HomeMy WebLinkAbout2001-24457 RESO
RESOLUTION NO. 2001-24457
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF
MIAMI, FLORIDA AND THE CITY OF MIAMI BEACH REGARDING THE
PARTICIPATION OF THE MIAMI BEACH FIRE DEPARTMENT IN THE
SOUTH FLORIDA URBAN SEARCH AND RESCUE (US&R) TASK FORCE, FL
TF2.
WHEREAS, the City of Miami Beach Fire Department is a participant in the South
Florida Urban Search and Rescue (US&R) Task Force FL TF2; and
WHEREAS, the City of Miami is the Coordinating and Sponsoring Agent of the Task
Force; and
WHEREAS, participation in the Task Force is subject to the Agreement which defines
the roles and responsibilities of the participating agencies prior to, during and after a
mobilization/deployment of the task force.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Manager is
authorized to execute a Memorandum of Agreement between the City of Miami, Florida and the
City of Miami Beach regarding the participation of the Miami Beach Fire Department in the
South Florida Urban Search and Rescue Task Force, SF TF 2.
PASSED AND ADOPTED THIS ~ DAY OF June ,2001.
ATTEST:
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APPROVED AS TO
FORM & lANGUAGE
" FOR CUTION
5-;/2-01
Date
CITY OFM~AMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM NO. 361-0/
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
Jorge M. Gonzalez 'A' ",../
City Manager U tJv D
DATE: June 6, 2001
FROM:
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF MIAMI, FLORIDA AND THE CITY OF MIAMI
BEACH REGARDING THE PARTICIPATION OF THE MIAMI BEACH
FIRE DEPARTMENT IN THE SOUTH FLORIDA URBAN SEARCH AND
RESCUE (US&R) TASK FORCE, FL TF 2.
ADMINISTRATIVE RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The City of Miami is the Coordinating and Sponsoring Agent of the South Florida Urban Search and
Rescue (US&R) Task Force FL TF 2. The Miami Beach Fire Department is a participant in the Task
Force. The Task Force is a part of the National Urban Search and Rescue Response System, under
direction and control of the Federal Emergency Management Agency (FEMA).
The purpose of the Task Force is to search for, extricate and provide immediate medical treatment
of victims trapped in collapsed structures, regardless of cause.
The Memorandum of Agreement defines the roles and responsibilities of the participating agencies
prior to, during and after a mobilization/deployment of the task force, as directed by FEMA.
The City Commission should adopt this Resolution.
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AGENDA ITEM
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DATE
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April 26, 2001
CARLOS A. GIMENEZ
City Manager
WILLIAM W. BRYSON
Fire Chief
Floyd Jordan, Fire Chief
Miami Beach Fire Rescue
2300 Pinetree Drive
Miami Beach, FL 33140
.
Dear Chief Jordan:
I am happy to submit to you the final Memorandum of Agreement (MOA) for the Urban
Search and Rescue Program between the City of Miami and your organization. It is
ready for your final review and signature.
The MOA was finally approved by the City of Miami Legal Department in April and is
going before our City Commission on May 24th to authorize the City Manager to enter
into the agreement. We do not expect any problem or delay.
I am asking for you to have the MOA processed as soon as possible and returned to
Charles McDermott, US&R Coordinator at the Miami Fire Training Center, 3425 Jefferson
Street, Miami, FL 33133. For further information concerning these documents or any
other concerns, please contact Charles McDermott at 305-446-0722.
Again, I would like to thank you for your assistance and support of this local, regional
and national program. If you should have any additional questions, I may be reached at
305-416-1601.
Sincerely,
WWB/CM/acp
Attachments: Participating Agency MOA
FEMA Code of Conduct
Public Health Service Memorandum of Understanding
Draft of Proposed Code of Federal Regulations
List of Participating Agencies
MSOFFICFJUSARDAT NWORDILETTERSIFIRECHIEFSMEETING
DEPARTMENT OF FIRE.RESCUE/444 SW. 2nd Avenue/Miami. FL 33130/(30S) 416-1600
Mailing Address: P.O. Box 330708 Miami, FL 33233-0708
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MEMORANDUM OF AGREEMENT
FOR PARTICIPATING AGENCIES
This Agreement is entered into this 11ft day of $".)L , 2001, by
and between the City of Miami, a municipal corporation of the State of Florida, (the
"Sponsoring Agency") and the City of Miami 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-
'-f-8 f ,adopted on MPrJ '2-.4- , 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
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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 T. 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 S~onsoring Agency.
II. SCOPE
A. The prOVIsions of this Agreement apply to National US&R Response System
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.
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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.
D. 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 (NDMS), 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. Emeraency 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.
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K. Emeraency 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. Emeraency 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. Emeraency 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. Eauipment Cache: Equipment on the US&R Equipment Cache List that a Task
Force is required by FEMA to possess.
P. Eauipment Cache List: The FEMA approved inventory list of equipment by type
and quantity a Task Force is required to possess for operations.
Q. Federal Emeraency Manaaement Aaency (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.
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R. FEMA Reaion: 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 Trainina or Exercise: A training session or exercise that has
received FEMA sanction and is sponsored by an organization other than FEMA.
T. FEMA Sponsored Trainina or Exercise: A training session or exercise arranged
for and financed by FEMA, delivered either by FEMA or by another organization.
U. Federal Coordinatina 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 (DoD), Department
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of Veterans Affairs 0/A), 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. Participating Agency: 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 Assembly (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 Emergency 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
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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. Providing 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.
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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 (FCIO) 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.
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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. Within 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)
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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 purchase 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
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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 Participating 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.
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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. This 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.
B. 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).
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ATTEST:
ATTEST:
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Name: Robert Parcher
City Clerk
Title: APPROVED AS TO
FORM & lANGUAGE
. ,~FOR EXECUTION
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Date
PREPARED AND APPROVED BY:
Assistant City Attorney
, N~RE:
. .,.,) E. SOLDEVILLA
.~. i'~. IviANAGEMENT ADMINISTRATOR
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SPONSORING AGENCY
THE CITY OF MIAMI, a municipal
corporation of the State of Florida
BY:~
City Manager
PARTICIPATING AGENCY
NAME: JetgenM.::a€idi1aalez
BY: (!JJ.J~ C.V}AAV\ ~
TITLE: Ia~y-'Manager
APPROVED AS TO FORM AND
CORRECTNESS:
Alejandro Vilarello
City Attorney
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URBAN SEARCH AND RESCUE
CODE OF CONDUCT
. No transportation or use of illegal drugs/alcohol
. No rrre arms are allowed
. Normal radio ethics will be used, radio traffic between units will be kept to a
mmlDlUIn ....
. Know your chain of command and to whom you report
. Limit the procurement of equipment to what is needed
. Do not take things you have no authorization to take (no stealing)
,.,'. Act professional, this is not a vacation
. Team members will remain in a state of readiness even when not assigned a
specific duty
. Recreation will be limited to unassigned hours
.. Maintain and wear all safety clothing
. Wear the proper uniform
. Remember, your actions are a reflection of your organization and FEMA
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NATIONAL
DISASTER
MEDICAL
SYSTEM
Parlclawn Building, Room 4.81
5600 FIShers Lane
RoclcvWe. Maryland
20857
Tel (301) 443-1167
FAX (301) 443-5146
MEMORANDUM OF UNDERSTANDING
BETWEEN
u.s. PUBLIC HEALTH SERVICE
AND
'"
THE CITY OF MIAMI
MIAMI, FLORIDA
Purpose
This Memorandum of Understanding establishes procedures and
policies that will guide the parties hereto in the development and
use of organic medical response teams, through the National
Disaster Medical System (NOMS), as part of Federal Emergency
Management Agency (FEMA) desiqnated Federal Urban Search and Rescue
(US&R) Task Forces for disaster relief operations.
