HomeMy WebLinkAboutRES 21-218RESOLUTION NO.21-218
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to enter into a Memorandum of
Agreement with the Texas Forest Service for participation in the regional Incident
Management Team (IMT) Program. The agreement is substantially in the form attached
hereto as Exhibit "A" and made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
September, 2021.
Mayor Robin Mouton -
Memorandum of Agreement
Between
The Texas A&M Forest Service
And
Incident Management Team Member
And
The Participating Employer
This Memorandum of Agreement (MOA) is entered into this 21" day of June, 2021 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 (IMT) Member
Tim Ocnaschek (Member) and the Participating Employer Beaumont Police Department
(Employer).
PURPOSE
To delineate responsibilities and procedures for IMT activities performed within or outside
of the state of Texas under the authority of the:
• State of Texas Emergency Management Plan when responding to state all
hazards/wildfire response activities.
• TFS and its Master Cooperative Wildland Fire Management and Stafford Act
Response Agreement with the United States Department of Agriculture -Forest
Service (USFS), Bureau of Land Management, National Park Service, Bureau of
Indian Affairs and United States Fish and Wildlife Service. The federal agencies
are collectively referred to herein as "Federal Agencies" when responding to
federal all hazards/wildland fire response activities.
• The State of Texas through the Emergency Management Assistance Compact
(EMAC), Texas Health and Safety Code, Chapter 778 or the South Central
Interstate Forest Fire Protection Compact, Texas Education Code, Chapter 88.112
when responding to other states' all hazards/wildland fire response activities.
II. SCOPE
The provisions of this MOA apply to IMT 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 IMT 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
EXHIBIT "A"
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 IMT 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.
E. Member: An individual who has been formally accepted as an IMT 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 IMT
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 IMT Program.
H. State: For the purpose of this MOA, the State of Texas through the Texas Division
of Emergency Management (TDEM).
I. IMT: An integrated collection of personnel and equipment meeting standardized
capability criteria for addressing incident management needs during disasters.
I TFS/State Sponsored IMT Training and Exercises: Training and/or exercises
performed at the direction, control and funding of TFS and/or the State.
K. Local IMT 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 IMT.
V. RESPONSIBH.PPIES
A. TFS shall:
1. Recruit and organize Members according to guidelines prescribed by TFS.
2. Provide administrative, financial and personnel management related to the IMT
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, federal or other relevant governmental
and private entities, Participating Employer and Member.
5. Maintain a primary contact list for all Members.
6. Maintain files on all Members forthe purpose of documenting training records,
emergency notification and other documentation as required by the State.
B. The Participating Employer shall:
1. Maintain a roster of all its personnel participating in the IMT Program.
2. Provide a primary point of contact to TFS for the purpose of notification of IMT
activities.
3, Provide administrative support to its personnel participating in the IMT
Program, Le, "time off' when fiscally reasonable to do so for IMT activities
such as training, meetings and actual deployments.
4. Submit reimbursement claims within thirty (30) days of official deactivation or
completion of TFSIState sponsored IMT 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 IMT
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 IMT activities.
5. Keep Participating Employer advised of IMT activities that may require time
off from work.
6. Advise TFS IMT 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 IMT Code of Conduct in Attachment A.
VI. PROCEDURES
A. Activation
1. Upon request from the State or a federal agency for disaster assistance, and/or
determination that pre -positioning on IMT is prudent, TFS shall request the
activation of an IMT to respond to a designated PDA.
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 IMT.
2, Upon arrival at the POA, an initial briefing will be provided to include, maps,
food, housing and any other items essential to the initial set-up and support of
the IMT.
1 When an IMT is activated, the IMT, including all necessary equipment, will
move to the pre -designated point of departure (POD) for ground or air
transportation.
4. The IMT shall be re -deployed to the original POA upon completion of the IMT
mission.
C. Management
1, TFS will have overall management, command and control of all IMT
resources and operations.
2, Tactical deployment of an IMT will be under the direction of the local Incident
Commander and the IMT Incident Commander assigned to the incident.
3. TFS may remove a Member from the IMT deployment at any time with or
without cause.
VII. TRAINING AND EXERCISES
A. Local IMT Snonsored Training and Exercises
4
Periodically Members will be requested or required to attend local IMT sponsored
training or exercises. Local IMT sponsored training or exercises shall be performed
at the direction, control and funding of the local IMT 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.
B. TFS/State Sponsored IMT Trainine and Exercises
Periodically Members will be required and/or invited to attend TFS/State IMT
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 IMT 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 IMT Standard Pay Policy (Section Vill, C). ITS 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.,
A. Expenses generated by the replacement of a deployed Member on
his/her normally scheduled duty period/day. Backfitl costs incurred by
the Employer will be reimbursable only to the extent that the costs are
in excess of the costs that would have been incurred had the Member
not been deployed. TFS cannot pay for hours Backfilled other than
those that coincide with a Member's scheduled on -duty
hours. Backfill reimbursement is available only for positions that are
normally Backfilled by the Employer.
B. Reimbursing the Employer for salaries and Backfrll 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 Personnel
Rehabilitation Period, the Employer may give the deployed Member
that time off with pay and Backfrll his/her position. If Members use
time from a paid leave bank during the Personnel Rehabilitation
Period, or if a Member is not normally scheduled to work during the
identified Personnel Rehabilitation Period, then no reimbursement will
be made for that Member. ITS will determine the Personnel
Rehabilitation Period that will apply to each deployment based on the
demobilization order for that deployment.
3. TFS will reimburse Participating Employer for reasonable travel expenses
associated with Member's travel for IMT 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.
4. TFS will reimburse Participating Employer for reasonable (as determined by
TFS) personal costs associated with Member's participation in a deployment.
5. Participating Employer shall submit to TFS all reimbursement requests within
30 days of Member de -activation or completion of TFS/State sponsored
training event.
B. Reimbursement of Member as an Single Resource
1. TFS will pay a Single Resource Member for all wages specified in the IMT
Standard Pay Policy (Section VIII, C),
2. TFS will reimburse a Single Resource Member for reasonable (as determined
by TFS) Navel expenses associated with Member's travel for IMT 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.
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 waking 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:
C. TFS will pay a Single Resource, Member at the rate identified with
his/her IMT position on the IMT 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 V)
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 IMT 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.
A. Reimbursement Process
1. All requests for reimbursement must be submitted using the most current IMT
Travel and Labor Reimbursement Form (Attachment C).
2. TFS will process payment to Participating Employer or Single Resource
for all allowable expenses within 30 days of receipt of the properly
completed and supported IMT Travel and Labor Reimbursement Form.
3. Neither Member nor Participating Employer will be reimbursed for casts
incurred by activations that are outside the scope of this MOA.
4. All financial commitments herein are made subject to availability of funds,
E. Medical Care for Injury or Illness
If Member incurs an injury or illness during an IMT paining exercise or
deployment, TFS will pay for triage medical care to ensure Member is properly
treated and medically evaluated. ITS 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.
F. Liability
1. It is mutually agreed that TFS, Participating Employer and Member shall each
he 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 MCA. Member will not participate in any
benefits which TFS offers to its employees.
IX. CONDITIONS, AMENDMENTS AND TERMINATION
A. This MOA maybe 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
Jon Reese
Assistant Chief —Ail Hazards Response
1900 South F.M. 369
Burkburnett, TX 76354
Tel#: 979-224-8236
e-mail: jon reesePtfS.lamu.edu
Member
Tim Ocnaschek
825 Lockwood
Beaumont 77706
(409)466-5117
tinocnaschek@i beaunonticxas.eov
Participating Employer
Beaumont Police Department
Attn: James Singletary
255 College
Beaumont, Texas 77701
409-880-3801
James sinaletary(tDbeaumonttexas,eov
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 ofTFS,
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 arrearagm 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.
G. If this MOA has a value of $100,000 or more and if Participating Employer is a
company, other than a sole proprietorship, with ten or more fulltime employees, then
pursuant to Texas Government Code § 2271,002, Participating Employer certifies
that Participating Employer does not boycott Israel and will not boycott Israel during
the term of this MOA. For purposes of this provision, "company" and "boycott
Israel" have the meanings provided in Texas Government Code § 809.001.
H. Pursuant to Chapter2252, Texas Government Code, Participating Employer certifies
that Participating Employer is not engaged in business with Iran, Sudan, or a foreign
terrorist organization, TFS may terminate this MOA if this certification is
inaccurate.
I. Pursuant to Section 2155.0061, Texas Government Code, Participating Employer
and Member each certify that Participating Employer is not ineligible to enter into
this MOA due to financial participation by a person who, during the five-year period
preceding the date of this MOA, has been convicted of any offense related to the
direct support or promotion of human trafficking, and acknowledges that TFS may
terminate this MOA and withhold payment if this certification is inaccurate.
