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HomeMy Public PortalAbout2023 Urban Search and Rescue Florida Task Force II (USAR FLTF-2) Memorandum of AgreementDoeuSign Envelope ID: 4C43A9F 1-4020-4096-BF85-24A06660AADF Village Council foe L Pasco, Mayor Franldln H. Caplan, Vice Mayor Brett G. Moss Edward London Allison McCormick Oscar Sardiias Fernando A Vazquez Village Manager Steven C. Williamson amson 'VILLAGE OF K E .L ISCA Y N E MEMORANDUM DATE: Janua TO: lion �c yor and (c7Tiillimn bets FROM: S vcn C. Wil age Manager RE: Urban Search and Rescue Florida Task Force IT (USAR FLTF-2) Memorandum of Agreement RECOMMENDATION 1 recommend that the Village Council approve the resolution authorizing the Village to enter into a Memorandum of Agreement (MOA) with the City of Miami Fire Rescue Department as the host agency of the USAR FLTF-2. BACKGROUND The Village of Key Biscayne has been a participant ofthe FEMA USAR FLTF-2 since its inception in the 1990s as one of 34 participating agencies. This is a federally funded program with its participants trained to respond to the worse disasters that include building collapses, hurricanes, earthquakes and search and rescue efforts in some of the worst conditions. The team members selected to serve as part of this group receive training and experience that enhances their skills, knowledge and abilities to perform during emergencies. This type of expertise is extremely beneficial for the Key Biscayne's community. A current Memorandum of Understanding (MOA) is needed between the Village of Key Biscayne and the City of Miami. There are no costs associated with the MOA. Once members of a participating agency are selected to serve on the USAR team, any activations are reimbursable. There may be costs associated with training members to become eligible to participate in the program. The funding for these training costs are incorporated in the FY23 Fire Department operating budget. To date, the deployments that the Village of Key Biscayne has taken part in include responses to various hurricane rescue efforts, the 1996 Olympics, Haiti Earthquakes, building collapses in Puerto Rico, collapse ofthe twin towers on 9/11 and the Surfside building collapse. The experiences gained during these trainings and relationships developed help support the mission of keeping the Village community safe and secure. 88 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5511 • www.keybiscayne.fl.gov 'MISSION ST,\'1'1i1111NN1': "10 pfioVilii: A SAFE O(AI -I'I Y ( 0 1M1lN1'I'Y ENV' It0 II:N"f F0It AI 1 ISI ANlflkSTI112c)1:(i1I RI SP NSII'II It c;oVP.RNMEN-r." DoouSign Envetope ID: 4C:43A9F1-4U2U-4098-BF85-24AUb6GUAAUF RESOLUTION NO. 2023-02 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF MIAMI FIRE RESCUE DEPARTMENT, AS THE SPONSORING AGENCY OF THE SOUTH FLORIDA TASK FORCE 2 OF THE NATIONAL URBAN SEARCH AND RESCUE (USAR) RESPONSE SYSTEM, AND THE VILLAGE AS A PARTICIPATING AGENCY OF THE TASK FORCE; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami Fire Rescue Department, as the sponsoring agency, is responsible for recruiting, training, equipment procurement and organizing members of the South Florida Task Force 2 of the National Urban Search and Rescue (USAR) Response System (the "Task Force"); and WHEREAS, the Task Force is designed to respond to a variety of disasters, such as hurricanes, floods, and hazardous material releases where victims may be trapped, lost or injured: and WHEREAS, the Village of Key Biscayne (the "Village") Fire Department has been a participating agency of this Task Force; and WHEREAS, the Village Council desires to enter into the updated and new Memorandum of Agreement attached as Exhibit "A" to this Resolution (the "Agreement"); and WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Docusign Envelope ID: 4C43A9F 1-4U2U-4098-BF85-24AU666UAAOF Section 1. Recitals Adopted. Each of the above stated recitals are hereby adopted, confirmed and incorporated herein. Section 2. Agreement Approved. The Village Council hereby approves the Agreement in substantially the form attached hereto as Exhibit "A." Section 3. Village Manager Authorized. The Village Manager is hereby authorized to execute the Agreement, in substantially the form attached hereto as Exhibit "A," subject to the Village Attorney's approval as to legal form and sufficiency. Section 4. Effective Date. This Resolution shall be effective immediately upon adoption. ATTEST: JOO'LYN B`,KOCII VILLAGE CLERK PASSED and ADOPTED this 17th_ day of January Y")c) -1 SCO. MAYOR It APPROVED AS TO FORM AND LEGAL SUFFICIENCY: WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY 2023. DocuSign Envelope ID: 4C43A9F 1-4020-4098-BF85-24A06660AA0F Exhibit B MEMORANDUM OF AGREEMENT BETWEEN CITY OF MIAMI FIRE RESCUE AS THE SPONSORING AGENCY OF THE FLORIDA TASK FORCE 2 OF THE NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM AND Key Biscayne Fire Rescue AS PARTICIPATING AGENCY OF THE TASK FORCE This "Agreement" is entered into on the 17th day of January , 20 23 , by and between the parties designated in Section 1, below, who agree that subject to all of the provisions of this Agreement, ( Key Biscayne Fire Rescue 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: 1.1 City of Miami Fire Rescue ("Sponsoring AikerK : 1151 NW 7 Street 3`d Floor, Miami, Florida 33136 (305) 416-5471 1.2 ( Key Biscayne Fire Rescue ) ("participating Agency -1 Name: ( Eric Lang ) Address: ( 560 Crandon Blvd.; Key Biscayne, FL 33149 ) Telephone number: ( 305-365-8989 ) DocuSgn Envelope ID: 4C:43A9F 1-4U20-4098-BF85-24A06660AAUF Exhibit A FL-TF2 Current & Anticipated Participating Agencies Boca Raton Fire Rescue Boynton Beach Fire Rescue Broward Fire Academy Broward Sheriff's Fire Rescue Coconut Creek Fire Rescue Cooper City Fire Rescue , Coral Gables Fire Rescue Coral Springs Fire Rescue Davie Fire Rescue Deerfield Beach Fire Rescue Delray Beach Fire Rescue Fort Lauderdale Fire Rescue Hallandale Beach Fire Rescue Hialeah Fire Rescue Hollywood Fire Rescue Hospital, UM/Mercy/JMH Lakeland Fire Rescue Lauderdale Lakes Fire Rescue Margate Fire Rescue Miami Beach Fire Rescue Miramar Fire Rescue Monroe County Fire Rescue North Naples Fire Rescue Oakland Park Fire Rescue Palm Beach County Fire Rescue Palm Beach Gardens Fire Rescue Pasco Sheriff's Office Pembroke Pines Fire Rescue Pompano Beach Fire Rescue Sunrise Fire Rescue Tamarac Fire Rescue Tampa Fire Rescue Village of Key Biscayne Fire Rescue West Palm Beach Fire Rescue DocuSign Envelope ID: 4C43A9F1-4020-4098-BF85-24A06660AA0F (INtp of fThamt AMUR NOR#EGA oy Manager October 18, 2021 Fire Chiefs State of Florida Department of Fire Rescue Re,' AMA- Urban Search and Rescue Florida Task Force H (USAR FLTF-2) Memorandum ofAgreementjustification for reading 202! Dear Fire Chiefs: As we continue our partnership with your Fire Department, we are currently sending out a new Memorandum of Agreement (MOA). This MOA lasts several years which is in accordance with the FEMA Program Office mandate. For audit purposes and to be within the guidelines of FEMA we must have a continuous MOA on file with your department. The 2011 date as shown on the MOA is continuous from the previous MOA on file according to FEMA and City of Miami Commission. Please have your Agency Representatives review the completed packet. Then fill out and sign "Exhibit B", pages I, 16 and 55. Once you have done this, please send it back to us for final approval and signature. Once the MOA is signed and approved, it will be sent to your Agency for your records. Thank you for your understanding of this matter. Please let me know if you need any additional information to facilitate your consideration of this request. i•puctfully, til Erik Sanchez, Fire Captain City of Miami Fire Rescue US&R Program Manager Florida Task Force II U. S. Department of Homeland Security P: (305)416-5472 email: usarpmlmiamigov.com SKD/ARF/JFZ Enclosures c: MOA letterhead from program manager DEPARTMENT OF FIRFAESCIEJAtiminiatration 444 SW Second Avenue / Miami, FL 33130 / (305) 416-5402 / Maling Address: PO Box 330708 Miami. FL 33233-0708 DocuSign Envelope ID: 4C43A9F1-4U2U-4098-BF85-24AU6€iSUAAOF 2. RECITALS Sponsoring Agency and Participating Agency have entered into this Agreement in recognition of the following Recitals: 2.1 Sponsoring Agency is a cooperative party under a "Memorandum of Agreement" dated 09-1 1-2008 with the Federal Emergency Management Agency ("FEMA") and the Statc of Florida. A copy of the Memorandum of Agreement (the "FEMA MOA") is attached to this Agreement as Appendix "A" and incorporated by reference. 2.2 National urban Search & Rescue Response System. Pursuant to federal law, principally the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§5121 through 5206 (the "Stafford Act"), the U.S. Department of Homeland Security ("DNS"), acting through FEMA, operates the National Urban Search & Rescue Response System ("System") in conjunction with State and local governments. 2.3 Task Forces. Each sponsoring agency 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 single unit or it may be reorganized into teams for purposes of modularized responses for limited or specialized Activations. Members of a Task Force may also be deployed as members of a management or other technical team. 2.4 Florida Task Force 2. The City of Miami Fire Rescue is the sponsoring agency for Florida Task 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 local government entities, or non-profit or for-profit entities, to serve as participating agencies in the Task Force and with individuals to serve as Affiliated Personnel of the Task Force. The Sponsoring Agency is obligated to enter into written agreements with those participating agencies and Affiliated Personnel settling forth the relationship between the parties. 2.5 Participating Agcy. Participating Agency desires to be a participating agency in the Task Force, subject to all of the provisions of this Agreement. Page 2 of 16 R05252021 DocuSign Envelope ID; 4C43A9F1-4U2U-4U98-BF85-24AU666UAAUF 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," as well as the provisions of the FEMA MOA, attached as Appendix "A." To the extent the Interim Final Rule is contrary to the FEMA MOA the Interim Final 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 "H" 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 ANI) CONDITIONS 3.1 Participating Agency. 3.1.1 Participating Agency agrees to provide personnel to serve certain designated positions on the Task 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 lFilial Party Liability and W'orker's Compensation. 3.2.1 Participating Agency and its Participants shall be afforded such coverage for third party liability and worker's compensation as is afforded all Task Forces. and thcir System Members under Federal law, the scope of which is generally described in Appendices "A" and "B." 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 Participating Page 3 of 16 R05252021 uocuSign Envelope ID: 4C43A9F1-4020-4098-BF85-24A06660AA0F 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 3.3.1.1 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. 3.3.1.2 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 such 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 3.3.2.1 Sponsoring Agency shall promptly reimburse tarticipating 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 of FEMA to Sponsoring Agency. 3,3.2.2 After an Activation, Participating Agency shall provide Sponsoring Agency with a complete cost reimbursement package to be submitted by Sponsoring Agency as part of an overall claim package which Sponsoring Agency is obliged to submit to FEMA. The Participating Agency's final Page 4 of 16 105252021 Docusign Envelope ID: 4C43A9F1-4U2U-4U9B-BF85-24AU#366UAAUF cost reimbursement package shall be submitted to the Sponsoring Agency no later than 30 days 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 Sponsoring 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 reimbursement package. Cost reimbursement packages containing significant errors or that do not comply with applicable federal directives will be rejected at the Sponsoring Agency's sole discretion. 3,3,2.3 Participating Agency shall provide Sponsoring Agency with employee 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 Fl.; CF2.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 Appendix "B", from the time of activation and until the Task Force returns, is deactivated and Participants are returned to regular work schedules. 3.3.2.5 All financial commitments of Sponsoring Agency are subject to the availability and receipt of funds by Sponsoring Agency from FEMA and other sources. 3.3.2.6 Neither Participating Agency nor any Participant shall be reimbursed for costs incurred outside the scope of this Agreement. 3.3.2.7 Participating Agency is responsible for and will verify the accuracy of all cost information included in its cost reimbursement package. In the event FEMA audits Participating Agency's cost reimbursement package Page 5 of 16 R05252021 DocuSign Envelope ID: 4C43A9F1-4U20-4098-8f-85-24A06660AAUF and determines that certain costs are ineligible for reimbursement, the Participating Agency will promptly return to the Sponsoring Agency any amounts received in connection with such ineligible costs within 30 days of written notice from the Sponsoring Agency. 3.4 Reporting and Record Keeping 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 members. 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 Rcc uircments for Participation. Each Participant must satisfy all of the following for participation on the Task Force. 3.5.1 Each Participant shall be an employee in good standing of the 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 Participants serving in a Task Force position that requires the individual to hold a license, registration, certificate or other similar authorization to lawfully engage in an activity must hold the appropriate authorization, which must be 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 medical/fitness standards mutually agreed upon by Sponsoring Agency and Participating Agency and not have any medical condition or disability that will prevent performance of the duties of the Task Force position he/she occupies. Page 6 of 16 R05252021 DocuSign Envelope ID: 4C43ASF1-4010-4098-BF85-24A06660AAOF 3.5.5 Each Participant must be available on short notice and be able to respond on a mission for up to 14 days. 3.5.6 Each Participant must he capable of improvising and functioning 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 of Critical Incident Stress Syndrome. 3.5.9 Each Participant must understand and adhere to safe working 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 Force's organizational structure, operating procedures, safety practices, terminology and communication protocols. 3.5.11 Each Participant must have completed such courses of education and training and other requirements as the Sponsoring Agency shall specify. 3.5.12 Sponsoring Agency has the authority the immediately suspend or terminate a Participant's participation on the Task Force for failure to satisfy any requirement. 3.6 (Toiling and Equipment. 3.6.1 Sponsoring Agency will issue to each Participant certain items of personal protective clothing 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 and 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 Force for the cost of 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 1105252021 DocuSign Envelope IL): 4G43A9F1-4020-4098-BF85-24A06b60AA0;- 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 finding of FEMA, such as, for 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 hisfher 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 purposes, 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 rules 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 in 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. Page 8 of 16 R05252021 DocuSign Envelope ID: 4C43A9F1-4U2U-4098-BF85-24AU666UAAOF 3.8 Media <utid In [Urination Policy. 3.8.1 Subject to applicable law, including FEMA regulations and 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 1EIv1A. 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 activities of 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 of a Participant to abide by the rules 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 Participants shall cooperate with Sponsoring Agency and shall participate in the activities as necessary to achieve Task Force preparedness goals and objectives. 3.10.2 Participating Agency cooperation may he required for specific training activities to be conducted, respectively, by Sponsoring Agency and by Participating Agency, including training, administration 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 805252021 DocuSign Envelope ID: 4C43A9F1-4020-4098-BF85-24AO666OAAUF Agency. Participants shall use Task Force cache equipment and supplies only for authorized purposes and shall exercise reasonable care to protect and preserve the property against loss or damage. The Participating Agency shall be financially accountable for any Task Force property that is lost or damaged due to negligence or unauthorized use by the Participating Agency. 3.1 1 Notification Procedures and Other Communications. 3.1 1.1 Alerts and Activation, 3.11.1.1 Sponsoring Agency's commander/chief executive officer or his/her designee shall determine 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 deployments of the Task Force. The Point 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 Activation. 3.1 1.1.4 Participating Agency shall at all times 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 DocuSign Envelope ID: 4C43A9F1-4O2U-4098-BF85-24AU66fiaAAUF 3.11.2 Mobilization. 3.11.2.1 All requisitioned Participants will respond to the designated assembly 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. 3.1 1.2.3 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 C1SS activities are not eligible for reimbursement. 4. GENERAL PROVISIONS 4,1 Term. 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 attic Agreement. Upon its execution, the Agreement consists of this Agreement, along with the following Appendices and other attachments, if any: Page 11 of 16 R05252021 DocuSign Envelope ID: 4C43A9F1-4020-4098-EBF85-24A0666UAA01- 4.3.1 Appendix "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 February 24, 2005 in the Federal Register as the 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 Agency 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 Agreement are non -delegable and may not be assigned to or assumed by any other person without the prior written consent of Sponsoring Agency. 4.5.2 Except and to the extent federal law controls, this Agreement shall be construed and enforced, as between the parties, according to the laws of the State of Florida. 4.5.3 No party shall engage in any conduct or activity in the performance of this Agreement or participation in the System that constitutes a conflict of interest under applicable federal, state 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 respect to emergency notifications, if it is necessary for the purpose of this Agreement for one of the narned parties to give notice to the other named party, notice shall be in writing with the expenses of Page 12 of 16 R05252021 DocuSign Envelope ID: 4C:43A9F1-4020-4098-BF85-24A06660AAOF delivery or mailing fully prepaid and shall be delivered by personal service or a form of public or private mail service requiring proofofdelivery. Notice is effective upon personal delivery, or by mail service, on the date of either actual receipt or five days after posting, whichever is first. Unless changed in writing in accordance with this Section, notice shall be served on the party at the address shown in Sections 1.1 and 1.2 of this Agreement. 4.5.6 Titles and section headings arc for convenience only and are not a part of the parties' Agreement. 4.5.7 Should any provision of this Agreement be determined to be invalid or unenforceable under applicable 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 America nor the State of Florida is a party to this Agreement. 4.5.1 1 Each person executing this Agreement represents that: he/she was and is lawfully authorized to sign the Agreement on behalf of the party he/she represents; 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 Agreement is 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 party 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 Page 13 of 16 R05252021 DocuSign Envelope ID: 4C43A9F1-4020-4098-BF85-24A0666UAAUF advice and other expert counsel as the party deemed necessary and advisable for these purposes; and. That in agreeing to execute and become a signatory to this Agreement the party has deemed itself adequately informed and advised as to all of the risks assumed and obligations undertaken pursuant to this Agreement. 4.5.13 This Agreement, including the Appendices and attachments, if any, constitutes the entire agreement between the parties and it supersedes any prior agreements on this matter. 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 System as of the date of this Agreement. 4.5.15 ('ounteiparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. SIGNATURE PAGE FOLLOWS Page 14 of 16 R05252021 DocuSign Envelope ID:4C43A9F1-4020-4098-BF85-24A06660AAOF ATTEST: Sponsoring Agency CITY OF MIAMI, a Florida municipal corporation By: -_ By: Todd B. Hannon, City Clerk Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE AND CORRECTNESS: REQUIREMENTS: By: By: Victoria Mendez, City Attorney Ann -Marie Sharpe, Director Department of Risk Management Page 15 of 16 R05252021 DocuSign Envelope ID: 4C43A9F1-4020-4098-BF85-24A06660AA0F ATTEST: �—DocuSigned by: 86876E7FDD91447.. Name: Jocelyn Koch, Village Clerk Name: Participating Agency DocuSigned by: Sfuitun, C (gLic SOtn, By: '`.—f F9r:EP5gZDAAA7H Title: Steven C Williamson, Village Manager PPROVED AS TO FORM AND ORRECTNESS: /^DocuSigned by. ate" -7•14414,Glriad Friedman F94F15ECEE184CF... Participating Agency Attorney Page 16 of 16 R05252021 DocuSlgn Envelope ID: 4(543A9F1-4020-4098-BF85-24AU666UAA0F APPENDIX A City of Miami Pilaster Report linsol11llon R-08-UIIU,I F1In 10 #: IIH-Ot1)flfl VnrsI1 : I Colltralthig CllyCnlnu:IA'slnn Body: City Iftdl I.SII(I Pntl A n lci loon 1)vl vr. Mflond, FL:13I3:1 InTo,,n1lnrt11nov, aunt Eriactlnu1LC Dale: 9/1 1/1)11 Slatun lvinyoeu 0Clicr. Iln' SIgalluauu Tltlo; A RESOLUTION OF THIS MIAMI CITY COMMISSION, Wr'PI•I A' rTACI•IMENT(S),, U'I'HORILINO TILE CITY NIANAOLIt TO NEOCTIATR AND TO EXECUTE, SUIDEcr TO APPROVAL OF LIMA TORN! AND CORRecTN135S p•Y TtU! CITY ATTORNEY, A M13MOII,ANDUNI OF AORI3P•MENT ("MOO) OL+TW1itiN Ilia UNITI!D S'T'ATES DQPAIt'rMIL'NT OF I.IONIt?LANO SECUItf•I'Y, ACTING ThIItOUC1I TIiP. FEDERAL L'NIEI1 LSNCY MANAGEMENT ACIENCY, THE STATE OF FLORIDA, AND TI IL CITY OP MIAMI DEPARTMENT OP FIRS -RESCUE, THE SPONSORING AGENCY OF FLORIDA TASK Poltcd 2; AUTt•IDRf2INC THE CITY MANAGER TO N✓ 00 'IATI: AND TO EXL'CUTL+ ANY PUTUIW ANIGNDMRNTS TO THE MOA, SUOWBCTTO TI-,➢ APPROVAL 0FLEOAL PORN AND CORILECTNUSS BY TILL CITY ATTORNEY, AND 11UDGL''CARY APPROVAL AT THE TIME OF NEED, noforoncc: Neale: NewMoA-"USAR" Requester: Deporeeel!dol' PI1a-Roccl�c Notes; Omit: Introduced: H/1H/UH Final Action: 9(1 Ilse Saatluna: Indexes: AltgohlnGn(vr UII-l>(14I311 l.agIYINIlU141N1f OH -909E0 B lofbi,pdf, UB-QIf'Jflf3 $nrnnlluy PS11'01,11411; 0H-009110 Loflcl',Fdf Action History Vnr, fluting Batty Unto At:tfan Surit Tu baru Data Dcturr nd Rowl ONiuu rol'Uta City 9/2/IIII Reviewer: mid Allco'I1ay Alslrteven CIIy CoIIiIIlla'tInc 9/11/1111 ADOP'r'c1) A naoIJou woo Inurlu by Angel Quagga; encoded by Moro DO vld Sernnl'1', (ha lhlu 1ltnllur lau /1U0l'•I•i lL. Thu li l ilun unn1ad by II10 Ibiluw.ilet vole; Apt; 5 - Ansel Ct1IIZIiiez, tl'Inlo: Dovld Stnnal'I, tun Suneher,'I'unica Itcl;niutfc mul Nllnitullu Spalocu ,IuIW I C:y' uI l ltruel 1.) 