HomeMy WebLinkAbout2004-340I RESOLUTION NO. 2004-340
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO FIRE
3 DEPARTMENT TO ENTER INTO MEMORANDUM OF AGREEMENT (MOA) WITH
4 THE CITY OF RIVERSIDE FIRE DEPARTMENT TO PARTICIPATE IN THE FEDERAL
EMERGENCY MANAGEMENT AGENCY NATIONAL URBAN SEARCH AND RESCUE
5 TASK FORCE.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The City of San Bernardino Fire Department and the City of Riverside Fire
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9 Department wish to enter into a Memorandum of Agreement to participate in the Federal
10 Emergency Management Agency National Urban Search and Rescue Task Force;
11 SECTION 2. The Mayor or her designee is hereby authorized and directed to execute said
12 Agreement, a copy of which is attached and incorporated herein as Attachment A;
13 SECTION 3. The authorization to execute the above referenced Agreement is rescinded if it
14 is not executed within sixty (60) days of the passage of this resolution.
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2004-340
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO FIRE
DEPARTMENT TO ENTER INTO MEMORANDUM OF AGREEMENT (MOA) WITH
THE CITY OF RIVERSIDE FIRE DEPARTMENT TO PARTICIPATE IN THE FEDERAL
EMERGENCY MANAGEMENT AGENCY NATIONAL URBAN SEARCH AND RESCUE
TASK FORCE.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a J t. regular meeting thereof, held on the
1st day of November , 2004, by the following vote, to wit:
Council Members:
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
AYES
x
x
NAYS ABSTAIN ABSENT
RacM G. Clark, City Clerk
x
The foregoing resolution is hereby approved this 3f c�ay of November 2004.
Approved as to form
and legal content:
James F. Penman
City Attorney
2
h Valles, Mayor
of San Bernardino
2004-340 Attachment "A"'
MEMORANDUM OF AGREEMENT
FOR PARTICIPATING AGENCIES
An agreement entered into this 1 st day of November, 2004, by and between the City of Riverside
Fire Department, an Urban Search and Rescue Task Force and the Participating Agency, City of
San Bernardino Fire Department.
To delineate responsibilities and procedures for Urban Search and Rescue (US&R) activities
under the authority of The Robert T. Stafford Disaster Relief and Emergency Act, Public Law
93-288, as amended, 42 U.S.C. S5121, et sec. and relevant State authorities, or when otherwise
properly directed.
II. SCOPE
The provisions of this Memorandum apply only to US&R Task Force activities performed at the
request of the Federal government, provided at the option of the local jurisdiction and the State,
and in conjunction with, or in preparation of, a Presidential declaration of disaster or emergency
and upon activation as outlined below in sub -element V.A. Details concerning specific working
relationships on various projects may be appended to this document as they are developed.
III. DEFINITIONS
A. Activation: the process of mobilizing specific Task Forces to deploy to a designated
disaster site. If the Task Force responds to such a mobilization request, the Task Force is
to arrive with all equipment and personal gear at a pre -designated deployment site and be
at the disaster site within six hours of the activation notice.
B. Alert: the process of informing Task Forces that an event has occurred and that Task
Forces might be activated at some point within a 12-hour timeframe.
C. Associate Director: the Associate Director for State and Local Programs and Support
Directorate, FEMA.
D. Department of Defense (DOD): the Department of Defense, to include military and
civilian components. DOD is the primary agent for coordinating US&R efforts under
Emergency Support Function (ESF) #9, US&R, under the Federal Response Plan.
E. Director: the Director of the Federal Emergency Management Agency.
F. Disaster Assistance Employee (DAE): a temporary Federal employee, hired under the
provisions of the Robert T. Stafford Disaster Relief Act.
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2004-340
G. Disaster Medical Assistance Team (DMAT): a functional unit activated under the
National Disaster Medical System (NDMS) which provides austere medical care in a
disaster area or medical services at transfer points and reception sites associated with
patient evacuation.
H. Emergency Information and Coordination Center (EICC): a control center located within
FEMA headquarters in Washington, DC, to provide interagency coordination of
assistance to emergency or disaster areas.
I. FEMA: the Federal Emergency Management Agency.
J. Incident Commander: the individual in -charge of coordinating relief activities within the
disaster site; under normal circumstances this individual will be an emergency manager
from the local community responsible for incident activities including the development
and implementation of strategic decisions and for approving the allocation of resources.
K. National Disaster Medical System (NDMS): a cooperative effort of the Department of
Health and Human Services (HHS), Department of Defense (DOD), Department of
Veterans Affairs (VA), FEMA, and State and local governments and the private sector
designed to care for a large number of casualties resulting from either a domestic disaster
or an overseas war. The Public Health Service (PHS) heads the program.
L. National Emergency Coordinating Center (NECC): a primary notification center located
in Berryville, VA. This center is operational around the clock.
