HomeMy WebLinkAbout18-02 Rescinding Resolution No. 4663-17 Indiana Task Force One MOA Approval 1200 CouNTY-CITY BUILDING �SpUT> PHONE 574/235-9241
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SOUTH BEND,INDIANA 46601-1830 t: TTY 574/235-5567
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CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF LAW
STEPHANIE STEELE ALADEAN M.DEROSE
CORPORATION COUNSEL CITY ATTORNEY
January l 6, 2018
Filed in Clerk's Office
Mr.Tim Scott
President, South Bend Common Council
227 W.Jefferson Blvd., Suite 400 S JAN 17 2018
South Bend,Indiana 46601
KAREEMAH FOWLER
RE: A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SO � � gEND,IN
RESCINDING RESOLUTION NO. 4663-17 APPROVING A MEMORAND
AGREEMENT BETWEEN THE CITY OF INDIANAPOLIS, INDIANA, ACTING THROUGH
THE INDIANAPOLIS FIRE DEPARTMENT,AND THE CITY OF SOUTH BEND, INDIANA,
REGARDING INDIANA TASK FORCE ONE
Dear President Scott:
Your favorable consideration is requested for the above-referenced resolution approving a revised
Memorandum of Agreement between the City of South Bend and the City of Indianapolis that enables the
City of South Bend to become a participating agency in Indiana Task Force One,an urban search and rescue
task force within the National Urban Search&Rescue Response System.
This resolution also expressly rescinds the Common Council's Resolution No. 4663-17, which
approved a prior version of the memorandum between the City of South Bend and the Indianapolis
Department of Public Safety. The Indianapolis Department of Public Safety was dissolved before
Resolution No. 4663-17 was adopted, and the prior memorandum was not executed by the City of
Indianapolis following the resolution's adoption. This resolution approves the revised memorandum
between the City of South Bend and the City of Indianapolis.
I will be presenting this resolution to the Common Council on January 22, 2018, along with Fire
Chief Steve Cox and Battalion Chief Chris Baker. If you have any questions, please do not hesitate to
contact me.
Sincerely,
Elliot Anderson
Assistant City Attorney
cc: Chief Cox
ELLIOT A.ANDERSON ASHLEY MILLS COLBORN BENJAMIN J.DOUGHERTY
CLARA MCDANIELS THOMAS E.PANOWICZ DANIELLE CAMPBELL WEISS
Filed in Clerk's Office
� 7 2018
BILL NO. 18-02
KA
RL<A EEMAH FOWLER
RESOLUTION NO. CITY CLERK,SOUTH BEND,IN
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,RESCINDING RESOLUTION NO. 4663-17 AND APPROVING A
MEMORANDUM OF AGREEMENT BETWEEN
THE CITY OF INDIANAPOLIS, INDIANA,ACTING THROUGH THE
INDIANAPOLIS FIRE DEPARTMENT, AND THE CITY OF SOUTH BEND, INDIANA,
REGARDING INDIANA TASK FORCE ONE
WHEREAS,the City of Indianapolis("Indianapolis"),acting through the Indianapolis Fire
Department, is the sponsoring agency for Indiana Task Force One (the "Task Force"), an urban
search and rescue task force within the National Urban Search & Rescue Response System, by
virtue of an agreement between Indianapolis and the Federal Emergency Management Agency
("FEMA"); and
WHEREAS, the City of South Bend ("South Bend"), acting on behalf of the South Bend
Fire Department, desires to enter into a cooperative arrangement with Indianapolis to become a
participating agency in the Task Force; and
WHEREAS, through the cooperative arrangement, South Bend personnel will participate
in preparedness activities required by FEMA and in urban search and rescue operations and/or
deployment of the Task Force, and South Bend will be reimbursed for expenses incurred in its
participation in the cooperative arrangement; and
WHEREAS, Indianapolis and South Bend have developed a Memorandum of Agreement
(the "MOA"), which is attached as Exhibit A, containing governing provisions for South Bend's
participation in the Task Force, which was approved by the City of South Bend Board of Public
Works (the "BPW") on January 9, 2018; and
WHEREAS, the MOA approved by the BPW in January 2018 supersedes the prior
Memorandum of Agreement between South Bend and the now-dissolved Indianapolis Department
of Public Safety that was approved by the BPW on August 17, 2017, and by the Common Council
on August 28, 2017, through the adoption of Resolution No. 4663-17.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. The Common Council of the City of South Bend, Indiana, hereby rescinds
Resolution No. 4663-17, and approves the Memorandum of Agreement incorporated herein as
Exhibit A between the City of Indianapolis, Indiana, Acting through the Indianapolis Fire
Department, and the City of South Bend, Indiana, Regarding Indiana Task Force One.
