donations toolkit reference · ia individual assistance jac joint assistance center jfo joint field...

DONATIONS TOOLKIT

REFERENCE

Texas Division of Emergency Management

State Donations Management G288

Toolkit 2

APPENDICES

Page

Unit 1 Appendix A: Acronyms for Volunteer and Donations

Management Class ...................................................................... 4 Appendix B: The National Donations Management Strategy ........................... 6 Appendix C: The National Volunteer Management Strategy ............................ 7

Unit 2 Appendix A: Typed Resource Definition for a Donations

Coordinator .................................................................................. 8 Appendix B: Sample Organization Chart for a DCT for a

Small Disaster ............................................................................ 11 Appendix C: Sample Organization Chart for a DCT for a

Large Disaster............................................................................ 12 Appendix D: Emergency Management Assistance Compact

(EMAC) ...................................................................................... 13 Appendix E: Recovery Policy 9525.2 ............................................................. 14 Appendix F: Sample Floor Plan for a Volunteer and Donations Coordination

Center (VDC Center) ................................................................. 18

Unit 3 Appendix A: Guidelines for Sending In-Kind Donations to

Disaster Survivors ...................................................................... 19 Appendix B: Guidelines for Volunteer Service ............................................... 21 Appendix C: Sample Message Map ............................................................... 22


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Appendix D: Sample Press Release ............................................................... 23 Appendix E: Sample Public Service Announcement ...................................... 24

Unit 4

Appendix A: Facility Inventory Checklist ......................................................... 25 Appendix B: Sample Memorandum of Understanding ................................... 27 Appendix C: Sample Agreement .................................................................... 33 Appendix D: SOP for Activating Warehouse .................................................. 35 Appendix E: Warehouse Demobilization ........................................................ 36 Appendix F: Thank You Letter for Donations ................................................. 37 Appendix G: Disaster Donation Policy from NVOAD ...................................... 38

Unit 5

Appendix A: Volunteer and Donations Management Support Annex ............. 40 Appendix B: Volunteer Protection Act of 1997 ............................................... 46

Unit 7

Appendix A: Sample Floor Plan for a Volunteer and Donations

Coordination Center (VDCC) ..................................................... 53 Appendix B: Sample Floorplan for Phone Bank ............................................. 54

Unit 8

Appendix A: Plan Review Tool ....................................................................... 55 Appendix B: Comparison Summary Tool ....................................................... 59


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Acronyms for Donations Management Class

Acronym Term ACS Adventist Community Services CAP Community Action Programs CBO Community Based Organizations COAD Community Organizations Active in Disasters CFR Code of Federal Regulations DFO Disaster Field Office DMT Donations Management Team DRC Disaster Recovery Center DSS Department of Social Services EM Emergency Management EMAC Emergency Management Assistance Compact EMC Emergency Management Coordinator EOC Emergency Operations Center EOP Emergency Operations Plan ESF Emergency Support Function FCO Federal Coordinating Officer FEMA Federal Emergency Management Agency GIS Geographical Information System ICS Incident Command System IA Individual Assistance JAC Joint Assistance Center JFO Joint Field Office JIC Joint Information Center MACC Multi-Agency Coordination Center MAW Multi-Agency Warehouse Mob Center Mobilization Center MRE Meals Ready to Eat NVOAD National Voluntary Organization Active in Disaster NEMA National Emergency Management Association NGO Non-government Organization NRCC National Response Coordination Center NRF National Response Framework NWS National Weather Service


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Acronym Term NIMS National Incident Management System NPSC National Processing Service Center OFDA Office of Foreign Disaster Assistance PA Public Assistance PAO Public Affairs Officer PDA Preliminary Damage Assessment PIO Public Information Officer PNP Private-Not-for-Profit POD Point of Distribution PVO Private Voluntary Organization RA Regional Administrator ARC American Red Cross RRCC Regional Response Coordination Center SBA Small Business Administration SCO State Coordinating Officer SOC State Operations Center SERT State Emergency Response Team SITREP Situation Report SOP Standard Operating Procedure TSA The Salvation Army Tx VOAD Texas Voluntary Organization Active in Disaster USDA United States Department of Agriculture DOT Department of Transportation VAL Voluntary Agency Liaison VDCC Volunteer and Donations Coordination Center VDCT Volunteer and Donations Coordination Team VOLAG Voluntary Agencies


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NATIONAL VOLUNTEER & DONATIONS MANAGEMENT STRATEGY INITIAL 10 KEY ELEMENTS


Toolkit 7

NATIONAL VOLUNTEER & DONATIONS MANAGEMENT STRATEGY PRINCIPLES OF MANAGING UNAFFILIATED VOLUNTEERS


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DONATIONS COORDINATOR


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Toolkit 10


Toolkit 11

SAMPLE

VOLUNTEER AND DONATIONS COORDINATION TEAM Emergency Support Function # __

Volunteer and Donations Management Program

Visual 1.26


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SAMPLE Emergency Support Function # __

Volunteer and Donations Management Program

VOLUNTEER AND DONATIONS COORDINATION TEAM

Visual 1.27


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Emergency Management Assistance Compact (EMAC) In many large or catastrophic disasters, States may find they do not have donation management trained staff or lack a depth of staffing because of the size of the disaster. Many times each area of donation management – in-kind donations, volunteers and cash donations require state staffing as well as staffing from VOAD agencies. EMAC is a legal mechanism to provide staffing resources from one state to help another. The Emergency Management Assistance Compact (EMAC), established in 1996, has weathered the storm when put to the test and stands today as the cornerstone of mutual aid. The EMAC mutual aid agreement and partnership exist with all 50 states, the District of Columbia, Puerto Rico and the US Virgin Islands, because from hurricanes to earthquakes, wildfires to toxic waste spills, and terrorist attacks to biological and chemical incidents, all states share a common enemy: the threat of disaster. The strength of EMAC and the quality that distinguishes it from other plans and compacts lies in its governance structure, its relationship with federal organizations, states, counties, territories, & regions, and the ability to move just about any resource one state has to assist another state. EMAC establishes a firm legal foundation: Once the conditions for providing assistance to a requesting state have been set, the terms constitute a legally binding contractual agreement that make affected states responsible for reimbursement. Responding states can rest assured that sending aid will not be a financial or legal burden and personnel sent are protected under workers compensation and liability provisions. The EMAC legislation solves the problems of liability and responsibilities of cost and allows for credentials to be honored across state lines. EMAC is administered by the National Emergency Management Association (NEMA). Further information can be found at http://www.emacweb.org. A Governor’s declaration is the activating mechanism for the EMAC system. If the declared state finds they need additional resources, EMAC is coordinated State to State using the established EMAC procedure. Each State Emergency Management Office has an EMAC coordinator and the only way to be part of the EMAC system is to be declared a state resource and sent by this system. For more information on your specific State’s contact call your State Emergency Management.

http://www.emacweb.org/


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Recovery Policy 9525.2


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Toolkit 16


Toolkit 17


Toolkit 18

Sample Floor Plan for a Volunteer and Donations

Coordination Center (VDCC)


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GUIDELINES FOR SENDING IN-KIND DONATIONS TO DISASTER SURVIVORS

Use these guidelines to plan your collection of in-kind donations for disaster survivors.

Remember, cash contributions are often the best donation.

