Loading...
HomeMy WebLinkAbout022912 ORD - 04/22/1997AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CORPUS CHRISTI AND THE REFINERY TERMINAL FIRE COMPANY TO OPERATE AND MAINTAIN A CRISIS MANAGEMENT DISPATCH CENTER NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is hereby authorized to execute an Memorandum of Understanding between the City of Corpus Christi and Refinery Terminal Fire Company to operate and maintain a crisis management dispatch center. A copy of this Memorandum of Understanding is attached as Exhibit A to this Ordinance. LO\ord 1.024 April 1. 1997 2912 M1CRUFlL1�lci That thof e foregoing ordinance nis read for the first time and passed to its second reading on this the/SlvlDay Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels , 19 , by the following vote: ' Betty Jean Longoria 01--) John Longoria Edward A. Martin Dr. David McNichols That Siring oing ordinanccGe was read for the second time and passed finally on this the 2111 Day of , 19 611 by the following vote: Loyd Neal Jaime Capelo, Jr. Alex Garcia, Jr. Arnold Gonzales 1 St AWE"' PASSED AND APPROVED, this the ATTEST: Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols Day of 19'7. MAYORMAYOR THE CITY OF RP HRI51 THE CITY OF CORPU HRISTI APPROVED: 23 DAY OF illU 19 g 7. JAMES R. BRAY, JR., CITY ATTORNEY By: d — Lisa Ortiz �J Assistant City Attorney LO\ord 1.024 April 23, 1997 i J ', 11 I2 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CORPUS CHRISTI and REFINERY TERMINAL FIRE COMPANY To Operate and Maintain a Crisis Management Dispatch Center RECITALS A. Disaster situations know no boundaries and it is necessary to coordinate all response to the crisis. To facilitate emergency responder coordination, to a public or industrial emergency involving hazardous substances that will impact the safety of the citizens of Corpus Christi and immediate surrounding areas, a Crisis Management Dispatch Center has been developed to function as a central Unified Incident Command Communication Point to coordinate responses to emergencies involving hazardous substances. B. A Unified Crisis Management Dispatch Center ("CMDC") does not currently exist in the public or industrial sectors of our community. C. The Corpus Christi Police Department ("CCPD") currently operates a public safety dispatch center to provide emergency services of the Police Department and Fire Department to the citizens of the City of Corpus Christi ("City"). D. The Refinery Terminal Fire Company ("RTFC") operates a private dispatch center for emergency services to its Members. RTFC is a Texas non-profit corporation qualified under § 501(c)(4) of the Internal Revenue Code of 1986, as amended, formed for the purpose of providing specialized firefighting and emergency response services for the public benefit to its refinery and petrochemical company members located in the Port of Corpus Christi. THEREFORE, BE IT RESOLVED the hereto attested representatives of the City and RTFC agree to enter into and subscribe to the following letter of agreement; Any major public or industrial incident involving hazardous substances, which has the potential to affect the well being of citizens residing in the City of Corpus Christi or immediate surrounding areas will prompt immediate mutual communication under a Unified Incident Command System, to provide a coordinated response as contemplated by the Federal Emergency Management Agency, (FEMA), and the Occupational Safety and Health Administration, (OSHA), mandate 29 CFR 1910.120(q)(3)(I), that requires all organizations which respond to emergencies involving hazardous materials to adopt an Incident Command System. EXHIBIT "A" OPERATIONAL FUNCTIONS: 1. RTFC will dispatch day-to-day operations of the RTFC from the CMDC without supervision or oversight from the Officer -in -Charge of the CMDC (OIC-CMDC). Command and control of RTFC personnel and equipment within the CMDC will remain under the RTFC Fire Chief/Captain assigned to the CMDC. During Unified Command Operations, such command and control will be coordinated through the OIC-CMDC. Existing recording devices and reporting systems proprietary to RTFC, will remain as sole property of RTFC. All costs of repair, maintenance, upkeep and replacement, and all risk of loss or damage, related to property of RTFC located within the confines of the CMDC will be borne solely by RTFC. 2. CCPD will staff the remainder of the CMDC and appoint the OIC-CMDC. The OIC-CMDC will supervise all Unified Command Operations of the CMDC and functionally direct both City and RTFC personnel assigned to the CMDC during United Command Operations. Recording devices and computer aided reporting and information systems utilized during a Unified Command Operation, will remain the property of the City. All costs of repair, maintenance, upkeep and replacement, and all risk of Loss or damage, related to property of the City located within the confines of the CMDC will be borne solely by the City, subject to the following paragraphs 9. and 10. under this "Operational Functions" heading. 