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HomeMy WebLinkAboutRES 17-025RESOLUTION NO. 17-025 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Memorandum of Understanding between the City of Beaumont Fire -Rescue Services and Texas Forest Service (TFS) to provide opportunities through the Texas Forest Service for live -fire training available to the fire department's Wildland/Urban Interface Response Team. Said Memorandum of Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of February, 2017. kZ k� "'4l �67mt4�vl Vayor Becky -Ames - Memorandum of Understanding Conducting Cooperative Prescribed Fire This Memorandum of Understanding (MOU) is entered into by and between the Texas A&M Forest Service, a member of The Texas A&M University System, an agency of the State of Texas (TFS), and Beaumont Fire Department (COOPERATOR). I. PURPOSE The purpose of this MOU is to provide opportunities to capitalize on live -fire training, which is available to COOPERATOR through TFS. TFS will benefit by having additional labor available during live -burns. This MOU delineates responsibilities and procedures for conducting cooperative prescribed fire activities. II. SCOPE The provisions of this MOU apply to prescribed fire performed under the management of the TFS as a part of its normal forest management activities within the State of Texas. III. PERIOD OF PERFORMANCE This MOU 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 VII.B. IV. RESPONSIBILITIES A. TFS shall: Manage, organize and provide personnel management of the prescribed fire, according to guidelines prescribed by TFS. 2. Notify COOPERATOR of the opportunity to participate in a prescribed fire at least 7 -days prior to a scheduled burn. 3. Provide coordination between TFS and COOPERATOR. 4. Assist COOPERATOR in documenting the participation of COOPERATOR's personnel in a cooperative prescribed fire exercise for training file purposes. B. The COOPERATOR shall: Maintain a roster of all its personnel who will be participating in cooperative prescribed fire activities and provide the roster to TFS before each cooperative prescribed fire. 2. Provide a primary point of contact to TFS for the purpose of notification. EXHIBIT "A" V. 3. Provide administrative support to its personnel when performing activities under this MOU. 4. Provide all tools and equipment to its personnel necessary to complete performance under this MOU. S. Advise TFS point of contact of any change in notification process, i.e. address or phone number changes. 6. Only assign personnel to participate under this MOU that are physically capable of performing assigned duties and maintain knowledge, skills and abilities necessary to operate safely and effectively in the assigned position. ADMINISTRATIVE, FINANCIAL AND PERSONNEL MANAGEMENT A. Reimbursement 1. Each party shall bear its own costs and expenses incurred under this MOU without expectation of reimbursement from the other party.. B. Medical Care for Injury or Illness 1. If COOPERATOR's personnel incurs an injury or illness during the performance of this MOU, TFS will cooperate logistically with COOPERATOR to help ensure COOPERATOR's personnel receives appropriate emergency care. C. Liability 1. It is mutually agreed that TFS, and COOPERATOR shall each be responsible for their own losses arising out of the performance of this MOU to the extent authorized by law. VI. POINTS OF CONTACT TFS Steve Pollock, Chief RFC 2318 Atascocita Rd. Humble, TX 77396 (979) 224-8236 VII. GENERAL PROVISIONS COOPERATOR Anne Huff, Fire Chief P.O. Box 3827 Beaumont, TX 77704 (409) 880-3916 Kyle Hayes, City Manager 801 Main, Suite 300 Beaumont, TX 77701 (409) 880-3770 A. This MOU may be modified or amended only by the written agreement of both parties. 2 B. Either party, upon 30 day written notice, may terminate this MOU. C. The substantive laws of the State of Texas (and not its conflicts of law principles) govern all matters arising out of or relating to this MOU and all of the transactions it contemplates. Venue for any for any claim arising out of or relating to this MOU or any of the transactions it contemplates shall be in Brazos County, Texas. D. This MOU, with the rights and privileges it creates, is assignable only with the written consent of both parties. E. Each provision of this MOU is severable. If any provision is rendered invalid or unenforceable by statute or regulations or declared null and void by any court of competent jurisdiction, the remaining provisions will remain in full force and effect if the essential terms of this MOU remain valid, legal, and enforceable. COOPERATOR hereby acknowledges that they have read and understand this entire MOU. All oral or written agreements between the parties hereto relating to the subject matter of this MOU that were made prior to the execution of this MOU have been reduced to writing and are contained herein. COOPERATOR and TFS agrees to abide by all terms and conditions specified herein and certify that the