State Of Oregon ~ IG166003 ~ Public Works Emergency Response Cooperative Assistance � inaiLed �ZG�/
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 related
systems during routine and emergency conditions; and
WHEREAS, 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;
WHEREAS, in the event of a major emergency or disaster as defined 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 to 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
resources; and
WHEREAS, ORS Chapter 190 provides for intergovernmental agreements and
the apportionment among the parties of the responsibility for providing funds to pay for
expenses incurred in the performance of the agreed upon functions or activities;
NOW THEREFORE, the parties agree as follows:
1
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
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 providift 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.
2
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.
D. Without prejudice to a Responder's right to indemnification under Section
7.A. herein, compensation for damages to equipment occurring during the
emergency incident shall by paid by the Requestor, subject to the
following limitations:
1) Maximum liability shfi11 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, Requestor will
have the right of subrogation for all claims against parties other
than parties to this agreement who may be responsible in whole or
in part for damage to the equipment.
3
r
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 Responder
provides personnel, equipment, or material under the terms of this Agreement. A
Responder's act of withdrawing personnel, equipment, or material provided is not
considered a party's activity under this Agreement for purposes of this provision.
To the extent permitted by Article XI of the Oregon Constitution and by the Oregon Tort
Claims Act, each party shall indemnify, within the limits of the Tort Claims Act,the
other parties against liability for damage to life or property arising from the indemnifying
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 of
employees or agents of that other party.
8. Workers 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
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 to be conducted 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"Responder'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 of
Maintenance shall maintain the master copy of this Agreement,
including a list of all those governmental entities that have executed
this Cooperative Assistance Agreement. ODOT will make the list of
participants available to any entity that has signed the Agreement.
Whenever an entity executes the agreement, ODOT shall notify all
others who have executed the Agreement of the new participant.
Except as specifically provided in this paragraph, ODOT has no
obligations to give notice nor does it have any other or additional
obligations than any other party.
C. This Agreement shall be effective upon approval by two or more
parties and shall remain in effect as to a specific party for five years
after the date that party executes this Agreement unless sooner
terminated as provided in this paragraph. Any party may terminate
its participation in this Agreement prior to expiration as follows:
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.
11. 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.
12. Parties to This Agreement
Participants in this Agreement are indicated on the following pages, one party per
page.
5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement for Public
Works Cooperative Assistance to be executed by duly authorized representatives as of
the date of their signatures.
STATE OF OREGON
DEPARTMENT OF TRANSPORTATION
April 11, 2011
Luci Moore Date
Maintenance Engineer
6
IN WITNESS WHEREOF, the parties hereto have caused this Agreement for Public
Works Cooperative Assistance to be executed by duly authorized representatives as of the
date of their signatures.
City of Tigard
Agency
Wasl i on
Coun , O egon
uthorized Representative
y2z ,
Date
Designated Primary Contact:
Office: Contact: Phone Number:
Emergency 24 Hour Phone Number: Fax Number:
E-mail address (if available):
7
O-F O
recon Department of Transportation
Office of Maintenance&Operations
John A.Kitzhaber,MD,Governor 800 Airport Road SE
Salem,OR 97301-4792
April 7,2011 (503)986-3000
Fax: (503)986-3032
City of Tigard
Public Works,Dennis Koellermeier
13125 SW Hall Blvd.
Tigard, OR 97223
Dear Mr.Koellermeier:
The Oregon Public Works Emergency Response Cooperative Assistance Agreement is up for
renewal. As stated on Page 5,the Agreement shall remain in effect for five years after the date a
party executes the Agreement. Your agency's commitment to the agreement expires 8/31/2011.
The mutual aid agreement:
• Enables public works agencies to support each other during an emergency.
• Provides the mechanism for immediate response to the Requesting Agency when the
Responding Agency determines it can provide the needed resources and expertise.
• Sets up the documentation needed to seek maximum reimbursement possible from federal
agencies.