The National Disaster Medical System
A national emergency, whether from earthquake, tidal waves,
volcanic eruptions industrial accidents, terrorist attacks or a
conventional military conflict, could rapidly overwhelm the health
care resources of any particular area of the nation. The
possibility of such a mass casualty emergency in the United states,
no matter how remote, requires a coordinated response of the
nation's health care system. For this reason the Federal
government has established the National Disaster Medical System
(NOMS) to assist in the delivery of health care for victims of
incidents that exceed the medical care capability of an affected
State, region, or Federal health care system.
The NOMS is a joint effort of the Department of Health and Human
Services (HHS), the Department of Defense (000), the Federal
Emergency Management Agency (FEMA), and the Department of Veterans
Affairs (VA), and each manages a particular component of the
System.
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The NDMS is designed to provide medical aid in the form of medical
response units, a medical evaluation system, and a network of
hospitals that have agreed in advance to accept patients in the
event of such a mass casua~ty emergency.
The goal of NOMS is to create a medical mutual aid system that
links existing medical resources into a national network of medical
care. To this end, NOMS plans to develop mutual aid alliances with
public and private sector organizations throughout the Nation in an
effort to coordinate the development and use of the disaster
medical resources for national emergencies.
Parties to the Aareement
u.S. Public Health Service
#'\
In major disasters or emergencies, the united States Public
Health Service, (hereinafter referred to as the PHS), a
co~ponent of HHS, has the responsibility to provide Federal
medical and public health assistance. On a day-to-day basis
PHS, through its agencies or Regional Offices, may provide
technical advice and short-term assistance to State and local
health officials upon request, regardless of the magnitude of
the incident.
The PHS is the agency responsible for developing the medical
response component of NOMS.
THE CITY OF MIAMI DEPARTMENT OF FIRE RESCUE
The City Miami's Department of Fire Rescue (hereinafter
referred to as the Sponsor) presently provides emergency
medical services, including disaster medical services to the
City of Miami. The sponsor intends to foster development of
a disaster medical response capability and support the NOMS
program in national emergencies utilizing the resources-of the
City of Miami's Urban Search and Rescue Task Force.
ROLE AND RESPONSIBILITIES OF THE SPONSOR
The Sponsor agrees to:
Recruit, organize, train, and maintain a medical team(s)
that will serve as the organic medical component of an
Urban Search and Rescue US&R Task Force, in accordance
with current FEMA US&R Task Force guidance;
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Periodically verify that credentials of all team members
who are subject to state licensure, certification, or
registration requirements are current and valid. This
includes physicians, nurses, emergency medical
technicians, etc.:
Mobilize the team(s) for state, regional, or local
disaster service, as appropriate: and
Release the team(s) to PHS for Federal disaster service
when requested.
The team(s) will function under the day to day control and
supervision of the Sponsor. In the event of the State or local
emergency, the Sponsor may make the team(s) available to the State
'" or local agency responsible for disaster urban search and rescue
services, under the terms and conditions of applicable State law
and of agreements it may negotiate with the appropriate State and
local governments.
In the event of a major disaster or a national security emergency,
and upon request from the PHS, the Sponsor agrees to release the
team(s) and its members as part of the FEMA Task Force. At that
time the team members will become Federal employees. It is
understood that during any period of temporary Federal service the
medical component of the Task Force will function under the
operation control of the PHS; however, the medical component will
remain as a unit within the incident command system under the
overall command of the Task Force Leader. Following such Federal
service the team(s) will be returned to the control and authority
of the Sponsor.
ROLE AND RESPONSIBILITY OF THE PUBLIC HEALTH SERVICE
The PHS agrees to:
Provide general guidance and assistance on the
development, organization, and composition of teams, as
appropriate:
Provide a personnel system to assist in the
administration and management of the team(s):
Process medical team member applications and related
documentation and enroll qualified applicants in the NOMS
DMAT Personnel system:
Activate medical team members only in conjunction with
FEMA activation of the US&R Task Force that the team
supports (team members will be activated as Federal
volunteers for purposes of training, drills, and
exercises) .
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When a team has been released from Sponsor control during an
emergency:
Appoint members
employees, issue
appropriate;
o Compensate members for Federal service and
reimburse members for expenses incurred while
performing assigned tasks; and
to a
duty
Federal status as
and travel orders
PHS
as
o
o Return operational control of the team(s) and its
members to the Sponsor following the emergency.
When disengaged from the Sponsor and activated for temporary
Federal service, all'"of the volunteer participants of team(s)
will function as PHS employees under the management and
supervisory control of a designated Federal official. While
in Federal service, team members will have the same protection
against personal liability as other PHS employees for actions
taken within the scope of their Federal emploYment.
CONDiTiONS AND AMENDMENTS
Nothing contained in this MoU shall be construed to compel the
Sponsor to respond to any request for mobilization and deploYment
when any team (s) members are, in the opinion o,f the sponsor,
required to perform emergency services in their own jurisdiction.
It is further agreed by both parties that this MoU is a part of a
Memorandum of Agreement by and bet~een the Federal Emergency
Management Agency and the City of Miami and that the City of Miami
is a FEMA-sanctioned Urban Search & Rescue Task Force.
REFERENCES
The NDMS medical response component is established under the
combined authorities of section 311(c) of the PHS Act (41 USC 243
(c)), Executive Order 12656, and the Stafford Act (Pub. L. 93-288,
as amended) and is administered by PHS.
The general organization, personnel, and functions of NDMS Disaster
Medical Assistance Teams, as those terms are used herein, are
described in the Disaster Medical Assistance Team Oraanization
Guide, Report NDMS-86/1, July 25, 1986 (the "DMAT Organization
Guide").
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Effective Date. Modification. and Termination
This MoU becomes effective on the date of the last party' s
signature. It may be amended by agreement of the parties or
terminated by either party upon thirty days' written notice to the
other.
For the Sponsor
For the Public Health Service
tJ~~
(f'f;ank E. Young, M.D., Ph.D.
RADM, U. s. Public Health Service
Director, Office of ~rgency
Preparedness/National Disaster
Medical system
Cesar H. Odio
City Manager
City of Miami
7~h3
, .
Date
(, 1Z-~/'13
Date
Attest:
· ~16.
'.i I
Appfovedasto form
and correctness:
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DRAFT REGULATION 44 CFR 208, November 19, 1999
Billing Code 6718-02-P
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 208
RIN 3067-AC93
National Urban Search and Rescue Response System
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Proposed rule.
SUMMARY: We, FEMA, are proposing regulations governing the development,
operations, and maintenance of the National Urban Search and Rescue Response System.
In addition to general information on the National Urban Search and Rescue Response
System, the proposed rule contains information concerning preparedness and response
cooperative agreements with urban search and rescue task force sponsoring organizations,
reimbursement claims and appeals, and federal excess property policies and procedures.
DATES: We invite your comments on this proposed rule and will accept them through
[GPO insert date 60 days after publication in the Federal Register].
ADDRESSES: Please send comments to the Rules Docket Clerk, Office of the General
Counsel, Federal Emergency Management Agency, 500 C Street SW, room 840,
Washington, DC 20472, (facsimile) (202) 646-4536, or (email) rules@fema.gov.
FOR FURTHER INFORMATION CONTACT: Mark Russo, Response and
Recovery Directorate, Federal Emergency Management Agency, 500 C Street SW, room
609, Washington, DC 20472, (202) 646-2701, or (email) mark.russo@fema.gov.
