HomeMy WebLinkAboutState of Iowa, Dept. of Public Defense, Homeland Secuirity, Emerg. Management-Memo of Agreement-02.11.2008 RGo -/w a-a°e- Ip
IOWA TERRORISM /WEAPONS OF MASS DESTRUCTION
HAZARDOUS MATERIALS RESPONSE TEAM
MEMORANDUM OF AGREEMENT
IDENTITY OF THE PARTIES
This Memorandum of Agreement is entered into this // day of /e 6f'u
20 , by and between the State of Iowa, Department of Public Defense, Homeland
Security and Emergency M n gement Division, hereinafter referred to as HSEMD, and
1 +y� 00 ''rr kiu f J oU , hereinafter
referred to as the Sponsoring Organization.
II. PURPOSE & SCOPE
The purpose of this Agreement is to delineate responsibilities and procedures for
development, maintenance, and deployment of a homeland security emergency
response team, under the authority of Iowa Code section 29C.8 and 605 Iowa
Admin. Code ch. 12, to enhance state-wide capabilities for response to statewide
Hazardous Materials [HAZMAT] incidents involving weapons of mass destruction
or terrorist activities.
Under this Agreement, the Sponsoring Organization agrees to develop and
maintain a homeland security emergency response team with specialized
equipment and training designed to enhance statewide HAZMAT response
capabilities (including chemical, biological, radiological, nuclear, and explosive
[CBRNE] agents) for use in situations believed to involve intentional acts of
terrorism and/or use of weapons of mass destruction [WMD]; to apply to HSEMD
for formal recognition of the Team; and to deploy outside its original jurisdiction for
terrorism and/or WMD incidents when formally requested by the Governor or
HSEMD, unless the Sponsoring Organization's Team is needed to perform
emergency services within its own jurisdiction.
HSEMD agrees to provide technical assistance and available funding to assist
development and maintenance of the Team; to utilize the Team when deemed
appropriate and necessary; and reimburse the Sponsoring Organization for
expenses related to state deployment of the Team as allowed by law and the
terms of this Agreement.
The provisions of this Agreement apply only to activities performed by the team
during HSEMD sanctioned training and exercises, and state deployment for
emergency response initiated by the Governor or HSEMD.
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III. DEFINITIONS
a. Activation: the process of deploying Team resources and members on an emergency
response to a designated site. Activation may involve deployment of the full team or
a portion of team resources.
b. Deployment: the period of Team activity, including all activities performed during an
emergency response, from time of activation until such time as all Team personnel
and assets return to their point of departure. Deployment also includes training and
exercise activity from the time of commencement to completion and return of Team
Personnel and assets to their point of departure.
c. HLSERT: a homeland security emergency response team recognized by the
Administrator of HSEMD pursuant to Iowa Code section 29C.8 and 605 Iowa Admin.
Code ch. 12.
d. HSEMD: Homeland Security and Emergency Management Division of the Iowa
Department of Public Defense.
e. Incident Commander: the individual in-charge of coordinating on-site response
activities; under normal circumstances this individual will be the on-scene ranking
officer representing the agency with incident jurisdiction who performs the command
functions, including the development and implementation of incident objectives and
strategies and allocation of resources.
f. Leadership council: advisory group made up of one representative designated by
each Sponsoring Organization developing or maintaining a HAZMAT HLSERT and
one representative designated by the Administrator of HSEMD.
g. Local deployment: the activation and deployment of Team resources to a designated
site as initiated by the Team Leader or Sponsoring Organization to respond to
incidents within the originating jurisdiction or at the request of another local
jurisdiction, without a directive from the Governor or HSEMD.
h. Operational Equipment: specialized equipment which is required for safe and
efficacious Team operations.
i. Out-of-Pocket Expense: an expense incurred by an individual Team member during
state deployment i.e. housing, meals, and incidental expenses.
j. Personal Equipment: that equipment which is brought by a Team member for
personal support. This equipment is taken by the Team member to support his/her
own self-sufficiency requirements.
k. Point of Departure: the pre-determined location at which Team personnel and assets
are staged in order to prepare for deployment.
