HomeMy WebLinkAboutPR 20087: STATE OF TEXAS REGIONAL INCIDENT MANAGEMENT TEAM PROGRAM City of .` ort rthur Texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: January 16, 2018 To: The Honorable Mayor and City Council Through: Harvey Robinson, Interim City Manager From: Robert L. Havens, Deputy Fire Chief RE: P.R. 20087—State of Texas Regional Incident Management Team Program Introduction: The intent of this agenda item is to seek the City Council's approval for the City Manager to execute memorandums of agreement with the Texas A&M Forest Service to provide emergency response personnel to serve and respond as members of the State of Texas Regional Incident Management Team program. Background: In 2007, the State of Texas designated the Texas Forest Service, under the A&M University System, as the lead agency to establish Regional Incident Management Teams (IMTs)within the State. These teams are designed to provide expertise in the management of, and planning for, emergencies, events and disasters at the local level. These teams also respond, on request, to emergencies throughout the State of Texas, to assist the Texas Division of Emergency Management and the Texas A&M Forest Service in managing various disasters and significant events. The City of Port Arthur has participated in this program since its inception with several employees serving as members of the Golden Triangle/Sabine Neches Chiefs Association Incident Management Team. The City's emergency management activities have greatly benefitted from the free training and support our IMT members have received from this program. Approval of this proposed resolution will ensure the City of Port Arthur's IMT personnel can continue to participate in the State program and enable the City to maintain a core of personnel within our city who can provide expertise and assistance to the larger City staff as needed. Participation in this program helps maintain disaster management expertise and experience for key personnel, even when the City of Port Arthur has not affected by a citywide emergency. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 Deployment decisions are made on a case-by-case basis. Deployment is contingent upon the availability of the individual participant, approval of their department head and the approval of the City Manager. This resolution will provide approval for the City Manager to sign agreements authorizing or renewing each IMT member's participation in the State of Texas Regional Incident Management Team program. Budget Impact: This action is cost neutral. Training is provided by the Texas A&M Forest Service for no cost, and if members deploy to assist other agencies, all costs including those necessary for backfill will be reimbursed. Recommendation: The Fire Department recommends that City Council approve Proposed Resolution#20087. P. R. No. 20087 1/16/18 rlh RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUMS OF AGREEMENT WITH THE TEXAS A&M FOREST SERVICE TO PROVIDE EMERGENCY RESPONSE PERSONNEL TO SERVE AND RESPOND AS MEMBERS OF THE STATE OF TEXAS REGIONAL INCIDENT MANAGEMENT TEAM PROGRAM. WHEREAS, the Texas A&M Forest Service has established Incident Management Teams; and WHEREAS, the Incident Management Teams will be utilized by the State of Texas to coordinate and assist in providing incident management support throughout the State of Texas, in an impending or actual disaster, at the request of the Texas Division of Emergency Management; and WHEREAS, the Incident Management Teams may be deployed by the State of Texas to assist other States or Federal response efforts; and WHEREAS, individuals who serve on the incident management teams must possess certain certifications, credentials, and training; and WHEREAS, the City of Port Arthur employs personnel who possess special knowledge, skills and abilities to serve as members of an Incident Management Team; and WHEREAS, the City of Port Arthur wishes to continue to receive updated training for these individuals related to incident management and to offer the skills of these individuals to other communities and entities in need; and WHEREAS, the Texas A&M Forest Service will reimburse the City of Port Arthur for wages, and other costs related to the emergency response and deployment of these individuals, as well as backfill overtime . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. The facts and opinions in the preamble are true and correct . Section 2 . The City Manager is authorized and directed to execute Memorandums of Agreement as required by the Texas A&M Forest Service and represented in substantially the same form as the example attached hereto as Exhibit "A" . Section 3 . That a copy of the caption of this resolution shall be spread upon the Minutes of the City Council . READ, ADOPTED AND APPROVED on this day of , A.D. , 2018 , at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote : AYES : Mayor: , Councilmembers : , NOES : . Derrick F. Freeman, Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: Val 1/)-tiO Val Tizen City Attorney APPROVED FOR ADMINISTRATION: Harvey Robinson Interim City Manager Exhibit "A" Example: Memorandum of Agreement Between The Texas A&M Forest Service And Regional Incident Management Team Member And The Participating Agency/Employer Memorandum of Agreement Between The Texas A&M Forest Service And Regional Incident Management Team Member And The Participating Employer This Memorandum of Agreement (MOA) is entered into this 20th day of October, 2017 by and between the Texas A&M Forest Service (TFS), a member of The Texas A&M University System and an agency of the State of Texas and Regional Incident Management Team (RIMT) Member Robert Louis Havens (Member)and the Participating Employer City of Port Arthur(Employer). PURPOSE To delineate responsibilities and procedures for RIMT activities under the authority of the State of Texas Emergency Management Plan. II. SCOPE The provisions of this MOA apply to RIMT activities performed at the request of the State of Texas. The scope of this MOA also includes training activities mandated by the State of Texas and TFS to maintain RIMT operational readiness. III. PERIOD OF PERFORMANCE This MOA shall commence on the date of the last signature and shall continue for a period of five years,unless terminated earlier in accordance with section IX.B. IV. DEFINITIONS A. Activation: The process of mobilizing Members to deploy to a designated incident or event site. Upon acceptance of a mobilization request, the Member is required to arrive with all equipment and personal gear to the designated Point of Assembly (POA)within two hours of activation notice. The time at which the Member receives a request for activation and verbally accepts the mission will be considered the time at which personnel costs to be charged to RIMT activities shall begin. B. Alert: The process of informing Members that an event has occurred and that a Member may be activated at some point within the next 24-48 hours. C. De-Activation: The process of demobilizing Members upon notification from the State to stand down. D. Director: The Director of TFS. 1 • E. Member: An individual who has been formally accepted as an RIMT Member, meeting all requirements for skills and knowledge,and is in good standing with regard to compliance with necessary training and fitness. F. Single Resource: An individual who has been formally accepted as an RIMT Member, meeting all requirements for skills and knowledge, in good standing with regard to compliance with necessary training and fitness who is not sponsored by an employer and enters into an MOA with TFS. G. Participating Employer: The Member's employer who, by execution of this MOA, has provided official support of the Member's involvement in the RIMT Program. H. State: For the purpose of this MOA,the State of Texas through the Texas Division of Emergency Management(TDEM). I. RIMT: An integrated collection of personnel and equipment meeting standardized capability criteria for addressing incident management needs during disasters. J. TFS/State Sponsored RIMT Training and Exercises: Training and/or exercises performed at the direction,control and funding of TFS and/or the State. K. Local RIMT Sponsored Training and Exercises: Training and/or exercises performed at the direction,control and funding of a Participating Employer or Member in order to develop and maintain the incident management capabilities of the Member and/or the RIMT. V. RESPONSIBILITIES A. TFS shall: 1. Recruit and organize Members according to guidelines prescribed by TFS. 2. Provide administrative, financial and personnel management related to the RIMT Program and this MOA. 3. Provide training to Members. Training shall be consistent with the objectives of developing, upgrading and maintaining individual skills, as identified in the position description requirements, necessary to maintain operational readiness. 4. Provide coordination between the State, other relevant governmental and private entities, Participating Employer and Member. 5. Maintain a primary contact list for all Members. 6. Maintain personnel files on all Members for the purpose of documenting training records, emergency notification and other documentation as required by the State. 2 B. The Participating Employer shall: 1. Maintain a roster of all its personnel participating in the RIMT Program. 2. Provide a primary point of contact to TFS for the purpose of notification of RIMT activities. • 3. Provide administrative support to its personnel participating in the RIMT Program, i.e. "time off" when fiscally reasonable to do so for RIMT activities such as training, meetings and actual deployments. 4. Submit reimbursement claims within thirty(30)days of official deactivation or completion of TFS/State sponsored RIMT training of the Member. Salaries cannot be reimbursed for training. C. Member shall: 1. Be physically capable of performing assigned duties required in the position description requirements for the assigned position. 