The URL can be used to link to this page

Home My WebLink About2003-016 Coop. Agrmt - ODOT OREGON PUBLIC WORKS EMERGENCY RESPONSE COOPERATIVE ASSISTANCE AGREEMENT THIS AGREEMENT is between the government agencies (local, county, or state) that have executed the Agreement, as indicated by the signatures at the end of this document. WITNESSETH: WHEREAS, parties to this agreement are responsible for the construction and maintenance of public facilities such as street, road, highway, sewer, water, and Irelated systems during routine and emergency conditions; and ~ -..~ · ¢~q-tERBAS(each. of the .part~es o~-ns:and,mmntmns.eqm~..andTe~loys/: .: personnel who are trained to provide service in the construction Md maintenance of street, road, highway, sewer, water, and related systems and other support; WHEREAS, in the event of a major emergency or disaster as defmed in ORS 40 1.025 (4), the parties who have executed this Agreement may need assistance to ']provide supplemental personnel, equipment, or other support; and WHEREAS, the parties have the necessary personnel and equipment to provide such services in the event of an emergency; and WHEREAS, it is necessary and desirable that this Agreement be executed for the exchange of mutual assistance, with the intent to supplement not supplant agency personnel; WHEREAS, an Agreement would help provide documentation needed t(~ seek the' maximum reimbursement possible from appropriate federal agencies during emergencies; WHEREAS, ORS Chapter 401.480 provides for Cooperative Assistance Agreement among public and private agencies for reciprocal emergency aid and · resoumes; and WHEREAS, ORS Chapter 190 provides for intergovernmental agreements and the apportionment among the parties of the responsibility for providing funds topay for expenses incurred in the performance of the agreed upon functions or activities; ' NOW THEREFORE, the parties agree 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. 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 espofid"t the -'" " . :"' ': *' 'to r o ...... 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 thei~ 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 forl road activities, sewer funds are limited to providing services for sewer activities and ~o on. 3. incident Commander ~ The Incident Commander of the emergency shall be designated by the Requesto~', and shall be in overall command of the operations under whom the personnel.and ex aipment of the Responder shall serve. The personnel and equipment of the Responder sh ~I be under the immediate control of a supervisor of the Responder. If the Incident Co nmander specifically requests a supervisor of the Responder to assume command, the Inei lent Commander shall not, by relinquishing command, relieve the Requestor of responsibility for the incident. 2 4. Documentation Documentation of hours worked, and equipment or materials used or provided ~yill be maintained on a shift by shift basis by the Responder, and provided to the Requ~stor 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 ...... ~:_.~ _:_ ~:::~ _flti~_by..undcr. s_to_~___ Ihat th_~ Resgo_n~der wiJl..be reimbur .sed,~....labor, equipr ~en~. materials and other related eXpenses as applicable, including loss or damage to equipment) at its adopted usu_al 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 e replaced at Requestor's discretiOn'inlieu of Cash payment upon ~proval by the Responder for such replacement. D. Without prejudice to a Responder's fight to indemnification under Section 7.A. herein, compensation for damages to equipment occurring d~ xing the emergency incident shall by paid by the Requestor, subject to the following limitations: 1) Maximum liability shall not exceed the cost of repair or cOst of replacement, whichever is less. 2) No compensation will be paid for equipment damage or loss attributable to natural disasters or acts of God not related to the emergency incident. 3) To the extent of any payment under this section, Requesto~will have the right of subrogation for all claims against parties 9ther than parties to this agreement who may be responsible in Whole or in part for damage to the equipment. 3 4) Requestor shall not be liable for damage caused by the neglect of the Responder's operators. Within 30 days after presentation of bills by Responder entitled to comPensation under this section, Requestor will either pay or make mutually acceptable arrangements for payment. ' 7. Indemnification This provision applies to all parties only when a Requestor requests and a Resp~nder provides personnel, equipment, or material under the terms of this Agreement. ~ Responder's act of, withdrawing personnel, equipment, or material provided is r~ot considered a party s activity under this Agreement for purposes of this provisioa. ..~. To. th~;e, xtent permitted ~by~ ~.zticte. :XI. o f.~.~oa::CotastiOatio~- mad:by: the Or~°n .Tort 'Claims Act, each party shall indemnify, within the limits of the TOrt Claims Ac~, the other parties against liability for damage to life or property arising from the indqmnifying party's own activities under this Agreement, provided that a party will not be required to indemnify another party for any such liability arising out of the wrongful acts ot~ employees or agents of that other party. 8. Workers Compensation Withholdings and Employer Liability Each party shall remain fully responsible 'as'ernPlo3/er for all-taxes, assessments,I fees, premiums, wages, withholdings, workers compensation and Other direct and ind~ect COmpensation, benefits, and related obligations with respect to its own employee, s. Likewise, each party shall insure, self-insure, or both, its own'employees as reqUired by Oregon Revised Statutes. 9. Pre-Incident Plans The parties may develop pre-incident plans for the type and locations of problem areas where emergency assistance may be needed, the types of personnel and equipment to be ..dispatched, and the training tobeconducted to ensure efficient oPerations. Such plans shall'take into consideration the proper protection by the Responder of its own geographical area. 10. 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 Oregon may enter into this Agreement and that all parties who execute this Agreement will be 4 considered to be equal parties to the Agreement. The individual parties to this Agreement may be "Requestor" or "Respond~r's" as referred to in Section 1. and 2. above, to all others who have entered this Agreement. B. The Oregon Department of Transportation (ODOT) Office Maintenance shall maintain the master copy of this Agreem ~nt, including a list of all those governmental entities that have ¢ :xecuted this Cooperative Assistance Agreement. ODOT will make tlle list of participants available to any entity that has signed the Agre{ ment. Whenever an entity executes the agreement, ODOT shall nc tify all others who have executed the Agreement of the new particil~ant. Except as specifically provided in this paragraph, ODOT ha 5 no obligations to give notice nor does it have any other or addil ional C. This Agreement shall be effective upon approval by two or nore parties and shall remain in effect as to a specific party for fiq'e years after the date that party executes this Agreement unless soo~ er terminated as provided in this paragraph. Any party may ten ninate its participation in this Agreement prior to expiration as foll{~ws: ~- 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,te~nate the Agreement:as. to the term:,nating party On the date,set out in the notice unlessreScinde{ 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 Agreel nent. 11. Non-exclusive This Agreement. is ~...ti.ntended to be~ex~!u~i~e among the :parties, Any p.a~y~ .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. 12. Parties to This Agreement Participants in this Agreement are indicated on the following pages, one p~rty per page. IN WITNESS WHEREOF, the parties hereto have caused this Agreement for Public Works Cooperative Assistance to be executed by duly authorized representati~4es as of the date of their signatures. STATE OF OREGON DEPARTMENT OF TRANSPORTATION Doul~ndall Date Maintenance Engineer 6 IN WITNESS WHEREOF, the p.arties heret° have caused this Agreement for public Works Cooperative Assistance to be executed by dulY authorized representatix{es as of the date of their signatures. ! Agency County, Oregon Authorized Representative Date Desiglated Primary Contact: Office: Contact: Phone Number: Emergency 24 Hour Phone Number: E-mail address (if available): 7