Ordinance No. 16,378 (Item 5.b.)ORDINANCE NO. 16,378
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN A
MEMORANDUM OF UNDERSTANDING BETWEEN TEXAS DIVISION OF
EMERGENCY MANAGEMENT (TDEM), TEXAS EMERGENCY
ASSISTANCE TEAMS (TEMAT), AND THE CITY OF BAYTOWN, TO
DELINEATE RESPONSIBILITIES AND PROCEDURES FOR TEMAT
ACTIVITIES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the
City Manager to execute a Memorandum of Understanding Between Texas Division of Emergency
Management (TDEM), Texas Emergency Assistance Teams (TEMAT), and the City of Baytown,
to delineate responsibilities and procedures for TEMAT activities. A copy of said agreement is
attached hereto, marked Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 22nd day of January, 2026.
1
ARLES J H N, Mayor
ST:
ANGELt)AC SON, City q-l�
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APPROVED AS TO FORM:
SCOTT LEXf OND, City Attorney
R:\Ordinances and Resolutions\Ordinance Drafts\2026-1-22\0rdinance Authorizing MOU with TDEM and TEMAT Updated.vh.doex
EXHIBIT "A"
Memorandum of Understanding
Between
Texas Division of Emergency Management
and Texas Emergency Management Assistance Teams Participating
Jurisdiction/Employer
This memorandum of understanding ("TEMAT MOU") becomes effective as of the date of final
signature, by and between the Texas Division of Emergency Management ("TDEM"), a member
of The Texas A&M University System ("A&M System") and an agency of the State of Texas, and
the Texas Emergency Management Assistance Teams ("TEMAT") participating
jurisdiction/employer ("Jurisdiction").
I. PURPOSE
In accordance with Texas Government Code Chapter 418, Subchapter E-1 Texas Statewide
Mutual Aid System, and the State of Texas Emergency Management Plan, this TEMAT
MOU delineates responsibilities and procedures for TEMAT activities. TDEM's authority
is provided through the State of Texas to activate state resources for the purposes of
TEMAT Programs.
TEMAT Programs include and are administered by the state agencies listed below:
TEMAT Program
State Agency Program
Program Summary
Administrator
Incident Support Task
Texas Division of Emergency
Provides support through
Force (ISTF)
Management (TDEM)
multiple areas of expertise
throughout response and
recovery initiatives
Public Works Response
Texas A&M Engineering
Provides support for
Team (PWRT)
Extension Service (TEEX)
critical infrastructure
systems
Texas A&M Task Force
Texas A&M Engineering
Provides search and rescue
1 (TX-TFI)
Extension Service (TEEX)
support through Texas
A&M Task Force 1, Texas
Task Force 2, and Texas
A&M Task Force 3
State of Texas Incident
Texas Division of Emergency
Provides position specific
Management Team
Management (TDEM)
personnel to assist in
IMT
emergency operations
Texas Intrastate Fire
Texas A&M Forest Service
Provides wildland and fire
Mutual Aid System
(TFS)
department support
TIFMAS
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II. SCOPE
The provisions of this memorandum of understanding apply to TEMAT activities
performed at the request of TDEM at the option of the participating Jurisdiction. These
activities may be in conjunction with, or in preparation of, a local, state or federal
declaration of disaster. The scope of this TEMAT MOU also includes training activities
sponsored by the state, TDEM, the Jurisdiction, and the Program Administrators to
maintain TEMAT operational readiness.
III. PERIOD OF PERFORMANCE
This TEMAT MOU commences on the date of the last signature and continues for a
period of five (5) years unless terminated earlier in accordance with the terms of this
TEMAT MOU.
IV. DEFINITIONS
A. Affiliated Member: A TEMAT Member that is associated with a Jurisdiction or
participating agency for purposes of this agreement.
B. Backfill: The assignment of personnel by a participating Jurisdiction to meet their
minimum level of staffing to replace a deployed TEMAT Member.
