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HomeMy WebLinkAboutPR 20860: MOA US COAST GUARD CUTTER STINGRAY AND THE CITY OF PORT ARTHUR FIRE DEPARTMENT REGARDING FIRE PROTECTION AND EMERGENCY SERVICES Ene,g) City of cn 4 louur1 rthu � Texas INTEROFFICE MEMORANDUM Office of the Fire Chief Date: May 23,2019 To: Rebecca Underhill, Interim City Manager From: Robert L.Havens,Deputy Fire Chief/Deputy EMC RE: Proposed Resolution 20860 Nature of the Request: This resolution will authorize the City Manager to enter into a Memorandum of Agreement with the United States Coast Guard Cutter(USCGC) Stingray. This MOA will provide guidance for all parties on how the Command or crew of the USCGC Stingray would request mutual aid support from the Port Arthur Fire Department(PAFD). The purpose of this MOA is to set forth the terms and conditions under which the Port Arthur Fire Department will provide fire protection and emergency medical, hazardous materials response, confined space rescue services, and dive team support to USCGC Stingray, located at Sabine Pass, Texas. Staff Analysis, Considerations: United States Coast Guard (USCG) Station Sabine is located within the jurisdictional boundaries of the City of Port Arthur. The USCGC Stingray has replaced the USCGC Pompano as the station cutter assigned to USCG Station Sabine. The Port Arthur Fire Department is the authority having jurisdiction (AHJ) for fire and emergency services response to the USCG Station Sabine. This MOA provides direction and assurances to both USCG and PAFD personnel for pre-incident, emergency response, and post incident activities concerning fire and emergency service response to Station Sabine and USCGC Stingray. The USCG requires all newly assigned/stationed vessels of this type to obtain a MOA of this type for fire protection and emergency services with the local fire service response agency regardless if they are already statutorily protected by the local AHJ or not. Recommendations: The Fire Department recommends approval of this resolution. This MOA clarifies and strengthens the longtime professional relationship between the Port Arthur Fire Department and our federal partner the USCG. Budget Considerations: There is no cost to the City of Port Arthur associated with this proposed resolution. "Remember we are here to serve the Citizens of Port Arthur" P. O. BOX 1089 * PORT ARTHUR,TEXAS 77641-1089*409/983-8101 * FAX 409/982-6743 P.R. No. 20860 5/23/19 RLH Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE UNITED STATES COAST GUARD CUTTER STINGRAY AND THE CITY OF PORT ARTHUR ON BEHALF OF ITS FIRE DEPARTMENT REGARDING FIRE PROTECTION AND EMERGENCY SERVICES. WHEREAS,the City of Port Arthur and the Port Arthur Fire Department has maintained a longtime professional relationship with our federal partner the United States Coast Guard; and, WHEREAS, the United States Coast Guard Station Sabine is located within the jurisdictional boundaries of the City of Port Arthur; and, WHEREAS, the Port Arthur Fire Department is the authority having jurisdiction for fire and emergency services response to the United States Coast Guard Station Sabine; and, WHEREAS,the Memorandum of Agreement provides direction and assurances to both the United States Coast Guard and the Port Arthur Fire Department personnel for pre-incident planning, emergency response, and post-incident recovery activities concerning fire and emergency service response to Station Sabine and the United States Coast Guard Cutter Stingray; and, WHEREAS, the City regularly enters into Memorandums of Agreement with other jurisdictions and agencies to secure aid in the event of emergencies and clarify roles and responsibilities of participant entities; and, WHEREAS, a standardized Memorandum of Agreement has been proposed by the United States Coast Guard to facilitate the entering of an agreement with the City of Port Arthur on behalf of its Fire Department for fire protection and emergency services; and, WHEREAS, the entering of this agreement with participating jurisdictions and entities is authorized pursuant to Chapter 791 of Texas Government Code (Interlocal Cooperation Act), Chapter 418 of the Texas Government Code (Texas Disaster Act of 1975), Chapter 421 of the Texas Government Code (Homeland Security), and Chapter 362 of the Local Government Code. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: P.R. No. 20860 5/23/19 RLH Page 2 of 3 THAT, the facts and opinions in the preamble are true and correct; and, THAT,the Mayor and City Council authorize the City Manager to enter into a Memorandum of Agreement with the United States Coast Guard Cutter Stingray and the City of Port Arthur on behalf of its Fire Department regarding Fire Protection and Emergency Services; and THAT, a copy of this caption be spread upon the Minutes of the City Council. READ,ADOPTED AND APPROVED on this day of June, A.D. 2019, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers: NOES: Derrick Freeman, Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: all/0al Tiff o A 640ii-ef- City A orney P.R. No. 20860 5/23/19 RLH Page 3 of 3 APPROVED FOR ADMINISTRATION: Rebecca Underhill Interim City Manager Larry Richard Fire Chief --kic„,_ i--- c.,,__,,,P Kandy Daniel Director of Finance Clifton Williams, CPPB Purchasing Manager EXHIBIT "A" Cutter STINGRAY/City of Port Arthur on Behalf Of its Fire Department Agreement MEMORANDUM OF AGREEMENT BETWEEN UNITED STATES COAST GUARD AND THE CITY OF PORT ARTHUR ON BEHALF OF ITS FIRE DEPARTMENT REGARDING FIRE PROTECTION AND EMERGENCY SERVICES 1. PARTIES. The parties to this memorandum of agreement(MOA) are the United States Coast Guard (USCG) and the City of Port Arthur on behalf of its Fire Department (collectively, the Parties). 2. AUTHORITY. The authority for this agreement is found in 14 U.S.C. § 141 and the Shipboard Fire Prevention and Fire Marshal Instruction, COMDTINST 9091.1 (series). 3. PURPOSE. The purpose of this MOA is to set forth the terms and conditions under which the Port Arthur Fire Department shall provide fire protection and emergency medical,hazardous materials response, confined space rescue services, and dive team support to United States Coast Guard Cutter STINGRAY, located at Sabine Pass, Texas. 