for•tlie System Member's services. e AParticipating Agency is a'State or Local Government. non-profitoigenization,.or private organization that has executed an.agreaman_t with a Sponsoring Agency to participate in the National US&R Response:System: 7Affiliated Personnel are individuals not normally employedbby_a Sponsoring Agency or "Participating Agency end individuals normally affiliated with a Sponsoring Agency er Participating Agency es volunteers. a Cooperative Agreements are similar togrtnts, but differ from grants in tha.amonnt 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. Iri return for this financial support, each Task Force must be available for deployment as a Federal resource when: DHS activates it.'3 Task Forces also must maintain miniinu tt training. requirements that.DHSS prescribes.Y" 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. Adeptten 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 Agreernent,11 as described in subpart 13 eThe Task Farces also respond to disasters and. eminencies in their Lorne states as State'readurces. DEIS does not normally and directly reimburse Sponsoring Agencies of the Task Forces: for the coats that Task Forces inc:nr when deploying in their home states, although in a State deployment. Task i?orces may use equipment that they have purchased. with DEIS grant funds and Federal property that is in their custody, Subpart C of this rule does not eever,in-state deployment of US&R resources. However, Federal reimbursement for the coat of an in -state doployment.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 Develupsnent (USAI D) often uses the services of certain Task Forces to deliver humnuitiuianassistance abroad under agreements to which DHS is not a party. The rule does not affect the relationships between USAID and the Sponsoring Agencies of t&a Task 'Forces, •1oln addition to participation an Task Forces, participants in the System (referred to es System, Members) mayalse be called upon to serve as members of Joint 'Management Teams or other overhead or technical teams. P. DHS miters into a Preparedness Cooperative Agraemept with each Spnnsering Agency to provide Federal funding to.davelop and maintain System resource (personnel, equipment end supplies) of the rule, and a Response Cooperative Agreement?2 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 300 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 ether regulations and provides for sanctions if US&R regulations and directives axe violated, Subpart E describes the process through which we provide grant funds to the Sponsoring Agencies to Maintain Task Force readiness- Sponsoring Agencies use these grantfunds to administer the Task Forces, provide initial and recurrent training 14 and acquire and maintain a uniform cache of equipment and supplies. Following adoptionof 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 equiptitent-and supplies. directly to each Task Force. capabilities and readiness for operations, including training, tz when.DHS activates a Task Farce it provides Federal fiinding.fer the Ttu.kForce's response under the terms of the Response Cooperative Agreement, 11Following adoption of the final rule, DIES expects to develop a National: US&R'Respanse 'System DirectiveManual, which will contain system policies and explain other Federal regulations, and will. govern the, operation of the. National US&RResponse Systeut.TheDirective Manual will be updated periodically as needed. t4 Sections 30t3(a) and 621(c) of the Stafford Act, 42 U.S.C.5149(a), 5197(c): authorize DHS to federalize members of US&R Tesk.Forces to. participate in preparednass activities, We periodically ffedaralizst US&R teams to participate in DHS-sanctioned training exercises, also known as mobilization exercises. nuring.these periods, they sire not "Activated" within the meaning of § 208,2 of the tila arid, therefore, the provisions of subpart C do not apply to DHS,stnctioned training exercises. Funding for participation in DHS- sanctioned training exercises maybe available under 206.24(bl.of Om rule. 9184 Federal Register / Vol. '70; No, 38 / Thuisday, February 24,. 20051Rifles and Regulations 'Subpart C addresses. the.deployment of System Merribers, either es part of a Task Force, a Joint Management Team, or another overhead or technical team, .as a Federal resource, and the, reimbursement of the Sponsoring Agencies for the costs that they fneur as a result of these deployments. This subpart also explains the Response Cooperative Agreement that we Will ask each Sponsoring Agency to sign folio -Wing adoption of the final rule. SubpartD 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 tiineframes 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 far appeals are set out-ia § 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 wt; will reimburse Sponsoring Agencies for participating.in Alerts is and Activations.1a 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 teethe predominant sponsors of the Task Forces, at riskier 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 'cost). 44 CFR. 13.22 incorporates various Office of Management and Budget (OMB) circulars that address allowable cost. However, if there is a conflict between thisrute and 44 CFR part 13 or the OMB. Circulars, this rule controls. Section 08.49 explains haw we will compensate :Sponsoring Agencies for personnel casts during.Activations. When we deploy System Members, Alert means the statue (gat; System resource's readiness when triggered by an Alert Order Indicating that DHS may Activate the System rasotrnca. r6 Activation means the status of a Systetu resource placed at the direction; control end funding of DHS In response to, or in anticipation of, a presfdendal decimation of a major disaster or emergency under the Stafford Act, either as part of aTask Force, or as part of a Joint ManagementTeem or other overhead or technical team, we appoint. them into Federal service as. Excepted Temporary Federal Volunteers and they work under our direction and control for the duration of the deployment. However, System Members who are • regularly employed by a Sponsoring. Agency or Participating Agency retain their concurrent employment relationship with their usual employers.la The maintenance of this concurrent employment relationship is a fundamental principle of the National US8rR Response System, and dates from the inception of the System. We adopted the principle after consultations with the States, local governments and public safety employee organizations and we intend it to prevent System Members from=suffering_ a break in their service to the usual employer while -away on the Federal deployment. While on a Federal deployment, these System Members receive ,pay and benefits from their 'usual employers during the Federal deployment just as they would if they were tot Activated, Section 200.39(a) of this part provides that we will reimburse the Sponsoring Agency for personnel costs that result from the Activation and are consistent -with this rule. The Sponsoring.Agency is responsible forreimbursing the personnel costs of its Participating Agencies finder the provisions of § 208.39; Section 208.39(b) of this part speaks to how we compensate Sponsoring Agencies for overtime costs that might not have been incurred but for the Federal deployment., Section 7(k) of the Fair Labor Standards Act (section 7(k)) exempts public safety organizations. from paying their employees overtime under certain circumstances. As interpreted by Department of Labor regulations and court decisions, the section 7(k) exemption does not apply unless the employee. in question is trained in fire protection,has the legal authority and responsibility to engage in fire suppression, is employed by a public safety agency engaged in fire suppression and actually engages in fire suppression atleast 80 percent of the time. AfteereviewitigDepartment of Labor regulations relating to section 7(k) and relevant court decisions, weare uncertain Whether the rescue activities 17In'soma cases, the relationship between the individual and the Sponsoring Agaucy or Participating Agency is a contractual relationship or a volunteer relationship. Those regulations do not create a common ler:employmentrelationsblp between as indivtdual'and a SponsoringAgency_nt Participating Agency where none otherwise exists., undertaken by Sponsoring Agencies of the.USSR Task Forces are analogous to fire suppression. We also note that same System Members will not fall within the section 7(k) exemption because they are not regularly employed in fire .suppression. It would be unfair to compensate these individuals at one overtime rate, when fellow System Members, who may be volunteers or paretiine fire service employees, are compensated at another overtime rate, For these reasons, DHS instructs the Sponsoring Agencies to disregard the section 7(k) exemption when calculating. its reimbursement for personnel costs, .and rehnburses Sponsoring Agencies for regular Wages and overtime wages as described in § 208.39(d), (e) and (f).1a This instruction will not create a windfall for Sponsoring Agencies and Participating Agencies because they cannot charge DHS for personnel costs in excess of those that they actually and normally incur. Section 208.39(c) of this part establishes a uniform 24-hour tour of duty during the Federal deployment. DHS will reimburse the Sponsoring Agencies for 24 hours of pay for each day that a System Member is deployed; from his or her arrival at the Point of Assembly 19 until his or her release flirts duty, which may be the airport or Air Force Base to which the Task Force returns, or at the Task Force's. original Paint of Assertibly 2e or .some other point. This reimbursement procedure is ]mown as "portal to portal" pay. We are not establishing a different rate of reimbursement for meal periods or scheduled sleep periods: Once deployed, all System Members must be available for immediate response twenty-four hours a.day duringthe entire deployment.per°iod. Meal periods and sleep periods will be interrupted if .System Members are needed to engage in vital lifesaving activities, just as they are in the firehouse.• Search and rescue professionals whom we expect to respond aix a moment's notice at any time during a 24=hourperiod should be compensated for 24 hours of work. ACtivated System Members often work the first 24 to 48 hours of the Activation continuously, as n" Section 208.40(btl addresses_reimbursornent for ,varleus differentials paid by Sponsoring Agencies. '"Certain activated System Members will not report to a Point' of Assambly,.but rather will be instructed to travel to.the incident location directly from their boom or regular place of Work. Thane individuals ire Activated whoa they leave their home orregular place ofbrisiness andwe will adjust the "portal to portal" pay of theca individuale,accordingiy. ="The Paint of Assembly lsthe location whore a Task Pored assembles before departure in response to sa acgvatfon order: A �i Fedetal Register / Vol. 70, No. 36 / Thurs ay,ni e ruary 24, 2005 l Rtiles 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 20a,39(g) provides for the reimbursement of Backfi,1121 expenses.. The National US&R Response Systerit depends upon the voluntary participation of public safety agencies. We recognize that these public safety agencies may be short-handed when seine oftheir personnel are awayon a Federal deployment. If a public safety agency ordinarily Backfills a position in situatians: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 regularemployee 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 f©llow, 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 21.8adf It 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'ia System. activities, and the term "Task Force Member" isbest used to describe a. System Memb©r 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, ratherthan "Sponsoring Agency," to denote the, agency or entity with which DHS has enteredinto legal and financial agreements with respect to the US&R Task Farces: We have corrected the - usage of these terms in the SUPPLEMENTARY INFORMATION to the interim Rule. Finally, in the SUPPLEMENTARY' INFORMATION to the Proposed•Ru1e, we described the reimbursable period. during.an Activation as ending when a. System Member returns to the pre deployinentstaging 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 forlleimbtirsement and C©verage Under Federal Statutes While Traveling to and from the Point of Assembly. One Task Force comtnented on the time period that we proposeto pay System Members, namely from :arrival at the Point of Assembly Until his or her release from duty, which may he the aitport or .Air Force. Base to which the Task Force •returns, or at the Task Forte's original Point of Assembly, or some other point. Noting that some of lts members live 2 or more hours away • from the -Point of Assembly, the Sponsoring Agencyreimbtirses members from the'time that they are alerted to the tirne thatthey return.horne (including travel Mileage). .Response: This question has two. aspects: ()'Reimbursement for time spent traveling to and from the -Point of Assembly, and reimbursement for.travel mileage. while traveling to and from the Feint of Assetitbly; 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 1947i which requires that tine 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 e.ipense. The employee is expected to be at work; how the employee chooses to get there is entirely his or her own business. 