HomeMy WebLinkAboutResolution - 2012-R0468 - Three Memos Of Understanding - TX A&M Forrest Services And Related Parties - 12/06/2012Resolution No. 2012-RO468
December 6, 2012
Item No. 5.17
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager's act in executing three Memorandums of Understanding
(MOU's) for the deployment of Regional Incident Management Team Members (George
Torres, Sid Beach and Stuart Walker) by and between the City of Lubbock and the Texas
A&M Forrest Service, a member of the Texas A&M University System, an agency of the
State of Texas and the Regional Incident Management Team is hereby ratified in full and
the City Council herein affirms and adopts her acts as its own in regard to the execution
of the MOU's and hereby authorizes the Mayor to execute any and all additional and
Necessary documents on behalf of the City.
Passed by the City Council on December 6, 2012
GLE C. ROB SON, MAYOR
ATTEST:
RebIc ca Garza. City Secreta
APPROVED AS TO CONTENT:
y
Mike kemp, Fire Chief
APPROVED AS TO FORM:
ad Weaver, Assistant City Attorney
�w:ccdocs'RES.Agrmt-MOU Texas A M Forrest Service
November 19, 2012
Resolution No. 2012-RO468
Memorandum of Understanding
Between
The Texas A&M Forest Service
And
Regional Incident Management Team Member
And
The Participating Agency/Employer
This Memorandum of Understanding (MOU) is entered into this 17th day of September, 2012 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 Regional Incident Management Team (RIMT)
Member George Torres (Member) and the Participating Agency/Employer N/A City of Lubbock
— Animal Services (Employer).
I. PURPOSE
To delineate responsibilities and procedures for RIMT activities under the authority of
the State of Texas Emergency Management Plan.
II. SCOPE
The provisions of this MOU apply to RIMT activities performed at the request of the
State of Texas. The scope of this MOU also includes training activities mandated by the
State of Texas and TFS to maintain RIMT operational readiness.
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 IX.B.
IV. DEFINITIONS
A. Activation: The process of mobilizing RIMT Members to deploy to a designated
incident or event site. When the RIMT responds to such 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 RIMT 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 RIMT Members that an event has occurred and
that RIMT may be activated at some point within the next 24-48 hours.
C. De -Activation: The process of de -mobilizing RIMT Members upon notification
from the State to stand down.
D. Director: The Director of TFS.
E. Member: An individual who has been formally accepted into an RIMT, meeting all
requirements for skills and knowledge, and is in good standing with regard to
compliance with necessary training and fitness.
F. Participating Agency/Employer: The RIMT Member's employer who, by
execution of this MOU, has provided official support of the Member's involvement
in the RIMT.
G. State: For the purpose of this MOU, the State of Texas through the Governor's
Division of Emergency Management (GDEM).
H. RIMT: An integrated collection of personnel and equipment meeting standardized
capability criteria for addressing incident management needs during disasters.
I. TFS/State Sponsored RIMT Training and Exercises: Training and/or exercises
performed at the direction, control and funding of TFS and/or the State.
Local RIMT Sponsored Training and Exercises: Training and/or exercises
performed at the direction, control and funding of a participating agency or RIMT
Member in order to develop and maintain the incident management capabilities of
the member and the RIMT. RIMT sponsored training shall be coordinated with
TFS staff and receive prior written authorization to conduct such training.
V. RESPONSIBILITIES
A. TFS shall:
Recruit and organize the RIMT, according to guidelines prescribed by TFS.
2. Provide administrative, financial and personnel management related to the
RIMT and this MOU.
3. Provide training to RIMT 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. Develop, implement and exercise an internal notification and call -out system
for RIMT Members.
Provide all tools and equipment necessary to conduct safe and effective
incident management operations as listed in the current approved RIMT cache
list.
6. Maintain all tools and equipment in the RIMT cache in a ready state.
7. Provide coordination between the State, other relevant governmental and
private entities, Employer and RIMT Member.
8. Maintain a primary contact list for all RIMT Members.
9. Maintain personnel files on all members of RIMT for the purpose of
documenting training records, emergency notification and other
documentation as required by the State.
B. The Employer shall:
1. Maintain a roster of all its personnel participating in RIMT activities.
2. Provide a primary point of contact to TFS for the purpose of notification of
RIMT activities.
3. Provide administrative support to employee members of RIMT, 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 RIMT Member.
C. Member shall:
1. Be physically capable of performing assigned duties required in the position
description (PD) requirements for the assigned position.
2. Maintain knowledge, skills and abilities necessary to operate safely and
effectively in the assigned position.
3. Maintain support of Employer for participation in RIMT activities.
4. Keep Employer advised of RIMT activities that may require time off from
work.
5. Advise RIMT point of contact of any change in notification process, i.e.
address or phone number changes.
6. Be available for immediate call -out during the period Member's assigned
RIMT is first on the rotation for call -out.