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DRAFT REGULATION 44 CFR 208, November 19, 1999
SUPPLEMENTARY INFORMATION: The National Urban Search and Rescue
Response System was created by FEMA to provide a heavy rescue capability to assist
State and local governments in responding to structural collapse incidents. Currently,
there are 27 urban search and rescue task forces within the System throughout the United
States. FEMA maintains a memorandum of agreement with each of the task force
sponsoring organizations outlining roles and responsibilities of each party. FEMA
identified the need for more comprehensive guidelines to govern continued development,
" operations and maintenance of this System. The proposed regulations provide a
consistent basis for the System.
National Environmental Policy Act. This proposed rule would be categorically
excluded from the requirements of 44 CFR Part 10, Environmental Consideration. No
environmental impact assessment has been prepared.
Executive Order 12866, Regulatory Planning and Review. This proposed rule would
not be a significant regulatory action as defined under Executive Order 12866 of
September 30, 1993, Regulatory Planning and Review, 58 FR 51735, October 4, 1993.
To the extent possible, this rule would adhere to the principles of regulation set forth in
Executive Order 12866. The Office of Management and Budget has not reviewed this
proposed rule under the provisions of Executive Order 12866.
Paperwork Reduction Act. This proposed rule would not contain a collection of
information and would not be subject to the provisions of the Paperwork Reduction Act
of 1995.
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DRAFT REGULATlqN 44 CFR 208, November 19,1999
Executive Order 12612, Federalism. This proposed rule would involve no policies that
have federalism implications under Executive Order 12612, Federalism, dated October
26, 1987.
Executive Order 12778, Civil Justice Reform. This proposed rule would meet the
applicable standards of section 2(b )(2) of Executive Order 12778.
List of Subjects in 44 CFR Part 208
Disaster assistance, Grant programs.
Accordingly, we propose to add 44 CFR part 208 as follows:
PART 208 - NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM
SUBPART A - GENERAL
~ 208.1 Purpose and scope.
~ 208.2 Definitions of terms used in this part.
~ 208.3 Authority for the National US&R Response System.
. ~ 208.4 Purpose for System.
~ 208.5 Authority of the Associate Director.
~ 208.6 System Resource reports.
~ 208.7 Sanctions for violations of regulations or System orders.
~ 208.8 Code of conduct.
~ 208.9 Agreements between Sponsoring Organizations and Participating Agencies.
~ 208.10 Regulations incorporated by reference.
~~ 208.11 - 208.20 RESERVED
SUBPART B - PREPAREDNESS COOPERATIVE AGREEMENTS
~ 208.21 Purpose.
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DRAFT REGULATION 44 CFR 208, November 19,1999
~ 208.22 Definitions of terms used in this subpart.
~ 208.23 Preparedness Cooperative Agreement process.
~ 208.24 Allowable costs under Preparedness Cooperative Agreements.
~ 208.25 Purchase and maintenance.ofitems not listed on Equipment Cache List
~ 208.26 Obsolete equipment.
~ 208.27 Accountability.
~~ 208.28 - 208.30 RESERVED.
SUBPART C - RESPONSE COOPERATIVE AGREEMENTS
~ 208.31 Purpose.
~ 208.32 Definitions of terms used in this subpart.
~ 208.33 Allowable costs.
~ 208.34 Agreements between Sponsoring Organizations and others.
~ 208.35 Reimbursement for Advisory.
~ 208.36 Reimbursement for Alert.
~ 208.37 Reimbursement for equipment and supply costs incurred during Activation.
~ 208.38 Reimbursement for re-supply and logistics costs incurred during Activation.
~ 208.39 Reimbursement for personnel costs incurred during Activation.
~ 208.40 Reimbursement of fringe benefit costs during Activation.
~ 208.41 Administrative allowance.
~ 208.42 Reimbursement for other administrative costs.
~ 208.43 Rehabilitation.
~ 208.44 Reimbursement for other costs.
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DRAFT REGULATION 44 CFR 208, November 19, 1999
~ 208.45 Advance of funds.
~~ 208.46 - 208.50 RESERVED
SUBPART D - REIMBURSEMENT CLAIMS AND APPEALS
~ 208.51 General.
~ 208.52 Definitions of terms used in this subpart.
~ 208.53 Reimbursement procedures.
~~ 208.54 - 208.60 RESERVED
~ 208.60 Determination of claims.
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~ 208.61 Payment of claims.
~ 208.62 Appeals.
~ 208.63 Request by us for supplemental information.
~ 208.64 Administrative and audit requirements.
~ 208.65 Mode of transmission.
~ 208.66 Reopening of claims for retrospective or retroactive adjustment of costs.
~~ 208.67 - 208.70 RESERVED
SUBPART E- FEDERAL EXCESS PROPERTY
~ 208.71 Purpose.
~ 208.72 Definitions of terms used in this subpart.
~ 208.73 Federal excess property.
~ 208.74 Title to excess Federal property.
~ 208.75 Transfer of title.
~ 208.76 Accountable officer signature required.
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DRAFT REGULATION 44 CFR 208, November 19, 1999
~ 208.77 Use of Federal excess property.
~ 208.78 Sponsoring organization as excess property custodian.
AUTHORITY: Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121 et seQ., Reorganization Plan No.3 of 1978,43 FR 41943,3 CFR, 1978
Comp., p. 329, E.O. 12127,44 FR 19367,3 CFR, 1979 Comp., p. 376; E.O. 12148,44
FR 43239,3 CFR, 1979 Comp., p. 412.
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DRAFT REGULATION 44 CFR 208, November 19,1999
SUBPART A-GENERAL
~ 208.1 Purpose and scope of this part.
(a) Purpose. The purpose of Part 208 is to prescribe policies and procedures
pertaining to FEMA's National Urban Search and Rescue Response System.
(b) Scope. This Part applies to Sponsoring Organizations and other participants in
the National Urban Search and Rescue Response System who have executed agreements
governed by this part. Part 206 of this chapter does not apply to activities undertaken
under this part except to the extent that Part 206 is specifically incorporated in this part.
This part does not apply to reimbursement under Part 206, Subpart H, of this chapter.
~ 208.2 Definitions of terms used in this part.
(a) General. Any capitalized word in this part is a defined term unless such
capitalization results from the application of standard capitalization or style rules for
Federal regulations. The following definitions have general applicability throughout this
part:
Activated or Activation means the status of a System resource placed at the
direction, control and funding of FEMA in response to, or in anticipation of, a
presidential declaration of a major disaster or emergency.
Activation Order means the FEMA communication placing a System resource
under the direction, control, and funding ofFEMA.
Advisory means a FEMA communication to System resources indicating that an
event has occurred or is anticipated to occur that may require Alert or Activation of
System resources.
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Assistance Officer means the FEMA employee who has legal authority to bind
FEMA contractually by awarding arid amending Cooperative Agreements.
Alert means the status of a System resource's readiness that is begun by an Alert
Order indicating that the System resource may be Activated.
Alert Order means the FEMA communication that places a System resource on
Alert status.
Associate Director means the Associate Director or Executive Associate Director
of the Response and Recovery Directorate ofFEMA,'br such officer's functional
successor or designated representative.
Backfill means the personnel practice of temporarily replacing a person in his or
her usual position with another person.
Cooperating Agency means a State or Local Government or eligible non-profit
organization that has executed a Cooperative Agreement to provide Technical Specialists.
Cooperative Agreement means a legal instrument between FEMA and a
Sponsoring Organization or Cooperating Agency that provides funds to accomplish a
public purpose. Substantial federal involvement is anticipated during the performance of
the contemplated activity.
Daily Cost Estimate means a Sponsoring Organization's estimate of Task Force
personnel compensation, itemized fringe benefit rates and amounts including
calculations, and backfill expenditures for a 24-hour period of Activation.
Emergency means any occasion or instance for which, in the determination of the
President, Federal assistance is needed to supplement State and local efforts and
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DRAFT REGULATION 44 CFR 208; November 19, 1999
capabilities to save lives and to protect property and public health and safety, or to lessen
or avert the threat of a catastrophe in any part of the United States.