27 Cornp. Gen. 1 (.947), 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 formal warkplace,.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 noncorapens"ahle if the amount of time spent traveling is niininial. On reconsideration of our position, we, will reimburse certain travel costs and time spent.traveling to the Point cif Assembly when a System Member responds to an Activation andmust 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 aTask Force or:other •System resource, timely assembly of the System Members is critical, and under these 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 hozne.after return to the Point _of Assembly, or travel required for training, which we consider to be ordinary noncom ensable travel. In the Course of Employment: Ordinary travel to and from a fixed workplace is geiterally.not within the scope cif employment for workers' compensation purposes, under_the "going and coniiisg" 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 e a ary .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 toe 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 treveling,to a Point of Assembly in responsse Mail Activation, but for no other purpose. Definitions: t+l(e receivedseverr`,al comments on the definitions In § 208.e, and Made the following changes;. We changed theterm "`Memorandum. of Understanding" to "1\iteritorandum 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 fends." The definition foe "Participating Agency" reads: "A State. or Local: Government, non-profit organization, or private organization that has executed an agreement with the Sponsoring; Agency to participate in the National US&RResponse, System." One:Task Force expressed concern regarding the definitions of "Program Manager," "Program Office," and "ProjedtManager." We have decided to retain the definitlons•of"Program Manager#' and. "Program Office" as they are,.tiirrently, the Program Manager is the. Chief of the US&R Section, Whichis part of the Response Division of FEMA, tinder the Emergency Preparedness and ResponseDirectorate of DHS, and the Program Office is the'US&R.Section. However, these entities may.cbange 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 fo.11owin.g 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 "Sesteht Order" in the. propose d rule with "Program Directive" in the interim rule. One eomnienter recommended that DHS include a_definition of"Affiliated Meiriber." The equivalent term is defined at § 208.32 as "Affiliated Personnel." Section 208,6, System Researce Reports. One commenter noted'that 'Sponsoring Agency, Participating. Agencies and System Members are.to cooperate fully in audits, investigations, stitdies.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 Casts. 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 net reimbursable casts. As' set forth in;§"208.11 and explained.iri the Supplementary Information, DEIS will appoint System Members into 'Federai service, concurrent with those individuals' local employment,. to secure protection for such employees .under the Federal Employees' Compensation Act ansi the Federal Tort Claims Act.. If a System: Member sustains an injury, that System Member ,may file a claim for compensation tinder the Federal Employees' Compensation Act. Because the System Metnber's Federal appointrhent is concurrent with his or her local employment, the System Menibeemay 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 offsetby the Federal payment to the Systeni 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 nit 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,ciirreut statutory authority from reimbursing Sponsoring Agencies for the costs of benefit payments, Death or Disability in Line of Duty. One Participating Agency asked whethera 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 injuryduring Activation should be considered to have occurred while. the System .Member was acting in the.scope of en ployment... .Federal Death Benefits. One Sponsoring Agency asked. how a ""Federal death benefit," if incurred, Would be calculated. The "-Federal death beri.efit" 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 end injury benefits available under each of these statutes are determined using formulas set forth in those statutes. Voluntary Contribution to Municipal Pension Plans, One Sponsaring.Agency asked whether contributions to a municipal pension. plan made volunterilyby 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 Plari Based on Overtime.' One Sponsoring Agency commented that tindee its benefits plan, salary is defined as the total actual fixed cash.compensati_on, including overtime, and contributions to its pension plan -ere based en this total salary, including overtime. The. -Sponsoring Agency asked whether contributions to the pension plan based en avertimepay received during Activation reimbursable Wader this rule. Under.§ 208.40(a)(2), these contributions arereimbursable. Cost"Sharing, One Task Force commented that, § 208.23,(f) refers to "Cost Sharing," hutmakes do distinction between "bard share," i.e„ cash Contributions, and "eoft share," i.e., ether value=added benefits provided by the Spponsaring Agency, We do sot presently require Sponsoring Agencies to provide 'a cost share, either hard or soft, for prepakedneee or response funding. Please note that section 208.22(f) provides, for cost sharing ifit were required in the future. If. we were 'to institute, a cost -sharing requiketnent in the future, we would clearly indicate in the Cooperative:Agreement whether APppEI, Federal Register /Vol. '70, No. 3 ti / Thuisday;LU! a ruary 24', 2005 / Rules and Regulations 9187 such cost share would be "hard" or 'twit" Equiprhent 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, inanagernent and disposition of equipmentpurcliased 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 wouldgenerally 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 nuinber of comments concerning the Maximum Pay Rate Table ITable) 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 maxiinum.pay rates for selected System positions that. may. be used for reimbursement of Affiliated Personnel compensation and Backfill for Activated. System'Wernhers employed' by or otherwise associated with a for -profit Participating Agency." lit' that same section, "Affiliated Personnel" are defined as "individuals not normally employed by a Sponsoring Agency or Participating Agency and individuals norrnall_y 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 net normally compensate in any way, at any -rate, The Table sets forth maximum rates for which we will reimburse the Sponsoring Agency for compensation paid to those individuals while Activated. The Sponsoring Agency may Choose to. compensate these individuals .at a higher rate, but we will not reimburse the increment above the maximum rate specified in the Table. Likewise, the Sponsoring.Agency may - Choose to enter into a Participating Agency agreement with the indididual's. employer, rather than use the individual as an Affiliated Personnel, in which case the Table'would not apply. Consequently, only a Sponsoring Agency's choice to exceed the maximum rates set forth in the Maxiinum Pay Rate Table would result in an uncompensated expenditure, and the Table would not violate the principle of cost 'neutrality, A number of parties expressed, concern that the.Table was not provided concurrently with the publishing of the Proposed Rule. We chose not to delay the Proposed Rule until theTable could .be developed.;We have inserteda new section 2p832, Maximum Pay Rate Table, to establish the process for creating, updating and using the Table. We are also publishing the Table as a Nfltica in the Federal Register and are asking for comments on both the Interim Rule and the Table before publishing the filial rule. One Sponsoring Agency expressed concern that the rates set 'forth. in the Table could not be used with respect to individuals employed by the Sponsoring Agency, and riot when the individual would serve on the Task. Force as_Affiliated Personnel (e.g., a Sponsoring Agency fire department •dispatcher affiliated with the.US&R. Task Force in'e non -dispatcher role as a canine search specialist). Although the Table Would not necessarily apply to reimbursement far..salary and benefits. for that individual, SponsoriegAgencies May use the rates in the Table as a guide for establishing compensation levels for Affiliated Personnel. Affiliated Personnel. Several commenters noted that the rule can be -interpreted to preclit.de 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 arid canine handlers are typically Affiliated Personnel, reimbursement for Backfill expenses is important to securing the participation of these individuals in the System. The restriction. on Backfill costs for Affiliated Personnel could limit the ability of Sponsoring Agencies to recruit . and retain these. highly trained civilians.. However,the onlyperniissible way to reimburse Affiliated Personnel for Backflll costs is throughParticipeting Agencies —neither we nor the. Sponsoring Agencies have contractual or employment relationships with the individuals Backfilling the jobs of Affiliated Personnel. If reimbursement for Backfill expenses is a problem. for Affiliated Personnel, we encourage them, to have their employers of professional association seek Participating Agency status. Participating Agency status, is available to private; for -profit organizations under the revised definition of "Participating Agency" set forth in this Interim Rule. (See Definitions,. § 208,2,.Participcting Agency, and § 2081,2, Maximum Pay Rate ''able.) -Note, however, that compensation costs, for the purposes of reimbursement and Backfill, refer to the System.Member's aual compensation, or the comsati penonctof the individual who i3ackfills a position(which includes salary and benefits, as described in §§ 208:39 and 208.40),, rather than billable or otherrates that might be charged for servicesrendered to commercial clients or patients, Creating, Updating and Using the ItifaYimuui.PayRate Table: We have inserted a new section 208:12 in this rule to establish how we will create, tipdate and use the Table to reimburse. Affiliated Personnel (Task Force Physicians, Task Farce Engineers,and .Canine Handlers) and Backfill for Activated System. Members employed by or otherwise associated with, a for - profit Participating Agency; the Table applies only to these named categories. -Section -200. i2' describes the method for determining maximum. pay rates using United States Office, of Personnel Management's (QPM) salaryrates, and provides links to OPIvI's applicable salary rate tables and locality pay tables, The section provides that DHS will review. arid Update the Table. periodically (at least annually). DHS is ,publishing theinitial"Table in the Federal Register as a Notice with request for comments. DHS will publish subsequentrevisions 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 reirnburse_the increment above the maximum rate specified in the Table. Resupply and Logistics Casts During a Federal Activation..One Sponsoring Agency noted that, under,§ 208.38, we will not reimburse casts incurred for resupply and logistical support during Activation..That section states that resupply and logistical support needed 9188 Federal Register /Vol. 70, No. 38 / Thursday, WAruary 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 Tearn [now the JMyfT1 cannot be established?' During Activation, we are responsible forresupply and logistics. Currently, we -accomplish this responsibility through either the JMtiib T, which operates in. the field, or the Emergency Support. Function 9. (ESF.