Public works agencies in Oregon may sign the agreement or cancel their participation as they
wish.The Oregon Department of Transportation(ODOT)maintains the list of all parties to the
agreement and sends an updated list to all agencies whenever an agency is added to or removed
from the list.Any agency may cancel its participation by giving written notice. The list of
current members and guidelines on the ODOT Office of Maintenance web page at
hLtp://www.oregon.gov/ODOT/HWY/OOM/ERP/pwma.shtml
To renew your agency's participation in the agreement, send the completed signature page to:
Greg Ek-Collins
ODOT Office of Maintenance
800 Airport Road SE
Salem,OR 973014798
Fax: (503) 986-3032
If you have any questions about the agreement,please call Greg Ek-Collins,ODOT Statewide
Emergency Operations Manager,at(503)986-3020.
Sincerely,
j,
Luci Moore
State Maintenance Engineer
1 �
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 related
systems during routine and emergency conditions; and
WHEREAS,-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;
WHEREAS, in the event of a.major emergency or disaster as defined 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 to 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
resources; and
WHEREAS, ORS Chapter 190 provides for intergovernmental agreements and
the apportionment among the parties of the responsibility for providing funds to pay for
expenses incurred in the performance of the agreed upon functions or activities;
NOW THEREFORE,the parties agree as follows:
1
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
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 Requesior immediately in the; Orevent ail 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 f in&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.Thee personnel and equipmentof the Responder.shallbe
under-the immediate control of supervisor of the'ResponderAf the Incident.Commander
specifically requests a,supervisor of the Responder to assume command;the Incident
Commander shalt 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 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.
D. Without prejudice to a Responder's right to indemnification under Section
TA.herein,compensation for damages to equipment occurring duringthe
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,Requestor will
have the right of subrogation for all claims against parties other
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 3.0 days after presentation of bills by Responderr 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 Responder
provides personnel, equipment,or material under the terms of this Agreement. A
Responder's act of withdrawing personnel, equipment,or material provided is not
considered a party's activity under this Agreement for purposes of this provision:
To the extent permitted by.Article:XI of the.Oregon Constitution and by the Oregon Tort
Claims Act, each party shall indemnify,within the limits,of the Tort.Claims Act,the
other parties against liability for damage to life or property arising-from.the indemnifying
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 of
employees or agents of that other party.
8. Workers 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,itsown-employees as required by
Oregon Revised Statutes.
9. Pre-Incident Plans
The parties may,develop,pre-incident plans for the type an&locations of problem areas
where emergency assistance may be needed,.the types of personnel and equipment to be
dispatched,and the training:to.be conducted-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.. Itis 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,"Responder'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 of
Maintenance shall maintain the master copy of this Agreement,
including a list of all,those governmental entities that have executed
this Cooperative Assistance Agreement. ODOT,will make.the list of
participants available to any entity that has signed'the Agreement-.
Whenever an entity executes;the agreement, ODOT shall notify all
others who have executed the Agreement of the new participant.
Except as specifically provided in this paragraph, ODOT has no
obligations to give notice nor does it have any other or additional
obligationsthan any other party.
C. This Agreement shall be effective upon approval by two or more
parties and shall remain in effect as to a specific party for five years
after the date that party executes this Agreement unless sooner
terminated as provided in this paragraph. Any party may terminate
its participation in this Agreement prior to expiration as follows:
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.
11. 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.
12. Parties to This Agreement
Participants in this Agreement are indicated on the following pages, one party per
page.
5
IN WITNESS WHEREOF,the parties hereto have caused this Agreement for Public
Works Cooperative Assistance to be executed by duly,authorized representatives as of
'the date of their signatures.
STATE OF OREGON
DEPARTMENT OF TRANSPORTATION
OZ/d-r
Lucinda Moore Date
Maintenance Engineer
IN WITNESS WHEREOF,the parties hereto have caused this Agreement for Public
Works Cooperative Assistance to be executed by duly authorized representatives as of the
date of their signatures.