Cash contributions allow professional relief organizations to purchase what is most urgently needed by disaster survivors, and to pay for the transportation necessary to distribute those supplies. Unlike in-kind donations, cash donations have no transport costs. Also, cash donations given to recognized relief organizations are often tax deductible. In addition, cash donations allow relief supplies to be purchased at locations as near to the disaster site as possible. Supplies, and particularly food, when purchased locally have the advantage of stimulating local economies, and ensuring the supplies will arrive as quickly as possible.

Confirm that there is a need.

Exactly what is needed can be confirmed by checking with a relief organization that has personnel working at the disaster site, or by calling the State toll-free number set up specifically for donations during a given emergency. Different disasters create different needs. Local climate and culture of the affected area must be considered.

Donate through an organization.

Before starting a collection of goods to send to a disaster site, it is essential to locate a reliable relief organization willing to receive the shipment of donated goods. When unsolicited truckloads of items arrive at a disaster site, there is often no place to unload the goods. Too often, items are left in an empty lot to be plundered or rained on and eventually become part of the garbage that must be removed during the cleanup phase of the disaster response.

Plan transportation in advance.

Never assume that unsolicited relief supplies will be transported at no charge. Local trucking firms may be willing to help in times of disaster, if funds are available to cover part of the expense. Some volunteer agencies may have trucks going to the disaster site that can take donations, or they may be able to identify another group in the area.


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GUIDELINES FOR SENDING IN-KIND DONATIONS TO DISASTER VICTIMS

(Continued)

Plan transportation in advance. (Continued)

Be sure to have the following list of information when arranging transportation:

Point of contact at disaster area.

Verification of storage facilities, including special storage needs such as refrigeration, and personnel for offloading at the disaster location. (Boxes should be strong and sized for a single person to carry. If goods are on pallets, make sure that the receiving warehouse has unloading equipment.)

Inventory of goods to be transported.

Approximate weight of total load to be transported.

Ensure that donated items are packed well and clearly labeled.

It is more efficient when items sent are already sorted, labeled, and ready for distribution. Specific content lists should be taped to the side of each box sent. This allows officials to determine quickly what the box contains without opening it. To save relief workers’ time, food donations in smaller packages (cans) are preferred over bulk packaging, unless donating to an agency involved with mass feeding. New clothing should be packed in separate boxes according to gender, size, and season.

Send small items and unsorted clothing to meet local needs, if necessary.

Miscellaneous, unrequested items and unsorted bags of clothing may not reach a disaster area because of handling difficulties. This type of donation may be more appropriately given to a local charity, homeless shelter, or food bank.


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GUIDELINES FOR VOLUNTEER SERVICE

Review this list of guidelines for volunteer service before volunteering after a disaster. Following these guidelines will help you—and help the disaster survivors.

Affiliate before showing up.

Instead of arriving unexpectedly in a disaster-affected area, volunteers should register with a recognized volunteer agency. There are many agencies. Most are organized under the National Voluntary Organizations Active in Disaster (National VOAD); however, if a volunteer is unable to identify one, then he or she should register with the local Volunteer Center recording offers of availability from unaffiliated volunteers.

Prepare for self-sufficiency.

Commonly, there are inadequate facilities for feeding, housing, personal hygiene, and health/medical needs for unaffiliated volunteers. Therefore, it is best to attach with a recognized agency as the first step in involvement.

Be patient and flexible.

Volunteers should be prepared to step into any of a variety of roles, depending on current or sudden needs. Volunteers expecting to enter a response or relief effort in a certain capacity will often be disappointed. Sometimes a volunteer’s unique talents are not immediately needed.

Know the liability situation.

A volunteer should be certain that there is coverage by liability clauses in the insurance structure of the volunteer agency with which he or she is affiliated. Usually, this will be the case. A volunteer working in the response effort, but not registered with a volunteer agency, should assume that all liability is entirely with the volunteer as an individual.

Remember that the use of volunteers is a coordinated process.

The use of volunteers is an organized process by which people with abilities, skills, and/or training are assigned to special tasks. Volunteers are most useful when they are able to do the right thing at the right time. That is, they are used as part of a plan.

Be committed to the response effort.

Response and recovery work is most often dirty, monotonous, mundane, and not glamorous. There is little individual recognition. Volunteers should be committed to work under such conditions and fit within plans that are coordinated by the volunteer agencies.


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Document Order Requested Publications:

Stakeholder: Public, health care workers

Question or Concern: What does the public most need to know about the influenza epidemic?

Key Message 1 Key Message 2 Key Message 3

Vaccination a top priority for: Symptoms Highly contagious

Supporting Information 1-1 Supporting Information 2-1 Supporting Information 3-1

Elderly Fever Avoid direct contact with others


Health care workers Congestion( Cough, sore Throat) Avoid sharing food, drinks


Immuno-comprorrised individuals Muscle aches and pain Keep bedding (sheets, linens) clean

Source: Risk Communication in Action: The Tools of Message Mapping, published by National Service Center for

Environmental Publications (NSCEP), the US Environmental Protection Agency. Retrieved from nepis.epa.gov on

11/30/2009.


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SAMPLE PRESS RELEASE

July 17, 2010 FOR IMMEDIATE RELEASE FOR MORE INFORMATION CONTACT: State Volunteer and Donations Coordinator James Gibney (555) 555-5555

Flood Relief Donations Need To Be Coordinated To Meet Public Need There continues to be a great outpouring of people, businesses, and service organizations throughout the country collecting and donating goods and services to assist New Utopians. Currently, food and clothing supplies are sufficient. The most useful form of assistance is donations of money. Make check and credit card donations to well-established, charitable organizations that are assisting the flood relief effort. Monetary donations allow charitable organizations the flexibility to purchase items that are needed most, and, unlike material donations, cash donations entail no transportation costs. It is important that prior to collecting any relief items, donors should contact the receiving local or national relief organization to verify the need and to make necessary transportation arrangements. Shipments that do not have a voluntary agency, a specified location, and a contact person will not be unloaded. The State Volunteer and Donations Coordination Center can be reached by calling 1-800-555-5555, outside the New Utopia area, and 555-5555, within the New Utopia metropolitan area. The Volunteer and Donations Center can help coordinate with a responsible agency to receive and distribute donated items. Failure to do this will result in personnel, time, space, and money being wasted to process the uncoordinated items and will further detract from the resources being available to provide direct support to the New Utopians in need.


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SAMPLE PUBLIC SERVICE ANNOUNCEMENT

PUBLIC SERVICE ANNOUNCEMENT Department of Public Defense

Emergency Management Division 555 North Street

Anytown, Iowa 50319

FOR USE UNTIL SEPTEMBER 30, 2010

DONATIONS

30 SECONDS In response to the flood relief efforts, there have been questions as to what items and services are needed. The State of Iowa encourages people to give cash donations to an organized voluntary agency of your choice. The State of Iowa is helping to coordinate between people and businesses who wish to donate money, goods, and services with agencies that are able to receive, store, and distribute donated items. For more information on what and where to donate, call the State of Iowa Coordination Center at phone number 1-800-555-1212 for outside Anytown and 222-3131 locally.


