Loading...
HomeMy WebLinkAboutAGR-7912 - SAN DIEGO FIRE & RESCUE DEPARTMENT - URBAN SEARCH & RESCUE - CALIFORNIA TASK FORCE 8Docusign Envelope ID:9A792320-8DE4-4CD6-8FEB-9D5F8576936C Memorandum of Agreement Initial Between AGR-7912 L.f".7 Sponsoring Agency) San Diego Fire-Rescue Department And Participating Agency) Orange City Fire Department A Memorandum of Agreement (MOA) entered into this 15 th day of January, 2026,by and between the Federal Emergency Management Agency (FEMA), the California Governor's Office of Emergency Services (CalOES), the San Diego Fire-Rescue Department(Sponsoring Agency), and the Orange City Fire Department (Participating Agency) for participation in Urban Search and Rescue and California Task Force 8 (CA-TF8). I. Purpose To delineate responsibilities and procedures for Urban Search and Rescue (US&R) activities under the authority of the Robert T. Stafford Disaster Relief and Emergency Act, Public Law 93-288, as amended in 42 U.S.C. 5121, et seq., and relevant State authorities, or when otherwise properly directed. II. Scope The provisions of this MOA apply only to US&R Task Force activities performed at the request of FEMA and CalOES, provided at the option of the local jurisdiction and State, and in conjunction with, or in preparation of, a Governor and/or Presidential declaration of disaster or emergency and upon activation as outlined in part V, section A. Details concerning specific working relationships on various projects may be appended to this document as they are developed. III. Mission Statement The mission of the US&R Task Forces is to provide support to local governments.The Task Force must ensure members can safely affect structural collapse search and rescue, including within or near a known or suspected weapon of mass destruction contaminated collapse environment, while maintaining a defensive posture to prevent additional casualties. Additionally, the Task Force may be asked to perform other missions in accordance with Federal directives. 1 Docusign Envelope ID:9A792320-8DE4-4CD6-8FEB-9D5F8576936C IV. Definitions a. Activation: the process of mobilizing specific Task Forces to deploy to a designated disaster site. If the Task Force responds to such a mobilization request, the Task Force is to arrive with all equipment and personal gear at the pre-designated point-of- departure site within six hours of the activation notice. b. Alert: the process of informing Task Forces that an event has occurred and that Task Forces might be activated at some point within a twelve-hour time frame. c. Associated Director: the associated director for state and local programs and Support Directorate, FEMA. d. Department of Defense (DOD): the federal Department of Defense, including military and civilian components. DOD is the primary agency for coordinating US&R efforts under Emergency Support Function (ESF), #9, US&R, under the Federal Response Plan. e. Director: the director of FEMA. f. Disaster Assistance Employee (DAE): a temporary Federal Employee, hired under the provisions of the Robert T. Stafford Disaster Relief and Emergency Act. g. Disaster Medical Assistance Team (DMAT): a functional unit activated under the National Disaster Medical System (NDMS)which provides medical care in a disaster area or medical services at transfer points and reception sites associated with patient evacuation. h. Emergency Information and Coordination Center (EICC): a control center located within FEMA headquarters in Washington D.C., to provide interagency coordination for assistance to emergency disaster areas. i. FEMA: the Federal Emergency Management Agency. j. Incident Commander: the individual in charge of coordinating relief activities within the disaster site.Under normal circumstances this individual will be an emergency manager from the local community responsible for incident activities including the development and implementation of strategic decisions and for approving the allocation of resources. k. National Disaster Medical System (NDMS): a cooperative effort of the Department of Health and Human Services (HHS), DOD, Department of Veterans' Affairs (VA), FEMA, state and local governments, and the private sector designed to care for a large number of casualties resulting from either a domestic disaster or an overseas war. The Public Health Service (PHS)heads the program. 1. National Emergency Coordination Center (NECC): a primary notification center located in Berryville, VA. m. Office of Emergency Services (OES): office of emergency services is equivalent to CalOES. n. Participating Agency: a public entity providing support to and participating with a US&R Task Force under the authority of a Sponsoring Agency. o. Public Health Services (PHS): The operating division of the HHS. p. Sponsoring Agency: a public entity providing official sanction to a US&R Task Force. 