information provided is hue and correct in all respects to the best of their knowledge and belief. This MOU is entered into by and between the following parties: TEXAS A&M;FOS SERRVICCE: Signature:,- f J Y Jr"`Name: Bo s Title: r Date: %" 7 COOPERATOR Signature: Name: Title: Date: Memorandum of Understanding Conducting Cooperative Prescribed Fire This Memorandum of Understanding (MOU) is entered into by and between the Texas A&M Forest Service, a member of The Texas A&M University System, an agency of the State of Texas (TFS), and Beaumont Fire Department (COOPERATOR). I. PURPOSE The purpose of this MOU is to provide opportunities to capitalize on live -fire training, which is available to COOPERATOR through TFS. TFS will benefit by having additional labor available during live -burns. This MOU delineates responsibilities and procedures for conducting cooperative prescribed fire activities. II. SCOPE The provisions of this MOU apply to prescribed fire performed under the management of the TFS as a part of its normal forest management activities within the State of Texas. III. PERIOD OF PERFORMANCE This MOU 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 VII.B. IV. RESPONSIBILITIES A. TFS shall: 1. Manage, organize and provide personnel management of the prescribed fire, according to guidelines prescribed by TFS. 2. Notify COOPERATOR of the opportunity to participate in a prescribed fire at least 7-days prior to a scheduled burn. 3. Provide coordination between TFS and COOPERATOR. 4. Assist COOPERATOR in documenting the participation of COOPERATOR's personnel in a cooperative prescribed fire exercise for training file purposes. B. The COOPERATOR shall: Maintain a roster of all its personnel who will be participating in cooperative prescribed fire activities and provide the roster to TFS before each cooperative prescribed fire. 2. Provide a primary point of contact to TFS for the purpose of notification. 3. Provide administrative support to its personnel when performing activities under this MOU. 4. Provide all tools and equipment to its personnel necessary to complete performance under this MOU. 5. Advise TFS point of contact of any change in notification process, i.e. address or phone number changes. 6. Only assign personnel to participate under this MOU that are physically capable of performing assigned duties and maintain knowledge, skills and abilities necessary to operate safely and effectively in the assigned position. V. ADMINISTRATIVE, FINANCIAL AND PERSONNEL MANAGEMENT A. Reimbursement 1. Each party shall bear its own costs and expenses incurred under this MOU without expectation of reimbursement from the other party.. B. Medical Care for Injury or Illness 1. If COOPERATOR's personnel incurs an injury or illness during the performance of this MOU, TFS will cooperate logistically with COOPERATOR to help ensure COOPERATOR's personnel receives appropriate emergency care. C. Liability I. It is mutually agreed that TFS, and COOPERATOR shall each be responsible for their own losses arising out of the performance of this MOU to the extent authorized by law. VI. POINTS OF CONTACT TFS Steve Pollock, Chief RFC 2318 Atascocita Rd. Humble, TX 77396 (979) 224-8236 VII. GENERAL PROVISIONS COOPERATOR Anne Huff, Fire Chief P.O. Box 3827 Beaumont, TX 77704 (409) 880-3916 Kyle Hayes, City Manager 801 Main, Suite 300 Beaumont, TX 77701 (409) 880-3770 A. This MOU may be modified or amended only by the written agreement of both parties. OA B. Either party, upon 30 day written notice, may terminate this MOU. C. The substantive laws of the State of Texas (and not its conflicts of law principles) govern all matters arising out of or relating to this MOU and all of the transactions it contemplates. Venue for any for any claim arising out of or relating to this MOU or any of the transactions it contemplates shall be in Brazos County, Texas. D. This MOU, with the rights and privileges it creates, is assignable only with the written consent of both parties. E. Each provision of this MOU is severable. If any provision is rendered invalid or unenforceable by statute or regulations or declared null and void by any court of competent jurisdiction, the remaining provisions will remain in full force and effect if the essential terms of this MOU remain valid, legal, and enforceable. COOPERATOR hereby acknowledges that they have read and understand this entire MOU. All oral or written agreements between the parties hereto relating to the subject matter of this MOU that were made prior to the execution of this MOU have been reduced to writing and are contained herein. COOPERATOR and TFS agrees to abide by all terms and conditions specified herein and certify that the information provided is true and correct in all respects to the best of their knowledge and belief. This MOU is entered into by between the following parties: TEXAS A&M FO S SERVICE: Signature: Name: T Bo s Title: irector Date: T COOPERATOR Signature: Name: Title: NJ<.Cf Date: 7--/ 7