Section II. This Resolution shall be given retroactive effect to December 1, 2017, from
and after its adoption by the Common Council and approval by the Mayor.
Tim Scott, Council President
Member of the Common Council
Filed in Clerk's Office�
[JAN 17 2()8
KAREEMAH FOWLER
MEMORANDUM OF AGREEMENT CITY CLERK SOUTH BEND,'lN
BETWEEN THE
CITY OF INDIANAPOLIS,INDIANA acting through the INDIANAPOLIS FIRE
DEPARTMENT,AND THE
CITY OF SOUTH BEND, INDIANA,
REGARDING INDIANA TASK.FORCE ONE
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THIS MEMORANDUM OF AGREEMENT(hereinafter referred to as"Agreement"), is entered into
by and between the City of Indianapolis, Indiana acting through the Indianapolis Fire Department
(hereinafter referred to as "CITY"), and the City of South Bend, Indiana, a political subdivision of the
State of Indiana, acting through its Board of Public Works for and on behalf of the South Bend Fire
Department.
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RECITALS:
WHEREAS, pursuant to federal law, principally the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. §§ 5121 through 5206 (hereinafter referred to as the "Stafford
Act"), the U.S. Department of Homeland Security, acting through the Federal Emergency Management
Agency (hereinafter referred to as "FEMA"), operates the National Urban Search & Rescue Response
System(hereinafter referred to as"System")in conjunction with State and local governments;and
WHEREAS,the CITY is the sponsoring agency for Indiana Task Force One (hereinafter referred to
as "Task Force"),an urban search and rescue task force of the System, established in 1992 pursuant to an
agreement between FEMA and the City of Indianapolis,Indiana;and
WHEREAS, the CITY in its capacity as sponsoring agency is responsible for recruiting and
organizing the Task Force such that the Task Force consists of individuals occupying certain specified
positions plus additional support personnel, all of whom have been properly trained with the requisite
skills and capabilities required for urban search and rescue operations and/or deployment of the Task
Force;and 3
WHEREAS,the Task Force may be deployed as a single unit or it may be reorganized into teams for.
purposes of modularized responses for limited or specialized activations,and members of the Task Force
may also be deployed as members of a management or other technical team;and
WHEREAS, the CITY in the performance of it's responsibilities may enter into cooperative
arrangements with federal,state,or local government entities,or non-profit or for-profit entities,to serve
as participating agencies in the Task Force, and with individuals to serve as affiliated personnel of the
Task Force;and
WHEREAS, the CITY in its capacity as sponsoring agency is obligated to enter into written
agreements with those participating agencies and affiliated personnel setting forth the relationship
between the parties;and
WHEREAS,the City of South Bend,Indiana, desires to be a participating agency in the Task Force,
subject to all of the provisions of this Agreement;
NOW, THEREFORE, the CITY and the City of South Bend, Indiana, (hereinafter referred to as
"Participating Agency"), in consideration of the foregoing recitals and the following promises, hereby
agree as follows. E
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I. CONSTRUCTION
1.01 With respect to National Urban Search&Rescue Response System activities of the Participating
Agency and its employees under this Agreement,the provisions of Interim Final Rule,"National
Urban Search and Rescue Response System," 70 Fed. Reg. 9182 (Feb. 24, 2005) 44 CFR Part
208 (hereinafter referred to as "Interim Final Rule"), hereby are incorporated and made
applicable.
