HomeMy WebLinkAboutContracts & Agreements_107-2015_CCv0001.pdf MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF RIVERSIDE
AS THE SPONSORING AGENCY
OF THE CALIFORNIA TASK FORCE SIX
OF THE NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM
AND
THE CITY OF REDLANDS
AS A PARTICIPATING AGENCY OF THE TASK FORCE
This "Agreement"is entered into by and between the parties designated in Section 1,below,who agree that subject
to all of the provisions of this Agreement, the CITY OF REDLANDS will serve as a Participating Agency for the California
Task Force Six on the National Urban Search and Rescue 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 entity and individual:
1.1. Sponsoring Agency:
City of Riverside,3085 St. Lawrence, Riverside,CA 92504 951-826-5585
1.2 Participating Agency:
City of Redlands,35 Cajon St.,Suite 12
Redlands,CA 92373
Work: 909-798-7600 Cell:909-714-1526
2. RECITALS
Sponsoring Agency and Affiliated Personnel have entered into this Agreement in recognition of the following Recitals:
2.1 Sponsoring Agency. Sponsoring Agency is a cooperating party under a"Memorandum of Agreement'
dated July 23,2008 with the Federal Emergency Management Agency("FEMA")and the State of California.
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("DHS"),acting through FEMA, operates the National
Urban Search&Rescue Response System("System") in conjunction with State and local governments.
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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 CA-TF6.The City of Riverside Fire Department is the Sponsoring Agency for California Task Force 6(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 setting forth the relationship between the parties.
2.5 Participating A enc . The City of Redlands desires to be a Participating Agency in the Task Force,subject
to all of the provisions of this Agreement.
2.6 Applicable Provisions. With respect to National Urban Search &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"B"and shall prevail
over any contrary provisions of the Interim Final Rule or the FEMA MOA.
2.7 Definitions of Terms. Capitalized words and phrases in this Agreement have the same meaning as they do
in the Interim Final Rule, unless or until superseded by the Final Rule. Capitalized words and phrases not
defined in the Interim Final Rule or the Final Rule have the meaning given in this Agreement.
3. AGREED TERMS AND CONDITIONS
3.1 Participating Agency.
3.1.1 Participating Agency agrees to provide personnel to serve in certain designated positions
on the Task Force as determined by Sponsoring Agency.A list of the individuals who will occupy
those designated positions, and who are referred to in this Agreement as"Participants;'. as well as
other pertinent information about them is contained in Appendix"C"..
3.1.2 Participating Agency further agrees that Participants will meet the required qualifications
for the positions to be filled,will receive the required training specified in this Agreement and will
satisfy other conditions of preparedness and response as required by the Sponsoring Agency..
3.1.3 The Parties will cooperate with each other so as to facilitate achievement of the goals and
objectives of the System as fully and completely as possible.
3.2 Third Party Liability and Workers' Compensation.
3.2.1 Participating Agency and its Participants shall be afforded such coverage for third party liability and
workers'compensation as is afforded all Task Forces and their System Members under Federal
law, the scope of which is generally described in Appendices"A"and"B."
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3.2.2 Except as afforded by the Federal Government,the responsibility for risks associated with claims
for third party liability and workers'compensation arising out of participation in the Task Force,
either organizationally by the Participating Agency or individually by its Participants,shall be the
responsibility of 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 benefit 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 utilize for the benefit of Participating
Agency such preparedness grant funding as Sponsoring Agency shall be eligible to and does
receive from FEMA. Any such utilization 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 utilized as Sponsoring Agency determines in its discretion. Sponsoring
Agency shall utilize such funding fairly and equitably 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 Participating Agency for response expenses
that are authorized to be incurred by or for the benefit of System Members 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 relevant
financial information to be submitted by Sponsoring Agency as part of an overall claim package
which Sponsoring Agency is obliged to submit to FEMA. The financial information shall be
submitted to the Sponsoring Agency within 30 days after the end of the Personal Rehabilitation
Period established by FEMA. The financial information shall be prepared and submitted in
conformance with applicable federal directives which Sponsoring Agency shall disseminate to
Participating Agency.
3.3.2.3 To ensure proper reimbursement from FEMA,the compensation of Participating Agency
shall be in accordance with pay schedules and policies established by the Interim Final Rule,from
the time of activation and until the Task Force returns,is deactivated and Participants are returned
to regular work schedules. Specific provisions governing the compensation and other financial
arrangements with Participating Agency are detailed in Appendix C.