Equipment Cache List means the FEMA-issued list that identifies the maximum
quantities and types of equipment and supplies that Sponsoring Organization and
Participating Agencies may purchase and maintain with FEMA funds.
Federal Excess Property means any federal personal property under the control of
a Federal agency that the agency head or a designee determines is not required for its
needs or for the discharge of its responsibilities .,
Federal Response Plan means the signed agreement among 27 federal departments
and agencies, including the American Red Cross that provides a mechanism for
coordinating delivery of federal assistance and resources to augment efforts of State and
Local Governments overwhelmed by a Major Disaster or Emergency; supports
implementation of the Stafford Act, as well as individual agency statutory authorities; and
supplements other federal emergency operations plans developed to address specific
hazards.
FEMA means the Federal Emergency Management Agency.
1ST or Incident Support Team means a multi-disciplinary System resource
composed of individuals brought together to provide management control and logistical
support for federal US&R resources and technical advice and assistance to Local
Governments.
Local Government means any county, city, village, town, district, or other
political subdivision of any State; any Indian tribe or authorized tribal organization; and
any Alaska Native village or organization.
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DRAFT REGULATION 44 CFR 208, November 19, 1999
Maior Disaster means any natural catastrophe (including any hurricane, tornado,
storm, high water, wind driven water, tidal wave, tsunami, earthquake, volcanic eruption,
landslide, mudslide, snowstorm, or drought), or regardless of cause, any fire, flood, or
explosion, in any part of the United States, that in the determination of the President,
causes damage of sufficient severity and magnitude to warrant major disaster assistance
under the Stafford Act to supplement the efforts and available resources of States, Local
Governments, and disaster relief organizations in alleviating the damage, loss, hardship,
or suffering caused thereby. .,
Memorandum of Understanding (MOU) means the document signed by FEMA, a
Sponsoring Organization and its State that describes the relationship of the parties with
respect to the National Urban Search & Rescue Response System.
Participating Agency means a Local Government or non-profit organization that
has executed an agreement with a Sponsoring Organization to participate in the National
US&R Response System.
Personnel Rehabilitation Period means the period allowed by FEMA for a
person's rehabilitation to normal conditions ofliving following an Activation.
Preparedness Cooperative Agreement means the agreement between FEMA and a
Sponsoring Organization to develop and maintain System capabilities and operational
readiness.
Program Office means the organizational entity within FEMA that is responsible
for day-to-day administration of the National US&R Response System.
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DRAFT REGULATiON 44 CFR 208, November 19, 1999
Response Cooperative Agreement means an agreement between FEMA and a
Sponsoring Organization for reimbursement of allowable expenditures incurred as a
result of an Alert or Activation.
Sponsoring Organization means a State or Local Government that has executed an
MOU with FEMA to organize and administer a Task Force.
Stafford Act means the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121 et seq.
State means any Statc-ofthe United States, the District of Columbia, Puerto Rico,
the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, the Federated States of Micronesia or the Republic of the Marshall Islands.
System or National US&R Response System means the national US&R response
capability administered by FEMA.
System Member means any Task Force Member, 1ST Member, Technical
Specialist or Support Specialist.
Task Force means an integrated US&R organization of multi-disciplinary
resources with common communications and a leader, organized and administered by a
Sponsoring Organization and meeting FEMA standards.
Task Force Member means a person occupying a position on a Task Force.
Technical Specialist means a person participating in the System contributing
technical knowledge and skill who may be placed on Alert or Activated as a single
resource and not as a part of an 1ST or a Task Force.
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US&R means urban search and rescue, the process of searching for, extricating,
and providing for the immediate medical stabilization of victims who are entrapped in
collapsed structures.
We or us or our means the Federal Emergency Management Agency.
(b) Additional Definitions. Definitions that apply only to individual subparts of
part 208 are in those subparts.
~ 208.3 Authority for the National US&R Response System.
(a) Enabling legislation. FEMA established and operates the System under
authority of42 U.S.C. 5170b and 42 U.S.C. 5195a.
(b) Implementing Plan. The Federal Response Plan identifies FEMA as the
primary federal agency with responsibility for Emergency Support Function 9, Urban
Search and Rescue.
~ 208.4 Purpose for System.
It is our policy to develop and provide a national system of standardized US&R
resources to respond to Emergencies and Major Disasters that are beyond the capabilities
of affected State and Local Governments.
~ 208.5 Authority of the Associate Director.
(a) Participation in activities of the System. The Associate Director is
responsible for determining participation in the System and any activity thereof, including
but not limited to whether a System resource is operationally ready and can be Activated.
(b) Standards for and measurement of System efficiency and effectiveness. In
addition to the authority provided in ~ 206.13 of this chapter, the Associate Director may
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establish performance standards and assess the efficiency and effectiveness of System
resources.
~ 208.6 System Resource reports.
(a) Reoorts to Associate Director. The Associate Director may request reports
from any System resource relating to its activities as part of the System.
(b) Reports to Regional Director. Any Regional Director may request reports
from any System resource used within or based within the Regional Director's
jurisdiction.
(c) Audits. investigations. studies and evaluations. We may conduct audits,
investigations, studies, and evaluations as necessary, and in that connection may question
any person.
~ 208.7 Sanctions for violations of regulations or System orders.
(a) Sanctions for knowing violations. The Associate Director may sanction any
State or Sponsoring Organization whose representative knowingly violates a regulation or
System Order, including but not limited to knowingly submitting a false or misleading
request for reimbursement or knowingly submitting a request for reimbursement of a non-
reimbursable expense.
(b) Sanctions for other violations. The Associate Director may sanction any State
or Sponsoring Organization for other violations of regulations or System Orders including
but not limited to significant or repeated failure of the State or Sponsoring Organization
to conform to the standards and procedures of the System.
(c) Other authority for sanctions. Nothing in this section limits or precludes the
application of other authority to impose sanctions.
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DRAFT REGULATION 44 CFR 208, November 19, 1999
(d) Range of sanctions. Sanctions may include but are not limited to censure,
suspension, or removal from the System.
~ 208.8 Code of conduct.
The Associate Director will develop and implement a code of conduct for System
resources. Nothing in this section or our code of conduct will limit the authority of a
Sponsoring Organization, Participating Agency or Cooperating Agency to apply its own
code of conduct to its Task Force Members, 1ST Members, Technical Specialists or
employees. Where our code is more restrictive, it will control.
~ 208.9 Agreements between Sponsoring Organizations and Participating
Agencies.
Every agreement between a Sponsoring Organization and a Participating Agency
regarding the System must include a provision making the rules in this part applicable to
the Participating Agency and its employees who are engaged in System activities.
~ 208.10 Regulations incorporated by reference.
The following provisions title 44 CFR, Chapter 1 are incorporated into this part by
this reference:
(a) Section 206.9, which deals with our non-liability in certain circumstances.
(b) Section 206.11, which prescribes nondiscrimination in the provision of
disaster assistance.
(c) Section 206.14, which deals with criminal and civil penalties.
(d) Section 206.15, which permits recovery of assistance by us.
~~ 208.11 - 208.20 RESERVED
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SUBPART B - PREPAREDNESS COOPERATIVE AGREEMENTS
~ 208.21 Purpose.
Subpart B provides guidance on the administration of Preparedness Cooperative
Agreements.
~ 208.22 Definitions of terms used in this subpart.
Project Manager means the Sponsoring Organization's primary point of contact
for matters related to the Preparedness Cooperative Agreement.
Project Officer means the FEMA official responsible for developing statements of ."
work for Cooperative Agreements and initiating amendment or award of such agreements
by developing and funding requisitions.
~ 208.23 Preparedness Cooperative Agreement process.