d 17X aF 7AK, l;eb
Agency
C7 Te,cf (' aat/
County, Oregon
Authorized Representative
Date
Designated Primary Contact:
Office: Contact: Phone Number:
Emergency 24 Hour Phone Number: Fax Number:
5Z53rZ2B--33271i�40eamG ✓-5638V- Y6
E-mail address (if available):
A44,00
7
C : i"Iii kms. Luer-k__
n
regon Department of Transportation
z Office of Maintenance
Theodore ongos
R.Kulki,Govemor 800 Airport Road SE
e 'e Salem,Oregon 97301-4798
August 21,2006 (503)986-3000
FAX(503)986-3032
City of Tigard
Public Works,Dennis Koellermeier
13125 SW Hall Blvd.
City of Tigard, OR 97223 File Code:
Dear Mr.Koellermeier:
The Oregon Public Works Emergency Response Cooperative Assistance Agreement is up for
renewal. As stated on Page 5,the Agreement shall remain in effect for five years after the date a
party executes the Agreement. Your agency's commitment to the agreement expires 11/14/06.
The mutual aid agreement:
• Enables public works agencies to support each other during an emergency.
• Provides the mechanism for immediate response to the Requesting Agency when the
Responding Agency determines it can provide the needed resources and expertise.
• Sets up the documentation needed to seek maximum reimbursement possible from federal
agencies.
Public works agencies in Oregon may sign the agreement or cancel their participation as they
wish.The Oregon Department of Transportation(ODOT)maintains the list of all parties to the
agreement and sends an updated list to all agencies whenever an agency is added to or removed
from the list.Any agency may cancel its participation by giving written notice. The list of
current members and guidelines on the ODOT Office of Maintenance web page at
http://www.odot.state.or.us/erp/public works mutual aid.htm
To renew your agency's participation in the agreement, send the completed signature page to:
Rose Gentry
ODOT Office of Maintenance
800 Airport Road SE
Salem, OR 97301-4798
Fax: (503) 986-3032
If you have any questions about the agreement,please call Rose Gentry,ODOT Statewide
Emergency Operations Manager,at(503)986-3020.
Sincerely,
Luci Moore
State Maintenance Engineer
Form 734-2448(1-03) 1
10/19/2006 CITY OF TIGARD Page 1 of 1
2:19:36PM ' ImageFlow Lite Report- Legislative History (Detailed) UserlD: CAROL
oc. KeT. Coge Doc. a e em inet. Action Voile Briet Descnption Ret.Code
Cont. Date Exp. Date Name Referred to File Reference# Security Class
Abstract Keywords
09/01/2011 GREER GASTON
_._
OREGON
PUBLIC WORKS
EMERGENCY RESPONSE
MUTUAL AID AGREEMENT
COOPERATIVE ASSISTANCE AGREEMENT
DEPARTMENT OF TRANSPORTATION
ODOT
STATE OF OREGON
CITY OF TIGARD
Total Items Printed: 1
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 related
systems during routine and emergency conditions; and
WHEREAS, 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;
WHEREAS, in the event of a major emergency or disaster as defined in ORS 40
1.025 (4),the parties who have executed this Agreement may need assistance to provide
supplemental personnel,equipmentor 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 to 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
resources;and
WHEREAS, ORS Chapter 190 provides for intergovernmental agreements and
the apportionment among the parties of the responsibility for providing funds to pay for
expenses incurred in the performance of the agreed upon functions or activities;
NOW THEREFORE, the parties agree as follows:
1
M
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
to respond to the request.
B. Determine what availablepersonnel and equipment should be dispatched
and/or what material should be supplied.
C. Dispatch available and appropriate personnel and 1equipment 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: Itis understood that the integrity of dedicated fimds needs to be protected.
Therefore, agencies funded with road,funds are limited to:providing services fouroad
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 andl equipment,of,the Responder;shall be.
under the immediate'controlbf a.supervisor ofthe`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.
2
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. iabor, 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. Without prejudice to a Responder's right to indemnification under Section
TA. herein,compensation for damages to equipment occurring during 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, wbichever 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,Requestor will
have the right of subrogation for all claims against parties other
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 bill`s 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 Responder
provides personnel,.equipment,or material under the terms of this Agreement. A
Responder's act of withdrawing personnel,equipment, or material provided is not
considered a party's activity under this Agreement for purposes of this provision.
To the extent permitted by Article XI of the Oregon Constitution and by the Oregon Tort
Claims Act;each party shall indemnify,within the limits of the,Tort Claims Act,the
other parties against liability for damage to life or property arising from the indemnifying
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 of
employees or agents of that other party.