4. RESPONSIBILITIES. Coast Guard a. A designated representative of USCGC STINGRAY shall request fire or emergency medical equipment and personnel by telephone. Emergency notification will be done by calling 911. Non-emergency requests for assistance can be made by calling fire dispatch at 409-983-8700. b. Any request for aid under this agreement shall include a description by USCGC STINGRAY representative of the type and nature of the fire or emergency to which response is requested, and shall specify the location to which the equipment and personnel are to be dispatched; however,the amount and type of equipment and number of personnel responding shall be determined by the Port Arthur Fire Department. c. A designated USCGC STINGRAY representative shall provide an escort to meet the equipment and personnel and guide the Port Arthur Fire Department to the location where the emergency services are to be rendered. d. As an aid to implementing this agreement, members of the Port Arthur Fire Department will be allowed to tour USCGC STINGRAY and any structures for the purpose of preparing pre-fire plans. Access to the facility structures will be granted at least every 6 months for the purpose of reviewing and updating pre-fire plans. Access must be arranged in advance with the commanding officer of USCGC STINGRAY or his/her designated point of contact listed below. Port Arthur Fire Department a. Upon receiving a call from USCGC STINGRAY, the Port Arthur Fire Department shall dispatch firefighting and emergency medical services equipment and personnel to USCGC STINGRAY, as determined and directed by the Port Arthur Fire Department. b. Port Arthur Fire Department equipment and personnel shall report to the location reported by USCGC STINGRAY representative, and shall be escorted by USCGC STINGRAY personnel to the location of the emergency. c. All actions of the Port Arthur Fire Department fire and rescue equipment and personnel in responding to the emergency shall be at the sole direction of the Port Arthur Fire Department. d. Following all emergency responses under this MOA, the Port Arthur Fire Department shall forward a copy of the incident report in its customary format to USCGC STINGRAY point of contact shown below. 5. POINTS OF CONTACT. Points of contact (POCs) for each party to this MOA shall be: For USCGC STINGRAY: For the Port Arthur Fire Department: EMC Michael Berry Larry D. Richard EPO Fire Chief 7034 S 1St ST P.O. Box 1089 Sabine Pass, TX Port Arthur, Texas 77641-1089 409-728-6242 409-983-8738 Cell 409-293-1331 409-971-21489 409-983-8719 Michael.D.Berry@uscg.mil Larry.Richard@portarthurtx.gov 6. OTHER PROVISIONS. a. Reimbursement to the Port Arthur Fire Department for the cost of firefighting on USCGC STINGRAY is governed by section 2210,title 15, United States Code (U.S.C.), and the implementing regulations set forth in title 44,part 151, of the Code of Federal Regulations (CFR). Any such claim for reimbursement for firefighting costs might also include costs associated with emergency medical services to the extent normally rendered by a fire service in connection with a fire. b. The USCG shall defend, indemnify, and hold the City of Port Arthur and the Port Arthur Fire Department, its officers, employees, and agents harmless from and against any and all liability, loss, expense, or claims for injury or damages arising out of the performance of this agreement but only in proportion to and to the extent such liability, loss, expense, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the USCG, its officers, employees, or agents, and further, only to the extent provided by the Federal Tort Claims Act(28 U.S.C. § 2671 et seq.) as well as the Anti-Deficiency Act (31 U.S.C. §§ 1341(a)(1)(A), 1341 (a)(1)(B)) and other applicable law. Nothing in the agreement shall constitute an obligation of funds of the United States in advance of an appropriation therefore. c. The USCG is an agency of the Federal government, and, as such, is self- insured for tort and contract liability or any other damages caused by the official activities of the U.S. Coast Guard. d. The United States' liability for damage to or loss of property,personal injury, or death resulting from the official activities of the USCG shall be governed by relevant Federal statutes which might authorize a cause of action against the United States including the Federal Tort Claims Act (28 U.S.C. §§ 2671- 2680),the Contract Disputes Act of 1978 (41 U.S.C. §§ 601-613), the Military Claims Act(10 U.S.C. § 2733), and the governing Federal Regulations found at 33 CFR part 25. e. No agency relationship is created. Port Arthur Fire Department employees shall not be deemed Federal officers, or employees of the Federal government as defined and provided for in title 5, United States Code for any purposes. No employee of the Port Arthur Fire Department shall be deemed to be a Federal employee for the purposes of any law or regulation administered by the office of personnel management, nor shall any such Port Arthur Fire Department employee be entitled to any additional pay, allowance, or inducement from the Federal government. Nothing in this provision creates any employment status or requires the United States to provide any employment or disability benefits payable to any Port Arthur Fire Department employee. f. Nothing in this agreement is intended to conflict with current law or regulation or the directives of the USCG or Department of Homeland Security or the Port Arthur Fire Department. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect. 7. EFFECTIVE DATE. The terms of this agreement become effective upon the signature of the Parties. 8. MODIFICATION. This MOA can be modified by a written agreement signed by both original signatories, or their successors in office. 9. TERMINATION. This MOA can be terminated upon 30 days written notice by either party. APPROVED BY: UNITED STATES COAST GUARD CITY OF PORT ARTHUR ON BEHALF OF ITS FIRE DEPARTMENT Michael D. Berry, EMC Rebecca Underhill EPO, USCGC STINGRAY Interim City Manager Date: Date: