The Finance Department will inform Council of all grant activity by preparing a bi-monthly informational report on both grant applications and awards. The Finance Department has implemented a grant management software, eCivis, which established a workflow approval process and serves as a centralized database of all City grant applications and awards and as a research tool for grants for all City Departments. City departments continue to actively pursue new grant opportunities as part of notifications received from federal, state, and local agencies they have subscribed to, such as Department of Housing, Department of Transportation, State Water Resources Control Board, Department of Justice and professional government associations. City departments have staff assigned to monitor these grant application notices to determine if the City meets the required qualifications to apply for the grant.
On October 11, 2022, under Resolutions 2022-418, 2022-419, and 2022-420, City Council approved three (3) one-year agreements with two (2) one-year extension options, for On-call Water Resource grant research and writing services with Provost & Pritchard Consulting Group, West Yost Associates and Woodard & Curran to assist with grant research opportunities for the Utilities Department.
DISCUSSION:
During the months of March and April 2025, the City Manager and Director of Finance approved the following grant applications and awards recommended by City staff based on opportunities to receive federal, state and/or local grant funds for the City with no local match requirement or local match requirements under $100,000.
Public Works Department:
(Grant Award $54,477 – Local Match $0) CA0424 Beverage Container Recycling City/County Payment Program – FY2025 from CA Environmental Protection Agency (CA EPA). Funds from this grant are intended to fund programs that will assist California in reaching and maintaining an 80 percent recycling rate for all California Refund Value beverage containers made of aluminum, glass, plastic, and bi-metal by supporting beverage container recycling and litter clean up activities such as new or existing curbside programs, neighborhood drop-off recycling programs, public education outreach activities just to name a few.
(Grant Award $30,316 – Local Match $0) CA0014 Used Oil Payment Program (OPP) (Cycle 15) – FY 2025 from CA Environmental Protection Agency (CA EPA). The purpose of this grant program is to provide opportunities to local governments to receive payments for implementing used oil and used oil filter collection and recycling programs. Eligible expenses include: maintenance of a used oil and filter program, curbside used oil and used filter hauling/disposal cost, booth rentals for used oil events, developing, purchasing, and or/distributing used oil program materials that have a functional purpose associated with an environmental benefit, personal protective equipment (PPE) for used oil/filter collection activities, test kits and other equipment related to monitoring the contaminants in oil tanks.
Modesto Police Department:
(Grant Application $58,600 – Local Match $0) CA3326 Alcohol Policing Partnership (APP) Program – FY2025 from CA Business, Consumer Services, and Housing Agency (BCSHA). The purpose of this program is to work with law enforcement agencies to #9..
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City Council, June 3, 2025
March and April 2025 Grant Application and Awards
develop an effective, comprehensive, and strategic approach to eliminating crime and public nuisance problems associated with problem alcoholic beverage outlets and then institutionalize those approaches within the local police agency. Program goals include; achieving the goals and objectives of the local enforcement agency’s award agreements, establishing close working relationships between department of alcoholic Beverage Controls (ABC) district offices and the grant agencies, prioritizing law enforcement efforts and targeting those licensed outlets that cause alcohol-related crimes, assisting in the training of local law enforcement and developing records management systems to ensure police reports are systematically sent to the ABC district offices, as required by law.
During the months of March and April 2025, City Staff did not present any grant awards to be accepted by City Council, City Manager and Director of Finance.
FISCAL IMPACT:
No fiscal impact will result from the acceptance of this informational report on March and April 2025, grant applications. A monthly summary by grant application and awards is below:
Grant Awards: $84,793
Local Match: $0
Grant Applications: $58,600
Local Match: $0
COMMITTEE RECOMMENDATION:
This item is not required to be presented to a committee, because this item is being presented as information to share the bi-monthly grant applications and awards to Council and public.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Motion accepting an informational report for March and April 2025, grant applications.
Approved by:
DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:
1. March and April 2025 Grant Applications
2. March and April 2025 Grant Awards
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Applications Submitted: Organization: Modesto
Projected Funds: Report Date: 05/06/2025
Cash: Requested By: Maria Garnica
In-Kind: Accounting Manager
[email protected]
Information based on all grant applications submitted during the reporting period:
Grant Status Agency Submitted Submitted Projected Award Match Cash In-Kind Application Submitted CA Business, Consumer Services, and Housing Agency (BCSHA)
03/25/2025 $58,600 N/A N/A N/A
Applications Submitted, Created by Maria Garnica, [email protected], 05/06/2025 Source: eCivis™ Grants Network®
http://www.ecivis.com/
Department: Modesto Police Department
2025-2026 ABC Grant
CA3326 Alcohol Policing Partnership (APP) Program - FY
2025
Activity Report - Applications Submitted
Report Range: Report Range: 01-Mar-25 - 06-May-25
1 $58,600
$0.00
$0.00
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Awarded Grants: 2 Organization: Modesto
Awarded Funds: $84,793 Report Date: 05/06/2025
Cash: $0.00 Requested By: Maria Garnica
In-Kind: $0.00 Accounting Manager
[email protected]
Project Grant Agency Awarded Award Match Cash In-Kind
101657 - CCPP FY25 CA0424 Beverage Container Recycling City/County Payment Program - FY 2025
CA Environmental Protection
Agency (EPA) 04/01/2025 $54,477 N/A N/A N/A
101658 - UOPP 15 CA0014 Used Oil Payment Program (OPP) (Cycle 15) - FY 2025
CA Environmental Protection
Agency (EPA) 04/01/2025 $30,316 None N/A N/A
Grants Awarded, Created by Maria Garnica, [email protected], 05/06/2025 Source: eCivis™ Grants Network®
http://www.ecivis.com/
Public Works - Solid Waste
Activity Report - Grants Awarded
Report Range: 03/01/2025 - 05/06/2025
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
June 3, 2025
Date: May 2, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Proposition IV – Appropriation Limit Calculation for Fiscal Year 2025-2026 CONTACT: Maria Garnica, Accounting Manager, [email protected], 209-577-5249
DESCRIPTION:
Consider approving the Fiscal Year 2025-2026 Appropriation Limit, which is an annual spending limit calculation that identifies the maximum amount of appropriations for publicly funded programs. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto 2020-2025 Strategic Plan focus of Governance and Service Delivery under Goal H: Achieve Financial Sustainability.
BACKGROUND:
In November 1979, the voters of California passed Proposition IV which specified that government appropriations may increase annually. This constitutional amendment, also known as the Gann initiative after anti-tax advocate Paul Gann, provides a formula for calculating spending limit, was intended to provide citizen control of government spending and taxation.
Article XIIIB1 of the California Constitution specifies that appropriations made by state and local governments may increase annually by a factor comprised of the change in population combined with either (1) the change in California per capita personal income or (2) the change in the local assessment roll due to local nonresidential construction. City staff has been consistently using the change in population within the city limits of Modesto and change in California per capita personal income every year when calculating the appropriation limit.
Additional information regarding the price and population factors used for the Appropriation Limit Calculation can be found at https://dof.ca.gov/forecasting/demographics/estimates/.
DISCUSSION:
The City is required to establish an appropriation limit calculation each fiscal year. Schedule A of the attached resolution shows the calculation of the Fiscal Year 2025-2026 Appropriation 1 https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CONS&article=XIII+B #10..
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City Council, June 3, 2025
Proposition IV – Appropriation Limit Calculation for Fiscal Year 2025-2026
Limit. The limit identifies the maximum amount of appropriations that can be implemented in a year based on tax revenue available to City. The limit only applies to the use of a specific list of tax revenues received by the City. Examples of these revenues include, but not limited to, Property Tax, Sales & Use Tax, Business License Tax, Utility Users Tax, and Transient Occupancy Tax.
The appropriation limit calculated for Fiscal Year 2025-2026 is $645,398,497. The proposed tax revenues subject to this appropriation limit are $226,748,624 which is well within the limit.
This calculation was made available for public viewing at least fifteen days prior to the Council meeting. A copy of Schedule A and the calculation detail is on file at the City of Modesto Finance Department.
FISCAL IMPACT:
Not Applicable.
COMMITTEE RECOMMENDATION:
This item has not gone before a committee due to information provided by the State for this calculation not being available until early May, which does not allow time to have the item be presented at committee prior to Council. The appropriation limit must be approved during the same Council meeting of the Adopted Budget scheduled for June 3, 2025.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution establishing the appropriation limit for the Fiscal Year 2025-2026 annual budget.
Approved by:
DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Schedule A
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06/03/2025/FIN/MGarnica/Item X 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION ESTABLISHING THE APPROPRIATION LIMIT FOR THE FISCAL YEAR 2025-2026 ANNUAL BUDGET
WHEREAS, Proposition IV of the California State Constitution requires the City to establish an appropriation limit calculation each fiscal year, and WHEREAS, Article XIIIB of the California Constitution specifies that appropriations made by state and local governments may increase annually by a factor comprised of the change in population combined with either the change in California per capita personal income or the change in the local assessment roll due to local nonresidential construction, and
WHEREAS, the staff has been consistently using the change in population within the city limit of Modesto and change in California per capita personal income every year when calculating the appropriation limit, and
WHEREAS, the appropriation limit calculated for Fiscal Year 2025-2026 is $645,398,497, and
WHEREAS, this calculation was made available for public viewing at least fifteen days prior to the Council meeting. A copy of Schedule A and the calculation detail is on file at the City of Modesto Finance Department.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Modesto that the appropriation limit for fiscal year 2025-2026, including the price and population factors to be used in the calculation, is hereby established as $645,398,497 as shown on Schedule A, attached hereto, and made a part hereof.
BE IT FURTHER RESOLVED, that the Director of Finance, or her designee, is #10..
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06/03/2025/FIN/MGarnica/Item X 2025-XX
hereby authorized to take the necessary steps to implement the provisions of this resolution.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 3th day of June, 2025, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST: ____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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SCHEDULE A
FY 2024-25 Appropriation Limit $606,178,733
Adjustment Factors
Per Capita Personal Income Change 6.44%
Population Change (Modesto) 0.03%
Per Capita converted to a ratio 1.0644
Population converted to a ratio 1.0003
Calculation of factor for FY 2025-26 1.0647
Adjustment $39,219,764
FY 2025-26 Appropriation Limit $645,398,497
FISCAL YEAR 2025-26
PROPOSITION 4
APPROPRIATION LIMIT CALCULATION
Article XIIIB places a limit on most, but not all, government revenue sources.
The limit applies to appropriations from proceeds of taxes from both the general fund and special funds of government entities. Proceeds of taxes include tax revenues, interest earnings on invested tax revenues, and any revenues collected by a regulatory license fee or user charge in excess of the amount needed to cover the cost of providing the regulation, product, or service.
Appropriations from nontax revenues, including the City’s enterprise funds, are not subject to the limit.
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
June 3, 2025
Date: May 1, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Fiscal Year 2025-2026 Equipment Maintenance Agreements CONTACT: Dianne Love, Purchasing Manager, [email protected], 209-571-5164 DESCRIPTION:
Consider approving payment of various Equipment Maintenance Agreements for Fiscal Year 2025-2026 with multiple equipment manufacturers for all City Departments, for an annual amount not to exceed $888,358. (Funding Source: Various Funds) STRATEGIC PLAN ELEMENT:
These items support the City of Modesto 2020-2025 Strategic Plan Focus of Governance and Service Delivery under goal H: Achieve Financial Sustainability.
BACKGROUND:
The City purchases office and operational equipment through the purchasing bidding process based on the requirements of the City of Modesto Municipal Code Title 8 Chapter 3. With the purchase of this equipment, on-going maintenance will be necessary. The City will require ongoing technical support which can be provided under maintenance/support agreements for equipment. For all new equipment purchases made, the City will purchase ongoing maintenance service for the equipment for a specified time period based on what is available through the manufacturer when the initial purchase is made. As part of the bidding process for the office equipment, for purchases such as copiers, the City has frequently selected a local vendor to provide maintenance service due to the quick turnaround in service that can be provided with a local vendor compared to a vendor located outside of the Modesto area.
As part of preparation of the annual fiscal year budget, the annual costs for this maintenance service have been historically approved by Council through the annual budget adoption process. Several of the equipment maintenance agreements purchased will be conducted as “sole source” procurements from the recommended maintenance provider provided by the manufacturer. Based on the normal threshold all other maintenance agreements shall be procured through the approved purchasing process.
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City Council, June 3, 2025
Fiscal Year 2025-2026 Equipment Maintenance Agreements
DISCUSSION:
The Finance Department and Information Technology Department will bring an item to Council every fiscal year for all maintenance agreements being utilized by City Departments. The Purchasing Division will continue to evaluate the cost-effective use of these maintenance agreements especially as the equipment ages over the depreciated life of the asset.
A significant amount of these maintenance agreements are routine in nature and do not drastically change each year in regards to standard maintenance service being provided. Staff is requesting a fiscal year authorization for all equipment maintenance for Fiscal Year 2025- 2026. Exhibit A is an itemized list of the equipment maintenance agreements being utilized by City departments for agreements less than $100,000 under the City Manager’s approval authority. Exhibit B is an itemized list of the equipment maintenance agreements being utilized by City departments greater than $100,000 which would require authorization by City Council.
Per Modesto Municipal Code (MMC) 8-3.204(d) states that where the Purchasing Manager, in his or her discretion, determines that a process other than the formal proposal procedure set forth in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality, the purchase may be exempt from the formal bid process. Under this scenario, all purchasing processes have been met and any new agreements and award of formal bids shall continue to be brought to Council for approval on a fiscal year. The agreements over $100,000 provide maintenance services for specialized equipment and in order to utilize a different provider would trigger additional cost to solicit and purchase new equipment.
FISCAL IMPACT:
The City of Modesto maintains approximately 160 pieces of office and operational equipment that requires maintenance to ensure the City gets the most value out of the asset. The annual maintenance cost ranges from less than $267 to up to $105,270 per year, per piece of equipment. Some of the high-value maintenance costs are associated with parking garage equipment maintenance, City-wide copier maintenance or building equipment maintenance for City facilities and security surveillance.
The funding sources being utilized to cover the cost associated with the maintenance cost is provided below:
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City Council, June 3, 2025
Fiscal Year 2025-2026 Equipment Maintenance Agreements
Fund Proposed FY 25-26 Maintenance Cost
General Fund $ 535,630
Water Fund $ 50,457
BuildingServicesFund $ 11,421
Capital Improvement Fund $ 13,005
Center Plaza $ 115,431
Fleet Fund $ 9,940
ParkingServices $ 83,828
Wastewater Fund $ 59,681
SurfaceTransportationFund $ 3,168
GreenWasteFund $ 3,476
InformationTechnology $ 1,397
SolidWasteFund $ 924
TOTAL $ 888,358
COMMITTEE RECOMMENDATION:
This item was considered by the Finance Committee in the Budget Workshop on April 15, 2025.
The Finance Committee approved forwarding this item to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving payment of various Equipment Maintenance Agreements for Fiscal Year 2025-2026 with multiple equipment manufacturers for all City Departments, for an annual amount not to exceed $888,358; and authorizing the City Manager, or his designee, to execute Equipment Maintenance Agreements associated with the items in Exhibit A and Exhibit B.
Approved by:
DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Exhibit A - Fiscal Year 2025-2026 Equipment Maintenance Less than 100K
3. Exhibit B - Fiscal Year 2025-2026 Equipment Maintenance Greater than 100K #11..
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06/03/2025/FIN/DLove/Item X 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-?
RESOLUTION APPROVING PAYMENT OF VARIOUS EQUIPMENT
MAINTENANCE AGREEMENTS FOR FISCAL YEAR 2025-2026 WITH
MULTIPLE EQUIPMENT MANUFACTURERS FOR ALL CITY
DEPARTMENTS, FOR AN ANNUAL AMOUNT NOT TO EXCEED $888,358;
AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE EQUIPMENT MAINTENANCE AGREEMENTS ASSOCIATED
WITH THE ITEMS IN EXHIBIT A AND EXHIBIT B
WHEREAS, the City purchases office and operational equipment through the purchasing bidding process based on the requirements of the City of Modesto Municipal Code Title 8 Chapter 3, and
WHEREAS, as part of the bidding process for the office equipment, for purchases such as copiers, the City has frequently selected a local vendor to provide maintenance service due to the quick turnaround in service that can be provided with a local vendor compared to a vendor located outside of the Modesto area, and WHEREAS, as part of preparation of the annual fiscal year budget, the annual costs for this maintenance service has been historically approved by Council through the annual budget adoption process, and
WHEREAS, the Finance Department and Information Technology Department will bring an item to Council every fiscal year to provide transparency for all maintenance agreements being utilized by City Departments; The Purchasing Division will continue to evaluate the cost-effective use of these maintenance agreements especially as the equipment ages over the depreciated life of the asset, and WHEREAS, Exhibit A is an itemized list of the equipment maintenance agreements being utilized by City departments for agreements less than $100,000 under the City Manager’s approval authority, and
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06/03/2025/FIN/DLove/Item X 2 2025-XX
WHEREAS, Exhibit B is an itemized list of the equipment maintenance agreements being utilized by the City departments greater than $100,000 which would require authorization by City Council, and
WHEREAS, per MMC 8-3.204(d) states that where the Purchasing Manager, in his or her discretion, determines that a process other than the formal proposal procedure set forth in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality, the purchase may be exempt from the formal bid process. The agreements over $100,000 provide maintenance services for specialized equipment and in order to utilize a different provider would trigger additional cost to solicit and purchase new equipment.
NOW, THEREFORE, BE IT RESOLVED by the Council of City of Modesto that it hereby authorizes the payment of various equipment maintenance agreements for Fiscal Year 2025-2026 with multiple equipment manufacturers for all City Departments, for an annual amount not to exceed $888,358.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the equipment maintenance agreements for an annual amount not to exceed $888,358.
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06/03/2025/FIN/DLove/Item X 3 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 3rd day of June, 2025, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST: _______________________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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Exhibit A - Fiscal Year 2025-2026 Equipment Maintenance Agreements (less than $100,000) Vendor/Contractor Name Business Purpose of Equipment
Proposed - FY 25-26
Maintenance Cost Funding Source
STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 847 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 847 General Fund STRYKER SALES CORPORATION Life saving equipment $ 847 General Fund STRYKER SALES CORPORATION Life saving equipment $ 847 General Fund STRYKER SALES CORPORATION Life saving equipment $ 847 General Fund STRYKER SALES CORPORATION Life saving equipment $ 847 General Fund STRYKER SALES CORPORATION Life saving equipment $ 847 General Fund STRYKER SALES CORPORATION Life saving equipment $ 847 General Fund STRYKER SALES CORPORATION Life saving equipment $ 847 General Fund STRYKER SALES CORPORATION Life saving equipment $ 847 General Fund STRYKER SALES CORPORATION Life saving equipment $ 847 General Fund STRYKER SALES CORPORATION Life saving equipment $ 847 General Fund STRYKER SALES CORPORATION Life saving equipment $ 847 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund
#11..
Exhibit A - Fiscal Year 2025-2026 Equipment Maintenance Agreements (less than $100,000) Vendor/Contractor Name Business Purpose of Equipment
Proposed - FY 25-26
Maintenance Cost Funding Source
STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 468 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,331 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,331 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,331 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,259 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,259 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,259 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,259 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,259 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,259 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,259 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,259 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,259 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,259 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,259 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,259 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,259 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,259 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,259 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,259 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,259 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,259 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,259 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,259 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,259 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,259 General Fund AMANO PARCS $ 73,205 Parking Services
ACCRUENT CMMS $ 8,759 Building Services Fund
ACTION TARGET, INC. Target shooting system at the Tactical Training Center $ 7,982 General Fund AIR WEST FILTRATION / BENZ AIR Station Facilities $ 38,989 General Fund AIRGAS Life saving equipment $ 7,260 General Fund
AMERICAN BARCODE AND RFID Annual Services Agreement for Barcode Machine $ 1,842 General Fund ARC DOCUMENT SOLUTIONS Printing of Maps for Planning division $ 4,092 General Fund ARC DOCUMENT SOLUTIONS Plotters are used to print large sized maps of job sites, etc. $ 9,438 Water Fund BMI IMAGING Fujitsu scanner is used by Records to scan and store electronic records f $ 2,534 General Fund CA HEALTH AND SAFETY Breathing equipmemt $ 29,238 General Fund
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Exhibit A - Fiscal Year 2025-2026 Equipment Maintenance Agreements (less than $100,000) Vendor/Contractor Name Business Purpose of Equipment
Proposed - FY 25-26
Maintenance Cost Funding Source
CA REDING Printing for day-to-day work activities $ 3,469 General Fund CA REDING Printing for day-to-day work activities $ 8,300 General Fund CA REDING Copier Maintenance $ 6,813 Transit
CUMMINS Currency Counter - detect counterfeit $ 1,000 Water Fund CUMMINS Currency Counter - detect counterfeit $ 990 Water Fund CUMMINS Currency Counter - detect counterfeit $ 1,026 Water Fund CUMMINS Currency Counter - detect counterfeit $ 989 General Fund EXCEL FITNESS Fitness equipment $ 2,048 General Fund
FARO TECHNOLOGIES Annual Calibration and Certification of 3-D Laser Scanner to Diagram traf $ 8,698 General Fund FIRE SERVICE SPECIFICATION & SUPPLife saving equipment $ 6,140 General Fund HERITAGE-CRYSTAL CLEAN, LLC. Parts cleaner for fire fighting equipment $ 6,140 General Fund GENETEC Annual hardware maintenance for hardware system in creating ID badge $ 11,580 General Fund MOTOROLA SOLUTIONS Annual Maintenance for LPR systems $ 58,464 General Fund LUCAS BUSINESS SYSTEMS Printing for day-to-day work activities $ 6,140 Capital Improvement Fund LUCAS BUSINESS SYSTEMS Scan documents, limited color copy use $ 820 General Fund LUCAS BUSINESS SYSTEMS Printing for day-to-day work activities at MYC $ 267 General Fund LUCAS BUSINESS SYSTEMS Printing for day-to-day work activities. Copier located in MCP office. $ 4,111 Center Plaza LUCAS BUSINESS SYSTEMS Printing for day-to-day work activities at SCC $ 1,100 General Fund LUCAS BUSINESS SYSTEMS Printing for day-to-day work activities at Guest Services $ 9,317 General Fund LUCAS BUSINESS SYSTEMS Printer $ 2,662 Building Services Fund LUCAS BUSINESS SYSTEMS Copier for day-to-day $ 968 Surface Transportation Fund LUCAS BUSINESS SYSTEMS Copier for Sutter WWTP - Building 3 - Maintenance $ 879 Wastewater Fund LUCAS/INLAND Copier, Fax, Scanner, ID# C55158 $ 3,559 General Fund LUCAS/INLAND Copier, Fax, Scanner, ID# C24669 $ 3,509 General Fund LUCAS/INLAND Copier, Fax, Scanner, ID# C53191 $ 6,144 General Fund LUCAS/INLAND Copier, Fax, Scanner, ID# C56701 $ 9,355 General Fund LUCAS/INLAND Copier, Fax, Scanner, ID #C53188 $ 9,355 General Fund MANTECH - FORMERLY MANSCI INC. Mansci Lab Equipment Extended Warrant $ 6,050 Wastewater Fund MOBILE SPIKE Mobile Spike Strips $ 12,100 General Fund
NEC CORPORATION OF AMERICA Automated Fingerprint Identification System - fingerprinting $ 14,663 General Fund OPEX Envelope Opener - opens mixed sized envelopes $ 821 Water Fund OPEX Mail Opener & sorter $ 4,613 Water Fund
PARKEON Off street pay stations $ 5,115 Parking Services Fund PARKFOLIO Off street pay stations /connectivity $ 5,508 Parking Services Fund PUENTES TECHNOLOGIES Check folding/Pressure Sealer $ 1,950 General Fund QUADIENT Mail Room Postage & Label Machine $ 17,731 General Fund
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Exhibit A - Fiscal Year 2025-2026 Equipment Maintenance Agreements (less than $100,000) Vendor/Contractor Name Business Purpose of Equipment
Proposed - FY 25-26
Maintenance Cost Funding Source
(UBEO) RAY MORGAN CO. Copier for Building Safety and Neighborhood Preservation $ 4,362 General Fund (UBEO) RAY MORGAN CO. Large Format Printer/Scanner $ 6,600 Wastewater Fund (UBEO) RAY MORGAN CO. Copier for Sutter WWTP - Environmental Services $ 5,082 Wastewater Fund (UBEO) RAY MORGAN CO. Copier is used to make copies $ 4,659 Water Fund (UBEO) RAY MORGAN CO. Copier is used to make copies $ 4,659 Water Fund (UBEO) RAY MORGAN CO. Copier for Customer Service - Finance $ 1,735 Water Fund SCANNER ONE Check Scanner - uploads to RemitPlus for Electronic check file to bank $ 990 Water Fund SCANTRON Scantron Reader for Recruitment Tests $ 1,786 General Fund SEAL ANALYTICAL Seal Lab Equipment Service Contract $ 10,890 Wastewater Fund SMILE BUSINESS PRODUCTS INC Department Copier-LITT Store $ 484 General Fund SMILE BUSINESS PRODUCTS INC Department Copier-JEFF Store $ 484 General Fund SMILE BUSINESS PRODUCTS INC Purchasing Copier $ 1,450 General Fund SMILE BUSINESS PRODUCTS INC Day to day copy purposes, parts, labor, staples, maintenance and suppo $ 2,420 General Fund SSD SYSTEMS Alarm service $ 3,071 General Fund
TECA Data Safe Corporation (CYBERNE Tape Library Backup/Utility Billing System $ 6,781 Water Fund TECHNOLOGY UNLIMITED MAINTENANCE CASH COUNTER BALANCING ROOM $ 605 Water Fund THE RADAR SHOP Annual Calibration and Certification and repair of Radar and Lidar Guns f $ 6,140 General Fund TRANE MCP Fountain Maintenance - Annual $ 6,050 Center Plaza SPECIAL SERVICES GROUP Annual maintenance of GPS Vehicle Trackers $ 10,670 General Fund VERTIV Annual Maintenance for Battery Backup for MPD Servers $ 14,850 General Fund WEST COAST DOOR AND GATE Station facility $ 60,235 General Fund SPECIAL SERVICES GROUP Annual maintenance of GPS Vehicle Trackers $ 10,670 General Fund ZOOM IMAGING Department Copier $ 1,366 General Fund
ZOOM IMAGING Copier for day-to-day $ 1,710 Fleet Fund
ZOOM IMAGING Copier for day-to-day $ 1,417 Fleet Fund
ZOOM IMAGING Printer/Copier $ 3,071 Capital Improvement Fund ZOOM IMAGING Copier for Sutter WWTP - Building 2 - Collections $ 1,933 Wastewater Fund TOTAL $ 682,113
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Exhibit B - Fiscal Year 2025-2026 Equipment Maintenance Greater than 100K Vendor/Contractor Name Business Purpose of Equipment
Proposed - FY 25-26
Maintenance Cost Funding Source
AMERICAN CHILLER CO. Heating and Cooling of the Modesto Centre Plaza $ 105,270 Centre Plaza MO-CAL OFFICE SOLUTIONS PRN Mailroom $ 7,000
MO-CAL OFFICE SOLUTIONS Printing for day to day at NCAMP $ 1,100 General Fund MO-CAL OFFICE SOLUTIONS Printing for day to day at Museum $ 660 General Fund MO-CAL OFFICE SOLUTIONS Printing for day to day at PRN/TSP near Recreation $ 1,650 General Fund MO-CAL OFFICE SOLUTIONS Copier, Fax, Scanner $ 847 Information Technology MO-CAL OFFICE SOLUTIONS Copier/Printer/Scanner $ 4,010 Water Fund MO-CAL OFFICE SOLUTIONS Copier for Jennings WWTP - Administration $ 4,494 Wastewater Fund MO-CAL OFFICE SOLUTIONS Copier for Sutter WWTP - Building 1 - Administration $ 7,260 Wastewater Fund MO-CAL OFFICE SOLUTIONS Printing for day-to-day work activities $ 3,794 Capital Improvement Fund MO-CAL OFFICE SOLUTIONS Printing for day-to-day work activities $ 3,794 General Fund MO-CAL OFFICE SOLUTIONS Copier, Fax, Scanner EQ63217 - MPD Training $ 589 General Fund MO-CAL OFFICE SOLUTIONS Copier, Fax, Scanner EQ3216 MPD Payroll $ 1,564 General Fund MO-CAL OFFICE SOLUTIONS Copier, Fax, Scanner EQ63218 MPD TRU $ 283 General Fund MO-CAL OFFICE SOLUTIONS Copier, Fax, Scanner, EQ3219 - MPD Prop & Evid $ 1,039 General Fund MO-CAL OFFICE SOLUTIONS Copier/Printer/Scanner $ 19,092 MO-CAL OFFICE SOLUTIONS Copier/Printer/Scanner $ 3,476 Green Waste Fund MO-CAL OFFICE SOLUTIONS Printer/Copier/Scanner $ 4,345 Wastewater Fund MO-CAL OFFICE SOLUTIONS Printer/Copier/Scanner $ 4,094 Wastewater Fund MO-CAL OFFICE SOLUTIONS Copier Maintenance $ 2,114 General Fund MO-CAL OFFICE SOLUTIONS Copier for Sutter WWTP - Building 2 - Collections $ 8,054 Wastewater Fund MO-CAL OFFICE SOLUTIONS Copier is used to make copies, scan, fax $ 9,130 Water Fund MO-CAL OFFICE SOLUTIONS Copier $ 924 Solid Waste Fund
MO-CAL OFFICE SOLUTIONS Copier $ 1,500 General Fund
MO-CAL OFFICE SOLUTIONS Printing for day-to-day work activities $ 1,760 General Fund MO-CAL OFFICE SOLUTIONS Department Copier/Printer/Scanner $ 4,290 General Fund MO-CAL OFFICE SOLUTIONS Copier for day-to-day $ 2,200 Surface Transportation Fund MO-CAL OFFICE SOLUTIONS Copier for IT $ 550 IT Funds
MO-CAL OFFICE SOLUTIONS Accounting Copier $ 1,362 General Fund $ 206,245
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
June 3, 2025
Date: May 13, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Kevin Wise, Fire Chief
SUBJECT: Memorandum of Agreement (MOA) with Oakland Fire Department CONTACT: Kevin Wise, Fire Chief, [email protected], 209-572-9590 DESCRIPTION:
Consider approving a Memorandum of Agreement (MOA) with Oakland Fire Department for participation in California Task Force 4 of the National Urban Search and Rescue Response System. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:
This action supports the City of Modesto 2020-2025 Strategic Plan focus on quality of life under Goal A: Improve Community Safety.
BACKGROUND:
In response to major global disasters throughout the 1980s—most notably the 1989 Loma Prieta earthquake—the Federal Emergency Management Agency (FEMA) developed a framework to strengthen rescue operations nationwide. The success and coordination of rescue teams deployed during these incidents led to the formal establishment of the National Urban Search and Rescue Response System1 (USAR).
The National USAR System operates as a network of highly trained task forces located across the United States, many of which are sponsored through partnerships with local agencies. On October 5, 2009, the City of Oakland Fire Department (“Oakland”) became one such sponsoring agency, forming California Task Force 4 (CA-TF4). Today, there are 28 FEMA USAR task forces across the country, with eight based in California.
USAR task forces have played critical roles in numerous high-profile emergencies, including the September 11, 2001, terrorist attacks, Hurricane Katrina in 2005, the 2011 earthquake and tsunami in Japan, and most recently, the 2023 wildfires in Maui. 1 Urban Search & Rescue | FEMA.gov
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City Council, June 3, 2025
Memorandum of Agreement (MOA) with Oakland Fire Department
DISCUSSION:
The Modesto Fire Department (MFD) has built a strong reputation for excellence in technical rescue operations, including structural collapse, confined space, rope, and trench rescues.
Given our capabilities and experience, joining Oakland’s CA-TF4 presents an opportunity to both contribute to large-scale incident responses and also to enhance our department's operational readiness.
Participation in this Team would provide access to advanced level training, shared resources, and interagency cooperation, strengthening our ability to respond effectively to disasters both locally and nationally, and potentially globally. This alignment supports our ongoing commitment to public safety, preparedness, and professional growth.
In the event of a major disaster or federally declared emergency, FEMA initiates contact with the sponsoring agency of a designated USAR task force. Once notified, the sponsoring agency coordinates with its partnering agencies to assemble and deploy personnel and resources based on availability and operational readiness. Upon initial notification, a pre-alert is issued to allow teams to begin preliminary mobilization. If a full deployment is confirmed, task force members are required to respond within a specific time window, depending on the response model, ensuring a rapid and effective deployment to the affected areas.
FISCAL IMPACT:
Participation in the National Urban Search and Rescue (USAR) Response System is fully funded by FEMA, with an annual allocation of approximately $1 million. These funds are designated to cover tools, equipment, training resources, and personnel costs associated with maintaining a deployable task force. Oakland’s CA-TF4 coordinates with FEMA and partnering agencies to manage operational costs in accordance with the USAR Program Manual.
All costs incurred by the sponsoring and partnering agencies during preparation, activation, and deployment are eligible for full reimbursement by FEMA, ensuring no net fiscal impact to the participating local agencies or municipalities. Any upfront expenses are fully budgeted within the current 2024-25 Fiscal Year from Special Operations cost center (18240).
COMMITTEE RECOMMENDATION:
This item was presented to the Safety and Communities Committee on May 12, 2025, and the Committee approved forwarding this item to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving a Memorandum of Agreement (MOA) with Oakland Fire Department for participation in California Task Force 4 of the National Urban Search and Rescue Response System, and authorizing the City Manager, or his designee, to execute the agreement.
Approved by:
Kevin Wise, Fire Chief
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City Council, June 3, 2025
Memorandum of Agreement (MOA) with Oakland Fire Department
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Memorandum of Agreement
3. Appendix A – FEMA/Oakland Agreement
4. Appendix B – DHS USAR Interim Rule 70
5. Appendix C – CA-TF4 Administrative Manual
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06/03/2025/Fire/KWise/ItemX 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XXX
RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT (MOA)
WITH OAKLAND FIRE DEPARTMENT FOR PARTICIPATION IN
CALIFORNIA TASK FORCE 4 OF THE NATIONAL URBAN SEARCH AND
RESCUE RESPONSE SYSTEM, AND AUTHORIZING THE CITY MANAGER,
OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, in response to major global disasters throughout the 1980s—most notably the 1989 Loma Prieta earthquake—the Federal Emergency Management Agency (FEMA) developed a framework to strengthen rescue operations nationwide; and WHEREAS, the success and coordination of rescue teams deployed during these incidents led to the formal establishment of the National Urban Search and Rescue Response System (USAR); and
WHEREAS, the National USAR System operates as a network of highly trained task forces located across the United States, many of which are sponsored through partnerships with local agencies; and
WHEREAS, on October 5, 2009, the City of Oakland Fire Department (“Oakland”) became one such sponsoring agency, forming California Task Force 4 (CATF4). Today, there are 28 FEMA USAR task forces across the country, with eight based in California; and
WHEREAS, the Modesto Fire Department (MFD) has built a strong reputation for excellence in technical rescue operations, including structural collapse, confined space, rope, and trench rescues. Given our capabilities and experience, joining Oakland’s CA-TF4 presents an opportunity to both contribute to large-scale incident responses and also to enhance our department's operational readiness; and #12..
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06/03/2025/Fire/KWise/ItemX 2 2025-XX
WHEREAS, participation in this Team would provide access to advanced level training, shared resources, and interagency cooperation, strengthening our ability to respond effectively to disasters both locally and nationally, and potentially globally; and WHEREAS, participation in the National Urban Search and Rescue (USAR) Response System is fully funded by FEMA, with an annual allocation of approximately $1 million. These funds are designated to cover tools, equipment, training resources, and personnel costs associated with maintaining a deployable task force; and WHEREAS, all costs incurred by the sponsoring and partnering agencies during preparation, activation, and deployment are eligible for full reimbursement by FEMA, ensuring no net fiscal impact to the participating local agencies or municipalities; and WHEREAS, the Modesto Fire Department will maintain a current salary survey or acknowledgement of acceptance of the “base rate” on file with the California Governor’s Office of Emergency Services, Fire Rescue Division.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Memorandum of Agreement (MOA) with Oakland Fire Department for participation in California Task Force 4 of the National Urban Search and Rescue Response System.
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to execute the agreement in a form approved by the City Attorney.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 3rd day of June, 2025, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
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06/03/2025/Fire/KWise/ItemX 3 2025-XX
AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST: _________________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:
JOSE M. SANCHEZ, City Attorney
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Thursday,
February 24, 2005
Part III
Department of
Homeland Security
Federal Emergency Management Agency
44 CFR Part 208
National Urban Search and Rescue
Response System; Maximum Pay Rate
Table, National Urban Search and Rescue
Response System (US&R); Interim Final
Rule and Notice
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9182 Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations 1Sponsoring Agencies are State or local
government agencies that have signed Memoranda
of Agreement with DHS to organize and manage
US&R Task Forces.
2Throughout the preamble to this rule the terms
‘‘we’’ and ‘‘our’’ refer to and mean the Department
of Homeland Security. ‘‘You’’ refers to the reader.
3The US&R System comprises 28 Task Forces in
19 States. A full Task Force consists of 70 System
Members, three deep (designed for 210 members)
specially trained and equipped to find, extricate,
and provide initial medical care to victims of
collapsed buildings, weapons of mass destruction,
as well as to perform other assigned duties.
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 208
RIN 1660–AA07 (formerly RIN 3067–AC93)
National Urban Search and Rescue
Response System
AGENCY: Federal Emergency
Management Agency (FEMA),
Emergency Preparedness and Response
Directorate (EP&R), Department of
Homeland Security (DHS).
ACTION: Interim rule with request for
comments.
SUMMARY: This interim rule standardizes
the financing, administration and
operation of the National Urban Search
and Rescue Response System, a
cooperative effort of the Department of
Homeland Security, participating State
emergency management agencies and
local public safety agencies across the
country. This rule addresses the
relationship between Sponsoring
Agencies 1 of Urban Search & Rescue
(US&R) Task Forces and DHS and also
funding for preparedness and response
activities, including the acquisition of
equipment and supplies and training.
Concurrently we 2 are publishing as a
Notice in this issue of the Federal
Register a Maximum Pay Rate Table on
which we also request comments.
DATES: This interim rule is effective
February 24, 2005. We invite comments
on this interim rule and the Maximum
Pay Rate Table published separately
today as a Notice in this issue of the
Federal Register. We will accept
comments on both until April 11, 2005.
ADDRESSES: Mail: When submitting
comments by mail, please send the
comments to the Rules Docket Clerk,
Office of the General Counsel, Federal
Emergency Management Agency, 500 C
Street, SW., room 840, Washington, DC
20472. To ensure proper handling,
please reference RIN 1660–AA07 and
Docket No. DHS–2004–0010 on your
correspondence. This mailing address
may also be used for submitting
comments on paper, disk, or CD-ROM.
Hand Delivery/Courier: The address
for submitting comments by hand
delivery or courier is the same as that
for submitting comments by mail.
Viewing Comments: You may view
comments and background material at:
http://www.epa.gov/feddocket or http://
www.regulations.gov. You may also
inspect comments in person at the
Office of the General Counsel, Federal
Emergency Management Agency, 500 C
Street, SW., room 840, Washington, DC
20472.
FOR FURTHER INFORMATION CONTACT:
Michael Tamillow, Federal Emergency
Management Agency, Emergency
Preparedness and Response Directorate,
Department of Homeland Security, 500
C Street, SW., room 326, Washington,
DC 20472, (202) 646–2549, or (e-mail)
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The Federal Emergency Management
Agency (FEMA) published a proposed
rule, National Urban Search and Rescue
Response System, on December 18,
2002, 67 FR 77627–77640 (Proposed
Rule). On March 1, 2003, FEMA became
a part of the Emergency Preparedness
and Response Directorate (EP&R),
Department of Homeland Security
(DHS). The National Urban Search and
Rescue Response System is now a
program in FEMA under the EP&R
Directorate.
This preamble and Interim Rule
reflect certain decisions made regarding
comments that FEMA received on the
Proposed Rule, and changes resulting
from FEMA’s integration into the
Department of Homeland Security. The
process for creating and updating the
Maximum Pay Rate Table (Table),
which establishes the maximum rates
that DHS will pay for certain medical,
engineering, canine handling and
backfill services, is described in
§ 208.12. The Maximum Pay Rate Table,
which was mentioned but not published
in the Proposed Rule, is incorporated in
the Interim Rule, and published
concurrently with this Interim Rule as a
Notice. Because the Maximum Pay Rate
Table was not published previously and
will become a part of the National
Urban Search and Rescue Response
System final rule, we are asking for
public comment both on the Table and
the Interim Rule.
Section 303 of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (Stafford Act), 42 U.S.C.
5144, authorizes the President of the
United States to form emergency
support teams of Federal personnel to
be deployed in an area affected by a
major disaster or emergency. The
President delegated this function to the
Director of the FEMA under Executive
Order (E.O.) 12148. Under E.O. 13286 of
February 28, 2003, the President
amended E.O. 12148 to transfer the
FEMA Director’s delegated authority to
the Secretary of Homeland Security, and
under Homeland Security Delegation
No. 9100, delegated the Secretary’s
authority under Title V of the Homeland
Security Act of 2002, which includes
the Stafford Act, to the Under Secretary
for Emergency Preparedness and
Response (EP&R).
Section 306(a) of the Stafford Act
authorizes the President (as delegated to
the Under Secretary for EP&R) to accept
and use the services or facilities of any
State or local government, or of any
agency, officer or employee thereof,
with the consent of such government, in
the performance of his responsibilities
under the Stafford Act. Section 306(b) of
the Stafford Act authorizes the President
to appoint and fix the compensation of
temporary personnel without regard to
U.S. Code provisions governing
appointments in the competitive
service. Section 403(a)(3)(B) of the
Stafford Act provides further that the
President may authorize Federal
agencies to perform work on public or
private lands essential to save lives and
protect property, including search and
rescue and emergency medical care, and
other essential needs. Under section
621(c) of the Stafford Act, the Secretary
may accept and use the services of State
or local governments, and use voluntary
services by individuals or organizations
as needed.
FEMA established the National Urban
Search & Rescue Response System
(System or US&R) under the authorities
cited. The System provides specialized
lifesaving assistance during major
disasters or emergencies that the
President declares under the Stafford
Act. US&R operational activities include
locating, extricating and providing onsite medical treatment to victims trapped in collapsed structures, victims
of weapons of mass destruction events,
and when assigned, performing incident
command or other operational activities.
Created in consultation with State
emergency management agencies and
local public safety agencies, the System
is built around a core of Sponsoring
Agencies prepared to deploy US&R Task
Forces 3 immediately and initiate US&R
operations at DHS’s direction. Members
of the Task Forces, also referred to as
‘‘System Members,’’ may respond as
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Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations 9183 4A Joint Management Team is a multidisciplinary group of National Disaster Medical System (NDMS), Urban Search and Rescue (US&R)
and other specialists combined to provide
operational, planning, logistics, finance and
administrative support for US&R and NDMS
resources, and to provide technical advice and
assistance to State and local governments.
5The term ‘‘Temporary Excepted Federal
Volunteer’’ means that a System member’s status is
temporary for the period of Federal activation,
excepted from Civil Service rules regarding Federal
employment, Federal for purposes of tort claim
protection and Federal ‘‘workers’ compensation’’,
and a volunteer in that DHS does not pay the
individual directly, but reimburses the Sponsoring
Agency for the System Member’s services.
6A Participating Agency is a State or Local
Government, non-profit organization, or private
organization that has executed an agreement with
a Sponsoring Agency to participate in the National
US&R Response System.
7Affiliated Personnel are individuals not
normally employed by a Sponsoring Agency or
Participating Agency and individuals normally
affiliated with a Sponsoring Agency or Participating
Agency as volunteers.
8Cooperative Agreements are similar to grants,
but differ from grants in the amount of government
cooperation and involvement in the
implementation of the agreement.
9The Task Forces also respond to disasters and
emergencies in their home states as State resources.
DHS does not normally and directly reimburse
Sponsoring Agencies of the Task Forces for the
costs that Task Forces incur when deploying in
their home states, although in a State deployment,
Task Forces may use equipment that they have
purchased with DHS grant funds and Federal
property that is in their custody. Subpart C of this
rule does not cover in-state deployment of US&R
resources. However, Federal reimbursement for the
cost of an in-state deployment may be available
through DHS’s Public Assistance Program under
regulations published at 44 CFR part 206. In
addition, the Office of Foreign Disaster Assistance
of the U.S. Agency for International Development
(USAID) often uses the services of certain Task
Forces to deliver humanitarian assistance abroad
under agreements to which DHS is not a party. The
rule does not affect the relationships between
USAID and the Sponsoring Agencies of the Task
Forces.
10 In addition to participation on Task Forces,
participants in the System (referred to as System
Members) may also be called upon to serve as
members of Joint Management Teams or other
overhead or technical teams.
11 DHS enters into a Preparedness Cooperative
Agreement with each Sponsoring Agency to provide
Federal funding to develop and maintain System
resource (personnel, equipment and supplies)
capabilities and readiness for operations, including
training.
12When DHS activates a Task Force it provides
Federal funding for the Task Force’s response under
the terms of the Response Cooperative Agreement.
13Following adoption of the final rule, DHS
expects to develop a National US&R Response
System Directive Manual, which will contain
system policies and explain other Federal
regulations, and will govern the operation of the
National US&R Response System. The Directive
Manual will be updated periodically as needed.
14Sections 306(a) and 621(c) of the Stafford Act,
42 U.S.C. 5149(a), 5197(c), authorize DHS to
federalize members of US&R Task Forces to
participate in preparedness activities. We
periodically federalize US&R teams to participate in
DHS-sanctioned training exercises, also known as
mobilization exercises. During these periods, they
are not ‘‘Activated’’ within the meaning of § 208.2
of the rule and, therefore, the provisions of subpart
C do not apply to DHS-sanctioned training
exercises. Funding for participation in DHSsanctioned training exercises may be available under § 208.24(b) of the rule.
part of Joint Management Teams (JMT) 4
or other overhead or technical teams, or
as individual resources.
The Task Forces are staffed primarily
by local fire department and emergency
services personnel specially trained and
experienced in collapsed structure
search and rescue operations, incident
management, and other emergency
operational activities. On activation by
DHS, members of the US&R Task
Forces, US&R System Members of Joint
Management Teams, and other overhead
or technical teams, operate as
Temporary Excepted Federal
Volunteers.5
The National Urban Search and
Rescue Response System presently
comprises 28 US&R Task Forces in 19
States. Typically, a State agency or local
public safety agency (Sponsoring
Agency) sponsors each of the Task
Forces. While the Sponsoring Agencies
are solely responsible for the
administrative management of their
respective Task Forces, many
Sponsoring Agencies invite other public
safety agencies and other entities in
their vicinity to contribute personnel
and other resources to the Task Force.
These public safety agencies and other
entities that enter into agreements with
the Sponsoring Agency to contribute
personnel and other resources are
Participating Agencies. In certain cases,
individuals who are not employed by a
Sponsoring Agency or Participating
Agency 6 become members of a Task
Force as Affiliated Personnel.7
DHS provides financial support in the
form of grants or Cooperative
Agreements 8 (Grants) to each of the
Sponsoring Agencies under the disaster
preparedness and training authorities of
the Stafford Act. The Sponsoring
Agencies use these Grants to train Task
Force personnel, maintain a state of
readiness and to acquire necessary
equipment and supplies. DHS awards
and administers Grants under 44 CFR
13. In return for this financial support,
each Task Force must be available for
deployment as a Federal resource when
DHS activates it.9 Task Forces also must
maintain minimum training
requirements that DHS prescribes.10
Separate non-standardized
memoranda of agreement (MOA), which
were individually negotiated at different
stages in the System’s development,
currently govern the relationship
between DHS and each of the
Sponsoring Agencies. In addition, we
require the Sponsoring Agencies to
enter into separate Cooperative
Agreements on forms that our Office of
Financial Management prescribes. As
the System has matured, the
participants have concluded that it is
desirable to standardize these
relationships through a set of
comprehensive regulations. We
developed the Interim Rule with the
assistance of the National Urban Search
and Rescue Advisory Committee and its
Legal Issues Working Group.
Adoption of the Interim Rule enables
DHS to standardize our agreements with
the Sponsoring Agencies. Following
adoption of the final rule, we will ask
each of the Sponsoring Agencies to
enter into a new, streamlined MOA as
well as a Preparedness Cooperative
Agreement,11 as described in subpart B
of the rule, and a Response Cooperative
Agreement,12 as described in subpart C
of this rule. These new, standardized
agreements will document our
relationship with the Sponsoring
Agencies.13 Upon the effective date of
the Interim Rule, if a conflict exists
between a provision of the rule and an
existing MOA, the provision of the rule
will control.
References in the Preamble to Parts,
Subparts or Sections
Throughout the preamble and rule,
references to part, subpart, or sections
(as ‘‘section’’ or ‘‘§ ’’) are to parts,
subparts or sections of this rule unless
specifically cited as a section of an Act,
e.g., section 306 of the Stafford Act, or
document other than this rule.
Organization of the Interim Rule
The Interim Rule is divided into four
subparts. Subpart A addresses the
organization of the National US&R
Response System, explains the
relationship among the various
components of the system, incorporates
certain provisions of other regulations
and provides for sanctions if US&R
regulations and directives are violated.
Subpart B describes the process
through which we provide grant funds
to the Sponsoring Agencies to maintain
Task Force readiness. Sponsoring
Agencies use these grant funds to
administer the Task Forces, provide
initial and recurrent training,14 and
acquire and maintain a uniform cache of
equipment and supplies.
Following adoption of the final rule,
we will ask each Sponsoring Agency to
enter into a Preparedness Cooperative
Agreement with us. In addition, from
time to time, DHS will purchase and
distribute equipment and supplies
directly to each Task Force.
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9184 Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations 15Alert means the status of a System resource’s
readiness when triggered by an Alert Order
indicating that DHS may Activate the System
resource.
16Activation means the status of a System
resource placed at the direction, control and
funding of DHS in response to, or in anticipation
of, a presidential declaration of a major disaster or
emergency under the Stafford Act.
17 In some cases, the relationship between the
individual and the Sponsoring Agency or
Participating Agency is a contractual relationship or
a volunteer relationship. These regulations do not
create a common law employment relationship
between an individual and a Sponsoring Agency or
Participating Agency where none otherwise exists.
18Section 208.40(b) addresses reimbursement for
various differentials paid by Sponsoring Agencies.
19Certain activated System Members will not
report to a Point of Assembly, but rather will be
instructed to travel to the incident location directly
from their home or regular place of work. These
individuals are Activated when they leave their
home or regular place of business and we will
adjust the ‘‘portal to portal’’ pay of these
individuals accordingly.
20The Point of Assembly is the location where a
Task Force assembles before departure in response
to an activation order.
Subpart C addresses the deployment
of System Members, either as part of a
Task Force, a Joint Management Team,
or another overhead or technical team,
as a Federal resource, and the
reimbursement of the Sponsoring
Agencies for the costs that they incur as
a result of these deployments. This
subpart also explains the Response
Cooperative Agreement that we will ask
each Sponsoring Agency to sign
following adoption of the final rule.
Subpart D establishes the procedures
by which Sponsoring Agencies may
present claims to DHS for
reimbursement of costs incurred when
we use System Members as Federal
resources, including the timeframes in
which the Sponsoring Agencies must
present such claims, and procedures for
appeals, in writing and submitted
within 60 days after receipt of written
notice of DHS’s determination of the
initial appeal. The timeframes and
procedures for appeals are set out in
§ 208.62, Appeals.
A glossary of defined terms that we
use throughout the Interim Rule and in
subpart A appears in § 208.2. A subglossary of defined terms used 208.32 (subpart C) appears in that subpart.
Sectional Analysis
Section 208.33 sets forth the
principles under which we will
reimburse Sponsoring Agencies for
participating in Alerts 15 and
Activations.16 Subsection (a) expresses
our policy that participation in Alerts
and Activations be as cost neutral as
possible to Sponsoring Agencies and
Participating Agencies. This
commitment is critical to avoid putting
local fire departments, which are the
predominant sponsors of the Task
Forces, at risk for the cost of providing
emergency services outside of their
respective jurisdictions. Payments are
subject to 44 CFR part 13, particularly
§§ 13.21 (payment) and 13.22 (allowable
cost). 44 CFR 13.22 incorporates various
Office of Management and Budget
(OMB) circulars that address allowable
cost. However, if there is a conflict
between this rule and 44 CFR part 13 or
the OMB Circulars, this rule controls.
Section 208.39 explains how we will
compensate Sponsoring Agencies for
personnel costs during Activations.
When we deploy System Members,
either as part of a Task Force, or as part
of a Joint Management Team or other
overhead or technical team, we appoint
them into Federal service as Excepted
Temporary Federal Volunteers and they
work under our direction and control
for the duration of the deployment.
However, System Members who are
regularly employed by a Sponsoring
Agency or Participating Agency retain
their concurrent employment
relationship with their usual
employers.17 The maintenance of this
concurrent employment relationship is
a fundamental principle of the National
US&R Response System, and dates from
the inception of the System. We adopted
the principle after consultations with
the States, local governments and public
safety employee organizations and we
intend it to prevent System Members
from suffering a break in their service to
the usual employer while away on the
Federal deployment. While on a Federal
deployment, these System Members
receive pay and benefits from their
usual employers during the Federal
deployment just as they would if they
were not Activated.
Section 208.39(a) of this part provides
that we will reimburse the Sponsoring
Agency for personnel costs that result
from the Activation and are consistent
with this rule. The Sponsoring Agency
is responsible for reimbursing the
personnel costs of its Participating
Agencies under the provisions of
§ 208.39.
Section 208.39(b) of this part speaks
to how we compensate Sponsoring
Agencies for overtime costs that might
not have been incurred but for the
Federal deployment. Section 7(k) of the
Fair Labor Standards Act (section 7(k))
exempts public safety organizations
from paying their employees overtime
under certain circumstances. As
interpreted by Department of Labor
regulations and court decisions, the
section 7(k) exemption does not apply
unless the employee in question is
trained in fire protection, has the legal
authority and responsibility to engage in
fire suppression, is employed by a
public safety agency engaged in fire
suppression and actually engages in fire
suppression at least 80 percent of the
time.
After reviewing Department of Labor
regulations relating to section 7(k) and
relevant court decisions, we are
uncertain whether the rescue activities
undertaken by Sponsoring Agencies of
the US&R Task Forces are analogous to
fire suppression. We also note that some
System Members will not fall within the
section 7(k) exemption because they are
not regularly employed in fire
suppression. It would be unfair to
compensate these individuals at one
overtime rate, when fellow System
Members, who may be volunteers or
part-time fire service employees, are
compensated at another overtime rate.
For these reasons, DHS instructs the
Sponsoring Agencies to disregard the
section 7(k) exemption when calculating
its reimbursement for personnel costs,
and reimburses Sponsoring Agencies for
regular wages and overtime wages as
described in § 208.39(d), (e) and (f).18
This instruction will not create a
windfall for Sponsoring Agencies and
Participating Agencies because they
cannot charge DHS for personnel costs
in excess of those that they actually and
normally incur.
Section 208.39(c) of this part
establishes a uniform 24-hour tour of
duty during the Federal deployment.
DHS will reimburse the Sponsoring
Agencies for 24 hours of pay for each
day that a System Member is deployed,
from his or her arrival at the Point of
Assembly 19 until his or her release from
duty, which may be the airport or Air
Force Base to which the Task Force
returns, or at the Task Force’s original
Point of Assembly,20 or some other
point. This reimbursement procedure is
known as ‘‘portal to portal’’ pay.
We are not establishing a different
rate of reimbursement for meal periods
or scheduled sleep periods. Once
deployed, all System Members must be
available for immediate response
twenty-four hours a day during the
entire deployment period. Meal periods
and sleep periods will be interrupted if
System Members are needed to engage
in vital lifesaving activities, just as they
are in the firehouse.
Search and rescue professionals
whom we expect to respond on a
moment’s notice at any time during a
24-hour period should be compensated
for 24 hours of work. Activated System
Members often work the first 24 to 48
hours of the Activation continuously, as
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Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations 9185 21Backfill means the personnel practice of
temporarily replacing a person in his or her usual
position with another person.
this initial period involves packaging
the Task Force for transport, loading
and unloading equipment, attending
briefings, receiving and adjusting to
changes in operational objectives,
establishing the base of operations and
initiating the search for live victims.
Once the search begins, we control Task
Force activities during the entire 24-
hour period and Task Forces must be
available for immediate response at any
time.
Section 208.39(g) provides for the
reimbursement of Backfill 21 expenses.
The National US&R Response System
depends upon the voluntary
participation of public safety agencies.
We recognize that these public safety
agencies may be short-handed when
some of their personnel are away on a
Federal deployment. If a public safety
agency ordinarily Backfills a position in
situations where a regular employee is
unavailable for a period of time similar
to that spent on a US&R deployment
(e.g., Family and Medical Leave,
participation in an extended mutual aid
assignment, injury or disability), then
the public safety agency may bill DHS
for the cost of Backfilling the position
for the period that the regular employee
is away on a Federal deployment.
However, we will only reimburse for the
incremental overtime salary and benefit
expenses associated with the
replacement employee. We will not
reimburse the Backfilling agency for the
regular salary and overtime cost of the
replacement employee because the
public safety agency would have to pay
this cost if the Federal deployment had
not occurred.
Public Comments on the Proposed Rule
During the comment period on the
Proposed Rule, which closed on
February 3, 2003, we received a number
of comments. We summarize the
comments and our response to them in
the materials that follow.
Usage of Terms in the SUPPLEMENTARY
INFORMATION. We received comments
concerning the use of the terms ‘‘Task
Force Member’’ and ‘‘System Member’’
in the SUPPLEMENTARY INFORMATION to
the Proposed Rule. In the
SUPPLEMENTARY INFORMATION to the
Proposed Rule, we used the term ‘‘Task
Force Member’’ to denote individuals
who respond as part of the National
US&R Response System. However,
while most participants in the System
respond as part of a US&R Task Force,
participants in the System may also be
called upon to serve on Joint
Management Teams and other overhead
or technical teams. As a result, the term
‘‘System Member’’ is a more accurate
and comprehensive term to describe
individuals who participate in System
activities, and the term ‘‘Task Force
Member’’ is best used to describe a
System Member who is Activated as
part of a Task Force. We have corrected
the usage of these terms in the
SUPPLEMENTARY INFORMATION to the
Interim Rule.
In certain parts of the SUPPLEMENTARY
INFORMATION to the Proposed Rule, we
also used the term ‘‘US&R Task Force,’’
rather than ‘‘Sponsoring Agency,’’ to
denote the agency or entity with which
DHS has entered into legal and financial
agreements with respect to the US&R
Task Forces. We have corrected the
usage of these terms in the
SUPPLEMENTARY INFORMATION to the
Interim Rule.
Finally, in the SUPPLEMENTARY
INFORMATION to the Proposed Rule, we
described the reimbursable period
during an Activation as ending when a
System Member returns to the predeployment staging area. This description conflicts both with standard
terminology and the reality of System
deployments. A more accurate
description of the duration of the
reimbursable period during an
Activation is set forth in the Interim
Rule.
Eligibility for Reimbursement and
Coverage Under Federal Statutes While
Traveling to and from the Point of
Assembly. One Task Force commented
on the time period that we propose to
pay System Members, namely from
arrival at the Point of Assembly until his
or her release from duty, which may be
the airport or Air Force Base to which
the Task Force returns, or at the Task
Force’s original Point of Assembly, or
some other point. Noting that some of
its members live 2 or more hours away
from the Point of Assembly, the
Sponsoring Agency reimburses
members from the time that they are
alerted to the time that they return home
(including travel mileage).
Response: This question has two
aspects: (1) Reimbursement for time
spent traveling to and from the Point of
Assembly, and reimbursement for travel
mileage while traveling to and from the
Point of Assembly; and (2)
consideration of time spent traveling to
and from the Point of Assembly as ‘‘in
the course of employment’’ for the
purposes of workers’ compensation (for
injuries sustained) and tort liability (for
civil wrongs or harms caused) during
that travel.