(a) Application. To obtain FEMA funding for an award or amendment ofa
Preparedness Cooperative Agreement, the Sponsoring Organization must submit an
application. The application must be in such form as specified by the Assistance Officer.
(b) Award, We will award a Preparedness Cooperative Agreement with each
Sponsoring Organization to provide Federal funding to develop and maintain System
resource capabilities and operational readiness. For the purposes of the Preparedness
Cooperative Agreement, the Sponsoring Organization will be considered the "recipient."
( c) Amendment.
(1) Procedure. Absent special circumstances, Preparedness Cooperative
Agreements will be funded and amended on an annual basis. Prior to amendment, the
Assistance Officer will issue a call for Cooperative Agreement amendment applications.
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The Assistance Officer will specify required application forms and supporting
documentation to be submitted with the application.
(2) Period of performance. Absent special circumstances, the period of
performance for Preparedness Cooperative Agreements will be 1 year from the date of
award. The Associate Director may allow for an alternate period of performance with the
approval of the Assistance Officer.
. . .
(3) Assistance Officer. The Assistance Officer is the only individual authorized to
award or modify a Preparedness Cooperative Agreement.
( d) Award amounts. The Associate Director will determine award amounts on
an annual basis. A Task Force is eligible for an annual award only if its current-year
Daily Cost Estimate has beensubmitted to and accepted by the Associate Director.
(e) FEMA priorities. The Associate Director will establish overall priorities for
the use of Preparedness Cooperative Agreement funds taking into consideration the
results of readiness evaluations and actual Activations, our overall priorities, and other
factors, as appropriate.
(f) Cost sharing. The Associate Director may subject Preparedness Cooperative
Agreement awards to cost sharing provisions. In the call for Preparedness Cooperative
Agreement amendment applications, the Assistance Officer must inform Sponsoring
Organizations about any cost sharing obligations.
(g) Sponsoring Organization priorities. The Sponsoring Organization should
include, within its application spending priorities. The Project Officer will review these
priorities and provide input to the Assistance Officer for negotiating the final agreement.
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~ 208.24 Allowable costs under Preparedness Cooperative Agreements.
Federal funds provided under any Preparedness Cooperative Agreement and any
required matching funds may be spent to pay reasonable, allowable, necessary and
allocable costs that directly support System activities, including the following:
(a) Administration, including but not limited to:
(1) Management and administration of day-to-day System activities such as
personnel compensation and benefits relating to System maintenance and development,
record keeping, inventory of equipment, and correspondence; ,.,
(2) Travel to and from System activities, meetings, conferences, training, drills
and exercises;
(3) Vaccinations and imrrmnizations that are required to meet standards outlined
by us for System Members.
(b) Training, including but not limited to:
(1) Development and delivery of, and participation in, System-related training
courses, exercises, and drills;
(2) Construction, maintenance, lease or purchase of System-related training
facilities or materials;
(3) Personnel compensation expenses, including overtime and other related
expenses associated with System-related training, exercises, or drills;
(4) System-required evaluations and ce,rtifications other than the certifications
System Members are required to possess at the time of entry into the System, e.g.,
medical school degree, paramedic certification, civil engineering license, etc.
(c) Equipment, including but not limited to:
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(1) Procurement of equipment and supplies specifically identified on the then-
current FEMA-approved Equipment Cache List;
(2) Maintenance and repair of equipment included on the current Equipment
Cache List;
(3) Maintenance and repair of equipment acquired with our approval through the
Federal Excess Property program, except as provided in ~ 208.25 of this part;
( 4) Maintenance and repair of equipment that appears on any Equipment Cache
List, or in quantities that exceed the number specified t)n any Equipment Cache List,
except as provided in ~ 208.26 of this subpart;
(5) Purchase, construction, maintenance or lease of storage facilities and
associated equipment for System equipment and supplies.
(d) Disaster search canine expenses limited to:
(1) Procurement for use as a System resource;
(2) Training and certification expenses;
(3) Veterinary care.
(e) Management and administrative costs not otherwise specified in this section
that directly support the Sponsoring Organization's US&R capability, provided that such
costs do not exceed 7.5 percent of the award/amendment amount.
~ 208.25 Purchase and maintenance of items not listed on Equipment Cache List.
(a) Requests for purchase or maintenance of equipment and supplies not
appearing on the Equipment Cache List must be made in writing to the Project Officer,-
No Federal funds orovided under any Preparedness Cooperative Agreement may be
expended to purchase or maintain any eQuioment or supply item unless: , f)fO'/idea that:
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(1) The equipment and supplies directly support the Sponsoring Organization's
US&R capability;
(2) The request is fonvarded to the Project Officer aad-a gives written notice to
the Sponsoring Organization response recei':ed prior to the equipment or supply
expenditure being made. that such exoenditure is approved.
(b) The Projeet Officer will coordiaate requests under this seetion with the
Assistance Offieer, as required.
fej-Maintenance of items approved forpurchase under this section shall be
eligible for reimbursement, except as provided for in ~ 208.26 of this subpart.
1208.26 Obsolete equipment.
(a) The Associate Director will periodically identify obsolete items on the
Equipment Cache List and provide such information to Sponsoring Organizations.
(b) Neither funds provided by us nor matching funds required under a
Preparedness Cooperative Agreement may be used to maintain or repair items identified
as obsolete.
(c) The '^Lssoeiate Director will periodically issue instruetions related to the
policies and proeedures for disposing of property identified as obsolete under this seetion.
~ 208.27 Accountability for use of funds.
The Sponsoring Organization is accountable for the use of funds as provided
under the Preparedness Cooperative Agreement.
11208.28 - 208.30 RESERVED.
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SUBPART C - RESPONSE COOPERATIVE AGREEMENTS
~ 208.31 Purpose.
Subpart C provides guidance on the administration of Response Cooperative
Agreements.
~ 208.32 Definitions of terms used in this subpart.
Affiliated Personnel means individuals not normally employed by affiliated with a
Sponsoring Organization or Participating Agency, or aad-individuals normally affiliated
with a Sponsoring Organization -er Participating Agency as volunteers.
Demobilization Order means a FEMA communication that terminates an Alert or
Activation and identifies cost and time allowances for rehabilitation.
Exempt means any System Member who is exempt from 29 U.S.C. 201 et sea.
pertaining to overtime compensation and other labor standards.
Maximum Pay Rate Table means the FEMA-issued list that identifies the
maximum pay rates for selected System positions, and whether that position is
compensated on an hourly or daily basis, that may be used for reimbursement of
Affiliated Personnel compensation. The mMaximum p~ay FRates Table shall not apply
to System members who are employed by normally affiliated with a Sponsoring
Organization or Participating Agency in a non volunteer capaeity.
Non-Exempt means any System Member who is covered by 29 U.S.c. 201 et sea.
Mobilization means the process of assembling equipment and personnel in
response to an Alert or Activation.
Rehabilitation means the process of returning equipment and personnel to a pre-
incident state of readiness after the termination of an Activation.
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Support Specialist means a person who, as a member of a group conforming to
our standards, assists in Mobilization, transportation and demobilization.
fi 208.33 Allowable costs.
(a) Cost neutrality. Our policy is to ensure, to the greatest extent possible, that an
Alert or Activation is cost-neutral to any Sponsoring Organization or Participating
Agency. To make an Alert or Activation cost-neutral, we will reimburse all reasonable,
allowable, necessary and allocable costs incurred by a Sponsoring Organization or
Participating Agency during the Alert or Actiyation that exceed the costs that the
Sponsoring Organization or Participating Agency would have incurred had there not
been such Alert or Activation.
(b) Actual costs. Notwithstanding any other provision of this chapter, we will not
reimburse a Sponsoring Organization or Participating Agency for any costs in excess of
those actually incurred by the Sponsoring Organization or Participating Agency during
an Alert, Activation or Rehabilitation.