-9),2; which operates from the National Emergency Operations Center, an emergency coordinating center located at FEMA headquarters: As DHS develops and evolves, we n'tay change the names or functions of these teams;. however, -the rosponsibility,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 Meinhers. 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 en 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 tate on an hourly basis during Activation. Another agency commented that the different methods. Of conipensation_calculaiion 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 23ESF..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. SSF-9 also provides planning and coordination of,US< assets'when they engage iu -other disaster -related aesignmants. 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 Agencyon 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• custornaiiIy and usually awards compensatory timber another overtime substitute forhours 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 anybenefits that chief officers might derive, and that the current languageof 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 tort 40-hour workweek. results in approximately 49 percent higher costs - during -Activation. Sponsoring Agencies and Participating Agencies that compensate employees based on a 58- 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 workweek, as described in §.208.39 of this rule. OneSponsoring Agency notes that the calculation of rehnbursable.personnel costs Will place an extra burden on payroll staff, and there will roost likely be personnel :who will be eligible for overtime compensation immediately upon Activation since they have already exceeded the overtime threshold for that Weak. 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 Mermber"is-eligible for overtime compensation immediately upon Activation. Reimbursement for Personnel' Costs for Equipment Cache .Relrabilitatioi . 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 en appeal process for the number offhours specified in the Demobilization Order, oranother mechanism for requesting additional hours based on unforeseen circumstances. There is no appeal process for the number of hours specifitdin the Demobilization Order. However, if the Sponsoring Agency -feels that unforeseen circumstances will prevent it kern completing its: equipment cache rehabilitation within the specified number of hours, the Sponsoring Agency should follow the 23A Deembiliiatfori Order.is a DHS camrininication that terminates an Aleut or Activation,and identifies cost end thne allowances far rehabilitation, APpE Federal Register /Vol. 70, No. 36 / ThursdayN,b. e iruary 24, 2005" /Rules and Regulations 9189 procedures in §.208.44 for reinibursernent of other costs, Reimbursement for Other Casts. Section 206.44 sets aprocedure for. Sponsoring Agencies to follow if the Sponsoring Agency or the Task -Force believes that it must incur an expense not included in subpart.0 for which it expects to request reimbursement. Section 208,44 requites that the Sponsoring Agency request in writing permission from DHS to make the expenditure or, ifadvance permission in writing is not possible to obtain, to meet three criteria before making the expenditure, including requesting and receiving advance verbal'app royal,. One agency.comrnented thet 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 ManagementTeams, in the past, have left requests for resupply unanswered for extended periodsof tithe. 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.Caclie List 2i provides far the purchase of tiiultiple; 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 casts associated with AGtiivation and limits duplicative procurement without compromising responder safety. Advance of Funds. Section 208.45 states that we will provide the" .Sponsoring Agency with air 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 9"0 percent of the estimated personnel casts. These agencies commented that since personnel cost of en Activation 24Thb equipment"cache Litt is the DHS-issued list that defines; (a) The equipment and supplies that US&R will furnish to Sponsoring Agencies; arc,i (b) the maximum quantities and typea or equipment and supplies theta Sponsoring Agency rimy -purchase and maintain with DHS funds. can exceed $1 mil lion, an advance_ up. to 75 percent ef;that amount still leaves the, Sponsoring Agency with apprnxianately $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 tine period. We believe that up to 75 percent is the optimal amount for.an advance of funds because it balances the need far 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 oftime than we use tocalculate 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 coinrnenter 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 erided. Currently, § 208.52 specifies that Sponsoring Agencies must submit claims for reimbursement within 90 days ofthe 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 'terns, often because of manufacturers' 'inventoryStatus. 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 tinneframo for submission, with the opportunity for Sponsoring Agencies to apply for e0eday extensions, is the better policy: In the past, we found that Sponsoring Agencies often do not submit claims for' "reimbursement in a tirrtely tanner, 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 SpensoringAgencies:to apply for 30-day extensions et their option.. Reevaluation and Potential Revision of the Rule. One agency commented. that we shouldprovide a date certain for reevaluation and potential revision of thin rule, The agency believed that providing this date certain was iinportant 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,:revisethe rule. However, we: will work with our State and Local Government partners through the National Urban Search and Rescue System. Advisory Cornmittea and its Legal Issues Working Croup 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 "(OreTask,Force Leaderis the individual during a deployment who is in control and responsible for the entire Task Force; addition to -reporting to FEMA. (whether the FEMA Emergency Support Team (EST) or the IST (now WTI 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." Otte feel that the roles and responsibilities of the Task Force Leader should not be included in the rule. We. have`doveloped 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 tithe, and we want -to retain ficxibility 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 / Viel. 70, No. 36 / ThurAl leT3r7Weltrunry 24, 2005 /Rules and Regulations different levels Of authority. For these reasons, we have not defined -the roles :and .respensibiliti es of tbe-Task Force Leader in the rule. Uge of Federafly Purchtmed - Equtprnent for Lac& Use inpally orations. One commenter noted that, unthe Federalism Steinway impact Statement included with the Proposed Rule, we stated that "Equipment and. Supplies purchased with -Federal fends maybe 'used,to respond to state disasters or .emergeucieS.".The commenter asked whether the intent Of the rule was to prevent the nee of feclerelly purchased eqUipment for daily ;I:yore:dons. We intend the -System to provide a Federal cep:ability. to' reeporld to major. disasters -or .emergencies involving structural collapse, Weapons �fmass destruction, or .other inoidents that:the Presidentileclares, A Sponsoring - Agency may use equipment and ;supplies purchased with Federal tends to respond to disasters or emergencies requiring urban search and rescue response at the -state and local /even and if rietessary, to repair or replace equipment so usedat the Sponsoring Agency's expense. However; we do not intend that Sponsoring -Agencies -use' federally. purchased: equipinentin Tontine, day-to-day pperations, Indirect Costs., One Sponsoring Agency commented un our probibitipe of reimbursement for iridireet tests related to response, and- our 7,5 percent. limitation on indirect costs related to preparedness, The commenting agency' noted that this Ihnitatiou on:indirect cost S is inconsistent with other FEMA- pregrams and diverges from standard Federal indirect cOsiperceinages. The commenting agency stated that this limitationtould threaten the ability of that Sponsoring Agency to remain in the System, -stating that the "workburderi formulas presuppose economies of scale for a larger, pre-existing agency."' We brought this issue to the National TAM? Advisory Committee, which redenunended retention ofthe indirect costa poll qy as in the proposed Mien: We aere.e. This limitation is not inconsistent with other limitatiens applicable to FEMA programs. Aceordingly,,vve halite not eh:ingot this section. Note that thiti limitation applies only to Preparedness :Ceoperative Agreements,' which apply ever the course.of atleast one:year and tewhich indirect toot principles can be applied readily. Except as-previsied in .§206:41, we allow no..inditect costs tinder Response Cooperative' Agreements,. U$Sci'cleploytheote are most Often. shorkernar on the order of 10-44 days,. Consistent with section 407 ofthe. Stafferd'Act„ we will allow the :adininietrative allowance listed in §-208.41.of this part in lieu of attempting to establish indirect cost 'rates for shornterm deployments: Administrative Procedure Act petermjnation Wear° publishing this Interim Rule under the Administrative Procedure Act, 5 U;S,C. 553, with eta request for publiC comments. Concurrently With publication of the Interim Rule, we are publishing the Maximilian Pay Rate 'Table (Table) -in the Federal Register as. . a Nodes. We published a Proposed, - .Rule, National Urban Search and Rescue RespOnseSystem, on December 18, .2002,67 FR77627-77640.•and received over-30. comments from verieus Task • Forces in the National-US&-Z Response, 'System. We -discuss the comments :in ittie preamble of the Interim Rule, indicating vehere-we agree. willathe comments atid -have made -changes, and also where we do not agree with the erninnente. We did not have the Table prepared at thatime we published the Proposed Rule but received a large nuriiher of comments and questions about the Table. To provide, an. opportiniitY for gamin:mat before publishing the fund title, and because of the delay between. the date of the Proposed Rule and the Interne Rulerw.e request that interested partial comment within 45 days of today's publication, The National US&R Respcinise System provides a nurriberof public services that are laterite within the Federal Government. Membersere experienced and trained professionals highly !killed in the often dangerous roles of searching for, extricating and providing initial. medical care for victims from collapsed 1e-el1ding!, whether collapsed by natural er matunade causes. The searching is important to the public to ensure that every effort has been madeto resctie people still entre Within a collapsed structure. Members also have an important role infinding the bodies of these killed in. the collapse, so that victims might beidentified and. returned to grieving families. The tasks performed and the dangers inherentlia the weak benefit other- firefighters and disaster responders who do not have -the specialized training and experience:of. • the National US&R ResponseSystein Members and Who' are not put at lisk by entering the, collapsed structures when niSade.teares are present.: TheInterirn.Rnle is effective today, the date of publication. There is an, urgent need within the National US&R 'Response System to standardize financial; ,echninistrative and operational functions among the 28 Task Porcesincated in. 18-Stetes. These needs include