1.02 To the extent it may be applicable,the Interim Final Rule will prevail and govern this Agreement;
and upon the effective date of a final role that supplants the Interim Final Rule governing this
subject(hereinafter referred to as"Final Rule"),the Final Rule shall supersede the Interim Final
Rule and shall prevail over any contrary provisions in the governance of this Agreement.
1.03 This Agreement is entered into by and between the parties, who agree that subject to all of the
provisions of this Agreement,the City of South Bend,Indiana,will serve as Participating Agency
for the Task Force. Each party further agrees that it assumes all of the duties and responsibilities
assigned to that party under this Agreement,and that so long as this Agreement remains in effect,
the party will fully perform all of those duties and responsibilities.
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H. TERM AND TERMINATION
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2.01 This Agreement shall be effective when it has been duly and regularly authorized and executed
I by both parties. For purposes of reference and convenience, the patties have agreed that the
effective date of the Agreement is December 1,2017.
2.02 The Agreement shall continue in effect unless and until it is terminated as provided in this
Agreement.
E 2.03 The Agreement may be terminated by either party upon thirty (30) days written notice, except
that the Participating Agency may not terminate this Agreement without the written consent of
the CITY during any time interval when the Task Force has been placed on alert status or has
been activated,if the alert or activation affects participants of the Participating Agency.
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III. CONDITIONS OF AGENCY PARTICIPATION
3.01 The Participating Agency hereby agrees to commit at least one (1) individual employee of the
I Participating Agency (hereinafter referred to as "Committed Personnel") to serve in designated
positions on the Task Force as determined by the CITY and Task Force.
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3.02 The Participating Agency further agrees that the Committed Personnel shall be able to deploy
within one(1)hour after notification, on a twenty-four(24)hour per day and three hundred and
sixty-five(3 65)days per year basis.
3.03 The Parties agree that on an ongoing basis the Task Force shall provide any and all required
training of the Committed Personnel to satisfy such conditions of preparedness and response as
may be required by the Task Force. The Participating Agency shall not be required to mandate
the Committed Personnel to participate in the training.
3.04 Upon execution of this Agreement, the Participating Agency shall provide the CITY and Task
Force with a written list of the names, addresses, and appropriate contact information of the
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Committed Personnel;thereafter,the Participating Agency shall also provide the CITY and Task
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Force with immediate written notification of any additions to or deletions from such list. All
Committed Personnel shall be subject to approval and acceptance by the Task Force
E Administrator.
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3.05 The Parties will cooperate with each other so as to facilitate achievement of the goals and
objectives of the System as fully and completely as possible, and as further provided in Section
VIII of the Agreement.
IV. TORT LIABILITY AND WORKERS' COMPENSATION
4.01 The Participating Agency and the Committed Personnel shall be afforded such coverage for tort
liability and workers' compensation as is afforded all Task Forces and their System members
under federal law.
4.02 Except as afforded by the Federal Government,the responsibility for risks associated with claims
for tort liability and workers' compensation arising out of participation in the Task Force,shall be
the responsibility of the CITY and not under any circumstances, the responsibility of the
Participating Agency. At all times, the CITY and Task Force shall maintain in full force and
effect, for the benefit of the Committed Personnel, coverage for workers' compensation to
j provide coverage for risks associated with and/or arising out of the Committed Personnel's
participation in the Task Force and/or the Committed Personnel's responsibilities under this
Agreement.
V. FINANCIAL PROVISIONS
I 5.01 Preparedness Funds
5.01.1 In its sole discretion, the CITY may distribute to the Participating Agency such
preparedness grant funding as the CITY shall be eligible to and does receive from
FEMA. Any such distributions shall be subject to the requirements of the preparedness
Egrants and the needs of the Task Force generally.
5.01.2 Any other funding received by the CITY from sources other than the federal government
may also be made available as the CITY determines in its discretion. The CITY shall
make such distributions fairly and equitably taking into account the mission, goals and
objectives of the Task Force and the needs of the CITY as compared to other proper
needs and demands.