2 Docusign Envelope ID:9A792320-8DE4-4CD6-8FEB-9D5F8576936C q. State or States: the state, commonwealth, or U.S. territory government to which the Sponsoring Agency reports. r. Swift Water Rescue: Any rescue involving water moving at a rate requiring rescuers to use special equipment or exercise specialized water rescue skills. s. Task Force: an integrated collection of personnel and equipment meeting the standardized capability for addressing the special needs of US&R. t. Task Force Team Member (Team Member): an individual on a FEMA US&R Task Force team. A Task Force Member is responsible for meeting goals and objectives for strategies, tactics, and operations in providing medical stabilization and treatment, and extrication of entrapped victims in collapsed structures. u. Task Force Leader: an individual responsible for team training, equipment maintenance, mobilization, and tactical direction of the Task Force. v. Urban Search and Rescue (US&R): specialized tactics, personnel, and equipment suited to the unique lifesaving problems presented in structural collapse situations. w. Water Hazard Zone: An area encountered during a rescue covered by water or ice. x. Weapons of Mass Destruction (WMD): includes the following: i. Any explosive, incendiary, poisonous gas or liquid,bomb, grenade, rocket having a propellant charge of more than one-quarter ounce, mine, or device similar to the above. ii. Poison gas. iii. Any weapon involving a disease organism. iv. Any weapon designed to release fatal amounts of radiation. V. Responsibilities a. FEMA shall be responsible for: i. Coordination between the sponsoring agency, the local jurisdiction, the State, and other relevant governmental and private parties. ii. Provide limited funding and technical support for equipment and training specifically aimed at preparing and maintaining a deployable Task Force,as prescribed in the FEMA US&R Response System manual. Use of this equipment will be limited to FEMA-sanctioned response activities,appropriate responses as determined by the local jurisdiction,and mutually agreed upon training. iii. Provide out-of-pocket expenses for team members deployed to a disaster site, as outlined in part VII, 'FINANCIAL AGREEMENTS." iv. Provide document control at the regional office, ensuring that all reports are directed to FEMA headquarters: Federal Emergency Management Agency, US&R, 500 C Street, SW, Room 350,Washington, DC 20472. v. Deploying US&R Task Forces from designated staging areas and moving such Task Forces to and from the disaster site. 3 Docusign Envelope ID:9A792320-8DE4-4CD6-8FEB-9D5F8576936C vi. Coordinating the replacement and/or rehabilitation of damaged or destroyed equipment used in the course of the operations. vii. Provisions of FEMA responsibilities shall be altered during situations involving and providing for national security. b. The State shall be responsible for: i. Maintaining 24-hour alert capabilities, including point of contact or duty officer available at all times. ii. Implementing FEMA's alert and activation procedure of the State sponsored Task Force if called upon to do so by FEMA. iii. Document control at the State office, ensuring that all reports are directed to their respective FEMA Regional Point-of-Contact. c. The Sponsoring Agency shall be responsible for: i. Recruiting and organizing a Task Force, according to the guidelines described in the FEMA Urban Search and Rescue Response System Operations Manual. ii. Providing training to all Task Force members with guidance from FEMA and local sponsoring agencies. Training should be continuous with the objectives of upgrading, developing, and renewing skills as needed to maintain qualifications for a particular position on the Task Force. A section on the Incident Command System should be taught to all Task Force members. iii. Developing, practicing, and implementing an internal call-out system for US&R members. iv. Providing administrative, financial, and personnel management as they relate to the Task Force. All original paperwork will be filed with the sponsoring agency, with copies, as outlined in part VIII, 'REPORTING REQUIREMENTS," sent to: Federal Emergency Management Agency, US&R, 500 C Street, SW,Room 350,Washington, DC 20472. v. Providing reporting as delineated in part VIII, "REPORTING REQUIREMENTS." vi. Providing personnel and equipment for US&R-related exercises as agreed upon with FEMA and the State, subject to the availability of such Task Force personnel and equipment which will be based upon requirements and priorities of the participating organizations at the time such personnel and equipment are requested. vii. The practice and implementation of an internal call-out system for CA- TFS members as developed by the Sponsoring Agency viii. Managing administrative, financial, and personnel issues as they relate to the participating organization's role and responsibilities within the Task Force. All original paperwork will be filed at the sponsoring agency, with 4 Docusign Envelope ID:9A792320-8DE4-4CD6-8FEB-9D5F8576936C copies as outlined in part VIII, "REPORTING REQUIREMENTS," sent to: Federal Emergency Management Agency, US&R, 500 C Street, SW,Room 350, Washington, DC 20472. lx. Developing, maintaining, and being