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HomeMy WebLinkAbout12-01-2003 ITEM VIII-B-1CITY !:,-.tOF U-1 ca WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Date: Resolution No. 3661 November 25, 2003 Department: Attachments: Budget Impact: Fire Resolution No. 3661 Administrative Recommendation: City Council adopt Resolution No. 3661. Background Summary: Resolution No. 3661 authorizes a renewal and amendment of the Memorandum of Agreement between Pierce County and participating agencies in the Puget Sound Urban Search and Rescue Task Force. The City initially entered into the Memorandum of Agreement in August 17, 1998 with the adoption of Ordinance No. 5133. 02.3 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes []No Call for Public Hearing Referred to Until_/_ Tabled Until _/_/_ Councilmember: Singer Staff: Vandver Meeting Date: December 1, 2003 Item Number: VIII.B.1 AUBURN* MORE THAN YOU IMAGINED RESOLUTION NO. 3661 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE CITY TO ENTER INTO A MEMORANDUM OF AGREEMENT RENEWAL AND AMENDMENT BETWEEN PIERCE COUNTY AND PARTICIPATING ORGANIZATIONS IN THE PUGET SOUND URBAN SEARCH AND RESCUE TASK FORCE WHEREAS, on August 17, 1998, the Auburn City Council adopted Ordinance No. 5133 authorizing the City of Auburn to enter into a Memorandum of Agreement between Pierce County and participating organizations in the Puget Sound Urban Search and Rescue Task Force; and WHEREAS, the parties to that Memorandum of Agreement desire to retroactively renew and reaffirm the understandings in said Agreement and to make certain changes in those understandings; and WHEREAS, the provisions of this Memorandum of Agreement apply only to the National Urban Search and Rescue Response System activities performed at the request of the Federal government, provided at the option of the Participating Organization and the State, and in conjunction with, preparation for, or in anticipation of, a Presidential declaration of disaster or emergency. NOW, THERORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn is hereby authorized to execute the Memorandum of Agreement between Pierce County and Participating Organizations in the Puget Sound Urban Search and Rescue Task Force. A copy of said Agreement is attached hereto as Exhibit "A" and incorporated herein by this reference. Resolution No. 3661 November 20, 2003 Page 1 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall take effect and be in full force upon passage and signatures thereon. DATED AND SIGNED this day of , 2003. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam City Clerk Daniel B. Pfe"'id- City Attorney Resolution No. 3661 November 20, 2003 Page 2 RENEWAL & AMENDMENT of the WASHINGTON STATE URBAN SEARCH & RESCUE TASK FORCE (WA -TF1) MEMORANDUM OF AGREEMENT With the City of Auburn Fire Department (A "Participating Organization") This Agreement is entered into this day of 20_, by and between (hereinafter referred to as "the Participating Organization") and Pierce County, Washington (hereinafter referred to as "the County'), the primary Sponsoring Jurisdiction for Washington Task Force 1("WA TF1), an Urban Search and Rescue ("US&R") Task Force. WHEREAS, The County and the City entered into a "MEMORANDUM OF AGREEMENT BETWEEN PIERCE COUNTY AND PARTICIPATING ORGANIZATIONS IN THE WASHINGTON STATE TASK FORCE" as of January 14, 1994, for a period ending December 31, 1994, which agreement was renewed for the period from April 24, 1995, through December 31, 1996; and WHEREAS, the parties to that Memorandum of Agreement desire to retroactively renew and reaffirm the understandings in said Agreement and to make certain changes in those understandings; NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, PERFORMANCES AND AGREEMENTS HEREINAFTER DESCRIBED, THE PARIES HERETO MUTUALLY AGREE AS FOLLOWS: L TERM OF AGREEMENT This MEMORANDUM OF AGREEMENT ("MOA!) is effective as of the date the County, for and on behalf of the Washington State Urban Search & Rescue Task Force ("WA TF1"), receives an Alert notice from FEMA regarding the potential Activation of the Task Force. Unless otherwise agreed by the parties hereto, this MOA shall remain in effect for the duration of any such Activation through the period of any resulting Deployment, Deactivation and whatever additional period is required for financial accounting, the restoration and replenishment of equipment for the Task Force Equipment Cache, and other activities associated with such Activation, or until a new Memorandum of Agreement is submitted for signature by FEMA to the county and the County notifies the Participating Organization of the fact, or this Agreement is terminated pursuant to the provisions hereof; whichever is the earliest. 