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Home My WebLink About5.448 Original Contract riLED fO!~ Ri/:fJPJ ~t~ r T~1f. FI)l~ES T r >._._~_j),,4.~ .._-, "i.[(()itDI..) .', -:,~~,';~,,,,', :. .\~ ~ t~t< CO Filed at the Request of: 2005 AVe 30 An S': 09 G City of Port Angeles City Clerk's Office P. O. Box 1150 Port Angeles, W A 98362 II~MIIIIIIIIIIWI~ 2005 1163935 Clallam County Interlocal Agreement City Clerk File No.: 5. W Agreement between the City of Port Angeles and ~ k L WCNk.. ~ Purpose: ~ rusp~ \f\~ id ~~~~ Dated: (, bK flY<" '7fc()f'1' . . .'; 5,~<lr ~. :\... PUBLIC WORKS EMERGENCY RESPONSE MUTUAL AID . AGREEMENT FOR- - SIGNATORY AGENCIES IN THE STATE OF WASHINGTON '~ . INTRODUCTION The purpose of the Public Works Emergency Response Mutual Aid Agreement is to permit signatory agencies to make the most efficient use of their powers by enabling them to coordinate resources and to maximize funding reimbursement during disasters/ emergencies. This Agreement will allow signatory agencies to support each other during disasters/emergencies to protect life and property, when the event is beyond the capabilities of the affected entity. This Agreement provides the mechanism for an "- immediate response to the Requesting Agency provided the Responding Agency has the resources and expertise necessary and available. When faced with a disaster or emergency, public works agencies have a responsibility to maintain service and recover in the most expedient way. This can best be accomplished by preparation, coordination and cooperation with other public works agencies. Agencies are charged with the responsibility of coordinating efforts and compiling damage and recovery information on disasters and then reporting to the appropriate authority. Then the State requests aid and assistance from the federal government. The following definitions for disaster and emergency are from the State Comprehensive Disaster Plan and were used in this Public Works Emergency Response Mutual Aid Agreement: Disaster - An event expected or unexpected, in which a community's available, pertinent resources are expended; or the need for resources exceeds availability; and in which a community undergoes severe danger; incurring losses so that the social or economic structure of the community is disrupted; and the fulfillment of some or all of the community's essential functions are prevented. Emergency - An event, expected or unexpected, involving shortages of time and resources; that places life, property or the environment, in danger; that requires response beyond routine incident response resources. The reference guide is designed to be useful to individual agencies during a proclaimed emergency - whether it be to borrow a piece of equipment for a specific job or request crews to assist in repair of a major failure. The reference guide will be updated and revised periodically, please insert the revisions immedia.t~ly. I , . . - < ~.- AGREEMENT ~ . .. PUBLIC WORKS EMERGENCY RESPONSE MUTUAL AID AGREEMENT WHEREAS, the purpose of this pre-disaster agreement between the agencies is to provide for immediate assistance to protect life and property; WHEREAS, this Agreement is authorized under State of Washington, RCW's 35 (City), 36 (County), 38.52 (Emergency Management), 39.34 (Interlocal Agreement) and 47 (Public Highway Transportation (DOT)); which is activated only in the event of a proclamation of an emergency by the local and/or state government approving authority; WHEREAS, the agency asking for assistance from any signatory agency will herein be referred to as the Requesting Agency; WHEREAS, the signatory agency agreeing to assist another signatory agency asking for assistance will herein be referred to as the Responding Agency; WHEREAS, it is necessary and desirable that this Agreement be executed for the exchange of mutual aid; with the intent to supplement not supplant agency personnel. NOW, THEREFORE, it is hereby agreed by each and all of the parties signatory to the Agreement as follows: 1. Each agency signatory to this Agreement agrees to furnish, upon its sole discretion, those resources and services it deems to be available to each other signatory agency hereto as necessary to assist in the prevention, response, recovery and mitigation of proclaimed emergencies/disasters. 2. It is hereby understood that this Agreement shall not supplant pre-existing mutual aid agreements nor deny the right of any agency hereto to negotiate other mutual aid agreements. 3. The Responding Agency shall assist in only those situ.ations for which it has determined it has qualified personnel, appropriate equipment and necessary materials. Resources of the Responding Agency that are made available to the Requesting Agency shall, whenever possible, remain under the control and direction of the Responding Agency. The Requesting Agency shall coordinate the activities and resources of all Responding Agencies. A ~- , . , .. 4. It is hereby understood that the Responding Agency will be reimbursed (e.g., labor, equipment, materials and other related expenses as applicable, including loss or damage to equipment) at its adopted usual and customary rates. The Responding Agency shall submit an itemized voucher of costs to the Executive Head of the Requesting Agency within sixty (60) days after completion of work (RCW 38.52.080). Unless otherwise agreed, the Responding Agency shall receive reimbursement within ninety (90) days after the voucher submittal date. 5. The Responding Agency shall have no responsibilities or incur any liabilities because it does not provide resources and/or services to any other party to this Agreement. The Responding Agency shall retain the right to withdraw some or all of its resources at any time. Notice of intention to withdraw shall be communicated to the Requesting Agency's designated official, or the official's designee, as soon as practicable. 6. All privileges, immunities, rights, duties and benefits of officers and employees of the Responding Agency shall apply while those officers and employees are performing functions and duties on behalf of the Requesting Agency, unless otherwise provided by law. Employees of the Responding Agency remain employees of the Responding Agency while performing functions and duties on behalf of the Requesting Agency (RCW 38.52.080). 7. To the extent permitted by law, the Requesting Agency shall protect, defend, hold harmless and indemnify all other Responding signatory Agencies, and their officers and employees from any and all claims, suits, costs, damages of any nature, or causes of action, including the cost of defense and attorneys fees, by reason of the acts or omissions, whether negligent, willful, or reckless, of its own officers, employees, agency or any other person arising out of or in connection with any acts or activities authorized by this agreement, and will pay all judgments, if any, rendered. This obligation shall not include such claims, costs, damages or other expenses which may be caused by the sole negligence of the Responding Agencies or their authorized agents or employees. 8. Authorization and approval of this Agreement shall be in a manner consistent with the Agency's current procedures. This Agreement shall be effective upon approval by two or more agencies and shall remain in effect as long as two or more agencies are parties to this Agreement. Upon execution of this Agreement, the agency shall send an original or a certified copy of the agreement to the Washington State Department of Transportation, TransAid Service Center. TransAid shall maintain a list of all signatory agencies and send an updated list to all agencies whenever an agency is added or removed from the list. B ",-. ,.., ,~ . 9. Any agency signatory to this Agreement may cancel its participation in this Agreement by giving written notice to the Washington State Department of Transportation, TransAid Service Center. 10. This Agreement is for the benefit of the signatory agencies only and no other person or entity shall have any rights whatsoever under this Agreement as a third party beneficiary. . L\\'i OF ?oe.\ AkU"ELtS Agency LL-ALLAm ty, Washington , jD-7-C/1 Date Designated Primary Contact: . Office: \'~a\e. ~fU(S ~. Contact: j~y- ~"T\ S Phone Number: 3k)-1t1-4-'60\ Emergency 24 Hour Phone Number: 3<00 - 4\1 - ~,O [\='E.tJ (.Q~ Approved As To Form l"'-^-,-" ANN E. SALAY Office of the Attorney Gener -.:1,10 -<17 Date C