accountable for US&R personnel and equipment by means of ground transportation, within but not limited to a 1,000 mile radius of Task Force Point of Departure. Deploying US&R Task Forces from designated staging areas and moving such Task Forces to and from the disaster site. Provide logistical, maintenance, and other support to deployed US&R Task Forces. Coordinating the replacement and/or rehabilitation of damaged or destroyed equipment used in the course of the operations. d. The Participating Agency shall be responsible for: i. Responding to the Sponsoring Agency's written requests for information within thirty (30) calendar days of receipt of the request. Requests for information may include, but are not limited to, the following information: annual training requirements, minimum training documentation, salary scales, and any other information required by FEMA and normally provided by the Participating Agency because of its participation on the Task Force. iii. Ensure and provide verification to the Sponsoring Agency that all Task Force Team Members from the Participating Agency have all certifications, licenses, immunizations, or requirements to participate on the Task Force. iv. Ensure and provide verification,via the CA-TF8 Medical Clearance Form Appendix A),signed by a licensed physician,that all Task Force Members from the participating agency are free from a medical condition that would prevent them from carrying out their duties on the Task Force. The Medical Clearance Form must be submitted when personnel are selected as a Task Force Member then once every thirty-six(36)months. v. Providing any Canine Handler canine acceptable accommodations for the proper care and maintenance of the canine. This includes, but is not limited to, kennel areas,relief areas, and provisions for canine care if the handler is not present or is committed to other duties. All accommodations and provisions are subject to Sponsoring Agency or the Sponsoring Agency's designee's approval. vi. Notifying the Sponsoring Agency immediately when a team member is deemed 'ion-deployable" by the Participating Agency. This includes, but is not limited to, separation of employment, leave of absence, industrial leave, light/restricted duty, or disciplinary proceedings. vii. Providing CA-TF8 members under their responsibility with basic local/State/Federally required fire fighter training and providing written verification/documentation upon request from the Sponsoring Agency. viii. Abiding by the Sponsoring Agency's separation policy as described in the FEMA US&R CA-FT8 Administration Manual. 5 Docusign Envelope ID:9A792320-8DE4-4CD6-8FEB-9D5F8576936C VI. Procedures a. Activation: i. Upon request from state governments or from federal disaster assistance, and/or a determination by CalOES and/or FEMA that prepositioning US&R Task Forces is prudent, FEMA shall request the activation of forces necessary to respond to the emergency or disaster situation. ii. Activation notices shall be communicated by the appropriate State Emergency Management Office to participating agencies and Task Force Members via the Sponsoring Agency. b. Mobilization, Deployment, and Redeployment: i. The Task Force Leader shall notify members of a State and/or Federal activation. i If the Task Force responds to a notification of Federal activation, Task Force Leaders in coordination with CA-FT8 Program Management,FEMA US&R IST, and the FEMA US&R or incident leadership shall move the Task Force and its equipment to pre-designated airfields for pick-up by FEMA aircraft within six hours of the official activation or alternative pre- designated Point of Departure if transporting by ground. iii. Upon arrival at the mobilization area, FEMA will provide an on-ground briefing, maps, food, and housing (as necessary), and other items essential to the initial set-up and support of the Task Force. FEMA will supply a liaison and a radio operator to each Task Force deployed to a disaster site. Contingency plans shall be established by Task Forces to be self-sufficient providing food and shelter for 72 hours. iv. FEMA shall provide transportation from the staging area to the disaster site and return. v. The Task Force shall be redeployed to the point of origin airfield by FEMA aircraft or ground transportation upon completion of the US&R mission. vi. The Sponsoring and Participating Agencies will abide by all FEMA guidelines regarding the rehabilitation of personnel and equipment after redeployment. VII. Financial Agreements a. Task Force Members shall be compensated in accordance with pay schedules and policies set forth by the Federal Government, including FEMA, Federal Disaster Assistance Employee Program, the State, and the Participating Agency's local organization as determined prior to the implementation of this agreement. b. Skill and experience levels shall be established for each Task Force member upon inclusion into the national USAR system and appropriate compensation determined based on part VII, section a. c. Task Force members shall be reimbursed for travel and per diem costs in accordance with Federal travel regulations, unless otherwise authorized. 