11 SCOPE A. The provisions of the Memorandum apply only to the National US&R Response System activities performed at the request of the Federal government, provided at the option of the Participating Organization and the. State, and in conjunction with, preparation for, or in anticipation of, a Presidential declaration of disaster of Emergency. B. For the purposes of the Memorandum of Agreement, references to the Task Force, or Task Force personnel or activities, shall be deemed to refer to National Urban Search and Rescue Response System ("System") teams personnel or activities. The System includes, but is not limited to, Task Forces, Incident Support Teams, and Field Assessment Teams. References in this Agreement refer specifically to the Task Force, the System, or specific elements, personnel, or teams. III. DEF 41MONS A. Activation: the formal request by FEMA to a sponsoring jurisdiction, via procedures outlined in § V. PROCEDURES, to mobilize their Task Force and respond. The response standard is for the Task Force to arrive with all equipment and personnel at a pre -designated deployment site within six (6) hours of the activation notice. For the purposes of this agreement, the primary deployment site is McChord Air Force Base. Activities related to an activation are reimbursable. B. Advisory: issues information about an impending event or an event, which has occurred. An Advisory is issued when no Federal involvement is expected, but informs the recipient of what the Federal government is doing to prepare for an event. C. Alert: the process of informing Task Forces that an event may occur or has occurred and that Task Forces may be activated at some point within a 12 -hour time frame. Upon receiving an Alert, the recipient may need to engage in administrative preparations, which will be chargeable against the disaster. Task Forces are not authorized to initiate emergency procurement of equipment during this level of notification. D. Associate Director: the Associate Director for State and Local Programs and Support Directorate, FEMA, E. Department of Defense (DOD): the Department of Defense, to include military and civilian components. DOD is the primary agent for coordinating US&R efforts under Emergency Support Function #9 US&R, under the Federal Response Plan. F. Director: the Director of the Federal Emergency Management Agency. G. Disaster Medical Assistance Team (DMAT): a functional unit activated under the National Disaster Medical System (NDMS) which provides austere medical care in a disaster area or medical services at transfer points and reception sites associated with patient evacuation. This program is managed by the Public Health Service (PHS). H. Emer ency Information and Coordination Center(EICC): a control center located within FEMA headquarters in Washington, D.C. to provide interagency coordination of assistance to emergency or disaster areas. I. Emergo—gY Support Function: annexes in the Federal Response Plan numbered 1 through 12, that define functional areas of responsibility, describe organizational structures, and provides specific information to Federal agencies and departments to facilitate a coordinated Federal delivery of disaster response assistance to supplement State and local emergency response efforts. J. Excepted Temporary Federal Service: the federal employment status of task force members when they are activated by FEMA, so they can be treated as federal employees for the tort liability purposes of the Federal Tort Claims Act. K. Federal Response Plan: the plan (for Public Law 93-288, as amended), establishing the basis for the provision of Federal assistance to a State and affected local governments impacted by a catastrophic or significant disaster or emergency which results in a requirement for Federal response assistance. The Plan outlines the planning assumptions, policies, concept of operations, organizational structures and specific assignments of responsibility to the 27 Federal agencies and departments, grouped into Emergency Support Functions (ESF), that will provide coordinated response assistance to supplement State and local response efforts. L. FEMA: the Federal Emergency Management Agency. M. Hard Match: FEMA's process of matching a sponsoring jurisdiction's cash expenditure with a cash reimbursement at a predetermined ratio. N. Incident Commander: the individual(s) responsible for the overall orchestration and coordination of an emergency incident. O. National Disaster Medical System (NDMS): a cooperative effort of the Department of Health and.Human Services (IIiS), Department of Defense (DOD), Department of Veteran Affairs (VA), FEMA, and 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. P. National Emergency Coordinating Center (NECC): a primary notification center managed around the clock by FEMA located in Berryville, VA. Q. Participating_ Organization: apublic entity which has entered into an agreement with the county to provide support (personnel, equipment, services or funding) at its most recently established level for the continued operation of the Washington State Urban Search & Rescue Task Force. R. Soft Match: FEMA's process of marching any type of expenditure by a sponsoring jurisdiction with a cash reimbursement at a predetermined ratio. S. Special DMAT Team: the medical component of a US&R Task Force which provides medical care to the team members, team canines, victims located by the team, and the local disaster area medical system in that order. Although following guidelines similar to the NDMS, the Task Force special DMAT team is activated only when the Task Force is Activated. T. Sponsoring Jurisdiction: a public entity