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FACILITY INVENTORY CHECKLIST

This checklist will help you determine the space requirements and amounts of equipment needed for key donations operations. Use the checklist as a guide when arranging for facilities, equipment, and personnel. Phone Bank

3,000 square feet of office space

1 supervisor per 4 to 8 operators

1 coordinator

40 phones

40 phone lines with roll over capability

40 computer workstations (with internet capability)

40 phone headsets

50 chairs

25 6-foot tables

1 4×8-foot display board

1 copy machine with paper

1 fax machine with paper

1 laser printer with paper Multi-Agency Warehouse

100,000 to 250,000 square feet of indoor space

Minimum of 2 loading docks

Feeding facility or mobile kitchen

Toilet facilities (portable if needed)

Nearby lodging or sleeping facilities

Dumpsters with pickup

Parking or shuttle service

Staging area for trucks

Location 50 to 75 miles away from the disaster area

Location on or near major roads, an airport, and railhead

Forklifts with fuel service

Hand pallet jacks

Motorized pallet jacks

Ramps

Empty packing boxes

Shrink-wrap

Sorting tables


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FACILITY INVENTORY CHECKLIST

(Continued)

Extra pallets

Work gloves

Signs and markers

Conveyor belts

Racks for warehousing pallets

Empty trailers Office

Phone lines

Phones

Fax machine

Copy machine

6-foot tables

Chairs

Computer workstations (with internet capability) Volunteer and Donations Coordination Center

20 phones

20 phone lines

20 operator headsets

25 chairs

10 6-foot tables

4 4×8-foot display boards

1 copy machine with paper

1 fax machine with paper

2 laser printers with paper

10 computer workstations (with internet capability)

State highway system maps and other maps of the disaster area


Toolkit 27

Date___________

SAMPLE MEMORANDUM OF UNDERSTANDING

Volunteer Processing of Donated Goods and Services

Rhode Island Emergency Management Agency (RIEMA)

645 New London Avenue

Cranston, RI 02920

Telephone: (401) 996-9696

FAX: (401) 944-1891

Contact Person: Joseph P. Cournoyer - Primary (401) 462-7112

Gary S. Friedman – Alternate (401) 462-7129

AND

Adventist Community Services (ACS)

152 Bloomingdale Rd

Quaker Hill, CT 06375

Telephone: (860) 442-7258

FAX: (860) 442-1631

Contact Person:– Primary

NAME – Alternate (425) 931-5127

Beginning Date: June 1, 2006 Expiration Date: May 31, 2007

INTRODUCTION

The State of Rhode Island, Rhode Island Emergency Management Agency, (RIEMA), through its Emergency Operations Plan, Emergency Support Function 17, is charged with operating the Donated Goods and Services Management Plan. As part of the Plan, RIEMA and the supporting agencies are to work cooperatively to manage and distribute donated goods and services to the citizens of Rhode Island during and after Presidentially declared disasters or other emergency events. The State RIEMA needs to be prepared for the management of donated goods, services, and volunteers in support of an event in the State of Rhode Island. This memorandum of understanding establishes a beneficial partnership between Adventist Community Services (ACS) and RIEMA. The ACS has a regional network of community-based volunteers that, in the time of need, are willing provide the necessary and otherwise cost-prohibitive services described herein. The RIEMA has the capability to provide locations and logistics for the storage and distribution of the donated goods.

COORDINATION OVERVIEW

ACS and RIEMA will coordinate to ensure efficient and effective processing of donated goods and services. Both parties understand and agree to:

Coordinate to establish an ACS-State MOU prior to implementing a donated goods and services program.

Abide by the Rhode Island Emergency Operations Plan, Emergency Support Function 17 and the RI Donated Goods and Services Management Plan.

RIEMA will provide and request guidance from ACS as necessary. ACS will provide and request guidance from RIEMA’s Donations Management Coordinator as necessary.

Coordinate on the completion of all donated goods and services related database setup requirements.

Work cooperatively to provide initial programmatic and technical training for the donated goods and services management.


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Develop and conduct a joint Performance Review. This review will be conducted to identify problems and develop solutions at an early stage of program implementation.

Develop an after-action report citing both what worked and what needs improvement.

Sign MOU, complete and deliver by the deadline date.

Respond to MOU amendment requests within seven (7) days during a disaster.

Respond to MOU amendment requests within thirty (30) days during non-disaster periods

Deliver completed closeout package to the partner organization within ten (10) days of the close of the activity period.

THE ADVENTIST COMMUNITY SERVICES AGREES TO:

Provide leadership and training for community based volunteers to coordinate the flow of incoming undesignated goods.

Develop a local donated goods management committee consisting of other State volunteer resources willing to assist in the donations management process.

Establish a network with local jurisdiction emergency managers and/or local voluntary agencies for the forward distribution of donated goods.

Provide management of a multi-agency warehouse and supervise local volunteers and other staff in receiving, sorting, packing, and inventorying donated goods and services.

Implement the donated goods and services management plan within 72 hours of notification by the RIEMA to do so, and notify the RIEMA when the program is enabled and processing begins.

Provide a sufficient number of trained programmatic and processing staff to respond to Helpline inquiries immediately after the Presidential declaration and adjust staffing numbers as workload warrants.

Provide a sufficient number of trained programmatic and processing staff to process assistance immediately after the Presidential declaration and then to adjust staffing numbers as workload warrants.

Make all goods available to recognized local organizations carrying out a distribution program.

Supply, upon request, a copy of the most current inventory to local, State, or Federal Emergency Management Agency officials.

With the RIEMA’s concurrence, turn over the overall operation to local volunteer organizations when they are able to assume and accept this responsibility.

ACS agrees to develop its own processing database for tracking donated goods and agrees to make a copy available to the RIEMA following closeout of all activity.

Prepare daily narrative financial and statistical reports and provide to the RIEMA.

Review daily reports to monitor processing and coordinate with the designated RIEMA representatives to resolve problematic findings.

Provide a final closeout package to the RIEMA.

THE RHODE ISLAND EMERGENCY MANAGEMENT AGENCY AGREES TO:

Coordinate with ACS the State’s Donated Goods and Services Management Plan.


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Notify ACS of the intent to begin operations within four (4) hours of the date of declaration. Include the name of the State’s point-of-contact, telephone number, and State location (if known at that time) with the notification.

Identify and procure a logistics center for the collection and distribution of donated goods and services.

Review daily reports to monitor processing and coordinate with the ACS Coordinator to resolve problematic findings.

Assist ACS in coordinating the distribution of goods and services to the local jurisdictions.

Provide logistical support to ACS, as needed and defined by ACS, to include but not be limited to the following:

BASIC NEEDS LIST FOR WAREHOUSE

Warehouse 100,000 sq ft.

4 loading docks

Fork Lifts & Fuel 4 (Propane ONLY), 4 Extra Propane Tanks, 1 Large Propane Storage Tank

Pallet Jacks 8

Pallets 100

Copier 1

Copy paper 4 cases

Fax Machines 3 (Office, Shipping, Processing

Computers 3 (incl. Modems, Monitors, MS Office 2003 Prof.)