2. Maintain knowledge, skills and abilities necessary to operate safely and effectively in the assigned position. 3. If the Member is a Single Resource, the Member must submit to background checks consistent with Texas A&M System regulations. Individuals who refuse to submit to backgrounds check will be denied participation in the RIMT program.A Single Resource Member must report to TFS,within twenty-four(24) hours or at the earliest possible opportunity thereafter, any criminal arrests, criminal charges or criminal convictions, excluding misdemeanor traffic offenses punishable only by fine. 4. Maintain support of Participating Employer for participation in RIMT activities. 5. Keep Participating Employer advised of RIMT activities that may require time off from work. 6. Advise TFS RIMT point of contact of any change in notification process, i.e. address or phone number changes. 7. Respond immediately to a mobilization request with acceptance or refusal of current mission request and arrive within 2 hours from time of acceptance of mobilization request to the designated POA. 8. Be prepared to operate in the disaster environment. 9. Follow the RIMT Code of Conduct in Attachment A. 3 VI. PROCEDURES A. Activation 1. Upon request from the State for disaster assistance, and/or determination that pre-positioning on RIMT is prudent, TFS shall request the activation of an RIMT to respond to a designated POA. 2. TFS shall communicate an Alert and/or Activation notice to Members according to the current approved mobilization plan. B. Mobilization, Deployment and Re-deployment 1. TFS will notify Members of activation of an RIMT. 2. Upon arrival at the POA, the State representative will provide initial briefings, maps, food, housing and any other items essential to the initial set-up and support of the RIMT. 3. When an RIMT is activated,the RIMT, including all necessary equipment,will move to the pre-designated point of departure (POD) for ground or air transportation. 4. The RIMT shall be re-deployed to the original POA upon completion of the RIMT mission. C. Management 1. TFS will have overall management,command and control of all RIMT resources and operations. 2. Tactical deployment of an RIMT will be under the direction of the local Incident Commander and the RIMT Incident Commander assigned to the incident in conjunction with a TFS representative. 3. TFS may remove a Member from the RIMT deployment at any time with or without cause. VII. TRAINING AND EXERCISES A. Local RIMT Sponsored Training and Exercises Periodically Members will be requested or required to attend local RIMT sponsored training or exercises. Local RIMT sponsored training or exercises shall be performed at the direction, control and funding of the local RIMT in order to develop the technical skills of Members. Costs associated with this training or exercises will not be reimbursed by TFS or the State. 4 • B. TFS/State Sponsored RIMT Training and Exercises Periodically Members will be required and/or invited to attend TFS/State RIMT training and/or exercises. This training and exercises will be performed at the direction, control and funding of TFS, or the State in order to develop and maintain the incident management capabilities of the Member. Allowable travel costs associated with this training will be reimbursed by TFS. C. Minimum Training Requirements Member will have successfully completed the AHIMT Course 0-305 and be issued a position task book for the RIMT position toward which they are working to complete. VIII. ADMINISTRATIVE,FINANCIAL AND PERSONNEL MANAGEMENT A. Reimbursement to Participating Employer 1. TFS will reimburse Participating Employer for all wages identified and allowed in the RIMT Standard Pay Policy (Section VIII, C). TFS will reimburse all amounts necessary to fund allowable payroll associated costs of state and/or federal disaster deployments. 2. TFS will reimburse Participating Employer for the cost of backfilling while a Member is activated. This shall consist of expenses generated by the replacement of a deployed Member on their normally scheduled duty period/day. 3. TFS will reimburse Participating Employer for salaries and backfill expenses of any deployed Member who would be required to return to regularly scheduled duty during the personnel rehabilitation period described in the demobilization order. If the deployed Member's regularly scheduled shift begins or ends within the identified rehabilitation period, Participating Employer may give the deployed Member that time off with pay and backfill his/her position. If Member is not normally scheduled to work during the identified rehabilitation period,then no reimbursement will be made for Member. TFS will determine the personnel rehabilitation period that will apply based on the demobilization order for that deployment. 4. TFS will reimburse Participating Employer for reasonable travel expenses associated with Member's travel for RIMT training or deployment. All travel reimbursements will be in accordance with the State of Texas Travel Allowance Guide, published by the Comptroller of Public Accounts. 