007-22 - Resolution - ILA for Public Works Mutual AidDocuSign Envelope ID: OF8F72CB-7E1A-427D-B54A-295F353F473E
RESOLUTION NO.007-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE INTERLOCAL AGREEMENTS WITH THE WASHINGTON
STATE DEPARTMENT OF TRANSPORTATION, MASON AND KITSAP COUNTIES,
AND THE CITIES OF SHELTON, POULSBO, AND BREMERTON FOR PUBLIC WORKS
EMERGENCY RESPONSE ASSISTANCE.
WHEREAS, the City provides mutual public works aid to its neighboring jurisdictions and
the Washington State Department of Transportation (WSDOT) to ensure immediate assistance in
the event of a disaster, and relies on its neighboring jurisdictions and WSDOT to provide reciprocal
support; and
WHEREAS, WSDOT has prepared two (2) Interlocal Agreements to govern the parties' roles
and responsibilities for providing mutual aid in two scenarios: (1) in the event of a proclaimed
disaster; and (2) when a disaster occurs but there has not been a proclamation of emergency, as
set out in Chapter 38.52 RCW; and
WHEREAS, the City and its partners are authorized to enter into these Agreements
pursuant to the Interlocal Agreement Act, Chapter 39.34 RCW; and
WHEREAS, the City Council finds it is in the best interest of the health, safety and welfare
of the residents of Port Orchard to enter into these Interlocal Agreements for mutual aid in the
event of a disaster; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council approves of and authorizes the Mayor to execute the Interlocal
Agreement, GCB 3207, (Local Agency Emergency Event — No Proclamation) Public Works
Emergency Response Assistance Mutual Aid Agreement, with the Washington State
Department of Transportation, Mason and Kitsap County, and the cities of Shelton,
Poulsbo, and Bremerton, attached hereto as Exhibit A (Contract No. CO25-22) and
incorporated herein by this reference.
THAT: The City Council approves of and authorizes the Mayor to execute the Interlocal
Agreement, GCB 3207, (Emergency Proclamation) Public Works Emergency Response
Assistance Mutual Aid Agreement, with the Washington State Department of
Transportation, Mason and Kitsap County, and the cities of Shelton, Poulsbo, and
Bremerton, attached hereto as Exhibit B (Contract No. CO26-22) and incorporated
herein by this reference.
DocuSign Envelope ID: OF8F72CB-7E1A-427D-B54A-295F353F473E
Resolution No. 007-22
Page 2 of 12
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 11th day of January 2022.
Doc uSigned by:
Poa-0un. w
Robert Putaansuu, Mayor
ATTEST:
DocuSlpned by:
Brandy Rinearson, MMC, City Clerk
GCB 3207
(Local Agency Emergency Event — NO 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. This Agreement is authorized by Washington State Chapter 39.34 RCW (Interlocal Agreement Act), which
provides that any one or more public agencies may contract with any one or more other public agencies to
perform any governmental service, activity, or undertaking, which each public agency entering into the
contract is authorized by law to perform.
2. The purpose of this pre -disaster agreement between the Agencies is to provide for immediate assistance to
protect life and property by facilitating the cooperation between Agencies to assist in a disaster in the
absence of a "Proclamation of Emergency" as that term is defined in Chapter 38.52 RCW.
3. A separate agreement, GCB 3187 (Emergency Proclamation) PUBLIC WORKS EMERGENCY RESPONSE
ASSISTANCE MUTUAL AID AGREEMENT, has been prepared to address those events where a Proclamation of
Emergency has been declared invoking the broader statutory emergency powers provided to agencies in
Chapter 38.52 RCW.
4. The parties to this Agreement are responsible for the construction and maintenance of public facilities such
as street, road, highway, and related systems during routine and emergency conditions.
5. 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, and related systems and other
support.
NOW, THEREFORE pursuant to Chapter 39.34 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.
GCB 3207 Page 1 of 5
The Requestor may make the Emergency Response Assistance (Work) request by contacting the Designated
Primary Contact of a participating agency, from the signatory Agencies list maintained by the WSDOT Office of
Emergency Management (OEM), 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.
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.
GCB 3207 Page 2 of 5
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.
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). 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. 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.
GCB 3207 Page 3 of 5
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.
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
Pasco Bakotich III, P.E. Date
State Maintenance Engineer
Washington Statg..gepartment of Transportation
A OVE O FOR
Scott L. Lockwoo Date
Assista t Attorney Genera
GCB 3207 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
Date
Designated Primary Contact:
Office Contact Name
Public Works Tony Lang
Email: publicworks@cityofportorchard.us
Emergency 24 Hour Phone Number: 360.535.2490
GCB 3207 Page 5 of 5
GCB 3207
Public Works Emergency
Response Assistance under
Chapter 39.34 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
Emergency Response Schedule
Start Date End Date
EXHIBT A - Mutual Aid Cost
Recovery Submittal
Agreement No. WSDOT GCB 3207
Responder Work Order No.
Phone email
Phone email
County(s)
Cost
Invoice No.
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 FED ID or Vendor Number
Billing Address
Phone Fax Email
Distribution: Originals: Contracting Agency Copies: File
Accounting Other
Amount
GCB 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