codifying the relationship between the Department of Homeland Security (DHS) and the Spells pring „ Agencies ofthe 28 Task Forces, and staudardizing the relationahipa.of Spensoring.Ageneles-with their Participating Agencies and Affiliated Persennel, Efforts to standardize the Ivieetoranda of Agreement between DHS and The Sponsoring Agencies, and in turn, the agreements bennesin the Sponsoring Agencies and Participating Agencies and...Affiliated Personnel, are essential to the effective functioning of the System andurust be completed soon to inform, guido,andgoVerri all.Systera, participants uniformly in their respective roles, responsibilities and activities. tri the sineaSeptember 11, 2001, Congress has appropriated increased flindata-US&R for equipment, training, and other measures to ensure that each Task Force is fellystaffed, trained and available for whatever disaster -they may ba called upon for belp..Rie imperative 'and Urgent that there -be full accountability for the funds granted to the Sponsoring -Ageticienend 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 thatehey be in effect as soon as possible. The direct effect of t1ils,r0lais on the 28SponsoringAgencias,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 -ConunitteeM5 the -Working Groups 2! under the Advisory Cominittee, and others associated with the National US&R Response System have froqtiently.and repeatedly " requested publication and implementation otthis rale, which they itegently need to ful.4li their obligatioes. to the System, themselves and their organizations. As Matters of sound policy, planning -and management for the entire 'System, it is important to make the rule effective upon publication. Good cause exists and it is in the public interesttomake this Interim Rule The itelvinity 6enrsittee et the Die done! ,US&It Response System.junVides advice, ,reconanandatioon'and eneese) the cow:Mak% develapnuMt and maintenance ntiiNational • Response- SystatMlu the Linder Sometaty for Eminency F!reparadness and Response. 44 The System has-seven:it spat:allied Working 'aroupt,g., canntindied genera staff, medical. Jogai" asues,Imining, etc., that provide professional and technicatadvica-nn TJS&R issues to DM throngh the National .Advisoyy.ComMittee. ApriNDIX Federal Register / Vol. 70, No. 36 / Thursday, February 2.4, 2005 /Rules and Regulations 9191 effective upon publication (and to request commentson the laterite Rule and on the Table as published separately today as a Notice): DIMS will review and evaluate any comments that it receives and will publishthe final rule at a later date. 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 adrriinistrative activities in support of emergency and disaster response and recovery, including deployment of urban search and rescue teams. Accordingly, we have not prepared an environmental assessment or environmental impact statement'for this rule. Executive Order 12860, Regulatory Planning and Review Under Executive.Order 12866, 58 FR, 51735, October 4, 1993, a "significant regulatory action' .is subject to OMB review and the requirements of Executive Order 12866, Section 3(f) of the Executive Order defines "significant regulatory action" as one that is likely to result in a rule that may: (1) Have an annual .effect on the economy of $100 million or more, or may adversely .affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health orsafety,,or State, local or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) lvleterially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. In determining,whether to proceed with the formulation and publication of this rune, we considered three alternatives: maintain the status quo ante; manage the program through administrative directives; and cancel the program.. Maintain the Status Quo Ante. The. National US&R Response System has operated since the early 199.0s without formal regulations, The fast ten years or so were formative years with a great dcra) ofilux:Federal appropriations were minimal until the events following September 11, 2001, which Ied to major changes in planning, operations, management, training and funding. Twenty US&R teams responded to the World Trade Center and lave responded to the Pentagon: After -action evaluations showed the peed 'for greater interoperability of equipment, consistency in training and operating • across the 28 teams, and many other. factors to permit 28 disparate units in 19 States to perform es a cohesive whole. Congress appropriated larger sums to support the program, mandating that the program notadd new task forcesuntil existing task forces were fully equipped and trained. Spurred by the response of Congress and the Administration, rove redoubled efforts to standardize the financing, administration and operation of the National US&R Response'System: Under the status quo ante and the low level of Federal funding, wehad little leverage to standardize the.progratre With. increased appropriations and expanding mission that -followed September 11, 2001 (e.g., response.to acts of terrorism and weapons of mass destruction events, response to hurricanes), operating without formal regulations was no longer tenable.. Sound management and responsible, stewardship of tho program.demand formal regulations, For these reasons, we rejected the status quo ante. Management by Administrative Directives, We rejected this alternative au grounds that administrative directives do not have the force of law; tend to be piecemeal, and do not adequately support our need for standardized practices within the US&.R ,program. In contrast.. the rule will have. the force of law and will concisely support our.n.eed to standardize the financing, administration and operation of the US&R rogram. Cancel the-PProgram. The US&R program.grew out of the evident need to have highly skilled, specially trained and equipped personnel swiftly available to search for and extricate victims Evora collapsed buildings,. whether from, earthquakes and other natural causes, acts of terrorism, accidents or other human causes. The need is.greater today than perceived in the late 1980s and early 1990s..The prograrn has garnered a well- and bard - earned recognition of its effectiveness, with strong support from Congress, the, Administration, and its Sponsoring rind Participating Agencies. With that continuing support, cancellation of the program is not a feasible alternative, Interim Rule. We (FEMA) published a Proposed Rule, National Urban Search and Rescue Response System, on. December 18, 2002, 67 FR 77627-77640. During the 45-day comment period, we received about 30 comments from Sponsoring Agencies, one from a Participating Agency, one from a Mcmber•of Congress, and none front the• public at large. We -reviewed the comments, accepting some, rejecting same..This preamble and.lnterim-Rule reflect the decisions made regarding the .comments that we received. When we published the Proposed Rule, we mentioned, but had not yet prepared, the Maxirnnni.Pay Rate Table (Table). In order to have that part oldie rule 'on which we had received comments go into effect, and to obtain public comments on'the Table, we. elected to publish the rule as an Interim Rule, and, concurrently to publish the -Table as a Notice, with request for comments. Ecoriomic Significance:of the Rule.. 'This rule will not have ari annual effect on the economy of $100 million or more and is not an economically significant rule under Executive Order 12866. The rule establishes the relationship between the Sponsoring Agencies of the Urban Search & Rescue (US&R).Task Forces and DHS, funding for preparedness and response activities, including the acquisition of equipment and supplies and training, and the eligibility of Task Forces to receive and maintain Federal.excoss property. This interim rule impacts 28 Sponsoring Agencies, 26 of which are from, local communities, 2. are associated with state universities. All pf the communities have populations greater than 50,000. Most of the Sponsoring Agencies have agreements with Participating Agencies for additional, support. to meet the staffing, equipment and training requirements of the National tJS&R Response Systwn. US&R-related costs of Participating Agencies are paid by DHS through the Sponsoring Agencies: Similarly, expenses of Affiliated Personnel are reimbursed through the Sponsoring Agencies. DHS has designed the National US&R Response System to be as cost neutral to Sponsoring Agencies as Federal law authorises. DHS acquires equipment and supplies, pays .for training, meetings and related travel, lodging, and per diem expenses, and. attempts to cover Sponsoring Agencies' preparedness costs. throughpreparedness Cooperative Agreements, When DHS activates a US&R Task Force we reimburse the Sponsoring Agency for 100 per cent of its direct eligible costs incurred, including overtime and BackfilI costs, and indirect costs capped at 7.5 percent of direct costs, under the terms of the response Cooperative Agreements, _Sponsoring Agencies will incur certain paperwork burdens and expenses, which are described and quantified .9192 Federal Register / Vol..70, No. 36 /Thursda 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&RResponse System. Costs to DHS to administer the National US&R Response System include the salaries and expenses of an 8-person staff, andthe indirect staff costs for financial, acquisition, logistics and other administrative services provided' by DHS and FEMA. Current apprcpriations.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&RResponse System, representing thebaseline nondisast'er-specific budget far operating expenses.`Tn"the past two years, congressional annual. appropriations for-US&R.were $60 million, most of which USSR passedto the Sponsoring Agencies pursuant to Cooperative Agreements; FEMA passes the amounts appropriated to the Sponsoring Agencies in preparedness Cooperative Agreements funded..t00 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 SpotisoringAgencies. 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 ar tribal goveriuneuts or cotntnunities. This rule is a significant regulatory action, but not en economically significant regulatory action within the definition ofsectian 3(±J of.Executive Order 12666, and it adheres to the principles ofregulation of the.Executive Order. The Office of Management and Budget has reviewed this rule under the provisions of the Executive Order: Regulatory Flexibility Act, a U.S.G. pot Under the Regulatory Flexibility Act. agencies must consider the impact of their rulemakings on "small entities" (small businesses, srrrall organizations ,and local governments). The, Act also provides that, if a regulatory flexibility analysis is not required, the agency .ritust 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 end Emergency Assistance Act. The System .currently comprises,26 US&RTask• Forces In.19 States. A State agency or local public safety,agency:(Sponsoring Agency) .typically sponsors a Task . Ferce,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 "Sinai] 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.Ageucies fortbe 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&Rprogratn 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 directcosts'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 Coinpansation Act (FECA) and the Federal.Tort Claims Act (FTCA): In some instances, State workers` compensation benefits exceed those available under FECA, and the 27TheTask.Forces also respond' to disasters and. emergencies In their home states as "State resources, DHS does not directly.mimbursa Sponsoring Agencies of the Task Fermis for the costs that they incur' when. deploying in, their home state, although. Ma State deployment Task Forces may use equipment that they have purchased with DHS grant funds and Federal'property that is in.their costody..Subpart C ofthia Tula does'not cover.in state deployment of US&Rtesources. However, Federal reimbursement for the cost elan instate deployment may he available through DHS'a 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 fntornatitinal Development (US AID) often uses the services of certain US&R Task Forces.to deliver humanitarian assistance abroad under agreements to which DHS is not apart'. The rule does not affect -the relationships