I. Sanctioned training: training and exercise activity performed by the Team or Team
members at the direction, control and funding of HSEMD or a Sponsoring
Organization with prior authorization from HSEMD, designed to develop and maintain
the specialized response capabilities of the Team. Sanctioned training may take
place within or outside of the state.
m. State: the State of Iowa, the Governor, or any department, agency or bureau of Iowa
state government which the Sponsoring Organization reports or corresponds.
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n. State deployment: the activation and deployment of Team resources for emergency
response pursuant to a Governor's disaster proclamation or by a directive of the
Administrator of HSEMD. Team activities shall be considered to be related to an
emergency response from time of activation, until such time as all Team resources
return to their point of departure. State deployment also includes activities performed
during HSEMD sanctioned training or exercise.
o. Team: the personnel, equipment, and other resources designated the Sponsoring
Organization to comprise the HLSERT. Iowa residency is not required for team
membership. In order to be eligible for state deployment, the Team must be
recognized by the Administrator of HSEMD pursuant to Iowa Code section 29C.8 and
605 Iowa Admin. Code ch. 12.
p. Team Leader: the designated individual responsible for team training, credentialing,
resource typing, equipment maintenance, mobilization, and tactical direction of the
Team.
q. Team members: response or support personnel assigned by the Sponsoring
Organization or Team Leader to the Team. In order to be recognized as Team
members during a State Deployment, individuals must be listed on the Team roster
provided to HSEMD at the time of Team registration or deployment.
r. Unified Command: One of two methods of performing the command function that
employs multiple ranking personnel. Unified command NC] is used when an incident
affects multiple political or legal jurisdictions and/or involves several responding
agencies with contrasting functional responsibilities and missions.
IV. RESPONSIBLITIES OF THE PARTIES •
a. HSEMD agrees to:
1. Coordinate 24/7 communications related to the Team formation and activity
between the State of Iowa, the Sponsoring Organization, other local jurisdictions,
and other relevant governmental and private parties.
2. Provide technical support to the Sponsoring Organization and the Team Leader to
assist with development and maintenance of the Team to ensure an appropriate
level of readiness.
3. Designate a representative to serve on the leadership council.
4. Provide technical assistance and staff support to the leadership council.
5. Process the application for recognition of the Team, pursuant to 602 IAC ch. 12.
6. Fund operational equipment and sanctioned training for the Team and Team
members. Funding may be restricted, limited, qualified, or otherwise dependent
and/or contingent on future funding sources.
7. In conjunction with the leadership council establish team standards and resource
typing, including but not limited to:
i. minimum training requirements for WMD HAZMAT team members and other
credentialing requirements for WMD HAZMAT HLSERTs.
ii. necessary operational equipment for WMD HAZMAT HLSERTs;
iii. standard operating procedures for activation, mobilization and demobilization
of WMD HAZMAT HLSERTs.
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8. Maintain 24-hour alert capabilities, including a point-of-contact or duty officer
available at all times.
9. Develop criteria for determining when state deployment of the Team and other
HLSERTs is appropriate, assess requests for state deployment of HLSERTs.
10. Based on established criteria, such as CBRNE Protocols, and an on-scene
assessment provided by the incident commander or county emergency
management coordinator, identify the need for full or partial activation of team
resources, define the mission for each state deployment, and request activation of
team resources as appropriate for the mission.
11.Reimburse the Sponsoring Organization for direct costs associated with a state
deployment for emergency response, pursuant to the provisions of section VI(a) of
this Agreement and 605 IAC ch. 12.
12.Reimburse the Sponsoring Organization for replacement and/or rehabilitation of
damaged or destroyed equipment used in the course of the operations, pursuant
to the provisions of section VI(a) of this Agreement and 605 IAC ch. 12.
13.Assist the Sponsoring Organization in preparation and submission of disability,
workers' compensation, chapter 411, and death benefit claims for Team members,
when requested.
b. The Sponsoring Organization agrees to:
1. Designate a representative to serve on the leadership council.
2. Recruit and organize a homeland security emergency response team using
standards developed by HSEMD and the leadership council for WMD HAZMAT
teams. Team members may be recruited from within the Sponsoring
Organization's jurisdiction and from other areas within or outside of the state.