(c) Normal or predetermined practices. In accordance with OMB Circulars A-87
and A-I 02, Sponsoring Organizations and Participating Agencies must adhere to their
own normal and predetermined practices, and policies of general application when
requesting reimbursement from us except as clearly set forth in this subpart.
(d) Indirect costs not allowed. Except for costs included in Administrative
Overhead cost allowed in ~208.41, indirect costs are not allowable.
fi 208.34 Agreements between Sponsoring Organizations and others.
Sponsoring Organizations are responsible for executing such agreements with
Participating Agencies, and Affiliated Personnel as may be necessary to implement the
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Sponsoring Organization's Response Cooperative Agreement with.us. Those agreements
must identify established hourly or daily rates of pay of System Members. The hourly or
daily rates of pay for Affiliated Personnel must be in accordance with, and must not
exceed the maximum pay rates contained in the then-current Maximum Pay Rate Table.
~ 208.35 Reimbursement for Advisory.
There will be no reimbursement payable by us for expenses incurred during an
Advisory.
~ 208.36 ., Reimbursement for Alert.
(a) Allowable costs. We will reimburse costs incurred during an Alert, up to the
dollar limit specified in the Alert Order, for the following activities:
(1) Personnel costs, including backfill, incurred in preparation for Activation.
(2) Transportation costs relating to hiring, leasing, or renting vehicles and drivers.
(b) Calculation of Alert Order dollar limit. The Alert Order dollar limit will
equal:
(1) An allowance of 10 percent of the Task Force's Daily Cost Estimate; and
(2) A supplemental allowance of 1 percent of the Task Force's Daily Cost
Estimate for each 24-hour period beyond the first 72 hours of Alert.
(c) Non-allowable costs. We will not reimburse costs incurred or relating to the
leasing, hiring or chartering of aircraft or the purchase of any equipment, food or other
consumables, medicines or pharmaceuticals, aircraft, or vehicles.
~ 208.37 Reimbursement for equipment and supply costs incurred during
Activation.
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(a) Allowable costs. We will reimburse costs incurred for the emergency
procurement of equipment and supplies in the number, type, and up to the cost specified
in the Equipment Cache List, and up to the aggregate dollar limit specified in the
Activation Order. The Associate Director will have sole authority to determine
emergency procurement dollar limits, taking into account previous Activation history,
available funding, the extent and nature of the incident, and the current state of Task
Force readiness.
(b) Non-Allowable costs. We will not reimburse costs incurred for items that are
not listed on the Equipment Cache List; for items purchased in excess of the cost or
quantity identified in the Equipment Cache List; or for any purchase of non-expendable
items that duplicate a prior purchase under a Preparedness or Response Cooperative
Agreement.
fi 208.38 Reimbursement for re-supply and logistics costs incurred during
Activation.
With the exception of emergency procurement authorized in the Activation Order,
and replacement of consumable items provided for in ~ 208.43(a)(2) of this subpart, we
will not reimburse costs incurred for re-supply and logistical support during Activation.
Re-supply and logistical support of Task Forces needed during Activation are the
responsibility of the Incident Support Team.
fi 208.39 Reimbursement for personnel costs incurred during Activation.
(a) Compensation. We will reimburse the Sponsoring Organization for costs
incurred for the compensation of each Activated System Member during Activation.
Reimbursement of compensation costs for Activated Support Specialists will be limited
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DRAFT REGULATION 44 CFR 208, November 19,1999
to periods of time during which they were actively supporting the Activation or traveling
to or from locations at which they were actively supporting the Activation. The
provisions of ~ 208.40 of this part will govern costs incurred for providing fringe benefits
to System Members.
(b) Public Safety Exemption not applicable. We will reimburse Sponsoring
Organizations for costs incurred by Non-Exempt System Members in accordance with
29 U.S.C. 207(a) of the Fair Labor Standards Act, without regard to the public safety
exemption contained in 29 U.S.C. 207(k). In other words, we will reimburse Sponsoring
Organizations on an overtime basis for any hours worked by Non-Exempt System
Members in excess of 40 hours during a regular work week.
(c) Tour of duty. The tour of duty for all Activated System Members will be 24
hours. We will reimburse the Sponsoring Organization for salary and overtime costs
incurred in compensating System Members for meal periods and regularly-scheduled
sleep periods during Activation. Activated System Members are considered "on-duty,"
and must be available for immediate response, at all times during Activation.
(d) Regular Rate. The regular rate for purposes of calculating allowable salary
and overtime costs shall be the amount determined in accordance with ~ 208.39(e)(I)-(3)
of this subpart.
( e) Procedures for calculating compensation during Activation. A Sponsoring
Organization or Participating Agency must:
(1) Convert the base hourly wage of any Non-Exempt System Member regularly
paid under 29 U .S.C. 207(k) to its equivalent for a 40-hour work week;
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(2) Convert the annual salary of any salaried Non-Exempt System Member to its
hourly equivalent for a 40-hour work week;
(3) Calculate the daily compensation of Exempt System Members based on their
current annual salary, exclusive offringe benefits;
(4) Calculate the total number of hours worked by each System Member to be
included in the Sponsoring Organization's request for reimbursement; and
(5) Submit a request for reimbursement under ~ 208.52 of this part according to
the following table: "
If the Sponsoring And the Sponsoring Then the Sponsoring
Organization or Organization or Organization or
Participating Agency ... Participating Agency... Participating Agency
must ...
Normally compensates Does not grant compensatory Bill us only for the daily
Exempt System Members time~ compensation-paid for
by paying a salary but not each day worked during
overtime, Activation.
Normally compensates Grants compensatory time for Bill us for the daily
Exempt System Members hours worked above its compensation paid for
by paying a salary but not predetermined hours worked each day worked during
overtime, threshold, Activation and the value
of the compensatory time
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at the time of accrual.
Normally compensates Does nothing more, Bill us for the daily
Exempt System Members compensation paid for
by paying a salary and each day worked, plus
overtime, overtime for each hour
worked above its
predeteril'1ined hours
worked threshold.
Normally compensates Non- Does nothing more, Bill us for the first 40
Exempt System Members hours per week at straight
by paying overtime after 40 time, and the remaining
hours per week, hours in the week at
overtime, during
Activation,
Normally compensates Non- Converts those System Bill us for the first 40
Exempt System Members Members' salaries to the hours per week at straight
by paying overtime under 29 amounts payable to 40 hour time, and the remaining
U.S.C. 207(k) per week employees, hours in the week at
overtime, during
Activation.
Has Activated Affiliated Bill us for the first 40
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Personnel, who, according hours per week at straight
to the Maximum Pay Rate time, and the remaining
Table, are paid on an hourly hours in the week at one-
basis and-one-half times
straight time, during
Activation.
Has Activated Affiliated Bill us for each full
Personnel who, according to and/or partial day worked
the Maximum Pay Rate during Activation.
Table, are paid on a daily
basis
(0 Reimbursement of additional salary and overtime costs. We will reimburse
any identified additional salary mid overtime cost incurred by a Sponsoring Organization
as a result of the temporary conversion ofa Non-Exempt System Member normally
compensated under 29 V.S.C. 207(k) to a 40-hour work week under 29 U.S.C. 207(a).
(g) Reimbursement for backfill costs upon Activation. We will reimburse the
cost to backfill System Members. Backfill costs consist of the expenses generated by
filling the position in which the Activated System Member should have been working.
These costs are calculated by subtracting the non-overtime compensation, including
fringe benefits, of Activated System Members from the total costs (non-overtime and
overtime compensation, including fringe benefits) paid to backfill the Activated System
Members. Backfill reimbursement is available only for those positions that are normally
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backfilled by the Sponsoring Organization or Participating Agency during Activation.