J. Member, Participating Employer, and each person signing on behalf of Participating
Employer, certifies, and in the case of a sole proprietorship, partnership or
corporation, each party thereto certifies as to its own organization, that to the best of
their knowledge and belief, no member of The Texas A&M University System or
the A&M System Board of Regents, nor any employee or person whose salary is
payable in whole or in part by the A&M System, has direct or indirect financial
Interest in the award of this MCA, or in the services to which this MOA relates, or
in any of the profits, real or potential, thereof.
K. Participating Employer and Member each certify that Member has not been
designated by the A&M System as Not Eligible for Rehire as defined in A&M
System Policy 32,02, Section 4.
L. Participating Employer and Member each acknowledge that TFS is obligated to
strictly comply with the Public Information Act, Chapter 552, Texas Government
Code, in responding to any request for public information pertaining to this MCA,
as wet[ as any other disclosure of information required by applicable Texas law.
Upon TFS's written request, Participating Employer and Member shall provide
specified public information exchanged or created under this MOA that is not
otherwise excepted from disclosure under Chapter 552, Texas Government Code, to
TFS in a non-proprietary format acceptable to TFS. As used in this provision,
"public information" has the meaning assigned in Section 552.002, Texas
Government Cade, but only includes information to which TFS has a right of access.
Participating Employer and Member each acknowledge that TFS may be required to
post a copy of the fully -executed MOA on TFS's website in compliance with Section
2261.253(a)(I), Texas Government Code.
XLL ENTIRE AGREEMENT
This MOA along with the following Attachments reflects the entire agreement between
the patties:
Attachment A, IMT Code of Conduct
Attachment B, IMT Pay Schedule by Position
Attachment C, IMT Travel and Labor 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 Irerelo 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 condil ions 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 SERVICE
Signature:
9 '
v ayi
Name:
AM. Davis
Title:
Interim Director
Date:
Z
PARTICIPATING EMPLOYER
Signalum:
Name:
Till.:
Date:
MEMBER:
Signature:
Name:
Date:
ATTACHMENT A
IMT Code of Conduct
• No transpodation/use of illegal drugs/alcohol.
• Firearms are authorized to be carried by only current TCOLE certified
commissioned officers.
• Normal radio protocol used/traffic kept to a minimum.
• Know your chain of command/who you report to.
• Limit procurement of equipment,
• Do not take things without authorization.
• Act professionally.
• Remain ready even when unassigned.
• Recreation limited to unassigned hours.
• Maintain/wear safety gear/clothing.
• Wear proper uniform.
• Remember your actions reflect your organization and the IMT
Program.
12
ATTACHMENT B
IMT PAY SCHEDULE BY POSITION
POSTTION TTTLE
HOURLY
RATE
MANDENT
COMMANDER TYPE 3
24
RMATION OFFICER TYPE 3
24
SON OFFICER TYPE 3
N
24
LIC INFORMATION OFFICER 3
24
ETY OFFICER TYPE 3
24
RATIONS
ISION/GROUP SUPERVISOR
24
OSC 3
OPERATIONS SECTION CHIEF TYPE 3
24
SILO
STRIKE TEAM LEADER (CREW, ENGINE, DOZER, MILITARY, or
TRACTOR -PLOW
21
TFLD
TASKFORCELEADER
21
PLANNING
DMOB
DEMOBILIZATION UNIT LEADER
24
PSC3
PLANNING SECTION CHIEF TYPE 3
24
RESL
RESOURCE UNIT LEADER
24
S1TL
SITUATION UNIT LEADER
24
LOGISTICS
CONE,
COMMUNICATIONS UNIT LEADER
24
FACL
FACILITIES UNIT LEADER
24
FUEL
FOOD UNIT LEADER
24
GSUL
GROUND SUPPORT UNIT LEADER
24
LSC3
LOGISTICS SECTION CHIEF TYPE 3
24
MEDL
MEDICAL UNITLEADER
24
SPUL
SUPPLY UNIT LEADER
24
FINANCE
COMP
COMPENSATION/CLAIMS UNIT LEADER
24
COST
COST UNIT LEADER
24
FSC3
FINANCE/ADMINISTRATION SECTION CHIEF TYPE 3
24
-PROC
PROCUREMENT UNIT LEADER
24
TIME
I TIME UNIT LEADER
24
13
ATTACHMENT C
MOST CURRENT REVISION OF THE
IMT TRAVEL AND LABOR REIMBURSEMENT FORM
FOUND UNDER FORMS AT
https://ticc.tamu.edu/IncidentResponse/tier3 ahimt.aspx