3. Maintain sufficient staffing to operate a functioning, fully credentialed team and
ensure that each Team member meets the training requirements and holds
required credentials for participation on the Team. The Sponsoring Organization
has sole oversight and responsibility for personnel within the Team, including
development of conduct standards and disciplinary procedures.
4. Provide training to Team members. Training shall be consistent with the objectives
of upgrading, developing and renewing skills as needed to maintain qualifications
for a particular position on the Team.
5. Be accountable for operational equipment purchased by HSEMD or with HSEMD
funding and assure that equipment is operationally ready for deployment, if
requested by HSEMD.
6. Implement the Incident Command System in a fashion consistent with the
Occupational Safety and Health Administration regulations and the National
Incident Management System [NIMS].
7. Adopt and implement a 24/7 internal call-out system and standard operating
procedures for the Team.
8. Implement the standard operating procedures for activation, deployment, and
demobilization developed by the leadership council and HSEMD.
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9. Provide a timely response to an activation request made by HSEMD and deploy
the Team unless the Sponsoring Organization determines the Team is needed to
perform emergency services in its' own jurisdiction.
10.When activated for a state deployment:
i. supply team resources to provide assistance to jurisdictions that have made a
formal request through HSEMD.
ii. provide additional operational equipment and staff support for team-related
activities, as agreed upon with HSEMD, subject to the availability of such
personnel and equipment which will be based upon requirements and priorities
of the Sponsoring Organization and the State at the time such personnel and
equipment are requested.
iii. continue to provide assistance until it is determined that team resources are no
longer necessary and team resources are disengaged by HSEMD.
11.Provide administrative, financial, and personnel management as they relate to the
Team.
12.Use a control system to ensure adequate safeguards to prevent loss, damage, or
theft of equipment purchased for the Team by or with funding provided by
HSEMD. Upon any loss, damage, or theft of the property, promptly notify HSEMD
and investigate and fully document the incident.
V. PROCEDURES
a. Concept of Operation:
1. State deployment—The Team shall be activated as a state asset only pursuant to
a Governor's disaster proclamation or by a directive of the Administrator of
HSEMD.
i. Team resources may be deployed as a state asset to provide assistance to
local jurisdictions in Iowa when these entities have been disrupted or
overwhelmed by an incident believed to involve intentional acts of terrorism
and/or use of weapons of mass destruction.
ii. Team resources may also be deployed as a state asset to provide assistance
to other states in response to an incident believed to involve intentional acts of
terrorism and/or weapons of mass destruction, pursuant to the interstate
emergency management assistance compact set forth in Iowa Code section
29C.21 [EMAC].
iii. Deployment may involve the full team or a portion of team resources as agreed
to by HSEMD and the Sponsoring Organization.
iv. Team resources may deployed singularly, or as part of a collective response
involving multiple HLSERTs.
2. Local deployment— At the discretion of the Sponsoring Organization, Team
resources may be deployed upon direct request from a political subdivision of the
state, pursuant to a local mutual aid agreement or the statewide mutual aid
compact [IMAC], without a directive from the Administrator of HSEMD or a
Governors disaster proclamation.
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i. The provisions of this Agreement are not triggered by a local deployment.
ii. The State and HSEMD assume no responsibility for reimbursing costs
associated with a local deployment.
iii. The Sponsoring Organization may seek cost reimbursement from the political
subdivision making the request in accordance with any existing mutual aid
arrangements.
iv. If during the course of a local deployment, a governor's proclamation is issued
or the Administrator of HSEMD determines that a state deployment is
appropriate, the Administrator shall notify the Sponsoring Organization of the
date and time the deployment converts to a state deployment.
b. Activation:
1. Upon a directive from the Governor and/or determination by HSEMD that use of
team resources is prudent, HSEMD shall request activation of team resources
necessary to respond to an incident believed to involve intentional acts of
terrorism and/or use of weapons of mass destruction.
2. An activation request shall be communicated by HSEMD to the Sponsoring
Organization through the identified Team leader or alternate contact.