between US AID and tha Spisnsoring 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 reCiuirements.that DHS, prescribes. Under current int:erpretations•by the Department of justice, the FTCA covers System Members during Task Force activations, but dogs 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 (Atha' 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 adininistration and accotnntabiiity.that Federal Cooperative Agreements require of any recipient of such awards. We have no basis for estimating the expected cost arrange of costs per impacted Sponsoring or Participating Agency. DHS is not aware of anyrules 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, cancetlation, of the- program,. Management lay -Program directives, and -this interim rifle. None of the alternatives 'to this rule met DHS needs tg standardize thefinancing, administration and operation of the US&R'Systeni; none provided differing .compliance or reporting requirements, or clarified, consolidated; or simplified compliance and reporting; or exempted any piths Sponsoring Agencies front coverage. of the rule. Per 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 neither of small entities and does not apply to this interim rule. Paperwork Reduction Act of 1993 DHS has determined that the implementation of.this.rule is:subject_ to the Paperwork Reduction Act of 1995, 44 U.S:G: 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)'revie m and approval ofa new collection of ` AI' ENDI Federal Register /Vol. 70, No. 36 / Thurs ay, )We ruary 24, 2005 /Rules and Regulations 9193 information, which is contained in this rule, The collection ofinformatlon complies with provisions of the Paperw ork Reduction Act of 1995, 44 U.S.C. 3506(c)(2)(A). We invite the • general public to continent on the collection of information, Collection of Information Title; Urban Search and Rescue Program. US&R grant application forms approved by OMR under Control Number 1660-41025, which expires July 31, 2007, are: Form Numbers: SF 424, Application for Federal Assistance; DHS Perin 20- 10, Financial Status Report; DHS Form 20-16; Summary Sheet for Assurances. and Certifications; DHS Form 20-16A,. Assurances —Non -Construction. Programs; D}JS Form 20-16C, Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free 'Workplace Requirements; DHS Form :20-20, Budget lnfermation-Non- Constrtiction Programs; and SF LLL, Disclosure of Lobbying Activities:. Abstract: This information collection is to inplement 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 treatrrient to. victims trapped in Collapsed structures,weapons of mass :destruction events; and when assigned, incident command or coordination of other operational actiadties. 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 breakdowm.of the burden. follows: DHS forms Na. of responders (A) Frequency of response (B): Hours per response and record- keeping (C) Annual bur- den hours (A x B x C) The following terms were approved under 1660-0025: SF-424 Application for Federal Assistance .28 1 1 hour 28 hours. DHS Form 20-10 Financial Status Report .... °28 1 1 hour 28 hours. DHS Forms 20-16; 20-16A, 20-160, Summary Sheet for As- surances and Certifications. 28 1 30 minutes .14 hours. SF LLL, Disclosure of Lobbying Activities 28 1 110 minutes . 5 hours. DHS Form 20-20, Budget Information Non -Construction Pro- grams and Budget Narrative. 28 2 9 hours 504 hours. SF 270, Request for Advance or fieimbursement :28 2 4 hours 224 hours; Subtotal ............ 224 .. 803 hours, OMB Number: New: Abstract: In order tc implement the TJS&Rprngram;_DHS roust collect certain types of information not 'included in OMB Control Number 166970025, 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 e) . The following are new collections: Narrative Statement 28 2 4 hours 224 hours.. Progress Reports 28 2 2 hours. 112 hours, Extension or Change Requests 5 1 1 hour . 5 hours: Audits of States, Local Governments, and Non:Profit Organi- zations; 28 1 30 hours 840 hours: Memoranda of Agreement 28 1 (1) 8 Subtotal . 145 1181 hours. Total hours 369 1984. hours. t After wepublish 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 $35,009. The approximate hourly rate of pay is $18,90 ($35,000. divided by 1850 bours): 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:Ue $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 / Thursdy,, k'ebruary 24, 2005:/Rules_ and Regulations The total annual estimated time and costs are 1984 hors 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 thefortns. The new collection is required for sound grants management and compliance with OMB Circulars and DHS regulations. FOR FURTHER INFORMATION CONTACT: Contact Michael TamilIow, Emergency Preparedness and_ResponseDirectorate, 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.gov for additional .information. You may contact Muriel B. Anderson for copies of the proposed collection of information at (202) 446- 2625 or (facsimile) (202) 646-3347, or e- mail informatldncollectfons@dhs.gov. Executive Order 13132 Federalism-. Federalism Summery 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 nn the ;States, on:therelationship between, the national government and ,the States, or on the 'distribution of power and responsibilities among the variszus 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 anti 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 USeeR Response Systcrn 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 recagniees the•prunary role of State and local- governments in responding to disasters and eniergencies.Equipment and supplies purchased with Federal funds, may be used to respond to. in -state disasters and emergencies. The teams may-orily 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, wei 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 bas been developed through a collaborative process with representatives of State and local governments. As noted.abbve, the Legal Issues Working Group; a. subgroup of the National US&R Response System Advisory Cgrinntittee,, developed the Original draft ofthese 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 an the US&g Task 'Forces. Congressional Review afAgency- Rulemaking We have sent this final rule to the Congress and to the General Accounting, Office tinder the Congressional Review Of Agency Rulemaking Act, Pub. L.104- '121. The rule Is note•"major rule" within the meaning of that Act. It standardizes 'the financing, arlministratioiu and operation of the National Urban Search and Rescue Response System, a.cooperative effs rtof the Department of Fionneland Security,. participating State emergency management agencies and Iocal public. Safety agencies across the country. The rule will not result -bra major increase in costs or prices for consumers, individual' industries. Federal, State, et' local government agencies, or geographicr©gions. 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 regture.ments. of the Paperwork Reduction Ast and OMB has assigned Control No.1660-e 0025. The ride 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 20B Disaster assistance, Grant programs. Accordingly, we add part 208 to title 44, chapter L of the Cede .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 fir the National US&R. Response: System.. 208.4 Purpose for System. 208.5 Authority of'the Director of the Response• Division (Director)., 208.8 System resource reports. 208.7 `Enforcement. 208.8 Cnde•of conduct. 208.9 Agreements between. Sponsoring. Agencies and Participating,Agencies. 208.10 Otherregulations. 200,11 Federal status of System Members. 208.12 Maximum Pay Rate Table. 208.13-208.20 tResorvedj Subpart B-Preparedress Cooperative Agreements .208.21 Purpose. 208.22 Preparedness Cooperative Agreement process. 208.23 Allowable costs uuderPreparedness .Cooperati've Agreements. .206.24 Purchase and maintenance of items not listed sin Equipment CacheList. 208.25 Obsolete e_quipmenL 208:26 Accountability far use of funds. 208,27 Title to equipment. '208.28-206.3a (Reserved"':. Subpart C _Response Cooperative Agreements '208.31 Purpose. 208:32 •Dermitions'of terms used in this subpart. 200.33. Allowable casts; 208.34 .Agreements between Sponsoring Agencies and others, 208.35, Rei mburremeut for Advisory; '208.38 Reimbursement for Alert,. 208.37 Reimbursement for.equipment and .supplycosts incurred deringActivation. 208.38: Reimbursement for re -supply and logistics costs_ inCutred during Activation, 208.39 Reimbi seident far personnel costs incw'red during Activation. 200.40 'Reimbursement of fringe benefit costs,during Activation. 208.41 Aduiiuistrativeallowance: 200.42. Reimbursement for other adnunistrative costs. 208.43 •Rehabilitation. 208.44 ,Reimbursement for other costs.. 208,45 Advance of funds.. '208.46 Title to equipment.. 200.47-208.50 (Reserved"' Subpart D-Reimbursement Claims and Appeals 208.51 General. 208.52 Reimbursement procedures; Federal. Registert'Vol. 70, No. 36/Thui'sday, ebruary. 24; 2005 /Rules. 'and Regulations 9195 208.53-2U8,59 1Reservedj 208.60 Determination of ellims, `208.61 Payment of-claima. 208.62 Appeals. 208.63 Requestby DHS for supplemental information. •208:64 Administrative -and audit requirements. 208.65 Mode of transmission.. 208.66 Reopening of claims for retrospective orzetroactive adjustment of costs. 208.67-208.70 IReservedl Authority: Roberta. Stafford Disaster Relief and Emergency Assistance Act., 42 U.S.C. 5121 through 5206;-Reorganization Plan No..3 of 1978, 43 FR 41943, 3 C1?R;1978 Comp., p. 329; Homeland Security Mt of 2002, 6 U.S.C.101; E,O:12127, 44 FR 19367, 3 CFR, 1979 Cocnp., p.876: E.O. 12148, 44 FR 43239, 3 CFR;1979 Camp:, p. 412; E.O. 13286, 68 FR 10619, 3 CPR, 2003 Comp., p. 168. Subpart A --General § 208.1 Purpose end 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 (DHSJ 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. Fart 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,. ofthis . 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_regulatian8. The following definitions have general applicability throughout this part: Activatedor Activation means the status cif a System resource placed' at the direction, control and funding of DHS in response to, grin 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 cominuntcation to System resources indicating, that an event. has occurred or OHS anticipates will occur thatmay require Alert or Activation of System resources Alert means the status of a 'System resource's readiness when triggered by an Alert Order indicating that DiIS may Activate the •System resource. Alert Order means the DHS communication that places a System resource on Alert.status: Assistance Officer means the DHS employee who has legal authority to. bind DHS by awarding and amending .Cooperative Agreements: Baakfllmeans the personnel practice of temporarily replacing a person in his or her usual position with another person. Cooperating Agency means a State or Local Government that has executed a Cooperative Agreement to provide Technical Specialists. Cooperative Agreement means a legal instninient between DHS and. a Sponsoring Agency or Cooperating Agency that provides funds to •accomplish a public purpose and anticipates substantial Federal involvement during the performance of the contemplated.act.ivity. Daily Cost Estimate means a. Sponsoring Agency's. estimate of Task Force personnel. compensation, itemized fringe benefit rates and amounts including calculations, and Dackfill expenditures for a 24-hour period of Activation. DeputyDirecfor means the Deputy Director of the Response Division, Emergency Preparedness and Response Directorate, Department of Homeland .Security, or other person that tha Director designates. DHS'means the Department of Homeland Security. Director means the Director of the Response Division, Emergency Preparedness and Response Directorate; S. Disaster Search Canine Team means a disaster search canine and handler who have successfully completed the written excatnination and demonstrated the perfottianco skills required by the Disaster Search Canine Readiness Evaluation Process. A disaster search canine is a dog that has successfully Completed the DHS Disaster Search Canine Readiness Evaluation criteria for Type II or both Type I1 and Type 1. Ernetgencymeans any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives:and to protect property ad public heelth and safety, or to lessen or avert the threat of a catastrophe in any part of the. United States. Equipment Cache List means the DHS.issued list.that defines: (1) The equipment and supplies that US&R'wiil furnish to Sponsoring Agencies; and, (2) The maximum quantities and types. of equipment and supplies that a Sponsoring Agency maypurcbase and maintain with,DHS;funds. Federal Excess Property means any Federal personal property under the control of a Federal agency that the agency head or.a designee determines is not required for its needs or for the discharge of its responsibilities. Federal. Response Plan:means the .signed agreement among various Federal departments and agencies that provides a mechanism for coordinating delivery of Federal • assistance and resources. to augment'efforts of State and Local Governments overwhelmed by a Major Disaster or Emergency, supports implementation of the Stafford Act, es well as individual agency statutory authorities, and supplements other Federal emergency operatiansplans developed to address specific hazards. Joint Management Team or j?MMT means a multi. -disciplinary group of' National Disaster Medical System (NDMS), Urban Search and Rescue (USSR), and other specialists combined 'to'provide operations, planning, legistics,.fln.ance 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, • c ity,. 