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HomeMy Public PortalAbout029-2017 - Fire - Miami Valley Fire & EMS - Fema agreement,t w MEMORANDUM OF UNDERSTANDING An understandin�ats beoyeR%h o Indiana ' by and between the Miami Valley Fire/EMS Alliance and the y (Employer/Participating Organization) I. Purpose To delineate responsibilities and procedures for Urban Search and Rescue (US&R) under the authority of the Robert T. Stafford Disaster Relief and Emergency Act, Public law 93-288, as amended, 42 U.S.C. 5121, et seq. and relevant State authorities; to outline a basis for cooperation among parties participating in the US&R program of Ohio Task Force 1; and to establish fundamental understandings between a member's Participating Organization and Ohio Task Force 1. II. Scope The provisions of these understandings apply only to US&R Task Force activities performed at the request of the Federal government or State of Ohio, 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 in this document. 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 or staging area in anticipation of an emergency event. 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 Point of Departure within four hours of activation notice. B. Alert — the process of FEMA or the State of Ohio informing the Task Force that an event has occurred and that the Task Force might be activated at some point within a 12-hour timeframe. . C. Department of Defense (DoD) — to include military and civilian components. DoD is a primary agency for coordinating search and rescue (S&R) efforts under Emergency Support Function (ESF) #9, S&R, under the National Response Framework D. National Response Coordination Center (NRCC) — a control center located within FEMA headquarters in Washington, D.C. to provide interagency coordination of assistance to emergency or disaster areas. E. FEMA — the Federal Emergency Management Agency R Incident Commander — the individual in charge of coordinating response activities within the disaster area; 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. G. Member s — individual Task Force personnel originating from Participating Organizations. H. Operational Equipment — that equipment which is required by FEMA for Task Force operations, .as specified in the FEMA National US&R Response System's Cache List. I. Participating. Organization —a public or private sector entity or individual that provides personnel and/or other resources to support the Task Force. J. Personal Protective Equipment (PPE) — Items worn or carried by a Task Force member to prevent physical harm. This includes, but is not limited to: rescue helmet, NFPA-rated leather work.boots, leather gloves, 100% cotton or Nomex battle dress uniform (BDUs), eye protection, hearing protection, helmet -mounted light, and hand carried flashlight. K. Personal Equipment— that equipment which is brought by the Task Force member for personal support requirements of a minimum of a 72-hour self-sufficiency period. This equipment is not included on the FEMA National US&R System's Cache List, but is taken by the Task Force member to sustain his/her personal needs. 29 September2014 Version Contract No. 29-2017 ., L. Sponsorine Agency — The Miami Valley Fire/EMS Alliance, which provides administrative and j other resources to support and over see the Task Force. i M. Ohio EMA — The State of Ohio Emergency Management Agency N. Task Force — Ohio Task Force 1, an integrated collection of personnel and equipment meeting standardized capability criteria for addressing the special needs ofUS&R in Ohio under the direction of the Ohio EMA and nationally under the direction of FEMA. 0.. Urban Search and Rescue (US&R) — special tactics, personnel, and equipment suited to the unique i lifesaving problems presented in structural collapse situations. . IV. Responsibilities f A. Ohio EMA is responsible for: I 1. Maintaining 24-hour alert capabilities, -including a point -of -contact or duty officer available at all times. i i 2. Implementing FEMA's alert and activation procedure of the Task Force when requested by FEMA. 3. Reimbursing the Sponsoring Agency for direct costs incurred as a result of a state -requested Task Force response. This is to include items specified in Appendix B — "Memorandum of Understanding between Miami Valley Fire/EMS Alliance and Urban Search and Rescue Task Force (OH-TFl) and the State of Ohio MOA. B. FEMA is responsible for: 1. Oversight and management of the National Urban Search and Rescue Response System. 2. Coordination of System assets. . 3. Assessing disaster in relation to need for US&R Task Forces. 4. Initiating the National US&R System's notification process to include verbal and written Alert and Activation orders 5. Reimbursing costs incurred as a result of a Federal -requested Task Force response. This is to include items specified in Appendix B —'Memorandum. of Understanding between Miami Valley Fire/EMS Alliance and Urban Search and Rescue Task Force (OH-TF1) and the MOA between FEMA, Sponsoring Agency, and State of Ohio. C. DoD is responsible for: 1. Deploying US&R Task Forces from designated point of departure and moving Task Forces to and from 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 US&R Task Force operations. D. The Sponsoring Agency is responsible for: 1 i 1. _-Recruiting and organizing the Task Force, according .to guidelines prescribed in the FEMA - US&R System's Operational Manual and funding contracts. 