3.3.2.4 All financial commitments of Sponsoring Agency are subject to the availability and receipt
of funds by Sponsoring Agency from FEMA and other sources.
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3.3.2.5 Participating Agency shall not be reimbursed for costs incurred outside the scope of this
Agreement.
3.4 Reporting And Record Keeping Requirements.
3.4.1 Participating Agency shall provide to the Sponsoring Agency such records as are set forth in
Appendix D.
3.4.2 Sponsoring Agency shall issue a Task Force Picture Identification Card to Participating Agency.
3.4.3 Participating Agency shall provide prompt and accurate reporting as specified in this Agreement,
including Appendix D.
3.5 Mandatory Minimum Requirements For Participation. Each Participant must satisfy all of the following for
participation on the Task Force.
3.5.1 Each Participant shall be of good moral character and shall not have been convicted of any felony
or any other criminal offense involving moral turpitude.
3.5.2 If 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, Participating Personnel
must hold the appropriate authorization,which must be current and validly issued. In particular,
Affiliated Personnel must hold the authorization(s)referred to in Appendix D.
3.5.3 Subject to any applicable FEMA standards, Participating Personnel must meet the medical/fitness
standards required by Sponsoring Agency and not have any medical condition or disability that will
prevent performance of the duties of the Task Force position he/she occupies.
3.5.4 Participating Personnel must be available on short notice to mobilize within 2 hours of request and
be able to respond on a mission for up to 14 days.
3.5.5 Participating Personnel must be capable of improvising and functioning for long hours under
adverse working conditions.
3.5.6 Participating Personnel must receive such inoculations as are specified by the Sponsoring Agency.
3.5.7 Participating Personnel must be aware of the signs,symptoms and corrective measures of Critical
Incident Stress Syndrome.
3.5.8 Participating Personnel must understand and adhere to safe working practices and procedures as
required in the urban disaster environment.
3.5.9 Participating Personnel 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.
3.5.10 Participating Personnel must have completed such courses of education and training and other
requirements as the Sponsoring Agency shall specify.
3.5.11 Sponsoring Agency has authority to immediately suspend or terminate Affiliated Personnel's
participation on the Task Force for failure to satisfy any mandatory minimum requirement.
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3.6 Clothing and Equipment.
3.6.1 Sponsoring Agency will issue to Affiliated Personnel certain items of personal protective clothing
and equipment for use in Task Force activities and operations. In the event of Activation, Affiliated
Personnel shall provide certain additional items of personal clothing and equipment. All these
matters are detailed specifically in Appendix E. Items of clothing and equipment supplied by
Sponsoring Agency shall remain the property of Sponsoring Agency and shall be returned promptly
whenever Participating Personnel ceases to be a member of the Task Force.
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.
3.7 Command Control and Coordination.
3.7.1 When Participating Personnel have been Activated or have otherwise been placed at the direction,
control and funding of FEMA,such as,for example, during participation in FEMA sponsored
training,the ultimate authority for command,control and coordination of the service of Participating
Personnel 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 engagement of
Participating Personnel within the context of their participation on the Task Force.
3.7.2 Nothing in this Agreement is intended to, nor does it,affect any employer-employee relationship
between Participating Personnel and any other person who engages Participating Personnel's
services as an employee for other purposes,and under no circumstances does Sponsoring
Agency assume any obligation or liability with respect to any such employment. It is the sole
responsibility of Participating Personnel to request and obtain approvals that such an employer
may require in order for Affiliated Personnel to participate on the Task Force.
3.7.3 While participating in System activities conducted by the Task Force, Participating Personnel shall
be subject to, 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 Participating Personnel from participation on the Task Force.
3.7.4 Sponsoring Agency shall exercise direct supervisory authority over Participating Personnel 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.
3.8 Media and Information Policv.
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 FEMA.
3.8.2 All applicable federal,state, and local media policies will be strictly enforced and followed.
3.8.3 Subject to applicable rules and regulations,Sponsoring Agency will have sole responsibility for
coordination of media coverage and liaison with media sources and representatives concerning
activities of the Task Force. As appropriate, Sponsoring Agency will endeavor to expose
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Participating Personnel to favorable media coverage opportunities, and Participating Personnel
consents to any such media coverage.