5.02 Response Funds
5.02.1 The CITY shall promptly reimburse the Participating Agency for response expenses.that .
are authorized to be incurred by or for the benefit of the Committed Personnel engaged in
Task Force activities, upon receiving reimbursement for such expenses from the federal
government. Such expenses must be properly ascertained, accumulated and reported to
the CITY, and the funds to be utilized for payment must have been reimbursed by or on
behalf of FEMA to the CITY.
5.02.2 After an alert or activation, the Participating Agency shall provide the CITY with a
complete cost reimbursement package to be submitted by the CITY as part of an overall
claim package Which the CITY is obliged to submit to FEMA. The Participating
Agency's cost reimbursement package shall be submitted to the CITY within thirty(30)
days after the end of the Personal Rehabilitation Period established by FEMA. The
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Participating Agency's cost reimbursement package shall be prepared in conformance
with applicable federal directives which the CITY shall disseminate to the Participating
Agency.
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I 5.02.3 The Participating Agency shall provide the CITY with the established hourly or daily
rates of pay of each of the Committed Personnel. Such information shall be stated on
"Exhibit A" to this Agreement, attached hereto and incorporated herein by reference.
I Throughout the term of the Agreement, the Participating Agency also shall notify the
CITY immediately of any changes to such established hourly or daily rates of pay by
providing a substitute"Exhibit A"that contains the new information.
5.02.4 In order to ensure proper reimbursement from FEMA, the compensation of Committed
Personnel on the Task Force shall be in accordance with established pay schedules and
policies, during an alert,and from the time of activation and until the Task Force returns,
is deactivated,and Committed Personnel are returned to regular work schedules.
5.03 All financial commitments of the CITY are subject to the availability and receipt of funds by the
CITY from FEMA and other sources.
5.04 Neither the Participating Agency nor any Committed Personnel shall be reimbursed for costs
incurred outside the scope of this Agreement.
5.05 The parties agree that in the event the CITY makes an overpayment to a Participating Agency and
the CITY is required to reimburse FEMA for such overpayment, then the Participating Agency
shall be responsible for collecting any overpayment from the Committed Personnel and shall
promptly reimburse the CITY for such overpayment.
VI. MANDATORY MINIMUM REQUIREMENTS FOR
COMMITTED PERSONNEL
6.01 Each individual in the Committed Personnel must satisfy all of the requirements for participation
in the Task Force as listed in this Section VI of the Agreement.
6.02 The Committed Personnel shall be employees of the Participating Agency in good standing.
Entry-level employees who are probationary or in a similar status are not eligible.
6.03 The Committed Personnel shall be of good moral character and shall not have been convicted of a
felony or of any other criminal offense involving moral turpitude.
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6.04 The Committed Personnel serving in a Task Force position that requires the individual member to
hold a license, registration, certificate or other similar authorization to lawfully engage in an
activity must hold the appropriate authorization,which must be current and validly issued.
6.05 Subject to any applicable FEMA standards, each Committed Personnel member must meet the
medical/fitness standards mutually agreed upon by the CITY and the Participating Agency, and
further must not have any medical condition or disability that will prevent performance of the
duties of the Task Force position he/she occupies.
t 6.06 Each Committed Personnel member must be able to respond on a mission for a duration of at
least fourteen(14)days.
6.07 Each Committed Personnel member must be capable of improvising and functioning for long
Revised OCC 10-2016 4
hours under adverse working conditions.
6.08 Each Committed Personnel member must receive such inoculations as are specified by the CITY.
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6.09 Each Committed Personnel member must be aware of the signs, symptoms and corrective
measures of Critical Incident Stress Syndrome. I
6.10 Each Committed Peisomtel member must understand and adhere to safe working practices and
procedures as required in the urban disaster environment.
6.11 Each Committed Personnel member must have a working knowledge of the US&R System and
the Task Force's organizational structure,operating procedures, safety practices,teltninolagy and
communication protocols.
6.12 Each Committed Personnel member must have completed such courses of education and training
and other requirements as the CITY and Task Force shall specify.
6.13 The CITY has authority to suspend or terminate a Committed Personnel member's participation
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on the Task Force for failure to satisfy any mandatory minimum requirement.