1*0 I'rfir wlufl'Ill :!flea DocuSign Envelope ID: 4C43A9F1-4020-4098-BF85-24A06660AAOF APPENDIX A City of Mi"lami Legislation Resolution My I -loll ,i6(lrl No Arnurluen Drive Mlurnl, r°L 3113: ww W a 1i au a lg t, v. c OIu Tile Newham 11.11 -MO (noel Attlee nerd: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH i ATI AGI•iMI--.NT(S), AUTHORIZING Ti IE CITY MANAGER TO NEGOTIATE. AND TO EXECUTE, SUBJECT '1'0 APP OVAL OF LEGAL FORM AND CDRREC:TNESS BY TT IE CITY ATTORNEY, A MEMORANDUM OF AGREEMENT ("MOA") BETWEEN THE UNITED STATES DEPARTMENT OF HOMELAND SECUIUFY, ACTING THROUGH THE FEDERAL EMERGENCY MANAGEMEN 1 AGENCY, THE STATE OF I"LORIDA, AND THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE, THE SPONSORING AGENCY OF FLORIDA TASK FORCE 2; AUTI IORI7ING THE CITY MANAGER T() NEGOTIATE ANL) TO EXECUTE ANY FUTURE AMENDMENTS f0 THE MOA, SUBJECT TO THE APPROVAL OF LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY, AND BUDGETARY APPROVAL AT THE TIME OF NEED. WI•IEREAS, the Sauter Florida Urban Search and Fescue ("USAR") Task Force, Flolidaa Task Farce 2 ("FL Ti: 2") Is funded annually by the Federal Emergency Management Agency ("FEMA") for the operation of Ito program; and WHEREAS. since 1980, 'the City of MIamI•("City°) Department of Fire -Rescue has•successfully 'sponsored the existing South Florida USAR Task Force, FL TF 2 with said funding; and WHEREAS, pitmen' to Resolution No. 01-404, adopted May 24, 2001, and Resolution No. OB- 0211, redept+'rl Aprtt 14, 200x, the laity Manager entered into at Memorandum of AlirtflInnrlt ("MOA") with participating agencies aolting forth the ogenctos" tospunsiblittles In cermet:bur r with the development rand support of n local USAR rank Force coordinated by rho Cliy's Deportment of EElro-Iioscun with oil coots to lea reimbursed by stale and fudoral funding oureos; and VWI IERI AS, F ?MA anti ilia Ft. 'I 1- 'L have bean operating under the same MOA since .19g0, and . several opernlianal, logo! and regulatory changos hove boon tnatio siring titan, and FEMA Is requiring nil lts sponsoring ngunduaa, iaraallolporiing ngonclos and cwlcri 1 strotogic indivldouitr to update Weir ograonrtantn with a now standard MUA that Wan dovelopod, subject to non to elate statutory cilrrurc:,tce`} far paartIciprtling tagent:los ill Ina %/Mi ii s Maine; and WIi1 Iif AS, sepurnto future legislation will be prusuntod to the City COtiafraiu:tton to ulltlanlln the upciutuci lint of pnrtic:ipatlii9 turonelne and strntugic ITtrtivdcivats Bauch an doctors and fornnslc ctngl(Wats Ill a:t 1tewiy fonnottutd Memorandum oranctum ul Understanding with ihoeu nuncios and Individuate; and • WHEREAS, lite attached MOA Is n000saa::ary to continuo without interrupting the op€rntion a ilia South Florida USAR Task Forgo I'Ixtgra4TI; NOW, THEREFORE, 13E IT RESOLVED 13Y 'THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: DocuSlgn Envelope ID: 4C43A9F1-4020-4098-BF85-24AU6660AAUF APPENDIX A 1%1 NUMhor: U11-e000O Section 1. The Tocitals and findings cnnlFlinod III Cho Praanible to this ResodLitton are adoptocl by roforence and incorporated as If fully set forth hi this Section. rd„ r:tlor:2. The City Mai tagnrIs aullierixed(1) to nerloll.lir: and to uxur:ute rI MOA, ::uhjncl to approval of tennl form alai corrnclnnas by tiro City Altorri y, between the United Stator, tlapartmont of l lumntand Security, acting thrnugh r EMA, the State of Florida, and (he (.Sty': f}lat,rlriniortt of Fire -Rescue, the Sponsoring A©oncy of F;. TP 2. Section. 3. The. City Manager Is nuthortmd(1) la negotiate and to execute any €uturo amendments to the MOA, subject to the approval of legal from and correctness by the City Attorney, and budgetary approval at the lime of need.. Suction 4. 1'hls Resoiutlon shall becomr3 effective immodiatoty upon its adoption and stgnaturo of the Mayor.[2) APPROVED AS TO FARM AND CORRECTNESS; JULIE 0. 8Rt1 CITY ATTORNEY Von tn,utu ('11'ftip,tle..Lrr1ffI.aythorizetloi.t I.y.t t kiier,sy Ject,IQcompliance with .01 r'oyulr+emonts that may be IiriFintioct by Ulu City Attorney, including but not Ilmttod to those prescriborl by applicable City Charter and Code provisions. (2) Irttan Mayor ctous not slfjn this; I tesolutlon, II shall bua:unte ertective at the end of tan calendar clays from lhrs delis it wars linseed mitt aclopiod, if lho Mayor volur s title Resolution, If shalt oocorse afror:Itvu Irnralettllrialy upon ovenidri of !lie veto by am City Coialnsl:sslcan. DocuSigri Envelope ID: 4C43A9F1-4020-4098-BF85-24Ao6660AAOF APPENDIX A MEMO RAi :01.1 Vf Of" AGRC1Itall NT IVOR f''rh.It':t"tCIPATJO111 tli+I NATIONAL YU1t11314,11 SEARCH & RESCUE RES1'01'0.1.11;s'ft l" '1i`,6 [ lvIemourndu n 'of Agreement between the I.I.S. Department et -Homeland Security, tiding through this Federal Emergency Manaq;cacntud Apcuny, tlu: State of III elide, turd Ihu City et" Miami Fire Rcscur., the: Spcaltaurpng Agency or Florida 'i'arnlc'frarraa'L, regarding- p larli'siputiuc4 is the National Urban Search & %MGM) f.Onpcnao System, T. PARTIES The parties le this Agreement arc; the Del tIrtwent of NOI 1oluncl Security, acting tlnnuph the Federal Emergency Management Agency, the State: of Florida, and tho City of Miami Vire Rescue, the Sponsoring Agency oFFloricla Task Force 2, IL ACNE ORITY This Agreement is authorized under the Homeland Security Act as amended (6 U.S,C. §§ 101 ct mi.); the Robert T. Stafford Disaster Relief sand Emergency Assistance Act, as amended (42 U.S.C. §§ 5121-5206); and the National Urban Senrch & Rescue Response System Interim Final Rule, 70 Fed. Reg, 9182 (poll. 24, 2005), codified at 44 CFR Part 208. (Open the effective date of a Final Rule, the Finn' Rule will supersede the cited Interim Final Rule and its Provisions shall prevail over any contrary provisions of the Interim Final Rule.) III. PURPOSE This Agreement sets forth responsibilities with respect to participation in the National Urban Search & Rescue Response System, 1V. DEFINITIONS DITS means Ilia Department of Homeland Security, FRAM means the Federal Emergency Ivinnagernenl: Agency, an operational component of DFIS, PE1111-"Stinct4.)rred )y1nit p el4a rm;uns a -training session or e;xt:rta:;e sponsored by an c,rgaarixation other than 1tl:MA, pit tick has received FEMA approval, ,Q.ggulallorcx rrtwma the National Urban Search & Ramie Respon9e Synteta regulations published et 44 CFR Part 208. DocuSign Envelope ID: 4C43A9F1-4020-4096-BF85-24A06660AAUF APPENDIX A 11fe te.tyfkcolerYtwr . reams nt moms tt }'mpuroIncan Con.pErn tivcr Ag,ri:on: mnt us defined In ,;cetinn 208.2 of the Regulations. 't IA!1 means the Rebell T. afford Ult;ltsLtw kelicf and Emergency A:.tri:litutce Act, na amended ('1.2 U.4s.C'. {s§ 121-52(ki). ,i hTtun kM'1Q,1Lt ees means System I's/Cumbers, r tartincs, tools and equipment mnii, ntned by n Sponsoring Agency, Participating Agency, or A Ili l 'tiled Personnel l for use its purl of the System, 'astrForce ProRPlyd7)14 Manager mums the pi:tnnn designated by the Sponsoring Agency to be responsible for Ilse, day-to-day ucirrllniatration and management of the Task Force, fi. The Following terms, as used in this Memorandum of Agreement, have dm meaning set forth in the Stafford Act nt 42 U.S.C. § 5122: Mellor Maxim. Rnittrt C. The following terms, as used in this Agreement, have the meaning set forth in Section 203.2 or 208,32 of the Regulations: 4ctktatf or Ar.Uvation Advising orlldt+isorya Vitiated Personage( /tiers Demobilization Order ��r1rtlL !!ti riiggtCjJ Preparednaxr Cooperative Agreement Jmnsorin,Q A eeitcl+ Sirens of fVational Urbnrll ,S'e irc/ ei Rescue If re.yugnse ,5y!,rtcrtr; .fit ' pu Member ;l ar,vk: I_rrce, USrklt or Urban Seerch and Itrsrur! 2 DocuSign Envelope ID: 4C43A9F1-4020-4098-BF85-24A0666DAAOF APPENDIX A v. liES1'4�I'4i 1Xt 'AY,!tT'YyC A. OHS, ri'rl' ugly PriNIA, Is responsible for developing and administering thn ;3;1+,steed, kind its responsibilities include: 1, Promulgating die Regulations, standards, policies, procedures, directives, and overall concept of olmattente for the System; ?. Maitttainittg nvurnll direction and control or System Resources engaged hi .lyslisil activities, as contemplated in the Regal at inns, standards, palioics, procedures, s, directives, and overkill to ne r:pi of operations ibr the System; 3, Maintaining an advisory and consultative structure Cor txunnlunitut'ting and consulting with System participants with rospea:t to the responsibilities set forth in this section, as appropriate; Preparing, providing, and maintaining- a Preparedness Cooperative Agreement and n Response Cooperative Agreement with the Sponsoring Agency, in accordance with the Regulations, staalldar'11s, policies, procedures, directives, nncl overall concept of operations 1111 117e System; S. Providing preparedness Mud i kg to the Sponsoring Agency, in seamier -ice with the Regulations, standards, policies, procedures, directives, and overall concept of operations for the System; 6. Developing, scheduling, and delivering FBMA-Sponsored Training and Exercises; 7. Granting EEMA sanction to training and exercises in accordance with the Regulations, standards, policies, procedures, dircc:lives, and overall concept of operations for the System; 4. S. Maintaining overall direction and control of Systc:rn Resoumcs engaged in PEMA-Sanationod Training and Exorcisms and FEMA-Spulasined Training and Exercises; 9, Evaluating System and performance in accordance with the Regulation, stanldatils, policies end procedures and dircetivt:s of the System; 10, Advising, Alerting, Activating and Demobilizing System Resources; 1 1. C1ldnitaireg the cnnSont of tic State, if applicable, and the Sponsoring Agency to Alen or Aciivatt: System Resources,' in accordance with the Regulations, ,rtautlaaxls, poiicie rind proms hires of the System; 12. Appointing Systeiu Members lino Federal service at appropriate dines; 3 Docusign Envelope tD:4C43A9F1-4020-4098-8F'85-24A06660AAOF APPENDIX A i.i. Taking steps as 66C(Atisnry to ensure cove:r6ve for ysttan Plumbers under the Federal tiunptayeen C111l11)d:liSutiS)rr Art, lb: Fedora! '1'frrt Claims Act, and the Public Safetyt:)t`tict;r.'1lcrretil Act during I+Ftr trl •fiponsuretl Training and t xereilas.., Marl lixercise:r, Alert, Find Activation, to the extent allowed by law; 14, Processing claims for 1 cdoral employer, benefits, ii.r :Mot forth in rho Regulations and this Agreement; 15. Maintaining overall direction and contl'oi of System Resources engaged in System activities during Alert or Activation; • 16, Providing grouud,.uir, rt)1I, or marine transportation for System Resources during Alert or Activation, as required; 17. Providing re -supply and logistical support for System Resources during Activation; 18. Pstablishing, developing, administering, Advising, Alerting, Activating, Demobilizing, and maintaining overall direction and control of System mana,garnent teams, as appropriate; 19. Notifying ti)o Sponsoring Agency when FEMA has Alerted, Activated, ur Deactivated aTask Force member for participation on a System management team or in u technical f..inction; 20. Scheduling and conducting periodic meetings of System advisory committees and other consultative bodies; 21, Processing claims for reimbursetnent in accordance with the Regulations; and 22, Misfiring proper coordination and cooperation within Irk?MA, between FEIMA and other DI -IS components and entities, and between FEMA aura other FncIc rnl, state, local, and private -sector Cntititri ravine pumps:: of' Syatein activities. l3. The State, if applicable, is responsible for: 1, Mairltaining24-flour pot• day capability to receive is request t'or Alert or Activation of System Resources and to accept or decline the request within one hour; and 2. Using Task Forces resident within the State au State n;d;:et:; bc:iorc: r•ednenting additional Task Forces L'otrr 1'ri:MA in cuoticipntion of, OL in rezpntlsc to, it disaster or emergency within the State for w1tic:f L tax; State or DoeuSign Envelope ID: 4C43A9F1-4U2U-4U98-BF85-24AUEi66UAAUF APPENDIX A its loud governments have primary responsibility, unless the retsourct°I4 have been otherwise i ortv1titted. C, "I"hc Sponsoring Agency in responsible for organizing and administering the Task Voreo, and this rtsportttibilil;y includes the ibIIIowinlj; 1, Recruiting and !relining lhc'1'ank Forte, according to the Regulations, standards, policies, procedures, dheetivas, and overall rsotrcanpt of alx;rathinrs for Lilo System promulgated by FB1 A; 2. Designating a Taut Pot'co Pren,rain Manager, as well as other such persons nn required by the Regulations, standards, policies, prncexttares, directives, and oven& concept of operations for the System; 3. Executing n Preparedness Cooperative Agreement enment and a Response Coopernlivc Agrectnent with FI3MA, in necorclnnce: with tleu itcgtalntions, standards, policies, 1 rocedums, directives, and overall concept of operations for the System; Providing administrative, financial, and personnel olunagt:ntcnt for the Taslc Force, to include providing FEMA with all documentation required to appoint System Members into Federal service; 5, vfaintnining such af;rcemenls with Participalieg Agencies and Affiliated Personnel as are required under the ltegulationa, standards, policies, dimctives, procedures, and overall concept ofoperations for the: System. Agreements with Pnrticipnliiig Aj►,t:ncics find Affiliated Personnel far System activities must be consistent with the Regulations, standards, policies, procedures, directives, runt ovae'all concepi of operations for the System, and this Memorandum of Agreement. Ail agreements with Participating Agcneios must include an express authorization for the Sponsoring Agency to commit an employee of Oft: Participating Agency to Fndernl service. All agreements with Affiliated Personnel mast include on express authorizuti nt thr the Sponsoring Agency to croutneit the individual t0 Federal service; 6, Registering and qualifying all Task Force medical personnel, as required under the Regulations, standards, policies, procedures, directives, mill overall concept of operations for flea System; 7, Requesting PI?iviA sanction for training and exercises, in accordance with the Regutations, standards,, policies, procedures, directives, and overall concept of operations for the System; 1l. Notifying FI NI A when Mare is a change In the operational status of the, Task, .Force; 5 DocuSign Envelope ID: 4C43A9F1-4020-4098-BF85-24AO6660AAOF APPENDIX A 9. h4niltiscinin 24 -hour per day capability to rcxx ivo a request for Alert ur Aelivutitsri of System Renames and to accept or decline the request within olto boor; 10. At: ui ii g, maintaining, and accounting for equipment, in noeordatnce with tlit Regulations, standards, policies, procedures, directives;, slid overall concept of °pot'tttions for the System; 11. Complying with tiinanuial, administrative, acquisition reimbursement, and reporting requirements set forth in the Regulations, standards, policies, proca:dure.s, directives, noel ovest'nll concept o'foperations liar the System; 12. To the extent that the Sponsoring Agency cshnnscrs to provide System Members for System management teams and technical functionya, et Igor any Prily A advisory and consultative entities, complying with financial, administrative, acquisition, reimbursement, sand reporting requirements set forth in the Regulations, standards, petioles, procedures, directives, and overall concept oeopt:rationsfor tIt System with respect to these System Members; 13. Keeping all records relating to the Task Force, in accordance with the Regulations, standards, policies, procedures, directives, and overall concept of operations for the System; 14. Submitting to X 13MA a copy of any agreements it maintains with any Participating Agency and Affiliated Personnel; and - 15. Processing state and local employee benefit claims for which a System Member may be eligible. VI. POINTS OF CON'T'ACT A. DIISIF I3MA: Acting Chief, Urban Search & Rescue Branch Federal 'Emergency Management Agency U.S. Department of Homeland Security 500 C Street, SW Washington, DC 20472 (202) 646-3456 B. Sponsoring Agency Chief, City ofMinrxri D'i'ce R.esetrcr 1151 NW 7th Street - 3rd Floor Miami, ltl. 33136 305-416-5401 6 DocuSign Envelope ID:4C43A9F1-4020-4098-BF85-24A06660AA0F APPENDIX A •4Jlii, OVUM PROWS tONS A., VIntin ci al Arrntlt;err+rin t:t 1, l.TiIVJ11. shall provide the Sponsoring Agency with litnclialt; 9iaa preparedness atclivitics pursuant to a 1'r ..parredness Cooperative Ag eerncut, in acoorciallce With the :Regulations, 2. F13MA_ shall rpindiurse the Sponsoring, Agency for costs intykarrcd in flystr n response activities pursuntlt to a3 Revco c Ccboperativc Agreement, in accorclnnce with the Regulations, 3, All financial commitments are subject to the availability of funcls, Nothing in this Agreement obligates ru ads of the respective parties. 13. Title to Equipment 1, Title to equipment purchased and maintained by data Sponsoring Agency with funds provided under R cooperative np,r ernent prior to Febi inry 24, 2005 vests in the Sponsoring Agency in a accorclaaaat.i: with 44 CFR § 13.32(e), 2. Title to equipment purchased and maintained by the Sponsoring At;otaey with rands provided under n Preparedness Coopnrntive Agreement vests in the Sponsoring Agency in 'accordance with 4' CFR § 13.3201). 3. Title to equipment purchased by Di IS, and distributed to and maintained by the Sponsoring Agency, remains vested in DHS iu accordance with 44 CI'R § 13.32(I), unless truusfctred to Lite Sponsoring Agency under applicable Federal regulations. C. Use of Sponsoring Agency Resources 1. Offer, consent and acccptunc a of services, 'facilities and employees The Sponsoring, Agency and tilt) Siete of[hr auul t:lna.ciii to FE MA'ss use of their services, facilities, nod employees n:a specifically duseribnxt in this Nienioiindlnu o1'Agreement with re pest to t111;.5'ystcnl, and FEMA ateeepts the offer of such services, filcilftiei, and employnt s in dirtying out the purposes of Ills Sections 306(u) and 62 t (e)(1) of the Stelt't'uttf Act, 42 FU.S.C. §§ 5[49(u) find 519!(0)(1). 7 uut,UOIyil C11vCIUJ 11WULU-YU.7U-0r UJ-L4MUUVUUhV\Ur APPENDIX A 2. Appointment into Federal Service a. P1i'MA Iv; li sp,polut System Mealbota into Pectoral sciwieo pursuant to :motion 3t71i,1 d of the Regulations, kW'follow i; (1) When lash -noting or participating in PLM A.-Sancttiorted 'Training and Eixerclses; (2) When instructing of participating in 1Pl3,lv1A •Spolisored Tr'aisaing and Exercises; (3) When undertaking specific duties required by lrl'sMA during nn Alert to prepswe for Aotivulioa; and (4) When Activated. b, At €til such times when System Members are appointed into Federal service, those System ivtombers will be under FPMA'n overall direction and control. c. A System Member's appointment Into Federal service is concurrent with a System Member's endployrncnt with the Sponsoring Agency or other entity, D. Coverage under Federal statutes; FF.-WI/Vs intent t. Pursuant to section 20.11 of the Regulations, it is r MA's intent that on the basis of subsections C.I. and 2., above, System Members appointed into Federal service are Federal employees during the activities described iii subsection C.2, a., above, for the purposes of the following ruts: a. The Federal Employees Compensation Act. b. The Federal Tort Claims Act. 2, It is Ff3MA'S itttcsttt that System MMMentbors appointed into Federal seduced are Public Safety Officers during the activities described in subsection C.2,a„ above, es defined to the Public Safety Officers 13onefit Act, 42 U,IS.C. § 3796b 3, No individual may participate in the Task Force who is not art caviare of the Sponsoring Agency, art employee of a Participating Agency, or an Affiliated 1'essotanai. 4. Nothing contained within this Agreement is itttcsndod to diminish a ISyslctn Member's non-federal employment rights,' relationships, or entitlements to nun..Fedcrat pension or welfare boner/Its. 1)s; .. l ,i caF„ tt LluL.uJIyII II IVWIui.Je IL). Yt,.4.]hlVr I-4VLV-4UVO-DS-0 J-L4MVLJVVvP %Vr APPENDIX A 11. irlNA, the Stahl, mitt the Sponsoring Agetiey will not discriminate against any `lysteiit Nit miter ar applicant for R1)001011 u4 a System Member on the grounds of race, color, rctlit ion, sex, ego, maimed origin, or economic status in fulfilling any and all oblif;ntivals under titht Mtaii00111Chltil of Agreement. 17. Use of Federel Nullities, supplies and services will ba in compliance e with regulations prohibiting duplication of benefits and guaranteeing nandisr:ritalinntion. Distribution ofsulaplit;s, processing; of implications, provision of tech itienl assistance. and ether relicfand;:sti:itnnce activities /:Ma11 ho ncrns►upIislted 111 an arid irnlaaatinl manner, without cli:aarimiauttian on the grounds of race, color, religion, sex, age, nstinlalal origin, or economic status.. VIAL EFFECTIVE DA'IE 'I: he teams of this Agreement will become effective on the ditto that the lest party signs this Agreement. IX. MODIFICATION, AMENDMENT, AND'PRRMINA'TION A. Any ,provision of this Agreement inter found to be in conflict with Federal law or regulation, or invalidated by a valet of competent jurisdiction, shall bo considered inoperable and/or superseded by that law or regulation. Any praviwton found inoperable is severable from this Agreement, and the remainder of the Agreement shall remain in Boil force. B. This Agreement may be modified or amended only with the written agreement of all of the patties. C. This Agreement remains In effect unless terminated. This Agreement maybe terminated by any party upon 30 days written notice, D. This Agraoint nt is the fiiil and complete agreement tt between Lite undersigned parties, nod supersedes any prior agreement between the parties, written or oral, with tile exception of an existing Preparedness Cooperative A.gret halt or Response Cooperative Agreement, This may be executed in several cotantcrptats, each of which is ii valid agreement, provided flint all parties to the Mfentorandum of Agreement have executed at CU I. otte original copy of the Memorandum of Agreement. sa, 9 UIH.U,,ly 11 CI VCII.VW uij. 4t-.4,,wr 1 -41.141J-Yu'Jo-or o:-447171VwUMMUr APPENDIX A X. L TCUTION Glenn M, Cannon Amiataiit Administrator Dlan:aier pperationa Directorate Federal Emergency Nitta agemont Agency Date: 0,/,,,g/0 Regional Administrator Date; Director State Emergency Management Agency Date; Please see attached required signatures for City of Miami, Florida and City of Miami Fire -Rescue Department ellef Executive or Designee Sponsoring Agana)/ Data: Also Attached; City of Miami, Florida Authorizing Resolution No. O -850+1 adopted by City Commission on September 11, 2008 0rci, "lw,i1(v 10 VVI.0 Jl9Il CI lvedui a fW. 4tr4JH5f tWutu-4UVO-oro.Yc•H1uvc1VV/1Mur APPENDIX A A New Mcnparantdtan 9f Agxetnjut ff+iQA r I)rlran St:nrclr & Roscoe ("11S 1R"i between the US llrtpartrmnt ofi•iomeland Smutty and the CIty of Miami Hu ultgrotrttd faro rtuatiant (Co tln t d) Since 1989, Florida Task Force 2 hits been an integral part dale 1,1ilvf MI National Urban•Scarch and Rescue ("USAR") Response System. The new ?EMA continues 10 establish its role us the Nation's premier emergency management and preparedness agency. FEMMA and l?L Task Force 2 have been operating under the same MOA since 1998. Several operation!, legal and regulatory changes hemp Wen made and P13M`A is requiring all its sponsoring agcncIcn, participating atgenoies, nod strategic individuals to update and execute new standard MOM. Separate legislature will he presented later for the participating regencies and strategic individuals. 