HomeMy WebLinkAboutPR 24929: INTERLOCAL AGREEMENT WITH THE TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM) City of
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Texas
INTEROFFICE MEMORANDUM
Office of the Fire Chief
Date: April 29, 2026
To: Ron Burton, City Manager
From: Robert L. Havens, Interim Fire Chief/Deputy EMC
RE: Proposed Resolution 24929
Nature of the Request:
The Fire Department, Police Department, and Emergency Management recommend that the City
Council approve Proposed Resolution 24929, authorizing the City Manager to execute an
Interlocal Agreement between the City of Port Arthur and the Texas Division of Emergency
Management (TDEM) to provide office space for TDEM personnel in the City of Port Arthur
Emergency Operations Center(EOC).
Background:
The Texas Division of Emergency Management (TDEM) is responsible for coordinating
statewide emergency preparedness, response, recovery, mitigation, and disaster finance
activities. As part of its operational framework, TDEM deploys personnel regionally to improve
coordination with local jurisdictions during both routine preparedness operations and active
emergency events.
TDEM has requested use of designated office space within City-owned facilities, including space
associated with the City's Emergency Operations Center located at 549 4th Street, Suite 209-E,
Port Arthur, Texas. The proposed arrangement is governed by the Interlocal Cooperation Act,
Chapter 791 of the Texas Government Code, which authorizes local governments and state
agencies to contract for governmental functions and services.
Staff Analysis,Considerations:
It is the staff's assessment that it would be beneficial to the City of Port Arthur to have TDEM
emergency response, recovery, preparedness, mitigation, and disaster finance personnel co-
located within the City's EOC. This interlocal agreement does not stipulate any changes, impose
any additional burdens, or alter the City of Port Arthur's current emergency and disaster response
practices.
Recommendations:
Staff recommends approval of the proposed resolution authorizing the City Manager to execute
an Interlocal Agreement with the Texas Division of Emergency Management for the use of
designated office space within the City's Emergency Operations Center and related facilities.
Budget Considerations:
There is no anticipated fiscal impact to the City. TDEM will provide its own equipment and
communications systems. The agreement does not require City funding or staffing increases.
"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. 24929
4/29/26 TNR
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT
ARTHUR AND THE TEXAS DIVISION OF EMERGENCY
MANAGEMENT (TDEM) TO PROVIDE OFFICE SPACE FOR TDEM
PERSONNEL IN THE CITY OF PORT ARTHUR'S EMERGENCY
OPERATIONS CENTER(EOC).
WHEREAS, the City of Port Arthur, Texas ("City"), operates an Emergency Operations
Center ("EOC") and related public safety facilities to coordinate local emergency response,
preparedness, recovery, and mitigation activities; and
WHEREAS,the Texas Division of Emergency Management("TDEM"), a division of the
Office of the Governor of the State of Texas, is charged with coordinating statewide emergency
management functions, including disaster response, recovery, preparedness, mitigation, and
disaster finance; and
WHEREAS,TDEM has requested the use of designated office space within City facilities
to support its personnel in carrying out official state emergency management duties within the
region; and
WHEREAS, the Fire Department, Police Department, and Emergency Management find
that the temporary and ongoing co-location of TDEM personnel within City facilities will enhance
intergovernmental coordination, improve emergency response efficiency, and promote the health,
safety, and welfare of the public; and
WHEREAS, the City has identified available space within the Emergency Operations
Center located at 549 4th Street, Suite 209-E, Port Arthur, Texas (the "Premises"), suitable for
such use; and
WHEREAS, the parties are authorized to enter into this agreement pursuant to the
Interlocal Cooperation Act, Chapter 791, Texas Government Code, which permits local
governments and state agencies to contract with one another to perform governmental functions
and services; and
WHEREAS, the proposed Interlocal Agreement provides that TDEM personnel will
utilize the Premises solely for official governmental purposes, will supply their own equipment
and communications systems, will not access City internal computer networks, and will conduct
operations in a manner that does not interfere with City public safety activities; and
P.R. 24929
4/29/26 TNR
WHEREAS,the City Council further finds that the Agreement does not impose additional
financial obligations on the City and preserves the City's operational control over its facilities.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR,TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. The City Manager is hereby authorized to negotiate and execute an
Interlocal Agreement between the City of Port Arthur and the Texas Division of Emergency
Management, in substantially the same form as attached hereto as Exhibit"A," for the use of
designated office space within City facilities to support TDEM personnel.
Section 3. The Interlocal Agreement shall have a term commencing June 1, 2026, and
ending May 31, 2031, with the option for one (1) additional five (5) year renewal upon mutual
agreement of the parties.
Section 4. 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 , 2026, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
Mayor:
Councilmembers:
NOES:
P.R. 24929
4/29/26 rlh
Charlotte M. Moses,
Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED AS TO FORM:
Roxann Pais Cotroneo, City Attorney
APPROVED FOR I TRATION:
Ronald "Ron" Bur n, CPM, City Manager
J
Robert L. Havens, Interim Fire Chief
P.R. 24929
4/29/26 rlh
Exhibit A
INTERLOCAL AGREEMENT
BETWEEN CITY OF PORT ARTHUR AND
TEXAS DIVISION OF EMERGENCY MANAGEMENT
This Interlocal Agreement ("Agreement") is made and entered into between
City of Port Arthur , a local government entity located in Jefferson County, Texas
("LGE"), and Texas Division of Emergency Management, a member of the Texas A&M
University System, an agency of the State of Texas ("TDEM") for the purpose of facilitating the
provision of emergency services. The LGE and TDEM are sometimes referred to herein
individually as"Party"or collectively as"Parties."
