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Res 13-07 (" RESOLUTION NO. 13-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, COMMITTING TO CONTINUED SUPPORT OF THE LOCAL URBAN SEARCH AND RESCUE TASK FORCE. WHEREAS, the City of Miami, as the Sponsoring Agency, and the City of Delray Beach entered into an agreement dated February 24, 2003, which set forth the City's responsibilities in connection with the development and support of a Local Urban Search And Rescue Task Force coordinated by the City of Miami Department of Fire-Rescue, with all costs to be reimbursed by state and federal funding sources; and WHEREAS, the original agreement ended on December 31, 2005, with a provision that at such time the parties could agree to renew, continue and extend association; and WHEREAS, renewal is based upon the evaluation of the Sponsoring Agency's ability to conform with procedures, training and equipment standards as prescribed by FEMA; and WHEREAS, the amendments of the Agreement may be modified only by written agreement of each party; and WHEREAS, the City Commission of the City of Delray Beach and the City of Miami desire to amend the February 24, 2003 agreement in order to provide continued support of the Local Urban Search and Rescue Task Force by the City of Delray Beach Department of Fire-Rescue in order to continue coordinating response efforts to catastrophic disasters throughout the United States. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City of Delray Beach, Florida, will continue to support the Urban Search and Rescue Task Force and will continue to participate in coordinating response efforts to catastrophic events by extending the expiration date of the February 24, 2003 Agreement until a new agreement is developed by FEMA, the State, and the Sponsoring Organizations or until terminated by any party upon thirty (30) days written notice as provided by the First Amendment, Reinstatement, and Extension to the Memorandum of Agreement for Participating Agencies attached hereto and made a part hereof. ~ PASSED AND ADOP'IED in regular session on the:)l day of ~, 2007. ~A{O?c ATTEST: ~ \).~~._j City Clerk ,t .. . . " / [ITY DF DElRAY BEA[H CITY ATTORNEY'S OFFICE :'O!) I\:W 1st AVEI\:! L . DFLRAY BEACH, FLORIDA 33444 ILLEPI!ONE Sh I /7(j'J{ I' FACSIM[LE: S6 [/278-4755 Writer's Direct Line: 561/243-7090 DELRAY BEACH F L () RID A b.8I.tI All-America City DATE: , III I! TO: MEMORANDUM February 13, 2007 City Commission David T. Harden, City Manager i~~~ FROM: Terrill Barton, Assistant City Attorney I~ SUBJECT: Resolution No. 13-07 and First Amendment, Reinstatement, and Extension to Memorandum of Aareement for Participatinq Aaencies Attached please find a resolution and First Amendment to the Memorandum of Agreement regarding the City's participation in the Urban Search and Rescue Task Force extending the time for expiration of the original agreement from December 31, 2005 until FEMA develops a new Memorandum of Agreement or until terminated by any party upon thirty (30) days notice. Please place this agreement and corresponding resolution on the next available agenda for consideration. TCB:smk Attachments cc: Chevelle Nubin, City Clerk Lanelda Gaskins, Agenda Coordinator ~.v r FIRST AMENDMENT, REINSTATEMENT, AND EXTENSION TO MEMORANDUM OF AGREEMENT FOR PARTICIPATING AGENCIES This First Amendment and Extension Agreement is entered into this _ day of , 200_, by and between the City of Miami, a municipal corporation of the State of Florida (hereinafter referred to as the "Sponsoring Agency"), and the City of Delray Beach, a municipal corporation and political subdivision of the State of Florida, by and through its Board of City Commissioners, (hereinafter referred to as the "Participating Agency"). RECITALS: WHEREAS, the Sponsoring Agency and the Participating Agency, have entered previously into an Agreement dated Fe brvlaA. 