providing official sanction to a US&R Task Force. For the purpose of this Agreement, the Sponsoring Jurisdiction is Pierce County, Washington. U. State: the State of Washington. The Military Department is the administering agency for the US&R Task Force for the State. V. Task Force: an integrated collection of personnel and equipment meeting standardized capability criteria for addressing the special needs of US&R. W. Task Force Leader: the individual(s) responsible for management and tactical direction of the team, including, but not limited to training, administration, equipment maintenance, accountability, and mobilization. X. Urban Search and Rescue: specialized tactics and operations suited to the unique lifesaving problems presented in structural collapse situations. W. RESPONSIBILITIES A. FEMA agrees to: 1. Provide coordination, when appropriate, among the County, the state and local jurisdiction(s) receiving assistance, and other relevant governmental and private parties; 2. Provide limited funding and technical support for equipment and training specifically aimed at preparing the Task Force to be fully implementable Task Force, as prescribed in the FEMA Urban Search & Rescue Response System Manual; 3. Provide assistance to the Task Force in obtaining supplies and equipment from Federal and donor sources for training and use in disaster situations; 4. Register Task Force members in the status of "Excepted Temporary Federal Volunteer Service" under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, to treat them safely as federal employees for the tort liability purposes of the Federal Tort Claims Act; 5. Provide full reimbursement for all costs incurred by the County and the Participating Organizations as outlined in the §VI. FINANCIAL AGREEMENTS; 6. Provide reimbursement for out-of-pocket expenses for task force members deployed to a disaster site as outlined in §VI. FINANCIAL AGREEMENTS; and, 7. Provide document control at the Regional office ensuring all reports are directed to FEMA Headquarters, Federal Response Division, Attn: US&R. B. The State agrees to: 1. Maintain a 24-hour alert capability for activating the Task Force, including a point -of -contact or duty officer available at all times; 2. Implement the appropriate alert and activation procedure of the Task Force if requested to do so by FEMA; 3. Issue a Mission Number upon the activation of the Task Force to provide protection for emergency workers while they are supporting the Task Force mobilization within the State of Washington; and; 4. Provide document control at the State Division of Emergency Management, to ensure that all reports are directed to the appropriate FEMA regional point of contact. C. The County a Tees to: Provide an administrating agency, which will be the County's Department of Emergency Management, to carry out the herein agreed upon responsibilities of the County; 2. Recruit and organize the Task Force, in cooperation with the other Participating Organizations involved with the Task Force, making every reasonable effort to fill Task Force Positions in accordance with the guidelines prescribed in the FEMA Urban Search and Rescue Response System Manual; 3. Execute separate Memoranda of Agreement (MOAs) with Participating Organizations which obligate them to the terms of this agreement and the specific responsibilities of a Participating Organization, including but not limited to the accountability of the equipment said Participating Organizations purchase with matching funds; and, obligate the parties to this MOA to all of the specific terms and conditions outlined in this MOA. 4. Execute a separate Memorandum of Understanding (MOU) with PHS, attached as Attachment A, and register all medical personnel on the Task Force through PHS as a specialized DMAT; 5. Provide training, with limited support and guidance from FEMA, with the objective of assisting Task Force members in upgrading, developing and renewing skills, as needed, to maintain qualifications for Task Force positions according to the criteria and guidelines described in FEMA's US&R Task Force Description Manual; 6. Develop, practice, and implement an internal call -out system for Task Force members; 7. Manage, administrative, financial, and personnel issues as they relate to the Task Force, including the filing of all original paperwork, with copies being distributed as outlined in § VII. REPORTING REQUIREMENTS; 8. Provide other reporting as delineated in § VII. REPORTING REQUIREMENTS; 9. Develop, maintain and be responsible for US&R specific equipment purchased with matching funds from FEMA and Pierce County; 10. Coordinate personnel and equipment for US&R exercises, as agreed upon with FEMA and the State, subject to the availability of such Task Force personnel and equipment based upon State and Local requirements and the use of equipment purchased with FEMA matching funds is limited to FEMA. sanctioned response activities, appropriate responses as determined by the County and the Participating Organizations, and mutually agreed upon training. D. The Participating~Organization agrees to: Participate in the development of the Task Force by providing one or more of the following: a. Representation on the Task Force, b. . Representation on one or more Task Force committees; C. Participation in Task Force training; or; d. Facilities for Task Force committee meetings; 2. Provide funds, if appropriate, to be matched by FEMA for the purchase of US&R related equipment needed by the Task Force for the development of a standing US&R Equipment Cache as described in FEMA's Urban Search and Rescue Response System Manual and develop, maintain, and provide accountability for any such equipment purchased; 3. Donate, if appropriate, US&R related equipment and/or supplies, as described in FEMA's Urban Search and Rescue Revonse ystem Manual and in the possession of the Participating Organization, for the mobilization and response within six (6) hours after a FEMA and/or State activation, and such equipment and supplied shall be listed and identified on forms provided by the County; 4. Make every reasonable effort to provide any US&R related equipment and/or supplied as described in the FEMA's Urban Search and Rescue Response System Manual and in the possession of the Participating Organization, for mobilization and response within six (6) hours after a FEMA and/or State activation, and such equipment and supplies shall be listed and identified on forms provided by the County; 5. Recruit members for filling Task Force positions according to the criteria and guidelines described in the FEMA Urban Search and Rescue Response System Manual and provide and update the names and background information of participating members on forms provided by the County; 6. Provide the agreed upon personnel and equipment for US&R-related training exercise, subject to the availability of such Task Force personnel and equipment which will be based upon local requirements and priorities at the time such personnel and equipment are needed, for training for developing, upgrading, or renewing skills as needed to maintain qualifications for particular positions on the Task Force according to the criteria and guidelines described in the FEMA Urban Search and Rescue Response System Manual; 7. Participate in the development of an internal Task Force personnel call -out equipment mobilization procedure, to be developed with the County, with the objective of having personnel and equipmentarrive at McChord AFB within six (6) hours from the time of official activation; S. Maintain 24-hour Task Force member alert capabilities, and provide to the County a 24-hour emergency phone number or point of contact available at all times, consistent with the mutually agreed to Task Force call -out procedures, for activating team members; and, 9. Provide administrative, financial and personnel management as they relate to the Participating Organization's Task Force personnel and equipment, including the documentation of all costs incurred by the Participating Organization's member(s) relating to activation of the Task Force, and file all original paperwork with the Participating Organization and copies, as outlined in § VII. REPORTING REQUIREMENTS, with the County. E. DOD, a supporting agent for coordinating US&R efforts, has the following responsibilities under Emergency Support Function #9 (CTS&R) under the Federal Response Plan: 1. Provide transportation of US&R Task Forces to and from the point of departure, mobilization and disaster sites; 2. Provide logistical, maintenance, and other support to deployed US&R Task Forces; and 3. While a Task Force is deployed, coordinate the replacement and/or rehabilitation of expended, damaged, lost, or destroyed US&R Task Force Equipment and supplies used in the course of operations. F. Task Force Leaders on Deployment: 1. Have the authority for supervision of Task Force personnel in carrying out the assignments and mission of the Task Force, and have the responsibility and authority to assure that Task Force personnel carry out and comply with all rules, regulations, policies and procedures of FEMA and the Washington State Urban Search and Rescue Task Force. 2. May individually, receive complaints and/or allegations concerning violations of ethics and conduct policy by Task Force members while on deployment. After the receipt of any such complaint or allegation, the Task Force Leaders assigned to the deployment shall meet, confer on the facts and/or circumstances of the alleged violation and by majority vote, decide on the appropriate course of action. The appropriate course of action may range from a verbal admonishment up to returning the subject of such complaint or allegation immediately to his/her home jurisdiction. Consistent with the ethics policy, all complaints and/or allegations concerning violations of the ethics and conduct policy by any team member shall be transmitted to the Policy Board in writing. V. PROCEDURES A. Alert and Activation 1. Upon request from any State government for Federal disaster assistance, or the determination by FEMA that pre -positioning US&R Task Forces is prudent, FEMA shall request the activation of US&R Task Forces necessary to respond to the emergency or disaster situation Alert notifications may be initiated independently by FEMA. 2. Alert and/or Activation notices shall be communicated by the EICC or NECC, through the. State of Washington Military Department Division of Emergency Management Duty Officer to the Task Force through mutually agreed to notification procedures. B. Mobilization, Deployment, and Re -De l�oyment 1. Members of the Task Force shall be notified in accordance with Task Force notification procedures. 