Printers 3

Phones:

Shipping 1 voice, 1 fax Managers Office 1 voice, 1 modem line Volunteer Coordination. 2 voice General Office 1 fax/modem, 5 voice with rollover Transportation 1 voice Processing 1 voice, 1 fax/modem Security 1 voice Office Manager 1 voice

Golf Carts 3 (Manager, Floor Manager, Security)

Trucks, Fuel & Insurance 6 @ 14' with lift gate

4 Dock Plates

Boxes 5,000 (18"L x 12" W x 12" H)

Tape 9 cases @ 36 rolls/case, 2" x 55 yards 3M # 373

Tape Guns 9

Shrink Wrap 48 rolls 15" x 1000' (87533R1)

Tables 25 @ 4' x 24", 2 @ 8' x 30"

Chairs 30


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Sorting Tables 20 - 3/4" x 4' x 8' Plywood, 180 - 2"x 4"x 42" Studs, 60 sawhorse clamps

1 Filing Cabinet & 1 Key Box

2 Large Dumpster’s and on-demand service

6 Large Fire Extinguishers

20 multi channel radios

Miscellaneous Office Supplies: 5 Dz. Magic Markers (Black), 2 Dz. Box Knives, 2 Dz. Bic Pens, 2 Dz. Legal Pads, 2 Dz. Clipboards

ADMINISTRATION-POINTS OF CONTACT

The ACS representative shall be Tom McQuarrie. The RIEMA representative shall be the State Donations Coordinator.

IN WITNESS THEREOF, the parties hereto have executed this agreement on the day and year last specified below.

RIGHTS AND OBLIGATIONS: All rights and obligations of the parties to the MOU are subject to this Agreement, its General Provisions and its Attachments, all of which are attached hereto and incorporated herein.

APPROVED AS TO FORM:

_____________________________________ _____________________________________ Name, Title Date

______________________________________

______________________________________ Name, Title Date


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GENERAL TERMS AND CONDITIONS

DEFINITIONS: For the purpose of clarification the following are defined.

Services: Services refer to the management and physical labor required to receive, process, distribute, and dispose of donated goods and services. If applicable, personnel expenses (salary, benefits, travel, lodging and other compensation) for ACS staff or the volunteers ACS engages in the donated goods operation, are the responsibility of ACS.

Logistics Support: Logistics support includes all costs associated with the acquisition of the items listed in paragraph 6 under “The Emergency Management Agency Agrees to”:. Logistics support also includes the cost of utilities including telephone and facsimile transmissions and other expenses directly related to the support of the donated goods facility or the distribution of goods between the facility and forward operating locations. Logistics support does not include salary, benefits, or other compensation for ACS staff or volunteers engaged in the management of donated goods.

RECORDS MAINTENANCE: The party named herein as Adventist Community Services (ACS) shall maintain books, records, documents and other evidence which sufficiently and properly reflect the services described herein. These records shall be available for review by personnel of both parties or their delegates.

INDEPENDENT CAPACITY: The employees or agents of each party who are engaged in the performance of this memorandum of understanding shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.

LEGAL RELATIONS Each party to this Agreement shall be responsible for injury to persons or damage to property resulting from negligence on the part of itself, its employees, agents, officers, or subcontractors. Neither part assumes any responsibility to the other party for the consequences of any act or omission of any third party.

CHANGES AND MODIFICATIONS: Any such changes that are mutually agreed upon by the parties to this understanding shall be incorporated herein by written modification to this understanding. No oral understanding or agreement shall be incorporated herein. It is also provided that this memorandum of understanding may be renewed annually for subsequent year(s) upon notification by either party of the intent to do so no later than [15] days before the conclusion of the time period. It is incumbent upon all parties to monitor the understanding and ensure that it is renewed before the end of the period.


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TERMINATION Notwithstanding any provisions of this memorandum of understanding, either party may terminate this mutual understanding by providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date.

DISPUTES: In the event a dispute arises under this agreement, it shall be resolved by the Deputy State Coordinating Officer for Individual Assistance and the respective ACS Regional Manager responsible for managing donated goods under this agreement. Unresolved disputes will be presented to the Rhode Island Coordinating Officer for final resolution.

GOVERNANCE: This memorandum of understanding shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of Rhode Island. In the event of a lawsuit involving this agreement, venue shall be proper only in Thurston County. The parties, by execution of this understanding, acknowledge the jurisdiction of the courts of Rhode Island in this matter.

ALL WRITINGS CONTAINED HEREIN: This understanding contains all the conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this memorandum of understanding shall be deemed to exist.


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Sample Agreement between State and Adventist Community Services In an effort to provide support and stability to the community based voluntary agencies distributing

donated goods, The State and Adventist Community Services enter into the following agreement.

1. Adventist Community Services will provide leadership and training for community based

volunteers to coordinate the flow of incoming undesignated donated goods.

2. Adventist Community Services will provide management of a multi-agency warehouse and

supervise local volunteers in receiving, sorting, packing and inventorying donated goods.

3. Adventist Community Services will make all goods available to recognized local organizations

carrying on a rebuilding program.

4. Adventist Community Services will supply, upon request, a copy of the most current inventory to

local, State or FEMA officials.

5. Adventist Community Services will turn over the complete operation to local volunteer

organizations when they are able to assume and accept this responsibility.

The State will support the operation, where donated resources cannot meet the need, with the

following, to include but not be limited to:

Warehouse Space (100,000 - 250,000 sq. ft.) depending on the scope of the disaster

Utilities and Phone Service (8 voice lines, 2 fax/modem line)

High speed Internet connection to use Inventory, Donation & Volunteer Management

Software Systems

DSL, Cable Modem or T-1 Forklift (4) & fuel

Trucking (for delivery of goods to distribution centers)

1-cargo van & 2 - 24' straight trucks, & fuel

Tables and chairs (25 tables [8'] & 20 chairs)

Stretch Wrap 5 Computers and 2 Printer

Operational Expense for Inventory, Donation & Volunteer Management Software Systems

Copier & FAX 1 each & paper

Boxes (20" x 20 x 12 5/8") & tape (2,000 boxes + 100 rolls @50 yds. each)

Pallets & Pallet Jack (200 pallets & 6 pallet jack)

Dumpster Service 1 - (20 - 30 cu. yds.)

Office supplies - Paper, Pens & Markers Etc

Desks


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Either party with sufficient notice, which will not cause hardship on any operation, may terminate

this agreement.

Signed this date _________________________ by:

State Adventist Community Services


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SOP for Activating Warehouse

Activation of the Multi-Agency Warehouse is the responsibility of the State Donations Coordinator

Activation of a Multi-Agency Warehouse is based on several factors.

1. Type and size of event 2. Amount of Media interest and coverage 3. Donations Intelligence 4. Reports from Voluntary Agencies about flow of donated goods coming to State

With this information in hand, the State Donations Coordinator will discuss with the Agency charged with managing the Multi-Agency Warehouse the requirements for opening the warehouse. Tasking of the State GSA Office to procure needed Warehouse space including: Location Size Requirements for loading docks Requirements for equipment Warehouse Management Team is assembled and begins to call trained volunteers and give them expected date and time for their arrival at warehouse. Once a location has been decided on and the facility lease is in place, the Warehouse Management Team is activated and proceeds to warehouse location to begin preparation for receiving loads of unsolicited donated goods and those loads which have been allocated to the warehouse by the Donations Coordination Team.