Reimbursement: This issue is related
to the Fair Labor Standards Act (FLSA),
which establishes a minimum hourly
wage for employees and requires
employers to pay overtime wages for
hours worked above the statutory
maximum. It is also related to the
Portal-to-Portal Act of 1947, which
requires that time spent ‘‘walking,
riding, or traveling to and from the
actual place of performance of the
principal activity or activities which
such employee is employed to perform’’
is not compensable time under the
FLSA unless it is compensable by
contract, custom, or practice. The
general Federal rule regarding travel
mileage is: commuting to and from
work, that is, between permanent
residence and permanent duty station,
is a personal expense. The employee is
expected to be at work; how the
employee chooses to get there is entirely
his or her own business. 27 Comp. Gen.
1 (1947).
There are exceptions to the general
rule if the travel is not ordinary and is
spent outside the workday to and from
job assignments. Examples include
substantial travel to an emergency job
assignment at a location outside the
normal workplace, or the employer
requires the employee to be ‘‘on call’’ to
respond to emergency job assignments.
A corollary of the ‘‘substantial travel’’
exception is that the travel is
noncompensable if the amount of time
spent traveling is minimal.
On reconsideration of our position,
we will reimburse certain travel costs
and time spent traveling to the Point of
Assembly when a System Member
responds to an Activation and must
travel a considerable distance or time, as
determined by DHS on a case by case
basis, to reach the Point of Assembly.
Otherwise, we will follow the general
rule regarding noncompensable travel,
including minimal travel. When we
activate a Task Force or other System
resource, timely assembly of the System
Members is critical, and under those
circumstances warrants our exception to
the general rule. This exception will
apply only to Activations, and will not
apply, for instance, to Alerts, to travel
home after return to the Point of
Assembly, or to travel required for
training, which we consider to be
ordinary noncompensable travel.
In the Course of Employment:
Ordinary travel to and from a fixed
workplace is generally not within the
scope of employment for workers’
compensation purposes, under the
‘‘going and coming’’ rule. Under the
rule, employees with a fixed workplace
are covered by workers’ compensation
only when they are on their employer’s
premises, or performing an assignment
required by the employer. One of the
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9186 Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations exceptions to the general rule of going
and coming is travel to and from job
assignments, where the employer
compensates the employee for the time
or expense of the travel. Consistent with
that exception and our intent to
reimburse travel costs and time spent
traveling to the Point of Assembly in
response to an Activation, on a case-bycase basis we will meet our obligations regarding workers’ compensation claims
that arise out of injuries that System
Members incur while traveling to a
Point of Assembly in response to an
Activation, but for no other purpose.
Definitions. We received several
comments on the definitions in § 208.2,
and made the following changes:
We changed the term ‘‘Memorandum
of Understanding’’ to ‘‘Memorandum of
Agreement.’’
The definition for ‘‘Equipment Cache
List’’ now reads: ‘‘The DHS-issued list
that defines:
‘‘(1) The equipment and supplies that
US&R will furnish to Sponsoring
Agencies; and
‘‘(2) the maximum quantities and
types of equipment and supplies that a
Sponsoring Agency may purchase and
maintain with FEMA funds.’’
The definition for ‘‘Participating
Agency’’ reads: ‘‘A State or Local
Government, non-profit organization, or
private organization that has executed
an agreement with the Sponsoring
Agency to participate in the National
US&R Response System.’’
One Task Force expressed concern
regarding the definitions of ‘‘Program
Manager,’’ ‘‘Program Office,’’ and
‘‘Project Manager.’’ We have decided to
retain the definitions of ‘‘Program
Manager’’ and ‘‘Program Office’’ as they
are. Currently, the Program Manager is
the Chief of the US&R Section, which is
part of the Response Division of FEMA,
under the Emergency Preparedness and
Response Directorate of DHS, and the
Program Office is the US&R Section.
However, these entities may change as
the organizational structure of DHS
evolves. We will notify the Sponsoring
Agencies if we designate a different
Program Manager or Program Office. We
have deleted the definition of ‘‘Project
Manager’’ from the definitions set forth
in § 208.22, since that terms appears
nowhere else in the Interim Rule.
We have added the following
definition: ‘‘Program Directive means
guidance and direction for action to
ensure consistency and standardization
across the National US&R Response
System.’’ This replaces the term
‘‘System Order’’ in the proposed rule
with ‘‘Program Directive’’ in the interim
rule.
One commenter recommended that
DHS include a definition of ‘‘Affiliated
Member.’’ The equivalent term is
defined at § 208.32 as ‘‘Affiliated
Personnel.’’
Section 208.6, System Resource
Reports. One commenter noted that
Sponsoring Agency, Participating
Agencies and System Members are to
cooperate fully in audits, investigations,
studies and evaluation, and asked, ‘‘who
pays for salary cost associated with
gathering and processing the
information?’’
DHS provides funding for program
management in the Preparedness
Cooperative Agreement to support
administrative activities, including the
salary costs for gathering and processing
System resource reports.
Workers’ Compensation and Other
Benefit Costs. Several Sponsoring
Agencies commented that workers’
compensation and other benefit costs
incurred by Sponsoring Agencies as the
result of an injury or death to a System
Member are not reimbursable costs. As
set forth in § 208.11 and explained in
the Supplementary Information, DHS
will appoint System Members into
Federal service, concurrent with those
individuals’ local employment, to
secure protection for such employees
under the Federal Employees’
Compensation Act and the Federal Tort
Claims Act. If a System Member
sustains an injury, that System Member
may file a claim for compensation under
the Federal Employees’ Compensation
Act. Because the System Member’s
Federal appointment is concurrent with
his or her local employment, the System
Member may also be eligible for
compensation under his or her local
workers’ compensation system. In that
case, the System Member may collect
either the incremental difference
between Federal benefits and local
benefits, or may collect local benefits in
full, depending on whether the local
benefits may be offset by the Federal
payment to the System Member.
As explained in § 208.40, DHS will
reimburse the Sponsoring Agency for
the workers’ compensation insurance
premium costs associated with the time
during Activation. However, any local
benefit payment is not a reimbursable
expense, because DHS (through the U.S.
Department of Labor) provides coverage
under the Federal Employees
Compensation Act, and because we are
prohibited under our current statutory
authority from reimbursing Sponsoring
Agencies for the costs of benefit
payments.
Death or Disability in Line of Duty.
One Participating Agency asked
whether a System Member killed or
disabled while Activated would be
entitled to benefits through the agency’s
municipal pension program, and
whether the death or injury would be
considered in the line of duty. We
intend that System Members remain
fully eligible for local benefits during
Federal Activation, and that, as a result,
any death or injury during Activation
should be considered to have occurred
while the System Member was acting in
the scope of employment.
Federal Death Benefits. One
Sponsoring Agency asked how a
‘‘Federal death benefit,’’ if incurred,
would be calculated. The ‘‘Federal
death benefit’’ for System Members
comprises two separate components: (1)
A benefit payment under the Federal
Employees Compensation Act; and (2) a
payment under the Public Safety
Officers’ Benefit Act. The death and
injury benefits available under each of
those statutes are determined using
formulas set forth in those statutes.
Voluntary Contribution to Municipal
Pension Plans. One Sponsoring Agency
asked whether contributions to a
municipal pension plan made
voluntarily by System Members during
an Activation, rather than contributions
made by the System Member’s employer
under the terms of a collective
bargaining agreement or other
arrangement, are reimbursable by DHS.
Voluntary employee contributions, as
opposed to mandatory employer
contributions, are not reimbursable
expenses.
Contributions to the Pension Plan
Based on Overtime. One Sponsoring
Agency commented that under its
benefits plan, salary is defined as the
total actual fixed cash compensation,
including overtime, and contributions to
its pension plan are based on this total
salary, including overtime. The
Sponsoring Agency asked whether
contributions to the pension plan based
on overtime pay received during
Activation reimbursable under this rule.
Under § 208.40(a)(2), these
contributions are reimbursable.
Cost Sharing. One Task Force
commented that § 208.23(f) refers to
‘‘Cost Sharing’’ but makes no distinction
between ‘‘hard share,’’ i.e., cash
contributions, and ‘‘soft share,’’ i.e.,
other value-added benefits provided by
the Sponsoring Agency. We do not
presently require Sponsoring Agencies
to provide a cost share, either hard or
soft, for preparedness or response
funding. Please note that section
208.22(f) provides for cost sharing if it
were required in the future. If we were
to institute a cost-sharing requirement
in the future, we would clearly indicate
in the Cooperative Agreement whether
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Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations 9187 such cost share would be ‘‘hard’’ or
‘‘soft.’’
Equipment Ownership. Several
Sponsoring Agencies commented that
the Proposed Rule does not address
ownership or disposition of equipment
purchased under this program.
OMB Circulars A–87 and A–110
specify that equipment purchased with
Federal Grant funds is the property of
the grantee. However, title, use,
management and disposition of
equipment purchased under a grant or
Cooperative Agreement is set out in 44
CFR 13.32, a government-wide rule to
which DHS adheres. While the
Sponsoring Agency has title to any
equipment purchased with Federal
preparedness and response Cooperative
Agreement funds, DHS reserves the
right to transfer title to the Federal
Government or a third party that we
may name, under 44 CFR 13.32(g). DHS
would generally expect to limit its
exercise of this right to instances when
a Sponsoring Agency indicates or
demonstrates that the Sponsoring
Agency cannot fulfill its obligations
under the Memorandum of Agreement.
Maximum Pay Rate Table. We
received the most number of comments
concerning the Maximum Pay Rate
Table (Table) identified in the Proposed
Rule. For clarity, we set forth here the
applicability of the Table and the
process we will follow for creating and
updating the Table.
Section 208.32 defines the ‘‘Maximum
Pay Rate Table’’ as ‘‘the DHS-issued
table that identifies the maximum pay
rates for selected System positions that
may be used for reimbursement of
Affiliated Personnel compensation and
Backfill for Activated System Members
employed by or otherwise associated
with a for-profit Participating Agency.’’
In that same section, ‘‘Affiliated
Personnel’’ are defined as ‘‘individuals
not normally employed by a Sponsoring
Agency or Participating Agency and
individuals normally affiliated with a
Sponsoring Agency or Participating
Agency as volunteers.’’
One Sponsoring Agency commented
that the Table seemed to contradict the
principle of cost neutrality set forth
prominently in the Proposed Rule.
However, as defined, the Table applies
only to those individuals who are not
normally employed by a Sponsoring
Agency or Participating Agency, or
whose affiliation with a Sponsoring
Agency or Participating Agency is as a
volunteer; that is, an individual whom
the Sponsoring Agency or Participating
Agency does not normally compensate
in any way, at any rate.
The Table sets forth maximum rates
for which we will reimburse the
Sponsoring Agency for compensation
paid to those individuals while
Activated. The Sponsoring Agency may
choose to compensate these individuals
at a higher rate, but we will not
reimburse the increment above the
maximum rate specified in the Table.
Likewise, the Sponsoring Agency may
choose to enter into a Participating
Agency agreement with the individual’s
employer, rather than use the individual
as an Affiliated Personnel, in which
case the Table would not apply.
Consequently, only a Sponsoring
Agency’s choice to exceed the
maximum rates set forth in the
Maximum Pay Rate Table would result
in an uncompensated expenditure, and
the Table would not violate the
principle of cost neutrality.
A number of parties expressed
concern that the Table was not provided
concurrently with the publishing of the
Proposed Rule. We chose not to delay
the Proposed Rule until the Table could
be developed. We have inserted a new
section 208.12, Maximum Pay Rate
Table, to establish the process for
creating, updating and using the Table.
We are also publishing the Table as a
Notice in the Federal Register and are
asking for comments on both the Interim
Rule and the Table before publishing
the final rule.
One Sponsoring Agency expressed
concern that the rates set forth in the
Table could not be used with respect to
individuals employed by the
Sponsoring Agency, and not when the
individual would serve on the Task
Force as Affiliated Personnel (e.g., a
Sponsoring Agency fire department
dispatcher affiliated with the US&R
Task Force in a non-dispatcher role as
a canine search specialist). Although the
Table would not necessarily apply to
reimbursement for salary and benefits
for that individual, Sponsoring Agencies
may use the rates in the Table as a guide
for establishing compensation levels for
Affiliated Personnel.
Affiliated Personnel. Several
commenters noted that the rule can be
interpreted to preclude the
reimbursement of Backfill expenses for
Affiliated Personnel under § 208.39(g).
Those commenters expressed concern
that, since the highly-trained civilians
such as physicians, structural engineers
and canine handlers are typically
Affiliated Personnel, reimbursement for
Backfill expenses is important to
securing the participation of these
individuals in the System. The
restriction on Backfill costs for
Affiliated Personnel could limit the
ability of Sponsoring Agencies to recruit
and retain these highly trained civilians.
However, the only permissible way to
reimburse Affiliated Personnel for
Backfill costs is through Participating
Agencies—neither we nor the
Sponsoring Agencies have contractual
or employment relationships with the
individuals Backfilling the jobs of
Affiliated Personnel. If reimbursement
for Backfill expenses is a problem for
Affiliated Personnel, we encourage them
to have their employers or professional
association seek Participating Agency
status. Participating Agency status is
available to private, for-profit
organizations under the revised
definition of ‘‘Participating Agency’’ set
forth in this Interim Rule. (See
Definitions, § 208.2, Participating
Agency, and § 208.12, Maximum Pay
Rate Table.) Note, however, that
compensation costs, for the purposes of
reimbursement and Backfill, refer to the
System Member’s actual compensation,
or the compensation of the individual
who Backfills a position (which
includes salary and benefits, as
described in §§ 208.39 and 208.40),
rather than billable or other rates that
might be charged for services rendered
to commercial clients or patients.
Creating, Updating and Using the
Maximum Pay Rate Table. We have
inserted a new section 208.12 in this
rule to establish how we will create,
update and use the Table to reimburse
Affiliated Personnel (Task Force
Physicians, Task Force Engineers, and
Canine Handlers) and Backfill for
Activated System Members employed
by or otherwise associated with a forprofit Participating Agency; the Table applies only to these named categories.
Section 208.12 describes the method for
determining maximum pay rates using
United States Office of Personnel
Management’s (OPM) salary rates, and
provides links to OPM’s applicable
salary rate tables and locality pay tables.
The section provides that DHS will
review and update the Table
periodically (at least annually). DHS is
publishing the initial Table in the
Federal Register as a Notice with
request for comments. DHS will publish
subsequent revisions to the Table as
Notices in the Federal Register.
The section further states that a
Sponsoring Agency may choose to pay
Affiliated Personnel at a higher rate, but
DHS will not reimburse the increment
above the maximum rate specified in
the Table.
Resupply and Logistics Costs During a
Federal Activation. One Sponsoring
Agency noted that, under § 208.38, we
will not reimburse costs incurred for
resupply and logistical support during
Activation. That section states that
resupply and logistical support needed
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9188 Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations 22ESF–9, or Emergency Support Function 9,
Urban Search and Rescue, is responsible to plan
and coordinate the use of Urban Search and Rescue
assets following an event that requires locating,
extricating and providing immediate medical
treatment of victims trapped in collapsed
structures. ESF–9 also provides planning and
coordination of US&R assets when they engage in
other disaster-related assignments.
23A Demobilization Order is a DHS
communication that terminates an Alert or
Activation and identifies cost and time allowances
for rehabilitation.
during Activation are the responsibility
of the Joint Management Team (JMT).
The Sponsoring Agency asked, ‘‘What
happens if the Incident Management
Team [now the JMT] cannot be
established?’
During Activation, we are responsible
for resupply and logistics. Currently, we
accomplish this responsibility through
either the JMT, which operates in the
field, or the Emergency Support
Function 9 (ESF–9),22 which operates
from the National Emergency
Operations Center, an emergency
coordinating center located at FEMA
headquarters. As DHS develops and
evolves, we may change the names or
functions of these teams; however, the
responsibility for resupply and logistics
will remain with us. Task Forces should
not engage in resupply or logistical
support during Activation unless
coordinated through one of these teams.
In extraordinary circumstances, e.g., if
the Task Force cannot make contact
with either the JMT or the EST, the Task
Force should follow the instructions in
§ 208.44, Reimbursement for other costs.
Absent such circumstances, we will not
reimburse costs incurred for resupply
and logistical support during
Activation.
Compensation for Exempt System
Members. Several agencies commented
on the proposed reimbursement for
compensation paid to Exempt System
Members, i.e., System Members who are
paid a salary, rather than an hourly
wage, and are otherwise exempt from
the Fair Labor Standards Act. One
agency commented that reimbursement
for Exempt System Members should be
based on the employees’ salary,
converted to a 40-hour workweek and
then paid at that rate on an hourly basis
during Activation. Another agency
commented that the different methods
of compensation calculation for Exempt
and non-exempt System Members will
result in non-exempt System Members
receiving a greater amount of
compensation during Activation than
Exempt System Members, who are
typically more experienced firefighters
holding higher ranks in the Sponsoring
Agency or Participating Agency. This
agency speculated that the method of
compensation calculation used in the
Proposed Rule would result in fewer
chief officers (who are typically
classified as Exempt System Members)
participating as System Members.
There are two guiding principles
underlying our compensation
calculation rules: (1) Cost neutrality;
and (2) customary and usual practice.
The compensation calculation system
for Exempt System Members complies
with both of these principles. If an
individual is classified as an Exempt
System Member in his or her regular
position with the Sponsoring Agency or
Participating Agency, then this
individual will receive compensation on
a daily basis, rather than an hourly
basis, regardless of the number of hours
the individual works in a day. The rule
provides reimbursement to the
Sponsoring Agency or Participant
Agency on this basis—that is, for the
amount that the individual would have
customarily and usually received. If the
Sponsoring Agency or Participating
Agency customarily and usually
compensates Exempt System Members
by paying a salary and overtime, or
customarily and usually awards
compensatory time or another overtime
substitute for hours worked above a
predetermined threshold, then the
Sponsoring Agency may request
reimbursement for the overtime amount,
or the liquidated value of the
compensatory time or other overtime
substitute, in accordance with
§§ 208.39(e)(5)(ii) and (iii). In this way,
this rule abides by the principle of cost
neutrality.
One Sponsoring Agency asked that we
examine the feasibility of giving
Sponsoring Agencies the option of
having chief officers appointed as
Disaster Assistance Employees (DAE)
(temporary DHS employees) during
Activation. In that case, those officers
would be temporary Federal employees,
would probably take a reduction in pay,
and would take vacation or
administrative leave from the
Sponsoring Agency or Participating
Agency for the period of Activation. In
turn, a DAE appointment might affect
their pension and seniority rights. We
believe that disadvantages of DAE
appointments outweigh any benefits
that chief officers might derive, and that
the current language of this rule
concerning Exempt System Members
represents the best general practice.
One Sponsoring Agency asked
whether, under § 208.39(e)(3), chiefs
compensated based on a 56-hour
workweek should be converted to a 40-
hour workweek for purposes of
calculating reimbursable compensation
under the rule. This Sponsoring Agency
also noted that compensating
individuals who customarily and
usually work a 56-hour workweek, by
converting their hourly wage rate to a
40-hour workweek, results in
approximately 40 percent higher costs
during Activation. Sponsoring Agencies
and Participating Agencies that
compensate employees based on a 56-
hour workweek take advantage of the
partial overtime exemption set forth in
section 7(k) of the Fair Labor Standards
Act. As explained herein, we require
that Sponsoring Agencies and
Participating Agencies disregard the
section 7(k) partial exemption in
calculating personnel costs, and we will
reimburse personnel costs based on a
40-hour work week, as described in
§ 208.39 of this rule.
One Sponsoring Agency notes that the
calculation of reimbursable personnel
costs will place an extra burden on
payroll staff, and there will most likely
be personnel who will be eligible for
overtime compensation immediately
upon Activation since they have already
exceeded the overtime threshold for that
week. We have included an
administrative allowance in the
reimbursement for response costs, found
at § 208.41, to compensate the
Sponsoring Agency for this increased
burden on payroll staff. We also provide
for reimbursement of any additional
salary and overtime costs in § 208.39(f),
e.g., those incurred because a System
Member is eligible for overtime
compensation immediately upon
Activation.
Reimbursement for Personnel Costs
for Equipment Cache Rehabilitation.
Under § 208.43, we will reimburse
Sponsoring Agencies for personnel costs
associated with equipment cache
rehabilitation up to the number of hours
specified in the Demobilization Order.23
One Sponsoring Agency stated that the
number of hours specified in the
Demobilization Order should be an
estimate only, rather than a fixed limit,
and asked whether there is an appeal
process for the number of hours
specified in the Demobilization Order,
or another mechanism for requesting
additional hours based on unforeseen
circumstances. There is no appeal
process for the number of hours
specified in the Demobilization Order.
However, if the Sponsoring Agency feels
that unforeseen circumstances will
prevent it from completing its
equipment cache rehabilitation within
the specified number of hours, the
Sponsoring Agency should follow the
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Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations 9189 24The Equipment Cache List is the DHS-issued
list that defines: (a) The equipment and supplies
that US&R will furnish to Sponsoring Agencies; and
(b) the maximum quantities and types of equipment
and supplies that a Sponsoring Agency may
purchase and maintain with DHS funds.
procedures in § 208.44 for
reimbursement of other costs.
Reimbursement for Other Costs.
Section 208.44 sets a procedure for
Sponsoring Agencies to follow if the
Sponsoring Agency or the Task Force
believes that it must incur an expense
not included in subpart C for which it
expects to request reimbursement.
Section 208.44 requires that the
Sponsoring Agency request in writing
permission from DHS to make the
expenditure or, if advance permission in
writing is not possible to obtain, to meet
three criteria before making the
expenditure, including requesting and
receiving advance verbal approval.
One agency commented that during
an extreme emergency, in particular
during the initial 24- to 48-hours of an
Activation, it can be difficult to obtain
written or verbal approvals, and that
personnel authorized to approve
expenditures are not available 24 hours
a day during this period. Moreover, this
agency commented that Joint
Management Teams, in the past, have
left requests for resupply unanswered
for extended periods of time. The
agency recommended that we empower
Task Force Leaders to make
procurement decisions.
We feel that this comment addresses
operational problems rather than
regulatory issues. Many of these
problems will be alleviated by the
construction of the new DHS operations
center that will be staffed 24 hours a day
during an Activation, and by assuring
that there is at least one person on duty
in the operations center who holds
delegated authority to authorize
procurements. Moreover, the revised
Equipment Cache List 24 provides for
the purchase of multiple, back-up
methods of communication to assure
that Task Forces can communicate with
the operations center under any
circumstances. We believe that the rule
controls the costs associated with
Activation and limits duplicative
procurement without compromising
responder safety.
Advance of Funds. Section 208.45
states that we will provide the
Sponsoring Agency with an advance of
funds up to 75 percent of the estimated
personnel costs of the Activation.
Several agencies commented that we
should increase this amount to 90
percent of the estimated personnel
costs. These agencies commented that
since personnel costs of an Activation
can exceed $1 million, an advance up to
75 percent of that amount still leaves
the Sponsoring Agency with
approximately $250,000 in outlays for
personnel costs for which it must wait
for up to 120 days or more for
reimbursement. The financial burden of
these outlays would be compounded in
the event of multiple Activations within
a relatively short time period.
We believe that up to 75 percent is the
optimal amount for an advance of funds
because it balances the need for funds
against the possibility of overestimated
funds. As one commenter pointed out,
for many years we did not provide any
advance of funds, and for more recent
Activations we provided an advance
equal to 25 percent of estimated
personnel costs. The amount ‘‘up to 75
percent’’ is a result of our examination
of personnel cost data from a number of
previous Activations. It also recognizes
the financial burden borne by the
Sponsoring Agencies in carrying, even
temporarily, these additional salary
costs. However, Activations often last
for a shorter period of time than we use
to calculate the estimated personnel
costs for the Activation, as was the case
recently with Hurricane Isabel when
teams were activated for fewer than 7
days. As one commenter pointed out,
some percentage of personnel costs may
be questioned and ultimately
disallowed as a result of the
reimbursement review process. For
these reasons, at this time, we believe
that up to 75 percent of estimated
personnel costs is the best amount for
an advance of funds. We expect to
review Sponsoring Agencies’ experience
periodically under this provision, and
will make revisions as warranted.
Deadline for Submission of Claims.
One agency commented that the
deadline for submission of claims comes
too soon after an Activation has ended.
Currently, § 208.52 specifies that
Sponsoring Agencies must submit
claims for reimbursement within 90
days of the conclusion of the Activation.
Section 208.52 also states that DHS may
extend and specify the time limitation
upon a written request and justification
from the Sponsoring Agency. The
commenting agency noted that it could
take many weeks to obtain certain items,
often because of manufacturers’
inventory status. The agency stated that
setting a deadline of 120 days would
obviate the need for a Sponsoring
Agency to apply for repeated
extensions.
We believe that the 90-day timeframe
for submission, with the opportunity for
Sponsoring Agencies to apply for 30-day
extensions, is the better policy. In the
past, we found that Sponsoring
Agencies often do not submit claims for
reimbursement in a timely manner. This
tendency interferes with our ability
administratively to ‘‘close out’’ the
accounts we set up for each major
disaster or emergency, and also results
in Sponsoring Agencies carrying
unreimbursed costs for longer periods of
time. We believe that it is better to
require submission of claims for
reimbursement within 90 days of the
conclusion of the Activation, while
permitting Sponsoring Agencies to
apply for 30-day extensions at their
option.
Reevaluation and Potential Revision
of the Rule. One agency commented that
we should provide a date certain for
reevaluation and potential revision of
this rule. The agency believed that
providing this date certain was
important because some provisions of
the rule will require additional
discussion and development, and other
issues may arise after the rule is
implemented. We do not believe that
there is a need to provide a date certain
by which we will reevaluate and, if
necessary, revise the rule. However, we
will work with our State and Local
Government partners through the
National Urban Search and Rescue
System Advisory Committee and its
Legal Issues Working Group to evaluate
this rule, measure its efficacy, and
develop revisions as necessary.
Task Force Leader. One Sponsoring
Agency commented that this rule
should include a definition of the role
and responsibilities of the Task Force
Leader, the highest leadership position
on a US&R Task Force. The commenting
agency stated that ‘‘[t]he Task Force
Leader is the individual during a
deployment who is in control and
responsible for the entire Task Force, in
addition to reporting to FEMA (whether
the FEMA Emergency Support Team
(EST) or the IST [now JMT] the Task
Force Leader is the individual that the
Sponsoring Agency designates to
represent the Sponsoring Agency both
financially and legally while the Task
Force is deployed.’’
We feel that the roles and
responsibilities of the Task Force Leader
should not be included in the rule. We
have developed and published a
Position Description for the Task Force
Leader, and have described the roles
and responsibilities of the Task Force
Leader in several operational
documents. These descriptions may
change over time, and we want to retain
flexibility by including these
descriptions in operational documents
rather than in the rule. Moreover,
different Sponsoring Agencies have
vested their Task Force Leaders with
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9190 Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations 25The Advisory Committee of the National US&R
Response System provides advice,
recommendations, and counsel on the continuing
development and maintenance of a National US&R
Response System to the Under Secretary for
Emergency Preparedness and Response.
26The System has several specialized Working
Groups, e.g., command and general staff, medical,
legal issues, training, etc., that provide professional and technical advice on US&R issues to DHS
through the National Advisory Committee.
different levels of authority. For these
reasons, we have not defined the roles
and responsibilities of the Task Force
Leader in the rule.
Use of Federally Purchased
Equipment for Local Use in Daily
Operations. One commenter noted that,
in the Federalism Summary Impact
Statement included with the Proposed
Rule, we stated that ‘‘Equipment and
supplies purchased with Federal funds
may be used to respond to state
disasters or emergencies.’’ The
commenter asked whether the intent of
the rule was to prevent the use of
federally purchased equipment for daily
operations.
We intend the System to provide a
Federal capability to respond to major
disasters or emergencies involving
structural collapse, weapons of mass
destruction, or other incidents that the
President declares. A Sponsoring
Agency may use equipment and
supplies purchased with Federal funds
to respond to disasters or emergencies
requiring urban search and rescue
response at the state and local level, and
if necessary, to repair or replace
equipment so used at the Sponsoring
Agency’s expense. However, we do not
intend that Sponsoring Agencies use
federally purchased equipment in
routine, day-to-day operations.
Indirect Costs. One Sponsoring
Agency commented on our prohibition
of reimbursement for indirect costs
related to response, and our 7.5 percent
limitation on indirect costs related to
preparedness. The commenting agency
noted that this limitation on indirect
costs is inconsistent with other FEMA
programs and diverges from standard
Federal indirect cost percentages. The
commenting agency stated that this
limitation could threaten the ability of
that Sponsoring Agency to remain in the
System, stating that the ‘‘work burden
formulas presuppose economies of scale
for a larger, pre-existing agency.’’
We brought this issue to the National
US&R Advisory Committee, which
recommended retention of the indirect
costs policy as in the proposed rule. We
agree. This limitation is not inconsistent
with other limitations applicable to
FEMA programs. Accordingly, we have
not changed this section. Note that this
limitation applies only to Preparedness
Cooperative Agreements, which apply
over the course of at least one year and
to which indirect cost principles can be
applied readily. Except as provided in
§ 208.41, we allow no indirect costs
under Response Cooperative
Agreements. US&R deployments are
most often short-term, on the order of
10–14 days. Consistent with section 407
of the Stafford Act, we will allow the
administrative allowance listed in
§ 208.41 of this part in lieu of
attempting to establish indirect cost
rates for short-term deployments.
Administrative Procedure Act
Determination
We are publishing this Interim Rule
under the Administrative Procedure
Act, 5 U.S.C. 553, with our request for
public comments. Concurrently with
publication of the Interim Rule, we are
publishing the Maximum Pay Rate
Table (Table) in the Federal Register as
a Notice. We published a Proposed
Rule, National Urban Search and Rescue
Response System, on December 18,
2002, 67 FR 77627–77640, and received
over 30 comments from various Task
Forces in the National US&R Response
System. We discuss the comments in
the preamble of the Interim Rule,
indicating where we agree with the
comments and have made changes, and
also where we do not agree with the
comments.
We did not have the Table prepared
at the time we published the Proposed
Rule but received a large number of
comments and questions about the
Table. To provide an opportunity for
comment before publishing the final
rule, and because of the delay between
the date of the Proposed Rule and the
Interim Rule, we request that interested
parties comment within 45 days of
today’s publication.
The National US&R Response System
provides a number of public services
that are unique within the Federal
Government. Members are experienced
and trained professionals highly skilled
in the often dangerous roles of searching
for, extricating and providing initial
medical care for victims from collapsed
buildings, whether collapsed by natural
or manmade causes. The searching is
important to the public to ensure that
every effort has been made to rescue
people still alive within a collapsed
structure. Members also have an
important role in finding the bodies of
those killed in the collapse, so that
victims might be identified and returned
to grieving families. The tasks
performed and the dangers inherent in
the work benefit other firefighters and
disaster responders who do not have the
specialized training and experience of
the National US&R Response System
Members and who are not put at risk by
entering the collapsed structures when
US&R teams are present.