2. Members of the Task Force shall mobilize and move personnel and equipment to McChord Air Force Base, making every effort to have personnel and equipment at McChord AFB within the six (6) hour mobilization standard. 3. Upon arrival at the mobilization area, DOD shall provide an on -ground briefing, maps, food and housing (as necessary) and other items essential to the immediate deployment and operations of the Task Force. DOD will supply a liaison and a radio operator to each Task Force deployed to a disaster site. 4. DOD shall provide transportation between the mobilization area and the disaster site. 5. Upon completion of the US&R mission, the Task Force shall be re -deployed to McChord AFB or other airfield near the point of origin by DOD airlift. C. Management Under Emergency Support Function (ESF) #9 — Urban Search and Rescue, of the Federal Response Plan, DOD has overall management responsibilities of US&R Task Forces from their activation to their arrival at a declared disaster area, and from deactivation until their return to their original point of departure. 2. Tactical employment of US&R Task Forces will be passed from DOD to the local or on-site Incident Commander within the disaster area. VL FINANCIAL AGREEMENTS A Future Funding for training and equipment may be allocated as determined by FEMA. B. Upon Activation, Task Force members not activated as a Disaster Assistance Employee will be registered as "Excepted Temporary Federal Voluntee&' with FEMA. Task Force members remain employed by the County or their respective Participating Organization for salary and assessments of other benefits as provided in attachment B. FEMA will reimburse the County and the Participating Organization the normal and usual rates of pay and back -fill costs accrued as a result of the Activation of the Task Force by FEMA. C. From the time of activation by FEMA until the. Task Force is returned to its point of embarkation and fully demobilized, the County and the Participating Organizations shall be fully compensated by FEMA for the response of Task Force personnel in accordance with the then current employee pay schedules, union contracts, benefits, and policies set forth by the County and the Participating Organizations. D. For the purposes of worker's compensation and long term disability, Task Force members who perform disaster relief functions in connection with this US&R program will be considered performing within the scope of their employment with the County or respective Participating Organization, and as such, subject to the appropriate State and local worker's compensation laws. The County and the respective Participating Organizations 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. E. FEMA will pay the costs of back -fill for all Task Force members who respond on a Federal Activation. This shall consist of expenses generated by the replacement of a Task Force member in the position, which the Task Force member should have been working, meaning overtime, but not the basic salary for the replacement person. The County or the Participating Organization may use whatever method it chooses to . reclaim expenses, provided the basic salary of the replacement worker is not included in the request for reimbursement. This provision applies only to Task.Force members who respond as part of the activated Task Force for service on the Task Force, and does not include System members responding as part of, or to serve on, an Incident Support Team or Field Assessment Team. F. Any reasonable expense incurred by the County, and the Participating Organizations, for the purpose of mobilizing the Task Force in response to a Federal activation and/or alert or demobilizing (returning the Task Force to a state of readiness with the home jurisdiction) shall be paid for by FEMA G. Medical team personnel shall be registered as Special Disaster Medical Assistance Team members under the guidelines of the U.S. Public Health Service's (PHS) "National Disaster Medical System". (See Attachment A-- PHS MOU). Compensation for medical personnel shall be in accordance with § VI. B above. H. Task Force members shall be reimbursed for travel and per diem costs in accordance with Federal travel regulations, unless otherwise authorized. I. Task Force members shall be reimbursed for reasonable personal costs of operations and maintenance incurred in conjunction with Task Force mobilization and disaster operations. J. Rehabilitation or replacement costs of non -expendable equipment will be reimbursed if the piece of equipment was used at a disaster site or on disaster exercises, as authorized by FEMA. While FEMA will consider on a case-by-case basis the replacement of lost or stolen equipment, where the 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. K. No Task Force or any Task Force member shall be reimbursed by FEMA for costs incurred by activations