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Warehouse Demobilization

Warehouse demobilization is a matter of timing. When the flow of donated goods coming into the warehouse slows to small amounts of shipments coming into the warehouse on a daily basis and the number of offers coming into the call center/donation coordination team has ceased, it is time to announce the closing of the warehouse. Procedure: Set a date (2 or more weeks in the future). Announce the date to the Emergency Distribution Centers Announce the date to the Media Prior to closing, encourage the existing Emergency Distribution Centers to stock up as much as is reasonable (based on the demand and on their space). During the last week, make offers to local social service agencies who will be continuing to serve the communities affected by the event. As soon as the warehouse is empty: Return leased/rented/loaned equipment Have phones turned off Clean warehouse Take down signage Send volunteers home Do a walk-through with owner or agent (have utilities transferred to owner/agent) Turn over keys


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Thank You Letter for Donations

Sample State Main Street

Anywhere, USA

Date

Dear: Willing Citizen Center Street Junction City, USA On behalf of the State of Sample, I want to personally thank you for your offer of: 20,000 Widgets including transportation. As you already have learned, our State has been heavily damaged by the storms that came through here date. I just wanted to let you know how much we appreciate your willingness to make such an offer to our State. A representative of our Donation Coordination Team will be contacting you to work out the details for receiving this offer. Sincerely, John Stokes Governor Sample State


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August 14, 2003

To: State and Local Officials

Subject: Disaster Donation Policy

NVOAD Background:

When disaster strikes—whether flood, hurricane, earthquake, or explosion—lives, homes, communities,

and businesses may be damaged or destroyed. The people affected often need serious and substantial

short- and long-term help to put their lives back together. Federal, State, and local governments supply

resources; voluntary organizations also provide money, volunteers, material necessities, and a variety of

expertise.

After Hurricane Camille (1969), it became clear to organizations that regularly helped disaster victims

that their services were frequently duplicated and uncoordinated. For example, two organizations would

be feeding disaster victims on opposite corners. Representatives from seven organizations began to meet

on a regular basis to share their respective activities, concerns, and frustrations in disaster response. They

developed National Voluntary Organizations Active in Disaster (NVOAD), which now has almost

40 members. In addition, there are VOADs in all of the States and most of the territories.

After Hurricane Andrew (1992), the VOAD movement extended to the local level. Disaster response

organizations in regions hit by the disaster learned that cooperation at the regional, county, or metro-area

level was crucial. In Florida, for example, the disaster did not affect the entire State, just the far south. It

made sense for local groups to convene locally instead of in the State capital. In 1996, serving local

VOADs became part of the official mission of NVOAD.

Issue Background:

Voluntary organizations operate on budgets based on donations from members, from private and public

institutions and from the general public. During times of disasters, many donors are motivated to

contribute to voluntary organizations that perform disaster services. These donations make it possible for

voluntary organizations to provide urgently needed services to disaster victims. Government agencies at

all levels depend on the relief efforts of voluntary agencies to provide immediate relief, as well as mid-

and long-term assistance. These private resources augment assistance from the government. Without

voluntary organization assistance and the labor of volunteers, government would be faced with many

more demands on their scarce resources.

The Current Issue:

In the last few years, several State Governments and other political jurisdictions have solicited or received

donations from companies and the public following a disaster. Several Government agencies have

established 800 telephone numbers to coordinate or solicit donations. Government "competition" for

private donations has decreased the amount of cash available to voluntary organizations, thus negatively

impacting the ability of voluntary organizations to provide emergency relief and rehabilitation.

NVOAD's Position and Recommendation:

NVOAD and its members want State Governors and their Offices of Emergency Management to

understand the potentially serious negative impact of their donation management polices. Government

solicitation or receipt of public donations after a disaster negatively impacts the ability of voluntary

agencies to respond to the immediate and urgent needs of disaster victims.


Toolkit 39

NVOAD urges States to recognize the national Donation Management Policy of the Federal Emergency

Management Agency (FEMA) and adopt the following policies related to Cash Donations following a

disaster:

State Governments should establish policies that refer potential donors to voluntary organizations that are

providing services to disaster victims; and States should not solicit or accept private donations from the

public. State Government should encourage local jurisdictions to establish similar policies and

procedures. In the event that cash donations are received by a State or local government agency, decisions

about the distribution of such contributions should be referred to a public-private group with established

criteria for distributing these funds.

We believe that this policy will result in more contributions and fewer conflicts among organizations that

are now supporting government in assisting disaster victims. Additionally, to support this policy,

NVOAD will encourage every State VOAD to have representation on the State Donations Coordination

Team. This in turn will assure participation in the ongoing planning efforts of the State Government to

address issues of donations management. NVOAD and VOAD members are available to assist

government jurisdictions to: develop their donation management plans; establish procedures for managing

phone banks; and conduct training courses for staff working in donation management.

Sincerely,

The NVOAD Board of Directors

National Voluntary Organizations Active in Disaster

14253 Ballinger Terrace Burtonsville, MD 20866 301.890.2119


Toolkit 40

Coordinating Agency:

Department of Homeland

Security/Federal Emergency

Management Agency

Cooperating Agencies:

Department of Agriculture

Department of Health and Human Services

Department of Homeland Security

Department of State

Department of Transportation

Corporation for National and Community

Service

General Services Administration

U.S. Agency for International Development

USA Freedom Corps

National Voluntary Organizations Active in

Disaster

INTRODUCTION

Purpose

The Volunteer and Donations Management Support Annex describes the coordination

processes used to support the State in ensuring the most efficient and effective use of

unaffiliated volunteers, unaffiliated organizations, and unsolicited donated goods to support

all Emergency Support Functions (ESFs) for incidents requiring a Federal response, including

offers of unaffiliated volunteer services and unsolicited donations to the Federal Government.

Scope

This annex provides guidance on the Federal role in supporting State governments in the

management of masses of unaffiliated volunteers and unsolicited donated goods. (Any

reference to volunteer services and donated goods in this annex refers to unaffiliated volunteer services1 and unsolicited goods, unless otherwise stated.) This guidance applies to

all agencies and organizations with direct and indirect volunteer and/or donations

responsibilities under the National Response Framework.

Policies

The goal of volunteer and donations management is to efficiently and effectively support the

affected jurisdictions in close collaboration with the voluntary organizations/ agencies, in an

effort to manage the overall influx of offers of goods and services to the Federal Government,

States, tribes, local governments, voluntary agencies, and other entities before, during, and

after an incident.

The Federal Government encourages State, tribal, and local governments to coordinate with

voluntary agencies, community and faith-based organizations, volunteer centers, and

private-sector entities through local Citizen Corps Councils and local Voluntary Organizations

1 Unaffiliated volunteers, also known as spontaneous volunteers, are individuals who offer to help or self-

deploy to assist in emergency situations without fully coordinating their activities. They are considered “unaffiliated” in that they are not part of a disaster relief organization. Although unaffiliated volunteers can be significant resources, because they do not have preestablished relationships with emergency response organizations, verifying their training or credentials and matching them with the appropriate service areas can be difficult.


Toolkit 41

Active in Disaster (VOADs) to participate in preparedness activities including planning,

establishing appropriate roles and responsibilities, training, and exercising.

Private nonprofit and private-sector organizations that can provide a specific disaster-related

service to Federal, State, local, and tribal governments are encouraged to establish

preincident operational agreements with emergency management agencies. At the Federal

level, FEMA will provide preincident support to broker a match with the most appropriate ESF

or response element for organizations with disaster services that are not currently affiliated

with a specific ESF.

State, tribal, and local governments have primary responsibility, in coordination with VOADs,

to develop and implement plans to manage volunteer services and donated goods.

Full use of existing volunteer and donations management resources at the local level is

encouraged before seeking assistance of the State or Federal governments.