'f d- L.j , 20~ setting forth the agency's responsibilities in connection with the development and support of a local Urban Search and Rescue Task Force and coordinated by the City of Miami Department of Fire-Rescue, with all costs to be reimbursed by State and Federal funding sources; and WHEREAS, the original term of Agreement ended on December 31,2005, with a provision that at such time the parties could agree to renew, continue and extend the association; and WHEREAS, renewal is based upon the evaluation of the Sponsoring Agency's ability to conform with procedures, training and equipment standards as prescribed by FEMA; and WHEREAS, the amendments of the Agreement may be modified or amended only with the written agreement of each of the parties; and WHEREAS, the Participating Agency's Board of City Commissioners has authorized the original agreement and any amendments, renewals, reinstatements, and/or extensions thereofby its authorizing resolution attached hereto and made a part hereof as Exhibit A; and WHEREAS, the Sponsoring Agency's City Commission has authorized the amendment of the original term pursuant to its authorizing resolution attached hereto and made a part hereof as Exhibit B; and WHEREAS, the parties at this time desire to amend, to reinstate, to continue, and to extend the performance period of the Agreement until such time as a new Memorandum of Agreement is developed by FEMA and signed by the Federal Emergency Management Agency (FEMA), the State of Florida, and the City of Miami (the "Sponsoring Organization"), or until terminated by any party upon thirty (30) days of written notice. NOW, THEREFORE, in consideration ofthe foregoing and the mutual covenants contained in this agreement, the Sponsoring Agency and Participating Agency hereby agree to reinstate, to continue, and to amend the Agreement as follows: Section "VIII. CONDITIONS. AMENDMENTS. AND TERMINATION" Paragraph G is deleted in its entirety and amended to read: G. This agreement shall be in force until such time as a new Memorandum of Agreement is developed by FEMA and signed by FEMA, the State, and the sponsoring organization, or until terminated by any party upon 30 days of written notice. Except as specifically provided herein, all of the terms and conditions of the Agreement, shall remain in force and effect throughout the extended term of the Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers duly authorized. PARTICIPATING AGENCY City of Delray Beach, a Florida municipal corporation, as authorized by its Board of City Commissioners By: Name: Title: ATTEST: By: Name: Title: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY THE PARTICIPATING AGENCY Ary~OgI~~ Name: ~ll 'OCt y- --ro n Title: A . 11 V\,t- C \"*1 ft+torYl1 "'/ ATTEST: APPROVED AS TO TERMS & CONDITIONS: By: Name: Title: By: SPONSORING AGENCY THE CITY OF MIAMI, a municipal corporation of the State of Florida By: Priscilla A. Thompson City Clerk Pedro G. Hernandez City Manager APPROVED AS TO FORM AND CORRECTNESS: APPROVED AS TO INSURANCE REQUIREMENTS: By: Jorge L Fernandez, City Attorney LeeAnn Brehm Risk Management Director EXHmIT A Participating Agency's Authorizing Resolution RESOLUTION NO. 13-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, COMMIITING TO CONTINUED SUPPORT OF THE LOCAL URBAN SEARCH AND RESCUE TASK FORCE. WHEREAS, the City of Miami, as the Sponsoring Agency, and the City of Delray Beach entered into an agreement dated February 24, 2003, which set forth the City's responsibilities in connection with the development and support of a Local Urban Search And Rescue Task Force coordinated by the City of Miami Department of Fire-Rescue, with all costs to be reimbursed by state and federal funding sources; and WHEREAS, the original agreement ended on December 31, 2005, with a provision that at such time the parties could agree to renew, continue and extend association; and WHEREAS, renewal is based upon the evaluation of the Sponsoring Agency's ability to conform with procedures, training and equipment standards as prescribed by FEMA; and WHEREAS, the amendments of the Agreement may be modified only by written agreement of each party; and WHEREAS, the City Commission of the City of Delray Beach and the City of Miami desire to amend the February 24, 2003 agreement in order to provide continued support of the Local Urban Search and Rescue Task Force by the City of Delray Beach Department of Fire-Rescue in order to continue coordinating response efforts to catastrophic disasters throughout the United States. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City of Delray Beach, Florida, will continue to support the Urban Search and Rescue Task Force and will continue to participate in coordinating response efforts to catastrophic events by extending the expiration date of the February 24, 2003 Agreement until a new agreement is developed by FEMA, the State, and the Sponsoring Organizations or until terminated by any party upon thirty (30) days written notice as provided by the First Amendment, Reinstatement, and Extension to the Memorandum of Agreement for Participating Agencies attached hereto and made a part hereof. PASSED AND ADOPTED in regular session on the _ day of , 2007. MAYOR Attest: City Clerk EXHIDIT B Sponsoring Agency's Authorizing Resolution MEMORANDUM OF AGREEMENT FOR PARTICIPATING AGENCIES This Agreement is entered into this Z1,14day of r/SOfUtItL...,'I ,2003, by and between the City of Miami, a municipal corporation of the State of Florida, (the "Sponsoring Agency") and the City of Delray Beach Fire Rescue Department, (the "Participating Agency"). RECITALS WHEREAS, the Sponsoring Agency is the coordinating and sponsoring agent of the South Florida Urban Search and Rescue (US&R) Task Force, FL TF2 (the "Task Force"); and WHEREAS, as the Sponsoring Agency is responsible for mobilization of the Task Force, when the Task Force is activated by the Federal Emergency Management Agency ("FEMA"); and WHEREAS, the City Commission of the City of Miami, by Resolution No. 01-484, adopted on Mav 24th I 2001, has authorized the City Manager to enter into this Agreement with each Participating Agency on behalf of the City of Miami; and WHEREAS, in executing this Agreement the City of Miami is acting in its capacity as Sponsoring Agent of the Task Force and not as a direct employer of the Participating Agency; and WHEREAS, the CITY wishes to engage the services of the Participating Agency to provide certain services to the Task Force; and Page 1 of 13 'WHEREAS, the Participating Agency possesses the necessary knowledge, equipment, resources and expertise to perform the services herein required; NOW THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: I. PURPOSE A. This Agreement delineates responsibilities of. the Sponsoring Agency and the Participating Agency for Urban Search and Rescue activities under the search and rescue function delineated in the Robert 1. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93-288, as amended, Sec. 403(A)(3)(b). B. This Agreement serves as the Scope of Work of the Cooperative Agreement between a Participating Agency and the Sponsoring Agency. II. SCOPE A. The provisions of this Agreement apply to National US&R Response System 1 activities performed at the request of the Federal government, provided at the option of the Sponsoring Agency, and in conjunction with, preparation for, or in anticipation of, a Presidential declaration of a major disaster or emergency. B. No provision in this Agreement limits the activities of the Task Force or its Sponsoring Agency in performing local and state functions. III. DEFINITIONS A. Activation: The status of a System asset placed at the direction, control, and funding of FEMA in response to, or in anticipation of, a Presidential declaration of a major disaster or emergency. Page 2 of 13 - \ ~ B. Activation Order: The FEMA notice that places a System asset onto activation status. C. Alert: A state of increased readiness initiated by an Alert Notice. 0, Alert Notice: The FEMA notice that places a System asset onto alert status, or that an event has occurred or is expected to occur, such that System resources may be subject to activation. E. Deactivation: The removal of a System asset from activation status. F. Demobilization Order: The FEMA notice that disengages a System asset from an incident and specifies relevant information regarding activation status such as task force personnel rehab time. G. Deployment: Mobilization of a Task Force, 1ST or other System resource pursuant to an Activation Notice. H. Disaster Assistance Employee (DAE): An individual hired to augment permanent full-time FEMA personnel in disaster operations in the field. I. Disaster Medical Assistance Team (DMAT): A functional unit activated under the National Disaster Medical System (NOMS), a program of the United States Public Health Service (PHS), Office of Emergency Preparedness (OEP). The six-person Medical Team deployed as part of the Task Force is classified as a specialty DMAT. J. EmerQency Information and Coordination Center (EICC): The facility used by the Emergency Support Team at FEMA Headquarters during or in anticipation of a Presidential Major Disaster or Emergency Declaration. Page 3 of 13 K. EmerQencv Procurement: Upon Activation, the purchase by the Task Force of equipment. food and other consumables, medicines, and pharmaceuticals, essential to the Urban Search and Rescue mission, under the authority of the Stafford Act, Sec.306(b)(3). L. EmerQencv Response Team (ERT): The interagency