8. Workers,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
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
uispatchedanal`che training`o be conduti,ced to ensure ecierit opccations Such plans
shall take into consideration the proper protection by the Responder of its own
geographical:`area.-
10i- . '
rea:10:- . ' The Agreement
A. It is understood that allparties may not execute this Agreement at
the same,time: It is the intention of the parties thatany
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"Requester" or"Responder'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 of
Maintenance shall maintain the master copy of this Agreement,
including a list of all those governmental entities that have executed
this Cooperative Assistance Agreement. ODOT will make the list of
participants available to any entity-that has signed the Agreement.
Whenever an entity executes the agreement, ODOT shall notify all
others who have executed the Agreement of the new participant.
Except as specifically provided in this paragraph, ODOT has no
obligations to give notice nordoes it have any other or additional
obligations than any other party.
C. This Agreement shall be effective upon approval by two or more
parties and shall remain in effect as to a specific party for five years
after the date that party executes this Agreement unless sooner
terminated as provided in this paragraph. Any party may terminate
its participation in this Agreement prior to expiration as follows:
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.
11. Non-exclusive
This Agmement is nok-intorided tore exclusive among the parties: -arty 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 party per
page.
5
IN WITNESS -EREOF. the parties hereto have cause-this Agreement for Public
Works Cooperative Assistance to be executed by duly authorized representatives
date of their signatures, as of the
STATE OF OREGON
DEPARTMENT OF TRANSPORTATION
t
—I-9DougT
da Date. .
Maintenance Engineer
IN WITNESS WHEREOF,the parties hereto have caused this Agreement for Public
Works Cooperative Assistance to be executed by duly authorized representatives as of the
date of their signatures.
a F 7�•���
Agency
y, !ylrAvpr_
t. WPrw�,
Authorized Representative
Date
Designated Primary Contact:
Office: Contact: Phone Number:
U fan.ks 7/
Emergency 24 Hour Phone Number:
ANswc°2i�c Se�oic-e • X5'03 -�Z�-332?
7
Oregon Department of Transportatio-
AILIC WORKS AGREEMENT PAS SES
1 City of Baker
Baker County
Primary Contact: Public Works Dick Flemming 541-524-2033
Emergency 24 Hour#: 541-524-9935
2 City of Huntington
Baker County
Primary Contact: City Hall Joe Wrabek 541-869-2202 '
Emergency 24 Hour#: 541-869-2266.
3 City of Corvallis
Benton County
Primary Contact: Public Works Steve Rogers 541-766-6916
Emergency 24 Hour#: 541.766-6911
4 City of Monroe
Benton County
Primary Contact: City Hall Floyd Billings 541-847-5175
Emergency 24 Hour#: 541-847-5614
5 City of Gladstone
Clackamas County
Primary Contact: Fire Dept. Fire Chief 503-656-4253
Emergency 24 Hour#: 503-656-4253
6 City of Milwaukee
Clackamas County
Primary Contact: Public Works Mike Clark 503-786-7617
Emergency 24 Hour#: 503-786-7500
7 City of Molalla,
Clackamas County
Primary.Contact: Public Works Dean Madison 503-829-6855
Emergency 24 Hour#: 503-829-6855
8 City of Astoria
Clatsop County
Primary Contact: Public Works Mitch Mitchum 503-325-5821
Emergency 24 Hour#: 503-325-4411
11/23/01 1
Oregon Department of Transportatic
1, _BLIC WORKS AGREEMENT PAI._tES
9 City of Seaside
Clatsop County
Primary Contact: Public Works Chris Davies 503-738-5112
Emergency 24 Hour#: 503-338-1468
10 City of St. Helens
Columbia,County
Primary Contact: Public Works Neal Sheppeard 503-397-3532
Emergency 24 Hour#: 503-397-1521 .