C. Incident Support Task Force: The division of TDEM is responsible for maintaining
all TEMAT program information to include but not limited to this TEMAT MOU
and the ISTF Program Guide.
D. Jurisdiction: A TEMAT Member's employer, which, by the execution of this
TEMAT MOU, has provided official approval of their employee's membership
involvement with TEMAT.
E. Member: An employee of a Jurisdiction who has been formally accepted into a
TEMAT Program and is in compliance with all program requirements (for both
TEMAT overall and specific requirements for the program(s) for which they are a
Member). For clarification, the lower-case use of "member" within this agreement,
refers to a A&M System member.
F. PIV-I: Personal Identification Verification Interoperability card should be issued to
all first responders.
G. Program: One of the TEMAT Programs listed in the above table and administered by
a Texas state agency to provide assistance during an emergency event or disaster.
H. Program Administrator: Designated State agency representative participating in the
program or administering the program on behalf of the state.
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I. Red Card: A National Wildfire Coordinating Group (NWCG) "Red Card" is a
credential issued to wildland firefighters that verifies their qualifications and training
for specific wildland fire positions.
J. State Mutual Aid Reimbursement Guide: A living document explaining how TDEM
will reimburse local responding entities, state agencies, and other entities for
accepting and responding to state -assigned mutual aid missions.
K. TEMAT: Any response team administered by a state Jurisdiction of Texas to provide
response assistance to local Jurisdictions or the state of Texas.
L. TEMAT Training and Exercises — Jurisdiction Sponsored: Training and/or exercises
performed at the direction, control, expense, and funding of a participating
Jurisdiction in order to develop and maintain capabilities of the Member and
TEMAT.
M. TEMAT Training and Exercises — State or Administrator Sponsored: Training and/or
exercises performed at the direction, control, expense, and funding of the state or
Program Administrator.
N. Unaffiliated Member: An approved Member of the Incident Support Task Force that
is not currently employed by a government entity.
V. RESPONSIBILITIES
A. TDEM shall be responsible for the following:
Provide and maintain administrative and personnel management guidelines and
procedures related to TEMAT and this TEMAT MOU.
2. Maintain, in coordination with Program Administrators, programmatic
guidance to provide standard operating procedures that are current and readily
available to Program Administrators, Jurisdictions, and Members.
3. Provide training to Members. Training shall be consistent with the objectives
of the TEMAT Program overall to include but not limited to State Operations
Center functions, financial reimbursement, and other training.
4. Work with Program Administrators to ensure all administrative, fiscal, and
personnel management guidelines are consistent across all TEMAT Programs.
Provide coordination between Program Administrators, other relevant
governmental and private entities, Jurisdiction, and Member.
6. Maintain overall TEMAT contact list for all Jurisdictions and Members.
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B. The TDEM shall ensure that the Program Administrator(s) will do the following:
1. Recruit and manage Members for their specific program according to guidelines
outlined in the program -specific guidance manual.
2. Produce related portion of the program -specific guidance manual to provide
standard operating procedures that are current and readily available to
Members.
3. Provide and maintain qualifications, training, and operational guidelines and
procedures related to the TEMAT Program they administer.
4. Provide upon approval of membership and then collect upon separation from
the program equipment, uniforms, and identification issued on behalf of
TEMAT.
5. Provide training for Members. Training must be consistent with the objectives
of developing, increasing, and maintaining individual skills necessary to
maintain operational readiness related to emergency management response.
6. Develop, implement, and exercise an internal notification and call -out system
for Members.
7. Provide coordination between the state, other governmental and private entities,
participating agency/employer, and Member, notify Jurisdictions or program
Members of the need for activation.
8. Maintain and submit, annually, a primary contact list for their respective
program, for all Jurisdictions and Members, to the state.
9. Maintain personnel files on all Members of administered programs for the
purpose of documenting training records, qualifications, emergency
notification, and other documentation as required by the state and Program
Administrators.
10. Ensure the issuance of PIV-I to each Member through coordination with
TDEM. If removed from team, then the PIV-I should be retrieved and revoked
immediately. Program Administrator(s) should retrieve the PIV-I and notify
TDEM for immediate revocation.