The Interim Rule is effective today,
the date of publication. There is an
urgent need within the National US&R
Response System to standardize
financial, administrative and
operational functions among the 28
Task Forces located in 19 States. These
needs include codifying the relationship
between the Department of Homeland
Security (DHS) and the Sponsoring
Agencies of the 28 Task Forces, and
standardizing the relationships of
Sponsoring Agencies with their
Participating Agencies and Affiliated
Personnel. Efforts to standardize the
Memoranda of Agreement between DHS
and the Sponsoring Agencies, and in
turn, the agreements between the
Sponsoring Agencies and Participating
Agencies and Affiliated Personnel, are
essential to the effective functioning of
the System and must be completed soon
to inform, guide and govern all System
participants uniformly in their
respective roles, responsibilities and
activities.
In the years since September 11, 2001,
Congress has appropriated increased
funds to US&R for equipment, training,
and other measures to ensure that each
Task Force is fully staffed, trained and
available for whatever disaster they may
be called upon for help. It is imperative
and urgent that there be full
accountability for the funds granted to
the Sponsoring Agencies, and that there
be uniform standards that the
Sponsoring Agencies can apply in the
performance of their US&R
responsibilities. This rule provides
those standards; it is urgent that they be
in effect as soon as possible.
The direct effect of this rule is on the
28 Sponsoring Agencies, their
Participating Agencies, and Affiliated
Personnel—a relatively small, welldefined universe. The Sponsoring Agencies, the Advisory Committee of
the National US&R Response System
(Advisory Committee),25 the Working
Groups 26 under the Advisory
Committee, and others associated with
the National US&R Response System
have frequently and repeatedly
requested publication and
implementation of this rule, which they
urgently need to fulfill their obligations
to the System, themselves and their
organizations. As matters of sound
policy, planning and management for
the entire System, it is important to
make the rule effective upon
publication.
Good cause exists and it is in the
public interest to make this Interim Rule
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Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations 9191 effective upon publication (and to
request comments on the Interim Rule
and on the Table as published
separately today as a Notice). DHS will
review and evaluate any comments that
it receives and will publish the final
rule at a later date.
National Environmental Policy Act
44 CFR 10.8(d)(2)(ii) categorically
excludes from actions such as the
preparation, revision, and adoption of
regulations, and specifically 44 CFR
10.8(d)(2)(xviii)(C), which relates to
planning and administrative activities
in support of emergency and disaster
response and recovery, including
deployment of urban search and rescue
teams. Accordingly, we have not
prepared an environmental assessment
or environmental impact statement for
this rule.
Executive Order 12866, Regulatory
Planning and Review
Under Executive Order 12866, 58 FR
51735, October 4, 1993, a ‘‘significant
regulatory action’’ is subject to OMB
review and the requirements of
Executive Order 12866. Section 3(f) of
the Executive Order defines ‘‘significant
regulatory action’’ as one that is likely
to result in a rule that may:
(1) Have an annual effect on the
economy of $100 million or more, or
may adversely affect in a material way
the economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs, or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.
In determining whether to proceed
with the formulation and publication of
this rule, we considered three
alternatives: maintain the status quo
ante; manage the program through
administrative directives; and cancel the
program.
Maintain the Status Quo Ante. The
National US&R Response System has
operated since the early 1990s without
formal regulations. The first ten years or
so were formative years with a great
deal of flux. Federal appropriations
were minimal until the events following
September 11, 2001, which led to major
changes in planning, operations,
management, training and funding.
Twenty US&R teams responded to the
World Trade Center and five responded
to the Pentagon. After-action
evaluations showed the need for greater
interoperability of equipment,
consistency in training and operating
across the 28 teams, and many other
factors to permit 28 disparate units in 19
States to perform as a cohesive whole.
Congress appropriated larger sums to
support the program, mandating that the
program not add new task forces until
existing task forces were fully equipped
and trained. Spurred by the response of
Congress and the Administration, we
redoubled efforts to standardize the
financing, administration and operation
of the National US&R Response System.
Under the status quo ante and the low
level of Federal funding, we had little
leverage to standardize the program.
With increased appropriations and
expanding mission that followed
September 11, 2001 (e.g., response to
acts of terrorism and weapons of mass
destruction events, response to
hurricanes), operating without formal
regulations was no longer tenable.
Sound management and responsible
stewardship of the program demand
formal regulations. For these reasons,
we rejected the status quo ante.
Management by Administrative
Directives. We rejected this alternative
on grounds that administrative
directives do not have the force of law,
tend to be piecemeal, and do not
adequately support our need for
standardized practices within the US&R
program. In contrast, the rule will have
the force of law and will concisely
support our need to standardize the
financing, administration and operation
of the US&R program.
Cancel the Program. The US&R
program grew out of the evident need to
have highly skilled, specially trained
and equipped personnel swiftly
available to search for and extricate
victims from collapsed buildings,
whether from earthquakes and other
natural causes, acts of terrorism,
accidents or other human causes. The
need is greater today than perceived in
the late 1980s and early 1990s. The
program has garnered a well- and hardearned recognition of its effectiveness, with strong support from Congress, the
Administration, and its Sponsoring and
Participating Agencies. With that
continuing support, cancellation of the
program is not a feasible alternative.
Interim Rule. We (FEMA) published a
Proposed Rule, National Urban Search
and Rescue Response System, on
December 18, 2002, 67 FR 77627–77640.
During the 45-day comment period, we
received about 30 comments from
Sponsoring Agencies, one from a
Participating Agency, one from a
Member of Congress, and none from the
public at large. We reviewed the
comments, accepting some, rejecting
some. This preamble and Interim Rule
reflect the decisions made regarding the
comments that we received.
When we published the Proposed
Rule, we mentioned, but had not yet
prepared, the Maximum Pay Rate Table
(Table). In order to have that part of the
rule on which we had received
comments go into effect, and to obtain
public comments on the Table, we
elected to publish the rule as an Interim
Rule, and, concurrently to publish the
Table as a Notice, with request for
comments.
Economic Significance of the Rule.
This rule will not have an annual effect
on the economy of $100 million or more
and is not an economically significant
rule under Executive Order 12866. The
rule establishes the relationship
between the Sponsoring Agencies of the
Urban Search & Rescue (US&R) Task
Forces and DHS, funding for
preparedness and response activities,
including the acquisition of equipment
and supplies and training, and the
eligibility of Task Forces to receive and
maintain Federal excess property.
This interim rule impacts 28
Sponsoring Agencies, 26 of which are
from local communities, 2 are
associated with state universities. All of
the communities have populations
greater than 50,000. Most of the
Sponsoring Agencies have agreements
with Participating Agencies for
additional support to meet the staffing,
equipment and training requirements of
the National US&R Response System.
US&R-related costs of Participating
Agencies are paid by DHS through the
Sponsoring Agencies. Similarly,
expenses of Affiliated Personnel are
reimbursed through the Sponsoring
Agencies.
DHS has designed the National US&R
Response System to be as cost neutral to
Sponsoring Agencies as Federal law
authorizes. DHS acquires equipment
and supplies, pays for training, meetings
and related travel, lodging, and per
diem expenses, and attempts to cover
Sponsoring Agencies’ preparedness
costs through preparedness Cooperative
Agreements. When DHS activates a
US&R Task Force we reimburse the
Sponsoring Agency for 100 per cent of
its direct eligible costs incurred,
including overtime and Backfill costs,
and indirect costs capped at 7.5 percent
of direct costs, under the terms of the
response Cooperative Agreements.
Sponsoring Agencies will incur certain
paperwork burdens and expenses,
which are described and quantified
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9192 Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations 27The Task Forces also respond to disasters and
emergencies in their home states as State resources.
DHS does not directly reimburse Sponsoring
Agencies of the Task Forces for the costs that they
incur when deploying in their home state, although
in a State deployment Task Forces may use
equipment that they have purchased with DHS
grant funds and Federal property that is in their
custody. Subpart C of this rule does not cover instate deployment of US&R resources. However, Federal reimbursement for the cost of an in-state
deployment may be available through DHS’s Public
Assistance Program under regulations published at
44 CFR part 206. In addition, the Office of Foreign
Disaster Assistance of the U.S. Agency for
International Development (USAID) often uses the
services of certain US&R Task Forces to deliver
humanitarian assistance abroad under agreements
to which DHS is not a party. The rule does not
affect the relationships between USAID and the
Sponsoring Agencies of the Task Forces.
below in the materials on the Paperwork
Reduction Act. We expect that our
Cooperative Agreements and their
associated indirect cost rates will cover
the eligible costs that the Sponsoring
Agencies incur to participate in the
National US&R Response System.
Costs to DHS to administer the
National US&R Response System
include the salaries and expenses of an
8-person staff, and the indirect staff
costs for financial, acquisition, logistics
and other administrative services
provided by DHS and FEMA. Current
appropriations limit administrative
costs to 3 percent of the total amount
appropriated for US&R.
FEMA’s planning and program
guidance for fiscal years 2005 through
2009 set funding levels of $6.438
million for the National US&R Response
System, representing the baseline
nondisaster-specific budget for
operating expenses. In the past two
years, congressional annual
appropriations for US&R were $60
million, most of which US&R passed to
the Sponsoring Agencies pursuant to
Cooperative Agreements. FEMA passes
the amounts appropriated to the
Sponsoring Agencies in preparedness
Cooperative Agreements funded 100
percent by the Federal Government to
cover planning, training, equipment or
other essentials to fulfill the US&R
mission, which do not impose
conditions on the Sponsoring Agencies
making them economically significant.
Nor would Cooperative Agreement
funding adversely affect in a material
way the economy, a sector of the
economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local or tribal
governments or communities.
This rule is a significant regulatory
action, but not an economically
significant regulatory action within the
definition of section 3(f) of Executive
Order 12866, and it adheres to the
principles of regulation of the Executive
Order. The Office of Management and
Budget has reviewed this rule under the
provisions of the Executive Order.
Regulatory Flexibility Act, 5 U.S.C. 601
Under the Regulatory Flexibility Act,
agencies must consider the impact of
their rulemakings on ‘‘small entities’’
(small businesses, small organizations
and local governments). The Act also
provides that, if a regulatory flexibility
analysis is not required, the agency
must certify in the rulemaking
document that the rulemaking will not
‘‘have a significant economic impact on
a substantial number of small entities.’’
This rule standardizes the financing,
administration and operation of the
National Urban Search and Rescue
Response System (System or US&R),
which FEMA established under the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act. The System
currently comprises 28 US&R Task
Forces in 19 States. A State agency or
local public safety agency (Sponsoring
Agency) typically sponsors a Task
Force,27 staffed primarily by local fire
department and emergency services
personnel, and include Joint
Management Teams (JMT) and other
overhead or technical teams. None of
the Sponsoring Agencies are in
communities with populations fewer
than 50,000. The governments of the
Sponsoring Agencies are urban or State
instrumentalities and none qualify as a
‘‘small governmental jurisdiction’’
within the meaning of 5 U.S.C. 601(5).
Some of the Participating Agencies
are small businesses, such as
engineering firms and HMOs. DHS
reimburses Sponsoring Agencies for the
eligible costs that the Sponsoring
Agencies incur in reimbursing their
Participating Agencies. DHS expects
Participating Agencies to receive full
reimbursement for the salaries and
expenses of their personnel who are
participating System Members, indirect
costs up to 7.5 percent, per diem, travel
and related costs when Task Forces
activated, and backfill expenses.
DHS has designed the US&R program
to be as cost neutral to Sponsoring
Agencies as Federal law authorizes.
When DHS activates a US&R Task Force
it reimburses the Sponsoring Agency for
its direct costs incurred, including
overtime and Backfill costs, and indirect
costs capped at 7.5 percent of direct
costs. Upon activation, System Members
become Temporary Excepted Federal
Volunteers entitled to the benefits of the
Federal Employees Compensation Act
(FECA) and the Federal Tort Claims Act
(FTCA). In some instances, State
workers’ compensation benefits exceed
those available under FECA, and the
difference between the State benefits
and the Federal benefits may have to be
borne by the Sponsoring Agency.
US&R Task Forces also must maintain
minimum training requirements that
DHS prescribes. Under current
interpretations by the Department of
Justice, the FTCA covers System
Members during Task Force activations,
but does not apply to training activities.
This lack of FTCA coverage during
training is a potential liability that a
Sponsoring Agency might incur, but
such a circumstance has not occurred in
15 years of experience. DHS is working
with the Department of Justice to
determine what measures DHS could
take to provide liability coverage for
System Members during US&R training
events.
DHS assumes that the professional
skills necessary for preparation of the
reports and records are within the
capabilities of the Sponsoring and
Participating Agencies. DHA further
assumes that Sponsoring and
Participating Agencies incur no extra,
unreimbursed costs for sound
administration and accountability that
Federal Cooperative Agreements require
of any recipient of such awards. We
have no basis for estimating the
expected cost or range of costs per
impacted Sponsoring or Participating
Agency.
DHS is not aware of any rules that
may duplicate, overlap or conflict with
this rule. In our discussion of E.O.
12866 above, we considered several
alternatives to this rule, including status
quo ante, cancellation of the program,
management by program directives, and
this interim rule. None of the
alternatives to this rule met DHS needs
to standardize the financing,
administration and operation of the
US&R System; none provided differing
compliance or reporting requirements,
or clarified, consolidated, or simplified
compliance and reporting, or exempted
any of the Sponsoring Agencies from
coverage of the rule.
For the reasons stated, we certify
under 5 U.S.C. 605(b) that this Interim
Rule will not have a significant
economic impact on a substantial
number of small entities and does not
apply to this interim rule.
Paperwork Reduction Act of 1995
DHS has determined that the
implementation of this rule is subject to
the Paperwork Reduction Act of 1995,
44 U.S.C. 3501–3520. As the Paperwork
Reduction Act of 1995 requires and,
concurrently with this rule, we have
submitted a request for Office of
Management and Budget (OMB) review
and approval of a new collection of
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Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations 9193 information, which is contained in this
rule. The collection of information
complies with provisions of the
Paperwork Reduction Act of 1995, 44
U.S.C. 3506(c)(2)(A). We invite the
general public to comment on the
collection of information.
Collection of Information
Title: Urban Search and Rescue
Program.
US&R grant application forms
approved by OMB under Control
Number 1660–0025, which expires July
31, 2007, are:
Form Numbers: SF 424, Application
for Federal Assistance; DHS Form 20–
10, Financial Status Report; DHS Form
20–16, Summary Sheet for Assurances
and Certifications; DHS Form 20–16A,
Assurances—Non-Construction
Programs; DHS Form 20–16C,
Certifications Regarding Lobbying;
Debarment, Suspension and Other
Responsibility Matters; and Drug-Free
Workplace Requirements; DHS Form
20–20, Budget Information—NonConstruction Programs; and SF LLL, Disclosure of Lobbying Activities.
Abstract: This information collection
is to implement the National Urban
Search and Rescue System (US&R), by
which DHS provides specialized
lifesaving assistance during major
disaster or emergency. US&R
operational activities include locating,
extricating and providing on-site
medical treatment to victims trapped in
collapsed structures, weapons of mass
destruction events, and when assigned,
incident command or coordination of
other operational activities. In order to
implement the US&R program DHS
must collect certain types of
information, including grant
applications, budget and budget
narrative, financial status reports,
assurances and certifications,
performance information, and requests
for advances or reimbursement on forms
approved by OMB under Control
Number 1660–0025.
Affected Public: State, local and
Indian tribal governments.
Estimated Total Annual Burden
Hours: 803 hours. A breakdown of the
burden follows:
DHS forms
No. of
responders
(A)
Frequency
of response
(B)
Hours per response and recordkeeping
(C)
Annual burden hours
(A × B × C)
The following forms were approved under 1660–0025:
SF–424 Application for Federal Assistance .............................. 28 1 1 hour ........................................ 28 hours.
DHS Form 20–10 Financial Status Report ................................ 28 1 1 hour ........................................ 28 hours.
DHS Forms 20–16, 20–16A, 20–16C, Summary Sheet for Assurances and Certifications.28 1 30 minutes ................................ 14 hours.
SF LLL, Disclosure of Lobbying Activities ................................. 28 1 10 minutes ................................ 5 hours.
DHS Form 20–20, Budget Information Non-Construction Programs and Budget Narrative.28 2 9 hours ...................................... 504 hours.
SF 270, Request for Advance or Reimbursement .................... 28 2 4 hours ...................................... 224 hours.
Subtotal ............................................................................... .................... 224 ................................................... 803 hours.
OMB Number: New.
Abstract: In order to implement the
US&R program, DHS must collect
certain types of information not
included in OMB Control Number
1660–0025, including memoranda of
agreement, program narrative
statements, grant awards, progress
reports, extension or change requests,
closeout information and audits.
Affected Public: State, local and
Indian tribal governments.
Estimated Total Annual Burden
Hours: 1181 hours. A breakdown of the
burden follows:
DHS forms
No. of
responders
(A)
Frequency
of response
(B)
Hours per
response and recordkeeping
(C)
Annual
burden hours
(A × B × C)
The following are new collections:
Narrative Statement ................................................................... 28 2 4 hours ...................................... 224 hours.
Progress Reports ....................................................................... 28 2 2 hours ...................................... 112 hours.
Extension or Change Requests ................................................. 5 1 1 hour ........................................ 5 hours.
Audits of States, Local Governments, and Non-Profit Organizations.28 1 30 hours .................................... 840 hours.
Memoranda of Agreement ......................................................... 28 1 (1) .............................................. 8 Subtotal ............................................................................... .................... 145 ................................................... 1181 hours.
Total hours .......................................................................... .................... 369 ................................................... 1984 hours. 1After we publish the final rule, we will prepare a standardized, streamlined memorandum of agreement in consultation with the National US&R Response System Advisory Committee and its Legal Issues Working Group. When completed, we will make a second Paperwork Reduction Act submission to OMB.
Estimated Times and Costs: The
approximate annual salary of State and
local staff who will complete the forms
is $35,000. The approximate hourly rate
of pay is $18.90 ($35,000 divided by
1850 hours). The total cost to grantees
is estimated to be $37,498.
The cost to DHS is largely personnel
salary costs to review and analyze the
information collected on these forms—
for all DHS grant programs, not just
US&R grants, which is a significant
portion of grants management annual
work. We estimate that for the US&R
program, DHS Headquarters would
expend approximately 672 hours on
analysis, or an average of 24 hours per
program. We estimate the cost to DHS
to be $14,112 (672 hours times $21 per
hour of staff work). Printing costs are
minimal because the forms are available
in electronic format.
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9194 Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations The total annual estimated time and
costs are 1984 hours and $37,498 cost to
applicants and $14,112 cost to DHS.
This calculation is based on the number
of burden hours for each type of
information collection/form, as
indicated above, and the estimated wage
rates for those individuals responsible
for collecting the information or
completing the forms. The new
collection is required for sound grants
management and compliance with OMB
Circulars and DHS regulations.
FOR FURTHER INFORMATION CONTACT:
Contact Michael Tamillow, Emergency
Preparedness and Response Directorate,
Department of Homeland Security, 500
C Street, SW., Washington, DC 20472,
telephone (202) 646–2549, facsimile
(202) 646–4684, or e-mail
[email protected] for additional
information. You may contact Muriel B.
Anderson for copies of the proposed
collection of information at (202) 646–
2625 or (facsimile) (202) 646–3347, or email [email protected].
Executive Order 13132 Federalism—
Federalism Summary Impact Statement
Executive Order 13132 requires DHS
to develop a process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ Such policies are defined
in the Executive Order to include rules
that have ‘‘substantial direct effects on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.’’
We have analyzed this interim rule in
accordance with the principles and
criteria in the Executive Order and has
determined that this interim rule would
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government. The rule imposes
no mandates on State or local
governments; participation in the
National US&R Response System is
strictly voluntary. Moreover, one of the
most significant objectives of this
program is to build State and local
US&R capability. The US&R program
recognizes the primary role of State and
local governments in responding to
disasters and emergencies. Equipment
and supplies purchased with Federal
funds may be used to respond to in-state
disasters and emergencies. The teams
may only be deployed across State lines
when released by their home State. The
assistance these teams provide, like
other assistance under the Stafford Act,
is only furnished when disaster or
emergency needs exceed the combined
State and local capabilities and the
Governor requests the assistance.
Therefore, we certify that this interim
rule does not have federalism
implications as defined in Executive
Order 13132.
While this interim rule does not have
federalism implications, this rule has
been developed through a collaborative
process with representatives of State
and local governments. As noted above,
the Legal Issues Working Group, a
subgroup of the National US&R
Response System Advisory Committee,
developed the original draft of these
regulations. The National US&R
Response System presented a draft to
DHS. The Legal Issues Working Group
and the National US&R Response
System Advisory Committee both
comprised Federal, State and Local
Government officials, as well as
representatives of labor organizations,
some of whose members serve on the
US&R Task Forces.
Congressional Review of Agency
Rulemaking
We have sent this final rule to the
Congress and to the General Accounting
Office under the Congressional Review
of Agency Rulemaking Act, Pub. L. 104–
121. The rule is not a ‘‘major rule’’
within the meaning of that Act. It
standardizes the financing,
administration and operation of the
National Urban Search and Rescue
Response System, a cooperative effort of
the Department of Homeland Security,
participating State emergency
management agencies and local public
safety agencies across the country.
The rule will not result in a major
increase in costs or prices for
consumers, individual industries,
Federal, State, or local government
agencies, or geographic regions. It will
not have ‘‘significant adverse effects’’ on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
enterprises to compete with foreignbased enterprises. This rule is subject to the information collection requirements
of the Paperwork Reduction Act and
OMB has assigned Control No. 1660–
0025. The rule is not an unfunded
Federal mandate within the meaning of
the Unfunded Mandates Reform Act of
1995, Pub. L. 104–4, and any
enforceable duties that we impose are a
condition of Federal assistance or a duty
arising from participation in a voluntary
Federal program.
List of Subjects in 44 CFR Part 208
Disaster assistance, Grant programs.
■ Accordingly, we add part 208 to title
44, chapter I of the Code of Federal
Regulations, as follows:
PART 208—NATIONAL URBAN
SEARCH AND RESCUE RESPONSE
SYSTEM
Subpart A—General
Sec.
208.1 Purpose and scope of this part.
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 Director of the
Response Division (Director).
208.6 System resource reports.
208.7 Enforcement.
208.8 Code of conduct.
208.9 Agreements between Sponsoring
Agencies and Participating Agencies.
208.10 Other regulations.
208.11 Federal status of System Members.
208.12 Maximum Pay Rate Table.
208.13–208.20 [Reserved]
Subpart B—Preparedness Cooperative
Agreements
208.21 Purpose.
208.22 Preparedness Cooperative
Agreement process.
208.23 Allowable costs under Preparedness
Cooperative Agreements.
208.24 Purchase and maintenance of items
not listed on Equipment Cache List.
208.25 Obsolete equipment.
208.26 Accountability for use of funds.
208.27 Title to equipment.
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
Agencies 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.
208.45 Advance of funds.
208.46 Title to equipment.
208.47–208.50 [Reserved]
Subpart D—Reimbursement Claims and
Appeals
208.51 General.
208.52 Reimbursement procedures.
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Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations 9195 208.53–208.59 [Reserved]
208.60 Determination of claims.
208.61 Payment of claims.
208.62 Appeals.
208.63 Request by DHS 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]
Authority: Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42
U.S.C. 5121 through 5206; Reorganization
Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978
Comp., p. 329; Homeland Security Act of
2002, 6 U.S.C. 101; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp., p. 376; E.O. 12148, 44
FR 43239, 3 CFR, 1979 Comp., p. 412; E.O.
13286, 68 FR 10619, 3 CFR, 2003 Comp., p.
166.
Subpart A—General
§ 208.1 Purpose and scope of this part.
(a) Purpose. The purpose of this part
is to prescribe policies and procedures
pertaining to the Department of
Homeland Security’s (DHS) National
Urban Search and Rescue Response
System.
(b) Scope. This part applies to
Sponsoring Agencies and other
participants in the National Urban
Search and Rescue Response System
that have executed agreements governed
by this part. Part 206 of this chapter
does not apply to activities undertaken
under this part, except as provided in
§§ 208.5 and 208.10 of 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 DHS in
response to, or in anticipation of, a
presidential declaration of a major
disaster or emergency under the Stafford
Act.
Activation Order means the DHS
communication placing a System
resource under the direction, control,
and funding of DHS.
Advisory means a DHS
communication to System resources
indicating that an event has occurred or
DHS anticipates will occur that may
require Alert or Activation of System
resources.
Alert means the status of a System
resource’s readiness when triggered by
an Alert Order indicating that DHS may
Activate the System resource.
Alert Order means the DHS
communication that places a System
resource on Alert status.
Assistance Officer means the DHS
employee who has legal authority to
bind DHS by awarding and amending
Cooperative Agreements.
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 that has executed a
Cooperative Agreement to provide
Technical Specialists.
Cooperative Agreement means a legal
instrument between DHS and a
Sponsoring Agency or Cooperating
Agency that provides funds to
accomplish a public purpose and
anticipates substantial Federal
involvement during the performance of
the contemplated activity.
Daily Cost Estimate means a
Sponsoring Agency’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.
Deputy Director means the Deputy
Director of the Response Division,
Emergency Preparedness and Response
Directorate, Department of Homeland
Security, or other person that the
Director designates.
DHS means the Department of
Homeland Security.
Director means the Director of the
Response Division, Emergency
Preparedness and Response Directorate,
DHS.
Disaster Search Canine Team means a
disaster search canine and handler who
have successfully completed the written
examination and demonstrated the
performance skills required by the
Disaster Search Canine Readiness
Evaluation Process. A disaster search
canine is a dog that has successfully
completed the DHS Disaster Search
Canine Readiness Evaluation criteria for
Type II or both Type II and Type I.
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 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
DHS-issued list that defines:
(1) The equipment and supplies that
US&R will furnish to Sponsoring
Agencies; and
(2) The maximum quantities and
types of equipment and supplies that a
Sponsoring Agency may purchase and
maintain with DHS 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 various
Federal departments and agencies 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.
Joint Management Team or JMT
means a multi-disciplinary group of
National Disaster Medical System
(NDMS), Urban Search and Rescue
(US&R), and other specialists combined
to provide operations, planning,
logistics, finance and administrative
support for US&R and NDMS resources,
and to provide technical advice and
assistance to States and Local
Governments.
Local Government means any county,
city, village, town, district, or other
political subdivision of any State; any
federally recognized Indian tribe or
authorized tribal organization; and any
Alaska Native village or organization.
Major 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 Agreement (MOA)
means the document signed by DHS, a
Sponsoring Agency and its State that
describes the relationship of the parties
with respect to the National Urban
Search & Rescue Response System.
Participating Agency means a State or
Local Government, non-profit
organization, or private organization
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9196 Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations that has executed an agreement with a
Sponsoring Agency to participate in the
National US&R Response System.
Personnel Rehabilitation Period
means the period allowed by DHS for a
person’s rehabilitation to normal
conditions of living following an
Activation.
Preparedness Cooperative Agreement
means the agreement between DHS and
a Sponsoring Agency for reimbursement
of allowable expenditures incurred by
the Sponsoring Agency to develop and
maintain System capabilities and
operational readiness.
Program Directive means guidance
and direction for action to ensure
consistency and standardization across
the National US&R Response System.
Program Manager means the
individual, or his or her designee,
within DHS who is responsible for dayto-day administration of the National US&R Response System.
Program Office means the
organizational entity within DHS that is
responsible for day-to-day
administration of the National US&R
Response System.
Response Cooperative Agreement
means an agreement between DHS and
a Sponsoring Agency for reimbursement
of allowable expenditures incurred by
the Sponsoring Agency as a result of an
Alert or Activation.
Sponsoring Agency means a State or
Local Government that has executed an
MOA with DHS 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 through
5206.
State means any State of the 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.
Support Specialist means a person
participating in the System who assists
the Task Force with administrative or
other support during mobilization,
ground transportation and
demobilization as directed.
System or National US&R Response
System means the national US&R
response capability administered by
DHS.
System Member means any Task
Force Member, JMT Member, Technical
Specialist, Support Specialist or
Disaster Search Canine Team.
Task Force means an integrated US&R
organization of multi-disciplinary
resources with common
communications and a leader, organized
and administered by a Sponsoring
Agency and meeting DHS 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 a
JMT or a Task Force.
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.
(b) Additional definitions. Definitions
for certain terms that apply only to
individual subparts of this part are
located in those subparts.
§ 208.3 Authority for the National US&R
Response System.
(a) Enabling legislation. The Federal
Emergency Management Agency
established and operated the System
under the authority of §§ 303, 306(a),
306(b), 403(a)(3)(B) and 621(c) of the
Stafford Act, 42 U.S.C. 5144, 5149(a),
5149(b), 5170b(a)(3)(B) and 5197(c),
respectively. Section 503 of the
Homeland Security Act of 2002, 6
U.S.C. 313, transferred the functions of
the Director of FEMA to the Secretary of
Homeland Security. The President
redelegated to the Secretary of
Homeland Security in Executive Order
13286 those authorities of the President
under the Stafford Act that had been
delegated previously to the Director of
FEMA under Executive Order 12148.
(b) Implementing plan. The National
Response Plan identifies DHS as the
primary Federal agency with
responsibility for Emergency Support
Function 9, Urban Search and Rescue.
§ 208.4 Purpose for System.
It is DHS 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 Director of the
Response Division (Director).
(a) Participation in activities of the
System. The 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 for
Activation.
(b) Standards for and measurement of
System efficiency and effectiveness. In
addition to the authority provided in
§ 206.13 of this chapter, the Director
may establish performance standards
and assess the efficiency and
effectiveness of System resources.
§ 208.6 System resource reports.
(a) Reports to Director. The Director
may request reports from any System
resource relating to its activities as part
of the System.
(b) Reports to FEMA Regional
Directors. Any FEMA Regional Director
may request through the Director reports
from any System resource used within
or based within the Regional Director’s
jurisdiction.
(c) Audits, investigations, studies and
evaluations. DHS and the General
Accounting Office may conduct audits,
investigations, studies, and evaluations
as necessary. Sponsoring Agencies,
Participating Agencies and System
Members are expected to cooperate fully
in such audits, investigations, studies
and evaluations.