RECITALS:
WHEREAS,pursuant to the Interlocal Cooperation Act,Texas Government Code Chapter
791, as amended, cities, counties, special districts and other legally constituted political
subdivisions of the State of Texas are authorized to enter into local contracts and agreements with
each other regarding governmental functions and services; and
WHEREAS TDEM personnel require a location from which they may operate to
coordinate state emergency response, recovery, preparedness, and mitigation efforts; and
WHEREAS,TDEM has requested that space be made available to it for its personnel and;
WHEREAS the LGE has determined there is available space to accommodate TDEM's
request in the The Press Building located at 549 4th St. Ste. 209-E
Port Arthur, TX 77640 (the"Building");
NOW THEREFORE, in consideration of the mutual covenants contained herein
and subject to the conditions herein set forth, the LGE and TDEM hereby agree as follows.
A. LGE AGREEMENTS
1) The LGE will provide office space to TDEM personnel in which they can conduct
routine functions connected with their emergency management efforts at the Building.
The LGE may change the location of the designated office space upon notice to TDEM.
TDEM staff may utilize the staff restrooms and any other common spaces in the
Building. The LGE will provide TDEM with 2 parking spot(s) which Are Not
exclusive.
2) The LGE will maintain the space and provide electrical, water, gas, heating and air
conditioning services to the space. The LGE will also provide the following services:
n/a
3) (A) The LGE reserves the right to utilize the space for its own purposes and the access
granted to TDEM hereunder is not exclusive. OR(B) The access granted to TDEM
hereunder to utilize the space is exclusive. A
1 Form Prepared and Approved by
The Texas A&M University System
Office of General Counsel
Approved:11/7/22
4) The LGE will provide TDEM personnel 24-hour access to the Building by
key card , which will be returned to LGE at the termination of
this Agreement.
B. TDEM AGREEMENTS
5) TDEM will identify to the LGE a point of contact who will communicate with the LGE
related to the use of the space under this Agreement. TDEM's initial current point of
contact for this Agreement is Tiffany Pate, Section Chief,phone: 903-312-1237 ,
email: tiffanv.pate(c tdem.texas.gov .
6) TDEM agrees that it will be utilizing the space provided in furtherance of its emergency
management duties for the State.
7) TDEM will advise the LGE as soon as practicable when its personnel shall be utilizing
the space provided under this Agreement.
8) TDEM personnel will be providing all their own equipment and communications
devices and will access state computer programs utilizing their own equipment. TDEM
agrees that no access to the LGE computer system will be required or requested at any
time. TDEM may access a public or guest wireless network, if available.
9) While located at the LGE premises, TDEM personnel shall perform their duties in a
manner so as to not interfere with the ordinary functioning of public safety activities of
the police, fire, EMS and/or other personnel of the LGE.
C. JOINT AGREEMENTS
10) The LGE will not charge TDEM for the use of the space under this Agreement, and
TDEM will not make a claim for providing services under this Agreement to the LGE.
11) The employees of each of the Parties under this Agreement shall at all times continue
to be employees of that Party, and there shall be no claim by either Party that any of
their employees are considered to be borrowed servants working for the other Party.
Each Party under this Agreement will be responsible for the acts and omissions of its
own employees. An employee of either Party injured during the performance of their
duties shall be provided benefits, if any, by the employing Party.
12) This Agreement shall be effective beginning June 1, 2026 and shall
remain in effect until May 31, 2031 ; Parties shall have the option
for one (1) additional five (5) year renewal; provided, however, that the
term of this Agreement may not exceed ten(10)years.
13) Notwithstanding anything herein to the contrary, this Agreement shall remain in force
at the pleasure of either Party; either Party may terminate this Agreement upon the
issuance of a thirty-day notice to the other Party. The Parties may provide notice to the
following addresses: 2 Form Prepared and Approved by
The Texas A&M University System
Office of General Counsel
Approved.11/7/22
TDEM:
TDEM
Attn: Stacia Rivera, Facilities and Property Administrator
313 E Anderson Ln
Austin, Texas 78752
Phone: 512-696-7282
Email: stacia.rivera@tdem.texas.gov
LGE
Port Arthur Fire Chief/Deputy EMC
Attn: Robert Havens
300 Waco Ave.Port Arthur , Texas 77640
Phone: 409-344-1021
Email: robert.havens@portarthurtx.gov
14) This is the entire agreement between the Parties;no oral representations made by either
Party to this Agreement not reduced to writing herein shall be of any effect whatsoever.
15) This Agreement may be executed in multiple copies for the convenience of the Parties.
This Agreement has been approved by LGE and executed by its authorized signatory. TDEM has
executed this Agreement in accordance with its governing regulations.
SIGNATORY:
Name: Ronald Burton
Title:City Manager
Date:
TEXAS DIVISION OF EMERGENCY MANAGEMENT:
Jared Miller
Chief Operating Officer
Texas Division of Emergency Management, TDEM
Date:
3 Form Prepared and Approved by
The Texas A&M University System
Office of General Counsel
Approved:11/7/22