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h ,.-t California. A copy of the Memorandum of Agreement(the "FEMA MUW)is attached to this Agreement as Appendix"A"and incorporated by reference. 2.2 National Urban Search&Rescue Response System. Pursuant to federal law, principally the Robert T. Stafford Disaster Relief and Emergency Assistance Act,42 U.S.C.§§5121 through 5206(the "Stafford Act"),the U.S. Department of Homeland Security("DHS"),acting through FEMA,operates the National Urban Search&Rescue Response System("System") in conjunction with State and local governments. 2.3 Task Forces. Each Sponsoring Agency is responsible for recruiting and organizing a Task Force consisting 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. A 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. Members of a Task Force may also be deployed as members of a management or other technical team. 2.4 California Task Force 4. The City of Oakland Fire Department is the Sponsoring Agency for California Task Force 4(the "Task Force")and is charged with,among other things, recruiting and organizing members for the Task Force. In the performance of its responsibilities,the Sponsoring Agency 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. The Sponsoring Agency is obligated to enter into written agreements with those Participating Agencies and Affiliated Personnel setting forth the relationship between the parties. 2.5 Participating Agency. Livermore-Pleasanton Fire Department desires to be a Participating Agency in the Task Force,subject to all of the provisions of this Agreement. 2.6 Applicable Provisions. With respect to National Urban Search&Rescue Response System activities,this Agreement incorporates the provisions of Interim Final Rule,"National Urban Search and Rescue Response System,"70 Fed. Reg.9182(Feb.24,2005)("Interim Final Rule"),attached as Appendix"B,"as well as the provisions of the FEMA MOA,attached as Appendix"A." To the extent the Interim Final Rule is contrary to the FEMA MOA,the Interim Final Rule will prevail. Upon the effective date of the Final Rule governing this subject("Final Rule"),the Final Rule shall supersede the Interim Final Rule in Appendix"B"and shall prevail over any contrary provisions of the Interim Final Rule or the FEMA MOA. 2.7 Definitions of Terms. Capitalized words and phrases in this Agreement have the same meaning as they do in the Interim Final Rule, unless or until superseded by the Final Rule. Capitalized words and phrases not defined in the Interim Final Rule or the Final Rule have the meaning given in this Agreement. 3. AGREED TERMS AND CONDITIONS 3.1 Participatinq Agency. 3.1.1 Participating Agency agrees to provide personnel to serve in certain designated positions on the Task Force as determined by Sponsoring Agency. A list of the individuals who will occupy those designated positions,and who are referred to in this Agreement as"Participants,"as well as other pertinent information about them will be maintained by the CA-TF4 Program Office,available for inspection. 3.1.2 Participating Agency further agrees that Participants will meet the required qualifications for the positions to be filled,will receive the required training specified in this Agreement and will satisfy other conditions of preparedness and response as required by the Sponsoring Agency. 2