§ 208.7 Enforcement.
(a) Remedies for noncompliance. In
accordance with the provisions of 44
CFR 13.43, if a Sponsoring Agency,
Participating Agency, Affiliated
Personnel or other System Member
materially fails to comply with a term of
a Cooperative Agreement, Memorandum
of Agreement, System directive or other
Program Directive, the Director may take
one or more of the actions provided in
44 CFR 13.43(a)(1) through (5). Any
such enforcement action taken by the
Director will be subject to the hearings,
appeals, and effects of suspension and
termination provisions of 44 CFR
13.43(b) and (c).
(b) The enforcement remedies
identified in this section, including
suspension and termination, do not
preclude a Sponsoring Agency,
Participating Agency, Affiliated
Personnel or other System Member from
being subject to ‘‘Debarment and
Suspension’’ under E.O. 12549, as
amended, in accordance with 44 CFR
13.43(d).
(c) Other authority for sanctions.
Nothing in this section limits or
precludes the application of other
authority to impose civil or criminal
sanctions, including 42 U.S.C. 5156.
§ 208.8 Code of conduct.
The Director will develop and
implement a code of conduct for System
Members acting under DHS’s direction
and control. Nothing in this section or
the DHS code of conduct will limit the
authority of a Sponsoring Agency,
Participating Agency or Cooperating
Agency to apply its own code of
conduct to its System Members or
employees. If the DHS code is more
restrictive, it controls.
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Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations 9197 1 In some years the latest year may not be the
current calendar year. For instance, OPM did not
change its pay rates for calendar year 2004, and the
2003 schedules apply.
§ 208.9 Agreements between Sponsoring
Agencies and Participating Agencies.
Every agreement between a
Sponsoring Agency and a Participating
Agency regarding the System must
include a provision making this part
applicable to the Participating Agency
and its employees who engage in
System activities.
§ 208.10 Other regulations.
The following provisions of title 44
CFR, Chapter I also apply to the
program in this part:
(a) Section 206.9, which deals with
the non-liability of DHS 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 DHS.
§ 208.11 Federal status of System
Members.
The Director will appoint all
Activated System Members as
temporary excepted Federal volunteers.
The Director may appoint a System
Member who participates in Alert
activities as such a Federal volunteer.
The Director may also appoint each
System Member who participates in
DHS-sanctioned preparedness activities
as a temporary excepted Federal
volunteer. DHS intends these
appointments to secure protection for
such volunteers under the Federal
Employees Compensation Act and the
Federal Tort Claims Act and do not
intend to interfere with any preexisting
employment relationship between a
System Member and a Sponsoring
Agency, Cooperating Agency or
Participating Agency. System Members
whom DHS appoints as temporary
excepted Federal volunteers will not
receive any compensation or employee
benefit directly from the United States
of America for their service, but will be
compensated through their Sponsoring
Agency.
§ 208.12 Maximum Pay Rate Table.
(a) Purpose. This section establishes
the process for creating and updating
the Maximum Pay Rate Table (Table),
and the Table’s use to reimburse
Affiliated Personnel (Task Force
Physicians, Task Force Engineers, and
Canine Handlers) and Backfill for
Activated System Members employed
by or otherwise associated with a forprofit Participating Agency. Section 208.32 defines the ‘‘Maximum Pay Rate
Table’’ as ‘‘the DHS-issued table that
identifies the maximum pay rates for
selected System positions that may be
used for reimbursement of Affiliated
Personnel compensation and Backfill for
Activated System Members employed
by or otherwise associated with a forprofit Participating Agency.’’ In that same section, the term ‘‘Affiliated
Personnel’’ is defined as ‘‘individuals
not normally employed by a Sponsoring
Agency or Participating Agency and
individuals normally affiliated with a
Sponsoring Agency or Participating
Agency as volunteers.’’
(b) Scope of this section. (1) The
Maximum Pay Rate Table applies to
those individuals who are not normally
employed by a Sponsoring Agency or
Participating Agency, or whose
affiliation with a Sponsoring Agency or
Participating Agency is as a volunteer;
that is, an individual whom the
Sponsoring Agency or Participating
Agency does not normally compensate
in any way, at any rate.
(2) The Table also applies to Backfill
for Activated System Members
employed by or otherwise associated
with a for-profit Participating Agency.
(c) Method for determining maximum
pay rates. (1) DHS uses the United
States Office of Personnel Management’s
salary rates, computed under 5 U.S.C.
5504, as the basis for the maximum pay
rate schedule. DHS considers System
members’ experience and sets maximum
pay rates at the maximum grade, middle
step for each position, which
demonstrates an experience level of five
years.
(2) The Office of Personnel
Management (OPM) publishes salary
and locality pay schedules each
calendar year.
(i) Physicians. DHS uses the latest
Special Salary Rate Table Number 0290
for Medical Officers (Clinical)
Worldwide for physicians. The rates
used in the initial Table can be found
at http://www.opm.gov/oca/03 tables/
SSR/HTML/0290.asp.
(ii) Engineers and Canine Handlers.
DHS uses the latest General Schedule
pay scale for both positions. Both
specialties are compared to the General
Schedule pay scale to ensure parity with
like specialties on a task force (canine
handlers are equated with rescue
specialists). The rates used in the initial
Table can be found at http://
www.opm.gov/oca/03tables/html/
gs.asp.
(iii) Locality Pay. To determine
adjustments for locality pay DHS uses
the latest locality pay areas (including
the ‘‘Rest of U.S.’’ area) established by
OPM. The rates used in the initial Table
can be found at http://www.opm.gov/
oca/03tables/locdef.asp.
(3) Review and update. DHS will
review and update the Table
periodically, at least annually. The
comments of Sponsoring and
Participating Agencies and their
experience with the Table will be
considered and evaluated in the course
of the reviews.
(4) Initial rates and subsequent
revisions. DHS will publish the initial
maximum pay rate table in the Federal
Register as a notice with request for
comments. Subsequent revisions will be
made to the pay rate table as OPM
changes salary rates as described in this
section. When subsequent revisions are
made to the maximum pay rate table
DHS will publish the new maximum
pay rate table in the Federal Register.
The rates will be effective for the latest
year indicated by OPM.1
(d) Application of the maximum pay
rate table—(1) Applicability. The
Maximum Pay Rate Table sets forth
maximum rates for which DHS will
reimburse the Sponsoring Agency for
compensation paid to Activated
Affiliated Personnel and as Backfill for
Activated System Members employed
by or otherwise associated with a forprofit Participating Agency. (2) Higher rates. The Sponsoring
Agency may choose to pay Affiliated
Personnel at a higher rate, but DHS will
not reimburse the increment above the
maximum rate specified in the
Maximum Pay Rate Table. Likewise, the
Sponsoring Agency may choose to enter
into a Participating Agency agreement
with the individual’s employer, rather
than use the individual as an Affiliated
Personnel, in which case the Maximum
Pay Rate Table would not apply.
(3) Compensation for Sponsoring
Agency employees serving as Affiliated
Personnel. An employee of a Sponsoring
Agency serving on a Task Force in a
capacity other than his or her normal
job, e.g., a fire department dispatcher
affiliated with the Task Force as a
canine search specialist, as an Affiliated
Personnel, would not necessarily be
subject to the Maximum Pay Rate Table
for reimbursement for salary and
benefits for that individual. However,
Sponsoring Agencies may use the rates
in the Maximum Pay Rate Table as a
guide for establishing compensation
levels for such individuals.
(4) Backfill expenses for Affiliated
Personnel under § 208.39(g). (i) The
only way that DHS can reimburse for
Backfill costs incurred for Affiliated
Personnel is through Participating
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9198 Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations Agencies. If reimbursement for Backfill
expenses is needed for Affiliated
Personnel, DHS encourages them to urge
their employers or professional
association to seek Participating Agency
status.
(ii) Private, for-profit organizations.
Participating Agency status is available
to private, for-profit organizations, e.g.,
HMOs or medical or engineering
professional associations, under the
revised definition of ‘‘Participating
Agency’’ set forth in this Interim rule.
(See Definitions, § 208.2, Participating
Agency, and § 208.32, Maximum Pay
Rate Table). When a for-profit
Participating Agency must backfill an
Activated System Member’s position we
will compensate that Participating
Agency up to the maximum rate
provided in the Table.
(iii) Compensation costs. DHS will
reimburse for-profit organizations, for
purposes of reimbursement and Backfill,
for the System Member’s actual
compensation or the actual
compensation of the individual who
Backfills a position (which includes
salary and benefits, as described in
§§ 208.39 and 208.40), but will not
reimburse for billable or other rates that
might be charged for services rendered
to commercial clients or patients.
§§ 208.13—208.20 [Reserved]
Subpart B—Preparedness Cooperative
Agreements
§ 208.21 Purpose.
Subpart B of this part provides
guidance on the administration of
Preparedness Cooperative Agreements.
§ 208.22 Preparedness Cooperative
Agreement process.
(a) Application. To obtain DHS
funding for an award or amendment of
a Preparedness Cooperative Agreement,
the Sponsoring Agency must submit an
application. Standard form SF–424
‘‘Application for Federal Assistance’’
generally will be used. However, the
application must be in a form that the
Assistance Officer specifies.
(b) Award. DHS will award a
Preparedness Cooperative Agreement to
each Sponsoring Agency to provide
Federal funding to develop and
maintain System resource capabilities
and operational readiness. For the
purposes of the Preparedness
Cooperative Agreement, the Sponsoring
Agency will be considered the
‘‘recipient.’’
(c) Amendment—(1) Procedure.
Absent special circumstances, DHS will
fund and amend Preparedness
Cooperative Agreements on an annual
basis. Before amendment, the Assistance
Officer will issue a call for Cooperative
Agreement amendment applications.
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 Assistance
Officer may allow for an alternate
period of performance with the approval
of the Director.
(3) Assistance Officer. The Assistance
Officer is the only individual authorized
to award or modify a Preparedness
Cooperative Agreement.
(d) Award amounts. The Director will
determine award amounts on an annual
basis. A Task Force is eligible for an
annual award only if the Program
Manager receives and approves the Task
Force’s current-year Daily Cost Estimate.
(e) DHS priorities. The Director will
establish overall priorities for the use of
Preparedness Cooperative Agreement
funds taking into consideration the
results of readiness evaluations and
actual Activations, overall priorities of
DHS, and other factors, as appropriate.
(f) Cost sharing. The 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 Agencies about
any cost sharing obligations.
(g) Sponsoring Agency priorities. The
Sponsoring Agency should indicate its
spending priorities in the application.
The Program Manager will review these
priorities and will make
recommendations to the Assistance
Officer for negotiating the final
agreement.
(h) Responsibility to maintain
integrity of the equipment cache. The
Sponsoring Agency is responsible to
maintain the integrity of the equipment
cache, including but not limited to,
maintenance of the cache, replacement
of equipment or supplies expended in
training, activations, or local use of the
cache, and timely availability of the
cache for Task Force Activations.
§ 208.23 Allowable costs under
Preparedness Cooperative Agreements.
System Members may spend Federal
funds that DHS provides under any
Preparedness Cooperative Agreement
and any required matching funds under
44 CFR 13.22 and this section to pay
reasonable, allowable, necessary and
allocable costs that directly support
System activities, including the
following:
(a) Administration, including:
(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) Tests and examinations, including
vaccinations, immunizations and other
tests that are not normally required or
provided in the course of a System
Member’s employment, and that DHS
requires to meet its standards.
(b) Training:
(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
certifications other than the
certifications that DHS requires System
Members to possess at the time of entry
into the System. For instance, DHS will
not pay for a medical school degree,
paramedic certification or
recertification, civil engineering license,
etc.
(c) Equipment:
(1) Procurement of equipment and
supplies specifically identified on the
then-current DHS-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 DHS approval
through the Federal Excess Property
program, except as provided in § 208.25
of this part;
(4) 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, actually incurred but not
otherwise specified in this section that
directly support the Sponsoring
Agency’s US&R capability, provided
that such costs do not exceed 7.5
percent of the award/amendment
amount.
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Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations 9199 § 208.24 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, or that exceed the number
specified in the Equipment Cache List,
must be made in writing to the Program
Manager. No Federal funds provided
under any Preparedness Cooperative
Agreement may be expended to
purchase or maintain any equipment or
supply item unless:
(1) The equipment and supplies
directly support the Sponsoring
Agency’s US&R capability;
(2) The Program Manager approves
the expenditure and gives written notice
of his or her approval to the Sponsoring
Agency before the Sponsoring Agency
purchases the equipment or supply
item.
(b) Maintenance of items approved for
purchase under this section is eligible
for reimbursement, except as provided
in § 208.26 of this subpart.
§ 208.25 Obsolete equipment.
(a) The Director will periodically
identify obsolete items on the
Equipment Cache List and provide such
information to Sponsoring Agencies.
(b) Neither funds that DHS provides
nor matching funds required under a
Preparedness Cooperative Agreement
may be used to maintain or repair items
that DHS has identified as obsolete.
§ 208.26 Accountability for use of funds.
The Sponsoring Agency is
accountable for the use of funds as
provided under the Preparedness
Cooperative Agreement, including
financial reporting and retention and
access requirements according to 44
CFR 13.41 and 13.42.
§ 208.27 Title to equipment.
Title to equipment purchased by a
Sponsoring Agency with funds provided
under a DHS Preparedness Cooperative
Agreement vests in the Sponsoring
Agency, provided that DHS reserves the
right to transfer title to the Federal
Government or a third party that DHS
may name, under 44 CFR 13.32(g), for
example, when a Sponsoring Agency
indicates or demonstrates that it cannot
fulfill its obligations under the
Memorandum of Agreement.
§§ 208.28–208.30 [Reserved]
Subpart C—Response Cooperative
Agreements
§ 208.31 Purpose.
Subpart C of this part 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 a
Sponsoring Agency or Participating
Agency and individuals normally
affiliated with a Sponsoring Agency or
Participating Agency as volunteers.
Demobilization Order means a DHS
communication that terminates an Alert
or Activation and identifies cost and
time allowances for rehabilitation.
Exempt means any System Member
who is exempt from the requirements of
the Fair Labor Standards Act, 29 U.S.C.
201 et seq., pertaining to overtime
compensation and other labor
standards.
Maximum Pay Rate Table means the
DHS-issued table that identifies the
maximum pay rates for selected System
positions that may be used for
reimbursement of Affiliated Personnel
compensation and Backfill for Activated
System Members employed by or
otherwise associated with a for-profit
Participating Agency. The Maximum
Pay Rate Table does not apply to a
System member whom a Sponsoring
Agency or Participating Agency
employs.
Mobilization means the process of
assembling equipment and personnel in
response to an Alert or Activation.
Non-Exempt means any System
Member who is covered by 29 U.S.C.
201 et seq.
Rehabilitation means the process of
returning personnel and equipment to a
pre-incident state of readiness after DHS
terminates an Activation.
§ 208.33 Allowable costs.
(a) Cost neutrality. DHS policy is that
an Alert or Activation should be as cost
neutral as possible to Sponsoring
Agencies and Participating Agencies. To
make an Alert or Activation costneutral, DHS will reimburse under this subpart all reasonable, allowable,
necessary and allocable costs that a
Sponsoring Agency or Participating
Agency incurs during the Alert or
Activation.
(b) Actual costs. Notwithstanding any
other provision of this chapter, DHS
will not reimburse a Sponsoring Agency
or Participating Agency for any costs
greater than those that the Sponsoring
Agency or Participating Agency actually
incurs during an Alert, Activation.
(c) Normal or predetermined
practices. Consistent with Office of
Management and Budget (OMB)
Circulars A–21, A–87, A–102 and A–
110 (2 CFR part 215), as applicable,
Sponsoring Agencies and Participating
Agencies must adhere to their own
normal and predetermined practices
and policies of general application
when requesting reimbursement from
DHS except as it sets out in this subpart.
(d) Indirect costs. Indirect costs
beyond the administrative and
management costs allowance
established by § 208.41 of this part are
not allowable.
§ 208.34 Agreements between Sponsoring
Agencies and others.
Sponsoring Agencies are responsible
for executing such agreements with
Participating Agencies and Affiliated
Personnel as may be necessary to
implement the Sponsoring Agency’s
Response Cooperative Agreement with
DHS. Those agreements must identify
established hourly or daily rates of pay
for 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.
DHS will not reimburse costs incurred
during an Advisory.
§ 208.36 Reimbursement for Alert.
(a) Allowable costs. DHS 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 to prepare for
Activation.
(2) Transportation costs relating to
hiring, leasing, or renting vehicles and
drivers.
(3) The administrative allowance
provided in § 208.41 of this part.
(4) Food and beverages for Task Force
Members and Support Specialists when
DHS does not provide meals during the
Alert. DHS will limit food and beverage
reimbursement to the amount of the
then-current Federal meals 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 them.
(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. DHS will not
reimburse costs incurred or relating to
the leasing, hiring or chartering of
aircraft or the purchase of any
equipment, aircraft, or vehicles.
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9200 Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations § 208.37 Reimbursement for equipment
and supply costs incurred during
Activation.
(a) Allowable costs. DHS will
reimburse costs incurred for the
emergency procurement of equipment
and supplies in the number, type, and
up to the cost specified in the current
approved Equipment Cache List, and up
to the aggregate dollar limit specified in
the Activation Order. The Director may
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. DHS will not
reimburse costs incurred for items that
are not listed on the Equipment Cache
List; for items purchased greater than
the cost or quantity identified in the
Equipment Cache List; or for any
purchase of non-expendable items that
duplicate a previous purchase under a
Preparedness or Response Cooperative
Agreement.
§ 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, DHS will
not reimburse costs incurred for resupply and logistical support during Activation. Re-supply and logistical
support of Task Forces needed during
Activation are the responsibility of the
Joint Management Team.
§ 208.39 Reimbursement for personnel
costs incurred during Activation.
(a) Compensation. DHS will
reimburse the Sponsoring Agency for
costs incurred for the compensation of
each Activated System Member during
Activation. Reimbursement of
compensation 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. The provisions of § 208.40 of
this part govern costs incurred for
providing fringe benefits to System
Members.
(b) Public Safety Exemption not
applicable. DHS will reimburse
Sponsoring Agencies 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, DHS will reimburse Sponsoring
Agencies on an overtime basis for any
hours worked by Non-Exempt System
Members greater than 40 hours during a
regular workweek.
(c) Tour of duty. The tour of duty for
all Activated System Members will be
24 hours. DHS will reimburse the
Sponsoring Agency 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 ‘‘onduty’’ 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 is the amount
determined in accordance with
§ 208.39(e)(1) through (3) of this
subpart.
(e) Procedures for calculating
compensation during Activation. A
Sponsoring Agency 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;
(2) Convert the annual salary of any
salaried Non-Exempt System Member to
its hourly equivalent for a 40-hour
workweek;
(3) Calculate the daily compensation
of Exempt System Members based on
their current annual salary, exclusive of
fringe benefits;
(4) Calculate the total number of
hours worked by each System Member
to be included in the Sponsoring
Agency’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 Agency or Participating
Agency * * *
And the Sponsoring Agency or Participating
Agency * * *
Then the following compensation costs are
allowable:
(i) Customarily and usually compensates Exempt System Members by paying a salary, but not overtime,
Does not customarily and usually grant compensatory time or other form of overtime substitute to Exempt System members.
The daily compensation equivalent calculated
under § 208.39(e)(3) of this part for each
Activated Exempt System Member for each
full or partial day during Activation.
(ii) Customarily and usually compensates Exempt System Members by paying a salary but not overtime
Customarily and usually awards compensatory time or other overtime substitute for Exempt System Members for hours worked
above a predetermined hours threshold (for
example, the Sponsoring Agency customarily and usually grants compensatory time for all hours worked above 60 in a given
week).
The daily compensation equivalent calculated
under § 208.39(e)(3) of this part for each
Activated Exempt System Member for each
full or partial day during Activation AND the
dollar value at the time of accrual of the
compensatory time or other overtime substitute for each Activated Exempt System Member based on the duration of the Activation.
(iii) Customarily and usually compensates Exempt System Members by paying a salary and overtime,
Customarily and usually calculates overtime
for Exempt System Members by paying a
predetermined overtime payment for each
hour worked above a predetermined hours
threshold,.
The daily compensation equivalent calculated
under § 208.39(e)(3) of this part for each
Activated Exempt System Member for each
full or partial day during Activation AND the
predetermined overtime payment for each
hour during the Activation above the previously determined hours threshold for each Activated Exempt System Member.
(iv) Customarily and usually compensates NonExempt System Members by paying overtime after 40 hours per week,
Does not customarily and usually grant compensatory time or other form of overtime substitute to Non-Exempt System members,.
For each seven-day period during the Activation, the hourly wage of each Activated Non-Exempt System Member for the first
40 hours AND the overtime payment for
each Activated Non-Exempt System Member for every hour over 40.
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Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations 9201 If the Sponsoring Agency or Participating
Agency * * *
And the Sponsoring Agency or Participating
Agency * * *
Then the following compensation costs are
allowable:
(v) Customarily and usually compensates NonExempt System Members according to a compensation plan established under 29
U.S.C. 207(k),
Does not customarily and usually grant compensatory time or other form of overtime substitute to Non-Exempt System Members,.
For each seven-day period during the Activation, the hourly wage equivalent of each Activated Non-Exempt System Member calculated under § 208.39(e)(1) of this part for the first 40 hours AND the overtime payment equivalent for each Activated Non-Exempt System Member calculated under § 208.39(e)(1) of this part for every hour
over 40.
(vi) Activates Personnel, who are customarily
and usually paid an hourly wage according to
the Maximum Pay Rate Table,
.......................................................................... For each seven-day period during the Affiliated Activation, the hourly wage for each Activated Affiliated Personnel for the first 40
hours and one and one-half times the hourly wage for each Activated Affiliated Personnel for every hour over 40. (vii) Activates Affiliated Personnel who are customarily and usually paid a daily compensation rate according to the Maximum Pay Rate Table,
.......................................................................... The daily compensation rate for each Activated Affiliated Personnel for each full or partial day during the Activation.
(f) Reimbursement of additional
salary and overtime costs. DHS will
reimburse any identified additional
salary and overtime cost incurred by a
Sponsoring Agency as a result of the
temporary conversion of a Non-Exempt
System Member normally compensated
under 29 U.S.C. 207(k) to a 40-hour
work week under 29 U.S.C. 207(a).
(g) Reimbursement for Backfill costs
upon Activation. DHS 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 nonovertime compensation, including fringe benefits, of Activated System
Members from the total costs (nonovertime and overtime compensation, including fringe benefits) paid to
Backfill the Activated System Members.
Backfill reimbursement is available only
for those positions that are normally
Backfilled by the Sponsoring Agency or
Participating Agency during Activation.
Employees exempt under the Fair Labor
Standards Act (FLSA) not normally
Backfilled by the Sponsoring Agency 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, DHS will reimburse the
Sponsoring Agency for fringe benefit
costs incurred during Activation
according to the following table:
If the Sponsoring Agency or Participating
Agency * * *
Then the Sponsoring Agency or Participating
Agency must * * * Example
(1) Incurs a fringe benefit cost based on the
number of base hours worked by a System
Member,
Bill DHS for a pro-rata share of the premium
based on the number of base hours worked
during Activation.
The City Fire Department incurs a premium of
3 percent for dental coverage based on the
number of base hours worked in a week
(53 hours). The City should bill DHS an additional 3 percent of the firefighter’s converted compensation for the first 40 hours Activation.
(2) Incurs a fringe benefit cost based on the
number of hours a System Member actually
worked (base hours and overtime),
Bill DHS for a pro-rata share of the premium
based on the number of hours each System
Member worked during Activation.
The City Fire Department pays a premium of
12 percent for retirement based on the
number of hours worked by a firefighter.
The City should bill DHS an additional 12
percent of the firefighter’s total compensation during Activation. (3) Incurs a fringe benefit cost on a yearly basis
based on the number of people employed
full-time during the year,
Bill DHS for a pro-rata share of those fringe
benefit costs based on the number of nonovertime hours worked during Activation by System Members employed full time.
The City Fire Department pays workers compensation premiums into the City risk fund for the following year, based on the number
of full-time firefighters employed during the
current year. The City should bill DHS 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.
(b) Differential pay. DHS will
reimburse the Sponsoring Agency 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, or other paid
fringe benefits, provided such
differentials are not otherwise
reimbursed under paragraph (a) of this
section. A detailed explanation of the
differential payment for which the
Sponsoring Agency seeks
reimbursement must accompany any
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9202 Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations request for reimbursement under this
section together with identification of
every fringe benefit sought under
§208.40(a) of this part and the method
used to calculate each such payment
and the reimbursement sought from
DHS.
(c) DHS will not reimburse the
Sponsoring Agency 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
paragraph (b) of this section:
(1) Collecting expenditure
information from Sponsoring Agencies
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 will
be equal to the following:
(1) If total allowable costs are less
than $100,000, 3 percent of total
allowable costs included in the
reimbursement 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.
§ 208.42 Reimbursement for other
administrative costs.
Costs incurred for conducting afteraction meetings and preparing afteraction reports must be billed as direct costs in accordance with DHS
administrative policy.
§ 208.43 Rehabilitation.
DHS 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. DHS
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 DHS
direction to another entity, during
Activation. For each such item, the
Sponsoring Agency must document, in
writing, the circumstances of the loss,
damage, destruction, or donation.
(2) Consumable items. DHS 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. DHS
will reimburse costs incurred for the
compensation, including benefits,
payable for actual time worked by each
person engaged in rehabilitating the
equipment cache following Activation,
in accordance with the standard pay
policy of the Sponsoring Agency or
Participating Agency and without regard
to the provisions of § 208.39(e)(1) of this
part, up to the number of hours
specified in the Demobilization Order.
Fringe benefits are reimbursed under
the provisions of § 208.40 of this part.
(b) Costs for personnel rehabilitation.
DHS 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 Agency or
Participating Agency and without regard
to the provisions of § 208.39(e)(1) of this
part.
(c) Other allowable costs—(1) Local
transportation. DHS 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. DHS
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 DHS
orders a Sponsoring Agency to move its
Task Force Members and equipment
cache by ground transportation, DHS
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 associated
transportation expenses. The Director
has authority to issue schedules of
maximum hourly or per mile
reimbursement rates for fleet and
contract vehicles.
(3) Food and beverages. DHS will
reimburse expenditures for food and
beverages for Activated Task Force
Members and Support Specialists when
the Federal government does not
provide meals 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, DHS will not
reimburse other costs incurred
preceding, during or upon the
conclusion of an Activation unless,
before making the expenditure, the
Sponsoring Agency has requested, in
writing, permission for a specific
expenditure and has received written
permission from the Program Manager
or his or her designee to make such
expenditure.
(b) At the discretion of the Program
Manager or his or her designee, 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
Program Manager was not feasible; and
(3) Advance verbal approval by the
Program Manager had been requested
and was given.
§ 208.45 Advance of funds.
At the time of Activation of a Task
Force, the Task Force will develop the
documentation necessary to request an
advance of funds be paid to such Task
Force’s Sponsoring Agency. Upon
approval, DHS will submit the
documentation to the Assistance Officer
and will request an advance of funds up
to 75 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.
§ 208.46 Title to equipment.
Title to equipment purchased by a
Sponsoring Agency with funds provided
under a DHS Response Cooperative
Agreement vests in the Sponsoring
Agency, provided that DHS reserves the
right to transfer title to the Federal
Government or a third party that DHS
may name, under 44 CFR 13.32(g), when
a Sponsoring Agency indicates or
demonstrates that it cannot fulfill its
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Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations 9203 obligations under the Memorandum of
Agreement.
§§ 208.47–208.50 [Reserved]
Subpart D—Reimbursement Claims
and Appeals
§ 208.51 General.
(a) Purpose. This subpart identifies
the procedures that Sponsoring
Agencies must use to request
reimbursement from DHS for costs
incurred under Response Cooperative
Agreements.
(b) Policy. It is DHS policy to
reimburse Sponsoring Agencies as
expeditiously as possible consistent
with Federal laws and regulations.
§ 208.52 Reimbursement procedures.
(a) General. A Sponsoring Agency
must present a claim for reimbursement
to DHS in such manner as the Director
specifies .
(b) Time for submission. (1) Claims for
reimbursement must be submitted
within 90 days after the end of the
Personnel Rehabilitation Period
specified in the Demobilization Order.
(2) The Director may extend and
specify the time limitation in paragraph
(b)(1) of this section when the
Sponsoring Agency justifies and
requests the extension in writing.
§§ 208.53–208.59 [Reserved]
§ 208.60 Determination of claims.
When DHS receives a reviewable
claim for reimbursement, DHS will
review the claim to determine whether
and to what extent reimbursement is
allowable. Except as provided in
§ 208.63 of this part, DHS will complete
its review and give written notice to the
Sponsoring Agency of its determination
within 90 days after the date DHS
receives the claim. If DHS determines
that any item of cost is not eligible for
reimbursement, its notice of
determination will specify the grounds
on which DHS disallowed
reimbursement.
§ 208.61 Payment of claims.
DHS will reimburse all allowable
costs for which a Sponsoring Agency
requests reimbursement within 30 days
after DHS determines 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
Agency may appeal to the Program
Manager any determination made under
§ 208.60 of this part to disallow
reimbursement of an item of cost:
(1) The appeal must be in writing and
submitted within 60 days after receipt of
DHS’s written notice of disallowance
under § 208.60 of this part.
(2) The appeal must contain legal and
factual justification for the Sponsoring
Agency’s contention that the cost is
allowable.
(3) Within 90 days after DHS receives
an appeal, the Program Manager will
review the information submitted, make
such additional investigations as
necessary, make a determination on the
appeal, and submit written notice of the
determination of the appeal to the
Sponsoring Agency.
(b) Final appeal. (1) If the Program
Manager denies the initial appeal, in
whole or in part, the Sponsoring Agency
may submit a final appeal to the Deputy
Director. The appeal must be made in
writing and must be submitted not later
than 60 days after receipt of written
notice of DHS’s determination of the
initial appeal.
(2) Within 90 days following the
receipt of a final appeal, the Deputy
Director will render a determination and
notify the Sponsoring Agency, in
writing, of the final disposition of the
appeal.
(c) Failure to file timely appeal. If the
Sponsoring Agency does not file an
appeal within the time periods specified
in this section, DHS will deem that the
Sponsoring Agency has waived its right
to appeal any decision that could have
been the subject of an appeal.