3.9 Rules of Conduct.
3.9.1 Participating Personnel will abide by the rules of conduct established by the Sponsoring Agency.
3.9.2 The failure of Participating Personnel to abide by the rules of conduct may result in suspension or
exclusion from the Task Force.
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 Personnel shall
cooperate with Sponsoring Agency and shall participate in the activities as necessary to achieve
Task Force preparedness goals and objectives.
3.10.2 Specific training activities to be conducted, respectively,by Sponsoring Agency and by
Participating Personnel, including training,administration and reporting requirements, are
contained in Appendix D.
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 made available for training activities of Sponsoring Agency and Participating
Personnel. Cache equipment and supplies shall be used only for authorized purposes and
Participating Personnel shall exercise reasonable care to protect and preserve the property against
loss or damage. Participating Personnel is financially accountable for any Task Force property that
is lost or damaged due to his/her negligence or unauthorized use.
3.11 Notification Procedures and Other Communications.
3.11.1 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.
Participating Personnel shall keep Sponsoring Agency fully informed of pertinent
information concerning his/her availability or other circumstances that would affect
Participating Personnel's ability to serve in his/her designated position as an Activated
member of the Task Force. If Participating Personnel expects to be unavailable for
deployment with the Task Force for any reason for an interval of 30 consecutive days or
longer, Participating Personnel shall notify Sponsoring Agency of that circumstance so
as to avoid possible interference with Task Force's condition of readiness to perform its
System mission.
3.11.1.2 Participating Personnel 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 Personnel Point of Notification shall be set
forth in Appendix C.
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3.11.1.3 Upon receipt of Alert or Activation Orders, Sponsoring Agency shall give prompt
telephonic and electronic notice to Participating Personnel's Point of Notification. The
notice shall designate the location of the assembly point and,to the extent known,the
nature and character of the Activation.
3.11.2 Mobilization.
3.11.2.1 If mobilized, Participating Personnel will respond to the designated assembly point
within 2 hours of notification with all required personal clothing and equipment and
required documentation.
3.11.2.2 Participating Personnel will be subject to a pre-deployment medical screening and will
not be deployed if he/she fails the screening.
3.11.2.3 Sponsoring Agency retains the sole right to determine which
Participating Personnel will respond with the Task Force when Activated.
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 CISS activities are not eligible for reimbursement.
4. GENERAL PROVISIONS
4.1 Effective Date. This Agreement shall be effective on June 2,2015 and when it has been duly and regularly
authorized and executed by both parties.
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[State]law,in
furtherance of the purposes of the National Urban Search and Rescue Response System.
4.3 Contents of the_A.rem. Upon its execution,the Agreement consists of this Agreement,along with the
following Appendices and other attachments, if any:
4.3.1 Appendix"A"-The currently effective Memorandum of Agreement between FEMA,the State of
California,and Sponsoring Agency, by which the City of Riverside Fire Department is appointed as and has
agreed to serve as Sponsoring Agency for the Task Force.
4.3.2 Appendix"B"-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'—Compensation data
4.3.4 Appendix"D"—Records to be provided by Participating Personnel
4.3.4 Appendix"E";Clothing and equipment requirements/obligations
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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 Term and Termination. The Agreement shall continue in effect unless and until terminated as
provided in this Agreement.The Agreement may be terminated by either party upon 30 days
written notice,except that Participating Personnel 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 Participating Personnel's participation is essential to
the Task Force's ability to carry out its Response mission.
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 California.
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 and
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.
4.5.5 Except as provided otherwise with respect to emergency notifications, if it is necessary for the
purposes of this Agreement for one of the named parties to give notice to the other named party,
notice shall be in writing with the expenses of delivery or mailing fully prepaid and shall be
delivered by personal service or a form of public or private mail service requiring proof of delivery.
Notice is effective upon personal delivery,or by mail service, on the date of either actual receipt or
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 are 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 Sponsoring 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
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entity acquire or be entitled to receive any rights or benefits as a third-party beneficiary of this
Agreement.
4.5.10 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; if applicable, 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 executed his/her signature.
4.5.11 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 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.
4.5.12 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.
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5. EXECUTION
Sponsoring Agency: City of Riverside
Date:
By
And By
Participating Agency: City of Redlands
Date: 6-2-2015 (�
By: Paul W. Foster
Title: Mayor
ATTEST: /
Sam Irwin, City Clerk
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