7. Respond immediately to a mobilization request with acceptance or refusal of
current mission request and arriving within 2 hours from time of mobilization
request to the assigned POA.
8. Maintain all equipment issued by RIMT in a ready state and advising TFS
Manager deployed with RIMT of any lost, stolen or damaged items assigned
to Member.
9. Be prepared to operate in the disaster environment.
10. Follow the RIMT Code of Conduct in Attachment A.
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VI. PROCEDURES
A. Activation
1. Upon request from the State for disaster assistance, and/or determination that
pre -positioning the RIMT is prudent, TFS shall request the activation of the
RIMT to respond to a designated POA.
2. TFS shall communicate an Alert and/or Activation notice to RIMT Members
through the internal paging and call -out system according to the current
approved mobilization plan.
B. Mobilization, Deployment and Re -deployment
TFS will notify members of activation of RIMT.
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 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 RIMT will be under the direction of the local Incident
Commander and the RIMT Incident Commander assigned to the incident.
3. TFS may remove the RIMT Member from the RIMT at any time with or
without cause.
VII. TRAINING AND EXERCISES
A. Local RIMT Sponsored Training and Exercises
Periodically RIMT 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 RIMT Members. Costs associated with this training
or exercises will not be reimbursed by TFS or the State.
H
B. TFS/State Sponsored RIMT Training and Exercises
Periodically RIMT 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 RIMT. Allowable travel costs
associated with this training will be reimbursed by TFS.
C. Minimum Training Requirements
Member is required to attend a minimum of 50% of the available RIMT training
and exercise opportunities provided for the assigned RIMT position. Failure to
attend a minimum of 50% of the training opportunities will result in dismissal from
the RIMT. Exceptions may be granted at the discretion of the RIMT Incident
Commander.
VIII. ADMINISTRATIVE, FINANCIAL AND PERSONNEL MANAGEMENT
A. Reimbursement to Employer
TFS will reimburse Employer for all wages identified and allowed in the
RIMT Standard Pay Policy (Attachment B). TFS will reimburse all amounts
necessary to fund payroll associated costs of state and/or federal disaster
deployments.
2. TFS will reimburse Employer for the cost of backfilling while 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 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, 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 to each deployment based on the
demobilization order for that deployment.
4. TFS will reimburse 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 Employer for reasonable (as determined by TFS) personal
costs associated with Member's participation in a deployment.
6. TFS will reimburse Employer for emergency procurement of RIMT materials,
equipment and supplies purchased and consumed by Member in providing
requested assistance on a replacement basis. Prior approval by the TFS
manager deployed with the RIMT must be obtained and original receipts for
such items must be submitted with reimbursement request to TFS.
7. 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 RIMT Member as an Individual Resource
TFS will pay an individual resource Member for all wages specified in the
RIMT Standard Pay Policy (Attachment B). Payment for these wages will be
determined based upon the Member's RIMT position in the most current
revision of the RIMT Pay Schedule by Position (Attachment Q.
2. TFS will reimburse an individual 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 an individual resource Member for reasonable (as
determined by TFS) personal costs associated with participation in a
deployment.
4. TFS will reimburse an individual resource Member for emergency
procurement of RIMT materials, equipment and supplies purchased and
consumed by Member in providing requested assistance. Prior approval by
the TFS manager deployed with the RIMT must be obtained and original
receipts for such items must be submitted with reimbursement request to TFS.
5. Individual resource Member must submit to TFS all reimbursement requests
within 30 days of Member de -activation or completion of TFS/State
sponsored training event.
C. 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. TFS will make a determination as
to whether the injury or illness was work related and will notify Employer for
proper processing of Workers Compensation claim. 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.
D. Liability
6
1. It is mutually agreed that TFS, Employer and Member shall each be
responsible for their own losses arising out of the performance of this MOU.
E. Reimbursement Process
All requests for reimbursement must be submitted using the most current
RIMT Travel and Personnel Reimbursement Form (Attachment D).
2. TFS will process payment to Employer or individual 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 Employer will be reimbursed for costs incurred by
activations that are outside the scope of this MOU.
4. All financial commitments herein are made subject to availability of funds
from the State.
F. Employment Status
1. The RIMT Member shall remain an employee of Employer and not of TFS at
all times.
2. TFS has no obligation to make any payments to or on behalf of the RIMT
Member except as expressly stated in this MOU. TFS will not withhold any
amount that would normally be withheld from an employee's pay and the
RIMT Member will not participate in any benefits which TFS offers to its
employees.
IX. CONDITIONS, AMENDMENTS AND TERMINATION
A. This MOU may be modified or amended only by the written agreement of all
parties.
