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HomeMy WebLinkAboutResolutions - 2003.10.16 - 27291Public Services Committee Vote: Motion carried on a roll call vote with Potter absent. PUBIC SERVICES COMMITTEE (2/ MISCELLANEOUS RESOLUTION # 03297 October 16, 2003 BY: Public Services Committee, Hugh D. Crawford, Chairperson IN RE: COUNTY EXECUTIVE/EMERGENCY RESPONSE AND PREPAREDNESS - MEMORANDUM OF UNDERSTANDING BETWEEN COUNTY OF OAKLAND AND HEALTH EMERGENCY MEDICAL SERVICES, INC. (SPONSOR OF MICHIGAN-1 DISASTER MEDICAL ASSISTANCE TEAM) FOR EMERGENCY DISASTER MEDICAL ASSISTANCE To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS development of a comprehensive emergency response and preparedness capability has been declared a major responsibility for Oakland County government; and WHEREAS a critical component of this comprehensive plan is the ability to provide effective emergency medical support during the early stages of a disaster or public health emergency; and WHEREAS Michigan-1 Disaster Medical Assistance Team (MI-1 DMAT) serves as a level one asset of the National Disaster Medical System, United States Department of Homeland Security; and WHEREAS the services of MI-1 DMAT are available for local emergencies when not on alert or deployment for federal service; and WHEREAS MI-1 DMAT consists of volunteer medical and support personnel from throughout Michigan who become temporary federal employees upon activation for federal service; and WHEREAS MI-1 DMAT upon activation will deploy with up to thirty-five (35) DMAT personnel including physicians, nurses, emergency medical technicians, pharmacists, mental health specialists, and other medical support and logistical personnel and supplies, materials, and equipment for up to two weeks of temporary emergency service. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves a Memorandum of Under-standing between the County of Oakland and Health Emergency Medical Services, Inc. for the provision of emergency services by the Michigan-1 Disaster Medical Assistance Team and authorizes the County Executive to execute said Memorandum of Understanding on behalf of the County of Oakland. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. MEMORANDUM OF UNDERSTANDING Between COUNTY OF OAKLAND And HEALTH EMERGENCY MEDICAL SERVICES, INC. Purpose and Intent This Memorandum of Understanding is between Oakland County (County), a Michigan Constitutional Corporation, 1200 N. Telegraph Road, Pontiac, MI 48341, and Health Emergency Medical Services, Inc. (HEMS), a domestic nonprofit Corporation, 33030 VanBorn Road, Warren, MI 48184, which sponsors the operation of the Michigan-1 Disaster Medical Assistance Team (DMAT). The purpose and intent of this Memorandum is to establish a formal relationship between the County and HEMS. HEMS will facilitate: (1) the participation of DMAT personnel in responding to or recovering from natural or human-made disasters in the County; (2) the participation of DMAT in County planning and/or training exercises when DMAT is not on active alert or deployment with the federal government; and (3) the County's hiring of DMAT personnel to serve as employees of the County for the length of activation. DMAT is part of the National Disaster Medical System (NDMS). The NDMS is administered by the United States Department of Homeland Security. When activated by the federal government, DMAT personnel become temporary federal employees for the length of activation. Although the primary role of a DMAT is to support the NDMS during national disasters, it has an equally important role in local disasters. In Michigan, the DMAT is sponsored by HEMS. The DMAT consists of volunteer medical and support personnel throughout Michigan who have signed volunteer agreements with the NDMS and DMAT. The Parties agree to the following terms and conditions: 1. The County may activate DMAT pursuant to the attached protocol for disaster relief services during periods of disaster, public health emergencies, or authorized planning and/or training assignments for disasters or public health emergencies (Attachment B - Activation). It is understood that DMAT is part of the NDMS. As such, federal activation of DMAT takes precedence over County activation. 2. Activation of DMAT will occur at the direction and under the authority of the County Executive. Page 1 of 6 3. When activated pursuant to Attachment B, DMAT personnel will become temporary employees of the County and part of the County's "disaster relief forces" pursuant to the Emergency Management Act, MCL 30.401 et. seq., and will be provided governmental immunity pursuant to MCL 30.411 and MCL 691.1407, Oakland County Board of Commissioner Resolutions #85-339 and #86-124, and other applicable Michigan statutory authority when acting on behalf of the County. When executing its rights, responsibilities, or obligations pursuant to this agreement, HEMS shall be considered part of the County's "disaster relief forces" under the Emergency Management Act, 1976 PA 390, as amended, MCL 30.401 et. seq., and shall be provided the privileges and immunities authorized by any applicable Federal, State, or County law, rule, ordinance, or regulation, including but not limited to MCL 30.411, MCL 691.1407, and Oakland County Board of Commissioner Miscellaneous Resolutions #85-339 and #86-124. 4. When activated pursuant to Attachment B, DMAT personnel fall under the specific command of the Incident Commander and under the overall direction and control of the County Executive at the Oakland County Emergency Operations Center (EOC). The EOC supports incident operations, provides overall direction and control, manages peripheral operations, and integrates the responses of individual agencies into a single effort. Upon activation, DMAT personnel will be deployed as a component of the Oakland County Department of Human Services public health emergency preparedness and response activity. 5. In connection with HEMS' role as facilitator of DMAT personnel, HEMS will collect and send to the County via facsimile pre-prepared, signed but undated employment applications and Forms 1-9 of DMAT personnel and other related documents requested by the County to enable the County to take those actions it deems necessary to ensure DMAT personnel are properly qualified as Oakland County employees at the time of and for the duration of activation. The County shall be solely responsible for the payment of compensation and all matters relating thereto, including the withholding and/or payment of all payroll taxes and such additional legal requirements applicable to Oakland County as an employer. At no time shall HEMS or DMAT be responsible as an agent of the County or an agent or employer of DMAT personnel, and neither HEMS nor DMAT shall be responsible for any withholdings and/or payment of payroll taxes or the completion or maintenance of Forms 1-9 on behalf of the County or such DMAT personnel. 6. DMAT personnel activated for planning and/or training exercises pursuant to Attachment B shall not be activated for more than forty-eight (48) hours. DMAT personnel shall not receive compensation or workers' compensation benefits from the County pursuant to this Memorandum for planning and/or training exercises. 7. Upon activation pursuant to Attachment B and in response to an actual disaster or public health emergency, DMAT personnel shall be financially compensated by the County for disaster relief services as employees of the County at the first-year step hourly rate of the County job classification that most closely matches that individual's federal government job classification (NDMS and GS rating). Page 2 of 6 8. From the time DMAT personnel are activated pursuant to Attachment B and in response to an actual disaster or public health emergency, DMAT personnel will be eligible for limited worker's compensation benefits as authorized by Michigan law. 9. DMAT will utilize its supplies, materials, and/or equipment, as needed, upon activation pursuant to Attachment B. The supplies, materials, and/or equipment will be replenished by the County pursuant to Paragraph 10. 10. The County will replace, repair, or financially compensate DMAT for the consumption of or damage to DMAT supplies, materials, and/or equipment consumed or damaged during the activation pursuant to this Memorandum. DMAT shall invoice the County and provide written documentation for costs associated with the consumption of or damage to DMAT supplies, materials, and/or equipment before such payment is due. 11. Upon activation by the County pursuant to Attachment B, DMAT will respond with DMAT personnel that include physicians, nurses, EMTs, pharmacists, mental health specialists, and other medical support and logistical personnel for temporary emergency service in accordance with Attachment A - DMAT Personnel, unless otherwise instructed by the County. 12. To the best of HEMS' knowledge, the DMAT personnel have all appropriate state licenses, permits, registrations, and/or certifications to perform services under this Memorandum. 13. References in this Memorandum to DMAT or DMAT personnel are references to the individual volunteer members of DMAT (as opposed to any other persons or legal entities). The DMAT personnel do not perform their services under this Memorandum on behalf of or as employees, representatives, or agents of HEMS; any HEMS members, affiliated organizations, or auxiliary members; and/or any other organizations contributing to or supporting HEMS. 14. Both the County and HEMS agree to waive any and all rights they may have against one another regarding liability. To the extent authorized by law, including but not limited to Oakland County Board of Commissioner Miscellaneous Resolutions #85-339 and #86- 124, the County will indemnify, defend, and hold harmless from any third party claim, suit, demand, or losses: (1) HEMS, including its officers, directors and employees, with respect to any of its activities provided under this Memorandum; and (2) DMAT personnel with respect to any services provided under this Memorandum including those provided during training exercises on behalf of the County or in response to an activation pursuant to Attachment B. 15. This Memorandum will become effective on the date of the last Party's signature and will remain in effect until modified or terminated. Either Party may terminate this Memoran- dum, for any reason, upon thirty (30) days written notice to the other Party. 16. Except as provided in this Memorandum, neither Party is required to pay a fee for the services provided under this Memorandum. Page 3 of 6 17. This Memorandum contains the entire agreement and understanding between the Parties and may only be amended by written instrument. The laws of the State of Michigan shall govern this Memorandum. IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum of Understanding on the respective dates hereunder indicated. HEALTH EMERGENCY MEDICAL COUNTY OF OAKLAND SERVICES, INC. A Michigan Constitutional Corporation By: By: (Name/Title) L. Brooks Patterson Oakland County Executive Date: Date: WITNESS: WITNESS: By: Thomas A. Law, Chairperson Oakland County Board of Commissioners Date: WITNESS: Page 4 of 6 ATTACHMENT A DMAT PERSONNEL ON ALERT FROM Deployment Assignment Name Medical S.S.1V. Last, First, Certification Middle Initial 1 Team Leader _ 2 Deputy Team Leader 3 Admin/Finance Chief/A0 4 Administration Assistant 5 Safety Officer 6 Logistics Chief 7 Equipment Specialist 8 Communications Officer #1 _ 9 Communications Tech #2 10 Medical Officer #1 MD/DO 11 Medical Officer #2 MD/DO 12 Medical Officer #3 MD/DO 13 Physician Assist/Nurse Pra #1 PAC/NP 14 Physician Assist/Nurse Pra #2 PAC/NP 15 Supervisory Nurse Specialist RN 16 Nurse, staff #1 RN 17 Nurse, staff #2 RN 18 Nurse, staff #3 RN 19 Nurse, staff #4 RN 20 Paramedic #1 EMT-P 21 Paramedic #2 EMT-P _ 22 Paramedic #3 EMT-P 23 Paramedic #4 EMT-P 24 Nurse, Sup/Staff, Paramedic/EMT 25 Nurse, Sup/Staff, Paramedic/EMT 26 Nurse, Sup/Staff, Paramedic/EMT 27 Nurse, Sup/Staff, Paramedic/EMT 28 Registered Pharmacist RPH . 29 Pharmacy Technician 30 Mental Health Specialist/Social Worker 31 Team Selection 32 Team Selection 33 Team Selection 34 Team Selection 35 Team Selection Deployment assignments 31-35 to be determined, listed, and identified by the Team Leader TO Page 5 of 6 ATTACHMENT B ACTIVATION DMAT may only be activated to respond to or train for an actual or potential natural or human- made disaster or public health emergency when authorized by the County Executive or his designated representative. The activation process is set forth below: Step 1: The County Emergency Response and Preparedness Division (ERP) shall advise the County Executive of the situation. Step 2: If appropriate, the County Executive may declare a local State of Emergency in Oakland County. Step 3: The County Executive or his designated representative shall request that HEMS activate DMAT. The various ways to contact HEMS are as follows: A. Phone (734) 727-7287 B. Fax (734) 727-7281 Step 4: HEMS shall advise the County Executive or his designated representative of DMAT status and availability. The County Executive or his designated representative may be contacted through ERP by the following methods: A. ERP Phone/Regular Business Hours — (248) 858-5300 B. ERP Fax — (248) 858-5550 C. Oakland County Building Safety/ERP 24-Hour Emergency Number — (248) 858-0931 Step 5: HEMS activates the DMAT. Page 6 of 6 DISASTER MEDICAL ASSISTANCE TEAM SERVICE AGREEMENT , offer to participate in the Disaster Medical Assistance Team (DMAT) through its sponsoring agency, Health Emergency Medical Services, Inc. (HEMS), for response to or training for an actual or potential natural or human-made disaster or public health emergency when activated by local county officials, who may request the services of DMAT and HEMS from time to time (the "County"). My services will be those of a In making this offer of my services, I agree and/or understand that I will: 1. Be eligible for temporary employment by the County when activated. 2. Perform my services and activities under the general direction of, or the approved supervision of, an appropriate County official. 3. Provide any necessary employment records, applications, or other information as requested by the County and authorize DMAT and HEMS to provide any such information in their possession to the County for purposes of the County employing me for the duration of my activation. 4. Subject to the discretion of the County, be authorized to receive compensation from the County for any services performed related to my assignment. 5. Be eligible to file for benefits for work-related injuries and/or illnesses that may arise following activation by the County and that are directly related to the performance of my assignment. 6. While performing services, be eligible for coverage under the Michigan Emergency Management Act (MCL § 30.401, et. seq.), MCL § 691.1407, and other applicable Michigan statutory and/or local authority for any damages or injuries that may arise from the performance of my assignment. 7. Be responsible for any cost or treatment of any illness or medical condition that is not directly related to the performance of my assignment. 8. Maintain a current health professional license, certification, or registration as applicable. 9. Waive any claims against DMAT, HEMS, and its officers, directors, and employees arising from any injuries or damages sustained by me or arising from any injuries or damage caused by me to any third party during my assignment. I understand that my status as a DMAT personnel volunteer may be terminated at any time by either party to this agreement and that any activation to serve as a DMAT personnel employed by the County may be terminated at any time by either me or the County. (Signature of Volunteer) (Date) HEALTH EMERGENCY MEDICAL SERVICES, INC. By: (Date) Its: G. William Caddell, County Clerk Resolution #03297 October 16, 2003 Moved by Crawford supported by Coulter the resolution be adopted AYES: Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter. (25) NAYS None. (0) A sufficient majority having voted therefore, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 16, 2003 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed,Oe seq4,1Of the County,of Oakland at Pontiac, Michigan this 16th day of October, 2003.