11 City of Vernonia
Columbia County
Primary Contact:-Public Works Robyn L.Bassett 503-429-6921
Emergency 24 Hour#: 503-429-3601
12 Columbia County
Columbia County
Primary Contact: Road Dept Public Works.Dave Hill'503-397-5090
Emergency 24 Hour#: 503-369-1735
13 Curry County
Curry County
Primary Contact: Road Dept. Dan Crumley 541-247-7097
Emergency 24 Hour#: 541-247-7011
14 Deschutes;County
Descliutes£ourty
Primary Contact: Director Tom Blust 541-388-65811
Emergency 24 Hour#: Local 9-1-1
15 City of Reedsport
Douglas County
Primary Contact:.Public Works Dan Welch 54'1-271-3603
Emergency 24 Hour#: 541-271-2100
11/23/01 2
Oregon Department of Transportatio-
i 3LIC WORKS AGREEMENT PAI SES
16 City of Cascade Locks
Hood River County
Primary Contact: Public Works Richard McCulley 541-374-8484
Emergency 24 Hour#: 541-573-5998
17 City of Central Point '
Jackson County
Primary Contact: Public Works Lee Brennan 541-664-3321 ext-225
Emergency 24 Hour#: 541-573-5999
18 City of Rogue River
Jackson County
Primary Contact:Public Works Mark Reagles 541-582-4401
Emergency 24 Hour#: 541-573-6000
19 City of Cave Junction
Josephine County
Primary Contact:.Public Works Timothy M. Stetz 541-592=2156
Emergency 24 Hour#: '541-573-6001
20 City of Klamath Falls
Klamath County
Primary Contact: Street Dept. Steve Seratt 541-883-5385
Emergency 24 Hour#: 541-573-6002
21 Klamath County
Klamath County
Primary Contact: Public Works Stan Strickland 541-883-4696
Emergency 24 Hour#: 541-573-6003
22 City of Lakeview
Lake County
Primary Contact: Public Works Ron Wilkie 54.1-947-2371
Emergency 24 Hour#: 541-573-6004
11/23/01 3
Oregon Department of Transportatio,
P.,ALIC WORKS AGREEMENT PAR_.ES
23 City of Eugene
Lane County
Primary Contact: Public Works Jeff Lanksion 541-682-4800
Emergency 24 Hour#: 541-573-6005
24 City,of Springfield
Lame County
Primary Contact: Public Works Dan Brown 541-726-3655
Emergency 24 Hour#: 541-573-6006
25 City of Veneta
Lane County
Primary Contact: City Administrator Jan Wellmah-541-935-2191
Emergency 24 Hour#: 541-573-6007
26 City of Lincoln City
Lincoln County
Primary Contact: Public Works Lila Bradley 541-996-2154
Emergency 24 Hour#: '541-573-6008
27 City of Sweet Home
Linn County
Primary Contact: Public Works Michael Adams 541-367-6977
Emergency 24 Hour#: 541-573-6009
28 `City of Siletz
Lincoln County
Primary Contact: Public Works Allen.Middaugh 541-444-2521
.Emergency 24 Hour#: 541-573-6010
29 City of Vale
Malheur County
Primary Contact: Public Works Keith Meacham 541-473-3133
Emergency 24 Hour#: 541-573-6011
11/23/01 4
Oregon Department of Transportati
ELIC WORKS AGREEMENT PAbES
30 City of Hubbard
Marion County -
Primary Contact: Public Works Jaime Estrada 503-982-9429'
Emergency 24 Hour#: 54:1-573-6012
31 City of Idanha
Marion/Linn County
Primary Contact: City Recorder Rosemary Wilson 503-854-3313
Emergency 24 Hour#: 541-573-6013
32 City of Turner
Marion County
Primary Contact: City Administrator Chuck Spies 503-743-2155
Emergency 24 Hour#: 541-573-6014
33 City ofIrrigon
Morrow County
Primary Contact: Public Works Keith White 541-922-3047
Emergency 24 Hour#: 541-948-6389 cell or 541-922-2449 home
34 Multnomah County
Multnomah County
Primary Contact: Transportation Div. Don Hauskins 503-248-5050
Emergency 24 Hour#: 541-573-6016
35 City of Bay City
Tillamook County
Primary Contact: Superintendent John Law 503-377-4121
Emergency 24 Hour#: 541-5.73-6017.
11/23/01 5
Oregon Department of Transportation
PUBLIC WORKS AGREEMENT PAR.tES
36 City of Manzanita
Tillamook County
Primary Contact: Public Work's John Handler 503-368-5347
Emergency 24 Hour#:. :541-573-6018
37 City-of Milton-Freewater
Umatilla County
Primary Contact: Public Works Howard Moss 541-938-5531 ext-141
Emergency 24 Hour#: 541-573-6019
38 Cit of Weston
o,.g ne 24 uo-u;A- 541-573-6 9
39 Union County
Union County
Primary Contact: Director Richard Comstock 541-963-1016
Emergency 24 Hour#: 541-573-6021
40 Wasco County,
Wasco'County
Primary contact: Public��Vork:,Dan Boldt 5''.•1.296-;?214
Emergency 24 Hour#: 541-573-6022
41 City of Sherwood
Washington County.
Primary Contact:Public Work&L'Lee D. el 5.03-625-5722
Emergency 24 Hour*: 541-573-6023
11/23/01 6
Oregon Department of Transportatic►-
3LIC WORKS AGREEMENT PAI , ,.ES
42 Yamhill County
Yamhill County
Primary Contact: Public Works Susan Mundy 503-434-7515
Emergency'24.Hour#:, 541-573-6024
43 Marion County
Marion County
Primary Contact: Public Works Bruce Visser 503-588-5304
Emergency 24 Hour#: 541-5.73-6025
44 City of Nyssa
Malheur County
Primary Contact: Public Works Bill Ewing 541-372-2264
Emergency 24 Hour#: 541-573-6026
45 City of Jordan Valley
Calheur County
Primary Contact: City Hall Con Warn 541-586-2460
Emergency 24 Hour#: 541-573-6027
46 City of Hines
Harney County
Primary Contact: Paula L. Mather 541-573-2251
Emergency 24 Hour#: 541-573-6028
47 Gilliam County
Gilliam County
Primary Contact: Road Dept. Kewey Kennedy 541-384-3998
Emergency 24 Hour#: 541-980-5716
11/23/01 7
Oregon Department of Transportatio•
P,.tLIC WORKS AGREEMENT, PAR__ES
48 City of North Plains
Washington County
Primary Contact: Public Works Blake Boyles 503-647-5555
Emergency 24 Hour#: 503-940-5594
49 City of Maupin
Wasco County
Primary Contact: Public Works Mike Miles 541-395-2698
Emergency 24 Hour#: 541-395-2500
50 City of Independence
Polk County
Primary Contact: Public Works Eddie Gifford 503-838-4781
Emergency 24 Hour#: 503-838-1214
51 City of Gold Hill
Jackson County
Primary Contact: Public Works Royal Gasso 541-608-3266
Emergency 24 Hour#: 541-855-7144
52 City of Donald
Marion County
Primary Contact: Public Works Thomas McWhirt.503-678-1411
Efergercy?4 Ho:.�x#: 50368-2787.
53 Douglas County
Douglas.County
Primary Contact: Public.Works Jim Alberding 541-440-4268
Emergency 24:'Hour#.: 541-4404471
11/23101' '8
Oregon Department of Transportatio-
BLIC WORKS AGREEMENT PAI, AES
54 City of Cannon Beach
Clatsop County
Primary Contact:.Public Works.Joy E. Gannon 503-43.6-2045
Emergency 24 Hour# 5.03-436-1581 or 503-739-2892
55 City of Phoenix
Jackson County
Primary Contact: Public Works Jim Wear 541-535-2226 54.1-535-4587 cell
541-944-3284
Emergency 24 Hour#: 541-770-7547
56 City of Oakridge
Lane County
Primary Contact: Administrator Jay D. Bennett 541-782-2258
Emergency 24 Hour#: 541-782-2340 -
57 City of Hillsboro
Washington County
Primary'Contact: Public Works Dan Kearn 503-615-6565
Emergency 24 Hour#: 503-241-3260
58 City of Joseph
Wallowa County
Primary Contact: Public Works Keith Waters 541-432-.3832
Emergency 24 Hour#: 541-426-3131
59 City of Medford
Jackson County
Primary Contact: Public Works Wayne Page 541-774-2600 or 541-774-2601
Emergency 24 Hour#: 541-774-2600 or 541-770-4783
11/23/01 9
Oregon:Department of Transportatior
P%,6LIC WORKS AGREEMENT PAR.-.ES
60 City of Nehalem
Tillamook County
Primary Contact: City Managers-Office Michael Nitzsche 503-368-5627
Emergency 24 Hour#: 503-368=5155
61 City-of Yachats
Lincoln County
Primary-Contact: Yachats City Hall John`McClintock.541,-547-3565
Emergency 24 Hour#: 541-547-3565
62 City of Yamhill
Yamhill County
Primary Contact: Public Works Dale Roark 503-662-4344 home 503-852-6555
Emergency 24 Hour#: 503-434-6500
63 City of John Day
Grant County
Primary Contact: City Hall Peggy Carey 541-575-0028
Emergency 24 Hour#: 541-575-0030
64 City of Haines
Baker:County
Primary Contact:City Hall Rena Morrow 541-856-3366
Emergen y?4 Hour#: 541-8`:6-3366;.
65 City of McMinnville
Yamhill'County
Primary.Contact: Public Works Don Jacoby 503=434-7316.
Emergency'24 Hour#: 503-434-7316
11/23/01 10
Oregon Department of Transportatio►-
1 . JLIC.WORKS AGREEMENT PAK-XS
66 Clackamas County
Clackamas County
Primary Contact: Trans. Maint. Division Duane Kobs 503-650-3467
Emergency 24 Hour#: 503-940-0077 or 503-969-2658
67 City of Condon
Gilliam County
Primary Contact: City Hall Bonnie Parker 541-384-2711
Emergency 24 Hour#: 541.384-2711
68 City of Johnson City
Clackamas County
Primary Contact: Records Office Naoma Lee 503-655-9710
Emergency 24 Hour#: 503-655-6266
69 City of Tigard
Washington County
Primary Contact: Public Works Dennis Koellermeian 503-639-4171 ext. 395
Emergency 24 Hour#: 503-228-332
70 City of Adams
Umatilla County
Primary Contact: Mayor Mark Yoones 541-566-9186
Emergency 24 Hour#: 541-566-918-6
. 11/23/01 11
i
i
y� ®yy Department of Transportation
a g 11 Office of Maintenance
800 Airport Road SE
John A.Kitzhaber,M.D.,Governor Salem,OR 97301-4798
(503)986-3000
FAX(503)986-3032
DATE: October 19, 2001 FILE CODE:
TO: Distribution
FROM: Doug Tindall, P.E.
State Maintenance Engineer
SUBJECT: Oregon Public Works Emergency Response Mutual Aid Agreement
Enclosed for your agency's consideration and adoption is a copy of the Oregon Public
Works Emergency Response Cooperative Assistance Agreement. More than 40 agencies
signed the agreement since it was first offered to local public works agencies in July
1998.
The Oregon Department of Transportation(ODOT)initiated the agreement based on
advice from the ODOT Local Officials Advisory Committee. The Oregon Department of
Justice reviewed the agreement.
The mutual aid agreement:
o Enables public works agencies to support each other during an emergency.
® Provides the mechanism for immediate response to the Requesting Agency when the
Responding Agency determines it can provide the needed resources and expertise.
o Sets up the documentation needed to seek maximum reimbursement possible from
federal agencies.
rub. vvuiks ugeiicie:i,n Giegori may sign ilC agremnent u:cancei�cineir panicipation as
they wish. ODOT maintains the list of all parties to the agreement and sends an updated
list to all agencies whenever an agency is added to or removed from the list. Any agency
may cancel its participation by giving written notice. A list of current parties to the
agreement is enclosed. Guidelines for using the agreement also are enclosed.
To become a party to the agreement, send the completed signature page to:
Rose Gentry
ODOT Office of Maintenance
800 Airport Road SE
Salem;OR 97301-4798
Fax: (503) 986-3032
If you have any questions about the agreement, please call Rose Gentry, ODOT
Emergency Response Planner, at(503) 986-3.020.
Form 734-2448(6-99) Y✓fi