Employees exempt under the Fair Labor Standards Act (FLSA) not normally backfilled
by the Sponsoring Organization or Participating Agency are not eligible for backfill
during Activation.
~ 208.40 Reimbursement of fringe benefit costs during Activation.
(a) Except as specified in ~ 208.40 (c) of this subpart, we will reimburse the
Sponsoring Organization for fringe benefit costs incurred during Activation according to
the following table. '.
If the Sponsoring Then the Sponsoring Example
Organization or Participating Organization or Participating
Agency... Agency must ...
Incurs a fringe benefit cost Bill us for a pro-rata share of The City Fire Department incurs
based on the number of base the premium based on the a premium of 3 percent for dental
hours worked by a System number of base hours worked coverage based on the number of
Member, during Activation. base hours worked in a week (53
hours). The City should bill us
an additional 3 percent of the
firefighter's converted
compensation for the first 40
hours worked per week during
Activation.
Incurs a fringe benefit cost Bill us for a pro-rata share of The City Fire Department pays a
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based on the number of hours a the premium based on the premium of 12 percent for
System Member actually number of hours retirement based on the number
worked (base hours and each System Member worked of hours worked by a firefighter.
overtime), during Activation. The City should bill us an
additional 12 percent of the
firefighter's total compensation
during Activation.
Incurs a fringe benefit cost on a Bill us for a pro-rata share of The City Fire Department pays
yearly basis based on the those fringe benefit costs based workers compensation premiums
number of people employed on the number of non-overtime into the City risk fund for the
full-time during the year, hours worked during following year, based on the
Activation by System Members number of full-time firefighters
employed full time. employed during the current
year. The City should bill us for
workers compensation premium
costs by multiplying the hourly
fringe benefit rate or amount by
the number of non-overtime
hours worked during Activation
by full time firefighters who are
System Members.
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DRAFT REGULATION 44 CFR 208, November 19, 1999
(b) Differential pay. We will reimburse the Sponsoring Organization for direct
costs incurred because of any separate differential compensation paid for work performed
during an Activation including, but not limited to, differentials paid for holidays, night
work, hazardous duty, sick time or leave, vacation, or other fringe benefits, provided such
differentials are not otherwise reimbursed under ~208.40(a). Any request for
reimbursement under this subsection must be accompanied by a detailed explanation of
the differential payment for which reimbursement is sought hereunder together with
identification of every fringe benefit for which 'reimbursement is sought under ~208.40(a)
and the method used to calculate each such payment and the reimbursement sought from
us.
(c ) We will not reimburse the Sponsoring Organization for fringe benefit costs
for Affiliated Personnel.
~ 208.41 Administrative allowance.
(a) The administrative allowance is intended to defray costs of the following
activities, to the extent provided in ~208.41 (b):
(1) Collecting expenditure information from Sponsoring Organizations and
Participating Agencies;
(2) Compiling and summarizing cost records and reimbursement claims;
(3) Duplicating cost records and reimbursement claims; and
(4) Submitting reimbursement claims, including mailing, transmittal, and related
costs.
(b) The administrative allowance shall be equal to the following:
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DRAFT REGULATION 44 CFR 208, November 19, 1999
(1) If total allowable costs are less than $100,000,3 percent of total allowable
costs included in the reimbursem~nt, claim;
(2) If total allowable costs are $100,000 or more but less than $1,000,000, $3,000
plus 2 percent of costs included in the reimbursement claim greater than $100,000;
(3) If total allowable costs are $1,000,000 or more, $21,000 plus 1 percent of
costs included in the reimbursement claim greater than $1,000,000.
fi 208.42 Reimbursement for other administrative costs.
Costs incurred for conducting after-action meetings and preparing after-action
reports must be billed as direct costs and must not be included in the administrative
allowance described in ~ 208.41.
fi 208.43 Rehabilitation.
We will reimburse costs incurred to return System equipment and personnel to a
state of readiness following Activation as provided in this section.
(a) Costs for Equipment Cache List items.
(1) Non-consumable items. We will reimburse costs incurred to repair or replace
any non-consumable item on the Equipment Cache List that was lost, damaged,
destroyed, or donated at our direction to another entity, during Activation. For each such
item, the Sponsoring Organization must document, in writing, the circumstances of the
loss, damage, destruction, or donation.
(2) Consumable items. We will reimburse costs incurred to replace any
consumable item on the Equipment Cache List that was consumed during Activation.
(3) Personnel costs associated with equipment cache rehabilitation. We will
reimburse costs incurred for the compensation, including benefits, payable for actual time
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worked by each person engaged in rehabilitating the equipment cache following
Activation, in accordance with the standard pay policy of the Sponsoring Organization or
Participating Agency and without regard to the provisions of ~208.39(e)(I) of this
subpart, up to the number of hours specified in the Demobilization Order. Fringe benefits
are reimbursed under the provisions of ~208.40.
(b) Costs for personnel rehabilitation. We will reimburse costs incurred for the
compensation, including benefits and backfill, of each Activated System Member
regularly scheduled to work during the rehabilitation period specified in the
Demobilization Order, in accordance with the standard pay policy of the Sponsoring
Organization or Participating Agency and without regard to the provisions of
~208.39(e)(I) of this subpart.
(c) Other allowable costs.
(1) Local transportation. We will reimburse costs incurred for transporting Task
Force Members from the point of assembly to the point of departure and from the point of
return to the location where they are released from duty. We will also reimburse
transportation costs incurred for assembling and moving the equipment cache from its
usual place( s) of storage to the point of departure, and from the point of return to its usual
place(s) of storage. Such reimbursement will include costs to return the means of
transportation to its point of origin.
(2) Ground transportation. When we have ordered a Sponsoring Organization to
move its Task Force Members and equipment cache by ground transportation, we will
reimburse costs incurred for such transportation, including but not limited to charges for
contract carriers, rented vehicles, contract vehicle operators, fleet vehicles, fuel and
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associated transportation expens~s. .The Associate Director shall have authority to issue
schedules of maximum hourly or per mile reimbursement rates for fleet and contract
vehicles.
(3) Food and beverages. We will reimburse expenditures for food and beverages
for Activated Task Force Members and Support Specialists when meals are not provided
by the Federal government during Activation. Reimbursement of food and beverage
costs for Activated Support Specialists will be limited to periods of time during which
they were actively supporting the Activation or traveling to or from locations at which' ,
they were actively supporting the Activation. Food and beverage reimbursement will be
limited to the amount of the then-current Federal meals and incidental expenses daily
allowance published in the Federal Register for the locality where such food and
beverages were provided, multiplied by the number of personnel who received the same.
~ 208.44 Reimbursement for other costs.
(a) Except as allowed under paragraph (b) of this section, we will not reimburse
other costs incurred preceding, during or upon the conclusion of an Activation unless,
prior to making the expenditure, the Sponsoring Organization has requested, in writing,
permission for a specific expenditure and has received written permission from the
Associate Director to make such expenditure.
(b) At the discretion of the Associate Director, a request for approval of costs
presented after the costs were incurred must be in writing and establish that:
(1) The expenditure was essential to the Activation and was reasonable;
(2) Advance written approval by the Associate Director was not feasible; and
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(3) Advance verbal approval by the Associate Director had been requested and
was given, or if advance verbal approval had not been requested, unforeseeable
circumstances beyond the control of the Sponsoring Organization precluded the
Sponsoring Organization from seeking advance verbal approval.
f 208.45 Advance ~f fu~d~.
At the time of Activation of a Task Force, we will develop and submit to the
Assistance Officer the documentation necessary to request an advance of funds be paid to
"such Task Force's Sponsoring Organization equal to 25 percent of the estimated
personnel costs for the Activation. The estimated personnel costs will include the
salaries, benefits, and backfill costs for Task Force Members and an estimate of the
salaries, benefits and backfill costs required for equipment cache rehabilitation. The
advance of funds will not include any costs for equipment purchase.
f f 208.46 - 208.50 RESERVED
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~ 208.60 Determination of claims.