11. Program Administrator, TEEX, will reimburse Jurisdiction for Urban Search
and Rescue (US&R), Public Works Response and sponsored training activities
related to this TEMAT MOU under the authority of the State of Texas
Emergency Management Plan, the Robert T. Stafford Disaster Relief and
Emergency Act, Public law 93-288, as amended 42 U.S.C. 5121, et seq., and
Title 44 CFR Part 208 — National Urban Search and Rescue Response System.
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12. All reimbursement requests pursuant to this section shall follow program
specific guidelines included in the TEEX Deployment Reimbursement
Manual and the State Mutual Aid Reimbursement Guide.
C. The Jurisdiction shall:
1. Determine which TEMAT Programs the Jurisdiction will support by providing
Members and being able to respond as requested by TDEM and Program
Administrators.
2. Upon signature, the Jurisdiction will submit a roster within fourteen (14)
calendar days of final signature to TDEM and Program Administrators.
Maintain a roster of all its personnel participating in TEMAT activities and
submit an update annually. The roster shall include all current Red Card
qualifications for each Member when applicable.
3. Provide a primary point of contact to TDEM and Program Administrators for
the purpose of notification of TEMAT activities and for administrative
activities.
4. Provide administrative support to employee Members of TEMAT, e.g., time off
when fiscally reasonable to do so for TEMAT activities such as training,
meetings, and actual deployments.
5. Ensure all reimbursement claims meet the requirements of the State Mutual Aid
Reimbursement Guide.
6. Upon notification by TDEM, the Jurisdiction will determine which Members
within Jurisdiction are qualified and available for deployment. Jurisdiction
determines which qualified Members deploy.
D. The Jurisdiction shall ensure the Member(s):
1. Perform duties, as required by their membership in a TEMAT program, when
requested and deployed by TEMAT.
2. Maintain knowledge, skills, and abilities necessary to operate safely and
effectively in the assigned position and conduct themselves in accordance with
the program -specific guidance manual.
3. Advise the Program Administrator of any change in the notification process,
i.e., address, change of employment, or phone number changes.
4. Update their membership profile through their Program Administrator or their
online portal with any updated qualifications, rate of pay change, or position
change as they occur and verify accuracy annually.
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5. Maintain, for deployment, all equipment issued by the TEMAT program and
advise Program Administrator of any lost, stolen, or damaged items assigned to
Member.
6. Keep the Jurisdiction advised of TEMAT activities that may require time off
from work.
7. Be prepared to operate in a disaster environment, which may include living and
working in austere conditions.
8. During any period in which TEMAT is activated by TDEM or during any
TEMAT sponsored or sanctioned training, Member shall be acting as a
representative of the State of Texas.
9. Ensure that staff approved for membership by Jurisdiction meet the program
requirements and experience level with his/her position on each TEMAT
program in accordance with the program -specific guidance manual.
VI. QUALIFICATIONS, TRAINING, AND EXERCISES
A. TEMAT Training and Exercises — Jurisdiction Sponsored:
Periodically, Members will be requested and/or invited to attend local TEMAT-
sponsored training or exercises. Local Jurisdiction -sponsored training or exercises
shall be performed at the direction, control, expense, and funding of the local
Jurisdiction in order to develop the technical skills of Members.
TEMAT Training and Exercises — State or Program Administrator Sponsored:
Periodically, Members will be invited to attend state TEMAT training and/or
exercises, and when these training and/or exercises are required, Jurisdiction shall
ensure Member attends such. These trainings and exercises shall be performed at the
direction, control, expense, and funding of the state which may include being
administered through a Program Administrator in order to develop and maintain the
incident support capabilities of the TEMAT. For state or Program Administrator
sponsored training or exercises, the Jurisdiction shall coordinate with TDEM and/or
Program Administrators, prior to the event, to receive written authorization prior to
such an event.