3. As soon as possible after receipt of an activation request, the Sponsoring
Organization will inform HSEMD whether the requested team resources are
available for deployment and, if so, initiate internal call-out procedures.
c. Mobilization and Deployment:
1. The Team Leader shall notify Team members of HSEMD initiated activation.
2. Requested team resources will be ready for deployment within one 1 hour after
activation by HSEMD, unless the Team is needed to perform emergency services
within its' own jurisdiction.
d. Command at the Incident Site:
1. The Team leader shall report to the staging area or Incident Commander at the
disaster site and coordinate incident activities with the designated operations
officer or personnel identified by the Incident Commander as having these duties
and responsibilities.
2. Concurrently, an evaluation of the incident by the on-scene Team leader will be
conducted. This assessment will indicate the need for additional HSERT
resources. All additional requests for resources will be made through HSEMD.
3. The Team shall carry out activities identified in the Incident Action Plan [IAP],
consistent with the capabilities of the Team, and within the scope of the mission
request. The on-scene Team Leader, or discipline-specific safety officer- if
deployed with the Team - shall report to the Incident Safety Officer. Approval from
HSEMD shall be obtained by either the Incident Commander or Team leader
before resources are used to perform services outside the scope of the original
mission.
4. HSEMD and other members of the Leadership Council will provide technical
advice when appropriate, but will not assume command of the scene.
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e. Disengagement
1. When HSEMD, in consultation and coordination with the Incident Commander and
the on-scene Team Leader, determines that the mission of the team has been
achieved or deployment of the team is no longer necessary, Team members will
be released from the incident site, allowing resources to return to their respective
jurisdictions. The Sponsoring Organization may request disengagement if it
determines that team resources are needed to perform emergency services in its'
own jurisdiction.
VI. FINANCIAL AGREEMENTS
a. Reimbursement of state deployment-related costs:
1. HSEMD and the State shall reimburse the Sponsoring Organization for direct
costs associated with a state deployment as specified in this Agreement.
2. Reimbursable costs include:
i. Compensation paid by the Sponsoring Organization to Team members during
the state deployment;
ii. Out-of-pocket expense reimbursement or per-diem payments made by the
Sponsoring Organization to Team members in accordance with Sponsoring
Organization travel policy or regulations;
iii. The value of Sponsoring Organization materials, equipment, mileage expenses
and supplies consumed during state deployment, on a replacement basis,
subject to the availability of funds.
iv. Rehabilitation or replacement costs of operational equipment damaged or
destroyed during state deployment, subject to the availability of funds.
3. Request(s) for cost reimbursement shall be submitted to HSEMD by the
Sponsoring Organization within thirty (30) days of the demobilization of the Team,
unless additional time is granted by HSEMD.
b. Funding for equipment and training:
1. HSEMD will provide operational equipment or funding for the purchase of
operational equipment, as available. Ownership of equipment purchased by
HSEMD or with HSEMD funds shall be controlled by the specific terms of the
grant program through which the funds are made available.
2. HSEMD will provide funding for training and exercises targeting the specialized
response capabilities of the Team, as available.
c. Local deployment-related costs will not be reimbursed by HSEMD. The Sponsoring
Organization may seek cost reimbursement from the political subdivision making the
request in accordance with any existing mutual aid arrangements.
d. Liability protection and workers compensation for Team member claims.
1. Team members involved in a state deployment shall be considered state
employees for purposes of Iowa Code chapter 669, the State Tort Claims Act.
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2. Disability, workers' compensation, and death benefits for Team members involved
in a state deployment shall be paid by the state in a manner consistent with the
provisions of Iowa Code chapters 85, 410, or 411 as appropriate, provided that the
member is registered with HSEMD as a member of the an approved Team.