2.. Providing other resources as appropriate or as assigned by the Task Force with the concurrence of the Participating Organization. i .3. Reimbursing the Participating Organizations for direct costs incurred as a result of a state or federal requested Task Force response. This.is to include items: specified in.Appendix B — `Memorandum of Understanding between Miami ValleyFire/EMS Alliance and Urban Search and Rescue Task Force (OH-TF1). 4... Developing; practicing; and implementing an internal call -out system.for personnel assigned to the Task Force. 5. Providing appropriate.documentation of expenses..incurred during Task Force activation or < other emergency related activity to either Ohio EMA or FEMA in order to facilitate the Participating Organization's cost recovery activities. Version 3 29 September2014 .! V. Understandings A. Ohio Task Force One Understands that: - 1. Task Force members are first employees or members of their Participating Organization and the Task Force cannot impact the employer/employee relationship without employer (Participating Organization) approval. 2. The operations and administration of the Participating Organization takes precedence over: Task Force issues. 3. Emergencies or other critical circumstances may prohibit the involvement of a member in a Task Force activation or attendance at training activities, planning sessions, or other Task Force activities. B. The Participating Organization understands that: 1. ' It will make efforts to allow for and facilitate member participation in training and drills to meet Task Force requirements and to increase the member's safety and competence. 2. The Task Force is a response entity and expectations are that members will be allowed to respond as requested. 3. Members must be covered under Worker's Compensation or other health care insurance when a member is participating in non-deployment/non-FEMA sanctioned activities. This includes training, exercises, and work details. 4. Safety and personal protection are a Task Force priority and all attempts and provisions should be made to outfit the member in Task Force approved Personal Protective Equipment - (PPE.) Note: As previously stated, the Task Force cannot demand a Participating Organization provide PPE, however, the Task Force does retain the right to deny a member's participation if his/her safety and well-being are in question. 5. Successful Task Force development and operations requires the assistance and participation of all members. Members may be called upon to perform or assist in completing administrative, . planning, or preparedness tasks, which may require limited on -duty time requirements when such duties or projects do not interfere with other important work -related tasks. 6. Consistent communications must be maintained between the member, Participating Organization, Task Force, and the Sponsoring Agency. To accomplish this, the Participating Organization should appoint a person to act as liaison and attend important meetings and functions in order to be current in Task Force issues and developments. 7. If a member is no longer available, the Participating Organization shall notify the Task Force in a timely fashion and return any Task Force issued property in the Participating Organization's or their employee's possession upon separation. VI. Liabilities A. Disclaimer The following information is offered in good faith to outline liability issues as currently understood by Ohio Task Force 1. Much of this, material was gained from a presentation by FEMA counsel at the Task Force Leaders meeting at Mount Weather Emergency Assistance Center the week of September 15, 1997. All Participating Organizations are encouraged to seek further understanding relating to these issues and NOT rely on this document as their sole source of information. The FEMA US&R Legal issues Subgroup is actively investigating and resolving these issues under the guidance of the FEMA US&R System's Strategic Group. B. Scope The following information relates only to Federal activation of FEMA US&R task forces and to .FEMA task forces operating during FEMA-sanctioned training and drills. Version 3 29 September 2014 C. Coverage of Federal Worker's Compensation 1. Activation Federal Worker's Compensation applies to those Task Force members who are listed on the 80-person deployment list or supporting Task Force activation or demobilization processes. Time of coverage starts at the time the team member signs in at the Task Force's point of assembly, but not before the time noted on the written, Federal Activation notice, and ends when the team member is release from the point of assembly. 2. Training/Drills Federal Worker's Compensation applies to those Task Force members who are specifically rostered and participating in a FEMA-sanctioned drill, training, exercise, meeting, or other FEMA Sponsored event. D. Coverage of Federal Tort Liabilities 1. Activation The Federal Tort Liabilities Act covers activated Task Force members while performing within their scope of work during a deployment. Members are subject to liability for firearm use, substance abuse, or preventable injury. Coverage extends only to members who deploy v4th complete paperwork in place including the Appointment Affidavit. 