1') tst uuuu.ayl 1 C 17VCIurlc Iu. YLN.3✓% U I-4ucu-Vu.,o-orou-c+Muuuuu,i, Jr APPENDIX A 11,10 aorta ntdlnatclnull her nrtr+ Rat, ;tw vaoisitwea 114':1171 JUN i li Chic( Ilrysnn City Mr Miami Fire Rescue 1151 NW'Ith Strati - 3rd Floor Miami, Mathis 13136 Dear Chief' Bryson: FEMA Since 0959. Irlrnrlda'rusk Forst: 2 has bean rut hitagrad port ol'tha Pectoral Emergency Munagemenl Agency's (PUMA) Wetland Urban Search Hari lt.escuo (US&R) Response System. As thu now FEMA continues to establish its rota us the Nation's premier emergency management and preparedness agency, we look forward to rxtntinuing our relutioaship with Florida Task , Force 2. PEMA and Flnrltln'll'ask Porte 2 have been upending under the same Memorandum of • Agreement (MOA) since 19198. Several legal and ragoletory chnrtgcs have bean made since alert, including the transfer of PEMA to the Department orHornchnul Security in 2003 and tine publication orate US&R interim -Fined hula at 44 CFR Part 208 in 2005. To option:our agreements, Vf3MA is requiring all (MCI Task Forces to execute a new standard MOA. 11 o new MOA was developed by Chu US&It Lae Issues Work Group, which includes rcprc uutntives from US&R Task Purees, the USd:lt Frogman 0ftieo, and FEMA's Office or ClliufCuurtsul; and was reviewed by ell 2H US&R Task Forces. F1 MA is requesting that you review, sigst, nail return tltc enclosed new MOA within 60 days. We recognize dint the unique organizational structure atilt! 2U US&R Task Faros may impair* miner modifications In Ihn:stundard MOA end' dull udclitiunul time may be nacdad to review and return Mc MOA depending err your Tusk Furee's review process. It' you would fiko lu dil u1. ulukiuy any changes or need midi( tonal time fur sti mission, pions° coronet diva W°bb, Ac:ling Chief, Urban Search and ttrsrrc drench, nt 207.-646.3456 or davc.wobb®dlet.gov. We leek forward to continuity, the `trend;, cooperative relationship between FrIvt IA and f' Iaridn 'I'nyk Force 2 as we help lo assure the Nation is ready to respond to all hazards. Sincerely, Germ M. Curuton Assistant Administrator Disnstctr Operntions C irclatorittu t nelasuru b tai - H t 11 ww. rnun,k,P[4t' I..IV.1101 1$ . IYeiupe IU.'449,1"Uf I-4VLJ-+u -DroJ®L+YIVVUVV7-V%Ur APPENDIX B 1;,1 r77=; Thursday, February 24, 2005 Part 111 Department of Homeland Security Federal, Emergency Management Agency 44 CFR Part 208 National Urban Search and Rescue Response System; Maximum Pay Rate Table, National Urban Search and Rescue Response System (US&R); interim Final Rule and Notice I a.)1,u 7I,JI • CI lueluFlt ILJ. 4L.4 )1 r 1-VVtV-VVi7o-Dr-0,1-4.PAVVVVVYV'i1r AP{'t:NDIX lt}} 9182 Federal Register/Vol. 70, Nu, 36/Thursday, February 24, 2005/Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 208 RIN 1660—AA07 (formerly RIN 3067—AC93) National Urban Search and Rescue Response System AGENCY: (Federal Emergency Management Agency (FEMA), Emergency Preparedness and Response Directorate (EP&R), Department of Homeland Security (DHS). ACTION: Interim rule with request for comments. SUMMARY: This interim rule standardizes the financing, administration and operation of the National Urban Search and Rescue Response System, a cooperative effort of the Department of Homeland Security, participating State emergency management agencies and local public safety agencies across the country. This rule addresses the relationship between Sponsoring Agencies 1 of Urban Search & Rescue (US&R) Task Forces and DHS and also funding for preparedness and response activities, including the acquisition of equipment and supplies and training. Concurrently wee are publishing as a Notice in this issue of the Federal Register a Maximum Pay Rate Table on which we also request comments. DATES: This interim rule is effective February 24, 2005. We invite comments on this interim rule and the Maximum Pay Rate Table published separately today as a Notice in this issue of the Federal Register. We will accept comments on both until April 11, 2005. ADDRESSES: Mull: When submitting comments by mail. please send the comments to the Rules Docket Clerk, Office of tho General Counsel, Federal Emergency Management Agency, 500 C Street, SW., room 840, Washington, DC 20472. To ensure proper handling, please reference RIN 1660—AA07 and Docket No, DI IS -2004-0010 on your correspondence. This mailing address may also be used for submitting comments on paper, disk, or CD-ROM. (land Delivery/Courier: The address for submitting comments by hand delivery or courier is the same as that for submitting comments by mail. 1 Sponsoring Agencies 1110 State or local government agencies that have signed Memoranda of N/remnant with Df IS to organize and manage US&R. Task Forces. 'Throughout the preamble to this rule the terms "we" and "our" refer In and rattan the Ueperlmoo of Homeland Security. "You" tams to the reader. Viewing Comments: You may view comments and background material at: http://www.epa.gov/feddocket or http:// www.regulations.gov. You may also inspect comments in person at the Office of the General Counsel, Federal Emergency Management Agency, 500 C Street, SW., room 840, Washington, DC 20472, FOR FURTHER INFORMATION CONTACT: Michael Tamillnw, Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security, 500 C Street, SW., room 326, Washington, DC 20472, (202) 646-2549, or (e-mail) mike.tamillow@dh.s.gov. SUPPLEMENTARY INFORMATION: Background The Federal Emergency Management Agency (FEMA) published a proposed rule, National Urban Search and Rescue Response System, on December 18, 2002, 67 FR 77627-77640 (Proposed Rule). On March 1, 2003, FEMA became a part of the Emergency Preparedness and Response Directorate (EP&R), Department of I Iomeland Security (DHS). The National Urban Search and Rescue Response System is now a program in FEMA under the Ell? Directorate. This preamble and Interim Rule reflect certain decisions made regarding comments that FEMA received on the Proposed Rule, and changes resulting from FEMA's integration into the Department of Homeland Security. The process for creating and updating the Maximum Pay Rate Table (Table), which establishes the maximum rates that OHS will pay for certain medical, engineering, canine handling and backfill services, is described in § 208,12. The Maximum Pay Rate Table, which was mentioned but not published in the Proposed Rule, is incorporated in the Interim Rule, and published concurrently with this Interim Rule as a Notice. Because the Maximum Pay Rate Table was not published previously and will become a part of the National Urban Search and Rescue Response System final rule, we are asking for public comment both on the Table and the Interim Rule. Section 303 of tho Robert T. Stafford Disaster Relief and (Emergency Assistance Act (Stafford Act), 42 U.S,C. 5144, authorizes the President of the United States to form emergency support teams of Federal personnel to be deployed in an area affected by a major disaster or emergency. The President delegated this function to the Director of the FEMA under Executive Order (E.O.) 12148. Under E.D. 13286 of February 28, 2003, the President amended E,O. 12148 to transfer the FEMA Director's delegated authority to the Secretary of Homeland Security, and under Homeland Security Delegation No. 9100, delegated the Secretary's authority under Title V of the Homeland Security Act of 2002, which includes the Stafford Act, to the Under Secretary for Emergency Preparedness and Response (EP&R), Section 306(a) of the Stafford Act authorizes the President (as delegated to the Under Secretary for EP&R) to accept and use the services or facilities of any State or local government. or of any agency, officer or employee thereof, with the consent of such government, in the performance of his responsibilities under the Stafford Act. Section 306(b) of the Stafford Act authorizes the President to appoint and fix the compensation or temporary personnel without regard to U.S. Code provisions governing appointments in the competitive service. Section 403(a)(3)(B) of the Stafford Act provides further that the President may authorize Federal agencies to perform work on public or private lands essential to save lives and protect property, including search and rescue and emergency medical care, and other essential needs. Under section 821(c) of the Stafford Act, the Secretary may accept and use the services of State or local governments, and use voluntary services by individuals or organizations as needed. FEMA established the National Urban Search & Rescue Response System [System or US&R) under the authorities cited. The System provides specialized lifesaving assistance during major disasters or emergencies that the President declares under the Stafford Act. US&R operational activities include locating, extricating and providing en - site medical treatment to victims trapped in collapsed structures, victims of weapons of mass destruction events, and when assigned, performing incident command or other operational activities, Created in consultation with State emergency management agencies and local public safety agencies, the System is built around a core of Sponsoring Agencies prepared to deploy US&R Task Forces 3 immediately and initiate US&R operations at DHS's direction. Members of the Task Forces, also referred to as "System Members," may respond as 'Thu I IS&R System comprises 26 Task Forces in 19 Stales. A full Task fierce consists of 70 System Members, three deep (designed I'nr 210 members) specially trained and equipped to find, extricate. and provide initial medical care to victims of collapsed buildings, weapons of mass destruction. as well as to perform other assigned duties. U VLUJII,1, PI CJ IVecupe -YVGU-YU.7O-171-00-4.r tJUUUR-V-Wr AeetakipiX p Federal Register/Vol. 70, No. 36/ Thursday, February 24, 2005 /Rules and Regulations 9183 part of Joint Management Teams (JMT) or other overhead or technical teams, or as individual resources. The Task Forces are staffed primarily by local fire department and emergency services personnel specially trained and experienced in collapsed structure search and rescue operations, incident management, and other emergency operational activities. On activation by DHS, members of the US&R Task Forces, US&R System Members of Joint Management Teams, and other overhead or technical teams, operate as Temporary Excepted Federal Volunteers," The National Urban Search and Rescue Response System presently comprises 28 US&R Task Forces in 19 States. Typically, a State agency or local public safety agency (Sponsoring Agency) sponsors each of the Task Forces. While the Sponsoring Agencies are solely responsible for the administrative management of their respective Task Forces, many Sponsoring Agencies invite other public safety agencies and other entities in their vicinity to contribute personnel and other resources to the Task Force, These public safety agencies and other entities that enter into agreements with the Sponsoring Agency to contribute personnel and other resources are Participating Agencies. In certain cases. individuals who are not employed by a Sponsoring Agency or Participating Agency" become members of a Task Force as Affiliated Personnel.' MIS provides financial support in the form of grants or Cooperative Agreements" (Grants) to each of the 4 A Joint Management Team is a multi- disciplinary group of Notional Disaster Modica/ System (NO)MS), Urban Search end Rescue (US&R) end other specialise" combined to provide oporellenel, planning, Inpistirs, firma, and administrative support fur US&R and NUMS resources, and to provide lechnicol advice and assistance in State and local governments. The term "Temporary Excepted Fudund Volunteer" means that cr System member's status is tompomry for the period of Federal cnalvalinn, excepted (cone Civil Service ride regarding Federal employment. Federal for purposes of tort claim protection and Federal "workers' compensation". and a volunlanr In then DHS dons not pay the individual directly, hut roimhursus the Sponsoring Agency for the System Melnhnr's services. aA Participating Agency is a Slate or Local Government, non-profit organization, or private organization !hat has executed an agreement with a Sponsoring Agency to participate in the National US&It Response System. 'Affiliated Personnel are Individuals not normally employed by s Sponsoring Agency or i'erllcipeting Agency and individuals normally affiliated with a Spnnsuring Ageing or Perllcipating Agency as volenteers. "Cooperative Agreements are similar is grants, but differ from grants in the amount of government cooperation and involvement in the implementation nl the agreement. Sponsoring Agencies under the disaster preparedness and training authorities of the Stafford Act. The Sponsoring Agencies use these Grants to train Task Force personnel, maintain a state of readiness and to acquire necessary equipment and supplies. DHS awards and administers Grants under 44 CFR 13. in return for this financial support, each Task Force must be available for deployment as a Federal resource when DHS activates it." Task Forces also must maintain minimum training requirements that DHS prescribes. In Separate non -standardized memoranda of agreement (MA), which were individually negotiated at different stages in the System's development, currently govern the relationship between DI IS and each of the Sponsoring Agencies. In addition, we require the Sponsoring Agencies to enter into separate Cooperative Agreements on forms that our Office of Financial Management prescribes, As the System has matured, the participants have concluded that it is desirable to standardize these relationships through a set of comprehensive regulations. We developed the Interim Rule with the assistance of the National Urban Search and Rescue Advisory Committee and its Legal Issues Working Group. Adoption of the Interim Rule enables DHS to standardize our agreements with the Sponsoring Agencies. Following adoption of the final rule, we will ask each of the Sponsoring Agencies to enter into a new, streamlined MOA es well as a Preparedness Cooperative Agreement," as described in subpart i3 sThe Tosk Forces also respond to disasters and emergencies in their hnma states as State resources. !MIS does not normally and directly reimburse Simmering Agencies of the Task Forces for the costs that 'Task Forces incur when deploying in their ham" stales, although in a Slate deployment, Task Fuiti;es may use equipment that they have purchased with DHS grant funds and Federal prnporly that is in their custody. Subpart C of this rule dons net cover instate deployment of US&R resources. However. Federal reimhureement for the cost of an in-atalo deployment may he available through DHS's Public. Assistance Program under regulations published at 44 CI°R port 208. In addition, the Office of Foreign Disaster Assistance of the U.S. Agency for International Development (USAif)) often uses the services of certain Task Forces to deliver humanitarian assistance abroad under agreements to which DHS is nut a party. The rule dues not affect tits relationships between UISAID and the Sponsoring Agencies of the Task Forces. lain addition to parllcipalion on Task Farces, participants In the System (referred to 11& System Members) may also be called open to serve us members of Joint Management Teams nr other overhead or technical teams. '' OHS enters into a Preparedness Cooperative Agreement with cinch Sponsoring Agency to pmvidn Federal funding In develop and maintain System resource (personnel, equipment and supplies) of the rule, and a Response Cooperative Agreement,12 as described in subpart C of this rule. These new, standardized agreements will document our relationship with the Sponsoring Agencies." Upon the effective date of the Interim Rule, ifa 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 "tieUiull" ur "G") ale to [with, subparts or sections of this rule unless specifically cited as a section of an Act, e.g., section 305 of the Stafford Act, or document other than this rule. Organization of the Interim Rule The interim Rule is divided into four subparts. Subpart A addresses the organization of the National US&R Response System, explains the relationship among the various components of the system, incorporates certain provisions of other regulations and provides for sanctions if US&R regulations and directives are violated. Subpart B describes the process through which wo provide grant funds to the Sponsoring Agencies to maintain Task Force readiness. Sponsoring Agencies use these grant funds to administer the Task Forces, provide initial and recurrent training,'4 and acquire and maintain a uniform cache of equipment and supplies. Following adoption of the final rule, we will ask each Sponsoring Agency to enter into a Preparedness Cooperative Agreement with us. In addition, from time to time, 11115 will purchase and distribute equipment and supplies directly to each Task Force. capabilities and readiness for operations, including training. "when DHS activates a Task Force it provides Federal funding for the Task Forcu's response under the terms of the Response C operotive Agreement. ro Following nrinption of the final rule, DiIS expects to develop a National US&R Response System Directive Manual, which will contain system policies and explain other Federal regulations, and will gavorn the operation of the National US&R Response System, The Directive Manual will be updated periodically as needed. "Suctions Junta) and 821(c) of the Stafford Act. 42 C.S.C. 5149("). 5197(c), authorize DHS to federalize members of US&R Task Forces to pnrticipnle in preparedness activities. We periodically federalize US&R mums to pnrlicipatn in DHS-srtnalloned training exercises, also known as mobilization examisas. During those periods, they ere not "Activated" within the meaning of g 208.2 oldie rule and, therefore, the provisions of subpart C do not apply to OHS -sanctioned tanning exorcises. Funding for participation in DHS- sanctioned training exorcises may bo available under fi 205.24(b) of the rule. IJuc.uJIy11 CI IVGIutJG IV. YI.YJN.7r 1-YVGVWV.7U-Dr U:J-GYNVVVVVNNVr APpt:ND(X k� 9184 Federal Register/Vol. 70, No. 361 Thursday, February 24, 20051 Rules and Regulations Subpart C addresses the deployment of System Members, either as part of a Task Force, a Joint Management Team, or another overhead or technical team, as a l oderal resource. and the reimbursement of the Sponsoring Agencies for the costs that they incur as a result of these deployments. This subpart also explains the Response Cooperative Agreement that we will ask each Sponsoring Agency to sign following adoption of the final rule, Subpart f) 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 timoframes 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 or the initial appeal. The timeframes and procedures for appeals are set out in § 208.62, Appeals. A glossary of defined terms that we use throughout the Interim Rule and in subpart A appears in §208.2. A sub - glossary of defined terms used 208.32 (subpart C) appears in that subpart, Sectional Analysis Section 208.33 sets forth the principles under which we will reimburse Sponsoring Agencies for participating in Alerts5 and Activations.la Subsection (a) expresses our policy that participation in Alerts and Activations be as cost neutral as possible to Sponsoring Agencies and Participating Agencies, This commitment is critical to avoid putting local fire departments, which are the predominant sponsors of the Task Forces, at risk for the cost of providing emergency services outside of their respective jurisdictions. Payments are subject to 44 CFR part 13, particularly §j 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 this rule and 44 CFR part 13 or the OMB Circulars, this rule controls. Section 208,39 explains how we will compensate Sponsoring Agencies for personnel costs during Activations. When we deploy System Members, "Akrl moans the status of o System resource's rradinesa when triggered by en Alert Order indicating that OHS may Activate the System resource. "Activation means the status or a System resource placed al the direction, control and funding of OHS in response to, or in anticipation of, n presidential declaration of a major disaster nr emergency under the Stafford Act. either as part of a Task Force, or as part of a Joint Management Team or other overhead or technical loam, 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," The maintenance of this concurrent employment relationship is a fundamental principle of the National US&R 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 not Activated. Section 208.39(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 for reimbursing the personnel costs of its Participating Agencies under 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 hut for tho 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 at least 80 percent of the time. After reviewing Department of Labor regulations relating to section 7(k) and relevant court decisions, we are uncertain whether the rescue activities "In some cases, the relationship between the individual and the Sponsoring Agency or i'articipating Agency to a canine:tual rololinnship nr a volunteer relationship. These regulations do not create a contemn law employment relationship between ar. individual and a Sponsoring Agency nr Part tclput ing Agency where roma otherwise exists. undertaken by Sponsoring Agencies of the US&R Task Forces are analogous to fire suppression. We also note that some 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 part-time fire service employees, are compensated at another overtime rate. For these reasons, [MIS instructs the Sponsoring Agencies to disregard the section 7(k) exemption when calculating its reimbursement for personnel costs, and reimburses Sponsoring Agencies for regular wages and overtime wages as described in §208.39(d), (el and (flan 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 79 until his or her release from duty, which may be the airport or Air Force Ilase to which the Task Force returns, or at the Task Force's original Point of Assombly,211 ar some other point. This reimbursement procedure is known 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 he available for immediate response twenty-four hours n day during the entire deployment period. 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 on a moment's notice at any time during a 24 -hour period should be compensated for 24 hours of work. Activated System Members often work the first 24 to 48 hours of the Activation continuously, as "Section 200.41)lhl addresses reimbursement for various differentials paid by Sponsoring Agencies, 14 Corwin activated System Members will not report to a Point of Assembly, but rather will he instructed to travel to the incident location directly from their home or regular place of work. These individuals are Activated when they leave their home or regular piece of business and we will adjust the "portal to portal" pay of those individuals accordingly. "The Point of Assembly is Use location whore a Task Force assembles before departure in response to an activation order. L+Vuuoryl1 Li lvuupe 1L). + +)#- Jr P-YULU-YUVU-O L -LY,-uUUUVYv1ur A'P LNDiX 13 Federal Register / Vo1. 