group that provides. administrative, logistical, and operational support to the FEMA regional response activities in the field. The ERT includes an ESF-9 cell, which consists of the ESF-9 Leader and the 1ST, and supporting Federal agency representatives, as required. M. EmerQencv Support Function (ESF): Pursuant to the Federal Response Plan, the primary mechanism through which Federal disaster assistance is provided to assist the State in meeting response requirements in an affected area. Each ESF is coordinated by a primary agency. FEMA is the primary agency for ESF #9 - Urban Search and Rescue. N. Emeraency Support Team (EST): Pursuant to the Federal Response Plan, an interagency group comprised of representatives from each of the primary agencies, select support agencies and FEMA Headquarters staff. It operates from the FEMA EICC. O. EQuipment Cache: Equipment on the US&R Equipment Cache List that a Task Force is required by FEMA to possess. P. EQuipment Cache List: The FEMA approved inventory list of equipment by type and quantity a Task Force is required to possess for operations. a. Federal Emeraency ManaQement Aaencv (FEMA): Pursuant to P.L. 93-288, as amended, the Federal agency responsible for coordinating Federal assistance to State(s) affected by disasters or emergencies, which includes the development and maintenance of the National Urban Search and Rescue Response System. Page 4 of 13 . I ~ R. FEMA ReQion: The geographical subdivision of the United States through which FEMA administers its programs; the FEMA administrative unit that is the primary contact for any disaster occurring within that geographical subdivision. S. FEMA Sanctioned TraininQ or Exercise: A training session or exercise that has received FEMA sanction and is sponsored by an organization other than FEMA. T. FEMA Sponsored TraininQ or Exercise: A training session or exercise arranged for and financed by FEMA, delivered either by FEMA or by another organization. U. Federal CoordinatinQ Officer (FCO): The person appointed by the President to coordinate the Federal disaster assistance activities in each State in which a disaster or emergency has been declared. V. Federal Response Plan (FRP): Pursuant to P.L. 93-288, and as amended, the document that establishes the framework for the provision of Federal assistance to a State and its affected local governments. W.lncident Commander: The person, usually from the local jurisdiction, who is responsible for overall management of an incident. X. Incident Support Team (1ST): An element of the ESF-9 cell of the ERT that is under the direction of the ESF-9 Leader (a FEMA Regional or Headquarters employee acting as the authorizing official for ESF-9 expenditures). The 1ST is responsible for the overall command and control of all National Urban Search and Rescue Response System assets deployed for the incident. Y. Mobilization: The movement of System assets to an incident. Z. National Disaster Medical System (NOMS): A cooperative effort of the Department of Health and Human Services (HHS), Department of Defense (000), Department Page 5 of 13 of Veterans Affairs (VA), FEMA, and State and local governments and the private sector that is designed to care for a large number of casualties resulting from either a domestic disaster or an overseas war. The Public Health Services (PHS) heads the program. AA. National Urban Search and Rescue Response System (System): The Task Forces, Incident Support Teams, Rapid Needs Assessment Team elements, and other personnel and technical teams that respond to disasters or emergencies under the direction and control of FEMA as Emergency Support Function 9 of the Federal Response Plan. BB. Participatinq Aqency: An entity with which the Sponsoring Agency has executed an agreement to satisfy, in part, the Sponsoring Agency's responsibilities under this Agreement. CC. Point of Assemblv (POA): Is the Miami Fire Rescue Training Center located at 3425 Jefferson Street, Miami, Florida 33133. However, this may change at the discretion of the Task Force Leader. DO. Point of Departure (POD): Is currently identified as the Homestead Air Reserve Station (HARS) located in Homestead, Florida. However, this is subject to change by FEMA or the Task Force Leader. EE. Presidential Maior Disaster or Emer~encv Declaration: A determination of the President that Federal assistance is needed to supplement State and local efforts, and capabilities to save lives and protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. FF. Rapid