6 Docusign Envelope ID:9A792320-8DE4-4CD6-8FEB-9D5F8576936C d. Members shall be reimbursed for reasonable personal costs of operations and maintenance incurred while engaged in disaster operations according to the FEMA guidelines. e. Any reasonable expense incurred by an organization in filling a Task Force member's position while the Task Force member has been activated will be paid by FEMA. FEMA will not pay personnel costs above the normal and usual rate for that position. It is expressly agreed and understood by FEMA, the State, and the local jurisdiction that such personnel costs could reasonably include overtime compensation if the local jurisdiction is required to pay such compensation costs in filling positions deemed critical for public safety and well-being. f. Task Force organizational materials, equipment, and supplies consumed in providing requested assistance shall be reimbursed on a replacement basis. Replacement and/or rehabilitation requests shall be submitted to FEMA. g. Rehabilitation or replacement costs of operational equipment will be reimbursed if the piece of equipment was used at the disaster site or on disaster exercises, as authorized by FEMA. FEMA will consider on a case-by-case basis the replacement of lost or stolen equipment. When that equipment was not lost or stolen as a result of negligence on the part of the Task Force or its personnel,FEMA will replace that equipment. h. No Task Force or any Task Force member shall be reimbursed for costs incurred by activation outside the scope of this agreement. i. All financial commitments herein are made subject to the availability of funds and the further mutual agreements of the parties. VIII. Reporting Requirements a. The Sponsoring Agency will submit quarterly financial and activity reports to the State,to be forwarded to the FEMA Regional Office, and then to FEMA Headquarters, in accordance with the Cooperative Agreement. b. The Sponsoring Agency will submit to the State, in writing, a report to be forwarded to the FEMA Regional Office and then to FEMA Headquarters. This report shall contain all personnel changes as they relate to the composition of the Task Force. This is outlined in the FEMA Urban Search and Rescue Response System Operations Manual. c. The Participating Agency must report any information the Sponsoring Agency needs to fulfill its responsibilities as a sponsoring agency. These reports must be submitted within thirty (30) calendar days of receipt of request by the Participating Agency. The requests may include information regarding certification, licenses, or salaries of Participating Agency's Task Force Team Members. IX. Conditions,Amendments,and Termination a. This memorandum may be modified or amended only with written agreement of all parties, and all agreements will be attached to this MOA. The memorandum may be terminated by any party upon thirty days' written notice. 7 Docusign Envelope ID:9A792320-8DE4-4CD6-8FEB-9D5F8576936C b. FEMA complies with the provisions of Executive Order 11246 of September 24, 1965,as amended and with the rules, regulations, and relevant orders of the Secretary of Labor to the end that "(FEMA) will not discriminate against any employee or applicant for employment on the grounds or race, color, religion, sex,or national origin." In addition, use of federal facilities, supplies, and services will be in compliance with regulations prohibiting duplication of benefits and guaranteeing non- discrimination. Distribution of Supplies, processing of applications, provision of technical assistance, other relief activities, and other assistance activities shall be accomplished in an equitable, impartial manner,without discrimination on the grounds of race, color, religion, nationality, sex, age, economic status, or sexual orientation. X. Liability a. Once a Task Force is activated under terms of the MOA, the following non-liability clause, stated in P.L.93-288, as amended, Section 305, will be in effect: 'The Federal Government shall not be liable for any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee (US&R Task Force Team Member) of the Federal Government in carrying out the provisions of this act."US&R Task Force Team Members are considered employees of the Federal Government. b. Since this MOA represents a contractual arrangement between FEMA and the participating sponsoring agency(s), FEMA agrees to reimburse worker's compensation claims and long-term disability claims of Participating Agency's Task Force Team Members based upon the compensation outlined in their own policies. For Task Force personnel not covered under the policy of the Sponsoring Agency's jurisdiction (i.e., canine handlers, structural engineers, doctors), FEMA will register those individuals as Disaster Assistance Employees and will provide coverage through Federal policies, as provided. c. The Task Force Team Members will be registered as volunteers with FEMA. Task Force Team Members