70, No. 36 /Thursday, February 24, 21305/ Rules and Regulations 9185 this initial period involves packaging the Task Force for transport, loading and unloading equipment. attending briefings, receiving and adjusting to changes in operational objectives, establishing the base of operations and initiating the search for live victims. Once the search begins, we control Task Force activities during the entire 24 - hour period and Task Forces must be available for immediate response at any time. Section 208.39(g] provides for the reimbursement of Backfill zc expenses. The National US&R Response System depends upon the voluntary participation of public safety agencies. We recognize that these public safety agencies may be short-handed when some of their personnel are away on a Federal deployment. If a public safety agency ordinarily Backfills a position in situations where a regular employee is unavailable for a period of time similar to that spent on a US&R deployment (e.g., Family and Medical Leave, participation in an extended mutual aid assignment, injury or disability), then the public safety agency may bill DHS for the cost of Backfilling the position for the period that the regular employee is away on a Federal deployment. However, we will only reimburse for the incremental overtime salary and benefit expenses associated with the replacement employee. We will not reimburse the 13ackfilling 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 Proposnd Rule During the comment period on the Proposed Rub, which closed on February 3, 2003, we received a number of comments. We summarize the comments and our response to them in the materials that follow, Usage of Terms in the SUPPLEMENTARY INFORMATION. We received comments concerning the use of the terms "Task Force Member" and "System Member" in the SUPPLEMENTARY INFORMATION to the Proposed Rule. In the SUPPLEMENTARY INFORMATION to the Proposed Rule, we used the term "Task Force Member" to denote individuals who respond as part of the National US&R Response System. However, while most participants in the System respond as part of a US&R Task Force, participants in the System may also be called upon to serve on Joint 21 Aackfill means the personnel practice of temporarily replacing a person in his or her usual position with another person. Management Teams and other overhead or technical teams. As a result, the term "System Member" is a more accurate and comprehensive term to describe individuals who participate in System activities, and the term "Task Force Member" is best used to describe a System Member who is Activated as part of a Task Force. We have corrected the usage of these terms in the SUPPLEMENTARY INFORMATION to the Interim Rule. In certain parts oi'the SUPPLEMENTARY INFORMATION to the Proposed Rule, we also used the term "US&R Task Force," rather than "Sponsoring Agency," to denote the agency or entity with which DHS has entered into legal and financial agreements with respect to the US&R Task Forces. We have corrected the usage of these terms in the SUPPLEMENTARY INFORMATION to the Interim Rule. Finally, in the SUPPLEMENTARY INFORMATION to the Proposed Rule, we described the reimbursable period during an Activation as ending when a System Member returns to the pre - deployment staging area, This description conflicts both with standard terminology and the reality of System deployments. A more accurate description of the duration of the reimbursable period during an Activation is set forth in the Interim Rule. Eligibility for Reimbursement and Coverage Under Federal Statutes While Traveling to and from the Point of Assembly. One Task Force commented on the time period that we propose to pay System Members, namely from arrival at the Point of Assembly until his or her release from duty, which may be the airport or Air Force Base to which the Task Force returns, or at the Task Force's original Point of Assembly, or some other point. Noting that some of its members live 2 or more hours away from the Point of Assembly, the Sponsoring Agency reimburses members from the time that they are alerted to the time that they return home (including travel mileage). Response: This question has two aspects: (1) Reimbursement for time spent traveling to and from the Point of Assembly, and reimbursement for travel mileage while traveling to and from the Point of Assembly; and (2) consideration of time spent traveling to and from the Point of Assembly as "in the course of employment" for the purposes of workers' compensation (for injuries sustained) and tort liability (for civil wrongs or harms caused) during that travel. Reimbursement: This issue is related to the Fair Labor Standards Act (FI.SA), which establishes a minimum hourly wage for employees and requires employers to pay overtime wages for hours worked above the statutory maximum. It is also related to the Portal -to -Portal Act of 1947, which requires that time spent "waiking, riding, or traveling to and from the actual place of performance of the principal activity or activities which such employee is employed to perform" is not compensable time under the FLSA unless it is compensable by contract, custom, or practice, The general Federal rule regarding travel mileage is: commuting to and from work, that is, between permanent residence and permanent duty station, is a personal expense. The employee is expected to be at work; how the employee chooses to get there is entirely his or her own business. 27 Comp. Gen. 1 (1947). There are exceptions to the general rule if the travel is not ordinary and is spent outside the workday to and from job assignments. Examples include substantial travel to an emergency job assignment at a location outside the normal workplace, or the employer requires the employee to be "on call" to respond to emergency job assignments. A corollary of the"substantial travel" exception is that the travel is noncompensable if the amount of time spent traveling is minimal. On reconsideration of our position, we will reimburse certain travel costs and time spent traveling to the Point of Assembly when a System Member responds to an Activation and must travel a considerable distance or time, as determined by DHS on a case by case basic, to roach the Point of Assembly, Otherwise, we will follow the general rule regarding noncompensable travel, including minimal travel. When we activate a Task Force or other System resource, timely assembly of the System Members is critical, and under those circumstances warrants our exception to the general rule, This exception will apply only to Activations, and will not apply, for instance, to Alerts, to travel home after return to the Point of Assembly, or to travel required for training, which we consider to be ordinary noncom onsablo travel, In the Course of Employment: Ordinary travel to and from a fixed workplace is generally not within the scope of employment for workers' compensation purposes, under the "going and coming" rule. Under the rule, employees with a fixed workplace are covered by workers" compensation only when they are on their employer's premises, or performing an assignment required by the employer. One of the IJUM1.U, IyII CO I VCIU FJG' ILI. I-YULU-'w o -Dr o,-LYf1000VUJ-, ur DIX 9186 Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 /Rules and Regulations exceptions to the general rule ageing and coming is travel to and from job assignments, where the employer compensates the employee for the time or expense of the travel. Consistent with that exception and our intent to reimburse travel costs and time spent traveling to the Paint of Assembly in response to an Activation, on a case -by - case basis we will meet our obligations regarding workers' compensation claims that arise out of injuries that System Members incur while traveling to a Point of Assembly in response to an Activation, but for no other purpose. Definitions. We received several comments on the definitions in § 208.2, and made the following changes: We changed the term "Memorandum of Understanding" to "Memorandum of Agreement." The definition for "Equipment Cache List" now reads: "The DI'S-issued List that defines: "(1) The equipment and supplies that US&R will furnish to Sponsoring Agencies; and "(2) the maximum quantities and types of equipment and supplies that a Sponsoring Agency may purchase and maintain with FEMA funds." The definition for "Participating Agency" reads: "A 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&R Response System."' One Task Force expressed concern regarding the definitions of "Program Manager," "Program Office," and. "Project Manager." We have decided to retain the definitions of "Program Manager" and "Program Office" as they are. Currently, the Program Manager is the Chief of the LJS&R Section, which is part of the Response Division of FEMA, under the Emergency Preparedness and Response Directorate of DNS, and the Program Office is the US&R Section, However, these entities may change as the organizational structure of DHS evolves. We will notify the Sponsoring Agencies if we designate a different Program Manager or Program Office. We have deleted the definition of "Project Manager" from the definitions set forth in § 208.22, since that terms appears nowhere else in the Interim Rule, We have added the following definition: "Program Directive means guidance and direction for action to ensure consistency and standardization across the National US&R Response System." This replaces the term "System Order" in the proposed rule with "Program Directive" in the interim rule. Ono commenter recommended that Di IS include a definition of "Affiliated Member." The equivalent term is defined at § 208.32 as "Affiliated Personnel." Section 208.6, System Resource Reports. One commenter noted that Sponsoring Agency, Participating Agencies and System Members are to cooperate fully in audits, investigations, studies and evaluation, and asked, "who pays for salary cost associated with gathering and processing the information?" DHS provides funding for program management in the Preparedness Cooperative Agreement to support administrative activities, including the salary costs for gathering and processing System resource reports. Workers' Compensation and Other Benefit Costs. Several Sponsnring Agencies commented that workers' compensation and other benefit costs incurred by Sponsoring Agencies as the result of an injury or death to a System Member are not reimbursable costs. As set forth in § 208.11 and explained in the Supplementary Information, DHS will appoint System Members into Federal service, concurrent with those individuals' local employment, to secure protection for such employees under the Federal Employees' Compensation Act and the Federal Tort Claims Act. If a System Member sustains an injury, that System Member may file o claim fur compensation under the Federal Employees' Compensation Act, Because the System Member's Federal appointment is concurrent with his or her local employment, the System Member may also be eligible for compensation under his or her local workers' compensation system. In that case, the System Member may collect either the incremental difference between Federal benefits and local benefits, or may collect local benefits in full, depending on whether the local benefits may be offset by the Federal payment to the System Member. As explained in §208.40, 1)1IS will reimburse the Sponsoring Agency for the workers' compensation insurance premium costs associated with the time during Activation. However, any local benefit payment is not a reimbursable expense, because DHS (through tho U.S. Department of Labor) provides coverage under the Federal Employees Compensation Act, and because we ere prohibited under our current statutory authority from reimbursing Sponsoring Agencies for the costs of benefit payments. Death or Disability in Line of Duty. One Participating Agency asked whether a System Member killed or disabled while Activated would be entitled to benefits through the agency's municipal pension program, and whether the death or injury would be considered in the line of duty. We intend that System Members remain fully eligible for local benefits during Federal Activation, and that, as a result, any death or injury during Activation should be considered to have occurred while the System Member was acting in the scope of employment. Federal Death Benefits. One Sponsoring Agency asked how a "Federal death benefit," if incurred, would be calculated. The "Federal death benefit" for System Members comprises two separate components: (1) A benefit payment under the Federal Employees Compensation Act; and (2) a payment under the Public Safety Officers' Benefit Act. The death and injury benefits available under each of those statutes are determined using formulas set forth in those statutes. Voluntary Contribution to Municipal Pension Plans. One Sponsoring Agency asked whether contributions to a municipal pension plan made voluntarily by System Members during an Activation, rather than contributions made by the System Member's employer under the terms of a collective bargaining agreement or other arrangement, are reimbursable by DHS. Voluntary employee contributions, as opposed to mandatory employer contributions, are not reimbursable expenses. Contributions to the Pension Plan !lased on Overtime. One Sponsoring Agency commented that under its benefits plan, salary is defined as the total actual fixed cash compensation, including overtime, and contributions to its pension plan are based on this total salary, including overtime. The Sponsoring Agency asked whether contributions to the pension plan based on overtime pay received during Activation reimbursable under this rule. Under § 208.40(a)(2), these cnntributions are reimbursable. Cost Sharing. One Task Force commented that § 208.23(f) refers to "Cost Sharing" but makes no distinction between "hard share," i.e., cash contributions, and "soft share," i.e., other value-added benefits provided by the Sponsoring Agency. We du not presently require Sponsoring Agencies to provide a cost share, either hard or soft, for preparedness or response funding. Please note that section 208.22(f) provides for cost sharing if it were required in the future. If we were to institute a cost -sharing requirement in the future, we would clearly indicate in the Cooperative Agreement whether VULAJO191I CI 4'VWa%.`J, r 1-"Fucu-,iuvo-oro:J-c4Nuuuuummur APPENDIX B Federal. Register/Vol. 70, No. 36 /Thursday, February 24, 2005/Rules and Regulations 9187 such cost share would he "hard" or "soft." Equipment Ownership. Several Sponsoring Agencies commented that the Proposed Rule does not address ownership or disposition of equipment purchased under this program. OMB Circulars A-87 and A-110 specify that equipment purchased with Federal Grant funds is the property of the grantee. However, title, use, management and disposition of equipment purchased under e grant or Cooperative Agreement is set out in 44 CFR 13.32, a ,government -wide rule to which OHS 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). DItS would generally expect to limit its exercise of this right to instances when a Sponsoring Agency indicates or demonstrates that the Sponsoring Agency cannot fulfill its obligations under the Memorandum of Agreement Maximum Pay Rate Table. Wo received the most number of comments concerning the Maximum Pay Rate Table (Table) identified in the Proposed Rule. For clarity, we set forth here the applicability of the Table and the process we will follow fur creating and updating the Table. Section 208,32 defines the "Maximum Pay Rate'1'oble" as "the DHS-issued table that identifies the maximum pay retes for selected System positions that may be used for reimbursement of Affiliated Personnel compensation and Backfill for Activated System Members employed by or otherwise associated with a for-profit Participating Agency," In that same section, "Affiliated Personnel" are defined as "individuals not normally employed by a Sponsoring Agency or Participating Agency and individuals normally affiliated with a Sponsoring Agency or Participating Agency as volunteers." One Sponsoring Agency commented that the Table seemed to contradict the principle or cost neutrality set forth prominently in the Proposed Rule. However, as defined, the Table applies only to those individuals who are not normally employed by a Sponsoring Agency or Participating Agency, or whose affiliation with a Sponsoring Agency or Participating Agency is as a volunteer; that is, an individual whom the Sponsoring Agency or Participating Agency does not normally compensate In any way, at any rate. The Table sets forth maximum rates for which we will reimburse the Sponsoring Agency for compensation 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. l.ikewise, the Sponsoring Agency may choose to enter into a Participating Agency agreement with the individual's employer, rather than use the individual as an Affiliated Personnel, in which case the Table would not apply. Consequently, only a Sponsoring Agency's choice to exceed the maximum rates set forth in the Maximum Pay Rate fable 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 the Table could be developed. We have inserted a new section 208.12, Maximum Pay Rate Table, to establish the process for creating, updating and using the Table. We are also publishing the Table as a Notice in the Federal Register and are asking for comments on both the Interim Rule and the Table before publishing the final 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 not 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 a non -dispatcher role es a canine search specialist). Although the Table would not necessarily apply to reimbursement for salary and benefits for that individual, Sponsoring Agencies 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 preclude the reimbursement of Backfill expenses for Affiliated Personnel under § 2013.39(g). Those commenters expressed concern that, since the highly -trained civilians such as physicians, structural engineers and canine handlers are typically Affiliated Personnel, reimbursement for Backfill expenses is important to securing the participation of these 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 only permissible way to reimburse Affiliated Personnel for Backfill costs is through Participating Agencies —neither we nor the Sponsoring Agencies have contractual or employment relationships with the individuals Backfllling the jobs of Affiliated Personnel. If reimbursement for Backfill expenses is a problem for Affiliated Personnel, we encourage them to have their employers or 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, Participating Agency, and § 208.12, Maximum Pay Rate Table,) Note, however, that compensation costs, for the purposes of reimbursement and Backfill, refer to the System Member's actual compensation, or the compensation of the individual who Backfills a position (which includes salary and benefits, as described in §§208.39 and 208.40), rather than billable or other rates that might be charged for services rendered to commercial cheats or patients. Creating, Updating and Using the Maximum Pay Rate Table, We have inserted a new section 208.12 in this rule to establish how we will create, update and use the Table to reimburse Affiliated Personnel (Task Force Physicians, Task Force Engineers, and Canine Handlers) and Backfill for Activated System Members employed by or otherwise associated with a for- profit Participating Agency; the Table applies only to these named categories. Section 208.12 describes the method fur determining maximum pay rates using United States Office of Personnel Management's (OPM) salary rates, and provides links to OPM's applicable salary rate tables and locality pay tables. The section provides that DHS will review and update the Table periodically (at least annually). DHS is publishing the initial Table in the Federal Register as a Notice with request for comments. DHS will publish subsequent revisions to the Table as Notices in the Federal Register. The section further states that a Sponsoring Agency may choose to pay Affiliated Personnel at a higher rate, but DHS will not reimburse the increment above the maximum rate specified in the Table. Resupply and Logistics Costs During a Federal Activation. One Sponsoring Agency noted that, under § 208.38, we will not reimburse costs incurred for resupply and logistical support during Activation. That section states that resupply and logistical support needed IJUI.UOlytI CI {velUpC rl..r. 41 -.......1? -1J1- I-4VLV-4V,O-171`0:1-44MVVVVW-V-6Vr APeliNl7i 91B8 Federal Register / Vol. 70, No. 36 /Thursday, ieruary 24, 2005 / Rules and Regulations during Activation are the responsibility of the Joint Management Team (JMT). The Sponsoring Agency asked, "What happens if the incident Management Team (now the JMTI cannot be established?' During Activation, we are responsible for resupply and logistics. Currently, we accomplish this responsibility through either the JMT, which operates in the field, or the Emergency Support Function 9 (ESF-9),22 which operates from the National Emergency Operations Center, an emergency coordinating center located at FEMA headquarters. M Dl -IS develops and evolves, we may change the names or functions of these teams; however, the responsibility for resupply and logistics will remain with us. Task Forces should not engage in resupply or logistical support during Activation unless coordinated through one of these teams, In extraordinary circumstances, e.g., if the Task Force cannot make contact with either the JMT or the EST. the Task Force should follow the instructions in § 208.44, Reimbursement for other costs. Absent such circumstances, we will nut reimburse casts incurred for resupply and logistical support during Activation. Compensation for Exempt System Members. Several agencies commented on the proposed reimbursement for compensation paid to Exempt System Members, i.e., System Members who are paid a salary, rather than an hourly wage, and are otherwise exempt from the Fair Labor Standards Act. One agency commented that reimbursement for Exempt System Members should be based on the employees` salary. converted to a 40 -hour workweek and then paid at that rate on an hourly basis during Activation. Another agency commented that the different methods of compensation calculation for Exempt and non-exempt System Members will result in non-exempt System Members receiving a greater amount of compensation during Activation than Exempt System Members, who are typically more experienced firefighters holding higher ranks in the Sponsoring Agency or Participating Agency. This agency speculated that the method of compensation calculation used in the Proposed Rule would result in fewer chief officers (who are typically i1 ESF-e, ur Itrnerguncy Support Function e. Urban Snatch and Rescue, is responsible to plan and coordinate the use of Whim Search rind lioscun list ets following an event that requires lamting, extricating anri providing immediate medical treatment of victims trapped in collapsed structures. ESF=9 also provides planning and coordination of tls&R assets whom they engage in other disaster -related assignments, classified as Exempt System Members) participating as System Members. There are two guiding principles underlying our compensation calculation rules: (1) Cost neutrality; and (2) customary and usual practice. The compensation calculation system for Exempt System Members complies with both of these principles. If an individual is classified as an Exempt System Member in his or her regular position with the Sponsoring Agency or Participating Agency, then this individual will receive compensation on a daily basis, rather than an hourly basis, regardless of the number of hours the individual works in a day. The rule provides reimbursement to the Sponsoring Agency or Participant Agency on this basis —that is, for the amount that the individual would have customarily and usually received. If the Sponsoring Agency or Participating Agency customarily and usually compensates Exempt System Members by paying a salary and overtime, or customarily and usually awards compensatory time or another overtime substitute for hours worked above a predetermined threshold, then the Sponsoring Agency may request reimbursement for the overtime amount. or the liquidated value of the compensatory time or other overtime substitute, in accordance with §§ 208.39(e)(5)(ii) and (iii). In this way, this rule abides by the principle of cost neutrality. One Sponsoring Agency asked that we examine the feasibility of giving Sponsoring Agencies the option of having chief officers appointed as Disaster Assistance Employees (DAE) (temporary DES employees) during Activation. In that case, those officers would be temporary Federal employees, would probably take a reduction in pay, and would tako vacation or administrative leave from the Sponsoring Agency or Participating Agency for the period of Activation. In turn, a DAE appointment might affect their pension and seniority