3. The OIC-CMDC will supervise the administrative performance of the CMDC and direct both RTFC personnel assigned to the CMDC and City personnel during unified operations as described above. 4. The City retains the liability for the CMDC at all times, including during Unified Command Operations, as directed by the On Scene Incident Commander or through mutual aid agreements required and authorized by duly sworn officials of the City. The City agrees, to the extent allowed by Texas law, to fully indemnify, protect, defend, and hold RTFC, its officers, employees, representatives, members, and/or agents (the Released Parties) from and against any and all claims, demands, liens, causes of action, liabilities, damages, losses, costs and expenses (including attorneys' fees and court costs) of any and every nature whatsoever arising in any manner out of or in connection with RTFCs activities conducted in the CMDC (SAVE and EXCEPT as provided in the following sentence) REGARDLESS OF ANY DEGREE OF FAULT, NEGLIGENCE IN ANY DEGREE, RECKLESSNESS, STRICT LIABILITY, STRICT PRODUCTS LIABILITY, NEGLIGENCE PER SE OR ANY OTHER ACTS OF OMISSIONS OF THE RELEASED PARTIES. The RTFC retains all liability for internal RTFC dispatch 2 operations, conducted in the CMDC for normal day-to-day operations of RTFC or response by RTFC as a non -unified emergency responder. 5. CMDC dispatchers (RTFC personnel and CCPD personnel) will learn and maintain the technical and duty requirements of the CMDC. 6. CMDC dispatchers (RTFC personnel and CCPD personnel) will perform the duties required to function for all major public emergencies occurring in both industry and public safety sectors. 7. The RTFC supervisor assigned to the CMDC will manage RTFC personnel for all discipline, pay, policy questions, job assignment, career development, and RTFC educational issues. 8. RTFC employees who are assigned to the CMDC position will complete the A.P.C.O. Basic Telecommunications Certification, NCIC/TCIC Full Access Operator Certification and train to become proficient on the "phones" and "Fire Desk" consoles at the CMDC. Additionally, RTFC employees assigned to the CMDC position will train for familiarization of the "Police" and "Information" groups and become proficient in the use of all information tools related to the CMDC. 9. The City will allow the RTFC to utilize the 911 Center's Computer Aided Dispatch (CAD) System. RTFC agrees to pay a prorata share for the cost of equipment or software development directly related to the use of the CCPD CAD System, such prorata share to be determined by mutual agreement of the City and RTFC from time to time, and contained in a separate interlocal agreement. 10. The City will allow the RTFC to participate in the CCPD's proposed AVL (Automatic Vehicle Locating) and MDT (Mobile Data Terminal) initiatives. RTFC agrees to pay a prorata share for the cost of equipment and systems development directly related to the use of the City's AVL/MDT program, such prorata share to be determined by mutual agreement of the City and RTFC from time to time, and contained in a separate interlocal agreement. 11. It is understood and agreed that this Memorandum of Understanding does not constitute an enlargement of, and shall not be construed to modify in any way, the scope of RTFC's firefighting and emergency response mission, as set forth in its Restated Articles of Incorporation and Restated Bylaws. It is further understood and agreed that this Memorandum of Understanding does not enlarge CCPD or the City's access to the property or premises of the RTFC's refinery or petrochemical company members beyond what existed prior to the execution of this memorandum. 3 SECURITY REQUIREMENTS: 1. The CCPD will conduct enhanced background checks, (TCIC/NCIC/Local) on select RTFC personnel prior to assignment to the CMDC position. The RTFC will provide documentation of a pre -appointment drug urinalysis occurring within ninety days of assignment. All assigned RTFC personnel must meet the security requirements of the CCPD prior to assignment. 2. The CCPD Technical Services Division shall monitor access of RTFC employees to the CCPD local criminal records computer system and all associated radio equipment. The CCPD Technical Services Division shall provide security training to RTFC employees who require access to the CCPD local criminal records computer system. Before CCPD provides an RTFC employee with access to the CCPD local criminal records computer system, the RTFC employee must read and agree to abide by the attached Dissemination of Information policy (Exhibit 1) and the Security Training Acknowledgment Form (Exhibit 2). CCPD will not provide an access code to any RTFC employee who fails to agree to abide by these policies. 3. Each access code assigned by the CCPD Technical Services Division is for the sole use of the person to whom the access code was assigned. The access code is not to be used by or revealed to any other person. Unauthorized use of an access code is prohibited. 