When we receive a claim for reimbursement, we will review the claim to
determine whether and to what extent reimbursement is allowable. Except as provided in
~208.63, we will complete our review and give written notice to the Sponsoring
Organization of our determination within 120 days after the date we receive the claim. If
we determine that any item of cost is not eligible for reimbursement, our notice of
determination will specify the grounds on which we disallowed reimbursement.
~ 208.61 Payment of claims.
We will reimburse all allowable costs for which a Sponsoring Organization
requests reimbursement within 30 days after we determine that reimbursement is
allowable, in whole or in part, at any stage of the reimbursement and appeal processes
identified in this subpart.
~ 208.62 Appeals
(a) Initial appeal. The Sponsoring Organization may appeal to the Director,
Operations and Planning Division any determination made under ~208.60 to disallow
reimbursement of an item of cost:
(1) The appeal must be in writing and submitted within 60 days after receipt of
our written notice of disallowance under ~ 208.60 of this part.
(2) The appeal must contain legal and factual justification for the Sponsoring
Organization's contention that the cost is allowable.
(3) Within 90 days after we receive an appeal, the Director, Operations and
Planning Division will review the information submitted, make such additional
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DRAFT REGULATION 44 CFR 208, November 19, 1999
investigations as necessary, make a determination on the appeal, and submit written
notice of the determination of the appeal to the Sponsoring Organization.
(b) Final al'peal.
(1) If the Director, Operations and Planning Division denies the initial appeal, in
whole or in part, the Sponsoring Organization may submit a final appeal to the Associate
Director. The appeal must be made in writing and must be submitted not later than 60
days after receipt of written notice of our determination of the initial appeal.
(2) Within 90 days following the receipt of a final appeal, the Associate Director
will render a determination and notify the Sponsoring Organization, in writing, of the
final disposition of the appeal.
(c) Failure to file timely aooeal. If the Sponsoring Organization does not file an
appeal within the time periods specified in this section, we will deem that the Sponsoring
Organization has waived its right to appeal any decision that could have been the subject
of an appeal.
~ 208.63 Request by us for supplemental information
(a) At any stage of the reimbursement and appeal processes identified in this
subpart, we may request the Sponsoring Organization to provide supplemental
information that we consider necessary to determine either a claim for reimbursement or
an appeal. The Sponsoring Organization must exercise its best efforts to provide the
supplemental information and must submit to us a written response that includes such
supplemental information as the Sponsoring Organization is able to provide within 30
days after receiving our request.
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DRAFT REGULATION 44 CFR 208, November 19, 1999
(b) If we make a request for supplemental information at any stage of the
reimbursement and appeal processes, the applicable time within which our determination
of the claim or appeal is to be made will be extended by 30 days. However, without the
consent of the Sponsoring Organization, no more than one such time extension will be
allowed for any stage of the reimbursement and appeal processes.
fi 208.64 Administrative and audit requirements.
(a) Nonfederal audit. For Sponsoring Organizations and states, requirements for
nonfederal audit are contained in 44 CFR Part 14 or OMB Circular A-128, as appropriate.
(b) Federal audit. Under 44 CFR Part 14, Appendix A, paragraph 10, we may
elect to conduct a Federal audit of any payment made to a Sponsoring Organization or
State.
fi 208.65 Mode of transmission.
When sending all submissions, determinations, and requests for supplemental
information under this subpart, all parties must use a means of delivery that permits both
the sender and addressee to verify the dates of delivery.
fi 208.66 Reopening of claims for retrospective or retroactive adjustment of costs.
(a) Upon written request by the Sponsoring Organization we will reopen the time
period for submission of a request for reimbursement after the Sponsoring Organization
has submitted its request for reimbursement, if:
(1) the salary or wage rate applicable to the period of an Activation is
retroactively changed due to the execution of a collective bargaining agreement, or due to
the adoption of a generally applicable State or local law, ordinance or wage order or a
cost -of-living adj ustment;
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DRAFT REGULATION 44 CFR 208, November 19,1999
(2) the Sponsoring Organization or any Participating Agency incurs an additional
cost because of a legally-binding determination; or
(3) the Associate Director determines that other extenuating circumstances
existed that prevented the Sponsoring Organization from including the adjustment of
costs in its original submission.
(b) The Sponsoring Organization must notify us as early as practicable that it
anticipates such a request.
fifi 208.67 - 208.70 RESERVED
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SUBPART E- FEDERAL EXCESS PROPERTY
~ 208.71 Purpose.
Subpart E provides guidance on acquisition of Federal Excess Property.
~ 208.72 Definitions of terms used in this subpart.
Accountable Property Officer means an individual designated in writing to
maintain the accountability for our property (in use or storage) in accordance with a
prescribed system which shows the authorized debits, credits, and available balances on
hand or obligated for use in such an activity.
Federal Excess Pro-perty means personal property under the control of a federal
department or agency that is not required or needed by that organization to discharge its
responsibilities, as determined by the head of that department or agency.
~ 208.73 Federal excess property.
A Sponsoring Organization may acquire Federal personal property that directly
supports the System mission through the Federal Excess Property Program under 41 CFR
Chapter 101, the Federal Property Management regulations.
~ 208.74 Title to Federal excess property.
Title to property acquired by Sponsoring Organizations under the Federal Excess
Property Program remains vested in the Federal government unless specifically
authorized otherwise. Under that program, the General Services Administration (GSA)
transfers title to such property to us; we are the designated Federal Sponsoring Agency for
such purpose.
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DRAFT REGULATION 44 CFR 208, November 19,1999
208.75 Transfer of title.
The Associate Director may transfer title of Federal Excess Property to
Sponsoring Organizations to support the System. Such transfer may be authorized under
41 CFR 101-44, "Donation of Personal Property", if:
(a) a State deploys the Sponsoring Organization's Task Force during an
Emergency or Major Disaster affecting that Stale and the Sponsoring Organization
submits a written request to us for transfer of specific excess personal property to be used
in conjunction with such event;
(b) during an Emergency or Major Disaster affecting a State or Local
Government and requiring the deployment of System Resources pursuant to 41 CFR 101-
44.105, the Sponsoring Organization submits a written request to us for transfer of
specific excess personal property to be used during a US&R response to such event;
(c) when the terms and conditions of a Preparedness or Response Cooperative
Agreement between us and a Sponsoring Organization specifically authorizes it; or
(d) when the terms and c?n~itions of our grant to a Sponsoring Organization
under 41 CFR 101-43.313 specifically authorizes it.
~ 208.76 Accountable Property Officer's signature required.
To ensure that all excess personal property transferred to a Local Government is
for the specific purpose authorized by us, all transfer orders for such excess personal
property must be signed by our Accountable Property Officer designated by the Associate
Director and shall state the purpose of the transfer, the name of the receiving Local
Government, and the Cooperative Agreement Number.
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DRAFT REGULATION 44 CFR 208, November 19,1999
~ 208.77 Use of Federal Excess Property",
Such property must be used solely to prepare for and to conduct US&R activities.
~ 208.78 Sponsoring Organization as Federal Excess Property custodian.
~ When we assign possession of Federal Excess Property to a Sponsoring
Organization, the Sponsoring Organization is the custodian of such excess personal
property. The Sponsoring Organization must comply with applicable FEMA and Federal
directives, rules and regulations pertaining to such property.
(b) The Associate'Director will periodically issue instructions related to the
procedures for disposal of Federal Excess Property identified as obsolete under ~ 208.26
of this part.
Dated:
James L. Witt,
Director
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