The Department of Homeland Security (DHS)/Federal Emergency Management Agency

(FEMA) coordinates with other Federal agencies, in support of the State, to identify

operational requirements for an effective State Volunteer and Donations Management

operation.

The Corporation for National and Community Service (CNCS) coordinates with other Federal

agencies and voluntary organizations in support of State, tribal, and local government efforts

in the coordination and management of unaffiliated volunteers.

The Federal Government will have a system to manage and coordinate offers of unaffiliated

volunteer services and unsolicited donated goods from the private sector that are made to

the Federal Government, so that any appropriate offer can be effectively integrated into the

overall process.

State and local governments are encouraged to establish a structure responsible for

receiving, tasking, and employing the full range of goods and services that may be donated

during an emergency.

The Federal Government encourages individuals interested in volunteering personal services

to directly affiliate with a voluntary organization/agency of their choice or a local volunteer

center, and/or to participate through their local Citizen Corps program.

The Federal Government encourages donations from the general public to be made as cash

to voluntary, faith-based, and/or community organizations providing services to disaster

victims.

Policies and procedures regarding International Donations coordination of government-to-

government assistance and assistance from international organizations such as the North

Atlantic Treaty Organization (NATO) and the United Nations (U.N.) are addressed in the

International Assistance System (IAS) as described in the International Coordination Support

Annex, which is managed jointly by the Department of State (DOS), the U.S. Agency for

International Development (USAID), and DHS/FEMA.

Donations of blood products are referenced in the ESF #8 – Public Health and Medical

Services Annex.

Other Federal agencies may have independent authority to accept gifts and/or services of

volunteers that may be exercised independently by those agencies.


Toolkit 42

The Federal Government will include State and tribal governments, nongovernmental

organizations, private-sector representatives, and others as appropriate in training and

exercises.

All activities, functions, and services are provided in accordance with existing Federal

statutes, rules, and regulations.

Preincident Activities

DHS/FEMA recommends that States and local jurisdictions develop and strengthen a

Volunteer and Donations Management ESF/Support Annex in their State and local emergency

plans. These plans should detail volunteer and donations management-related outreach and

education programs, procedures to activate mutual aid such as the Emergency Management

Assistance Compact, communications and facilities management, a Volunteer/Donations

Coordination Team, a call center, relevant points of contact, safety and security, and

demobilization.

CONCEPT OF OPERATIONS

The Federal Government supports State and tribal government efforts to manage unaffiliated

volunteers and unsolicited donated goods. Requests for support under this annex from

Federal, State, tribal, and local authorities generally are coordinated through the Regional

Response Coordination Center (RRCC) or the Joint Field Office (JFO). Depending on the

situation, however, coordination may occur at the National Response Coordination Center

(NRCC). DHS/FEMA provides Volunteer and Donations Management staff to the NRCC, RRCC,

and JFO in support of the State, as required.

Federal support of volunteer and donations management operations may include:

Activation of a Volunteer/Donations Coordination Team at DHS/FEMA Headquarters to

expedite service provided to donors from large private-sector entities, large civic

organizations, and others, and to address large national media-driven collection drives

and other complex situations involving donated goods and volunteer services.

At the request of the State or tribal government, a national donations and volunteer

management Web-based application that enables the general public to register their

offers of donated goods and services, thus providing the State/tribal Volunteer/Donations

Coordination Team a real-time view of offers and the ability to match offers to needs.

Coordination with appropriate DHS/FEMA Divisions/Offices, the CNCS, National VOAD

leadership, the Points of Light & Hands On Network leadership and their Volunteer

Centers, State VOAD leadership, and other stakeholders as necessary.

Facilities management such as multiagency warehouse and volunteer reception center

capabilities.

Communications support such as coordination of a national hotline and/or call center.

The CNCS supports utilization of volunteers who are not part of the preexisting Federal,

State, tribal, and/or local emergency management structure.

National VOAD supports the management of unsolicited donations including efforts to

maximize the utility of unsolicited donations, public information campaigns, and disposition of unneeded goods.


Toolkit 43

RESPONSIBILITIES

Headquarters-Level Responsibilities: DHS/FEMA and Cooperating Agencies

Preincident Activities

In coordination with DHS/FEMA regions, the CNCS, National VOAD, Points of Light & Hands

On Network and their Volunteer Centers, and private-sector representatives:

Establish a steering committee to be chaired by FEMA and National VOAD that will

manage further development and revision of this annex and other supporting

documentation.

Develop and expand the national network of the following organizations that serve at the

State, tribal, and local levels:

Citizen Corps Councils

CNCS

VOADs

Points of Light & Hands On Network and their Volunteer Centers

Support and promote availability and operation of a Web site to facilitate collection and

tracking of offers of goods and services to enable effective matching of offers with needs.

Develop, maintain, and implement a comprehensive volunteer and donations

management training program.

Encourage resource typing and credentialing in support of effective volunteer and

donations management in the field. Examples include typing of Volunteer/Donations

Coordination Teams and volunteer and donations facilities.

Support DHS/FEMA regional staff and cooperating agencies in providing technical

assistance to the States.

Convene regular interagency meetings with cooperating agencies and other stakeholders

to enhance collaboration and information sharing.

Establish and maintain contingency plans for an enhanced level of Federal support to

affected States in a catastrophic and/or multistate incident.

Support the activation of the IAS, as needed, to coordinate requests for international

assistance and formal offers of assistance from foreign governments and international

organizations such as NATO and the U.N. (See the International Coordination Support

Annex.)

Response Activities

The affected State, tribal, and local governments, in conjunction with their voluntary

organization partners, are responsible for implementing the appropriate plans to ensure the

effective management of the flow of volunteers and goods in the affected area. DHS/FEMA

provides support through the RRCC or JFO as necessary.

In conjunction with the RRCC and/or JFO, DHS/FEMA provides communications support as needed including:


Toolkit 44

Rapid communications with key voluntary agency, State, and private-sector coordinators.

Media relations support.

Support in the activation of the Web-based volunteer and donations matching software.

In catastrophic circumstances, the possible activation of a national call center.

The NRCC activates its Volunteer/Donations Desk and/or DHS/FEMA activates a

Volunteer/Donations Coordination Team to:

Address high-level corporate offers, complex media- and/or congressionally driven offers,

nationally organized collection drives, and international coordination, as needed.

Provide technical assistance to other agencies that receive offers of goods and services

from the private sector and assist with the processing of those offers.

Designate a headquarters-level point of contact to coordinate with regional and field

offices to determine significant needs for donations or unique goods and services that

large organizations may be able to donate. The point of contact provides a headquarters

liaison with high-level organizations, arranging to satisfy identified needs.

Regional-Level Responsibilities: DHS/FEMA and Cooperating Agencies

Coordinates with the State and/or tribal government on their specific needs and requests.

Designates an RRCC point of contact.

Designates a point of contact in regional and field offices to obtain information about

significant needs for donations or unique goods and services that large organizations may

be able to donate, and to provide such information to the headquarters-level point of

contact.

Assists the State Volunteer and Donations Coordinator, as needed, with:

Early on-the-ground situation assessment for critical operational requirements and

appropriate follow-through (e.g., the need for the establishment of possible ad hoc

staging areas for incoming unaffiliated volunteers, and assistance regarding

unaffiliated volunteers who have organized large-scale donations distribution centers

in the affected area).

Setting up a Volunteer/Donations Coordination Center to include a

Volunteer/Donations Coordination Team and volunteer and donations hotline.