4. The only access granted by the CCPD under this Agreement is to permit authorized RTFC employees the access to read or review the CCPD local criminal records or computer systems on a need to know basis. Entering any information into, or deleting any information from any record of the CCPD local criminal records and computer system is prohibited. 5. The utilization of the CCPD local criminal records and computer system by RTFC personnel is restricted to those operations necessary for efficient criminal justice administration associated with Unified Command Operations. Utilizing such information for any other purpose is prohibited. 6. It is the responsibility of RTFC to verify that each RTFC employee authorized to have access to the CCPD local computer systems understands and complies with the terms of this Agreement including attached Exhibits 1 and 2. 7. RTFC agrees to immediately notify CCPD when an authorized RTFC user ceases to be employed by RTFC or is removed from CMDC operations so that CCPD may terminate the person's access to the CCPD computer systems. 4 INFORMATION PROTECTION: 1. RTFC agrees that it will not purchase, install or utilize any computer equipment to gain or maintain access to the CCPD computer system unless the equipment has been approved by the CCPD Technical Services Division. 2. All software which relates to the operation and maintenance of the CMDC shall be acquired, issued, and installed by or under the supervision of personnel of the CCPD Technical Services Division to ensure proper maintenance of all license agreements and warranties. 3. Copying of the software used to operate and maintain the CMDC and related systems may result in violation of state or federal laws, including copyright laws, and a breach of the license agreements. Any duplication of software except for backup and archival purposes is prohibited. All backup and archiving of information will only be conducted by the CCPD Technical Services Division. REVIEW BOARD/MISCELLANEOUS PROVISIONS: 1. The CCPD and RTFC will develop a Review Board comprised of two RTFC Supervisors and two CCPD Communications Department Supervisors to (a) review procedural, performance, or conduct issues of the CMDC, (b) make recommendations to enhance performance of the CMDC, and (c) preserve security of the CCPD criminal records computer systems. Any recommendation of the Review Board concerning employee issues (conduct and performance) is advisory only and not binding on RTFC or CCPD. 2. RTFC agrees to take appropriate action towards an employee who misuses his/her access to or information obtained from the CCPD local criminal records or computer systems. Such action will not avoid prosecution for any misuse that involves criminal conduct. RTFC also agrees to immediately notify the CCPD Technical Services Division of any unauthorized use or misuse of the computer system or any information obtained from the system. 3. The CCPD shall have the right to immediately terminate or suspend an RTFC employee's access to the CCPD local criminal records system 4. The City shall have the right to terminate this agreement immediately after a Review Board meeting where compromise cannot occur with RTFC, if computer equipment used by RTFC personnel to gain or maintain access to the CCPD computer system does not meet the approval of CCPD Technical Services Division. 5 5. RTFC shall have the right to terminate this agreement immediately after a Review Board meeting where compromise cannot occur with CCPD, should working conditions or system dispatch performance and reliability not meet the approval of RTFC management. 6. Notwithstanding paragraphs 4 and 5 above, either the City or RTFC may terminate this Agreement, for any reason or no reason at all, by giving ninety (90) days written notice to the other party. After said time period all obligations under this Agreement shall cease. 7. This Agreement shall be automatically renewed for one year periods unless either party provides the other with ninety (90) days advance written notice of discontinuation. NOTICES: For purposes of written notification, all written notices to the City or to RTFC shall be addressed as follows: For the City: For RTFC: AGREED TO BY: P. Alvarez, Jr. Chief of Police 321 John Sartain Street Corpus Christi, Texas 78401 Robert C. Andrews, Jr. Vice President & Fire Chief 4802 Up River Road Corpus Christi, TX 78407 THE CITY OF CORPUS CHRISTI By: Name: Bill Hennings Title: City Manager Date: 6 CORPUS CHRISTI POLICE DEPARTMENT By: \ (.i& 6i L Name: P e Alvarez, Jr. Title: Chief of Police Date: rev -7/Q CORPUS CHRISTI FIRE DEPARTMENT By: Name: fli . Ad Title: ire Chief Date: 3/17 /c/, REFINERY TERMINAL FIRE COMPANY By: Name: Ijfibert C. Andrewd`, Jr. Title: Vice President & Fire Chief ACC16189 7 DISSEMINATION OF INFORMATION POLICY 1. RTFC employees shall not make known, or exhibit, the contents of any official file or criminal record filed in the Corpus Christi Policy Department ("CCPD") to any person not authorized by the Communications Manager to receive the information. 