B. Any party, upon 30 day written notice, may terminate this MOU.
C. TFS complies with the provisions of Executive Order 11246 of Sept. 24, 1965, as
amended and with the rules, regulations and relevant orders of the Secretary of
Labor. To that end, TFS will not discriminate against any employee or Member on
the grounds of race, color, religion, sex or national origin. 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 on the grounds of race, color, religion,
nationality sex, age or economic status.
D. This MOU is governed by the laws of the State of Texas. Venue for any suits
related to this MOU shall be in Brazos County, Texas.
10
M.
POINTS OF CONTACT
TFS
Bob Koenig
Chief Response Training Coordinator
200 Technology Way, Suite 1162
College Station, TX 77845
Tel#: 979-458-7340
e-mail: bkoenig(d;tfs.tamu.edu
Member
George Torres
1515 E. Ursuline
Lubbock, TX 79403
Tel#: 806-549-4963
e-mail: Gtorres(crmylubbock.us
GENERAL PROVISIONS
Employer
City of Lubbock
Mayor Glen Robertson
1515 E. Ursuline
Lubbock, TX 79403
Tel#: 806-775-2648
e-mail: Lphelps(4,.mylubbock.us
A. This MOU, with the rights and privileges it creates, is assignable only with the written
consent of the parties.
B. Acceptance of funds under this MOU 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. RIMT Member and 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 RIMT
Member or Employer under this MOU may be applied directly toward certain debts or
delinquencies that RIMT Member or 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° o 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. To the extent applicable, RIMT Member and 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 RIMT Member or Employer that cannot be resolved in the ordinary course of
business. RIMT Member or 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 MOU along with the following Attachments reflects the entire agreement between
the parties:
Attachment A, RIMT Code of Conduct
Attachment B, RIMT Standard Pay Policy
Attachment C, RIMT Pay Schedule by Position
Attachment D, RIMT Travel and Personnel Reimbursement Form (most current
revision)
Employer and Member hereby acknowledge 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. 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 MOU is entered into by and between the following parties:
TEXAS A&M FORE
Signature:
Name: lom G. Boseu
Title: irector
Date:•
PARTICIPATING AGENCY/EMPLOYER
Signature:
Name: Lee Ann Dumbauld
Title: City Manager
Date: f,/. / ff ..1 L-
RIMT MEMBER:
Signature:
Name:
Date: ()
APPROVED AS TO CONTENT:
Mike Kemp, Fire Chief
APPROVED AS TO FORM:
City Attorney
ATTEST:
Beck Garza, City Secretary
ATTACHMENT A
RIMT Code of Conduct
• No transportation/use of illegal drugs/alcohol.
• Firearms are authorized to be carried by only current TCLEOSE
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 RIMT.
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ATTACHMENT B
RIMT Standard Pay Policy
I. Scope
The provisions of this policy apply to all members of an RIMT.
II. Purpose
The purpose of this document is to delineate the policy and procedures for payment
and/or reimbursement of payroll expenses to include salaries/wages and associated fringe
benefits incurred during state activations of a RIMT member (Member).
III. Pay Rate
A. The Texas A&M Forest Service (TFS) will reimburse Participating
Agency/Employer (Employer) for the participation of each Member who is
employed by that Employer at the hourly rate or salary identified on the most current
payroll printout provided by the Employer requesting salary reimbursement. TFS
may also reimburse 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 Employer payroll printout submitted to
TFS.
B. As an individual resource, members without Employer will be paid at a rate
identified with his/her RIMT position on the RIMT Pay Schedule by Position (see
Attachment C). The individual 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'/2) times for all other hours in
that same week. The workweek will consist of seven consecutive workdays to
include weekends and holidays.
IV. Work Shift
A. Every day is considered a workday during the Activation until the Activation is over,
and the RIMT returns to its original Point of Assembly. Therefore, Saturday, Sunday,
holidays and other scheduled days off are also considered workdays during the period
of activation.
B. Each Employer or individual resource is assured pay for base hours of work,
mobilization and demobilization, travel, or standby at the appropriate rate of pay for
each workday.
V. Ordered Standby
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.
ATTACHMENT C
RIMT PAY SCHEDULE BY POSITION
IDS
POSITION TITLE
HOURLY
TE
COMMAND
ICT3
INCIDENT COMMANDER TYPE 3
24
IOF3
INFORMATION OFFICER TYPE 3
24
LOFR3
LIAISON OFFICER TYPE 3
24
PI03
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
STL()
STRIKE TEAM LEADER (CREW, ENGINE, DOZER, MILITARY, or
TRACTOR -PLOW)
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
SUBD
SUPPORT BRANCH DIRECTOR
26
SPUL
SUPPLY UNIT LEADER
24
SVBD
SERVICE BRANCH DIRECTOR
26
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
Dated 5/8/09
12
rvwrTo1l IDia8c
MOST CURRENT REVISION OF THE
RIMT TRAVEL AND PERSONNEL REIMBURSEMENT FORM
13