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. MajarDisaster means any natural catastrophe (including any hurricane, tornado, storm, high .water, wind driven water; tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm. or drought), or regardless of. cause, any fire, flood, orexplosion, in any part of the. United States; that in the determination of the -President, causes damage of sufficient severity and magnitude to warrant major.disaster assistance under the Stafford Act to supplement the efforts and available resources of States, Local Governments, and disaster relief organizations in. alleviating the damage, Ioss, hardship, or.suffering caused thereby. Memorandum of Agreement (MOA) means the document signed by DHS, a Sponsoring Agency and its State that describes the relationship .of the parties with respect to the.Ntational Urban Search & Rescue Response System. Participating Agency means a State or Local Government,' nonprofit organization, or .private organization APeENDIXg 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&RResponse System. Personnel Rehabilitation Period means the period allowed by DHS fora 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 Agencyto 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-dayadministration of the National US&R Response System. Program Office meaus•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 cif an Alert Or Activation. Sponsoring Agency means a State or Local Government that has executed an MOA with DIIS 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 anyState 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 Specialistmeans a person pparticipating in the System who assists the Task Force with administrative or other support during mobilization, groundtransportation and demobilization as directed. 'System,or National US&R Response. System means the national US&R response capability administered by DI3S. System Membermeans anyTask Force Member, )MT Member, Technical Specialist, Support Specialist or Disaster Search. Canine Team. TaskForce 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 es a part of a JMT or a Task Force. liS&•R means urban search and rescue, the process of searching for, extricating, and providing for the immediate medical stabilization of victims who are entrapped is collapsed structures. (bj Additional definitions. Definitions for certain terms that apply only to individual subparts of this part are located in those subparts; §208.3 Authority Tor 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., §208,4 Purpose for System. It is DHS policy to develop and provide a national' system of standardized US&R resourcesto respond to Emergencies and Major Disasters that are beyond, the capabilities of affected State and Local Governments. §206.5 Authority of the Director of the Response Dlvislon (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 to § 206.13 of this chapter, the Director may establish performance standards 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. § 208:7 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 terra 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)(1Ithrough (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 CPR. 13.4..3(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 subjectto "Debarment and Suspension" underE.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 Cade 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 coda of conduct. will limit the authority of aSponsoring 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. AP ENY 88 :Federal Register / Vol. 70, No. 36 / Thurs ay, D[February 2+, 2005 /Rules and Regulations 9197 1,206,9 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 criininal and civil penalties. (d) Section 206.15, which.permlts recovery of assistance by DHS. § 208,11 'Federal status of System Members. The DirectorWill 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 participatesin 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 wi11 be compensated through their Sponsoring Agency. § 200.12 Maximum Pay Rate sable.. (a) Purpose: This section establishes the process for creating and updating the Madimurn. Pay Rate Table (Table), and the Table's usete reinnturse " Affiliated. Personnel (Task Force Physicians,,Task Force Engineers, and Canine Handlers) and •Backfili 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, volunteers 'that is, an individual whom the Sponsoring Agencyor 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 payrateS. (1) DHS uses the United States Office of Personnel Management's. salary rates, cornpu.ted 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, niiddle step.for.each.positien, which demonstrates an experience level of five years., (2) The Office of Personnel Management (OPM) publishes salary and locality pay schedules each calendar year. (1). 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://www.opm.gov/oca/03 tables/ SSR/HT1411,10290.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. Tablecan be found at http;// www.opm.gov/oca ti3tables/html/ gs.asp. (iii) LbcolityPay, To determine adjustments for locality pay DHS uses the latest locality pay areas, (including the "Rest of U.S." area) establishedby OPM. The rates used in the initial Table can be found at http://www.bpm.govf oca/03tables/locdefasp. (3) Review and update.DES 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 maximunt 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 tablethe Federal Register, The rates will be affective for the latest year indicated by OPM? [d) Application_ of the inirxfmuin 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 Agencymay 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 thanuse the individual as an Affiliated Personnel; in which case the Maximum Pay Rate .Table would .not apply: (3) Compensation for Sponsoring Agency* employees servingas Affiliated Personnel. An employee of a Sponsoring Agency serving on a flask Force in a capacity other than his or her normal job, e.g.,.a fire department. dispatcher affiliated' with the Task Force as a caning 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 Iviaxiinum Pay Rate Table as a guide far establishing compensation levels for such individuals.. (4) Backfrll expenses far Affiliated Personnel under § 208.39(g). (i) The only Way that DHS:.can reinibiirse for Backfill costs incurred fax Affiliated Personnel is through Participating, ' to some.years the latest year may not be the. - currant calendar year. For instance, OPM did not change Us pay rateafor slender year 2004, and the 2003 scbedutea amity, 9198 Federal Regiater/ Vol. 7,0„ No. 36 / ThurAlcigTetruary 21, '2005 /Riales and Regulations Agencies. ff.reimbursement for Eackfill experiseeis needed for Affiliated Personnel; DHSencourages them to urge their employers orprofeesionel association to seekParticipatingAgency :Status. Ptivale, forprofit organizations. Participating. Agency.stattisis available to private, "for -profit organizations, e.g., HMOs or Medical Or engineering professional asiociations,. under the: revised definition of 'Participating .Ageney" set forth in this :Interim rule. (See Definitions, §2(18.2, Pecticipcitiiie Agency, and § 208.32, Maximtit,ii Pay Rate Tab)e); Whene for -profit Participating Agency mist, backfill an Activated 'System. Member's position. we will compensate that. Participating Agency up te the maximum rats. provided in the Table. Compensation Costs: DHS-Will reimburse for -profit organizations., for purposes of reinibursement and 13.aekfill, forthe.SyStem Member'actual compensation or the actual corepensatiOn of the indiVidual.Who Backfills a pasitiaa. (which includes salary end -benefits; aS described in §§2(38.39 imd.208.40), hut Will not reimburse forbillahle or ntherrates that 'might be charged for services rendered to commercial clients, or patients. -§§20a.13203.20 [Reserved) Subpart B-e,Preparedness Cooperative Agreements §2O&21 Purpose. SulipattB of thiSipart prevides- guidance on the administration of PreperedneSS Cooperatives Agreements. §208.22 Preparedness Cooperative. .A9reement paces. te/ApP/icatiOn, To obtain DHS funding for an award Or antendthent af . a Preparedness Co -Operative Agreement; the Sponsoring -Agency must submit an application. Standard form SF-424 "ApplicatiOn for Federal Assistance" generally will be tiaed..HOwever, the application must be in a fprmthat the Assistance Officer specifies. (b) AWerci,-DHS will award a Preparedness Cooperative 'Agreement to each Sponsoring Agency to provide Federel, funding,to develop and ermintain,Systeni resonrce capabilities - and operational -readiness. For the' 'ptirposes of the Preparedness Cooperative Agreament,;the sp dueling. Agency Will be considered the "recipient." . (c) Ainendment(1)Procedure: Absent special:circumstances, DHS. will fend. and 4anend Preparedness Cooperative ,Agreements on an annual basis. Before amendment, theAssietance required application forms and supporting docuriteritation to bd. :sUbmittedwith theepplicetion. (2) Period of Peiformance, Absent Venial eircuinstances, the -period of performance for Preparedness Cooperative Agreements 1y.ear from the date'of award: Vie -Assistance Officer may allow for an alternate . ,period,ef perforinance with the approval of thaDirector, (3) Assistance Officer. The Assistance Officer is the Only individual autherized to award or modify 'a Preparedness CooperatiVeAgreernent„ (d) Award amity*. The Director deterinine award amounts on an Minitel basis. -A Task Force is eligible fcir annual -award only if theProgram Manage; receives and approves the Task Frirce's currant -year Daily. Cost Estimate. (e)DRS peiOriries. The Director will establish overall priorities forthe use of Preperedness Cdoperative: Agreement funds taking into consideration the: results of readiness evaluations and actual Activations, nverall:prieritles ef DIIS„ and other factors, as appropriate'. 1(1) Cost Shoring, The Director may .subject Preparedness Cooperative Agreement awards tia cost sharing provisions. Inthe call ferPreparednesa .Cooperative Agreement amendment ePnItatiOne, theASsistence Officer must inform Sponsoring Agencies- aboitt any nest sharing obligations. g) $panonng Ageney priorities, The: .Sponsoring Agency should indicate its ,spending priorities in the application, The prograinManager will review those priorities and will Make recommendations to the Assistance Officer fornegotiating the final ,agreement. -•(h). Responsibility to- maintain integrityof the equipment cache. The Sponsoring Agency is respeiasiblette maintain -the integrity of the equipment athe, including but not limited to, timiriteriance of the cache, replacement of equipment ar supplies expended in training, activations, orlOdal use ofthe cache, and timely civailability ofthe cache Task Petra Agileatio;mS, §208,23 ,Allowebie Oats trader FeeperednessCooperative Adreemente. System. Menibers inesi spend Federal funds that DHS providesunder any Preparedness Cooperative Agreement and any required matching. funde.inider 44.CFR 13.22 and this settionto pay • reasonahleielloweble, necessary and allocable costs that directly anripnit System activities, including the.. following:-. amount, Officer. will issue acell 'for:Cooperative (a) Administration, hthding. Agreement amendment applications„ (1) Management and administration bf The Assistance,Officer will spetify .day-te-day System activities such as. personnel cornpensafiort andbenefits • -relating tO System riim'inenerice and development, record keepirig,inventory of equipment, and correspondence .