rights. We believe that disadvantages of DAE appointments outweigh any benefits that chief officers might derive. and that the current language of this rule concerning Exempt System Members represents the best general practice. One Sponsoring Agency asked whether, under § 208.39(e)(3), chiefs compensated based on a 56 -hour workweek should be converted to a 40 - hour workweek for purposes of calculating reimbursable compensation under the rule. This Sponsoring Agency also noted that compensating individuals who customarily and usually work a 56 -hour workweek, by converting their hourly wage rate to a 40 -hour workweek, results in approximately 40 percent higher costs during Activation. Sponsoring Agencies and Participating Agencies that compensate employees based on a 56 - hour workweek take advantage of the partial overtime exemption set forth in section 7(k) of the Fair Labor Standards Act. As explained herein, we require that Sponsoring Agencies and Participating Agencies disregard the section 7(k) partial exemption in calculating personnel costs, and we will reimburse personnel costs based on a 40 -hour work week, as described in §208.39 of this rule. One Sponsoring Agency notes that the calculation of reimbursable personnel costs will place an extra burden on payroll staff, and there will most likely be personnel who will he eligible for overtime compensation immediately upon Activation since they have already exceeded the overtime threshold for that week. We have included an administrative allowance in the reimbursement for response costs, found at § 208.41, to compensate the Sponsoring Agency for this increased burden on payroll staff. We also provide for reimbursement of any additional salary and overtime costs in § 208.39(f), e.g., those incurred because a System Member is eligible for overtime compensation immediately upon Activation. Reimbursement for Personnel Costs for Equipment Cache Rehabilitation. Under § 208.43, we will reimburse Sponsoring Agencies for personnel costs associated with equipment cache rehabilitation up to the number of hours specified in the Demobilization Order." One Sponsoring Agency stated that the number of hours specified in the Demobilization Order should be an estimate only, rather than a fixed limit, and asked whether there is an appeal process for the number of hours specified in the Demobilization Order, or another mechanism for requesting additional hours based on unforeseen circumstances. There is no appeal process for the number of hours specified in the Demobilization Order. However, if the Sponsoring Agency feels that unforeseen circumstances will prevent it from completing its equipment cache rehabilitation within the specified number of hours, the Sponsoring Agency should follow the _] A numehitixation Order is a OHS communication that terminates an Alert or Activation and identifies oust and time allowances for rehabilitation. uuLoaiyir c ivCiuNt tu. tiwanyr r-4..1.4t.,wuwo-orou-c-hnuuouuri"ur AN't?ND X i33 Federal Register/ Vol. 70, No. 36 / Thursday, iFebruary 24, 2005 / Rules and Regulations 9189 procedures in § 206.44 for reimbursement of other costs. Reimbursement for Other Costs. Section 208,44 sets a procedure for Sponsoring Agencies to follow if the Sponsoring Agency or the Task Force believes that it must incur an expense not included in subpart C for which it expects to request reimbursement. Section 208.44 requires that the Sponsoring Agency request in writing permission from DHS to make the expenditure or, if advance permission in writing is not possible to obtain, to moot three criteria before making the expenditure, including requesting and receiving advance verbal approval. One agency commented that during an extreme emergency, in particular during the initial 24- to 48 -hours of an Activation, it can be difficult to obtain written or verbal approvals, and that personnel authorized to approve expenditures are not available 24 hours a day during this period. Moreover, this agency commented that Joint Management Teams, in the past, have left requests for resupply unanswered for extended periods of time. The agency recommended that we empower Task Force Leaders to make procurement decisions. We feel that this comment addresses operational problems rather than regulatory issues. Many of these problems will be alleviated by the construction of the new DHS operations center that will be staffed 24 hours a day during an Activation, and by assuring that there is at least one person on duty in the operations center who holds delegated authority to authorize procurements. Moreover, the revised Equipment Cacho List 24 provides for the purchase of multiple, back-up methods of communication to assure that Task Forces can communicate with the operations center under any circumstances. We believe that the rule controls the costs associated with Activation and limits duplicative procurement without compromising responder safety. Advance of funds. Section 208.45 states that we will provide the Sponsoring Agency with an advance of funds up to 75 percent of the estimated personnel costs of the Activation. Several agencies commented that we should increase this amount to 90 percent of the estimated personnel costs. These agencies commented that since personnel costs of an Activation " Thu h'quiprne nt Cacho List is the DNS-imam/II list ttu t donnas: (a) The equipment and supplies Huai lJS&R will furnish la Sponsoring Agannies; and (h) tha mnxirnwit quantttion and typos of eetuipneent and supplioa that o. Sponsuring Agonuy mny pun:hose and mnintnin with DI IS funds. can exceed $1 million, an advance up to 75 percent of that amount still leaves the Sponsoring Agency with approximately $250.000 in outlays for personnel costs far which it must wait for up to 120 days or more for reimbursement. The financial burden of these outlays would be compounded in the event of multiple Activations within a relatively short time period. Wo believe that up to 75 percent is the optimal amount for an advance of funds because it balances the need for funds against the possibility of overestimated funds, As one commenter pointed out. for many year° wo 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 coat data from a number of previous Activations. It also recognizes the financial burden borne by the Sponsoring Agencies in carrying, even temporarlty, these additional salary costs. However, Activations often last for a shorter period of time than we use to calculate the estimated personnel costs for the Activation, as was the case recently with Hurricane Isabel when teams were activated for fewer than 7 days. As one commenter pointed out, some percentage of personnel costs may be questioned and ultimately disallowed as a result of the reimbursement review process. For those reasons, at this time, we believe that up to 75 percent of estimated personnel costs is the best amount for an advance of funds. Wo expect to review Sponsoring Agencies' experience periodically under this provision, and will moko rovisiona as warranted. Deadline for Submission of Claims. One agency commented that the deadline for submission of claims comes too soon after an Activation has ended. Currently, §208.52 specifies that Sponsoring Agencies must submit claims for reimbursement within 90 days of the conclusion of the Activation. Section 208.52 also states that DRS may extend and specify the time limitation upon a written request and justification from the Sponsoring Agency. The commenting agency noted that it could take many weeks to obtain certain items, often because of manufacturers' inventory status. The agency stated that setting a deadline of 120 days would obviate the need for a Sponsoring Agency to apply for repeated extensions. We believe that tho 90 -day timcframo for submission, with the opportunity for Sponsoring Agencies to apply for 30 -day extensions, is the better policy. In the past, we found that Sponsoring Agencies often do not submit claims for reimbursement in a timely manner. This tendency interferes with our ability administratively to "close out" the accounts we set up for each major disaster or emergency, and also results in Sponsoring Agencies carrying unreimhursed 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 ot'the Activation. while permitting Sponsoring Agencies to apply for 30 -day extensions at their option. Reevaluation and Potontia! Rovician of the Rule. One agency commented that we should provide a date certain for reevaluation and potential revision of this rule. The agency believed that providing this date certain was important because some provisions of the rule will require additional discussion and development, and other issues may arise after the rule is implemented. We do not believe that there is a need to provide a date certain by which we will reevaluate and, if necessary. revise the rule. However, we will work with our State and Local Government partners through the National Urban Search and Rescue System Advisory Committee and its Legal Issues Working Group to evaluate this rule, measure its efficacy, and develop revisions as necessary. Task Force Leader, One Sponsoring Agency commented that this rule should include a definition of the role and responsibilities of the 'frisk Force Leader, the highest leadership position an a US&R Task Force. The commenting agency stated that "[tihe Task Farce Leader is the individual during a deployment who is in control and responsible for the entire Task Force. in addition to reporting to 1:^EMA (whether the FEMA Emergency Support Team (EST) or the 1ST [now [Mil the Task Force Leader is the individual that the Sponsoring Agency designates to represent the Sponsoring Agency both financially and legally while the Task Force is deployed." We feel that the roles and responsibilities of the Task Force Leader should not be included in the rule. We have developed and published a Position Description for the Task Force Leader, and have described the roles and responsibilities of the Task Force Leader in several operational documents. These descriptions may change over time, and we want to retain flexibility by including these descriptions in operational documents rather than in the rule. Moreover, different Sponsoring Agencies have vested their Task Farce Leaders with uul.0 Jly.l 1 Ca Ive1upu 1v.'1....4J ,-jr 0J-4.1•MPLAAJVriPtUr oix 9190 Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 /Rules and Regulations different levels of authority. For these reasons, we have not defined the roles and responsibilities of the Task Force Leader in the rule. Use of Federally Purchased Equipment for Local Use in Daily Operations. One commenter noted that, in the federalism Summary impact Statement included with the Proposed Rule, we stated that "Equipment and supplies purchased with Federal funds may be used to respond to state disasters or emergencies," The commenter asked whether the intent of the rule was to prevent the use of federally purchased equipment for daily operations. We intend the System to provide a Federal capability to respond to major disasters or emergencies involving structural collapse. weapons of mass destruction, or other incidents that the President declares. A Sponsoring Agency may use equipment and supplies purchased with Federal funds to respond to disasters or emergencies requiring urban search and rescue response at the state and local level, and if necessary, to repair or replace equipment so used at the Sponsoring Agency's expense. 1-lowever, we do not intend that Sponsoring Agencies use federally purchased equipment in routine, day-to-day operations. Indirect Costs. Ono Sponsoring Agency commented on our prohibition of reimbursement for indirect costs related to response, and our 7.5 percent limitation on indirect costs related to preparedness. The commenting agency noted that this limitation on indirect costs is inconsistent with other FEMA programs and diverges from standard Federal indirect cost percentages, The commenting agency staled that this limitation could threaten the ability of that Sponsoring Agency to remain in the System, stating that the "work burden formulas presuppose economies of scale for a larger, pre-existing agency," We brought this issue to the National US&R Advisory Committee, which recommended retention of the indirect costs policy as in the proposed rule. We agree. This limitation is not inconsistent with other limitations applicable to FEMA programs. Accordingly, we have not changed this section. Note that this limitation applies only to Preparedness Cooperative Agreements, which apply over the course of at least one year and to which indirect cost principles can be applied readily. Except as provided in § 208.41, we allow no indirect costs under Response Cooperative Agreements. US&R deployments are most often short-term, on the order of 10-14 days. Consistent with section 407 of the Stafford Act, we will allow the administrative allowance listed in § 208.41 of this part in lieu of attempting to establish indirect cost rates for short-term deployments. Administrative Procedure Act Determination We are publishing this Interim Rule under the Administrative Procedure Act, 5 U.S.C. 553, with our request for public comments, Concurrently with publication of the Interim Rule, we are publishing the Maximum Pay Rate Table (Table) in the Federal Register as a Notice. We published a Proposed Rule, National Urban Search and Rescue Response System, on December 18, 2002, 67 FR 77627-77640, and received over 30 comments from various Task Forces in the National US&R Response System. We discuss the comments in the preamble of the Interim Rule, indicating where we agree with the comments and have made changes, and also where we do not agree with the comments. We did not have the Table prepared at the time we published the Proposed Rule but received a large number of comments and questions about the Table. To provide an opportunity for comment before publishing the final rule, and because of the delay between the date of the Proposed Rule and the Interim Rule, we request that interested parties comment within 45 days of today's publication. The National tJS&R Response System provides a number of public services that are unique within the Federal Government. Members are experienced and trained professionals highly skilled in the often dangerous roles of searching for, extricating and providing initial medical care for victims from collapsed buildings, whether collapsed by natural or manmade causes. The searching is important to the public to ensure that every effort has been made to rescue people still alive within a collapsed structure, Members also have an important role in finding the bodies of those killed in the collapse, so that victims might be identified and returned to grieving families. The tasks performed and the dangers inherent in the work benefit other firefighters and disaster responders who do not have the specialized training and experience of the National US&R Response System Members and who are not put at risk by entering the collapsed structures when US&R teams are present. The Interim Rule is effective today, the date of publication. There is an urgent need within the National US&R Response System to standardize financial, administrative and operational functions among the 28 Task Forces located in 19 States. These needs include codifying the relationship between the Department of Homeland Security (DHS) and the Sponsoring Agencies of the 28 Task Forces, and standardizing the relationships of Sponsoring Agencies with their Participating Agencies and Affiliated Personnel. Efforts to standardize the Memoranda of Agreement between DHS and the Sponsoring Agencies, and in turn, the agreements between the Sponsoring Agencies and Participating Agencies and Affiliated Personnel, are essential to the effective functioning of the System and must be completed soon to inform, guide and govern all System participants uniformly in their respective roles, responsibilities and activities. In the years since September 11, 2001, Congress has appropriated increased funds to US&R for equipment, training, and other measures to ensure that each Task Force is fully staffed, trained and available for whatever disaster they may be called upon for help. It is imperative and urgent that there be full accountability for the funds granted to the Sponsoring Agencies, and that there be uniform standards that the Sponsoring Agencies can apply in the performance of their US&R responsibilities. This rule provides those standards; it is urgent that they be in effect as soon as possible, The direct effect of this rule is on the 28 Sponsoring Agencies. their Participating Agencies, and Affiliated Personnel —a relatively small, well- defined universe. The Sponsoring Agencies, the Advisory Committee of the National US&R Response System (Advisory Committee),25 the Working Groups 2n under the Advisory Committee, and others associated with the National US&R Response System have frequently and repeatedly requested publication and implementation of this rule, which they urgently need to fulfill their obligations 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 interest to make this Interim Rule x3 The Advisory Committee or the National US&R Response System provides advice, recommendations, and counsel on Ilia continuing development and maintenance of a Natinnal US&R Response System to Iha Under Secretary for Emergency Preparedness and Response. wile System hes several specialized Working Croups. e.g., command and general start, mudient, legal issues, training. etc.., that provide professional and technical advice on US&R issues to OHS through the National Advisory Committee. uul.uoiy.11 co IVCIupe 1'•'#VLV"AUV(7-0r0;)-LYMUUUVUPVIVr AP tavntx Federal Register/Vol. 70, No. 36/Thursday, February 24, 2005/Rules and Regulations 9191 effective upon publication (and to request comments on the Interim Rule and an the Table as published separately today as a Notice), DHS will review and evaluate any comments that it receives and will publish the final rule at a later date. National Environmental Policy Act 44 CFR 10.8(d)Q2)(ii) categorically excludes from actions such as the preparation, revision, and adoption of regulations, and specifically 44 CFR 10.8(d)(2)(xviii)(C), which relates to planning and administrative activities in support of emergency and disaster response and recovery, including deployment of urban search and rescue teams. Accordingly, we have not prepared an environmental assessment or environmental impact statement for this rule. Executive Order 1286&, 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 tho economy, productivity, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities; (2) Create o serious inconsistency or otherwise interfere with an action taken or planned by mother agency; (3) Materially alter the budgetary impart 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 rule, 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 1990s without formal regulations. The first ten years or so were formative years with a great deal of flux. Federal appropriations were minimal until the events following September 11, 2001, which led to major changes in planning, operations, management, training and funding. Twenty US&R teams responded to the World Trade Center and five responded to the Pentagon. After -action evaluations showed the need 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 as a cohesive whole. Congress appropriated larger sums to support the program, mandating that the program not add new task forces until existing task forces were fully equipped and trained. Spurred by the response of Congress and the Administration, we 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, we had little leverage to standardize the program. 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 the program demand formal regulations. For these reasons, we rejected the status quo ante. Management by Administrative Directives. We rejected this alternative on 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 need to standardize the financing, administration and operation of the USHIR program. Cancel the Program. 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 from 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 program has garnered a well- and hard- earned recognition of its effectiveness, with strong support from Congress. the Administration, and its Sponsoring and 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 Member of Congress, and none from the public at large. We reviewed the comments, accepting some, rejecting some, This preamble and Interim 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 Maximum Pay Rate Table (Table). in order to have that part of the 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. Economic Significance of the Rule. This rule will not have an 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 (iIS&R)'i'ask 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 excess property. This interim rule impacts 28 Sponsoring Agencies, 26 of which are from local communities, 2 are associated with state universities, All of 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 US&K Response System. I1SttrR-related ensts of Participating Agencies are paid by VHS through the Sponsoring Agencies. Similarly, expenses of Affiliated Personnel are reimbursed through the Sponsoring Agencies. DI -IS has designed the National US&R Response System to be as cost neutral to Sponsoring Agencies as Federal law authorizes, 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 through preparedness Cooperative Agreements. When DHS activates a US&R Task Force we reimburse the Sponsoring Agency far 100 per cent of its direct eligible costs incurred, including overtime and Backfill 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 LA/L.11019r, ErrveIuIJe IV.' + »-fir rWVCV-4uA0-Dro:J-c°RnV1AAJWARivr AP'GNDIX 9192 Federal Register/Vol. 70, No. 36/Thursday, February 24, 2005/Rules and Regulations below in the materials on the Paperwork Reduction Act. We expect that uur Cooperative Agreements and their associated indirect cost rates will cover the eligible costs that the Sponsoring Agencies incur to participate in the National US&R Response System. Costs to DHS to ndminister the National US&R Response System Include the salaries and expenses of an 8 -person staff, and the indirect staff costs for financial, acquisition, logistics and other administrative services provided by DHS and FEMA. Current appropriations limit administrative costs to 3 percent of the total amount appropriated for US&R. FEMA's planning and program guidance for fiscal years 2005 through 2009 set funding levels of $6.438 million for the National US&R Response System, representing the baseline nondisaster-specific budget for operating expenses. In the past two years, congressional annual appropriations for US&R were $60 million, most of which US&R passed to the Sponsoring Agencies pursuant to Cooperative Agreements. FEMA passes the amounts appropriated to the Sponsoring Agencies in preparedness Cooperative Agreements funded 100 percent by the Federal Government to cover planning, training, equipment or other essentials to fulfill the US&R mission, which do not impose conditions on the Sponsoring Agencies making them economically significant. Nor would Cooperative Agreement funding adversely affect in a material way the economy, a sector of the economy, productivity, competition, lobs, the environment, public health or safety, or State, local or tribal governments or communities. This rule is a significant regulatory action, but not an economically significant regulatory action within the definition of section 3(f) of Executive Order 12866, and it adheres to the principles of regulation of the Executive Order, The Office of Management and Budget has reviewed this rule under the provisions of the Executive Order. Regulatory Flexibility Act, 5 U.S.C. 801 Under the Regulatory