2. Training/Drills There is currently no Federal Tort liability coverage for members participating in a FEMA- sponsored or sanctioned drill, training, exercise, meeting, or members participating in OH- TF1 trainings, exercises, or meetings. VII. Deployment Reimbursement A Disclaimer The following information is provided in good faith as a basic outline of cost recovery for Task Force deployments. All cost recovery issues are subject to specific language in existing Memorandum of Agreement between FEMA or Ohio and the Sponsoring Agency. Information ,provided is gathered on current knowledge of the MOA and other FEMA publications. Currently there are fiscal issues being furtherrefined by the FEMA.US&R Response System. B. Scope The following information applies to individuals who actually deploy with the Task Force as part of the 80-member roster, support the mobilization or demobilization of the Task Force, support the rehabilitation of the Task Force's cache and fleet following a deployment, and to those individuals who specifically replace a deploying or supporting member. C. Responsibilities 1. Participating Organization a. Should maintain a current listing of Task Force members -and their compensation package on file with the Task Force. This information must be updated by the Participating Organization as needed. b._ Shall submit accurate and honest information. c. Must submit all required information to the Task Force after a mission in order to fully complete required paperwork d. The Task Force IS NOT responsible for failure to reimburse if a Participating .. I Organization fails to submit required information within a timely period. 2. Ohio Task Force One a. . Must maintain accurate and orderly files and records. b. Shall compile and format reimbursement information for submittal to FEMA. c. Shall maintain accurate records of member activities during Task Force deployments. d. Shall file, through the Sponsoring Agency, the necessary reimbursement paperwork. e. The Task Force IS NOT responsible for failure to reimburse if a Participating Organization fails to submit required information within a timely period. Version 3 29 September2014 r D. Coverage The current MOA between FEMA, State of Ohio, and the Sponsoring Agency as well as 44 CFR Part 208 and periodic FEMA Program Directives delineate the reimbursement process and the positions and activities that are reimbursable for personnel time. These documents can be made available to the Participating Organization upon request. VIM Conditions, Amendments and Terminations A. Conditions Ohio Task Force 1 and FEMA comply with the provisions of Executive Order 11246 of September 24, 1965, as amended, and with the rules, regulations, and relevant orders of the Secretary of Labor, to the end that FEMA will not discriminate against any employee or applicant for employment on the grounds of race, color, religion, age, gender, or national origin. In addition, use of Federal facilities, supplies, and services will be in compliance with regulations prohibiting duplication of benefits and guaranteeing non-discrimination. Distribution of supplies, processing of applications, provision of technical assistance and other relief and assistance activities shall be accomplished in an equitable and impartial manner, without discrimination on the grounds of race, color, religion, nationality, sex, age or economic status. B. Conditions Y: This Memorandum of Understanding (MOU) may be modified or amended only with the written _ agreement of all parties, and all amendments will be attached to this MOU. Either party, upon 30 days written notice to the other party, may terminate the MOU.. The parties hereby acknowledge the foregoing as the terms and conditions of their understanding: City of Richmond, Indiana Fire DeparhlXM VALLEYFIRE/EMS ALLIANCE Participating Organization Name See Below Authorized Representative Sponsoring Agency of 3 - Zo \-77 Date Date City of Richmond, Indiana, by and Vicki Robinson, President Date Richard Foore, Member Date Anthony L. Foster II, Member Date through its Board of Public Wor1Es and Safety DDavi . Snow Ma or Date Version 3 29 September2014 h MOU-ATTACEVIENT B PERSONNEL AFFIDAVIT I, Try+ v R. EtmwN Aw, CHiFrhave read and understand the preceding (Participating Organization Head) MOU, and acknowledge that the following individuals have offered to train and deploy with Ohio Task Force One subject to the provisions and understandings noted in the MOU. As the authorized representative of the individual's employer, I support their participation, and understand their deployment may cause some organizational disruption. I also understand that this relationship may be terminated as outlined in the MOU. EMPLOYEE NAME S.S. # ToNK M, a 31 y - py - �5'tbe Signed: ,1 .., Date: 03.0t, • ao1i Participating Organization Head Note: Additional names and SS#'s may be added on reverse of this page. Version 3 29 5eptember2014