(21 Travel to-arici fromSyStem activities, meetings, Penferenees:, training,. drills and exerdiaes;:- . ,(3) Tests and examination, irieinding vaccinations, brirenniacitione and other tests that are not normally required or d in the course of a System. • Merriber's ertiployment,. and that DHS requires to mein its standards. itg (1)) Dl'rd141:11eveloptn: ent and -delivery- ofi and participation in,. Systern-related training emirses, exercises, and drills (2) Canstruetion, Maintenance„lease cirptirchase of SYetem-related, training "fe.eilities or material% (3) Personnel. COmpermation expenses, friduding.nverthne and other related expenses associatedwith Systemlelated training, .eXercisea, or (4).Systeni4equirod evaluations and :certifications other than the certifications that DHS requires System: Memberstopossess at the time of entry into the SySterii.'For instance, DHSWill :not pay for a medical sdi�ol degree, paramedincortifieation or recertification, civil engineering licenSei Mg., (e) Equipment: (1) Promiritnentefequipment and spedifieally identified on the' then -current DHS-approved Equipment Cache • (4) Maintenance and repair. of eqiiininentiriehided con the current Equipment Cache List; (3)-Mainteriancearid repair equipment acquired with DHS approval through the -Federal Excess Property program, wmept as provided in §203.25 of thispart: (11Purchase, construction, ' rriaintenence.or lease of storage facilities, • :and asSociatedequipment_for System equipment and supplies: . (d)Disaster search canine mqienses. lotillotOttreinerit for Use as aSYstern re f21Tinining.and certification *Pellets; (a) Veterinary (e) Management end administrative coste„actuallyincurred but not otherwise specified in this section directly support the. Sponsoring Agency's U$Sr.R capability, provided that such Coate do not exCeed 7.5 :percent of the :a�pp�arx Federal Register / Vo1. 70, No. 36 /Thursday;n, 'FAruary 24,. 2005 /Rules and Regulations 9199 §208:24 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 maybe -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 §.206.20 of this subpart. §208.25 Obsorete,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 § 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 Eight to transfer title to the Federal Government or a third party thatJJHS 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. 1208.31 Purpose. Subpart C ofthis part provides guidance en the administration of Response Cooperative Agreements. § 208,32 Definitions of terms used In ibis subpart. Affiliated Personnel means individuals not normally employed by a Sponsoring Agency. or Participating Agencyarid individuals normally affiliated with a Sponsoring•Agency or Participating Agency as volunteers. Demobilization Order means a Dip 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. Maxirnurzt PayRate Table means the 'DHS-issued table that identifies the .maximum payrates for selected System positions that may be used for reimbursement efAffiliated Personnel compensation and Backfill for Activated System Members employed by or otherwise associated with a for -profit Participating Agency. The Maximum Pay Rate Table apes 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 '20 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 AIert 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 otherprovision of this. chapter,. DHS will notreimburse a Sponsoring Agency -or Participating Agency for any costa 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 CPR part:215), as applicable, Sponsoring Agencies and Participating Agencies must adhere -to their own normal anti predetermined practices and policies of general application when requesting reimbursement from DHS except as it sets out in this subpart.. (d) Indirect costs, indirectcosts 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 ate 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. These agreements must identify established hourly et daily rates of pay for System Members. The hourly er 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 d uring. an Advisory, .§ 208.36 Reimbursement for Alert. (a) Allowable costs. DHS will reimburse costs incurred during an .Alert, up to the dollar Unlit 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: adiinistrative allowance provided in g 203.41 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 liniit 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 their. (b) Calculation of Alert Order dollar, limit. The Alert Order dollarPlink will equal: (1) Ar allowance of 10 percent of the Task Force's Daily CostEstimate; and (2)• A supplemental allowance of 1 percent ofthe Task Foree'sPaily Cost Estimate. for each' 24-hour period beyond the first ?2 hours of Alert. (c)Non-allowable costs. DHS will not reifnhurse costs Incurred or -relating ti- the leasing, hiring or chartering of aircraft or the purchase of any equipment, aircraft, or vehicles: 9200 Federal. Register/Vol.. 70, No. 36 / ThugLEI;Tqruary 24, 2005/Rules and •Regulations § 208.37 Reimbursement for equipment and supply costs Incurred during ACtivation: (a) Allowable eaSts., reimburse costs incurredfor .the: emergency procurement. of equipment and supplies in the number, type, and tip to the cost specifiedin the current approved -Equipment Cache List, and up to the f.iggregit dollar limit specified in the Activation Order, The Director may determine. emergency procurement dollar liMits, taking into account previous Activation history, available funding, the Octant 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 Preparerhp.ess or Response Cooperative Agreement. §208.38 Reimbursement for re -supply and logistics poste 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) pf this subpart, DHS will notieimburse costs incurred for re- supply and logistical support during Activation. Re -Supply- and logistical Support of Task Forces needed during Activation:tire the responsibility of the Joint Management Teare. 208.39 Reimbursement or personnel costs Incurred during Activation. (a) Compensation, DHS will reimburse the Sponstiring.Agency for costsinturred for the compensations of each Activated System Member during Activation. Reimbursement of compensation costs for Activated :Support Specialists will be 'limited to periods Of dine during which they were. actively supporting the Activation Or traveling to or from iodations -at wbith they were actively supporting the Activation. The provisions of § 298.40 of this part govern costs incurred Ior providing fringehenefits to System Members. (b) Public Safety E.vernption not - applicable. DHS will reimburse Sponsoring Agencies for costs incurred by Non -Exempt System 'Members in accordance With 207(a) of the Fair Labor -Standards Act, without regard to the nubile safety exemption contained in 29 U..S.C. 207(4 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.duting.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" an.d.niust be availablefor immediate response at all tiines during Activation. (d) Regular rate.:The regular rate for purposes of calmilating. allowable 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 duringACtil'otion. 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 wee (2) ConVertthe annual Salary of any salaried Non -Exempt System Member to itS hourly equivalent for a 40-hour workweek; (3) Calculate the daily compensation ofExempt System Members based on their current annual salary, exclusive of fringe benefits; (4) Calthilate the total number of hours worked by each System Member to he included in the Sponsoring Agency's request for reimbursement; and (5) Submit a request for reimbursement under § 208.52 otthiS part accordingto the fallowing table: If the Sponsoring Agency or Participating Agency ' (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 arid Usually compensates Ex- empt System Members by paying a Salary and oyertime, And the Sponsoring Agency or Participating Agency 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 substitulle. fOr Exernpt System Members fpr 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 'predeterniined overtime payment for each hour worked above a predeterrnined hours threshold,. (iv) Custernarily and usually compensates Non- 'Does not customarily and usually grant cam - Exempt System Members by paying overtime pensatory time or other form of overtimes after 40 hours par wet*, substitute to Non -Exempt System members,. Then the following compensation costs are armada: 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 daring 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 aver 40, A EiVD g. Federal Register/ Vol. 70, No. 36 / ThursSay, ebruary 24, 2005 /.Rules and Regulations: 9201 if the Sponsoring Agency or Participating. And°the Sponsoring Agency or Participating Agency • • , Agency Then the following compensation costs are allowable: (v) Customarily and usually compensates Nan- Exernpt System, Members according • to a compensation plan established under 29 U.S.C. 207(k), (vt) Activates Personnel, who are customarily and usually paid an hourly :Wage accordtrig to the Maximum Pay Rate Table, . (Ai) Activates Affiliated Personnel who are cus- tomarily and usually pald a daily compensa- tion rate according to the Maxmum Pay.Rate Table, Does not customarily and usually grant corn- perisatory time or other form. of overtime substitute to Non -Exempt System Members,. For each seven-day period during the Activa- tion, the hourly wage equivalent of each Ac- tivated Non -Exempt System Member eat 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 ,pars 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 ter every.hour over 40. The daily compensation rate for each Acti- vated Affiliated Personnel tor each Cult or partial dayduring the Activation. ((),Reimbursement- of additional salaryand 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 LJ.S.C. 207(k) to a 40-hour Work week under 29 U.S.C. 207(a). (g) .Reimbursement forBackfill costs upon Activation. DHS will reimburse. the cost to Backfill Systein Members. Backfill costs consist of the expenses generated by filling the position in which the Activated System lvternbe.r should have been working. These costs are calculated by subtracting thenon- overtime compensation, including fringe benefits,.of Active red System Members:front the total costs (non overtime and overtime compensation, ensation, 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 of 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: If the Sponsoring Agency or Participating Agency ` ` •• 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 Systern Member, '(2) incurs a fringe benefit cost based on the number o1 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 fora pro-rata share of the premium based on the number. of base hours worked .during Activation. Bit DHS for a pro-rata share of the premium based on the number of hours each System Member worked during Activation, Bill DHS 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 hill time. The City Fire Department incurs a premium of 3 percent for dental coverage based on the number at 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 ter 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 bit. DHS for workers compensation premium costs by rnultipiying the hourly 'fringe benefit rate .or .amount by the number of non -overtime hours worked during Activation by full tirpe 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 / ThugiryTWAruary 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 thetho.i used tocalculate each such payment and the reimbursement sought frcim DHS. (c) DHS will not reimburse the Sponsoring Agency for fringe benefit posts 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 paregraph.