outside the scope of this agreement. L. The County shall act as the central agent for the submission of all reimbursement claims to FEMA through the State, and the disbursement of all compensations from FEMA regarding FEMA -sanctioned US&R Task Force Activities. M. Unless otherwise notified by FEMA, all equipment purchased for Task Force purposes and not reimbursed by FEMA shall be owned proportionately by the entity (ies) that paid in part for that equipment. Equipment purchased by an entity that was reimbursed by FEMA for such purchase shall be the property of the Task Force and any ownership distribution of such equipment shall only be made with the approval of the WA TF1 Policy Board. Unless otherwise notified by FEMA, equipment purchased upon mobilization through the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288), as amended, is the property of FEMA and as such, must be included in the Task Force's stand alone equipment cache(s) and cannot be used for day to day operations. N. All financial commitments herein are made subject to the availability of funds and the further mutual agreement of the signatory parties. Emergency procurement by the County or Participating Organization is authorized for seventy-two (72) hours following the time of Activation. Expenditures beyond the amount specified in the Activation notice will not be reimbursed. All emergency procurement must be confirmed to purchase of approved equipment in approved quantities. Only equipment listed on the latest approved Equipment Cache list is approved for purchase, and only in the quantities and within the cost constraints listed unless otherwise authorized by FEMA. FEMA reserves the right to review all such purchases and reject reimbursement for those purchases deemed by FEMA to be unreasonable in -the light of standard FEMA procurement limitations (unless FEMA has approved an exception thereto), those which exceed cost caps identified in the cache list (unless FEMA has approved an exception hereto), and those duplicative of prior procurements with Federal funds (unless such purchases were to replace material that were to replace material that has become obsolete). Billing and appeals procedures are attached to this document as Appendix D. VII. REPORTING REQUIREMENTS A. The County will submit quarterly financial and activity reports in accordance with the Comprehensive Cooperation Agreement with the State of Washington § VI., Reports. B. The County will submit to FEMA, SL -CD -PROP, Attn: US&R, in writing, all personnel changes as they relate to the composition of the Task Force, including information on personnel. training and qualifications upgrades. As new members are admitted to positions on the Task Force, the relevant portions of the qualifications list will also be submitted. Information copies will be sem to the State and to FEMA Region X. C. The County will submit a copy of the PHS MOA, when it is completed and signed, to FEMA, SL -CD -PR -OP, Attn: US&R. Information copies will be sent to the State and to FEMA Region X. D. Verification of the Task Force member credentials, as they relate to the criteria outlined in FMWs US&R Task Force Description Manual, will be submitted by the County to FEMA on an annual basis or at other times as requested by FEMA. Information copies will be sent to the State and to FEMA Region X. E. After an activation and subsequent demobilization by FEMA after the emergency is over, the County will collect all documentation related to County and Participating Organization costs associated with the activation, including but not limited to personnel costs, administrative costs, equipment repair and replacement, back -fill costs, overtime, and other compensation, and file a master billing to FEMA for reimbursement. Information copies will be sent to the State and to FEMA Region X. F. FEMA shall send Task Force reimbursement to the County, which will in turn distribute appropriate reimbursement to the Participating Organizations. VIII. CONDITIONS,,AMENDMENTS, AND TERMINATION A Non-discrimination 1. FEMA, the State, the County and the Participating Organization will not discriminate against any employee or applicant for employment on the grounds of race, color, religion, sex, or national origin in fulfilling any and all obligations under this agreement. 2. Use of Federal facilities, supplies and services will be in compliance with regulations prohibiting duplication of benefits and guaranteeing non- discrimination. Distribution of supplies, processing of applications, provision of technical assistance and other relief and assistance activities shall be accomplished in an equitable and impartial manner, without illegal discrimination on the grounds of race, color, religion, nationality, sex, age or. economic status. B. Severability. Any provision of the Memorandum of Agreement or 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 superseded by that law or regulation. Any provision found inoperable is severable from the remainder of the Memorandum of agreement, and the remainder of the Memorandum of Agreement shall remain in full force. C Termination. The Memorandum of Agreement may be terminated by any party upon 30 days written