B. Minimum Qualification and Training Requirements
Jurisdiction should allow Members appropriate time to maintain the qualifications
required for each position Member fills in the TEMAT Program.
Jurisdiction should ensure Members can attend available TEMAT training and
exercise opportunities provided for the assigned TEMAT position to ensure the
maintenance of position qualifications. Jurisdiction understands that failure for
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Jurisdiction to ensure Members attend or maintain qualifications may result in
dismissal from the TEMAT Program when qualifications are no longer valid.
VII. ADMINISTRATIVE, FINANCIAL, AND PERSONNEL MANAGEMENT
A. Reimbursement of Administrators/Jurisdiction
1. All guidelines and procedures for requesting reimbursement shall be pursuant
to the State Mutual Aid Reimbursement Guide.
2. All financial commitments herein are made subject to the availability of funds
from the State of Texas.
VIII. Liability and Workers' Compensation for State Activation/And Training
A. During any period in which a program under TEMAT is activated by the State of
Texas, or during any TEMAT sanctioned training, Members who are not
employees of A&M System or another agency of the State of Texas
will be considered to be in the course and scope of the Member's (employee's)
regular employment with the Jurisdiction (employer) and the Member shall be
entitled to full benefits, including workers' compensation and liability coverage, as
an employee of their employer.
B. For a Member who becomes injured during any period in which a program under
TEMAT is activated by the State of Texas, or during any TEMAT sanctioned
training, the Jurisdiction shall immediately notify the Program Administrator and
TDEM of the injury in writing, and TDEM shall reimburse the Jurisdiction the costs
and expenses paid by the Jurisdiction to Member, including but not limited to, all
related medical expenses, compensation, wages, pension contributions, and any
benefits provided by the Jurisdiction. Pursuant to Texas Government Code Section
418.118(b), the Jurisdiction may seek reimbursement for all eligible costs and
expenses as provided in this section by providing TDEM or the Program
Administrator, whichever is applicable, adequate supporting documentation for the
costs/expenses claimed, to include proof of pay provided by the Jurisdiction to the
Member. Said reimbursement shall continue, in accordance with Texas Labor Code
Section 408, until such time that the injured Member is medically cleared for return
to work or in the event of permanent disability or death, until all obligations for
payment to the Member or Member's beneficiaries are satisfied.
IX. CONDITIONS, AMENDMENTS, AND TERMINATION
A. This TEMAT MOU may be modified or amended only by the written agreement of
all the parties.
B. This TEMAT MOU may be terminated by any signing party, upon thirty (30) days
written notice to the other party.
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C. The state complies with the provisions of the Department of Labor Executive Order
11246 of September 24, 1965, as amended and with the rules, regulations, and
relevant orders of the Secretary of Labor. To that end, the state shall not discriminate
against any 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 TEMAT MOU is governed by the laws of the State of Texas (but not its conflict
of laws statutes and principles). Pursuant to Section 85.18 (b), Texas Education
Code, venue for a state court suit filed against any member of A&M System, or any
officer or employee of A&M System is in the county in which the primary office of
the chief executive officer of the system or member, as applicable, is located.
E. The parties expressly acknowledge that the Program Administrators are agencies of
the State of Texas and nothing in this TEMAT MOU will be construed as a waiver
or relinquishment by any state agency administrator of its right to claim such
exemptions, privileges, and immunities as may be provided by law.
F. By executing this TEMAT MOU, all parties and each person signing on behalf of
each party 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 A&M System or A&M System Board of
Regents, nor any employee, or person, whose salary is payable in whole or in part by
A&M System, has direct or indirect financial interest in the award of this TEMAT
MOU, or in the services to which this TEMAT MOU relates, or in any of the profits,
real or potential, thereof.
G. Each party is responsible to ensure that employees participating in work for any
member of A&M System have not been designated by a member of A&M System as
Not Eligible for Rehire (NEFR) as defined in System policy 32.02, Section 4. Non-
conformance to this requirement may be grounds for termination of this agreement.
