026-22 - WSDOT - ContractGCB 3187
(Emergency Proclamation) PUBLIC WORKS EMERGENCY
RESPONSE ASSISTANCE
MUTUAL AID AGREEMENT
This Agreement is between those Government Agencies (local, county, tribal or state), herein after
"Agency" or "Agencies," that have executed the Agreement, as indicated by the signatures at the end of
this document.
1. The purpose of this pre -disaster agreement between the Agencies is to provide for immediate
assistance to protect life and property.
2. This Agreement is authorized under Washington State Chapter 38.52 RCW (Emergency
Management),; which is activated only in the event of a proclamation of an emergency by the local,
county, tribal and/or state government approving authority.
3. The parties to this Agreement are responsible for the construction and maintenance of public
facilities such as street, road, highway, sewer, water, and related systems during routine and
emergency conditions.
4. Each of the parties owns and maintains equipment, and employs personnel who are trained to
provide service in the construction and maintenance of street, road, highway, sewer, water, and
related systems and other support.
NOW, THEREFORE, pursuant to Chapter 38.52 RCW and in consideration of the terms, conditions, and
performances contained herein, the recitals as stated above, and the attached Exhibits which are
incorporated and made a part hereof,:
It is Mutually agreed as follows:
1. Request
If confronted with an emergency situation requiring personnel, equipment or material not available
to it, the requesting party (Requestor) may request assistance from any of the other parties who
have executed this Agreement.
The Requestor may make the Emergency Response Assistance (Work) request by contacting the
Designated Primary Contact of a participating Agency, from the list of Office of Emergency
Management (OEM) signatory Agencies, by phone or email.
2. Response
Upon receipt of such request, the party receiving the request (Responder) shall immediately take
the following action:
A. Determine whether it has the personnel, equipment, or material available to respond to the
request.
GCB 3187 Page 1 of 5
B. Determine what available personnel and equipment should be dispatched and/or what material
should be supplied.
C. Dispatch available and appropriate personnel and equipment to the location designated by the
Requestor.
D. Provide appropriate access to the available material.
E. Advise the Requestor immediately in the event all or some of the requested personnel,
equipment, or material is not available.
NOTE: It is understood that the integrity of dedicated funds needs to be protected. Therefore, Agencies
funded with road funds are limited to providing services for road activities, sewer funds are limited to
providing services for sewer activities and so on.
3. Incident Commander
The Incident Commander of the emergency shall be designated by the Requestor, and shall be in
overall command of the operations under whom the personnel and equipment of the Responder
shall serve. The personnel and equipment of the Responder shall be under the immediate control of
a supervisor of the Responder. If the Incident Commander specifically requests a supervisor of the
Responder to assume command, the Incident Commander shall not, by relinquishing command,
relieve the Requestor of responsibility for the incident.
4. Documentation
Documentation of hours worked, and equipment or materials used or provided will be maintained
on a shift by shift basis by the Responder, and provided to the Requestor as needed.
5. Release of Personnel and Equipment
All personnel, equipment, and unused material provided under this Agreement shall be returned to
the Responder upon release by the Requestor, or on demand by the Responder.
6. Compensation
It is hereby understood that the Responder 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. Compensation may include:
A. Compensation for workers at the Responder's current pay structure, including call back,
overtime, and benefits.
B. Compensation for equipment at Responder's established rental rate.
C. Compensation for materials, at Responder's cost. Materials may be replaced at Requestor's
discretion in lieu of cash payment upon approval by the Responder for such replacement.
GCB 3187 Page 2 of 5
D. The Responding Agency shall submit a Mutual Aid Cost Recovery Submittal (Exhibit A) and
itemized voucher of costs to the Designated Primary Contact 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.
(Note: after execution of the Agreement the participating Agency Designated Representative
will be provided the electronic fillable pdf of Exhibit A)
7. Indemnification
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.
A. 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).
B. 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 attorney's 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. Worker Compensation Withholdings and Employer Liability
Each party shall remain fully responsible as employer for all taxes, assessments, fees, premiums,
wages, withholdings, workers compensation and other direct and indirect compensation, benefits,
and related obligations with respect to its own employees. Likewise, each party shall insure, self -
insure, or both, its own employees as required by Washington Revised Code of Washington (RCW).
9. The Agreement
A. It is understood that all parties may not execute this Agreement at the same time. It is the
intention of the parties that any governmental entity in the State of Washington may enter into
this Agreement and that all parties who execute this Agreement will be considered to be equal
parties to the Agreement. The individual parties to this Agreement may be "Requestor" or
"Responder's" as referred to in Section 1. and 2. above, to all others who have entered this
Agreement.
GCB 3187 Page 3 of 5
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, Office of Emergency
Management (OEM). The OEM shall maintain a list of all signatory Agencies.
1) Written notice of intent to terminate this Agreement must be given to all other parties
on the master list of parties at least 30 days prior to termination date. This notice shall
automatically terminate the Agreement as to the terminating party on the date set out
in the notice unless rescinded by that party in writing prior to that date.
2) Termination will not affect a party's obligations for payment arising prior to the
termination of this Agreement.
10. Non -Exclusive
This Agreement is not intended to be exclusive among the parties. Any party may enter into
separate cooperative assistance or mutual aid agreements with any other entity. No such separate
agreement shall terminate any responsibility under this Agreement.
11. Parties to This Agreement
Participants in this Agreement are indicated on the following pages, one party per page.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement for Public Works Emergency
Response Assistance to be executed by duly authorized representatives as of the date of their
signatures.
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
R.f
ea4-
Pasco Bakotich III, P...
State Maintenance Engineer
Washington Syta(e [3gpartment of Transportation
Date
RM
Date
Attorney General
GCB 3187 Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement for Public Works Emergency
Response Assistance to be executed by duly authorized representatives as of the date of their
signatures.
City of Port Orchard
Agency
Port Orchard
Jurisdiction
Mayor Robert Putaansuu
Authorized Representative
1/12/2022
Designated Primary Contact:
Office
Public Works
Contact Name:
Tony Lang
Email: publicworks@cityofportorchard.us
Emergency 24 Hour Phone Number: 360.535.2490
Phone Number;
360.535.2490
GCB 3187 Page 5 of 5
GCB 3187
Public Works Emergency
Response Assistance
Chapter 38.52 RCW
payment codes must be provided by requestor
Responding Designated Primary Contact
Mailing Address
Requesting Designated Primary Contact
Mailing Address
Project Information
Project Title
State Route, Street or Road
Phone
Phone
EXHIBT A - Mutual Aid Cost
Recovery Submittal
Agreement No.[ WS DOT GCB 31
Responder Work Order No.
email
email
� I
Emergency Response Schedule Cost
Start Date End Date Invoice No. Amount
Scope of Emergency Response Total Amount -�
Provide a brief description of Work and attach back up documents (include detailed description of
work and actual cost).
Requesting Agency
Billing Address
Phone TFax Email
FED ID or Vendor Number
Distribution: Originals: ❑ Contracting Agency Copies: File
❑ Accounting ❑ Other