M. Participating Agency: a public entity providing support to and participating with a
US&R Task Force under the authority of a Sponsoring Agency.
N. Sponsoring Agency: a public entity, to be named in each instance, providing official
sanction to a US&R Task Force.
O. State or States: the State, Commonwealth, or U.S. Territory government to which the
sponsoring organization reports, which shall be named in each instance.
P. Task Force: an integrated collection of personnel and equipment meeting standardized
capability criteria for addressing the special needs of US&R.
Q. Task Force Leader: an individual responsible for team training, equipment maintenance,
mobilization, and tactical direction of the Task Force.
R. Urban Search and Rescue (US&R): specialized tactics, personnel, and equipment suited
to the unique lifesaving problems presented in structural collapse situations.
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IV. RESPONSIBILITIES
A. FEMA shall be responsible for:
1. Coordination between the sponsoring organization, the local jurisdiction,
the State, and other relevant governmental and private parties.
2. Limited funding and technical support for equipment and training
specifically aimed at preparing a promising Task Force to be a fully
implementable Task Force, as prescribed in the FEMA Urban Search and
Rescue Response System manual. Use of this equipment will be limited
to FEMA-sanctioned response activities, appropriate responses as
determined by the local jurisdiction, and mutually agreed upon training.
3. Out-of-pocket expenses for team members deployed to a disaster site, as
outlined in VI. FINANCIAL AGREEMENTS.
4. Document control at the Regional office, ensuring that all reports are
directed to FEMA Headquarters SL-CE-FR-OP, Attn: US&R.
B. The State shall be responsible for:
1. Maintaining 24-hour alert capabilities, including a point -of -contact or duty
officer available at all times.
2. Implementing FEMA's alert and activation procedure of the State -
sponsored Task Force if called upon to do so by FEMA.
3. Document control at the State office, ensuring that all reports are directed
to their respective FEMA Regional Point of Contact.
C. DOD shall be responsible for:
1. Deploying US&R Task Forces from designated staging areas and move
such Task Forces to the disaster site.
2. Logistical, maintenance, and other support to deployed US&R Task
Forces.
3. Coordinating the replacement and/or rehabilitation of damaged or
destroyed equipment used in the course of the operations.
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2004-340
D. The sponsoring agency shall be responsible for:
1. Recruiting and organizing a Task Force, according to guidelines
prescribed in the FEMA Urban Search and Rescue Response System
description manual.
2. Registering and qualifying all medical personnel on the Task Force
through PHS as a specialized DMAT. This includes the separate MOA
with PHS, attached as Attachment B.
3. Providing training to Task Force members. Training should be contiguous
with the objectives of upgrading, developing and renewing skills as
needed to maintain qualifications for a particular position on the Task
Force. A section on the Incident Command System should be taught to all
Task Force members.
4. Developing, practicing and implementing an internal call -out system for
its members.
5. Administrative, financial, and personnel issues as they relate to the Task
Force. All original paperwork will be filed at the sponsoring
organizations, with copies as outlined in IX. REPORTING
REQUIREMENTS, below, sent to FEMA, SL-CE-FR-OP, Attn: US&R.
6. Reporting as delineated in VIII. Reporting Requirements.
7. Developing, maintaining, and accountability for US&R-specific
equipment to be purchased with matching funding from FEMA and the
local sponsoring agency, subject to the availability of such Task Force
personnel and equipment which will be based upon requirements and
priorities of the local jurisdiction and the State at the time such personnel
and equipment are requested.
8. Providing personnel and equipment for US&R-related exercises, as agreed
upon with FEMA and the State.
E. The local participating agency agrees to:
1. Fill the Safety Officer position to the best of their ability according to the
guidelines prescribed in the FEMA Urban Search and Rescue Response
System Manual.
2. Practice and implement an internal call -out system for its members as
developed with the sponsoring agency.
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2004-340
3. Manage, under the direction of the Sponsoring Agency, administrative,
financial, and personnel issues as they relate to the participating agency's
role and responsibilities within the Task Force. All original paperwork
will be filed at the sponsoring agency, with copies as outlined in VIII.
Reporting Requirements, below, sent to FEMA, SL-CD-PR-OP, Attn:
US&R.
4. Provide personnel and equipment for US&R-related exercises, as agreed
upon with FEMA, the State, and the Local Sponsoring Agency.
V. PROCEDURES
A. Activation
1. Upon request from State governments for Federal disaster assistance,
and/or determination by FEMA that pre -positioning US&R Task Forces is
prudent, FEMA shall request the activation of forces necessary to respond
to the emergency or disaster situation.
2. Activation notices shall be communicated by the EICC or NECC, through
the appropriate State Emergency Management Office, to Task Force
Leaders.
B. Mobilization, Deployment, and Redeployment
1. The Task Force Leader shall notify members of Federal activation.
2. If the Task Force responds to a notification of Federal activation, Task
Force leaders and Team leaders shall move the Task Force and its
equipment to pre -designated airfields for pick-up by DOD aircraft within
six hours of the official activation.