§ 208.63 Request by DHS for supplemental
information.
(a) At any stage of the reimbursement
and appeal processes identified in this
subpart, DHS may request the
Sponsoring Agency to provide
supplemental information that DHS
considers necessary to determine either
a claim for reimbursement or an appeal.
The Sponsoring Agency must exercise
its best efforts to provide the
supplemental information and must
submit to DHS a written response that
includes such supplemental information
as the Sponsoring Agency is able to
provide within 30 days after receiving
DHS’s request.
(b) If DHS makes a request for
supplemental information at any stage
of the reimbursement and appeal
processes, the applicable time within
which its determination of the claim or
appeal is to be made will be extended
by 30 days. However, without the
consent of the Sponsoring Agency, no
more than one such time extension will
be allowed for any stage of the
reimbursement and appeal processes.
§ 208.64 Administrative and audit
requirements.
(a) Non-Federal audit. For Sponsoring
Agencies and States, requirements for
non-Federal audit are contained in 44
CFR 13.26, in accordance with OMB
Circular A–133, Audits of States, Local
Governments, and Non-Profit
Organizations.
(b) Federal audit. DHS or the General
Accounting Office may elect to conduct
a Federal audit of any payment made to
a Sponsoring Agency or State.
§ 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.
§ 208.66 Reopening of claims for
retrospective or retroactive adjustment of
costs.
(a) Upon written request by the
Sponsoring Agency DHS will reopen the
time period for submission of a request
for reimbursement after the Sponsoring
Agency 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-ofliving adjustment; (2) The Sponsoring Agency or any
Participating Agency incurs an
additional cost because of a legallybinding determination; or (3) The Deputy Director determines
that other extenuating circumstances
existed that prevented the Sponsoring
Agency from including the adjustment
of costs in its original submission.
(c) The Sponsoring Agency must
notify DHS as early as practicable that
it anticipates such a request.
§§ 208.67–208.70 [Reserved]
Dated: February 3, 2005.
Michael D. Brown,
Under Secretary, Emergency Preparedness
and Response, Department of Homeland
Security.
[FR Doc. 05–3192 Filed 2–23–05; 8:45 am]
BILLING CODE 9110–69–P
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ADMINISTRATIVE MANUAL
REVISED: DECEMBER, 2019
In Cooperation with Department of Homeland Security
Federal Emergency Management Agency
CALIFORNIA TASK
FORCE 4
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Page | 1
TABLE OF CONTENTS
FOREWARD 6
CHAPTER 1 - OVERVIEW 7
AUTHORITY 7
APPLICATION 7
OBJECTIVES 7
RELATION TO PROCEDURES 7
GENERAL 7
TASK FORCE REVISION POLICIES 7
NATIONAL INCIDENT MANAGEMENT SYSTEM 7
TASK FORCE AUDIT POLICIES 7
CHAPTER 2 - GUIDELINES 8
GENERAL COMPLIANCE 8
PRACTICES 8
PERSONNEL NOTICE OF CHANGE 8
FIREARMS 8
ATTENDANCE 8
GENERAL 8
CHAPTER 3 – PERSONAL CONDUCT 9
OBEDIENCE OF LAW 9
SUBSTANDARD PERFORMANCE 9
PROFESSIONAL CONDUCT 9
INSUBORDINATION 9
POLITICAL LOBBYING 9
SLANDER 9
USE OF ALCOHOL – NON-PRESCRIBED DRUGS – NARCOTICS 9
CIVIL ACTIONS 9
BRIBES OR GRATUITIES 9
CHAPTER 4 - MANAGEMENT STRUCTURE RESPONSIBILITIES 10
SPONSORING AGENCY 10
SPONSORING AGENCY ADMINISTRATION 10
SPONSORING AGENCY CHIEF 10
PROGRAM MANAGER SELECTION 10
WORK GROUP ASSIGNMENT 10
WORK GROUPS 10
PROGRAM MANAGER 10
CACHE MANAGER 11
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GRANTS MANAGER 12
ADMINISTRATIVE SUPPORT SPECIALIST 12
TRAINING COORDINATOR 12
TASK FORCE MEDICAL COORDINATOR 12
CANINE TRAINING COORDINATOR 12
CHAIN OF COMMAND 12
REQUEST FOR SUPPORT FROM SPONSORING AGENCY 12
CHAPTER 5 - TASK FORCE MEMBERSHIP PRACTICES 14
GENERAL 14
MEMBERSHIP RECRUITMENT 14
APPLICATION PROCESS 14
RESERVE MEMBERS 14
NON-DEPLOYABLE – TRAINING REQUIREMENTS 14
DEPLOYABLE MEMBERS 14
NON-DEPLOYABLE - AGENCY REQUESTED 14
INACTIVE-TASK FORCE MEMBER REQUESTS 14
EXTENDED LEAVE INJURY OR VOLUNTARY NON-DEPLOYABLE 15
PERSONNEL FILES 15
TASK FORCE ISSUED EQUIPMENT 15
SEPARATION POLICY 15
MEMBERSHIP NOTIFICATION SYSTEM 16
CHAPTER 6 - POSITION SPECIFIC TRAINING REQUIREMENTS 17
GENERAL 17
CHAPTER 7 - TRAINING CONSIDERATIONS 18
ATTENDANCES AT AND RECORDING OF TRAINING EVENTS 18
ATTENDANCE AT FEMA SANCTIONED TRAINING 18
TRAVELS FOR FEMA MEETINGS AND WORK GROUPS 18
CHAPTER 8 - TASK FORCE TRAINING 19
GENERAL 19
TASK FORCE WEBSITE AND INTERNET BASED TRAINING 19
SAFETY OFFICER REQUIREMENTS 19
ANNUAL TRAINING REQUIREMENTS 19
TRAINING COORDINATOR RESPONSIBILITIES 19
INSTRUCTOR RESPONSIBILITIES 19
CHAPTER 9 - PAYROLL, INVOICING AND FINANCES 20
GENERAL 20
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TIME SHEETS 20
TRAVEL POLICIES 21
BACK-FILL 21
RESPONSIBILITIES FOR REIMBURSEMENT 21
PAYROLL DISPUTES 21
ALERTS OR ACTIVATION 21
TASK FORCE STAFF SALARY 21
EQUAL EMPLOYMENT OPPORTUNITY 21
SOP FOR PROCURING GOODS AND SERVICES 21
SOP FOR TRACKING & RECONCILING COOPERATIVE AGREEMENTS 22 SOP FOR RECONCILING CLEARED/CASHED CHECKS 22
CHAPTER 10 - PROCEDURE FOR FILLING ROSTER POSITION VACANCIES 24 GENERAL 24
APPOINTMENT FOR ROSTERED POSITIONS 24
ANNOUNCEMENT OF TEAM POSITION OPENING 24
APPLICATION PROCESS 24
REVIEW PROCESS 24
PROGRESSION THROUGH THE RANKS 24
TASK FORCE LEADERS 25
CHAPTER 11 - CODE OF CONDUCT 26
GENERAL 26
DEPLOYMENTS 26
CHAPTER 12 - TASK FORCE CANINE PROGRAM 27
TASK FORCE CANINE PROGRAM – ADMINISTRATION 27
TASK FORCE SEARCH TEAM COORDINATOR 27
TASK FORCE CANINE TRAINING COORDINATOR 27
TASK FORCE CANINE HANDLERS 27
TASK FORCE CANINE TRAINING 27
CANINE SEARCH SPECIALIST COURSE 28
CERTIFICATION OF TF CANINES 28
CANINE CARE, FOOD AND NUTRITION 28
CANINE TEAM STIPEND 29
DEPLOYMENTS 29
CHAPTER 13 - EQUAL OPPORTUNITY, AFFIRMATIVE ACTION
AND SEXUAL HARASSMENT 30
DIRECTIVE 30
RATIONALE 30
GENERAL GUIDELINES - DEFINITION 30
SEXUAL HARASSMENT 30
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ENVIRONMENT FREE FROM HARASSMENT 30
CHAPTER 14 TASK FORCE UNIFORMS 31
GENERAL 31
UNIFORMS & GEAR BAG 31
EXCHANGING, TRADING OR SELLING PROPERTY THAT BELONGS
TO THE TASK FORCE 31
MISSION ISSUED EQUIPMENT 31
CHAPTER 15 - TASK FORCE DRIVER PROGRAM 32
GENERAL 32
SELECTION PROCESS 32
COMMERCIAL DRIVERS LICENSES (CDL) 32
DRIVER QUALIFICATIONS 32
APPLICATION PROCESS 32
ADDITIONAL TASK FORCE REQUIREMENTS 33
CHAPTER 16 - CONVOY STANDARDS AND TASK FORCE VEHICLES 34 GENERAL 34
CONVOY 34
DEPLOYMENT TYPES 34
DRIVER ROTATION 34
CARGO INSPECTION 34
VEHICLE SAFETY INSPECTION 34
CHAPTER 17 - MEDICAL RECORDS & USE 35
GENERAL 35
MEDICAL RECORDS FOR DEPLOYMENT 35
DENIAL OF DEPLOYMENT FOR MEDICAL REASONS 35
DENIAL FOR DEPLOYMENT PROCEDURE 35
CHAPTER 18 - FAMILY SUPPORT UNIT 36
GENERAL 36
UNIT COMPOSITION 36
EMERGENCIES AT HOME 36
CHAPTER 19 - WORKERS COMPENSATION 37
GENERAL 37
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COVERAGE 37
REPORTING INJURIES 37
TASK FORCE MEMBER’S RESPONSIBILITY 37
LOCAL AND FEDERAL COVERAGE 37
NOTIFICATION OF COVERAGE TO TASK FORCE MEMBERS 37
REPORT TO EXECUTIVE BOARD 37
CHAPTER 20 - TEAM ACTIVATION AND ROTATION 38
GENERAL 38
ROTATION 38
PERIOD OF NON-AVAILABILITY FOR DEPLOYMENT 38
FAILURE TO ACKNOWLEDGE NOTIFICATION 38
ALERTS FOR LOCAL, STATE OR FEDERAL DEPLOYMENTS 38
ACTIVATION 38
MULTIPLE INCIDENTS FOR FAILURE TO ACKNOWLEDGE NOTIFICATIONS 39 MULTIPLE ACTIVATIONS 39
FINANCIAL PRACTICES 39
TIME RECORDS FOR EMPLOYEES 39
RECORDS, FORMS & POLICY 39
COOPERATIVE AGREEMENTS / STATEMENT OF WORK PROCESS 39
EXPENDITURES MONITORING 39
TASK FORCE MEMBER COMPENSATION 39
CHAPTER 21 - COOPERATIVE AGREEMENT ADMINISTRATION 40
ANNUAL AGREEMENT PREPARATION 40
LEGISLATIVE REQUIREMENTS 40
AGREEMENT REPORTING 40
BUDGET PREPARATION 40
BUDGET APPROVAL PROCESS 40
DOCUMENTATION RETENTION & STORAGE 40
CHAPTER 22 - PUBLIC RELATIONS 41
NON-EMERGENCY ACTIVITIES 41
SYSTEM IMPLEMENTATION 41
MEDIA-RELATED INFORMATION FLOW 42
POINT OF ARRIVAL/MOBILIZATION CENTER 42
MEDIA MANAGEMENT SUGGESTIONS 44
APPENDICIES __
APPENDIX 1 – CITY OF OAKLAND – OAKLAND CITY COUNCIL RESOLUTION APPENDIX 2 – CITY OF OAKLAND – ADMINISTRATIVE INSTRUCTIONS – AI 701 APPENDIX 3 – CATF-4 – STAFF AND DISCIPLINE MANAGERS ORGANIZATIONAL CHART APPENDIX 4 – NATIONAL US&R RESPONSE SYSTEM CODE OF CONDUCT AGREEMENT #12..
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Page | 6
FOREWARD
The purpose of this document is to provide guidance for pre deployment administration and routine management of the Task Force. This document is designed in a manner to provide a step by step reference for the many ongoing administrative and management processes to assure that the Task Force is in a constant state of readiness to perform Federal disaster response to major disasters incidents.
The National Urban Search and Rescue (US&R) Response System provides for the coordination, development, and maintenance of the Federal effort with resources to locate, extricate, and provide immediate medical treatment to victims trapped in collapsed structures; and to conduct other lifesaving operations.
This manual shall be readily available to CA-TF4 personnel as well as the Sponsoring and Participating Agencies.
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Chapter 1
OVERVIEW
Authority - This manual shall not limit the authority granted to the Task Force Program Manager, Executive Committee, or any Chief of the Sponsoring Agency or Participating Agencies.
Application - This manual applies to personnel who have administrative duties for California Task Force 4.
Objectives - It is the objective of this manual to provide guidance and direction to the members of California Task Force 4, who have day to day administrative duties for the Task Force. The guidelines contained herein are intended to be general in nature.
Relation to Procedures - Members are responsible for compliance with the procedures in this manual and by inference, all policies and procedures related to them.
General - This Administrative Manual contains general guidelines and the policies and procedures regarding the various types of memberships of the Task Force and application process. It also contains general and specific requirements of Task Force members. The manual also contains the management structure of the Task Force and methods for advancement within the Task Force.
Task Force Revision Policies –
1. Existing policies will be revised when changing conditions create a need to update them.
2. An effort should be made to thoroughly review existing, related policies to prevent duplication or overlap.
3. A policy that has been revised more than once will be issued with the new revised date, and the last revised date will be removed from the document, to prevent confusion.
4. Any member who becomes aware of a policy needing revision is encouraged to notify the program coordinator of the policy number and the need for revision.
It is the responsibility of the Program Coordinator to ensure that policies are reviewed no more than every three (3) years. As policies are living documents, any member of the task force may bring forth a recommendation for a change. Additionally, the FEMA system may require changes due to operational direction or legislation. Major changes include new policy, significant rewrites, and changes in legislation. Minor changes include minor corrections or changes that do not affect the meaning content or interpretation of the document. Any changes must be presented at the task force general membership meeting where attendance is required for deployment eligibility.
National Incident Management Systems- Resolution adopting the National Incident Management System (NIMS) for the Sponsoring Agency/City of Oakland and implementing mandated NIMS training for all City of Oakland employees to comply with Homeland Security Presidential directive as indicated in Appendix 1.
Task Force Audit Policies - Task Force audit and inspection policies and procedures which includes the audit finding resolution process is outlined in the Implementation of Audit Recommendations in Appendix 2. #12..
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Chapter 2
GUIDELINES
General Compliance - All members shall comply with guidelines, policies and procedures of California Task Force 4. Performance shall meet the expectations as described in position descriptions, and shall be in accordance with levels of training, certification, standards, and/or legislation.
Practices - Members shall exercise common sense safety practices while performing their duties. They shall adhere to safety regulations as set forth in the latest versions of the Operational Position Descriptions, as well as any direction given from those above them in the chain of Command of the Task Force. The degree to which safety practices are followed may act as a mitigating or aggravating factor in cases of discipline. When incidents occur as a result of failure to exercise appropriate caution a task force member may be disciplined, up to and including termination from the Task Force.
Personnel Notice of Change - Members, who change their personal address, telephone number, etc.are responsible for notifying the Task Force within thirty (30) days of the change. Members should use the Member update form located on the Task Force designated personnel information website.
Firearms - Members shall not carry or discharge any firearms or missile propellant device while on Task Force property, any mission or training exercise.
Attendance – Members are required to make quarterly training contacts and to meet the Task Force required 24 hours of training and administrative contact.
General - Members shall make every effort to be on time, in appropriate Task Force or agency uniform and ready for trainings, work details, alerts and or activations, etc. #12..
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Chapter 3
PERSONAL CONDUCT
Obedience of Law - All members are required to obey all laws and ordinances of the Sponsoring and/or Participating Agency, the State of California, and the United States.
Substandard Performance - Any member who fails to meet Task Force training requirements and/or neglects to acquire the necessary knowledge, skills, and abilities to properly perform their duties will be non-deployable.
Members who by continued neglect or carelessness, cause damage to any Task Force property, tools, appliances, and/or equipment shall be subject to disciplinary action by their sponsoring agency. Disciplinary action may be up to termination from the Task Force.
Professional Conduct - Each member is expected to conduct themselves in a professional and credible manner as prescribed in the National Urban Search and Rescue Response System Code of Conduct.
Insubordination - Members of the Task Force shall respect and obey all officers and all personnel within the Task Force organizational structure. Absent an immediately hazardous situation, a member who questions an order shall obey the order and submit objections as an after-action issue when the mission is completed.
Political Lobbying – Members of the Task Force shall advise the CA-TF 4 Program Office of any lobbying activities that affect, or may affect local, state or federal US&R programs or funding.
Slander - Any member making a false report about the character or conduct of a member of the Task Force or using his/her name without consent for any improper purpose, shall be subject to disciplinary action by their sponsoring agency.
Use of Alcohol - Non-Prescribed Drugs – Narcotics No alcoholic beverages, non-prescribed drugs or narcotics shall be carried, consumed, or used on any property belonging to the Task Force or during any exercise, alert or activation. No member of the Task Force shall enter or patronize any place where alcoholic beverages are sold while on an Alert or Activation for the purpose of purchasing or consuming alcoholic beverages. No member shall purchase alcoholic beverages while wearing any article of uniform bearing the Task Force name or logo.
There shall be no detectable amount of alcohol or non-prescribed substances in a member’s system during any Task Force activity.
Civil Actions - No member shall institute civil actions arising from an occurrence while performing the duties of a Task Force member, without first notifying the Task Force Program Manager and the Executive Committee.
Bribes or Gratuities - No member shall accept a bribe or gratuity or solicit or accept any compensation or reward for services performed in the line of duty. If approached with a bribe, the member shall immediately notify their supervisor. Persons wishing to make a donate to the Task Force shall be referred to the Task Force Program Manager.
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Chapter 4
MANAGEMENT STRUCTURE RESPONSIBILITIES
Sponsoring Agency - Provide enough staff for management and administration of the US&R Task Force day- today activities to accomplish required supervisory, administrative, training and logistical duties. Primary areas of concern are program management; grants management; administrative support; training coordination, instruction and support; logistics management and accountability. This shall include, but is not limited to, funding personnel salaries and expenses relating to Task Force development and management; record-keeping, inventory and maintenance of the US&R equipment caches; correspondence with Task Force members and parties who support Task Force activities; along with similar management and administrative tasks.
Sponsoring Agency Administration - To manage and ensure that CA-TF 4 operational readiness is maintained, and program mandates are being met.
Sponsoring Agency Chief - The sponsoring agency Fire Chief shall be responsible for overall operation of the Task Force. The Fire Chief shall also select a Program Manager to be responsible for the day-to-day operations, ensure program objectives and national program mandates are being achieved. The Fire Chief shall be responsible for making the final approval or rejection for any disciplinary issue, expenditure of funds and removal of any Task Force member. The Chief may appoint a designee to represent him/her for any vote taken by the sponsoring agency Chief’s or to oversee all operations of the Task Force on a local level. The sponsoring agency Chief shall also be advised of any recommendations for the position of Task Force Leaders and shall be part of the selection team. The sponsoring agency Chief or his/her designee will be responsible for final approval for all operational matters of the Task Force.
Program Manager Selection - The sponsoring agency Fire Chief of the Department shall appoint a Fire Officer, or Civilian with appropriate background, who shall serve as the program manager and shall be responsible for overseeing the overall management of day-to-day operations of the Task Force and to ensure Task Force compliance with all federal requirements and mandates. The Program Manager will supervise the Program Coordinator. The Program Manager shall chair the Executive Committee and shall ensure they meet on a regular basis to address the needs of the Task Force. The program manager shall also forward all recommendations from the Executive Committee for review by the Fire Chief.
Work Group Assignment - The Program Manager may appoint members to Work Groups to assist managing various functions of the Task Force.
Work Groups - The Work Groups shall consist of selected Task Force members. The Work Groups are responsible for supporting the overall management of the Task Force, and helping to ensure operational readiness and deployment status of the Task Force members that they represent. Work Groups will also be tasked with providing and assisting in training, policy development, and cache management. All information that is received for implementation is reviewed and approved by the Program Manager’s Program Coordinator (PC) - Serves as the single point of contact (POC) for all matters related to the Task Force as required by the national US&R program. The PC assures that all the terms and conditions of the Memorandum of Agreement (MOA) with the Federal Emergency Management Agency (FEMA) are met. The PC routinely meets with other members of the national program, and the local program and serves as the liaison with other staff, Work Groups and personnel of the Oakland Fire Department, Participating Agencies, and other affiliate personnel as needed.
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The Program Coordinator shall be responsible for the day-to-day operations and shall work with the various groups and full-time employees to ensure that Task Force is meeting all requirements of FEMA. The Program Coordinator shall assure that reports are prepared for the Sponsoring Agency and Work Groups and provide documentation of the accomplishments of the Task Force, areas of deficiencies and corrective actions that will be initiated for any deficiency, and provide reports to the national US&R Program Office.
The Program Coordinator’s responsibilities shall include but are not limited to scheduling meetings, setting program goals, development of the Strategic Plans, annual work and training plans and provide that such is transmitted to the executive board for approval, work with all Team Managers to ensure training is meeting program objectives and maintaining operational readiness. The Program Coordinator shall work with the Logistics Team Manager to ensure all equipment that is needed by the Task Force is purchased and the proper maintenance is conducted for all equipment. The Program Coordinator shall also be responsible for ensuring all training and personnel files are being maintained assure the development of Operational Readiness Exercises as required by the statement of work annual, and to handle any additional tasks as needed. The Program Coordinator may delegate duties as he/she sees fit to accomplish the PM goals.
It shall also be the responsibility of the Program Coordinator, or designee, to handle all Workers Compensation Claims, local and/or federal, to ensure all documentation is filed for the claim.
Cache Manager (CM) - The CM is responsible for cache maintenance and repair, and to assure that the cache is kept in a constant state of readiness. The Cache Manager supervises part-time CA-TF 4 logistics personnel and Interns in routine equipment maintenance activities. The CM assures that training activities are supported with equipment, assists with purchasing and preparing documentation such as the Mobilization Manual and reports.
The Cache Manager shall be responsible for the management of the cache while stored at the US&R logistics center. The CM responsibilities shall include, but are not limited to:
● Conducting periodic inventories of the cache to ensure property accountability. ● Actively manage the surplus of excess property.
● Identify equipment that is damaged or destroyed and file the correct federal property disposition documentation.
● Accountability forms, and Submit all requests for replacement items for used, expended or damaged equipment and all purchases must meet all federal, state and local requirements. ● Ensure cache readiness and maintain an inventory tracking system. ● Ensure all equipment and vehicles are being maintained per manufacturer’s warranty requirements.
● Ensure all equipment issued to deploying Task Force members is accounted for. ● Ensure the Task Force can meet all deployment requirements as set forth by FEMA, and handle any additional tasks as assigned by the Program Manager. ● Assist in preparing reimbursement records, training records and equipment maintenance records.
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Grants Manager (GM) - The Grants Manager shall be responsible for ensuring all reports are submitted to FEMA on time. The GM also oversees all expenditures that are incurred by the Task Force to ensure all reporting requirements are met with the various grants that are available to the Task Force. Responsibilities shall include, but are not limited to:
● Filing all annual and semi-annual reports for grant expenditures and activity reports with the national US&R Program Office within required timelines. ● Submissions for mission reimbursements, tracking of all grant expenditures. ● Work with the City of Oakland purchasing and payroll personnel to ensure all expenditures are charged to the correct grant.
● Assist in the annual Task Force budget and submit to the Task Force Managers for review before submitting to FEMA. The GM is supervised by the Program Managers and assists with any other tasks as assigned.
Administrative Support Specialist – The Administrative Support Specialist is responsible for daily administrative support services of CATF-4. He or she performs all executive assistant, office management and administrative support for the Task Force. He or she relieves the Task Force Program Coordinator of certain administrative details by routinely and independently performing administrative support tasks such as research, contacting outside vendors, Sponsoring Agency, Participating
Agencies, Task Force Leaders, Agency Representatives, Task Force members, FEMA, OES, and NDMS (National Disaster Medical System). He or she is the daily contact for warehouse security and accessibility.
Training Coordinator – The Training Coordinator serves is responsible for administrative and supervisory work planning and coordinating the Task Force’s training program. Work involves researching, developing and managing training programs for all task force personnel; developing and administering evaluations to determine individual employee performance in a wide variety of US&R areas. Work also involves managing the development and maintaining lesson plans, drill manuals, training records and examination scores for each employee. Supervision is received from the Program Manager with work being reviewed in the form of the overall effectiveness of the delivery of Urban Search & Rescue services. Supervision is exercised over others as needed.
Task Force Medical Coordinator - The Task Force Medical Director shall be responsible for overseeing all Task Force medical operations. The Medical Director shall review all medical policies of the Task Force and establish operational guidelines for use to screen personnel medically at the time of deployment. The medical director will comply with national program standards.
Canine Coordinator - To ensure the readiness of the Task Force Canines, the Program Manager shall appoint a Task Force Canine Training Coordinator. The Task Force Canine Training Coordinator shall be responsible for canine readiness, conducting canine training and developing canine training plans to ensure achievement of Type I certification by the FEMA US&R Canine Program.
Chain of Command - The Task Force functions as a paramilitary organization and as such functions through a chain-of-command structure (Appendix 3). During non-deployment activities, personnel shall report to their Group Coordinators, and Team Managers. The Trainers shall be responsible for working with the Training Manager to ensure personnel assigned to them are maintaining their required training, responding to all requests for certificates of completion for mandatory classes and assisting with any special details. #12..
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Request for support from Sponsoring Agency - All requests for staff, equipment, logistical support, and fiscal support from the Oakland Fire Department as the Sponsoring Agency shall be approved and processed through the CA-TF4 Program Coordinator, OFD Assistant Chief responsible for Special Operations, and the Program Manager (currently the Deputy Chief of Operations).
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Chapter 5
TASK FORCE MEMBERSHIP PROCEDURES
General - Only those personnel who have met both federal and local requirements are deployed on any mission.
It is important that an impartial selection system is in place. Personnel are placed in a primary position based on their level of training and accomplishing program requirements or requests made by the individual Task Force member.
Membership Recruitment – Sponsoring Agency and Participating Agencies are responsible for recruiting their members to join the TF. Quarterly we will have a Reserve Workshop where interested personnel will be able to attend and go through the application process of joining the TF.
Application Process - Applications for TF membership will be accepted annually with advanced notice as provided. Applications will only be accepted for vacant positions. Any member of the Sponsoring Agency, Participating Agency, or a member of the general public who can provide a special skill that is required of the Task Force shall make written application for membership utilizing the federal forms required by the FEMA Program Office. Completed Applications shall be presented at the first available Executive Committee meeting for acceptance into the program. Once approved, the application will be entered into the personnel database utilized by the Task Force. Should the applicant be rejected, the Program Manager shall notify the individual in writing and provide information as the reason the applicant was rejected. All applicants will be at a level of “Administrative Not Deployable” until all requirements are met. Positions are occasionally identified as “open recruitment” with candidates fast tracked due to program needs (i.e. Haz Mat, Structural Engineers, Canines).
Reserve Members - Participating and Sponsoring Agency members who have completed the application process, and are awaiting opportunity to become rostered, shall be considered Reserve Members. Reserve Members are eligible to take part in all training and exercises.
Deployable Members - Any Task Force member who has completed minimum administrative and training requirements will be a deployable member. Members in this classification will be eligible for deployment and shall be placed on the roster. This status is determined by the current Program Directive in place and the overall Rostered, Trained or Deployable status determined by this guideline.
Non-Deployable, Agency Requested - If the Sponsoring or Participating Agency desires to have a member removed from the deployable status, they may do so in writing to the Program Manager. The individual affected must be informed in writing of their status change, the reason and the projected date that the agency will allow the member to return to deployable status. In the case of the non-deployable status exceeding six (6) months the member must surrender their roster position and when returned to deployable status will be placed on the roster only if there is an open position for which they qualify. If no vacancies exist, the member shall be placed on the Reserve Roster and remain there until a position becomes available.
Non-Deployable, Training Requirements - Newly rostered members with the Task Force shall be listed as ‘NonDeployable, Training Requirements. They are not deployable until they have completed required training.
Inactive, Task Force Member Requests - Any deployable member may request non deployable administrative leave for a period not to exceed one (1) year. This written request shall be submitted to the PM. In the case of leaves exceeding six (6) months the member must surrender their roster position and when ready to return to deployable status will be placed on the roster only if there is an open position for which they qualify. If no #12..
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vacancies exist, the member shall be placed on the Reserve Roster and remain there until a position becomes available.
Extended Leave Injured or Voluntary, non-deployable - Any member on extended leave for any reason shall be placed in this classification with a strike through their name. For leaves exceeding six months the member must surrender their roster position and when released to full duty or returning shall be placed on the roster only if there is an open position for which they qualify. If no vacancies exist, the member shall be placed at the top of the Reserve Roster and remain there until a position becomes available.
Personnel Files - The Task Force will maintain a personnel file for each member. Each member may review their file upon request to the PM or the Administrative Specialist. No member will be allowed to remove any documentation. It is the responsibility of each Task Force member to supply current copies of the following documents:
● OF612 Government Application
● Appointment Affidavit
● FEMA / CA-TF 4 Code of Conduct
● Completed Immunizations Form or signed waiver per Directive 2005-008 ● Fit for Duty Form or Current Medical Physical exam – (Documentation may be provided the Sponsoring Agency)
● Current Medical Certificate (Basic First Aid, EMT-Basic, EMT-I, EMT-P etc.) CardioPulmonary Resuscitation CPR Note: Additional documentation may be required due to current Position Description Requirements.
Task Force Issued Equipment - Task Force members terminated, retired or resigned are removed from the roster and must return all TF issued equipment within thirty (30) days of being so removed. Any member who requests separation from the Task Force shall be responsible for returning all issued equipment.
Separation Policy – At any time a rostered member or reserve member may provide a written request to be removed from the team. Once a written request has been received the TF database will be updated and their rostered position will be made vacant. If a rostered member or reserve member become inactive for more than two years, they will be asked to leave the team. If they are a rostered member the TF database will be updated, and their rostered position will be made vacant. A member may be terminated from the Task Force for any of the following reasons:
● Fails to maintain all requirements of deployable status ● Fails to make up any training requirements as set forth by the Training Coordinator ● Fails to pass the required medical exam
● Fails to meet all mandatory immunization requirements ● Is found guilty of misconduct or in violation of the Code of Conduct and dismissal is recommended by the program manager and approved by the Executive Committee #12..