Flexibility Act, agencies must consider the impact of their rulemakings on "small entities" (small businesses, small organizations and local governments). The Act also provides that, if a regulatory flexibility analysis is not required, the agency must certify in the rulemaking document that the rulemaking will not "have a significant economic impact on a substantial number of small entities." This rule standardizes the financing, administration and operation of the National Urban Search and Rescue Response System (System or US&R), which FEMA established under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The System currently comprises 28 US&R Task Forces in 19 States. A State agency or local public safety agency (Sponsoring Agency) typically sponsors a Task Force,a7 staffed primarily by local fire department and emergency services personnel, and include Joint Management Teams (JMT) and other overhead or technical teams. None of the Sponsoring Agencies are in communities with populations fewer than 50,000. The governments of the Sponsoring Agencies are urban or State instrumentalities and none qualify as a "small governmental jurisdiction" within the meaning of 5 U.S.C. 601(5). Some of the Participating Agencies are small businesses, such as engineering firms and HMOs. DHS reimburses Sponsoring Agencies for the eligible costs that the Sponsoring Agencies incur in reimbursing their Participating Agencies. DHS expects Participating Agencies to receive full reimbursement for the salaries and expenses of their personnel who are participating System Members, indirect costs up to 7.5 percent, per diem, travel and related costs when. Task Forces activated, and bac:kfill expenses. DHS has designed the US&R program to be as cost neutral to Sponsoring Agencies as Federal law authorizes. When DIIS activates a US&R Task Force it reimburses the Sponsoring Agency for its direct costs incurred, including overtime and Backfill costs, and indirect costs capped at 7.5 percent of direct costs. Upon activation, System Members become Temporary Excepted Federal Volunteers entitled to the benefits of the Federal Employees Compensation Act (FECA) and the Federal Tort Claims Act (FICA). In some instances, State workers' compensation benefits exceed those available under MCA, and the The Tusk Dorcas also respond to disasters and emergencies in their homo states as State, resources. DHS does not directly reimburse Sponsoring Agencies of the Task Forces for the costs that they Incur when deploying in their home stat°. although in a Stuto deployment Task Forces may use equipment that they have purchased with OHS grail funds and Federal property that is in their custody. Subpart G of this rule does not cover in- state deployment of US&R moo However, Federal reimbursement for the cost of an in stale deployment may be available through DHS's Public Assistance Program under regulations published at 44 CFR part 208. In addition, the Office et Foreign Disaster Assistance of the. U.S. Agency for International Development {USAir)) elten uses the services of certain US&R Task Forces to deliver humanitarian aysistrrnco abroad tinder agreements to which MS is not a party. The rule does not affect the relationships between USAIll end the Sponsoring Agencies of the Task Fon:es. difference between the State benefits and the Federal benefits may have to be borne by the Sponsoring Agency. US&R Task Forces also must maintain minimum training requirements that DHS prescribes. Under current interpretations by the Department of Justice, the F"i'CA covers System Members during Task Force activations, but does not apply to training activities. This lack of F'I'CA 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 DIIS could take to provide liability coverage for System Members during US&R training events. DHS assumes that the professional skills necessary for preparation of the reports and records are within the capabilities of the Sponsoring and Participating Agencies. DI IA further assumes that Sponsoring and Participating Agencies incur no extra, unreimbursed costs for sound administration and accountability that Federal Cooperative Agreements require of any recipient of such awards. We have no basis for estimating the expected cost or range of costs per impacted Sponsoring or Participating Agency. DHS is not aware of any rules that may duplicate, overlap or conflict with this rule. In our discussion of E.O. 126tib above, we considered several alternatives to this rule, including status quo ante, cancellation of the program, management by program directives, and this interim rule, None of the alternatives to this rule met DIIS needs to standardize the financing, administration and operation (Atha US&R System; none provided differing compliance or reporting requirements, or clarified, consolidated, or simplified compliance and reporting, or exempted any of the Sponsoring Agencies from coverage of the rule. For the reasons stated, we certify under 5 U.S.C. 605(b) that this Interim Rule will not have a significant economic impact on a substantial number of small entities and does not apply to this interim rule. Paperwork Reduction Act of 1995 DHS has determined that the implementation of this rule is subject to the Paperwork Reduction Act of 1995, 44 U,S.C. 3501-3520. As the Paperwork Reduction Act of 1995 requires and, concurrently with this rule, we have submitted a request for Office of Management and Budget (OMB) review and approval of a new collection of Lout,uOlyll cl iv vit.op IL). 4+'_4..), r 1 Gu-'RUJO-04- O,-GYtAuuuuuPv-%ur Federal Register/ Vol. AP ENDIX 70, No. 36/Thursday, February 24, 2005 /Rules and Regulations 9193 information, which is contained in this rule. The collection of information complies with provisions of the Paperwork Reduction Act of 1995, 44 IJ.S.C. 3506(c)(2)(A). We invite the general public to comment on the collection of information. Collection of Information Title: Urban Search and Rescue Program, US&R grant application forms approved by OMB under Control Number 1660-0025, which expires July 31, 2007, are: Form Numbers: SF 424, Application for Federal Assistance; OHS Form 20- 10, Financial Status Report; DHS Form 20-16, Summary Sheet for Assurances and Certifications; OHS Form 20-16A, Assn rances—Non-Construction Programs; DHS Form 20-16C, Certifications Regarding Lobbying; Debarment. Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements; DHS Form 20-20, Budget Information —Non - Construction Programs; and SF LLI., 1isclosure of Lobbying Activities, Abstract: This information collection is to implement the National Urban Search and Rescue System (US&R), by which DIIS provides specialized lifesaving assistance during major disaster or emergency. US&R operational activities include locating, extricating and providing on -site • medical treatment to victims trapped in collapsed structures, weapons of mass destruction events, and when assigned, incident command or coordination of other operational activities. In order to implement the US&R program DHS must collect certain types of information, including grant applications, budget and budget narrative, financial status reports, assurances and certifications, performance information, and requests for advances or reimbursement on forms approved by OMB under Control Number 1660-0025. Affected Public: State, local and Indian tribal governments. Estimated Total Annual Burden (fours: 803 hours, A breakdown of the burden follows; DHS forms No. 01 responders (A) Frequency of response (8) Hours per response and record- keeping (Cy Annual bur- den hours (A x B x C) The following forms 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--16C, Summary Sheet for As- surances and Certifications. 28 1 30 minutes 14 hours. SF LLL, Disclosure of Lobbying Activities 28 1 10 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 Reimbursement . 28 2 4 hours 224 hours, Subtotal 224 803 hours. OMB Number: New. Ahstroct: In order to implement the 1JS&R program, DHS must collect certain types of information not included in OMB Control Number 1660-0025, including memoranda of agreement, program narrative statements, grant awards, progress reports, extension or change requests, closeout information and audits. Affected Public: State, local and Indian tribal governments. Estimated Total Annual Burden Hours: 1181 hours. A breakdown of the burden follows: DHS forms No. of responders (A) Frequency of response (B) Hours par response and recordkeeping (C) Annual burden hours (A x B x C) 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- zatians. 28 1 30 hours 840 hours. Memoranda of Agreement 28 1 (}) 8 Subtotal 145 1181 hours. Total hours 369 1 1984 hours. 1 After we publish the final rule, we will prepare a standardized, streamlined memorandum of agreement in consultation wi h the National US&R Response System Advisory Committee and its Legal Issues Working Group. Wtien completed, we will make a second Paperwork Reduc- tion Act submission lo OMB. Estimated Times and Costs: The approximate annual salary of State and local staff who will complete the forms is $35,000. The approximate hourly rate of pay is $18.90 ($35,000 divided by 1850 hours). The total cost to grantees is estimated to be $37,498. The cost to DHS is largely personnel salary costs to review and analyze the information collected on these forms — for all OHS grant programs, not just US&R grants, which is a significant portion of grants management annual work. We estimate that for the US&R program, DHS Headquarters would expend approximately 672 hours on analysis, or an average of 24 hours per program. We estimate the cost to DHS to be $14.112 (672 hours times $21 per hour of staff work). Printing costs are minimal because the forms are available in electronic format. LJULU,IyId Cr IYe,UF/e ILJ. '-,.... `iJN.']r 1-wucv-•+vyo-orov-4•+r1,wuvvrutvr APPENDIX 9194 Federal Register/ Vol. 70, No. 36/Thursday, February 24, 2005 / Rules and Regulations The total annual estimated time and costs are 1984 hours and $37,498 cost to applicants and $14,112 cost to DHS. This calculation is based on the number of burden hours for each type of information collection/form, as indicated above, and the estimated wage rates for those individuals responsible for collecting the information or completing the forms. The new collection is required for sound grants management and compliance with OMB Circulars and DHS regulations. FOR FURTHER INFORMATION CONTACT: Contact Michael Tamillow, Emergency Preparedness and Response Directorate, Department of Homeland Security, 500 C Street, SW., Washington, DC 20472, telephone (202) 646-2549. facsimile (202) 646-4684, or e-mail mike.tomillaw@dhs.gov for additional information. You may contact Muriel B. Anderson for copies of the proposed collection of information at (202) 646- 2625 or (facsimile) (202) 646-3347, or e- mail informationcollections@dhs.gov. Executive Order 13132 Federalism - Federalism Summary Impact Statement Executive Order 13132 requires DHS to develop a process to ensure "meaningful and timely input by Slate and local officials in the development of regulatory policies that have federalism implications," Such policies are defined in the Executive Order to include rules that have "substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among tho various levels of government." We havo analyzed this interim rule in accordance with the principles and criteria in the Executive Order and has determined that this interim rule would not have a substantial direct effect on the States. on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. The rule imposes no mandates on State or local governments; participation in the National US&R Response System is strictly voluntary. Moreover, one of the most significant objectives of this program is to build State and local tJS&R capability. The US&R program recognizes the primary role of State and local governments in responding to disasters and emergencies. Equipment and supplies purchased with Federal funds may be used to respond to in -state disasters and emergencies. The teams may only be deployed across State lines when released by their home State. The assistance these teams provide, like other assistance under the Stafford Act, is only furnished when disaster or emergency needs exceed the combined State and local capabilities and the Governor requests the assistance. 'Therefore, we certify that this interim rule does not have federalism implications as defined in Executive Order 13132. While this interim rule does not have federalism implications, this rule has boon developed through a collaborative process with representatives of State and local governments. As noted above, the Legal Issues Working Group, a subgroup of the National US&R Response System Advisory Committee, developed the original draft of these regulations. The National US&R Response System presented a draft to DHS. The Legal issues Working Group and the National US&R Response System Advisory Committee both comprised Federal, State and Local Government officials, as well as representatives of labor organizations, some of whose members serve on the US&R Task Forces. Congressional Review of Agency Rulemaking We have sent this final rule to the Congress and to the General Accounting Office under the Congressional Review of Agency Rulemaking Act, Pub. L. 104- 121. The rule is not a "major rule" within the meaning of that Act. Lt standardizes the financing, administration and operatinn of the National Urban Search and Rescue Response System, a cooperative effort of the Department of Homeland Security, participating State emergency management agencies and local public safety agencies across the country. The rule will not result in a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. It will not have "significant adverse effects" on competition, employment, investment, productivity, innovation, or on tho ability of United States -based enterprises to compete with foreign - based enterprises. This rule is suhjoct to the information collection requirements of the Paperwork Reduction Act and OMB has assigned Control No. 1660- 0025, The rule is not an unfunded Federal mandate within the meaning of the Unfunded Mandates Reform Act of 1995, Pub. L. 104--4, and any enforceable duties that we impose are a condition of Federal assistance or a duty arising from participation in a voluntary Federal program. List of Subjects in 44 CFR Part 208 Disaster assistance, Grant programs. ■ Accordingly, we add part 208 to title 44. chapter I of the Code of Federal Regulations, as follows: PART 208 -NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM Subpart A --General Sec. 208.1 Purpose and scope of this part. 208.2 Definitions of terms used in this pert. 208.3 Authority for the National Malt Response System. 208.4 Purpose for System. 208.5 Authority of the Director of the Response Division (Director). 208.6 System resource reports. 208.7 Enforcement. 208.8 Code of conduct. 208.9 Agreements between Sponsoring. Agencies and Participating Agencies. 208.10 Other regulations. 208,11 Federal status of System Members. 208.12 Maximum Pay Rate Table. 208.13-208.20 [Reserved] Subpart B -Preparedness Cooperative Agreements 208.21 Purpose. 208.22 Preparedness Cooperative Agreement process. 208.23 Allowable costs under Preparedness Cooperative Agreements, 208.24 Purchase and maintenance of items not listed on Equipment Cache List. 208.25 Obsolete equipment. 208.26 Accountability for use of funds. 208.27 Title to equipment. 208.28-208.30 I Reserved i. Subpart C -Response Cooperative Agreements 208.31 Purpose. 208,32 Definitions of terms used in this subpart. 208.33 Allowable costs. 208.34 Agreements between Sponsoring Agencies and others. 208.35 Reimbursement for Advisory. 208.36 Reimbursement for Alert, 208.37 Reimbursement for equipment and supply costs incurred during Activation. 208.38 Reimbursement for re -supply end logistics costs incurred during Activation, 208.39 Reimbursement for personnel costs incurred during Activation. 208.40 Reimbursement of fringe benefit costs during Activation, 208.41 Administrative allowance. 208.42 Reimbursement for other administrative costs. 208.43 Rehabilitation. 208.44 Reimbursement for other costs. 208.45 Advance of funds. 208.46 Title to equipment. 208.47-208.50 (Reserved' Subpart D--Relmbursement Claims and Appeals 208.51 General. 208.52 Reimbursement procedures. I.lV4.U311yII GI IV CIVp.JC ILO Y4.YJ- r I -NVLV-HUVO-aroJ-L'hl1UVUVU,vwr AP ENDIX Federal Register /Vol. 70, No. 38 /Thursday, February 24, 2005 / Rules and Regulations 9195 208.53-208.59 'Reserved' 208.60 Determination of claims. 200.61 Payment of claims. 208,62 Appeals. 208.63 Request by OHS for supplemental information. 208.64 Administrative and audit requirements. 208.65 Mode of transmission. 208.66 Reopening of claims for retrospective or retroactive adjustment of costs. 208.67-208.70 [Reserved] Authority: Robert 'r. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 through 5206; Renrganizstion Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp.. p. 329; Homeland Security Ad of 2002, 6 U,S,C. 101; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp.. p. 376; E.O. 12148, 44 FR 43239, 3 CFR, 1979 Comp., p, 412; E.O. 13286, 68 FR 10619, 3 CFR, 2003 Comp., p. 166. Subpart A —General § 208.1 Purpose and scope of this part. (a) Purpose. The purpose of this part is to prescribe policies and procedures pertaining to the Department of Homeland Security's (DHS) National Urban Search and Rescue Response System. (b) Scope. This part applies to Sponsoring Agencies and other participants in the National Urban Search and Rescue Response System that have executed agreements governed by this part. Part 201E 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 port does not apply to reimbursement under pert 208, subpart H, of this chapter. 1208.2 Definitton3 of terms used in thin part. (a) General. Any capitalized word in this part is a defined term unless such capitalization results from the application of standard capitalization or style rules for Federal regulations. The following definitions have general applicability throughout this part; Activated or Activation means the status of a System resource placed at the direction, control and funding of DHS in response to, or in anticipation of, a presidential declaration of a major disaster or emergency under the Stafford Act. Activation Order cueduii the DHS communication placing a System resource under the direction, control, and funding dot's. Advisory means a DHS communication to System resources indicating that an event has occurred or DIES anticipates will occur that may require Alert or Activatinn of System resources. Alert means the status of a System resource's readiness when triggered by an Alert Order indicating that DHS 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. Eacklill means 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 instrument 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 activity. Daily Cost 'Estimate means a Sponsoring Agency's estimate of Task Force personnel compensation, itemized fringe benefit rates and amounts including calculations, and 13ackfill expenditures for a 24 -hour period of Activation. Deputy Director moans the Deputy Director of the Response Division, Emergency Preparedness and Response Directorate, Department of Homeland Security, or other person that the Director designates. DHS means the Department of Homeland Security. Director means the Director of the Response Division, Emergency Preparedness and Response Directorate, DHS. Disaster Search Canine Team means a disaster search canine and handler who have successfully completed the written examination and demonstrated the performance 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 II and Type 1. Emergency means 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 and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United Slates. Equipment Cache list moans 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 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. Fedora, 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, as well as individual agency statutory authorities, and supplements other Federal emergency operations plans developed to address specific hazards. Joint Management Team or /MT means a multi -disciplinary group of National Disaster Medical System (NDMS), Urban Search and Rescue (US&R), and other specialists combined to provide operations. planning, logistics. finance and administrative support for US&R and NDMS resources, and to provide technical advice and assistance to States and Local Governments. Local Government means any county, city, village, town, district, or other political subdivision of any State; any federally recognized Indian tribe or authorized tribal organization; and any Alaska Native village or organization. Major Disaster means any natural 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, or explosion, 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, loss, 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 National Urban Search & Rescue Response System. Participating Agency means a State or Local Government, non-profit organization, or private organization WUI.U.alyd 1 CI IVCIUt1G IIJ. l-HUGU-'iUvf-Dro:YGW/1uuuuUty-ur At' 9:NDiXp 9196 Federal Register' Vol, 70, No. 361 Thursday, February 24, 20051 Rules and Regulations that has executed an agreement with a Sponsoring Agency to participate in the National US&R Response System. Personnel' Rehabilitation Period means the period allowed by DHS for a person's rehabilitation to normal conditions of living following an Activation. Preparedness Cooperative Agreement means the agreement between DHS and a Sponsoring Agency for reimbursement of allowable expenditures incurred by the Sponsoring Agency to develop and maintain System capabilities and operational readiness. Program Directive means guidance and direction for action t0 ensure consistency and standardization across the National US&R Response System. Program Manager means the individual, or his or her designee, within DHS who is responsible for day- to-day administration of the National US&R Response System. Program Office means the organizational entity within DHS that is responsible for day-to-day administration of the National US&R Response System. Response Cooperative Agreement means an agreement between DHS and a Sponsoring Agency for reimbursement of allowable expenditures incurred by the Sponsoring Agency as a result of an Alert or Activation, Sponsoring Agency means a State or Local Government that has executed an MOA with DHS to organize and administer a Task Force, Stafford Act moons the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 through 5206. State means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana islands. the Federated States of Micronesia or the Republic of the Marshall Islands. Support Specialist means a person participating in the System who assists the Task Force with administrative or other support during mobilization, ground transportation and demobilization as directed. System or National US&R Response System means the national US&R response capability administered by DHS. System Member means any Task Force Member, ]MT Member, Technical Specialist, Support Specialist or Disaster Search Canino Team. Task Force means an integrated US&R organization of multi -disciplinary resources with common communications and a leader, organized and administered by a Sponsoring Agency and meeting DHS standards. Task Force Member means a person occupying a position on a Task Force. Technical Specialist means a person participating in the System contributing technical knowledge and skill who may be placed on Alert or Activated as a single resource and not as a part of a JMT or a Task Force. US&R means urban search and rescue, the process of searching for, extricating, and providing for the immediate medical stabilization of victims who aro entrapped in collapsed structures. (b) Additional definitions. Definitions for certain terms that apply only to individual subparts of this part are located in those subparts. 