2. Access to criminal record information shall be on a "need to know" basis, including within the CMDC or the police department. A. The mere status of being an RTFC employee shall not provide an individual access to the information in the CCPD files. B. RTFC or CCPD employees who have no connection with an investigation have no greater privilege to have access to reports of an investigation than any other person. 1. Access to information contained in the CCPD files is limited to access for the purpose of continuing an assigned investigation. 2. RTFC personnel shall not disclose the details of or information obtained in an ongoing investigation without proper authority from the Communications Manager. C. RTFC personnel who obtain information from a CCPD official file, a criminal record, or otherwise during an investigation, shall not cause their findings, examination results, or other investigative information to be revealed to anyone not directly involved in the case. D. Clerks, typists, civilian supervisors, and information systems personnel shall never reveal to unauthorized persons information gained by the processes of handling CCPD reports or investigative case studies. I have read the above information and agree to abide by its terms. From the computer training I have received and as a user of the CCPD computer systems, I understand that I shall not use the CCPD computer systems for personal use, personal gain, or curiosity. I understand that improper dissemination of CCPD official file information or criminal record information may result in disciplinary action, up to and including termination from employment and that such disclosure or misuse may also constitute illegal conduct punishable by federal or state statutes and jor local ordinance. Name (Printed): Signature: Date: ACC16189 8 ACKNOWLEDGMENT FORM CITY OF CORPUS CHRISTI POLICE DEPARTMENT AND REFINERY TERMINAL FIRE COMPANY LOCAL CRIMINAL JUSTICE INFORMATION SYSTEM SECURITY TRAINING 1. This is to acknowledge that I received training on the security management of the Corpus Christi Police Department Local Criminal Justice Information System ("System") used throughout the Corpus Christi Police Department ("CCPD"). I have carefully read and understand that access and use of this System is for official business only. 2. Prohibited practices include but are not limited to the following: A. Utilizing the System to obtain information about family, friends, neighbors, co-workers, or anyone when said information is not related to an official Command Center purpose; B. Utilizing the System to obtain information for anyone who has not been authorized to receive information by the Communications Manager; C. Distributing information obtained from the System without authorization from the Communications Manager; D. Sharing information obtained from the System with someone who does not have an official need to know about the information; E. Disclosing my access code; F. Entering any information onto or deleting any information from any record of the System; G. Failing to log off of the System before leaving the work area. 3. I agree to comply with the System security requirements and understand that my failure to do so may result in the termination of my access to the CCPD Local Criminal Justice Information System. I further understand that any failure to follow the System security requirements may result in disciplinary action up to and including termination from employment and may also constitute illegal conduct punishable by federal, state and/or local law or ordinance Employee's Name (Printed) Date Employee's Signature 9 ACC16189 NOTICE OF INVESTIGATION I understand that as an employee of RTFC, I may be assigned duties that require an enhanced background investigation. Such duties may include, but not be limited to, assignment to a Unified Command Center with the Corpus Christi Police Department. The enhanced background investigation may include, but not be limited to, use of Texas Crime Information Center (TCIC), National Crime Information Center (NCIC), and Local systems to inquire into my criminal history, if any. I understand that the enhanced background investigations may be conducted at various times during my employment with RTFC and without further notice to me. I hereby authorize RTFC or its agents to conduct background investigations, including enhanced investigations, to determine my suitability for initial employment, continued employment, and/or duty assignment. I understand that my failure to provide such authorization or the information obtained from the background investigation(s), may eliminate me from further consideration of my employment application or, if hired, may result in my separation from employment with RTFC or a limitation of duties. Date Employee ACC16189 10