3. Upon arrival at the mobilization area, DOD will provide an on -ground
briefing, maps, food and housing (as necessary), and other items essential
to the initial set-up and support of the Task Force. DOD will supply a
liaison and a radio operator to each task force deployed to a disaster site.
4. DOD shall provide transportation from the staging area to the disaster site
and return.
5. The Task Force shall be redeployed to the point of origin airfield by DOD
aircraft upon completion of the US&R mission.
C. Command and Control
1. DOD has overall command and control of the US&R.
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2004-340
2. Tactical employment of US&R Task Forces may be passed from DOD to
the local or on -site Incident Commander within a disaster area.
VI. FINANCIAL AGREEMENTS
A. Task Force members shall be compensated in accordance with pay schedules and
policies set forth by the Federal government, including DOD and/or FEMA i.e.,
Federal Disaster Assistance Employee program, the State, and the local
organization as determined prior to implementation of this agreement.
B. Skill and experience levels shall be established for each Task Force member upon
inclusion into the national system and appropriate compensation determined
based on VI. A., above.
C. Task Force members shall be reimbursed for travel and per diem costs in
accordance with Federal travel regulations, unless otherwise authorized.
D. Members shall be reimbursed for reasonable personal costs of operations and
maintenance incurred in conjunction with disaster operations.
E. Any reasonable expense incurred by an organization in filling a Task Force
member's position while the Task Force member has been activated will be paid
for by FEMA. FEMA will not pay personnel costs above the normal and usual
rate for that position. It is expressly agreed and understood by FEMA, the State,
and the local jurisdiction that such personnel reasonably include overtime
compensation if the local jurisdiction is required to pay such compensation costs
in filling positions deemed critical for public safety and well-being.
F. Task Force organizational materials, equipment, and supplies consumed in
providing requested assistance shall be reimbursed on a replacement basis.
Replacement and/or rehabilitation requests shall be submitted to DOD before
demobilization.
G. Rehabilitation or replacement costs of operational equipment will be reimbursed
if the piece of equipment was used at a disaster site or on disaster exercises, as
authorized by FEMA. While FEMA will consider on a case -by -case basis the
replacement of lost or stolen equipment, where that equipment was not lost or
stolen as a result of negligence on the part of the Task Force or its personnel,
FEMA will replace that equipment.
H. No Task Force or any Task Force member shall be reimbursed for costs incurred
by activations outside the scope of this agreement.
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2004-340
VIL REPORTING REQUIREMENTS
A. The sponsoring agency will submit quarterly financial and activity reports to the
State, to be forwarded to the FEMA Regional office then to FEMA Headquarters,
in accordance with Comprehensive Cooperative Agreement Article VI., Reports,
included as Attachment B.
B. The sponsoring agency will submit, in writing, to the State, to be forwarded to the
FEMA Regional office then to FEMA headquarters, all personnel changes as they
relate to the composition of the Task Force. This includes information of
personnel training and qualification upgrades. The relevant portion of the
qualifications list will be submitted as new members are admitted to positions on
the Task Force.
C. A copy of the PHS MOA will be submitted to FEMA, SL-CD-PR-OP, Attn:
US&R.
D. Verification of Task Force member credentials as they relate to the criteria
outlined in the Description Manual will be submitted on an annual basis and at
other times as requested by FEMA.
E. A new qualifications list will be submitted at least three months, but no earlier
than six months, prior to the end of this agreement in order to determine if the
MOA shall be renewed.
VIII. CONDITIONS, AMENDMENTS AND TERMINATION
A. This Memorandum may be modified or amended only with written agreement of
all parties, and all amendments will be attached to this agreement. The
memorandum may be terminated by any party upon 30 days written notice.
IX. LIABILITY
A. Once a Task Force is activated under terms of this Memorandum of Agreement,
the Non -Liability clause as stated in P.L. 92-288, as amended, Section 305, will
be in effect: "The Federal Government shall not be liable for any claim based
upon the exercise or performance of or the failure to exercise or perform a
discretionary function or duty on the part of a Federal agency or an employee of
the Federal Government in carrying out the provisions of this Act." US&R Task
Force Team Members are considered employees of the Federal Government.
B. FEMA shall be responsible for funding a Workers Compensation Insurance policy
to cover injury to Task Force Team members at a level equal to or greater than the
liability and benefits provided to any task force member by their agency or
employer.
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C. FEMA shall be responsible for funding a Long Term Disability Insurance Policy
to cover long term disability to Task Force Team members at a level equal to or
greater than the liability and benefits provided to any task force member by their
agency or employer.
Dave Carlson, Fire Chief
City of Riverside Fire Department
Sponsoring Agency
Laiw4y R. Pitr, FirelChiet"
City of San Bernardino Fire
Participating Agency
0500 Memorandum of Agreement— USAR
(1-z-4-
Date
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