Needs Assessment (RNA): A pre-designated team of technical experts from Federal, State and 'local emergency management agencies, alerted and employed Page 6 of 13 under the command and control of FEMA to augment or supplement State and local assessment capabilities. GG. System: See National Urban Search and Rescue Response System. HH. Task Force: An integrated collection of personnel and equipment meeting standardized capability criteria, defined by FEMA, for addressing the special needs of urban search and rescue. II. Urban Search and Rescue (US&R): The process of searching for, extricating and providing for the immediate medical treatment of victims trapped in collapsed structures, regardless of cause. IV. THE SPONSORING AGENCY SHALL BE RESPONSIBLE FOR: A. Provi9ing an administrative department, which shall be the City of Miami Fire- Rescue Department, authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency. B. Recruiting, organizing, and coordinating trained members for the Task Force, according to guidelines prescribed by FEMA to the best of their ability. C. Registering and qualifying all medical personnel on the Task Force through U.S. Public Health Service (PHS). D. Implementing a system to maintain and account for the Task Force Equipment Cache. E. Providing administrative, financial, and personnel management for the Task Force to the extent that funding is available. Page 7 of 13 F. Assure all Task Force members have a FEMA recognized employment status, G. Purchasing equipment with FEMA funding according to the latest Equipment Cache List or other equipment deemed necessary to perform day to day operations of the task force. H. Ensuring all personal task force equipment issued to Task Force members remains the property of the, Sponsoring Agency. I. Notifying FEMA when there is a change in the deployment status of the Task Force. J. Maintaining twenty-four (24) hour Task Force alert capabilities, including a 24-hour phone number and point-of-contact. This is identified as the City of Miami Fire Central Information Officer (FC10) contacted through 305-579-6245 voice and 305- 579-6277 fax. " v. THE PARTICIPATING AGENCY SHALL BE RESPONSIBLE FOR: A. Implementing a written policy and practicing a reporting procedure for Participating Agency personnel, with the objective of notifying the Sponsoring Agency of individuals responding from their organization to the Miami Fire-Rescue Training Center when the Task Force is mobilized. B. Faxing a list identifying deploying and non-deploying personnel from the Participating Agency that are responding to the Miami Fire-Rescue Training Center. The fax number is: 305-445-5183. This list shall be faxed within thirty (30) minutes of the Task Force Activation and thereafter as changes are made. C. Assuring Participating Agency personnel meet FEMA position description general requirements and Sponsoring Agency specific minimum requirements prior to submitting application for Task Force membership. Page 8 of13 D. Ensuring that Task Force personnel from their organization continue to participate in training opportunities provided by the Sponsoring Agency to meet the knowledge, skills and abilities for their primary position. E. Providing and maintaining a current labor contract on file with the Sponsoring Agency. F. Providing a current benefit percentage calculation for regular and overtime and an acceptable written justification of this percentage on file with the Sponsoring Agency. G. Task Force personal equipment issued by the Sponsoring Agency to the Participating Agency team member lost, damaged, stolen or not returned when requested, shall be replaced by and at the expense of the Participating Agency. H. Withi~ thirty (30) days after the completion of a mission, the Participating Agency shall provide payroll, time sheets and other administrative documentation identified by the Sponsoring Agency for activated Participating Agency team members to assure appropriate and timely reimbursement I. Extending workers compensation protection to their personnel while participating in Sponsoring Agency sanctioned training or cache maintenance activities while on or off duty. J. Designating a primary coordinator and ensure this coordinator has an Electronic Mail (e-mail) address to expedite distribution of US&R related information. K. Assuring that the following baseline medical screening/surveillance items are met by all rostered task force members: a) Annual physical exam (per 29 CFR 1910.134) b) Annual medical questionnaire with assessment by physician (per 29 CFR 1910) Page 9 of 13 L. Notifying the Sponsoring Agency when a Task Force Member is unavailable for longer than twenty-one (21) days due to injury, illness, departmental disciplinary action or any other legal proceeding. VI. THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE: A. That funding acquired and identified for the pu~chase of Task Force equipment and Task Force member training will be administered solely by the Sponsoring Agency. B. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers compensation or time related issues of the Participating Agency personnel other than reimbursement from the Federal Emergency Management Agency. C. Sponsoring Agency and Participating Agency are state agencies or subdivisions as defined in Chapter 768.28, Florida Statutes, and each party agrees to be fully responsible for the respective acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any manner arising out of this Agreement or any other contract. VII. FINANCIAL AGREEMENTS A. The Participating Agency shall pay their participating team members in accordance with their local payroll requirements, labor contracts or any other relevant ordinances or procedures of the Participating Agency. B. The Participating Agency will be eligible for reimbursement from FEMA of personnel costs associated with the activation. This will include the straight time wages plus Page 10 of 13 benefits for all hours an activated team member is scheduled to work and overtime plus benefits for all hours an activated team member was off duty during the identified activation period. C. The Participating Agency is eligible to hire overtime personnel on a one-to-one basis to backfill for a deployed team member. Reimbursement shall be only for the overtime portion of the salary of personnel used to backfill for activated team members during the identified activation period. No benefit percentage shall be calculated for backfill personnel. D. All financial commitments herein are made subject to the availability of funds and the continued mutual agreements of the parties. VIII. CONDITIONS, AMENDMENTS, AND TERMINATION A. The ~articipating Agency will not illegally discriminate against any employee or applicant for employment on the grounds of race, color, religion, sex, age, or national origin in fulfilling any and all obligations under this Agreement. B. Any provision of this Agreement later found to be in conflict with Federal law or regulation, or invalidated by a court of competent jurisdiction, shall be considered inoperable and/or superseded by that law or regulation. Any provision found inoperable is severable from this Agreement, and the remainder of this Agreement shall remain in full force and effect. C. This Agreement may be modified or amended only with the written agreement of each of the parties. D. This Agreement may be terminated by either party on thirty (30) days written notice to the other party. Page 11 of 13 . , E. This Agreement shall be considered the full and complete agreement between the undersigned parties, and shall supersede any prior Memorandum of Agreement among the parties, written or oral, except for any executory obligations that have not been fulfilled. F. This Agreement may be executed in several parts, each of which shall be considered a valid Agreement, provided that each of the parties to this Agreement has executed at least one (1) original copy of this Agreement and has transmitted a copy of the signature page hereof to the other parties. G. "fhis Agreement will end on December 31, 2005, at which time the parties may agree to renew the association. Renewal will be based on evaluation of the Sponsoring Agency's ability to conform with procedures, training and equipment standards as prescribed by FEMA. IX. ATTACHMENTS A. Participating Agency's Labor Contract, Personnel Pay and Benefits Schedule. 8. U.S. Public Health Service (PHS) ISpecialized DMAT MOU. C. FEMA Memorandum of Agreement (When Completed) D. FEMA Code of Conduct E. US&R Team Member Disciplinary Procedures (When Completed). Page 12 of 13 ATTEST: ~k~ Nam~: HOVrito /!:j"City ~l""k . Approved 8S to form and legal sufficiency: ~~ ft~. City Attorney PREPARED AND APPROVED BY: Assistant City Attorney SPONSORING AGENCY lJ-IE CITY OF M1AM BY: REQUI PARTICIPATING AGENCY NAME: ~ :..0 "J.<JL_ ~ BY: David Schmidt TITLE: Mayor APPROVED AS TO FORM AND CORRECTNE