VII. CLOTHING AND EQUIPMENT
7.01 The CITY and/or Task Force will issue to each Committed Personnel member certain items of
personal protective clothing and equipment for use in Task Force activities and ope rations. In the
event of activation, the Committed Personnel shall provide certain additional items of personal
clothing and equipment. Items of clothing and equipment supplied by the CITY or Task Force
shall remain the property of the CITY or Task Force and shall be returned promptly whenever a
person ceases to be a Committed Personnel member.
7.02 Subject to FEMA requirements,all uniforms will display the official patch of the Task Force and
the official patch of the System,as specified by the CITY. The CITY shall specify the design of
the uniform and any identifying insignia or markings.
VIII. COMMAND,CONTROL AND COORDINATION
8.01 When the Committed Personnel have been activated or have otherwise been placed at the
direction,control and funding of FEMA(e.g.,during participation in FEMA-sponsored training),
the ultimate authority for command, control and coordination of the service of the Committed
Personnel reposes with FEMA. Subject to the principle just stated, the following provisions of
this Section VIII govern the responsibilities of the parties with respect to supervisory,disciplinary
and other specified aspects of the employment of the Committed Personnel within the context of
j his/her participation on the Task Force.
i 8.02 Nothing in this Agreement is intended to,nor does it, establish the creation of a joint venture or
joint enterprise between the CITY and Participating Agency. Nor shall anything herein be
deemed to create or affect the employer-employee relationship between the Participating Agency
I and its employees who are members of the Committed Personnel, and the Participating Agency.
II shall at all times continue to be fully responsible for all of its employment obligations to its
employees, including the compensation and benefits that the Participating Agency has agreed to
I� provide.
8.03 While participating in System activities conducted by the Task Force, all Committed Personnel
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I shall be subject to and observe and comply with all lawful orders and directions of the authorized
representatives of the CITY acid the Task Force. Sponsoring Agency retains the right to suspend
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or exclude any Participant from participation on the Task Force for cause including failure to
abide by the provisions of this Agreement.
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8.04 The CITY and/or the Task Force shall exercise direct supervisory authority with respect to
Participants during activations,deployments and other activities of the Task Force conducted by
the CITY, but for disciplinary purposes, that authority is limited to temporary suspension or i
permanent exclusion from participation. In all other instances where disciplinary action may be
necessary, the CITY shall report the pertinent circumstances to the Participating Agency, who
shall cooperate with the CITY and shall administer discipline as appropriate in accordance with
the Participating Agency's established rules and regulations.
IX. MEDIA AND INFORMATION POLICY
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9.01 Subject to applicable law, including FE regulations, all photographs and video taken on
deployments will be kept under the control of the CITY and Task Force until the use of such
materials in internal or external education programs or other dissemination is approved.
9.02 All applicable federal,state,and local media policies will be strictly enforced and followed.
'9.03 Subject to applicable rules and regulations, the CITY and Task Force will have the primary
responsibility for coordination of media coverage and liaison with media sources and
representatives concerning activities of the Task Force.
I X. RULES OF CONDUCT
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10.01 Committed Personnel will be expected to abide by the rules of conduct established by the CITY.
10.02 The failure of a Committed Personnel member to abide by the rules of conduct constitutes good
cause for suspension or exclusion from the Task Force under Section VIII of this Agreement.
XI. PREPAREDNESS ACTIVITIIES
11.01 The CITY shall conduct Task Force management, administration, training, equipment
procurement and other preparedness activities required by FBMA. The Participating Agency and
its Committed Personnel shall cooperate with the CITY and shall participate in the activities as
€ necessary to achieve Task Force preparedness goals and objectives.
11.02 As established by System directives but subject to the availability of federal funding, the CITY
shall procure and maintain required caches of equipment and supplies. The contents of these
caches shall be utilized for deployments of the Task Force and, subject to federal rules and
regulations, will be made available for training activities of the CITY and the Participating
Agency. Committed Personnel shall use Task Force cache equipment and supplies only for
authorized purposes and shall exercise reasonable care to protect and preserve the property
against loss or damage. The Participating Agency shall be financially accountable for any Task .