notice. FEMA reserves the right to terminate this Memorandum of Agreement, and remove from the System any Task Force which does not perform to the standards outlined for a Task Force as established and evaluated by FEMA Headquarters or its designees. This includes, but is not limited to, failing to abide by: (1) any provision of this Memorandum of Agreement; (2)1 any applicable Federal law or regulation; (3) any relevant System operational or procedural guidance; and (4) any code of conduct promulgated by FEMA, including provisions of 44 C.F.R. Section 15.1. IX. LIABILITY AND WORKER'S COMPENSATION A. Liability of Individual Task Force Members 1. A signature of a representative of the county and the State shall constitute the consent of such governmental organizations for the purposes of P.L. 93-288, as amended, Section 306 (a), which states: "In carrying out the purposes of this Act, any Federal agency is authorized to accept and utilize the services or facilities of any State or local government, or of arty agency, office, or employee thereof, with the consent of such government. " 2. Upon Activation, each System member not activated as a Disaster Assistance Employee shall be appointed as an "Excepted Temporary Federal Volunteer," under the authority of P.L.93-288, Section 306(b)(1). This appointment shall not interfere with the System members seniority or pension rights, and should not be interpreted as an interruption of their continuous service. 3. As "Excepted Temporary Federal Volunteers," System members shall be considered employees for the purposes of the Federal Tort Claims Act (FTCA), 28 U.S.C. Section 2671 et seq. Upon Activation, among other provisions of Federal Law, the Non -Liability clause as stated in P.L. 93-288, as amended, Section 305, will be in effect: "The Federal Government shall not be liable for my claim based upon the exercise or per of or the failure to exercise or perform a discretionary function or duty on the part of a Federal Agency or an employee of the Federal government in carrying out the provisions of this Act " B. Worker's Compensation, Long Term Disability, and Death At Activation, as "Excepted Temporary Federal Volunteers', and when participating in FEMA -sponsored functional training or FEMA -sanctioned training and exercises, System members shall be eligible for coverage under the Federal Employees' Compensation Act. 2. All Federal workers' compensation claims shall be filed with the FEMA Office of Human Resources Management within the statute of limitations delineated in the Federal Employees' Compensation Act. 3. As employees of the County or Participating Organization, System members may also file a claim with the State Worker's Compensation Board. Depending upon applicable State law, the state workers' compensation board may be responsible for payment of the claim under existing agreements, which may be offset by the Federal Workers' compensation Award. The Federal government will not reimburse the State, County or Participating Organization for any payments made by a local or State workers' compensation board. 4. The benefit levels and schedule of awards for Federal workers' compensation are those delineated in the Federal Employees' Compensation Act, as administered by the Department of Labor. 5. In the event of death of a System member in the line of duty, the System member shall be considered a member of a Federal Rescue Squad for the purposes of the Public Safety Officers Benefit Act, 42 U.S.C. Section 3796 et seq. C. Federal Employment Status Coverage under the Federal Tort Claims Act and the Federal Employee Compensation Act refers to the grant of Federal employment status to System members engaged in activities pursuant to this Agreement Federal employment status shall begin and end in accordance with the common law Rule of Going and Coming. 2. The interpretation of scope of employment is necessarily subject to the law of the state where the injury, act, or omission occurred. D. Responsibility for Activity That Is Not FEMA Sponsored Except for Federal activation and FEMA -sponsored functional training, all other activities, including non -FEMA -sponsored drills, training and exercises shall be the responsibility of the County, Participating Organization, or the State. FEMA will not be financially or legally responsible for any costs or claims arising from activities which are the responsibility of the County, Participating Organization or the State, including but not limited to, workers' compensation and tort liability. E. FEMA Non -Responsibility for Pension Payments FEMA is not responsible for the payment. or reimbursement of any pension payments, which may become due to the System member as a result of Federal System activities. X. ATTACHMENTS A. PHS/Specialized DMAT MOU B. Task Force Personnel Pay and Benefits Schedule XL SIGNATURES In witness of their agreement, the parties hereto have had their authorized representatives sign their respective names in the spaces below: PIERCE COUNTY AUTHORIZING OFFICIAL Approved as to Form: Recommended by: Deputy Prosecuting Attorney DATE Director, Pierce County Department of Emergency Management AUTHORIZING OFFICIAL PARTICIPATING ORGANIZATION Date Date,