5. TFS will reimburse Participating Employer for reasonable (as determined by TFS)personal costs associated with Member's participation in a deployment. 6. Participating Employer shall submit to TFS all reimbursement requests within 30 days of Member de-activation or completion of TFS/State sponsored training event. 5 B. Reimbursement of Member as an Single Resource 1. TFS will pay a Single Resource Member for all wages specified in the RIMT Standard Pay Policy (Section VIII,C). 2. TFS will reimburse a Single Resource Member for reasonable (as determined by TFS)travel expenses associated with Member's travel for RIMT training or deployment. All travel reimbursements will be in accordance with the State of Texas Travel Allowance Guide, published by the Comptroller of Public Accounts. 3. TFS will reimburse a Single Resource Member for reasonable (as determined by TFS)personal costs associated with participation in a deployment. 4. Single Resource Member must submit to TFS all reimbursement requests within 30 days of de-activation or completion of TFS/State sponsored training event. C. Standard Pay Policy: This section delineates the policy for payment and/or reimbursement of payroll expenses to include salaries/wages and associated fringe benefits incurred during state activations of a Member. 1. Pay Rate A. TFS will reimburse Participating Employer for the participation of each Member who is employed by them at the hourly rate or salary identified on the most current payroll printout provided by the Employer requesting salary reimbursement. TFS may also reimburse Participating Employer for the allocable portion of fringe benefits paid to or on behalf of the Member during the period of activation. The actual benefits paid must also be shown on or attached to the Participating Employer payroll printout submitted to TFS. B. Participating Employer will be reimbursed for hours worked on the deployment by Member, including travel and mobilization time,and will be reimbursed for overtime on the deployment which is calculated per their policies(i.e.either time worked over 8-hours per day or over 40-hours per week). Hours spent not working during the deployment will not be reimbursable(i.e. time sleeping). Mandatory days off are defined and reimbursable to the extent allowed by the latest version of the Interagency Incident Business Management Handbook. The handbook can be found at this link: http://www.nwce.gov/s itcs/default/files/products'pm s902.pd f 6 C. As a Single Resource, Members will be paid at a rate identified with his/her RIMT position on the RIMT Pay Schedule by Position (see Attachment B). The Single Resource's 40-hour workweek will begin upon acceptance of the mission. The individual will be paid for the first 40 hours at the standard base rate of pay, and at one and one-half(I'A) times for all other hours in that same week. The workweek will consist of seven consecutive workdays to include weekends and holidays. 2. Work Periods: Work periods shall be determined by the incident commander. A. Every day may be considered a workday during the Activation until the Activation is over,and the RIMT returns to its original POA. Therefore, Saturday, Sunday, holidays and other scheduled days off may also be considered workdays during the timeframe of activation, if the Member is assigned a work period by the incident commander. 3. Ordered Standby A. Compensable standby shall be limited to those times when an individual is held, by direction or orders, in a specific location, fully outfitted and ready for assignment. D. Reimbursement Process 1. All requests for reimbursement must be submitted using the most current RIMT Travel and Personnel Reimbursement Form (Attachment C). 2. TFS will process payment to Participating Employer or Single resource member for all allowable expenses within 30 days of receipt of the properly completed and supported RIMT Travel and Personnel Reimbursement Form. 3. Neither Member nor Participating Employer will be reimbursed for costs incurred by activations that are outside the scope of this MOA. 4. All financial commitments herein are made subject to availability of funds from the State. E. Medical Care for Injury or Illness 1. If Member incurs an injury or illness during an RIMT training exercise or deployment,TFS will pay for triage medical care to ensure Member is properly treated and medically evaluated. TFS will make a determination as to whether the injury or illness was work related and will notify Participating Employer for proper processing of Workers Compensation claim. Participating Employer will be responsible for handling any additional medical care for work related injuries or illnesses under its Worker Compensation insurance. Member will be responsible for handling any additional medical care for non-work related injuries or illnesses under his/her personal health insurance. 7 F. Liability 1. It is mutually agreed that TFS, Participating Employer and Member shall each be responsible for their own losses arising out of the performance of this MOA. G. Employment Status 1. The Member shall remain an employee of Participating Employer and not of TFS at all times. Single Resource is an independent contractor,and not an employee of TFS. 2. TFS has no obligation to make any payments to or on behalf of the Member except as expressly stated in this MOA. Member will not participate in any benefits which TFS offers to its employees. IX. CONDITIONS,AMENDMENTS AND TERMINATION A. This MOA may be modified or amended only by the written agreement of all parties. B. Any party, upon 30 day written notice, may terminate this MOA. C. This MOA is governed by the laws of the State of Texas. Venue for any suits related to this MOA shall be in Brazos County,Texas. X. POINTS OF CONTACT TFS Participating Employer Chelsea Brewster City of Port Arthur AHIMT Business Coordinator Larry Richard, Fire Chief 200 Technology Way, Suite 1162 P.O. Box 1089 College Station, TX 77845 Port Arthur, Texas 77641 Tel#: 979-458-7350 Tel#:409-983-8740 e-mail: cbrewsterntfs.tamu.edu Lrichard@PortArthur.com Member Robert L. Havens P.O. Box 1089 Port Arthur, Texas 77641 Tel#:409-344-1021 Rhavens@PortArthur.com 8 XI. GENERAL PROVISIONS A. This MOA,with the rights and privileges it creates,is assignable only with the written consent of the parties. B. Acceptance of funds under this MOA constitutes acceptance of the authority of TFS, the Texas State Auditor's Office,or any successor agency(collectively,"Auditor"), to conduct an audit or investigation in connection with those funds under Section 51.9335(c), Texas Education Code. Member and Participating Employer shall cooperate with the Auditor in the conduct of the audit or investigation, including without limitation,providing all records requested. C. Pursuant to Section 2252.903, Texas Government Code, any payments owing to a Single Resource, Member or Participating Employer under this MOA may be applied directly toward certain debts or delinquencies that Member or Participating Employer owes the State of Texas or any agency of the State of Texas regardless of when they arise, until such debts or delinquencies are paid in full. D. A child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25% is not eligible to receive payments from state funds under an agreement to provide property, materials, or services until all arrearages have been paid or the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency. The Texas Family Code requires the following statement:"Under Section 231.006, Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan,or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate." E. TFS,Member and Member's Participating Employer shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). No party may discriminate against any individual under this MOA on the basis of race, color, sex, religion, national origin,age,disability,genetic information,veteran status,sexual orientation or gender identity. In addition, the use of state or federal facilities, services and supplies will be in compliance with regulations prohibiting duplication of benefits and guaranteeing nondiscrimination. Distribution of supplies, processing of applications, provisions of technical assistance and other relief assistance activities shall be accomplished in an equitable and impartial manner,without discrimination. F. To the extent applicable, Member and Participating Employer shall use the dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General to attempt to resolve any claim for breach of contract made by Member or Participating Employer that cannot be resolved in the ordinary course of business. Member or Participating Employer shall submit written notice of a claim of breach of contract under this Chapter to TFS's designated official, who will examine the claim and any counterclaim and negotiate in an effort to resolve the claim. 9 XII. ENTIRE AGREEMENT This MOA along with the following Attachments reflects the entire agreement between the parties: Attachment A, RIMT Code of Conduct Attachment B, RIMT Pay Schedule by Position Attachment C, RIMT Travel and Personnel Reimbursement Form (most current revision) Participating Employer and Member hereby acknowledge that they have read and understand this entire MOA. All oral or written agreements between the parties hereto relating to the subject matter of this MOA that were made prior to the execution of this MOA have been reduced to writing and are contained herein. Participating Employer and Member agree to abide by all terms and conditions specified herein and certify that the information provided to TFS is true and correct in all respects to the best of their knowledge and belief. This MOA is entered into by and between the following parties: TEXAS A&M FOREST .VI Signature: i A, Name: To ' . Bo 'us Title: •.irector and State Forester Date: /0 —311 7 7 PARTICIPATING EMPLOYER Signature: Name: Title: Date: MEMBER: Signature: Name: Date: 10