will remain employed by their respective sponsoring jurisdictions for salary and assessments of other benefits; but upon activation,they will become Federal employees for the tort liability purposes of the Federal Tort Claims Act. FEMA will reimburse the sponsoring agency the normal and usual rates of pay and backfill costs accrued as a result of the activation of the Task Force by FEMA. d. For the purposes of worker's compensation and long-term disability, Task Force Team Members who perform disaster relief functions in connection with this US&R program will be considered performing within the scope of their employment in the Participating Agency's jurisdiction and, as such, subject to the state or local worker's compensation laws. The participating jurisdiction shall be reimbursed by FEMA for the payment of these benefits and expenses incurred as a result of a FEMA sponsored training exercise or disaster response. 8 Docusign Envelope ID:9A792320-8DE4-4CD6-8FEB-9D5F8576936C e. Those individuals who are not employees of the sponsoring/participating agency will be either brought onto the sponsoring jurisdiction or the State's payroll as contingent employees for purposes of consolidated billing. If the State or local jurisdiction cannot accomplish this, FEMA will register these individuals as Federal employees at Federal pay schedules established in conjunction with the National US&R Program. XI. Insurance a. Task Force Members shall, at all times during the term hereof, maintain such insurance coverage as may be required by the agency of their employer. All such insurance, including renewals, shall be subject to the approval of their employer on certificates of insurance indicating such insurance to be in force and effect and providing that it will not be cancelled during the performance of the services under this contract without thirty (30) calendar day's prior written notice to their employer. Completed certificates of insurance shall be filed with their employer prior to the performance of services hereunder, provider however, that Task Force Members shall at any time upon request file duplicate copies of the policies of such insurance with their employer. b. g in the judgment of individual Task Force Team Members' employers,prevailing conditions warrant the provision by Task Force Members of additional liability insurance coverage or coverage which is different in kind,then their employer reserves the right to require the provision by Task Force Members of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty(30)calendar days prior to the date on which the requirements shall take effect. Should a Task Force Team Member fail or refuse to satisfy the requirement of changed coverage within thirty (30) calendar days following their employer's written notice of the change, this MOA shall be considered terminated on the date the required change in policy coverage would otherwise take effect. XII. Termination a. This agreement will be terminated immediately should Participating Agency fail to comply with any requirements of this MOA. b. This agreement will be terminated immediately should Participating Agency fail to respond to any requests for information by the Sponsoring Agency within the specified amount of time. XIII. Miscellaneous Provisions a. This Agreement shall be construed and enforced according to the laws of the State of California. b. Title and paragraph headings are for convenient reference only and are not meant to be a part of this MOA. c. No waiver or breach of any provision of this MOA shall constitute a waiver of any subsequent breach of the same or any provision hereof, and no waiver shall be effective unless made in writing. 9 Docusign Envelope ID:9A792320-8DE4-4CD6-8FEB-9D5F8576936C d. Should any provision, paragraph, sentence,word, or phrase contained in this MOA be determined by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable under the laws of the State of California or the City/County of San Diego, such provision, paragraph, sentence, word, or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed serviceable, and in either event, the remaining terms and provisions of this MOA shall remain unmodified and in full force and effect or limitation of its use. e. This MOA constitutes the sole and entire agreement between the parties hereto.No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. XIV. Execution a. In Witness Whereof, the parties hereto have caused this MOA to be executed by the persons thereto legally authorized, on the date entered on the first page. b. The parties hereby acknowledge the foregoing as the terms and conditions of their understanding. Sponsoring Agency: Date: 01/28/2026 Z Official Signature Name and Title: Robert Logan,Fire Chief, San Diego Fire-Rescue Department Participating Agency: r—DocuSigned by: Date: Q 1/26/2026 Official Signaturet-41A' V t f(16t tS Name and Title: Sean deMetropolis, Fire C1iief, Orange City Fire Department ATTEST: Signd by: t6&!EWCity Clerk APPROVED AS TO FORM: DocuSigned by: tiatififin tn,City Attorney 10