In event a system member becomes aware that a contracting party has any employees
that are designated as NEFR under this TEMAT MOU, the nonconforming employee
is immediately required to be removed from all performance duties upon demand by
a system member.
X. JURISDICTION DECLARATION OF PARTICIPATION IN TEMAT
Jurisdiction agrees to abide by the terms and conditions of this TEMAT MOU and
the program -specific guidance manual. Jurisdiction agrees to allow employees to serve as
TEMAT Members for the approved TEMAT Programs checked below:
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TEMAT Program
Check for
Participation
Jurisdiction Point of
Contact Initials
Incident Support Task Force (ISTF)
IR
Public Works Response Team (PWRT)
IN
Texas A&M Task Force 1
21
State of Texas Incident Management
Team IMT)
Texas Intrastate Fire Mutual Aid System
TIFMAS
❑x
XI. POINTS OF CONTACT
Name:
Title:
Address Line 1:
Address Line 2:
City, State, Zip:
Phone Number:
Email:
Name:
Title:
Address Line 1:
Address Line 2:
City, State, Zip:
Phone Number:
Email:
TDEM
Chief Nim Kidd
Chair — Texas Emergency
Management Council
313 E Anderson Ln
Building 3
Austin, TX 78752
512-424-2436
Nim.kidd(&tdem.texas.gov
TEMAT Coordinator
Kharley Smith
ISTF Division Chief
313 E Anderson Ln
Building 3
Austin, TX 78752
512-424-2436
kharley.smith(a tdem.texas.gov
Jurisdiction
David Alamia/Derrick Gaskin
Emergency Management Coordinator/Assistant Fire Chief
3200 Main Street, Suite 100
Baytown, Texas 77521
281-422-2311
oem@baytown.org
XII. GENERAL PROVISIONS
A. This TEMAT MOU, with the rights and privileges it creates, is assignable only with the
written consent of the parties.
B. Pursuant to Texas Government Code Section 321.013, acceptance of funds under this
TEMAT MOU constitutes acceptance of the authority of the State of Texas, the Texas State
Auditor's Office, or any successor agency (collectively, "Auditor"), to conduct an audit or
investigation in connection with those funds under Texas Education Code Section
51.9335(c). Jurisdiction shall cooperate with the Auditor in the conduct of the audit or
investigation, including without limitation, providing all records requested.
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C. Pursuant to Texas Government Code Sections 2107.008 and 2252.903, any payments
owing to Jurisdiction under this TEMAT MOU may be applied directly toward certain
debts or delinquencies that Jurisdiction 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. To the extent applicable, Jurisdiction 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
Jurisdiction that cannot be resolved in the ordinary course of business. Jurisdiction shall
submit written notice of a claim of breach of contract under this Chapter to TDEM's
designated official, who will examine the claim and any counterclaim and negotiate in an
effort to resolve the claim.
XIII. ENTIRE AGREEMENT
This TEMAT MOU terminates and supersedes any prior TEMAT MOU amongst TDEM,
TEMAT Program Administrators, a TEMAT Employee Member, and Participating
Jurisdiction. This TEMAT MOU, in addition to the related program -specific guidance
manuals and State Mutual Aid Reimbursement Guidelines, reflects the entire agreement
between the parties.
TDEM and Jurisdiction hereby acknowledge that they have read and understand this entire
TEMAT MOU. All oral or written agreements between the parties hereto relating to the subject
matter of this TEMAT MOU that was made prior to the execution of this TEMAT MOU have been
reduced to writing and are contained herein. TDEM and Jurisdiction agree to abide by all terms
and conditions specified herein and certify that the information provided to the state is true and
correct in all respects to the best of their knowledge and belief.
This TEMAT MOU is entered into by and between the following parties:
TEXAS DIVISION OF EMERGENCY MANAGEMENT
Signature:
Name: W. Nim Kidd
Title: Chief, Texas Division of Emergency Management
Date:
JURISDICTION
Signature:
Name: Jason Reynolds
Title: Baytown City Manager
Date:
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