HomeMy WebLinkAboutRES 17-245RESOLUTION NO. 17-245
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 (RIMT) 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 21st day of
November, 2017.
o � v—
ayor Becky Ames -
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 (IFS), a member of The Texas A&M University System
and an agency of the State of Texas and Regional Incident Management Team (R IT) Member
Timothy Wayne Ocnaschek (Member) and the Participating Employer City of Beaumont —
Emergency Management (Employer).
I. PURPOSE
To delineate responsibilities and procedures for RIMT activities under the authority of the
State of Texas Emergency Management Plan.
H. 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 1X.B.
N'. DEFINMONS
A. Activation; The process of mobilizing Members to deploy to a designated incident
or event site. Upori 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. Aiert: 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.
EXHIBIT "A"
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 OTS), a member of The Texas A&M University System
and an agency of the State of Texas and Regional Incident Management Team (RI 4T) Member
Timothy Wayne Ocnaschek (Member) and the Participating Employer City of Beaumont —
Emergency Management (Employer).
1. PURPOSE
To delineate responsibilities and procedures for R1MT activities under the authority of the
State of Texas Emergency Management Plan.
II. SCOPE
The provisions of this MOA apply to R11,4T 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.
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.
Z. 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.
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 reportto 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 R1MT 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 AOA.
8. Be prepared to operate in the disaster environment.
9. Follow the RIMT Code of Conduct in Attachment A.
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 REVIT.
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 ofthe 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.
B. TFS/State Sponsored RMT TrainingL 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 Vlll, 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.
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, Q.
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.nwcp,.gov/sites/defauIt/fiIes/products/i)MS902.pdf
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 (1 %)
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 R1MT 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
RIMT Travel and Personnel Reimbursement Form (Attachment Q.
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. TpS 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.
IX.
X.
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.
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.
POINTS OF CONTACT
TFS
Chelsea Brewster
ARIMT Business Coordinator
200 Technology Way, Suite 1162
College Station, TX 77845
Tel#: 979-458-7350
Fax#: 979-458-7314
e-mail: cbrewster@tfs,tamu.edu
Member
Timothy Wayne Ocnaschek
700 Orleans, 2nd Floor
Beaumont, Texas 77701
Tel#: 409-466-5117
Tim.Ocnashek ,BeaumontTexas.gnv
Participating Employer
City of Beaumont
Kyle Hayes, City Manager
801 Main St.
Beaumont, Texas 77701
Tel#: 409-880-3716
Fax#:409-880-3112
kyle.hayes nBeaumontTexas.g_o_v
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.
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 FC
Signature:
Name:
Title:
Date:
PARTICIPATING EMPLOYER
Signature:
Name:
Title:
Date:
MEMBER:
Signature:
Name:
Date:
10
ATTACHIV>ENT A
RIMT Code of Conduct
• No transportation/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 RIMT
Program.
lip
ATTACHMENT B
RIMT PAY SCHEDULE BY POSITION
12
COMMAND
ICT3
INCIDENT COMMANDER TYPE 3
24
I0173
INFORMATION OFFICER TYPE 3
24
LOFR3
LIAISON OFFICER TYPE 3
24
P103
PUBLIC INFORMATION OFFICER 3
24
SOF3
SAFETY OFFICER TYPE 3
24
OPERATIONS
DIVS
DIVISION/GROUP SUPERVISOR
24
OSC 3
OPERATIONS SECTION CHIEF TYPE 3
24
ST Li }
STRIKE TEAM LEADER (CREW, ENGINE, DOZER, MILITARY, or
TRACTOR -PLO
21
TFLD
TASK FORCE LEADER
21
PLANNING
DMOB
DEMOBILIZATION UNIT LEADER
24
PSC3
PLANNING SECTION CHIEF TYPE 3
24
RESL
RESOURCE UNIT LEADER
24
SITL
SITUATION UNIT LEADER
24
LOGISTICS
COML
COMMUNICATIONS UNIT LEADER
24
FACL
FACILITIES UNIT LEADER
24
FDUL
FOOD UNIT LEADER
24
GSUL
GROUND SUPPORT UNIT LEADER
24
LSC3
LOGISTICS SECTION CHIEF TYPE 3
24
MEDL
MEDICAL UNIT LEADER
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
TIME UNIT LEADER
24
12
ATTACHMENT C
MOST CURRENT REVISION OF THE
RIMT TRAVEL AND PERSONNEL REIMBURSEMENT FORM
13