Ensuring the appropriate donations receiving and distribution facilities are established

and operating effectively.

Coordinating with the Joint Information Center and ESF #15 – External Affairs on

public service announcements, press releases, and other media-related support.

Coordinating with appropriate DHS/FEMA Divisions/Offices, the CNCS, National VOAD

leadership, the Points of Light & Hands On Network and their Volunteer Centers, State

VOAD leadership, other Federal agencies, and stakeholders as necessary.

Preparing input for situation reports, briefings, and VIP visits, as necessary.

Providing support to voluntary groups in documentation of activities.


Toolkit 45

COOPERATING AGENCIES

Agency Functions

Department of Agriculture

Inspects and ensures the wholesomeness and safety of donated foreign animal, plant, and food products.

Department of Health and Human

Services

Food and Drug Administration: Inspects and ensures the wholesomeness and safety of donated foreign animal, plant, and food products.

Department of Homeland Security

Private Sector Office: Provides support to DHS/FEMA Headquarters Volunteer/Donations Coordination Team efforts in processing private-sector and other high-level offers.

Department of State

In coordination with DHS/FEMA and USAID, operates the IAS to coordinate requests for government-to-government international assistance and manage formal offers of assistance from foreign governments and international organizations. (See the International Coordination Support Annex.)

Department of Transportation

Provides information on transportation routes as necessary.

Provides guidance and support on transportation rules, regulations, and

requirements as needed.

Corporation for National and Community Service

Provides support to the States, including trained national service participants (AmeriCorps members, Learn and Serve America volunteers, and Retired and Senior Volunteer Program volunteers) to support State volunteer and donations management operations, as needed, such as:

Call center/hotline operations.

Volunteer Reception Center startup.

Donations warehousing operations.

Other support activities identified by the FEMA Volunteer and Donations

Coordinator or FEMA Voluntary Agency Liaison.

General Services Administration

Provides equipment, supplies, and facilities as required.

U.S. Agency for International

Development

In coordination with DHS/FEMA and DOS, operates the IAS to coordinate requests for government-to-government international assistance and

manage formal offers of assistance from foreign governments and international organizations. (See the International Coordination Support Annex.)

National Voluntary

Organizations

Active in Disaster (National VOAD)

National VOAD members are the primary coordinating nonprofit

organizations for the management of unaffiliated volunteers and unsolicited

donations. National VOAD:

Provides technical assistance, as needed, to National VOAD member

organizations and State and local VOADs regarding their unaffiliated

volunteer and unsolicited donations management activities.

Supports, as necessary, National VOAD members that have roles in

volunteer and donations management to ensure the members’ full participation in volunteer and donations management operations. Volunteer and donations operations functions may include: multiagency

warehouse management, local distribution centers, volunteer reception centers, call center support, operational guidance on managing unsolicited donations and unaffiliated volunteers, situational assessment, and coordination of matching offers to needs.

USA Freedom

Corps

Shares volunteer and donation information via www.volunteer.gov

and 1-877-USA-CORP.

Connects individuals with volunteer opportunities.


Toolkit 46

PUBLIC LAW 105-19–JUNE 18, 1997

VOLUNTEER PROTECTIONACT OF 1997


Toolkit 47

Volunteer Protection Act of 1997 This is the text of Public Law 105-19; the Volunteer Protection Act of 1997 as signed into law by President Clinton on June 18, 1997: One Hundred Fifth Congress of the United States of America AT THE FIRST SESSION Begun and held at the City of Washington on Tuesday, the seventh day of January, one thousand nine hundred and ninety-seven An Act To provide certain protections to volunteers, nonprofit organizations, and governmental entities in lawsuits based on the activities of volunteers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “Volunteer Protection Act of 1997”. SECTION 2. FINDINGS AND PURPOSE. (a) FINDINGS—The Congress finds and declares that—

(1) the willingness of volunteers to offer their services is deterred by the potential for liability actions against them;

(2) as a result, many nonprofit public and private organizations and governmental entities, including voluntary associations, social service agencies, educational institutions, and other civic programs, have been adversely affected by the withdrawal of volunteers from boards of directors and service in other capacities;

(3) the contribution of these programs to their communities is thereby diminished, resulting in fewer and higher cost programs than would be obtainable if volunteers were participating;

(4) because Federal funds are expended on useful and cost-effective social service programs, many of which are national in scope, depend heavily on volunteer participation, and represent some of the most successful public-private partnerships, protection of volunteerism through clarification and limitation of the personal liability risks assumed by the volunteer in connection with such participation is an appropriate subject for Federal legislation;

(5) services and goods provided by volunteers and nonprofit organizations would often otherwise be provided by private entities that operate in interstate commerce;


Toolkit 48

(6) due to high liability costs and unwarranted litigation costs, volunteers and nonprofit organizations face higher costs in purchasing insurance, through interstate insurance markets, to cover their activities; and

(7) clarifying and limiting the liability risk assumed by volunteers is an appropriate subject for Federal legislation because--

(A) of the national scope of the problems created by the legitimate fears of volunteers about frivolous, arbitrary, or capricious lawsuits;

(B) the citizens of the United States depend on, and the Federal Government expends funds on, and provides tax exemptions and other consideration to, numerous social programs that depend on the services of volunteers;

(C) it is in the interest of the Federal Government to encourage the continued operation of volunteer service organizations and contributions of volunteers because the Federal Government lacks the capacity to carry out all of the services provided by such organizations and volunteers; and

(D)(i) liability reform for volunteers, will promote the free flow of goods and services, lessen burdens on interstate commerce and uphold constitutionally protected due process rights; and (ii) therefore, liability reform is an appropriate use of the powers contained in article 1, section 8, clause 3 of the United States Constitution, and the fourteenth amendment to the United States Constitution.

(b) PURPOSE—The purpose of this Act is to promote the interests of social service program beneficiaries and taxpayers and to sustain the availability of programs, nonprofit organizations, and governmental entities that depend on volunteer contributions by reforming the laws to provide certain protections from liability abuses related to volunteers serving nonprofit organizations and governmental entities. SECTION 3. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY. (a) PREEMPTION—This act preempts the laws of any State to the extent that such laws are inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protection from liability relating to volunteers or to any category of volunteers in the performance of services for a nonprofit organization or governmental entity.

(b) ELECTION OF STATE REGARDING NONAPPLICABILITY—This Act shall not apply to any civil action in a State court against a volunteer in which all parties are citizens of the State if such State enacts a statute in accordance with State requirements for enacting legislation—

(1) citing the authority of this subsection;

(2) declaring the election of such State that this Act shall not apply, as of a date certain, to such civil action in the State; and

(3) containing no other provisions.

SECTION 4. LIMITATION ON LIABILITY FOR VOLUNTEERS.


Toolkit 49

(a) LIABILITY PROTECTION FOR VOLUNTEERS—Except as provided in subsections (b) and (d), no volunteer of a nonprofit organization or governmental entity shall be liable for harm caused by an act or omission of the volunteer on behalf of the organization or entity if--

(1) the volunteer was acting within the scope of the volunteer’s responsibilities in the nonprofit organization or governmental entity at the time of the act or omission;

(2) if appropriate or required, the volunteer was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice in the State in which the harm occurred, where the activities were or practice was undertaken within the scope of the volunteer’s responsibilities in the nonprofit organization or governmental entity;

(3) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the volunteer; and

(4) the harm was not caused by the volunteer operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or the owner of the vehicle, craft, or vessel to--(A) possess an operator’s license; or (B) maintain insurance.