Force property that is lost or damaged due to negligence or unauthorized use by the Participating
Agency or its Committed Personnel.
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XIL NOTIFICATION PROCEDURES AND OTHER
COMMUNICATIONS
12.01 Alerts and Activation
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12.01.1 The CITY shall determine whether the Task Force is capable of and will respond to
activation orders.
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12.01.2 The Participating Agency at all times shall maintain a ready means to be contacted
(hereinafter referred to as "Point of Notification") by the CITY or Task Force regarding
possible deployments of the Task Force. The Point of Notification shall.include 24-hour
telephonic and electronic capabilities.
12.01.3 Upon receipt of alert or activation orders, the CITY shall give prompt telephonic and
electronic notice to the Participating Agency's Point of Notification. The notice shall
designate the Task Force positions for which the Participating Agency's Committed
Personnel are being requisitioned, the location of the assembly point, and to the extent
known,the nature and character of the activation.
12,01.4 The Participating Agency shall at all times maintain the capability of providing
f requisitioned Committed Personnel for participation on a deployment of the Task Force.
12,01.5 Upon receipt of an activation order for the Task Force, the Participating Agency shall
cause the required Committed Personnel to respond to the assembly point designated in
the notice.
12.02 Mobilization
12.02.1 All requisitioned Committed Personnel will respond to the designated assembly point
within one(1)hour of notification with all required personal clothing and equipment and
required documentation.
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12.02.2 The Participating Agency will select its Committed Personnel through a pre-established
selection system that ensures the requisition is promptly tilled with fully qualified
individuals. .
12.02.3 Selected members of the Committed Personnel will be subject to a medical pre-screening
for deployment. Any such member who fails the screening will not be deployed.
12.02.4 The CITY retains the sole right to determine which Committed Personnel, if any, will
respond with the Task Force when activated.
12.03 Other Communications, The CITY will remain in contact with the Participating Agency through
the Participating Agency's Point of Notification during the period of activation.
XM. CRITICAL INCIDENT STRESS SYNDROME AND
MANAGEMENT
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13.01 The CITY will have primary responsibility to offer critical incident stress syndrome intervention
and support during and after activation.
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Revised OCC 10-2016
13.02 Costs incurred for unauthorized critical incident stress syndrome activities are not eligible for
reimbursement.
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XIV. GENERAL PROVISIONS
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pursuant
I 14.41 Authority. As morespecifically indicated above and below,this Agreement is made(a)
to the provisions of the Interim Final.Rule or the Final Rule; and (b) under the authority of
Indiana law, in furtherance of the purposes of the National Urban Search and Rescue Response
System.
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14.02 Amendments. Except as otherwise expressly provided, this Agreement may be modified or
amended only by another written agreement approved and executed by both parties,and all such \
amendments will be attached to this Agreement.
14.03 Delegation. The obligations of the Participating Agency set forth in this Agreement are non-
delegable and may not be assigned to or assumed by any other person without the prior written
consent of the CITY.
14.04 Controlling Law. Except and to the extent federal law controls, this Agreement shall be
construed and enforced as between the parties according to the laws of the State of Indiana.
14.45 Conflict of Interest. No party shall engage in any conduct or activity in the performance of this
Agreement or participation in the System that constitutes a conflict of interest under applicable
federal,state or local law.
i 14.06 Compliance with LaW. Each party shall at all times observe and comply with all applicable
federal,state and local laws.
I 14.07 Noll Except as provided otherwise with respect to emergency notifications, if it is necessary
for the purposes of this Agreement for one of the named patties to give notice to the other named
party,notice shall be in writing with the expenses of delivery or mailing fully prepaid and shall be
i delivered by personal service or a form of public or private mail service requiring proof of
delivery. Notice is effective upon personal delivery, or by mail service, on the date of either
actual receipt or five days after posting, whichever is first. Unless changed in writing in
accordance with this Section,notice shall be served on the party at the following address:
to the CITY and Task Force:
Administrator,Indiana Task Force One
2650 Fortune Circle East Drive
Indianapolis,IN 46241
to the PartfcipatingAgencv:
City of South Bend—Fire Department City of South Bend—Legal Department
c/o Fire Chief 1200 County-City Building
1222 S.Michigan Street 227 W.Jefferson Blvd.
South Bend,IN 46601 South Bend,IN 46601
l 14.48 Titles and Section Headings Titles and section headings are for convenience only and are not a
part of the parties'Agreement.