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Membership Notification System – Upon notification that CA-TF4 has received an Alert Order or Activation Order, the Program Coordinator or delegate shall contact Alameda County Regional Emergency Communications Center (ACRECC), at (925) 447-4257. They shall notify ACRECC of the Order type, and request a Code Red notification to CA-TF4 members. The Program Coordinator may choose to alert all CA-TF4 members, or select specific groups in the Code Red system, depending upon the needs of CA-TF4 at the time of order.
The Task Force implements multiple systems for notifying its active and reserve members of upcoming trainings, updates, and deployments. These notifications are implemented using email, CA-TF 4 website and application services. The CA-TF 4 website provides current drill information for the given year with dates and locations. An email distribution list has been created to be able to update personnel with drill information, TF updates and reminders. A CA-TF 4 “WhatsApp” group has been created to help keep the team updated with deployment/activation information. When notified of a deployment, TF members are notified through their Agency Representatives and through “WhatsApp” alerts.
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Chapter 6
POSITION SPECIFIC TRAINING REQUIREMENTS
General - To maintain program compliance for training requirements set forth by the National US&R Training Work Group and approved by the Operations Work Group and FEMA Program Office, additional training requirements have been established as mandatory for the various positions within the Task Force. All roster personnel must complete these requirements. Personnel who desire to hold a particular higher position within the Task Force should consider completing these courses prior to the announcement for any position opening.
Additional information can be obtained by referencing current revisions of position descriptions as maintained in the Training Program Administration Manual in the Task Force Program Office. The positions requiring these additional training requirements are:
● Task Force Leader
● Safety Officer
● Search Team Manager
● Technical Search Specialist
● Canine Search Specialist
● Rescue Team Manager
● Rescue Squad Officer
● Rescue Specialist
● Heavy Rigging Specialist
● Medical Team Manager
● Medical Specialist
● Planning Team Manager
● Technical Information Specialist
● Hazardous Materials Team Manager
● Hazardous Materials Specialist
● Logistics Team Manager
● Logistics Specialist
● Communications Specialist
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Chapter 7
TRAINING CONSIDERATIONS – TRAVEL and ATTENDANCE
Attendance at, and Recording of, Training Events - Members attending FEMA/CA-TF4 sanctioned training conducted at the Task Force designated location shall be responsible for signing in and out on a Task Force training roster/timesheet (ICS 211B) or another approved roster sheet. This will ensure proper documentation of the member’s attendance and participation.
Attendance at FEMA Sanctioned Training, Travel and Reimbursement - Several positions within the Task Force require successful completion of specialized training. Selection for these training opportunities will be done by the CA-TF 4 Program Office in Consultation with position specific managers. Final approval is granted by the Program Manager and the prospective students Agency Representative. Once the members have been selected to attend the class, the Program Office shall enroll via ESF#9TrainingPortal Task Force members who will be in attendance. The Task Force member selected for training shall file all requests for travel arrangements providing the best departure and return time, any special needs for travel, and dates and times for the class. No airline tickets shall be purchased until the CA-TF 4 Program Office has approved the travel dates and cost. All appropriate travel authorizations and/or paperwork required by the Task Force members’ home agency will be completed by said member. The Task Force will be responsible for all airline costs to attend the class. Standard GSA per diem will be paid for meals unless Participating Agency rules preclude it. Costs for cab fares, car rentals (when approved in advance) or parking fees at airports are reimbursable with proper documentation. It is the responsibility of any Task Force members who cannot attend a class that they have been registered for to notify the Program Office as soon as they are aware, they will be unable to attend. Should a member cancel their attendance after the cancellation deadline for the hotel, they shall not be reimbursed for this cost. Personnel are permitted to drive personal cars to attend FEMA training with pre-approval and will be reimbursed the lesser of mileage costs or air travel costs.
Travels for FEMA Meetings and Work Groups - Members that are to attend FEMA Task Force Leaders/Program Manager or Work Group Meetings shall be notified by the Program Office of the meeting dates. These Task Force members shall submit an email request to attend the meeting and will follow all guidelines as stated in this manual for travel and reimbursement.
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Chapter 8
TASK FORCE TRAINING
General - The Task Force will develop an annual training schedule for the various disciplines of the Task Force; this information will be reviewed and posted following approval and additions or deletion from the Training Work Groups. It will be the responsibility of the Training Coordinator to meet with the Work Groups to identify the subject matter for the training and dates class will be conducted.
Training for the various disciplines should be designed to address operational readiness concerns and to meet the objectives of the position. The Work Groups and Training Coordinator shall identify the instructors that will be used for each of the sessions.
Task Force Website and Internet Based Training - The Task Force website will be used for training that can be completed on-line when available. Web based training must meet all program requirements that have been approved by the Program Manager. All on-line training must be pre-approved by the Program Office and have an evaluation component which demonstrates understanding of the subject.
Safety Officer Requirements - A Safety Officer shall be required for all practical sessions for any technical or hazardous conditions including but not limited to: Rope Technician, Confined Space Technician, Trench Technician and Structural Collapse Technician Courses.
Annual Training Requirements - Each member of the Task Force shall attend all required training, position specific and general, offered by the Task Force to remain Active and/or deployable.
Training Coordinator Responsibilities - It is the responsibility of the Training Coordinator to work with the instructors to ensure training is afforded to all members. The Training Coordinator shall work with the instructors to identify all literature needed for the class. Training Coordinator shall be responsible for insuring these items are available for the class.
Instructor Responsibilities - The instructor will provide a list of class needs to the Training Coordinator and the Cache Manager at least two weeks prior to the class. Should books or other materials need to be purchased; the instructor will provide 30-day advance notice to enable the materials to be acquired. Should equipment in the cache be needed for the class it is the responsibility of the instructor to present an equipment list (60-1) not less than two weeks prior to class for the Cache Manager to have the equipment ready. The Instructor shall be responsible at the completion of the class to work with the Cache Manager to assign personnel to assist with the cleaning of the equipment and returning it to a ready state for deployment. All equipment expended shall be recorded and the Cache Manager shall reorder the items to maintain cache readiness. Should any equipment be damaged or fail to operate properly the appropriate “out-of-service” tag shall be completed and placed on the item. The out-of-service item shall be placed in the appropriate area within the warehouse until repaired or sent to the appropriate company for repairs. The Program Manager and Cache Manager must be immediately notified of damaged, missing or stolen equipment.
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Chapter 9
PAYROLL and INVOICING PROCEDURE
General - Personnel are responsible for signing in for all approved events and for signing out on the approved Task Force timesheet. Should a member fail to sign in or out, the reimbursement for the individual will not be initiated until all information is provided to the Program Office. Personnel will be compensated only for the authorized length the time participating or assisting. Instructors are afforded time to set-up before the class and for the time they need to return to the classroom and equipment back to a state of readiness. Any personnel requested to assist the instructor in setting up and returning equipment to a ready state must be noted on the signin sheet and approved by the instructor prior to reimbursement and/or compensation. Non-salary expenses must be pre-approved by the Program Office.
Time sheets - Personnel must use the approved Task Force Timesheet. A submission made by e-mail or other means are not acceptable. Task Force time sheets are required for audit purposes therefore; personnel must complete timesheets in full. It is the responsibility of the Task Force Member to assure that all paperwork at his or her agency is done correctly.
Travel Policies - Prior to any travel, any participating agency member shall complete a Backfill/Overtime Request Form(s). All CA-TF4 members shall follow the travel policies of their own department. In the case of civilian members, and members without a home travel policy, the City of Oakland Travel Administrative Instruction, AI-120 shall be followed.
In no case shall the cost for lodging or meal per-diem exceed the federal GSA guidelines. Upon return from travel, members will submit to their home agency for reimbursement. The home agency will then submit an invoice to CA-TF4 for payment. All travel reimbursement requests including backfill costs must include a printout (preferably Telestaff) showing the member’s work schedule during dates of travel Back-fill - All personnel backfilling for a Task Force member must be clearly noted as “backfill” for grant audit purposes. The “backfill” timecard is available from the Task Force program office or on- line within the Task Force website.
Responsibilities for Reimbursement - It shall be the responsibility of the Task Force Grants Manager and the Administrative Support Specialist to assure that Participating Agency Fire payroll personnel compile the time sheets for a deployment or other instances requiring reimbursement. The approved forms shall indicate who receives reimbursement, the time the deployment lasted and the subject matter. The Task Force Grants Manager shall then provide forms to the appropriate agency for review. It shall be the responsibility of the Grants Manager and the Administrative Support Specialist to submit this information to the Sponsoring Agency. All Federal reimbursement procedures are the direct responsibilities of the Grants Manager and the Administrative Specialist for timely reporting to FEMA.
Payroll Disputes - Task Force members who believe they have not received the proper reimbursement and/or compensation shall contact the Administrative Specialist and confirm the disputed time. The Administrative Specialist shall then work with the Grants Manager to ensure proper submission was made to the appropriate Agencies. Any unsettled disputes must be forwarded through the Participating Agency to the Program Manager.
Alerts or Activation - It shall be the responsibility of the Program Manager or the Administrative Specialist to assure communication with the sponsoring and participating agencies. Each agency will be provided information on what is a reimbursable cost under FEMA guidelines, total number of billable hours and any other pertinent #12..
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issues to their claim. It shall be the responsibility of each of the Agencies to submit to the Task Force Program Office a completed 18-1. The Task Force office shall review the submissions including deployment timecards that will be needed for the reimbursement.
Once the final submission is received, the Grants Manager shall submit to the Sponsoring Agency for payment all approved costs for the activation/alert. The Grants Manager shall be responsible for working with the Program Manager and the appropriate agencies in finalizing the total submission to FEMA for reimbursement.
Task Force Staff Salary - Full time program staff will be paid as defined by their home agency MOU’s and policies. Other members of the Task Force will be paid as defined by individual agreements. Members of the sponsoring and participating agencies who have limited Task Force responsibilities will record hours worked solely on US&R related projects and submit to the Program Manager to assure that costs are charged to the US&R program funding. A timecard form is available for this process.
Equal Employment Opportunity- The City of Oakland's Equal Employment Investigations and Compliance Division, provides comprehensive services to ensure compliance with federal and state civil rights employment laws and City policy that prohibits harassment, discrimination and retaliation based on a person’s legally protected status in the workplace. Their offices administer a discrimination/harassment complaint process for employees and applicants for employment. Their services include investigations, compliance audits, training, counseling, mediation and coaching. These services are provided to support the City’s commitment to cultivate a culture of excellence, respect, and professionalism, and a work environment free from unlawful discrimination, harassment, and retaliation.
Standard Operating Procedure (SOP) for Procuring Goods and Services- The Program Coordinator identifies what supplies, equipment or services California Task Force 4 (CA TF-4) needs for operation and selects the vendor. If it is a new vendor for the City of Oakland, the Administrative Assistant I requests a W-9 form from the vendor, completes the vendor set up form, and sends it to the Purchasing Department for a new vendor setup in the “iSupplier” system.
The City Council waives the advertising and bidding requirements for the purchase of equipment needed for CATF4 when such supplies, equipment, and services are required by the Federal Emergency Management Agency (FEMA) to be selected from the General Services Administration (GSA) and other government procurement lists. Based on AI 4323, if goods and services are over $500 for each item and if it is/they are not one of the twenty-four (24) items identified in AI 1021, a Purchase Order (PO) is required.
For the item(s) requiring a PO, the processes are as follows:
1. The Administrative Assistant I, verfies if the selected vendor is not on the “active exclusion” list on SAM.gov. After ensuring the vendor is not an excluded vendor, Administrative Assistant I will print and attach the sheet for verification.
2. The BC will stamp and approve the quote from the selected vendor. He/she instructs the Accountant III for the funding source and sends the quote and its backup to the Accountant III.
The Accountant III reviews and sends the quote with BC’s signature to Deputy Chief (DC) for approval of the purchase.
3. After the DC approves the quote, the Accountant III identifies correct coding/POETA. If there is no budget in the coding block, the Accountant III prepares a B3 Budget Change Request (BCR) to move the budget to the coding block to which the quote or invoice is charged. #12..
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4. The Accountant III sets up a Purchase Requisition (PR) in the financial system (Oracle R12), attaches the quote and a copy of the resolution to the PR, then submits it to the Agency Administrative Manager for approval.
5. After the Agency Administrative Manager approves the requisition, the financial system automatically forwards the PR to the Buyer in the Purchasing Department to create a PO. After the PO is created, the system automatically notifies the vendor. If there is no further problem, the vendor ships out the product or performs the service.
If goods and services are under $500 for each, or the item is one of the twenty-four (24) items identified in AI 1021, no PO is required for payment.
1. After the product is received or the service is performed satisfactorily, the BC reviews, stamps and approves the invoice and submits the invoice to the Accountant III.
2. The Accountant III reviews the invoice and its backup supporting documentation. He/she submits the BC-approved invoice and backup documentation to the DC for approval.
3. After the DC approves the invoice, the Accountant III prepares a payment request (Direct Payment Request for no PO required payment with correct coding/POETA, or an Encumbrance Liquidation with PO required payment) with a PO number. If no budget is in the coding block, the Accountant III prepares a B3 BCR to move the budget to the coding block to which the invoice is charged.
4. The Accountant III submits the Payment Request to Agency Administrative Manager for approval. After the Agency Administrative Manager approves the Payment Request, he/she sends it back to the Accountant III to copy and submit the original approved payment request to the Controller’s Bureau accounts payable unit for check issuance.
SOP for Tracking and Reconciling Cooperative Agreement Funds- The following steps show the procedures in tracking and recording cooperative agreement funds from award to closeout.
1. After the grant is awarded, the Accountant III sets up a new project and award for the grant.
2. The Accountant III fills in the financial and budget related information in the Resolution and Agenda Report draft.
3. The Assistant to the Director prepares a Resolution and Agenda Report for City Council approval.
4. After the City Council approves the Resolution, the Accountant III appropriates revenue and expenditure for the grant project based on the grant award by preparing B2 BCRs. These B2 BCRs are approved by the Oakland Fire Department (OFD) Agency Administrative Manager.
The Budget and Grants Administrator signs a cover sheet and submits this package to the budget office for approval and posting before the grant funds may be used.
SOP for Reconciling Cleared/Cashed Checks – The following steps show the procedure for reconciling cleared/cashed checks for payments made by the US&R Readiness Cooperative Agreement.
1. Every month, the Accountant III reconciles the grant project and does cash drawdown.
2. Every quarter, the Accountant III prepares quarterly report in the FEMA Payment and Reconciliation System (PARS).
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3. Semi-annually, the Accountant III provides a financial report and the BC writes a narrative for the semi-annual report.
4. The Accountant III submits semi-annual report in Non-Disaster (ND) grant.
5. When the grant fund is depleted, the Accountant III completely reconciles the grant and submits request to Controller’s Bureau to ensure no outstanding checks remain under the grant project.
6. If there is/are outstanding check(s), the Accountant III will ask the vendor(s) if the check(s) was/were received.
7. If the check(s) was/were not received and the check(s) was/were issued within six (6) months, the Accountant III completes a form to the Treasury to stop payment on the check(s), and sends a voided check form to the accounts payable unit for reissuance of a new check(s).
8. If the check(s) is/was issued more than six (6) months prior, no stop payment form is necessary.
The Accountant III only sends a voided check form to the accounts payable unit for re-issuance of a new check(s).
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Chapter 10
PROCEDURE for FILLING ROSTER POSITION VACANCIES
General - All Task Force roster positions that become vacant must be filled using the system outlined in this manual. The Task Force and personnel must utilize this system for the filing of vacant positions. Positions will be filled during the annual draft utilizing the Executive Committee or, if the needs of the Task Force dictate expedience, the forming of a Selection Committee.
Appointment for Rostered Positions - When a vacancy occurs in any Task Force position, the Program Manager shall decide if the program is best served by filling the position during the first available Steering Committee or at the annual draft. If the vacancy is to be filled by a currently rostered member who is changing positions, the Steering Committee shall discuss and select a member who has submitted a Change of Position form for the open position. If the vacancy is to be filled by a new member from the Reserve Member list, then the Reserve Member with the highest number of Participation Points who is qualified for the position shall be rostered. Only members that are qualified for the position shall be eligible for filling the vacancy. The procedures for selecting the candidate shall follow this manual.
Announcement of Team Position Opening - It shall be the responsibility of the Program Manager to announce any vacancies that open within any one of the three roster teams. The Program Manager shall make this announcement by posting it on the Task Force Website, at the Program Office, and by notifying the Agency Representatives.
Application Process - Any member applying for an announced position vacancy shall submit a resume and application form. Applications must also contain any certificates that are not current part of the individuals file at the Program Office and can support any training the candidate believes will demonstrate additional abilities for the candidate. Resumes shall not exceed three (3) pages and shall include US&R experience, missions, and any other applicable classes.
Progression through the Ranks - To provide highly trained candidates for vacancies occurring in the Task Force.
CA-TF 4 has adopted a process to ensure that all qualified candidates have an opportunity for advancement within the Task Force. Candidates must have served in their current position not less than one year before they are eligible to be considered to fill a demanding role within the Task Force.
Candidates who wish to apply for any opening that they are qualified for must follow all steps in this manual.
Candidates wishing to become a Team Manager must have served at one or more of the subordinate positions they are applying for to be eligible. (Example: for a candidate to qualify for a Search Team Manager he/she must have served as a Technical Search Specialist for a minimum of one year in addition to meeting other related requirements.)
Task Force Leaders - Task Force members that desire to apply for the position of task Force leader shall meet the following guidelines:
1. Fully qualified Task Force member with completion of appropriate courses required for position, including FEMA Task Force Leader and ICS courses.
2. The individual must possess a strong FEMA/US&R background with an understanding of all operational and administrative requirements.
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When a Task Force Leader position vacancy occurs, the program manager shall form a Selection Committee comprised of senior members of the Executive Committee to review the qualifications of eligible personnel.
Recommendation will be forwarded to the Sponsoring Agency Chief for input before a candidate is appointed to fill the position.
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Chapter 11
CODE of CONDUCT
General - All members of the Task Force must adhere to the Task Force Code of Conduct (refer to Appendix 4).
This document has been developed and approved by the Task Force.
Deployments - Deploying members will receive a packet for deployment that will include the Task Force Code of Conduct. All members must review and sign the Code of Conduct during in-processing. The completed form is submitted to the individual staffing the check-in station. Any member who refuses to sign the Code of Conduct at the time of deployment will not be eligible for deployment. (See Code of Conduct in back of manual.) #12..
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Chapter 12
TASK FORCE CANINE PROGRAM
Task Force Canine Program, Administration - The Task Force shall be responsible for overseeing all aspects of the Canine Program. It shall be the responsibility of the Program Manager (PM) to appoint a Task Force Canine Training Coordinator (CTC) for the purpose of overseeing all aspects of training and operational readiness of the Task Force Canines. All canines will report to the TF CTC and the CTC shall report to the Search Team Coordinator (STC).
Task Force Search Team Coordinator - The TF Canines are an integral part of the TF Search Component. For this reason, it is critical to the overall success of any mission that the Search Team managers (STM) and the TF Canine Handlers have a clear understanding of the operations of the canines at a disaster site. To ensure this link exists, it shall be the responsibility of the TF CTC to coordinate with the STC all training and exercises in which the TF Canines will participate. It shall be the responsibility of the STC to ensure a STM is on site to evaluate the training being performed and to work with the TF CTC to ensure the operational readiness of this segment of the TF operations. The Search Team Coordinator Should work with the TF CTC to develop joint training exercises between the canines and the Technical Search Specialists (TSS). These exercises should challenge both the abilities of the Canine Search Teams (CST) and the TSS to locate buried victims within debris piles.
Task Force Canine Training Coordinator - The TF CTC shall ensure compliance with the training program developed by the TF to ensure operational readiness of the TF Canines. The TF CTC shall ensure all training of the canines, both classroom and practical, is to meet and maintain program readiness. All training should have specific goals outlined and identified prior to commencement of training. Canine Handlers should have a clear understanding of the training objectives for all training sessions. All training will be setup to permit the TF Canines to pass the Federal Emergency Management Agency Urban Search &Rescue Canine Certification Evaluation (CE or Type I). The CTC shall coordinate, schedule and present all TF Canine training except training sessions delegated to specific canine handlers. The CTC shall be responsible for filing monthly progress reports that will provide the TF PM and the STM with the progress of each canine and handler and the operational readiness of each CST. The CTC shall also be responsible for monitoring the health and well-being of all TF Canines.
Task Force Canine Handlers - It shall be the handler’s responsibility to care for, feed and maintain the TF Canine to ensure operational readiness for any deployment. The TF Canine Handler will be responsible to keep an accurate training log recording dates trained, location, training events and any deficiencies noted in training. The Canine Handler shall coordinate all issues and aspects of the training for the canine. The Canine Handler shall address all operational deficiencies with the TF CTC. The Canine Handler must understand that due to fund deficiencies, any training done with the canine off-duty and not at an authorized training session will not be reimbursed. Canine Handlers are encouraged to work and train the canine during non-authorized training sessions. This will enhance the canine’s training progress and operational readiness. Should any issues arise that cannot be settled between the Canine Handler and the CTC, the STC shall work to settle the issue. If the STM cannot settle the issue, all parties shall meet with the TF PM to bring about a resolution. Should this also fail, it shall be the responsibility of the TF PM to work with the Executive board to bring about a resolution to the issue.
Task Force Canine Training - It shall be the responsibility of each Canine Handler to work with the TF CTC in the development of and maintaining of Task Force Canine Readiness. To achieve this goal, the TF CTC shall schedule all sanctioned Task Force canine training with the Work Group. The CTC will make every attempt to schedule training during non-duty hours to ensure uninterrupted training of the canines and handlers. This #12..
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training can be done at home or at the TF approved training locations. Canine Handlers may schedule or perform canine training on their own time, but the Canine Handler will not be reimbursed for these hours. Once the Task Force Canines are certified Type I (or Certification Evaluation), the canines will begin training with new handlers, chosen by the Task Force CTC and STC in cooperation with the Work Group, to be used as backup handlers in case of illness or other administrative reasons. This cross training will be coordinated by the STC, CTC and Canine Handler of the certified canines. It shall be the responsibility of the Canine Handler to keep a detailed training log of all training conducted both at sanctioned Task Force training events and training conducted on their own time. The training logs will include type of training conducted, location training conducted, type of searches conducted, conditions (weather, winds, time and anything else significant) as well as successes and deficiencies of the canine noted during training. The Canine Handler will be responsible to provide monthly copies of the daily training log to the CTC. It shall be the responsibility of the CTC to provide monthly training logs to the Program Manager for entry into the canine’s training file. The CTC will track all training and any deficiencies of each Task Force canine. The CTC will provide STMs and the PM with a report on the operational readiness of each TF Canine. Should any Canine Handler, in the opinion of the CTC, not work with the Canine as suggested, the CTC shall request a meeting with the STC and the Canine Handler. Corrective action shall be provided to the Canine Handler. The canine and handler shall be monitored for progress.
Should no progress be noted, or the canine is not achieving goals set by the TF CTC, the matter shall be forwarded to the TF PM.
Canine Search Specialist Course - It shall be the responsibility of the TF CTC and Canine Work Group to recommend candidates for attendance at the FEMA sanctioned Canine Search Specialist Courses that are conducted around the United States periodically. All candidates must follow the TF Travel Policy outlined in this manual.
Certification of TF Canines - To meet National Program Mandates, each TF CST must pass the Canine Certification Evaluation for deployment. Attendance at any Certification Evaluation will only occur after the CST has successfully completed a FEMA US&R Fundamental Skills Assessment (FSA). It shall be the responsibility of the TF CTC to coordinate with the STC in the scheduling of an FSA. Should it be necessary to bring in evaluators from outside the TF, the STC shall request in writing to the TF Program Manager for approval of funds for the FSA. The STC and the CTC shall select individuals for the purpose of conducting the FSA. They shall also provide all information to the PM to receive approval and to initiate travel authorization from. Any TF Canine that has successfully completed an FSA shall be cleared to participate in a selected National TF Certification Evaluation.
Once the location has been identified, the TF CTC shall submit the required travel requests to the Program Manager(s) for approval. The CTC or another canine handler (if the CTC is not available) will travel with the CST to be evaluated to help with any administrative issues that arise.
Should any canine be on the TF for a period of one year and not successfully complete the FSA, the canine shall be evaluated by the TF CTC and STM to identify training deficiencies and make recommendations to enhance the canine’s performance. If the canine is still unsuccessful in passing the FSA after an additional three months of training, the TF CTC and two STMs shall evaluate if the canine has the ability to ever successfully complete the FSA and certification process. If, in the opinion of the TF CTC and STMs, the canine does not possess the ability to pass the certification process, they shall forward a written recommendation to the Program Manager for review. The Program Manager shall then tender a recommendation to the Work Group as to the disposition of the canine.
Canine Care, Food and Nutrition - The canine handler is primarily responsible for the care and well-being of the TF Canine. All canines shall be seen by the same Task Force approved veterinarian for continuity purposes. #12..
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Should the need arise for the canine to be seen by a veterinarian for routine or non-emergency care, it shall be the responsibility of the canine handler to inform the CTC of the purpose of the visit prior to the Canine being seen by the veterinarian. Should the CTC be unavailable, the canine handler shall contact the Program Manager. If the PM is unavailable, the canine handler may proceed to the veterinarian and notify the TF CTC as soon as possible of the visit. IMMEDIATE MEDICAL EMERGENCIES should be taken to the nearest veterinarian and the CTC or STC should be notified as soon as possible of the condition of the Task Force canine. It shall be the responsibility of the TF to provide all canine food for each TF canine. The canine handler is responsible for obtaining the food at the Program Office and shall sign for all taken for the TF canine. If in the opinion of the TF CTC additional nutrition is needed by any of the TF canines, he shall make a request for said additional purchases. The PM shall work to obtain the required supplement to ensure operational readiness of all TF canines.
Canine Team Stipends - In order to reimburse Canine Handlers for travel and canine expenses without causing excessive reimbursement requests, CA-TF4 will provide a Canine Handler Stipend of $150 per month to those Canine Teams who have completed a minimum of 75% of Canine Drills as a team in the month.
Deployments - During deployments CST‟s will travel with the Task Force via the provided transportation.
Personal vehicles and work vehicles are not permitted on deployments. The remaining CST’s will help facilitate the deployment of the primary CST and remain ready to deploy or rotate as needed. #12..
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Chapter 13
EQUAL OPPORTUNITY, AFFIRMATIVE ACTION and SEXUAL HARASSMENT POLICY Directive - All members of the Task Force are required to refrain from harassing behavior; members of the Task Force are not to tolerate harassing behavior by anyone.
Rationale - The Task Force is committed to maintaining a work environment that is free of unlawful discrimination. In keeping with this commitment, the Task Force will not tolerate harassment of Task Force personnel by anyone, including any supervisor, co-worker, visitor, or any other person having contact with Task Force personnel.
General Guidelines Definition - Harassment consists of unwelcome conduct, whether verbal, physical, or visual, that is based upon a person’s protected status, such as sex, color, race, ancestry, religion, national origin, age, physical handicap, medical condition, disability, marital status, veteran status, citizenship status, or other protected group status. The TF will not tolerate harassing conduct that affects tangible job benefits, that interferes unreasonably with an individual’s work performance, or that creates an intimidating, hostile, or offensive working environment.
Sexual Harassment - Unwelcome sexual advances, requests for sexual favors, and other physical, verbal, or visual conduct based on sex constitute sexual harassment when (1) submission to the conduct is an explicit or implicit term or condition of work, (2) submission to or rejection of the conduct is used as the basis for a work related decision, or (3) the conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. Sexual harassment may include explicit sexual propositions, innuendo, and/or suggestive comments. Sexually oriented “kidding” or “teasing”, “practical jokes”, jokes about gender specific traits, foul or obscene language or gestures, displays of explicit, foul, or obscene printed or visual material, and physical contact, such as patting, pinching, or brushing against another’s body may constitute harassment. This list is not all-inclusive; other behaviors may be viewed as harassment.
Environment Free From Harassment - All members are responsible for helping to assure a work environment that is free from harassment. Anyone feeling they have experienced or witnessed harassment is to immediately contact their Agency Representative, the Program Manager, or another Task Force officer with whom they feel they can comfortably pursue such a complaint. The Task Force forbids retaliation against anyone who has reported harassment in good faith. Complaints will be handled according to the appropriate sponsoring/participating policy on the matter. In the absence of such a policy, harassment policies of the City of Oakland (and Applicable laws) shall apply.
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Chapter 14
TASK FORCE UNIFORMS
General - No personnel shall modify, change, or add any stickers/decals, or writing to any article of clothing/uniform, helmet, or backpack without the expressed written consent of the TF Program Office. All backpacks and gear bags shall bear an approved method of identification. Name Tags will be issued for BDU clothing. Helmets issued will have a name tag placed on the back of the helmet. Any modification shall be performed only after receiving permission from the Program Manager or their delegate.
Uniforms & Gear Bag - Task force issued equipment shall be stored at the CA-TF 4Program Office/warehouse. Upon deployment, each member shall integrate any personal items into their issued equipment gear bags. Some members, such as canine search specialists, who use their gear frequently, may be permitted to store issued gear at home, provided that the equipment is secure. All personnel are to follow the guidelines to pack and prepare their equipment for deployment.
Exchanging, Trading or Selling Property that belongs to the Task Force - Task Force members are reminded that all Task Force equipment is the property of the Task Force and/or FEMA and is accountable to the federal government for audit purposes. Task Force members are prohibited from exchanging, trading or selling any article of the Task Force uniform. Any member found to have sold or intentionally destroying property belonging to the Task Force shall be removed from membership.
Mission Issued Equipment - All equipment issued to personnel at the time of deployment shall be returned when the Task Force returns to the MOB Center. Personnel are prohibited from taking equipment home that was issued mission specific.
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Chapter 15
TASK FORCE DRIVER PROGRAM
General - Any personnel desiring to serve as a driver shall file a written request to the TF logistics/transportation work group.
Selection Process - Overview CA-TF 4maintains a fleet of over-the-road type vehicles for the transport of the equipment cache for training activity and/or upon deployment. These vehicles include combination semi-tractor trailer vehicles and van trucks. The combination semi-tractor trailer vehicles and box trucks require commercial driver’s licenses (CDL‟s) in order to be driven by task force personnel. The combination semi-tractor trailer vehicles require a Class A operator’s license and the box trucks require a Class B operator’s license. CA-TF 4follows the regulations set forth by the Department of Transportation and requires that drivers be knowledgeable of rules of the road, driver’s hours of service regulations, equipment inspection and air brake operating procedures, hazardous materials regulations, emergency procedures, and defensive driving techniques for over-the-road vehicles.