5208.3 Authority for the National US&R Response System. (a) Enabling legislation. The Federal Emergency Management Agency established and operated the System under the authority of §§303, 306(a), 306(b). 403(a)(3)(H) and 621(c) of the Stafford Act, 42 U.S.C. 5144, 5149(a), 5149(b), 5170b(a)(3)(11) 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 redelegatod 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 12140. (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. 3208.4 Purpose for System. It is 1)EIS policy to devotep and provide a national system of standardized US&R resources to respond to Emergencies and Major Disasters that are beyond the capabilities of affected State and Local Governments. §208.5 Authority of the Director of the Response Division (Director). (a) Participation in activities of the System. The Director is responsible for determining participation in the System and any activity thereof, including but not limited to whether a System resource is operationally ready for Activation. (b) Standards for and measurement of System efficiency and effectiveness. In addition to the authority provided in §206.13 of this chapter, the Director may establish performance standards 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. 3208.7 Enforcement. (a) Remedies for noncompliance. In accordance with the provisions of 44 C1'R 13.43, if a Sponsoring Agency, Participating Agency, Affiliated Personnel or other System Member materially fails to comply with a term of a Cooperative Agreement, Memorandum of Agreement, System directive or other Program Directive, the Director may take one or mare of the actions provided in 44 CFR 13.43(a)(1) through (5). Any such enforcement action taken by the Director will be subject to the hearings. appeals, and effects of suspension and termination provisions of 44 CFR 13.43(b) and (c). (b) The enforcement remedies identified in this section, including suspension and termination, do not preclude a Sponsoring Agency, Participating Agency, Affiliated Personnel or other System Member from being subject to "Debarment and Suspension" under E.U. 12549, as amended, in accordance with 44 CFR 13.43(d). (c) Other authority for sanctions. Nothing in this section limits or precludes the application of other authority to impose civil or criminal sanctions, including 42 U.S.C. 5156. §208.8 Code of conduct. The Director wild develop and implement a code of conduct for System Members acting under DHS's direction and control. Nothing in this section or the DHS code of conduct will limit the authority of a Sponsoring Agency, Participating Agency or Cooperating Agency to apply its own code of conduct to its System Members or employees. if the MIS code is more restrictive, it controls. I-KA.U.31w! CI IveluJ IU. 4V4J/'1.7r e-YVGUWuo-or au-4,4MVUUuury u - AP tiNDI Federal Register/Vol. 70, No. 36/Thursday, February 24, 2005 /Rules and Regulations 9197 §208.9 Agreements between Sponsoring Agencies and Participating Agencies. Every agreement between a Sponsoring Agency and a Participating Agency regarding the System must include a provision making this part applicable to the Participating Agency and its employees who engage in System activities. § 208.10 Other regulations. The following previsions 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 DI{S in certain circumstances. (b) Section 206.11, which prescribes nondiscrimination in the provision of disaster assistance. (c) Section 206.14, which deals with criminal and civil penalties. (d) Section 206.15, which permits recovery of assistance by DHS. i208.11 Federal status of System Members. The Director will appoint all Activated System Members as temporary excepted Federal volunteers. The Director may appoint a System Member who participates in Alert activities as such a Federal volunteer. The Director may also appoint each System Member who participates in DHS-sanctioned preparedness activities as a temporary excepted Federal volunteer. DHS intends these appointments to secure protection for such volunteers under the Federal Employees Compensation Act and the Federal Tort Claims Act and do not intend to interfere with any preexisting ompinymont rolationehip between a System Member and a Sponsoring Agency, Cooperating Agency or Participating Agency. System Members whom DHS appoints as temporary excepted Federal volunteers will not receive any compensation or employee benefit directly from the United States of America for their service, but will be compensated through their Sponsoring Agency. § 208.12 Maximum Pay Rate Table. (a) Purpose. This section establishes the process for creating and updating the Maximum Pay Rate Table (Table), and the Table's use to reimburse Affiliated Personnel (Task Force Physicians, Task Force Engineers, and Canine Handlers) and Backlit) for Activated System Members employed by or otherwise associated with a for- profit Participating Agency. Section 206.32 defines the "Maximum Pay Rate 'fable" as "the OHS -issued table that identifies the maximum pay rates for selected System positions that may be used for reimbursement of Affiliated Personnel compensation and Backfill for Activated System Members employed by or otherwise associated with a for- profit Participating Agency." In that same section, the term "Affiliated Personnel" is defined as "individuals not normally employed by a Sponsoring Agency or Participating Agency and individuals normally affiliated with a Sponsoring Agency or Participating Agency as volunteers," (b) Scope of this section. (1) The Maximum Pay Rate Table applies to those individuals who are not normally employed by a Sponsoring Agency or Participating Agency, or whose affiliation with a Sponsoring Agency or Participating Agency is as a volunteer; that is. an individual wham the Sponsoring Agency or Participating Agency dnes not normally compensate in any way, at any rate. (2) The Table also applies to Backfill for Activated System Members employed by or otherwise associated with a for-profit Participating Agency. (c) Method for determining maximum pay rates, (1) DHS uses the United States Office of Personnel Management's salary rates, computed under 5 U.S.C. 5504, as the basis for the maximum pay rate schedule. DHS considers System members' experience and sets maximum pay rates at the maximum grade, middle step for each position, which demonstrates an experience level of five years. (2) The Office of Personnel Management (OPM) publishes salary and locality pay schedules each calendar year. (i) Physicians. DltS 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/HTML/0290.asp. (ii) ,engineers and Canine Handlers, Di IS uses the latest General Schedule pay scale for both positions. Both specialties are compared to the General Schedule pay scale to ensure parity with like specialties on a task force (canine handlers are equated with rescue specialists). The rates used in the initial Table can be found at http:// www.opm.govIoca/03tables/html/ hls.osp. (iii) Locality Pay. 'l'o determine adjustments for locality pay DHS uses the latest locality pay areas (including the "Rest of U.S," area) established by OPM. The rates used in the initial Table can be found at http://www.opm.gov/ oca/03tables/locdef asp. (3) Review and update. DHS will review and update the Table periodically, at least annually. The comments of Sponsoring and Participating Agencies and their experience with the Table will be considered and evaluated in the course of the reviews. (4) Initial rates and subsequent revisions, DHS will publish the initial maximum pay rate table in the Federal Register as a notice with request for comments. Subsequent revisions will be made to the pay rate table as OPM changes salary rates as described in this section. When subsequent revisions are made to the maximum pay rate table DHS will publish the new maximum pay rate table in the Federal Register. The rates will be effective for the latest year indicated by OPM.t (d) Application of the maximum pay rate table --(1) Applicability. The Maximum Pay Rate Table sets forth maximum rates for which DHS will reimburse the Sponsoring Agency for compensation paid to Activated Affiliated Personnel and as Backfill for Activated System Members employed by or otherwise associated with a for- profit Participating Agency. (2) Higher rates. The Sponsoring Agency may choose to pay Affiliated Personnel at a higher rate, but DHS will not reimburse the increment above the maximum rate specified in the Maximum Pay Rate Table. Likewise, the Sponsoring Agency may choose to enter into a Participating Agency agreement with the individual's employer, rather than use the individual as an Affiliated Personnel, in which case the Maximum Pay Rate Table would not apply. (.I) Compensation for Sponsoring Agency employees serving as Affiliated Personnel. An employee of a Sponsoring Agency serving on a Task Force in a capacity other than his or her normal job, e.g., a fire department dispatcher affiliated with the Task Force as a canine search specialist, as an Affiliated Personnel, would nut necessarily be subject to the Maximum Pay Rate Table for reimbursement for salary and benefits for that individual. However, Sponsoring Agencies may use the rates in the Maximum Pay Rate Table as a guide for establishing compensation levels for such individuals. (4) Backfill expenses for Affiliated Personnel under § 208.39(g). (1) The only way that DHS can reimburse for Backfill casts incurred for Affiliated Personnel is through Participating In some years the Waal year may net be the current calendar year. For instance, OPM did not change its pay rates for calendar year 2004. and the 2003 schedules apply. IJOuI.UJIy.I CIPVCIUt1C IU. 41,.4artur I-9Ucu-VUJo-oroJ-44Muuuuu/-Vtvr APetiNDIX pp 9198 Federal Register/ Vol. 70, No. 36 / Thursday, February 24, 20051 Rules and Regulations Agencies. If reimbursement for Backfill expenses is needed far Affiliated Persnnnel, DHS encourages them to urge their employers or professional association to seek Participating Agency status. (ii) Private, for-profit organizations. Participating Agency status is available to private, for-profit organizations. e.g., HMOs or medical or engineering professional associations, under the revised definition of "Participating Agency" set forth in this Interim rule. (See Definitions, § 208.2, Participating Agency, and § 208.32, Maximum Pay Rote Table). When a for-profit Participating Agency must Backfill an Activated System Member's position we will compensate that Participating Agency' up to the maximum rate provided in the Table. (iii) Compensation costs. DHS will reimburse for-profit organizations, for purposes of reimbursement and Backfill, for the System Member's actual compensation or the actual compensation of the individual who Backfills a position (which includes salary and benefits, as described in §§ 208,39 and 208.40), but will not reimburse for billable or other rates that might be charged for services rendered to commercial clients or patients. §§208,13-208.20 (Reserved] Subpart B—Preparedne88 Cooperative Agreements § 208,21 Purpose. Subpart B of this part provides guidance on the administration of Preparedness Cooperative Agreements. •208.22 Preparedness Cooperative Agreement process. (a) Application. To obtain DHS funding for an award or amendment of e Preparedness Cooperative Agreement, the Sponsoring Agency must submit an application. Standard form SF -424 "Application for Federal Assistance" generally will be used. However, the application must be in a form that the Assistance Officer specifies. (b) Award. DI•IS will award a Preparedness Cooperative Agreement to each Sponsoring Agency to provide Federal funding to develop and maintain System resource capabilities and operational readiness. For the purposes of the Preparedness Cooperative Agreement, the Sponsoring Agency will be considered the "recipient." (c) Amendrrrent—(1) Procedure. Absent special circumstances, DHS will fund and amend Preparedness Cooperative Agreements on an annual basis. Before amendment, the Assistance Officer will issue a call for Cooperative Agreement amendment applications. The Assistance Officer will specify required application forms and supporting documentation to be submitted with the application.. (2) Period of performance. Absent special circumstances, the period of performance for Preparedness Cooperative Agreements will be 1 year from tho date of award. The Assistance Officer may allow for an alternate period of performance with the approval of the Director. (3) Assistance Officer, The Assistance Officer is the only individual authorized to award or modify a Preparedness Cooperative Agreement. (d) Award amounts. The Director will determine award amounts on an annual basis. A Task Force is eligible for an annual award only if the Program Manager receives and approves the Task Force's current -year Daily Cost Estimate, (e) DHS priorities. The Director will establish overall priorities for the use of Preparedness Cooperative Agreement funds taking into consideration the results of readiness evaluations and actual Activations, overall priorities of DHS, and other factors, as appropriate. (f) Cost sharing. The Director may subject Preparedness Cooperative Agreement awards to cost sharing provisions. In the call for Preparedness Cooperative Agreement amendment applications, the Assistance Officer must inform Sponsoring Agencies about any cost sharing obligations. (g) Sponsoring Agency priorities. The Sponsoring Agency should indicate its spending priorities in the application. The Program Manager will review these priorities and will make recommendations to the Assistance Officer for negotiating the final agreement. (h) Responsibility to maintain integrity of the equipment cache. The Sponsoring Agency is responsible to maintain the integrity of the equipment cache, including but not limited to, maintenance of the cache, replacement of equipment or supplies expended in training, activations, or local use of the cache, and timely availability of the cache for Task Force Activations. § 208.23 Allowable costs under Preparedness Cooperative Agreements. System Members may spend federal funds that DHS provides under any Preparedness Cooperative Agreement and any required matching funds under 44 CFR 13.22 and this section to pay reasonable, allowable" necessary and allocable costs that directly support System activities, including the following: (a) Administration, including: (1) Management and administration of day-to-day System activities such as personnel compensation and benefits relating to System maintenance and development, record keeping, inventory of equipment, and correspondence; (2) Travel to and from System activities, meetings, conferences, training, drills and exercises; (3) Tests and examinations, including vaccinations, immunizations and other tests that are not normally required or provided in the course of a System Member's employment, and that DHS requires to meet its standards, (b) Training: (1) Development and delivery of, and participation in, System -related training courses, exercises, and drills; (2) Construction, maintenance, lease or purchase of System -related training facilities or materials; (3) Personnel compensation expenses. including overtime and other related expenses associated with System -related training, exercises, or drills; (4) System -required evaluations and certifications other than the certifications that DHS requires System Members to possess at the time of entry into the System. For instance, DHS will not pay for a medical school degree. paramedic certification or recertification, civil engineering license, etc. (c) Equipment: (1) Procurement of equipment and supplies specifically identified on the then -current DHS-approved Equipment Cache List; (2) Maintenance and repair of equipment included on the current Equipment Cache List; (3) Maintenance and repair of equipment acquired with DHS approval through the Federal Excess Property program, except as provided in § 208.25 of this part; (4) Purchase, construction, maintenance or lease of storage facilities and associated equipment for System equipment and supplies. (d) Disaster search canine expenses limited to: (1) Procurement for use as a System resource; (2) Training and certification expenses; (3) Veterinary care. (e) Management and administrative costs, actually incurred but not otherwise specified in this section that directly support the Sponsoring Agency's US&R capability, provided that such costs do not exceed 7,5 percent of the award/amendment amount, LoutAlaoyi1 Ci IVVILII.M KL/. .L f.)n.7r I-'#u4.v-YU.7o-171-0:!-t4MvuVvuYM'4vr AgetiamIXu Federal Register/Val. 70, No. 36/Thursday, Fehruary 24, 2005/Rules and Regulations 9199 §208,24 Purchase and maintenance at items not listed on Equipment Cache List. (a) Requests for purchase or maintenance of equipment and supplies not appearing on the Equipment Cache List, or that exceed the number specified in the Equipment Cache List, must be made in writing to the Program Manager. No Federal funds provided under any Preparedness Cooperative Agreement may be expended to purchase or maintain any equipment or supply item unless: (1) The equipment and supplies directly support the Sponsoring Agency's US&R capability: (2) The Program Manager approves the expenditure and gives written notice of his or her approval to the Sponsoring Agency before the Sponsoring Agency purchases the equipment or supply item. (b) Maintenance of items approved for purchase under this section is eligible for reimbursement, except as provided in § 208,26 of this subpart. §208.25 Obsolete equipment. (a) The Director will periodically identify obsolete items on the Equipment Cache List and provide such information to Sponsoring Agencies. (b) Neither funds that DHS provides nor matching funds required under a Preparedness Cooperative Agreement may be used to maintain or repair items that DHS has identified as obsolete, § 208.26 Accountability for use of funds. The Sponsoring Agency is accountable for the use of funds as provided under the Preparedness Cooperative Agreement, including financial reporting and retention and access requirements according to 44 CI"R 13.41 and 13.42. §208.27 Title to equipment. Title to equipment purchased by a Sponsoring Agency with funds provided under a DHS Preparedness Cooperative Agreement vests in the Sponsoring Agency, provided that DHS reserves the right to transfer title to the Federal Government or a third party that DHS may name, under 44 CFR 13.32(g), for example, when a Sponsoring Agency indicates or demonstrates that it cannot fulfill its obligations under the Memorandum of Agreement. §§208.28-208.30 .(Reserved! Subpart C —Response Cooperative Agreements § 208.31 Purpose. Subpart C of this part provides guidance on the administration of Response Cooperative Agreements. § 208.32 Definitions of terms used In this subpart. Affiliated Personnel means individuals not normally employed by a Sponsoring Agency or Participating Agency and individuals normally affiliated with a Sponsoring Agency or Participating Agency as volunteers, Demobilization Order means a DHS communication that terminates an Alert or Activation and identifies cost and time allowances for rehabilitation. Exempt means any System Member who is exempt from the requirements of the Fair Labor Standards Act, 29 U.S.C. 201 et seq., pertaining to overtime compensation and other labor standards, Maximum Pay Hate Table means the DHS-issued table that identifies the maximum pay rates for selected System positions that may be used for reimbursement of Affiliated Personnel. compensation and Backf 1l for Activated System Members employed by or otherwise associated with a for-profit Participating Agency. The Maximum Pay Rate Table does not apply to a System member whom a Sponsoring Agency or Participating Agency employs. Mobilization means the process of assembling equipment and personnel in response to an Alert or Activation. Non -Exempt means any System Member who is covered by 29 U.S.C. 201 et seq. Rehabilitation means the process of returning personnel and equipment to a pre -incident state of readiness after DHS terminates an Activation. § 208.33 Allowable costs. (a) Cast neutrality, DHS policy i3 that an Alert or Activation should be as cost neutral as possible to Sponsoring Agencies and Participating Agencies. To make an Alert or Activation cost - neutral, DIIIS will reimburse under this subpart all reasonable, allowable, necessary and allocable costs that a Sponsoring Agency or Participating Agency incurs during the Alert or Activation. (b) Actual costs. Notwithstanding any other provision of this chapter, DHS will not reimburse a Sponsoring Agency or Participating Agency for any costs greater than those that the Sponsoring Agency or Participating Agency actually incurs during an Alert, Activation. (c) Normal or predetermined practices. Consistent with Office of Management and Budget (OMB) Circulars A-21, A--07, A-102 end A- 110 (2 CFR part 215). as applicable, Sponsoring Agencies and Participating Agencies must adhere to their own normal and predetermined practices and policies of general application when requesting reimbursement from DHS except as it sets out in this subpart. (d) Indirect costs. indirect costs beyond the administrative and management costs allowance established by §200,41 of this part are not allowable. § 208.34 Agreements between Sponsoring Agencies and others. Sponsoring Agencies are responsible for executing such agreements with Participating Agencies and Affiliated Personnel as may be necessary to implement the Sponsoring Agency's Response Cooperative Agreement with DHS. Those agreements must identify established hourly or daily rates of pay for System Members. The hourly or daily rates of pay for Affiliated Personnel must be in accordance with, and must not exceed, the maximum pay rates contained in the then -current Maximum Pay Rate Table. §208.35 Reimbursement for Advisory. DHS will not reimburse costs incurred during an Advisory. §208.36 Reimbursement for Alert. (a) Allowable costs. DHS will reimburse costs incurred during an Alert, up to the dollar limit specified in the Alert Order, for the following activities: (1) Personnel costs. including, Backfiill, incurred to prepare for Activation. (2) Transportation costs relating to hiring, leasing, or renting vehicles and drivers. (3) The administrative allowance provided in § 208.41 of this part, (4) Food and beverages for Task Force Members and Support Specialists when DI IS does not provide meals during the Alert. DHS will limit food and beverage reimbursement to the amount of the then -current Federal rneals daily allowance published in the Federal Register for the locality where such food and beverages were provided, multiplied by the number of personnel who received them. (b) Calculation of Alert Order dollar limit. The Alert Order dollar limit will equal: (1) An allowance of 10 percent of the Task Force's Daily Cost Estimate; and (2) A supplemental allowance of 1 percent of the Task Force's Daily Cost Estimate for each 24 -hour period beyond the first 72 hours of Alert. (c) Non -allowable costs. DI'S will not reimburse costs incurred or relating to the leasing, hiring or chartering of aircraft or the purchase of any equipment. aircraft, or vehicles. vue.uoiya, ivewpe �v. we.ware�r i-wv u-wuag-oro;rerr+vvuvunr+yr At"I:NDIX pp 9200 Federal Register/Vol. 70, hio. 35/Thursday, February 24, 20051 Rules and Regulations §208.37 Reimbursement for equipment and supply costs incurred during Activation. (a) Allowable costs. DNS will reimburse costs incurred for the emergency procurement of equipment and supplies in the number, typo, and up to the cost specified in the currant approved Equipment Cache List, and up to the aggregate dollar limit specified in the