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14.09 Severabilit . Should any provision of this Agreement be determined to be invalid or
unenforceable under applicable law, the provision shall, to the extent required, be severed from
the remainder of the Agreement which shall continue in full force and effect.
14.10 Successors and Assigns. This Agreement and its provisions are binding upon and inure to the
benefit of the parties and to their respective successors in interest; provided, however, this
Agreement does not and will not bestow any rights or remedies upon persons to whom an
unlawful delegation or assignment has been made by the Participating Agency.
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14.11 Indemnification. Each party to this Agreement shall be responsible for its own acts or omissions
and any claims,liabilities,injuries,suits,demands or expenses of any kind that may result or arise
out of any alleged conduct by the party, its officers or employees,in the performance or omission
of any act or responsibility of that party under this Agreement. In the event a claim is made
against either or both parties,the intent of the parties is to cooperate in the defense of said claim
and to cause an insurer, if any, to do likewise. However, each party shall have the right to take
any action it believes necessary to protect its interests.
14.12 Nondiscrimination. The CITY and the Participating Agency shall not discriminate against any
employee or applicant for employment to be employed in the performance of this Agreement,
with respect to her or his hire, tenure, terms, conditions, or privileges of employment, or any
matter directly or indirectly related to employment, because of her or his race, sex, sexual
orientation, gender identity, religion, color, national origin, ancestry, age, disability, or United
States military service veteran status. Breach of this section shall be regarded as a material
breach of this Agreement.
14.13 Third Party Beneficiaries. This Agreement is made for the sole and exclusive benefit of the
named patties and their lawful successors in interest,and no other person or entity is intended to,
I nor shall such other person or entity acquire or be entitled to receive any rights or benefits as a
third-party beneficiary of this Agreement.
€ 14.14 Nonon-parties. Neither the United States of America nor the State of Indiana is a party to this
IAgreement.
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I 14.15 Assurances of Understanding. Each party represents to the other the following:that the party has
I fully read and understood all of the provisions of this Agreement;that the party has secured and
considered such legal advice and other expert counsel as the party deemed necessary and
advisable for these purposes; and, that in agreeing to execute and become a signatory to this
Agreement the party has deemed itself adequately informed and advised as to all of the risks
assumed and obligations undertaken pursuant to this Agreement.
14.16 Signatory Authority. Each person executing this Agreement represents the following:that he/she
was and is lawfully authorized to sign the Agreement on behalf of the party he/she represents;
that execution of the Agreement was duly and regularly authorized by the party's governing body;
and, that to the person`s best knowledge and belief the Agreement is a binding and enforceable
obligation of the party on whose behalf he/she executed his/her signature.
14.17 Entire Agreement. This Agreement constitutes the entire agreement between the patties with
I� respect to the subject matter,and it supersedes any prior agreements on this matter.
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(Signature page to follow)
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IN WITNESS WHEREOF,the parties have executed this Memorandum of Agreement as of the dates
shown below.
City of South Bend acting through its Board City of Indianapolis acting through the
of Public Works("Partici)ating Agency"): Indianapolis Fire Department{"tine City"):
GaryGil/ot, resident
By
�j Ernest V.Malone,Chief IFD
Therese Dorau, ember
Date:
Liza is ritzberg, emb r
Elizabeth Maradilc,Member
Sams Mueller,Member
Approved as to form and legality:
AT EST:
By.
! U da Martin,Cleric Richard McDennott,
Assistant Corporation Counsel
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Date: / o / Date:
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[ ]Approved for execution:
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By:
Fady Qaddoura,City Controller
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EXHIBIT A
ESTABLISHED HOURLY OR DAILY RATES OF PAY
OF COMMITTED PERSONNEL
Name and rank of Committed Personnel: Hourly or Daily Rate of Pay:
1
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2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
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