Notification of a compensable loss by a Team member shall be provided by the
Sponsoring Organization to the Iowa Department of Administrative Services,
through the process set forth in HSEMD administrative rules, 605 IAC ch. 12.
i. The State shall reimburse the Public Safety Peace Officers Retirement,
Accident, and Disability System, the Iowa Public Employees' Retirement
System (IPERS), or the Municipal Fire and Police Retirement System of Iowa
for any additional expenses incurred as a result of the injuries.
ii. The State shall reimburse any third party payer of benefits paid to an injured
civilian task force member under Iowa Code Chapters 85 or 86. If an injured
Task Force Member is not entitled to workers' compensation benefits, the state
will pay the injured Task Force Member such benefits, as he/she would have
otherwise been entitled to under Iowa Code Chapters 85 and 86.
iii. The State will also reimburse the Sponsoring Organization for any and all
expenses it may incur as a result of any injuries to the Sponsoring
Organization's Task Force Members, including but not limited to any medical
expenses or benefits paid under the provisions of Iowa Code Chapters 97A,
97B, 410 and 411.
VII. REPORTING & RECORD KEEPING REQUIREMENTS
a. The Sponsoring Organization shall comply with the registration and report updating
requirements established by HSEMD administrative rule, 605 IAC ch. 12.
b. Verification of Team member credentials shall be submitted on an annual basis and
at other times as requested by HSEMD.
c. The Sponsoring Organization will submit semi-annual financial and activity reports to
HSEMD.
d. The Sponsoring Organization shall maintain books, records, documents and other
evidence pertaining to all costs and expenses incurred for which reimbursement is
requested under this Agreement.
1. The Sponsoring Organization shall maintain records with sufficient detail to
demonstrate compliance with this Agreement and shall retain these records for a
period of five (5) years after the fiscal year in which reimbursement is requested.
2. The Sponsoring Organization shall permit the Auditor of the State of Iowa or any
authorized representative of the State and, where federal funds are involved, the
Comptroller General of the United States or any other authorized representative of
the United States government, to access and examine, audit, excerpt and
transcribe any directly pertinent books, documents, papers, electronic or optically
stored and created records or other records of the Sponsoring Organization
relating to orders, invoices or payments or any other documentation or materials
pertaining to this Contract, wherever such records may be located. The
Sponsoring Organization shall not impose a charge for audit or examination of its
books and records.
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VIIi. CONDITIONS, AMENDMENTS AND TERMINATION
a. Conditions: Nothing contained in this Agreement shall be construed to compel the
sponsoring organization to respond to any request for mobilization and deployment
when the Team members are, in the opinion of the Sponsoring Organization, required
to perform emergency services in its own jurisdiction.
b. Amendments: This Agreement may be amended or modified only upon written
agreement of all parties; all amendments will be attached to this Agreement.
c. Addenda: This Agreement shall be supplemented with addenda identifying minimum
training and other credentialing requirements for the Team and team members,
necessary operational equipment for the Team, and standard operating procedures
for activation, mobilization and demobilization of the Team, as these items are
developed by HSEMD and the leadership council.. The addenda may be amended
and additional addenda may be developed as agreed upon by the parties.
d. Termination:
1. The Agreement may be terminated without cause by either party upon 30 days
written notice.
2. The record keeping and access requirements set forth in section VII(d) remain in
force following termination.
e. Equipment purchased with grant funds: Ownership of operational equipment
purchased for the team by HSEMD or with funds provided by HSEMD shall be subject
to the terms and conditions of the grant program through which funding for the
equipment is provided.
f. Duration/continuation: This Agreement will continue in force until terminated by one
of the parties.
g. Annual review: The parties will annually review this Agreement and decide if the
existing Agreement is functional and if any necessary modifications exist.
h. Compliance with applicable laws: The Sponsoring Organization agrees to comply
with the all-applicable local ordinances and state and federal laws and regulations
regarding when performing services and purchasing goods or services related to
performance of this Agreement. Personnel policies, use of facilities, supplies and
services will be in compliance with all local, state and federal regulations
guaranteeing nondiscrimination.
i. No governing board: No separate legal or administrative entity is created by this
Agreement.
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IX. EXECUTION
Homeland Security and Emergency Response Division,
Iowa Department of Public Defense:
By
vid Miller
Administrator& Homeland Security Advisor
Date: " 4 - �' g
[Insert Sponsoring Organization]
By:
(name) I' %r t1u r
(title) ("ay o r
Date: oo—ia —U
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