(b) of this section: (1) Collecting expenditure information from -Sponsoring Agencies and Participating Agencies; (2) Cempilirigand summarizing cost records and reiroburseinent ,claims; (3) Duplicatingcost records and reimbursement claims; and. (4) Submitting reimbursement incluclingenailing, transmittal, and related costs. (b) The administrative allowance will be equal to the following: (1) If. total allowable costs are less than $100,909, 3 percent of total allowable casts 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 clairn greater than $100,000;. (3) If totalallowable costs are $1,000,000 or more, $21,000 Ius 1 percent ef costs included in the reimbursement claim greater than $1,000,000. § 208.42 -ReitnbUrserrient for other adinlhistratIve costs,. Costs incurred for conducting after - action meetings and preparing after- action.reports must be billed as direct costs in accordance withDHS administrative pcilicy. §208.43 Rehabilitation. DHS will reimburse costs -incurred_ to. return System equipment and personnel' to a state of readiness following Activation a's, pro.vided in thissection, (a) Costs for Equipment Cache list. items—(1) Non -consumable items. DHS will reimburse costs incurred to repair or replace any non -consumable itern2on the Equipment Cache List that was Iost, damaged, destroyed, or donated at DHS direction to -another entity-, during Activation. For each suohltern, the Sponsoring Agency must document, in writiiag, the circumstances f the loss,. damage, destruction, ordonation.. (21Consumable items. DHS will reimburse costs incurred to replace any Consumable item oh the Equipment Cache List that was consumed during Activation. (3) Personnel costs associated with equipment -cache relfabilitation.DIIS will reimburse costs incurred for the Compensation, including benefits, payable for actual time worked by each person engaged in rehabilitating the 'equipment cache following Activation, in accordance with the standard pay policy of the Sponsoring Agency or Participating Agency and without regard to the provisions of §208.39(e)(1) of this part, up to the number of hours specified in the Dernobilizatien Order. Fringe benefits are reimbursed under the provisions of § 208.40 of this part. (b) Casts for personnel rehabilitatiOn, ,DHSwill reimburse costs incurred for the compensation, including benefits and Backfill, of each Activated System 'Member regularly scheduled to work during thereliabilitation period specified bathe Demobilization Order, in accordance with the standard pay policy of the Sponsoring Agency or Participating Agency and without regard to the provisions of § 208.39(e)(1) of this part (c) Other allowable costs—(1) Local transportation. DHS will reiniburse costs incurred for transporting Task Force Members froth the point of assembly to the point of departure.and from the point of return to the location where they are released from duty. DHS will also reimburse transptirtation costs 'incurred for assembling and moving the equipment cache from its usual place(s) Of storage to the point ofdeparture,end from the point of return to its. usual place(s) of storage. Such reimbursement will include costs to return the means of transportation to its point of origin.. (2) Ground transportation: When DHS orders a Sponsoring Agency to move its Task Force Members and equipment .cache by ground transportation, DHS will reimburse costs incurred for such transportation,,including but not Limited to charges for contract carriera, rented vehicles, contract vehicle operators. fleet vehicles, fuel and associated transportation expenses, The Director has authority to issue schedules of maximum hourly or per mile reimbursement rates for fleet and contract vehicles. (3) Food and beverages. DHS will reimburse expenditures for food and beverages for Activated Task Force, Members and SupportSpecialists when the Federal government does not provide meals during Activation. Reimbursement offood and beverage 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. Food and beverage reimbursement will be limited to the auiount of the then -current Federal mealsend incidental expenses daily allowance published iu the Federal Register for the locality where such food and beverages were provided, multiplied,by the number of personnel who received the same. § 208.44 Reimbursement for other costs. (a) Exceptas allowed underparagraph, (b) of this section, DHS will riot reimburse -other coats -incurred' preceding, during or upon the conclusion of at. Activation unless, before making the expenditure, the Sponsoring Agency has, requested,.in writing, perniission for a specific. expenditure and has received written permission from the Program Manager or his or her designee to make such ek.penditure, (b) At the discretion Of the :Fromm Manager or his or her designee, a request for approval of casts presented after -the costs were incurred mustbe in Writing and establish that:- .(1) The expenditurewas essential to the Activation and was reasonable; (2) Advance written approval by the Program Manager was not feasible; and (3) Advance verbal approval blithe Program Manager had been requested and, wasgiven., § 208.45 Advance cif funds. At the timeof Activation Of ir Task Force, the Task Force will develop the dcaumentation necessary to request an advance of funds be paid to such Task Ferce's Sponsoring Agency...Upon approval, DHS. will submit the documentation to the Assistance Officer and will request au advance offends up to 75 percent of the _estimated personnel costs for the Activation. The estimated personnel costs will include the salaries, benefits, and Backfill costs fOr Task Force Members and an estimate of the salaries. benefits and Backfill costs required for equipment Cache rehabilitation. The advance of funds will net include any costs for eqUipment .purchase. §208.48 'Title to equipment. Title to equipment parthased by a Sponsoring Agency with funds provided under a.DHS Response Cooperative Agreement vests in the Sponsoring Agency, provided that DES reserves the right to transfer title to the Federal Government -or a third patty- that DHS May name, under 44 c.Fg 18.32(A-when a Sponsoring indicates or demonstrates that'll cannot fulfill its Federal RegiSter/VOL 70, No. 36/ThtirAsPgrWetruary 24, 2005/Rules and Regulations 9203 obligations under the Memotaiichtm of Agreement. §§208.47-208,50 [Reserved] Subpartb—Relmbursement Claims and Appeals. §208.51 General.. (a) Purpose. This, subpart identifies the procedures that Sponsoring Agencies Must use toreqiiest reimbursement from DHS for costs incutndunder 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 spe.cifies . (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 (U)(i.) of this section when the. Sponsoring Agency justifies and requests the extension in writing. §§206.534205.59 fileservedj 1208.60 Determination of claims. When DHS receives a reviewable. claim for reireinu•sement, DHS will revieWthe claim to determine whether and to what extent reimbursement is allowable, Except as provided .173 §-208.63 of this past, 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. IlDHS determines that any item of cost is not eligible for reimbursement, its notice of determination will specify the grounds on whichDHS disallowed reimbursement. § 208.61 payment of claims. DHS willteimburse all allowable -costs for which a Sponsoring Agency requests reimbursement within 30 days after DHS. determines that reimbursement isallowable, inwhcile or isepart„ at any stage of the reimbursement and appealprocesses identified in this sthpart. § 208.62 Appeals. (a) Initial appeal. The Sponsoring Agency may appeal to the Program Manager any determination made Under § 208.60 of this -pert to disallow reimbursement of an item of cost: (1) The appeal must be in writing and submitted within 60 days after receipt of DrIS's. written notice of disallowance under §206,60 of this part. (2).The appeal' must contain -legal and .facrual justification for the Sponsoring Agency's contention that the cost is. allowable. (3) Within 90 days after E*IS regeives an appeal, the Program Manager will review -the information submitted, make such additional investigations as necessary, make a determination on the appeal,:atid submit Wiitten notice of the determination of the appeal to the Sponsoring Agency. (b) Final appeal. (1) If the Program Manager denies the initial appeal. in whole or in part, the Sponsoring Agency may submit a final appeal to the Deputy Directoe'The appeal west be made ha writing and must be submitted not later than 60 days after receipt olverittera notice of DI-IS's determination of the initial appeal.. (2) Within 90 days fallowing the receipt of a final appeal., the Deputy Director will render a determination and notify the $perisciring Agerity,: in writing, of the final disposition ofthe .appeal. (c) Failure.to file timely appeal:If the Sponsoring Agency does not file an appeal within the tirne periods specified, in this section, DHS will deem, that the Sponsoring Agelecy has waived its right to appeal any decision that could have been the subject of an appeal,. § goa,ss Request by DHS:for supplemental Information.. (a) At any stage of the reimbursement and appeal. processes identified,in this sabpart. DHS may request the Sponsoring Agency to provide Supplemental information that DHS considers necessary to deterniine either a claim for reimbursement or an appeal. The Sponsoring Agency must exercise its best efforts to provide,the supplemental information and mast submit to DHS a written response that includes such supplemental information as the Sponsoring Agency is able to provide within 30 days -after receiving DHS!s request. (b) If DHS makes a request for supplemental information et any stage of thareimbursement and appeal procesSes;the applicable tine within which its determination of the claim or appeal is to be made will be extended by 30 days. However, withoutthe consent of the Sponsoring Agency, no more than one:such time extension will be allowed for any stage of the reimbursement and appeal processes, § 208.64 Administrative and audit requirements. (a) Non -Federal audit. For Sponsoring Agencies and States, requirements for non -Federal audit are contained in 44 CFR 13,26, in accordance with OMB Circular A-133, Audits ofStatee. Local Governments, and Non -Pratt Organizations.. (b) Federal audit. DHS. or the General Accounting Office may elect to conduct a Federal audit of any payment made to a Sponsoring Agency or State. § 208.65 Mode of transmission. When sending all subinisSions, determinations, and requests for supplethental information under this subpart, all partiesniust use a means of delivery that permits both the sender and addressee to verify the dates of delivery. § 208.66 'Reopening of claims for retrospective or retroactive adjustment Of costs. (a) Upon written xequest by the Sponsoring Agency DHS will reopen the time period for submission of a request 'for reimbursement after -the Sponsoring Agency has submitted its request for reimbursement, if: (1). The salary or Wage rate applicable to the period of an Activation is retroactively Changed due to the execution of a collective bargaining agreement, or due tnthe adoption of a generally applicable State or local law, ordinance or Wage order er a cost -of - living adjustment; (2) The Sponsoring Agency or arty Participating Agency incurs an additional cast because of a legally - binding determination; or (3) The DeputyDirector determines that other extenuating circumstances existed that prevented the Sponsoring Agency &on' including the adjustment of costs in its original submission, (c) The Sponsoring,Agency must notify DHS as early. as practicable that -it anticipates such a request. §§206,67-208.70 Wieservedj Dated: February 3,2011. Michael D. Brown. Under Secretary; Emergency Preparedness and Response, Department efliameland security. rFR Doc; (35-3192 Flied 2-23-05; 8:45 am] Bump, cope 41 1 cf—WP Participating Agency's Point of Notification Appendix C Participating Agency Director: Name:. Phone Nuniber: r q5(4,31--H- seisq Email: Participating Agency Liaison for Florida Task Force 2; Name: Phone Number: Email: aait- trtia