(A) Possess and operator’s license; or

(B) Maintain insurance

(b) CONCERNING RESPONSIBILITY OF VOLUNTEERS TO ORGANIZATIONS AND ENTITIES—Nothing in this section shall be construed to affect any civil action brought by any nonprofit organization or any governmental entity against any volunteer of such organization or entity.

(c) NO EFFECT ON LIABILITY OF ORGANIZATION OR ENTITY—Nothing in this section shall be construed to affect the liability of any nonprofit organization or governmental entity with respect to harm caused to any person.

(d) EXCEPTIONS TO VOLUNTEER LIABILITY PROTECTION—If the laws of a State limit volunteer liability subject to one or more of the following conditions, such conditions shall not be construed as inconsistent with this section:

(1) A State law that requires a nonprofit organization or governmental entity to adhere to risk management procedures, including mandatory training of volunteers.

(2) A State law that makes the organization or entity liable for the acts or omissions of its volunteers to the same extent as an employer is liable for the acts or omissions of its employees.

(3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law.

(4) A State law that makes a limitation of liability applicable only if the nonprofit organization or governmental entity provides a financially secure source of recovery for individuals who suffer harm as a result of actions taken by a volunteer on behalf of the organization or entity. A financially secure source of recovery may be an insurance policy within specified limits, comparable coverage from a risk pooling


Toolkit 50

mechanism, equivalent assets, or alternative arrangements that satisfy the State that the organization or entity will be able to pay for losses up to a specified amount. Separate standards for different types of liability exposure may be specified.

(e) LIMITATION ON PUNITIVE DAMAGES BASED ON THE ACTIONS OF VOLUNTEERS—

(1) GENERAL RULE—Punitive damages may not be awarded against a volunteer in an action brought for harm based on the action of a volunteer acting within the scope of the volunteer’s responsibilities to a nonprofit organization or governmental entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action of such volunteer which constitutes willful or criminal the individual harmed.

(2) CONSTRUCTION—Paragraph (1) does not create a cause of action for punitive damages and does not preempt or supersede any Federal or State law to the extent that such law would further limit the award of punitive damages.

(f) EXCEPTIONS TO LIMITATIONS ON LIABILITY—

(1) IN GENERAL—The limitations on the liability of a volunteer under this Act shall not apply to any misconduct that—

(A) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act of international terrorism (as that term is defined in section 2331 of title 18) for which the defendant has been convicted in any court;

(B) constitutes a hate crime (as that term is used in the Hate Crime Statistics Act (28 U.S.C. 534 note));

(C) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court;

(D) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law; or

(E) where the defendant was under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or any drug at the time of the misconduct.

(2) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed to effect subsection (a)(3) or (e).


Toolkit 51

SECTION 5. LIABILITY FOR NONECONOMIC LOSS. (a) GENERAL RULE- In any civil action against a volunteer, based on an action of a volunteer acting within the scope of the volunteer’s responsibilities to a nonprofit organization or governmental entity, the liability of the volunteer for noneconomic loss shall be determined in accordance with subsection (b)

(b) AMOUNT OF LIABILITY—

(1) IN GENERAL—Each defendant who is a volunteer, shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which that defendant is liable. The court shall render a separate judgment against each defendant in an amount determined pursuant to the preceding sentence.

(2) PERCENTAGE OF RESPONSIBILITY—For purposes of determining the amount of noneconomic loss allocated to a defendant who is a volunteer under this section, the trier of fact shall determine the percentage of responsibility of that defendant for the claimant’s harm.

SECTION 6. DEFINITIONS. For purposes of this Act:

(1) ECONOMIC LOSS—The term `economic loss’ means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law.

(2) HARM—The term `harm’ includes physical, nonphysical, economic, and noneconomic losses.

(3) ONECONOMIC LOSSES—The term `noneconomic losses’ means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature.

(4) NONPROFIT ORGANIZATION- The term nonprofit organization means--

(A) any organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code and which does not practice any action which constitutes a hate crime referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note); or

(B) any not-for-profit organization which is organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes and which does not practice any action which constitutes a


Toolkit 52

hate crime referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note).

(5) STATE—The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession.

(6) VOLUNTEER—The term “volunteer” means an individual performing services for a nonprofit organization or a governmental entity who does not receive—

(A) compensation (other than reasonable reimbursement or allowance for expenses actually incurred); or

(B) any other thing of value in lieu of compensation, in excess of $500 per year, and such term includes a volunteer serving as a director, officer, trustee, or direct service volunteer.

SECTION 7. EFFECTIVE DATE. (a) IN GENERAL—This Act shall take effect 90 days after the date of enactment of this Act.

(b) APPLICATION—This Act applies to any claim for harm caused by an act or omission of a volunteer where that claim is filed on or after the effective date of this Act but only if the harm that is the subject of the claim or the conduct that caused such harm occurred after such effective date.


Toolkit 53

Sample Floor Plan for a Volunteer and Donations

Coordination Center (VDCC)

*See n

ext

page f

or

mo

re d

eta

iled layout fo

r phone b

ank


Toolkit 54

SAMPLE FLOORPLAN FOR PHONE BANK

200

0 S

q F

t


Toolkit 55

PLAN REVIEW TOOL

PLAN CHECKLIST AND ANALYSIS:

Plan for the Community/Jurisdiction of

Plan was last revised on ___

Checklist

Overview of plan – check that standard components are in place: __Purpose __Situation __Assumptions __Concept of operation __Assessment of roles and responsibilities __Direction and control __Administration and logistics __Plan development __Appendices and attachments __* SOPs __* Forms __* Contact lists __* Organizational charts (Note: some documents are referenced only)

Analysis:

Identify and analyze key concepts and roles. Provide short concise analysis for each question.

Who is the lead agency? Who are the support agencies?


Toolkit 56

Are VOAD and the voluntary sector agencies featured as prominent players? How?

To what extent are the Voluntary Agencies identified and involved in the plan?

Are other jurisdictions and/or agencies involved in the plan? How?

Are media relations and public information functions addressed? How effectively? Are there sample press releases?

Are facilities (warehouses, distribution centers, phone banks, etc.) identified and a process for acquiring them explained?

Are transport, trucking and access control points addressed adequately in the plan?

Does the plan identify a database management system with support agencies/staff?


Toolkit 57

Is the concept of operations for planning for spontaneous volunteers adequate? How? Are volunteer coordination centers mentioned?

What is the jurisdiction’s policy on cash donations?

Is the DCT identified and the role of the DCT clearly explained?

How are needs for donations determined?

What is the policy on distributing unsolicited and undesignated goods to agencies? Which agencies are included?


Toolkit 58

Does the plan address special considerations for victims, specialized agencies and contractors?

Does the plan address international donations?

Does the plan address how the community/jurisdiction will support donations operations in other adjoining Jurisdictions, in order to prevent the flow of unsolicited goods?


Toolkit 59

COMPARISON SUMMARY TOOL

STRENGTHS GAPS JURISDICTION PLAN A:

JURISDICTION PLAN A:

JURISDICTION PLAN B:



Toolkit 60

SIMILARITIES DIFFERENCES JURISDICTION PLAN A:

JURISDICTION PLAN A:



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