CDL Licenses - Information on commercial driver’s licenses is available by contacting the California Motor Vehicle Department or visiting their website. Personnel authorized by CA-TF 4 to operate task force commercial vehicles shall obtain or have obtained a CDL on their own. The task force will not subsidize the costs of obtaining a CDL, but will assist with the use of vehicles, fuel costs, and instructional personnel associated with driver’s testing to obtain a CDL. Personnel desiring to obtain a CDL shall follow all applicable rules and regulations as outlined by the California Motor Vehicle Department and/or the Federal Department of Transportation for commercial vehicles. This shall include all necessary written and practical exams as administered by the motor vehicle department which include, but may not be limited to, rules of the road examination, air brake examination, vehicle inspection examination, hazardous materials examination, medical screening certification, and practical road test.
1. The TF may provide a vehicle for use for the practical road test portion, if needed.
2. The TF reserves the right to limit the number of CDL qualified drivers in the task force driver pool.
Driver’s Qualifications - The task force desires personnel with current or recent prior experience in the operation of commercial vehicles and the rules that govern over-the-road operations. This includes knowledge of determining proper routes of travel for commercial vehicles, vehicle and highway weight limitation, weigh station procedures, daily vehicle inspection procedures, driver’s daily logs, and operation of engines and transmissions of over-the road type vehicles. TF CDL drivers should be at least 23 years of age, be in good physical condition and hold a valid commercial vehicle medical examination card.
Application Process - Personnel possessing the appropriate qualifications for commercial vehicle operation may complete an application to become a driver for the task force. Each driver shall submit a copy of their current CDL driver’s license with appropriate endorsements, medical examination certification, driving record (can be obtained at the California Motor Vehicle Department), and report any previous driving violations as directed in the application whether or not the violation occurred while operating a commercial vehicle. Applicants with excessive or felony driving violations will not be eligible to drive for the task force. Any prior violation involving the use of alcohol or drugs shall exclude the applicant from obtaining driving privileges with the task force.
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Additional Task Force Qualifications - Qualified applicants shall be required to perform a practical examination for vehicle inspection and operational road test of task force vehicles by designated task force examiners. A copy of the practical road test and vehicle inspection is required to be maintained in the drivers file for each driver.
This information shall be designated externally on the members personnel file within the Task Force Program Office.
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Chapter 16
CONVOY STANDARDS for TASK FORCE VEHICLES
General - During the planning phases for any deployment the drivers should be briefed concerning all aspects of the deployment. The briefing should include a clear understanding of the route to be driven, alternative routes should the need occur, contact phones for all Task Force Leaders, Logistics Team Managers, and Safety Officers. The briefing should also advise personnel of procedures for handling weigh stations and state truck enforcement issues and any concerns on weights with the primary route.
Convoy - The convoy shall be arranged with a lead vehicle followed by the slowest vehicle in front. The convoy should make every effort to stay within 1-mile separation between the vehicles for communications purposes. It is preferable to have vehicles convoy in the following manner:
Type I Deployment
• Pick-up Logs (1)
• Command Vehicle Box Trucks (2)
• Tractor Trailer (2)
• Buses (2) Rentals
• Pick-up Rescue (1)
• 22’ Enclosed Trailer Tilt Bed Forklift Trailer
Type III Deployment
• Pick-up Logs (1)
• Command Vehicle Box Truck (2)
• Tractor Trailers (1)
• Bus (1) or 12 Passenger Vans (2) Rental
• Pick-up Rescue (1)
• 22’ Enclosed Trailer
Driver Rotation - It shall be the responsibility of the Driver Team Manager to coordinate the rotation of the drivers, conduct periodical checks of drivers for fatigue, medical concerns or any other issues that may be affecting the performance of the drivers. If in the opinion of the Driver Team Manager a driver is showing signs or symptoms of fatigue, the driver shall be relieved to rest and another will be assigned to operate the vehicle.
Cargo Inspection - It shall be the responsibility of the driver to inspect the cargo at all fuel stops and any other times a load shift may have occurred.
Vehicle Safety Inspection - It is the responsibility of the driver to perform an inspection of the brakes (including air lines for possible leaks), lights, windshield wipers, all fluids, and all warning devices for the vehicle at each stop. The driver shall also perform a safety inspection at the beginning of each day. Any problems should be reported on the appropriate form and provided to the Logistics Team Manager. #12..
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Chapter 17
MEDICAL RECORDS and USE of at TIME of DEPLOYMENT
General - To comply with program mandates each Task Force member must undergo a physical every two years.
If the Task Force member is a member of the Sponsoring Agency, their records will be maintained at the medical facility and documentation from the sponsoring agency will be provided that the individual is fit for duty. All affiliated members will be provided a physical at a medical clinic selected by the TF.
Medical Records for Deployment - Medical records will only be used by the Medical Team for deployment purposes. The medical records shall be reviewed by the Medical Team Manager or his/her designee in determining whether a member is deployable and/or to ensure the proper care during deployment.
Denial of Deployment for Medical Reasons - The pre-deployment evaluation will be performed with each TF member by a medical team member prior to the deployment. The initial evaluation will be reviewing the Medical Check-in Sheet filled that was completed by the Task Force member upon sign in. The medical evaluation will include vital signs, exam of the ears, nose and throat of the Task Force member. If cleared medically the Task Force member will receive a blue wristband. The Task Force member will leave one copy of the Task Force tracking form at the Medical Exam Rooms. An authorized member of the Task Force may remove the member’s medical record for review by the Medical Team Manager once they arrive on site. The Task Force Medical Team Manager will call the member back for an additional exam. The Medical Team Manager will call the member into the exam room where they will discuss any concerns or questions the Medical Team Manager may have regarding the member. Some of the parameters that may result in the Task Force may be placed in a “No Go‟ status:
1. Uncontrolled hypertension (Defined as a systolic pressure of above 150 or a diastolic pressure above 100, or a pulse above 110)
2. Uncontrolled Diabetes
3. Un-manageable diabetes secondary to medication issues Acute Viral Syndrome (Active URI, etc.)
4. Acute Gastroenteritis (Bacterial or Viral)
5. Any medical condition (acute or chronic) in which excessive medical time and resources are required from the Medical Team Manager
6. Any medical condition that would place the Task Force member of other members of the Task Force at risk or danger
Denial for Deployment Procedure - If the deploying Medical Team Manager believes a member should not be deployed, they will be advised as to why, and isolated from other team members if necessary. A meeting with the Program Manager, a deploying Task Force Leader, Safety Officer and Medical Team Manager will be conducted to discuss the deployment status of the individual(s) being denied deployment. The Medical Team Manager shall present the issues, with justification to the Task Force Leader and the Program Manager. Should these members support the recommendation of the Medical Team Manager, the member will not deploy, and the decision will be relayed to the Task Force member in a secure setting. This decision shall be final. #12..
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Chapter 18
FAMILY SUPPORT UNIT
General - The Family Support Unit (FSU), composed of significant others of members, will work to support the Task Force and the families of the deployed members during any deployment. The FSU will have a representative to attend a briefing with the TFL or designee prior to or ASAP after the team deploying to develop a briefing schedule for the duration of the mission. It will be the responsibility of the FSU to contact the team members who will be responsible for passing on briefing information to deployed member’s family to ensure that all members are prepared to perform their responsibilities. The Task Force Leaders or designee shall provide information to the FSU Team Leader daily for dissemination to family members.
Unit Composition - The Unit shall consist of two (2) Family Support Unit representatives who are responsible for coordinating all information with the unit. There shall be at least five (5) Family Support Unit Members on each unit to contact deployed Task Force members.
Emergencies at Home - Should an emergency arise at home, the family member should contact their Family Support Unit liaison to notify them of the type of emergency and the FSU representative will contact the TF Program Office advising of the emergency and what support actions at home have been initiated. The FSU representative shall work with the PM until the matter is resolved at home. #12..
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Chapter 19
WORKERS COMPENSATION
General - All members when deployed are sworn in as Temporary Excepted Volunteers for the purposes of coverage for Federal Workers Compensation and Tort Claims protection. When a member arrives for deployment, they must sign the I-9 Appointment Affidavit and undergo the Oath of Office to ensure they are covered under the Federal Workers‟ Compensation Act and the Federal Tort Claims Act.
Coverage - When members are participating in FEMA sanctioned training, a FEMA Operational Exercise (ORE) or as a member who has been alerted and directed to report to the Program Office, or when the Task Force has been “Activated”, they are placed under the Federal Employees Compensation Act and the Public Safety Officers Death Benefit Public Law No. 90-351, Title I, Part L, 42 U.S.C. Chapter 46, Chapter XII. All Task Force members are afforded coverage for the Federal Employees Compensation Act and Public Safety Officers Death Benefit through 44CFR208.
Reporting Injuries - It is the responsibility of every Task Force member who is involved in any of the events to report all injuries to the Medical Team Manager, Medical Specialist or the Lead Instructor at the time of the injury or illness. It shall be the responsibility of the Medical Team Manager, Medical Specialist or the Lead Instructor to complete the federal injury form CA-1 and CA-7 (if requested) for the purpose of filing for coverage under the Federal Workers Compensation. It is the responsibility of the Task Force member to supply all documentation to the Medical Team Manager, or designee, to ensure the claim can be submitted for coverage.
Failure to supply all requested documents, information or forms may result in denial of the claim by the Federal Department of Labor. Review of Department of Labor policies, procedures and form changes is the responsibility of the program office and changes shall be noted immediately.
Task Force Member’s Responsibility - If a member has received an injury during any event, and requires medical care, he/she shall contact the Medical Team Manager, Medical Specialist or the Program Manager as soon as possible to make notification of the need for medical care. It is the responsibility of the member to provide all supporting documentation to the Program Manager as soon as possible. Should the Member require hospitalization, the Task Force Medical Team Manager or his/her designee shall ensure all local and federal forms and documentation are completed with the appropriate agencies.
Local and Federal Coverage - It should be noted that 44CFR208 does not restrict any member from filing a local claim in the event of an injury. The members may collect either the incremental difference between federal benefits and local benefits, or may collect local benefits in full, depending on whether the local benefits may be offset by the Federal payment to the member (44CFR, page 9186). At all times a members own agency must be included in the reporting of any injuries.
Notification of Coverage to Task Force Members - It is the responsibility of the Program Manager to ensure that all new members are aware of the coverage afforded to them and the system in which they are to make a claim should the need arise.
Report to Executive Board - It is also the responsibility of the Program Manager to provide a report on all Workers‟ Compensation Claims made by a member and to provide progress reports on all claims that have been submitted to the federal government to the Executive Board. #12..
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Chapter 20
TEAM ACTIVATION and ROTATION SYSTEM
General - Upon a member achieving deployable status they will be assigned to one of the teams that make up the Task Force. Members will be assigned by the position they qualify for and where there exists a vacancy.
Rotation - The Task Force will establish a rotation of the teams (Red, White, & Blue). Each team will be responsible for deploying should activation occur during a defined period. This period of time shall be referred to as “on-call” for clarification. Members who will be on call for a month will be notified by the 29th of the previous month. A Communicator message shall be performed to notify members of their responsibility for the defined period.
Example: On April 25 the Task Force Communicator will contact all Task Force members advising that the “Red Team” is on-call for the month of May. If you are available for the month, you will need to confirm.
Period of Non-Availability for Deployment - Should a Task Force member acknowledge the notification that they are available for the month, yet they know there will be a period of time they will be unavailable for a deployment due to vacation, other leaves approved by their employer, or for any reason that makes them unavailable, they shall contact the PM to provide those dates they will be unavailable for the month they are “oncall”.
Failure to Acknowledge Notification - Members that fail to acknowledge the process the Team Manager will have 24 hours to make contact after which they may be replaced.
Alerts for Local, State or Federal Deployments - Should the Task Force receive a request to alert personnel for a possible deployment, the communicator will notify all Task Force members of the alert. Those members who are on the roster for the month shall be responsible for following the directions of the communication system to acknowledge availability for the deployment. Those members who are “on call” and acknowledge the Alert notification shall be rostered for a possible deployment. Should any member fail to acknowledge the alert within 30-minutes he/she shall be replaced on the roster. All team members should acknowledge their availability even if they are not “on call” for the month as to provide alternates for a deployment should the need arise.
Activation - Once activated the team that is “on-call‟ for the month shall be deployed. Code Red will be utilized for notification and should any member fail to acknowledge the activation within 10 minutes, the member shall be removed from the roster for deployment. The following system shall be utilized for deployment purposes. • Should any member of the Sponsoring Agency fail to acknowledge the activation page, the Task Force Leader for the Sponsoring Agency shall make the replacement. The replacement can only be deployed if they have met all deployment requirements of the Task Force and for the position. • Should any member of the Participating Agency fail to acknowledge the activation page, the Agency Representative shall have 10 additional minutes to fill the position that is vacant. The replacement can only be deployed if they have met all deployment requirements of the Task Force and for the position.
• Should any participating agency be unable to fill the vacancy, the position shall be open to the first agency that can fill the vacancy with a member that has met all of the requirements of the Task Force for deployment and can meet the position requirements for that position. #12..
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Multiple Incidents for Failure to Acknowledge Notifications - Should any member have multiple failures to respond to a notification, the appropriate team manager shall bring the matter to the attention of the PM. All members who have failed to respond to notifications will be contacted by the team manager to ensure that the program expectations are clear and to verify that all contact information is correct for the Communicator (and any notification) system.
Multiple Activations during the same month - Should any team be activated and deployed for a mission, regardless of the length of the mission, upon return of that team it will move to the bottom of the rotation.
Financial Practices - The financial practices of the Task Force shall follow all federal and state laws.
Cooperative agreement budget for statement of work development process - Annually the cooperative agreement and statement of work will be developed as required by program office staff and their guidance.
Expenditures monitoring - Cooperative agreement funding expenditures will be made using City of Oakland purchasing and spending processes. All bidding and procurement for Task Force items will meet the Oakland purchasing requirements as defined in the policy. Purchases shall be made as approved by FEMA in the annual statement of work and cooperative agreement budget. Invoices will be submitted to the department’s Grant Manager for review prior to approval by the Program Manager for payment. The annual US&R budget shall be approved by the Program Manager and reviewed by the Executive Board. The program expenditures will be subject to regular OFD internal and external audits.
Task Force member compensation agreements & process - At the direction of the sponsoring agencies, all individual compensation agreements will be renewed annually. Task Force members who participate under such an agreement will be contacted by CA-TF 4 with the FEMA/Federal compensation rate used for their individual agreement. Once the signed agreement is received by the CA-TF 4 Program Office it will be submitted for review by the Sponsoring Agency. Each agreement will be reviewed by the Oakland Fire Department CFO and the City of Oakland Attorney’s office before being executed by the CA-TF 4 Executive Committee. #12..
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Chapter 21
COOPERATIVE AGREEMENT ADMINISTRATION
Annual agreement preparation - The Cooperative Agreement is for Annual Task Force Preparedness measures required to respond to a national US&R disaster activation within a 4-hour mobilization time frame for an overthe-road response and 6-hour mobilization time frame for an air response.
Reimbursements of disaster response activities are accomplished through a separate Cooperative Agreement specifically for that purpose. Under the continuing agreement, the sponsoring agency may use funding to accomplish tasks required under the Annual Preparedness Cooperative Agreement funding.
Legislative requirements – When notified of an available US&R Cooperative Agreement the CA-TF 4 Program Office will prepare a Council Report, and Council Resolution, for the Oakland City Council. The report and resolution will request permission to apply, accept and appropriate cooperative agreement funds from the Federal government. In the Council Report will be a brief description of the CA-TF 4 program, the need for continued funding, an outline of how the funds will be spent, and the amount available.
Agreement reporting - For each performance period, the program office will establish the reporting expectations.
CA-TF 4 provides periodic reports, and close out reports as required.
Budget preparation - Requisitions, purchase orders and payment vouchers are created. Originals are stored in the City of Oakland finance offices and can be retrieved upon request if needed. Personnel payment records are created to allow for routine monitoring of expenses related to the Task Force.
Budget approval process – Frequently used working documents of the Task Force are kept in the administrative offices of the Sponsoring Agency. These documents are available for reference and use as needed by staff.
Agreements are developed CA-TF 4 and the City of Oakland Attorney’s Office, using the processes defined by the Oakland Fire Department, with appropriate copies on file in the CA-TF 4 and OFD offices. The annual budget is developed by staff, reviewed by the US&R Executive Committee, incorporated into and approved by the PM.
Documentation retention & storage - Original Task Force documents are retained for the time periods as required by state & federal law and are stored in the CA-TF 4 offices. Boxed records can be retrieved as needed by CATF 4 staff. All other documents may be retained electronically in archive. #12..
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Chapter 22
PUBLIC RELATIONS
Non-Emergency Activities - In the non-emergency periods between activations, CA-TF 4 will initiate fundamental media-related public awareness activities. These activities consist of conducting interviews, briefings, and onsite tours; developing press releases, media advisories, stock photos, and "file footage" of US&R Operations and feature stories; and cultivating contacts with media representatives.
At the local level, the organizations sponsoring a FEMA US&R task force should maintain regular communications with the media using the national policy as a guideline, while publicizing and highlighting their local jurisdiction's specific capabilities. In addition to handling media relations for their own emergency services, the sponsoring agency must serve a dual role as a contact with the local media for their task force and an initial contact for the National FEMA National US&R Response System.
CA-TF 4 will work on performing the following tasks:
• Develop internal media procedures to support a task force mobilization including a central point of public information coordination for the sponsoring agency (especially for state/regional task forces) and procedures for family liaison (periodic updates/notifications) during missions, etc. • Provide familiarization training for all task force personnel on general media procedures, the Joint Information System/Joint Information Center (JIC) concepts of operations, and issues and guidelines including interview “Do's and Don’ts.”
• Provide more in-depth training for task force supervisory personnel on media interaction including practice in conducting effective interviews.
• Coordinate public information efforts regarding the FEMA National US&R Response System (i.e., background articles, news releases, media events, World Wide Web pages, etc.), through the Statestates, FEMA Regional External Affairs officers (EAO), and FEMA Headquarters Office of External Affairs at (202) 646-4600.
• Use FEMA-prepared/formatted program releases or fact sheets that convey the national message (localized to reflect the needs of the sponsoring agency). • Work with the States and FEMA Headquarters Office of External Affairs to facilitate ongoing public awareness of the FEMA National US&R Response System. • Invite the media to appropriate training exercises and develop news stories relating to local US&R incidents.
• Forward requests for media transportation on federally supplied aircraft to the FEMA Office of External Affairs
System Implementation - When a notice event (such as a hurricane) is imminent or a no-notice event (such as an earthquake) occurs, CA-TF 4 will provide facts to and answer questions for the local media based upon the information provided them by FEMA Headquarters Office of External Affairs. #12..
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During an activation CA-TF 4 will:
1. Establish a process for regular contact with FEMA Headquarters Office of External Affairs (e.g., by facsimile, contact phone number, electronic mail, etc.);
2. Contact local media representatives regarding the activation of the task force; • Be prepared to respond to requests from other media representatives limiting any response to task force related activities only, all other inquiries should be directed to FEMA Headquarters Office of External Affairs
• Establish contact with public affairs officials at the designated Point of Departure (POD) identifying expected media interest (e.g., interviews, media access restrictions, etc.).
Coordinate national media contacts with FEMA Headquarters Office of External Affairs • Participate in the task force's initial briefing at the Point of Assembly (POA) or POD, reviewing appropriate media guidelines (e.g., Do's and Don'ts, information flow, interviews, etc.)
• Be present at the POA and/or POD. Coordinate all media activities and interviews • Activate family liaison procedures to update task force members' families on a scheduled basis
• Provide assistance and guidance to family members should they be contacted and/or interviewed during the course of a mission
• Maintain contact with officials at FEMA Headquarters Office of External Affairs to ensure the timely transfer of information from FEMA related to the task force's ongoing operations while on assignment.
Media-Related Information Flow - FEMA Headquarters Office of External Affairs, through the National JIC, will provide task force/sponsoring agency public information officials with advance notification on the transition from FEMA Headquarters to the JFO, and vice versa. The notification will include the JFO facsimile and telephone numbers along with any other relevant information. For more information on the JIC operations and relationships, refer to the latest version of the FEMA Emergency Information Field Guide.
Point of Arrival/Mobilization Center - When task forces are activated and deployed, the POA may not be assigned until the team is en route to the disaster area. Therefore, the POA may be the receiving airport, the mobilization center, or the staging area. This receiving facility should establish a public information official who is responsible for managing all media activities at this location. This could include managing media filming, videotaping and still photography of the activities of incoming task forces, providing background information on the specific task forces and the FEMA National US&R Response System, as well as coordinating interviews with task force personnel.
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assistance to local jurisdictions. The relationship between the IST Public Affairs representative and task forces operating in the field can vary widely depending on the magnitude and scope of the disaster. Specifically, the size of the area where task forces are operating will impact on the amount of direct interaction between the IST and the task forces. On small areas, the IST may take a more direct role in the incident, whereas on large-scale incidents, where the impacted area is widespread, the IST may take a less direct management role with the task forces. Depending on the situation, media contacts while on assignment will vary. The FEMA Headquarters Office of External Affairs will attempt to have an on-site presence at the IST; however, situations will be different on each disaster. In most cases, the IST will be the primary contact between the task forces and the FEMA Headquarters Office of External Affairs. A coordinated information management system will be used to channel official information on the US&R participation in the incident from the IST to the FEMA Headquarters Office of External Affairs, Regional EAO, or the ESF-9 representative in the JFO or the JIC.
At the same time, task forces operating at various sites may be requested to provide information to the local media through the local incident commander. This information should focus on the task force’s current status and work assignment and not necessarily on the total US&R mission, as the incident may be so large that no one task force can keep an accurate status of the large incident picture. Irrespective of the size and scale of the incident and the interaction between the IST and task forces operating in the field, the IST will be the official contact point for the status of the task forces through situation reports and will disseminate official information on the operations and progress of the mission through official FEMA channels All FEMA US&R task force personnel should use the following media interaction guidelines while on mission assignment:
1. Any media inquiry made to a task force member should be directed up the task force chain-ofcommand to a team manager or task force leader (TFL)
2. TFLs and team managers should strive to coordinate media interaction within the constraints of the local jurisdiction's Incident Command Post (ICP) requirements for public information dissemination. The local ICP should have a Public Information Officer (PIO) assigned who will coordinate these issues at the incident
The TFL should coordinate information exchange and release between their task force and the FEMA Headquarters Office of External Affairs representative and the local PlO assigned to the ICP. This would include coordination of media activities and access during search and rescue operations; • Task forces should include media contacts at their level in their situation status reports to the IST;
NOTE: Task force personnel shall not release visual or audio materials of their operations to the media without permission from a FEMA EAO representative; and Task force personnel should have all material placed on the Internet screened and approved by a representative from the FEMA Headquarters Office of External Affairs or EAO prior to publication.
In the absence of FEMA representation, task forces should request permission from the ESF-9 representative in the IST.
At times it may not be feasible or practical to defer media inquiries up the chain-of-command to the local jurisdiction. It is in everyone's best interest to provide accurate information (within the confines of one's job knowledge and responsibility) to the media in a timely manner. Also, the local jurisdiction's ICP and/or PlO may request various task force personnel to assist in media inquiries and interviews during the course of operations. #12..
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In these instances, all task force personnel should use the listed guidelines and every attempt should be made to notify the on-site FEMA EAO in advance. Questions beyond the local team's area of responsibility will be referred to the on-site FEMA EAO representative or IST, as appropriate.
When a task force is demobilized, the public information official from the sponsoring agency should perform the following duties:
• Contact FEMA Headquarters Office of External Affairs to coordinate the task force's return schedule and arrival at the original POD. FEMA Headquarters Office of External Affairs will in turn inform the respective Regional EAOs to provide public affairs support for the return. • Contact the public information official at the POD (e.g., air base, airport, etc.) to coordinate task force arrival schedule, media attendance, and coordination. • Coordinate all media activities during task force return, including interviews, photo opportunities, etc.
• Schedule and conduct news conferences with selected task force personnel for the media one or two days after their return (if appropriate).
• Coordinate with FEMA Headquarters Office of External Affairs on what photographs, video, and other documentation from the mission can be released to the local media. • Collect appropriate news clippings and video footage of task force accomplishments (if appropriate). Significant or extraordinary items should be forwarded to FEMA Headquarters Office of External Affairs in a timely manner.
• Review and critique the overall media management and coordination. • Document strong and weak points.
• Develop lessons learned and incorporate into the sponsoring agency's procedures for future improvement.
• Submit recommendations and concerns to FEMA Headquarters Office of External Affairs.
Each task force as well as IST members should exercise prudent judgment in the use of photographs and videotape obtained on a mission. Use of these assets can be very beneficial in training situations and making public presentations to validate the task force, however, task force personnel should remember that the outside use of some graphic photographs and video tapes could be disturbing to some civilians and have a negative impact should they be viewed by relatives or friends of the survivors or victims of the disaster. This type of documentation should be reserved for official task force internal use. Also, in some instances, copies of all written documentation, photographs, and videotape may be requested by FEMA and other investigating authorities for use in litigation and other after-effects of the incident.
Media Management Suggestions - The following items are recommended guidelines during an interview:
1. Ask the reporter’s name. Then use it in your response. #12..
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2. Use your full name. Nicknames are not appropriate.
3. Choose the site (if possible). Make sure you are comfortable with the location of the interview.
Consider what is in the background.
4. Choose the time (if possible). If you would be more comfortable waiting another five minutes, ask the reporter if that's okay.
5. Be calm. Your demeanor and apparent control of the situation are very important in establishing the tempo of evolving events.
6. Tell the truth.
7. Be cooperative. There is an answer to most questions, and if you don’t know it now, let them know you will work diligently to determine the facts needed.
8. Be professional. Don’t let your personal feelings about the media, or this reporter in general, affect your response.
9. Be patient. Expect dumb questions. If the same question is asked again, repeat your answer without irritation.
10. Take your time. If you make a mistake during a taped or non-broadcast interview, indicate that you would like to start over with your response, if appearing live, just start over.
11. Use wrap-around sentences. This means repeating the question with your answer for a complete sound bite.
The following items are examples of what not to do during an interview:
1. Say "no comment".
2. Give your personal opinion. Stick to the facts.
3. Go off the record. Anything you say can and will be used against you.
4. Lie. To tell a lie unintentionally is a mistake. To intentionally tell a lie is stupid.
5. Bluff. The truth will come out.
6. Be defensive. The media and their audience recognize a defensive attitude and tend to believe you're hiding something.
7. Be afraid. Fear is debilitating and is not a characteristic you want to portray.
8. Be evasive. Be up front on what you know about the situation and what you plan to do to mitigate the incident.
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9. Use jargon. The public is not familiar with much of the language used in the US&R field.
10. Confront. This is not the time to tell a reporter how much you dislike the media.
11. Try to talk and command an incident at the same time. You won't do either well.
12. Wear sunglasses.
13. Smoke.
14. Promise results or speculate.
15. Respond to rumors.
16. Repeat leading questions.
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APPENDIX 1
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APPENDIX 2
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APPENDIX 3
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APPENDIX 4
National Urban Search and Rescue Response System Code of Conduct National Urban Search and Rescue (US&R) Response System (the System) personnel are representatives of a well-organized, highly trained group of specialists who are assembled to help communities in need of assistance.
The actions of these personnel are a direct reflection on FEMA, their Sponsoring Agency, their fellow System members, and themselves.
It is the responsibility of each System member to abide by this Code of Conduct during any System activity (to include response operations, meetings and other events), and accordingly they will:
• Keep constantly in mind the value of life and the welfare of survivors. • Remain cognizant of considerations regarding race, religion, gender, and nationality.
• Demonstrate proper respect for other assigned personnel. • Not possess or use alcohol, and/or drugs illegal under Federal law. • Not possess or use firearms.
• Understand, respect and adhere to the established chain-of-command and follow its direction at all times.
• Procure equipment using established policies and guidelines, and will not utilize or remove property without official authorization.
• Demonstrate respect for public and private property.
• Maintain a state of readiness, even when unassigned.
• Adhere to the established dress code and requirements for personal protective equipment. • Abide by Federal policies and regulations regarding the handling of sensitive information. • Abide by FEMA directives on appropriate social media use. • Not take, or threaten to take, actions in retaliation for whistleblowing actions as established by applicable laws and regulations.
• Adhere to ethics guidelines and not abuse authority and/or position. • Project and embody professionalism at all times.
Each System member is required to review, become familiar with, and acknowledge receipt of this Code of Conduct by signing it below.
___________________________________________________
Signature Date
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
June 3, 2025
Date: May 13, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Kevin Wise, Fire Chief
SUBJECT: California Office of Emergency Services Portal – to – Portal Reimbursement CONTACT: Kevin Wise, Fire Chief, [email protected], 209-572-9590 DESCRIPTION:
Consider approving the terms and conditions required by the California Office of Emergency Services for Reimbursement of City costs for Modesto Fire Department’s response to incidents outside of the jurisdiction. (Funding: Not Applicable)
STRATEGIC PLAN ELEMENT:
This action supports the City of Modesto 2020-2025 Strategic Plan focus on quality of life under Goal A: Improve Community Safety.
BACKGROUND:
The Modesto Fire Department (MFD) receives and fills requests from the California Office of Emergency Services (Cal OES) for mutual aid/strike team fire resources numerous times throughout the year. These requests require the use of MFD personnel and apparatus, taking away these resources from their official duty station and assigning them to emergency incidents outside of Modesto and Stanislaus County. These requests are filled based on the department’s current situation which includes staffing levels, apparatus availability, current and predicted fire weather, and the potential threat to human life and property.
DISCUSSION:
The attached draft of a City of Modesto Resolution is required by Cal OES for Modesto to receive reimbursement from the State for the apparatus and personnel sent to assist in mitigating the various disasters the state faces on an annual basis. Below are the terms and conditions the State requires the City to accept in the resolution for reimbursement to the City:
- Reimbursement will be used for personnel compensation, equipment use, repair, and replacement, and allowable administrative costs.
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City Council, June 3, 2025
California Office of Emergency Services Portal – to – Portal Reimbursement