Activation Order. The Director may determine emergency procurement dollar limits, taking into account previous Activation history, available funding, the extent and nature of the incident, and the current state of Task Force readiness. (b) Non -Allowable costs. DHS will not reimburse costs incurred for items that are not listed on the Equipment Cache List; for items purchased greater than the cost or quantity identified in the Equipment Cache List; or for any purchase of non -expendable items that duplicate a previous purchase under a Preparedness or Response Cooperative Agreement. § 208.38 Reimbursement for re -supply and logistics costs incurred during Activation. With the exception of emergency procurement authorized in the Activation Order, and replacement of consumable items provided for in § 208.43(a)(2) of this subpart. DHS will not reimburse costs incurred for re- supply and logistical support during Activation. Re -supply and logistical support of Task Forces needed during If the Sponsoring Agency or Participating Agency ' • (i) Customarily and usually compensates Ex- empt System Members by paying a salary, but not overtime, (n) Customarily and usually compensates Ex- empt System Members by paying a salary but not overtime (iii) Customarily and usually compensates Ex- empt System Members by paying a salary and overtime, (iv) Customarily and usually compensates Non - Exempt System Members by paying overtime after 40 hours per week, Activation are the responsibility of the Joint Management Team. §208.39 Reimbursement for personnel costs Incurred during Activation. (a) Compensation. DHS will reimburse the Sponsoring Agency for costs incurred for the compensation of each Activated System Member during Activation. Reimbursement of compensation costs for Activated Support Specialists will be limitod to periods of time during which they were actively supporting the Activation or traveling to or from locations et which they were actively supporting the Activation. The provisions of § 208.40 of this part govern costs incurred for providing fringe benefits to System Members. (b) Public Safety Exemption not applicable. DHS will reimburse Sponsoring Agencies for costs incurred by Non -Exempt System Members in accordance with 29 U.S.C. 207(a) of the Fair Labor Standards Act, without regard to the public safety exemption contained in 29 U.S.C. 207(k). In other words, DHS will reimburse Sponsoring Agencies on an overtime basis for any hours worked by Non -Exempt System Members greater than 40 hours during a regular workweek. (c) Tour of duty. The tour of duty for all Activated System Members will be 24 hours. DHS will reimburse the Sponsoring Agency for salary and overtime costs incurred in And the Sponsoring Agency or Participating Agency • ' ' Does not customarily and usually grant com- pensatory time or other form 01 overtime substitute to Exempt System members, Customarily and usually awards compen- satory time or other overtime substitute for Exempt System Members for hours worked above a predetermined hours threshold (for example, the Sponsoring Agency custom- arily and usually grants compensatory time for all hours worked above 60 in a given week). Customarily and usually calculates overtime for Exempt System Members ey paying a predetermined overtime payment for each hour worked above a predetermined hours threshold,. Does not customarily and usualiy grant com- pensatory time or other form of overtime substitute to Non -Exempt System members,. compensating System Members for meal periods and regularly scheduled sleep periods during Activation. Activated System Members are considered "on - duty" and must be available for immediate response at all times during Activation. (d) Regular rote, The regular rate for purposes of calculating allowable salary and overtime costs is the amount determined in accordance with §208,39(6)(1) through (3) of this subpart. (e) Procedures for calculating compensation during; Activation. A Sponsoring Agency or Participating Agency must: (1) Convert the base hourly wage of any Non -Exempt System Member regularly paid under 29 U.S.C. 207(k) to its equivalent for a 40 -hour work week; (2) Convert the annual salary of any salaried Non -Exempt System Member to its hourly equivalent for a 40 -hour workweek; (3) Calculate the daily compensation of Exempt System Members based on their current annual salary, exclusive of fringe benefits; (4) Calculate the total number of hours worked by each System Member to be included in the Sponsoring Agency's request for reimbursement; and (5) Submit a request for reimbursement under § 208.52 of this part according to the following table: Then the following compensation costs are allowable: 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 deity compensation equivalent calculated under §208.39(e)(3) of this part for each Activated Exempt System Member for each full or partial day during Activation AND the dollar value at the time of accrual of the compensatory lime 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 §206.39(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 Aclivaled 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. L/VI.0 JIy.II CI Ivelupe 1LJ. YI.i4.]M.7r 1-YVL1!-o+VUQ-Or UJ-LN/'SVVVVVHHVf DM 0 Federal Register/ Vol, 70, No. 36 /Thursday, February 24, 2005 /Rules and Regulations 9201 If the Sponsoring Agency or Participating Agency (v) Customarily and usually compensates Non - Exempt System Members according to a compensation plan established under 29 U.S.C. 207(k), (vi) Activates Personnel, who are customarily and usually paid an hourly wage according to the Maximum Pay Rate Mania, (vii) Activates Affiliated Personnel who are cus- tomarily and usually paid a daily compensa- tion rate according to the Maximum Pay Rale Table, (f) Reimbursement of additional salary and overtime costs. DHS will reimburse any identified additional salary and overtime cost incurred by a Sponsoring Agency as a result of the temporary conversion of a Non -Exempt System Member normally compensated under 29 U.S.C. 207(k) to a 40 -hour work week under 29 U.S.C. 207(a). (g) Reimbursement for Backfill costs upon Activation. DHS will reimburse the cost to Backfill System Members. Backfill costs consist of the expenses generated by filling the position in And the Sponsoring Agency or Participating Agency ' ' • Dees not customarily and usually grant com- pensatory lime or other form of overtime substitute to Non -Exempt System Members,. which the Activated System Member should have been working. These costs are calculated by subtracting the non - overtime compensation, including fringe benefits, of Activated System Members from the total costs (non - overtime and overtime compensation, including fringe benefits) paid to Backfill the Activated System Members. Backfill reimbursement is available only For those positions that are normally Backfilled by the Sponsoring Agency or Participating Agency during Activation. If the Sponsoring Agency or Participating Agency (1) Incurs a fringe benefit cost based on the number of base hours worked try a System Member. (2) Incurs a fringe benefit cost based on the number of hours a System Member actually worked (base hours and overtime), (3) Incurs a fringe benefit cost an a yearly basis based on the number of people employed full-time during the year, (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 Then the following compensation costa are allowable: For each seven-day period during the Activa- tion, the hourly wage equivalent of each Ac- tivated Non -Exempt System Member cal- culated under §208.39(e)(1) of this part for the first 40 hours AND the overtime pay- ment equivalent for each Activated Non -Ex- empt System Member calculated under §208.39(e)(1) of this part for every hour over 40. For each seven-day period during the Affili- ated Activation, the hourly wage for each Activated Affiliated Personnel for the first 40 hours and one and one-half limes the hour- ly wage for each Activated Affiliated Per- sonnel for every hour over 40. The daily compensation rate for each Acti- vated Affiliated Personnel for each full or partial day during the Activation. Then the Sponsoring Agency or Participating Agency must ' • • 8411 DHS for a pro -rasa share of the premium based on the number of base hours worked during Activation. Bill DHS for a pro -rata share of the premium based on the number of hours each System Member worked during Activation. 8111 DHS for a pro -rata share of those fringe benefit costs based en the number of non - overtime hours worked during Activation by System Members employed full time. 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 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, DI -IS will reimburse the Sponsoring Agency for fringe benefit casts incurred during Activation according to the following table; Example The City Fire Department incurs a premium of 3 percent for dental coverage based on the number of base hours worked in a week (53 hours). The City should bill DHS an ad- ditional 3 percent of the firefighters con- verted compensation for the first 40 hours Activation. The City Fire Department pays a premium of 12 percent for retirement based on the number of hours worked by a firefighter. The City should bill DHS an additional 12 percent of the firefighter's total compensa- tion during Activation. The City Fire Department pays workers com- pensation premiums into the City risk fund for the following year, based on the number of full -lime firefighters employed during the current year. The City should bill DHS for workers compensation premium costs by multiplying the hourly fringe benefit rale or amount by the number of non -overtime hours worked during Activation by full time firefighters who are System Members. reimbursed under paragraph (a) of this section. A detailed explanation of the differential payment for which the Sponsoring Agency seeks reimbursement must accompany any Llu4u.7i iu CIIVGLUpe 1U. 1-44414VwvVU-4100-t"4YAuvVuv/^.r.vr AITENI)IX 13 9202 Federal Register/Vol. 70, No. 36 /Thursday, February 24, 2005 /Rules and Regulations request for reimbursement under this section together with identification of every fringe benefit sought under §208.40(a) of this part and the method used to calculate each such payment and the reimbursement sought from DFIS. (c) DEIS will not reimburse the Sponsoring Agency for fringe benefit costs for Affiliated Personnel. 1208.41 Administrative allowance. (a) The administrative allowance is intended to defray costs of the following activities, to the extent provided in paragraph (b) of this section: (1) Collecting expenditure information from Sponsoring Agencies and Participating Agencies; (2) Compiling and summarizing cost records and reimbursement claims; (3) Duplicating cost records and reimbursement claims; and (4) Submitting reimbursement claims, including mailing, transmittal, and related costs. (b) The administrative allowance will he equal to the following: (1) If total allowable costs are less than $100,000, 3 percent of total allowable costs included in the reimbursement claim; (2) 1f total allowable costs are $100,000 or more but less than $1,000,000, $3,000 plus 2 percent of costs included in the reimbursement claim greater than $100,000; (3) If total allowable costs are $1,000,000 or more, $21,000 plus 1 percent of costs included in the reimbursement claim greater than $1,000,000. §208.42 Reimbursement for other administrative costs. Costs incurred for conducting after - action meetings and preparing after - action reports must be billed as direct costs in accordance with DEIS administrative policy. § 208.43 Rehabilitation. DI IS will reimburse costs incurred to return System equipment and personnel to a state of readiness following Activation as provided in this section. (a) Costs for liquipment Cache List items —(1) Non -consumable items. DI1S will reimburse costs incurred to repair or replace any non -consumable item on the Equipment Cache List that was lost, damaged, destroyed. or donated at [MIS direction to another entity, during Activation. For each such item, the Sponsoring Agency must document, in writing, the circumstances of the loss. damage. destruction, or donation. (2) Consumable items. DHS will reimburse costs incurred to replace any consumable item on the Equipment Cache List that was consumed during Activation. (3) Personnel costs associated with equipment cache rehabilitation. DHS 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 Demobilization Order. Fringe benefits are reimbursed under the provisions of § 208.40 of this part. (b) Costs for personnel rehabilitation. DHS will reimburse costs incurred for the compensation, including benefits and Backfill, of each Activated System Member regularly scheduled to work during the rehabilitation period specified in the 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 reimburse costs incurred for transporting Task Force Members from 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 transportation costs incurred for assembling and moving the equipment cache from its usual place(s) of storage to the point of departure, end from the point of return to its usual places) 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 carriers, 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 end contract vehicles. (3) Food and beverages. DHS will reimburse expenditures for food and beverages for Activated Task Force Members and Support Specialists when the Federal government does not provide meals during Activation. Reimbursement of food 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 bo limited to the amount of the then -current Federal meals and incidental expenses 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 the same. §208.44 Reimbursement for other costs. (a) Except as allowed under paragraph (b) of this section, DHS will not reimburse other costs incurred preceding, during or upon the conclusion of an Activation unless, before making the expenditure, the Sponsoring Agency has requested, in writing, permission far a specific expenditure and has received written permission from the Program Manager or his or her designee to make such expenditure. (b) At the discretion of the Program Manager or his or her designee, a request for approval of costs presented after the costs were incurred must be in writing and establish that: (1) The expenditure was essential to the Activation and was reasonable; (2) Advance written approval by the Program Manager was not feasible; and (3) Advance verbal approval by the Program Manager had been requested and was given. §208.45 Advance of funds. At the time of Activation of a Task Force, the Task Force will develop the documentation necessary to request an advance of funds be paid to such Task Forco's Sponsoring Agency. Upon approval, DHS will submit the documentation to the Assistance Officer and will request an advance of funds 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 not include any casts for equipment purchase. §208.46 Title to equipment. Title to equipment purchased by a Sponsoring Agency with funds provided under a DHS Response Cooperative Agreement vests in the Sponsoring Agency, provided that DHS reserves the right to transfer title to the Federal Government or a third party that DHS may name, under 44 CFR 13.32(g), when a Sponsoring Agency indicates or demonstrates that it cannot fulfill its UUI.u. II�.II CI IVCIUIJC I U. '4h..V.7/'1..'7f' 1-4VGu-vvvo-orou-G4MutJuvu Vsur Federal Register/Vol. 70, No. 38/Thursday, February 24, 20051 Rules and Regulations 9203 obligations under the Memorandum of Agreement, §§ 208.47-208.50 [Reserved] Subpart D —Reimbursement Claims and Appeals § 208.51 General. (a) Purpose. This subpart identifies the procedures that Sponsoring Agencies must uan to request reimbursement from DHS for costs incurred under Response Cooperative Agreements. (b) Policy. It is DHS policy to reimburse Sponsoring Agencies as expeditiously as possible consistent with Federal laws and regulations. §208.52 Reimbursement procedures. (a) General. A Sponsoring Agency must present a claim for reimbursement to DHS in such manner as the Director specifies . (b) Time for submission. (1) Claims for reimbursement must be submitted within 90 days after the end of the Personnel Rehabilitation Period specified in the Demobilization Order. (2) The Director may extend and specify the time limitation in paragraph (b)(1) of this section when the Sponsoring Agency justifies and requests the extension in writing. §§208.52-208.59 (Reserved] § 208.80 Determination of claims. When DHS receives a reviewable claim for reimbursement, 111 IS will review tho claim to determine whether and to what extent reimbursement is allowable. Except as provided in § 208,63 of this part, nits will complete its review and give written notice to the Sponsoring Agency of its determination within 00 days after the date DIPS receives the claim. If DNS determines that any item of cost is not eligible for reimbursement, its notice of determination will specify the grounds on which VHS disallowed reimbursement. § 208.81 Payment of claims. VHS will reimburse all allowable costs for which a Sponsoring Agency requests reimbursement within 30 days after DHS determines that reimbursement is allowable, in whole or in part, at any stage of the reimbursement and appeal processes identified in this subpart. § 208.82 Appeals. (a) Initial appeal. The Sponsoring Agency may appeal to the Program Manager any determination made under § 208.60 of this part to disallow reimbursement of an item of cost: (1) The appeal must be in writing and submitted within 60 days after receipt of DHS's written notice of disallowance under § 208.60 of this part. (2) The appeal must contain legal and factual justification for the Sponsnring Agency's contention that the cost is allowable, (3) Within 90 days after lMIS receives an appeal, the Program Manager will review the information submitted, make such additional investigations as necessary, make a determination on the appeal, and submit written 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 Director. The appeal must be made in writing and must he submitted not later than 60 days after receipt of written notice of DHS's determination of the initial appeal. (2) Within 90 days following the receipt of a final appeal, the Deputy Director will render a determination and notify the Sponsoring Agency, in writing, of the final disposition of the appeal. (c) Failure to file timely appeal. If the Sponsoring Agency does not file an appeal within the time periods specified in this section, DIIS will deem that the Sponsoring Agency has waived its right to appeal any decision that could have been the subject of an appeal. §208.63 Request by DHS for supplemental Information. (a) At any stage of the reimbursement and appeal processes identified in this subpart, DHS may request the Sponsoring Agency to provide supplemental information that DHS considers necessary to determine either a claim far reimbursement or an appeal. The Sponsoring Agency must exercise its best efforts to provide the supplemental information and must 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 requeat. (h) If DHS makes a request for supplemental information at any stage of the reimbursement and appeal processes, the applicable time within which its determination of the claim or appeal is to be made will be extended by 30 days. However, without the 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 of States, Local Governments, and Non -Profit 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 submissions, determinations, and requests for supplemental information under this subpart, all parties must use a means of delivery that permits both the sender and addressee to verify the dates of delivery. §208.66 Reopening of claims tor retrospective or retroactive adjustment of costs. (a) Upon written request 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 to the adoption of a generally applicable State or kcal law, ordinance or wage order or a cost -of - living adjustment; (2) The Sponsoring Agency or any Participating Agency incurs an additional cost because of a legally - binding determination, or (3) The Deputy Director determines that other extenuating circumstances existed that prevented the Sponsoring Agency from including the adjustment of costs in its original submission. (c) The Sponsoring Agency muss notify DHS as early as practicable that it anticipates such a request. §§208.87-208.70 !Reserved) Dated: February 3.2005. Michael D. Brown, Under Secretary, Emergency Preparedness and tiesponse, Deportment of Homeland Security. IFR Doc. 05-3192 Filed 2-23-05; 8:45 aml BILLING CODE 911a -89—P VUUUJIy.1I GI I CIUpe IL. IWULVWVWU.171rOU-L•+IIVUUuL ,-L?r Participating Agency's Point of Notification Appendix C Participating Agency j Key Biscayne Fire Rescue Participating Agency Director: Name: 1 Eric Lang Phone Number: 1 305-365-8989 Email: G elang@keybiscayne.f.gov l Participating Agency Liaison for Florida Task Force 2: Name: j Daniel Feeney Phone Number: [ 305-365-8989 Email: j dfeeney@keybiscayne.tLgov UVVUJIYI1 CIIWCIUpe ILI. YI..YJMOr I-VULU-YUUO-DrOU-L4MLVVVU.1-v-Uf AGENDA ITEM SUMMARY FORM File ID: #9542 Date: 08/23/2021 Commission Meeting Date: 09/23/2021 Requesting Department: Department of Fire - Rescue Sponsored By: District Impacted: Ail 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 -Rescue 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 ("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 Resolution 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. out...1J39.11 CI IVCIuVC ILl. I -qutu +u,o-Orou'LH/iuuuuu,-v- ur Budget Impact Analysis Item has NO budget impact Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal impact: NIA Reviewed By Department of Fire -Rescue Department of Fire -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 Ty McGann Johnny Duran Eloy Garcia Pedro Lacret Leon P Michel Valentin J Alvarez Arthur Norlega V Thomas M. Fossler Bamaby L. Min Victoria Mendez Marlcarmen Lopez Fire Department Review Fire Budget Review Fire Chief Review Budget Analyst Review Budget Review Legislative Division Review Ctty Manager Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Completed 08/23/2021 1:14 PM Completed 08/23/2021 1:34 PM Completed 08/24/2021 7:09 AM Completed 08127/2021 1:41 PM Completed 08/27/2021 4:18 PM Completed 08130/2021 4:49 PM Completed 09/01/2021 1:15 PM Completed 09107/2021 11:13 AM Completed 09/07/2021 11:23 AM Completed 09108/2021 11:26 AM Completed 09/23/2021 9:00 AM LVI.UJPI�.II CI IVCIVFJC IIJ. YIrYJYIr 1-YVGV-`/V o-vr OJ-GYMVUVUVriKVr City of Miami Leg *c7elor Ism islati City Hall 3500 Pan American Drive Miami, FL 33133 vorrvr, miam lgov.com File Number: 9542 Final Action Date:9/23/2021 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") BETWEEN THE 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 FL-TF2 operate under a longstanding memorandum of agreement most recently updated pursuant to Resolution No, R-08-0504 adopted September 11, 2008 ("Sponsoring Agency MOA"); and WHEREAS, pursuant to Resolution No. R-01-484 adopted May 24, 2001 and Resolution No. R-05-0212 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 MOA 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 "B" 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 Ln-uolJII ILJ. I-WULW'r+WMU-O rUJ-LVliV VUV W/'1.'1Vf 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 IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is hereby authorized' to execute, in 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 USAR 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 execute any future amendments, extensions, and/or supplements 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 immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 The herein authorization is further subject to compliance with ail legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions.