HomeMy WebLinkAbout5.800 Original ContractJanuary 11, 2011
Dan McKeen, Fire Chief
City of Port Angeles
321 East 5 Street
Port Angeles, WA 98362
Dear Mr. McKeen:
Sincerely,
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Peggy Skinner
Administrative Support
Mitigation, Recovery, Programs
STATE OF WASHINGTON
MILITARY DEPARTMENT
EMERGENCY MANAGEMENT DIVISION
MS: TA -20 Building 20 Camp Murray, Washington 98430 -5122
Phone: (253)512 -7000 FAX: (253) 512 -7205
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Enclosed you will find a signed copy of Amendment A for contract #E07 -072 for your records.
If you have any questions your contact for this amendment is Dave Nelson who can be reached
at 253.512.7075.
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1. CONTRACTOR NAME /ADDRESS:
City of Port Angeles
321 East 5 Street
Port Angeles, WA 98362
4. CONTRACTOR CONTACT PERSON, NAME/TITLE: 5. EMD STAFF CONTACT, NAME/TELEPHONE:
Dan McKeen, Fire Chief John Schelling, Earthquake Program Manager
dmckeenc !citvofoa.us; (360) 417 -4651 i.schellina0emd.wa.aov; (253) 512 -7084
6. TIN or SSN: 7. CATALOG OF FEDERAL DOMESTIC 8 FUNDING SOURCE NAME /AGREEMENT
91 6001356 ASST. (CFDA) 11.467 MHMN NAO9NWS467008
9. FUNDING AUTHORITY:
Washington State MIlitary Department (Department) and the National Oceanic and Atmospheric Administration
(NOAA)
10. DESCRIPTION /JUSTIFICATION OF AMENDMENT:
The purpose of this agreement is to provide City of Port Angeles' authorization to the Washington Military
Department Emergency Management Division (EMD) for the activation and broadcast of emergency warning
messages through the All Hazards Alert Broadcast (AHAB) system.
The activation of a warning message by EMD supports one of the 2005 tsunami goals of the Governor in that one
message will be used by all jurisdictions and tribes In the event a tsunami warning message Is issued for the
Washington coast via the Alaska Tsunami Warning Center. EMD activates the AHAB sirens on even numbered
months and the jurisdictions activate on odd numbered months so it would be known if the equipment worked.
After of period of five (5) years this agreement needs to be extended so activation testing can continue.
11. AMENDMENT TERMS AND CONDITIONS:
1. Change the contract expiration date from September 30, 2010 to September 30, 2020.
2 There are no funds provided to this agreement.
This Amendment is incorporated in and made a part of the contract. Except as amended herein, all other terms and
conditions of the contract remain in full force and effect. Any reference in the original contract or an Amendment to the
"contract" shall mean "contract as amended". The Department and Contractor acknowledge and accept the terms of this
Amendment as identified above, effective on the final date of execution below. By signing this Amendment, the
signatories warrant they have the authority to execute this Amendment.
IN WITNESS WHEREOF, the parties have executed this Amendment.
FOR THE DEPARTMENT:
Jhes M. Mulien, Director Date
Emergency Management Division
Washington Military Department
APPROVED AS TO FORM:
Brian E. Buchholz (signature on file) 3/12/2010
Assistant Attorney General
Form Date: 10127100
Washington State Military Department
AMENDMENT
2. CONTRACT NUMBER 3. AMENDMENT NUMBER:
IA E07 -072 A
FOR THE CONTRACTOR:
an Di Guilio, Mayor Date
For
City of Port Angeles
~.
5.800
Agreement # E07 -072
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July 19, 2006
INTERAGENCY AGREEMENT
All Hazards Alert Broadcast (AHAB) Warning System for the City of Port Angeles
Washington State Military Department AND City of Port Angeles
Camp Murray, Building #20, M.S. TA-20 321 East 5th Street
Tacoma, WA 98430-5122 Port Angeles, WA 98362
(253) 512-7067 FAX: (253) 512-7207 (360) 417-4655 FAX: (360)
Contact: George Crawford Contact: Dan McKeen
Maximum Amount: $0 Beginning Date: July 26,2006 Expiration Date: September 30,2010
INTRODUCTION: The Washington State Military Department, Emergency Management Division (EMD),
through the Earthquake Program provides public awareness and education in regards to preparing for and
surviving a natural or man-made disaster event. The Earthquake Program, through the availability of $47,100
federal funds will purchase and install an All Hazards Alert Broadcast (AHAB) Warning System that provides
both tone and voice alert and notification devices for any hazardous situation. This system will be placed in the
City of Port Angeles. Federal Signal is the sole source vendor that has designed and developed the All
Hazards Alert Broadcast (AHAB) Warning System. This state-of-the-art outdoor warning system will be the
first phase to a system that will notify those within hearing distance of the sirens of a natural or man-made
disaster. The total price of the system, with tax, is $47,100 to be paid to Federal Signal. Funding Source: #50-
AB-NR-200051 PI#73318. The City of Port Angeles hereinafter is referred to as the Contractor.
The Contractor Agrees To:
1) Coordinate the installation of the All Hazards Alert Broadcast (AHAB) Warning System at the following
location:
. LAT: N48.14268 LONG: W123.92833
Note: the lat/long may change to accommodate power access or path interference.
2) Upon satisfactorily installation, assume responsibility fur physical security of the siren, for coordination
of the restoration of electrical power to the siren, routine testing of the siren via local radio network and
provided controller, prompt reporting of any routine testing problems to EMD, and weed control within a
10 foot radius of the siren (if applicable).
3) Agrees that the dual control siren will be activated by either the state or the contractor. The contractor
agrees to use the siren for only routine testing and real emergency incidents. The contractor activates
the siren with their local radio system and controller.
The Military Department Agrees To:
1) Purchase the system from Federal Signal for $47,100, and within 30 days of the satisfactory installation
of the above referenced warning system pay Federal Signal.
2) Routinely test the siren with the satellite control system, automatically monitor alarms, silent test the
sirens twice daily, immediately report any intrusions to the Contractors Primary Law Enforcement
agency, troubleshoot and repair any siren malfunctions as rapidly as possible.
3) Outages or malfunctions observed on the siren will be reported to the contractor as observed. EMD's
Telecommunications section will schedule trained and certified siren technicians to troubleshoot and to
effect repairs. Contractor will be kept informed of all actions taken to repair. Logs will be maintained on
WebEOC for both EMD use and Contractor viewing. EMD agrees to stock and maintain the standard
repair components as suggested by the manufacturer to expedite repairs.
All Hazards Alert Broadcast (AHAB)
Citv of Port Anoeles :1rA:1
Page 1 of 4
City of Port Angeles
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4) EMD agrees to maintain and fund the satellite access contracts with appropriate satellite providers.
This Statement of Work and the General Terms located on page 3 govern the rights and obligations of the
parties to this contract. In the event of any ambiguity, this agreement will follow and abide by the standard
terms, conditions and assurances as indicated by the funding source identified above.
IN WITNESS THEREOF, the parties hereto have executed this a reement on the day and year last specified
below.
.1 #t;~
ames M. Mullen, Director
Emergency Management Division
Washington State Military Department
All Hazards Alert Broadcast (AHAB)
Citv of Port Anaeles area
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Date
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TIN# 91-6001266
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City of Port Angeles
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8)
Agreement # E07-072
1)
GENERAL TERMS
ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist
or to bind any of the parties hereto.
INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement shall
continue to be employees or agents of that party and shall not be considered for any purpose to be
employees or agents of the other party.
ADVANCE PAYMENTS PROHIBITED: No payments in advance or in anticipation of services or
supplies to be provided under this contract shall be made by the Department.
CHANGES AND MODIFICATIONS: Any such changes that are mutually agreed upon by the parties to
this contract or grant shall be incorporated herein by written amendment to this agreement. Any oral
understanding or agreements not Incorporated herein, shall not be binding.
RECORDS MAINTENANCE
The parties to this Agreement shall each maintain books, records, documents and other evidence which
sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of
the service(s) described herein. These records shall be subject to inspection, review or audit by personnel
of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal
officials so authorized by law. All books, records, documents, and other material relevant to this
Agreement will be retained for six years after expiration and the Office of the State Auditor, federal
auditors, and any persons duly authorized by the parties shall have full access and the right to examine
any of these materials during this period.
Records and other documents, in any medium, furnished by one party to this agreement to the other party,
will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not
disclose or make available this material to any third parties without first giving notice to the furnishing party
and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures
and protections to assure that records and documents provided by the other party are not erroneously
disclosed to third parties.
DISPUTES -- Except as otherwise provided in this contract, when a bona fide dispute arises between
the parties and it cannot be resolved through discussion and negotiation, either party may request a
dispute hearing. The parties shall select a dispute resolution team to resolve the dispute. The team
shall consist of a representative appointed by the Department, a representative appointed by the
Contractor, and a third party mutually agreed upon by both parties. The team shall attempt, by majority
vote, to resolve the dispute. The parties agree that this dispute process shall precede any action in a
judicial or quasi-judicial tribunal. As an alternative to this process, either of the parties may request
intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process
will control.
HOLD HARMLESS: The Contractor agrees to defend, hold harmless, and indemnify the State of
Washington and the Military Department, their officers, agents, employees, and assigns against any
and all damages or claims from damages resulting or allegedly resulting from the Contractor's
performance or activities hereunder.
GOVERNING LAW AND VENUE: This contract shall be construed and enforced in
accordance with, and the validity and performance hereof shall be governed by, the laws of the
State of Washington. In the event of a lawsuit involving this contract, venue shall be proper
only in Thurston County. The Contractor, by execution of this contract, acknowledges the
jurisdiction of the courts of Washington in this matter.
All Hazards Alert Broadcast (AHAB)
Citv of Port AnaeleFi 8re8
Page 3 of 4
City of Port Angeles
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9) TERMINA TIO!\!
a) If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its
obligations under this contract or if the Contractor shall violate any of its covenants,
agreements, or stipulations of this contract, the Department shall thereupon have the right to
terminate this contract and withhold the remaining allocation if such default or violation is not
corrected within thirty (30) days after submitting written notice to the Contractor describing such
default or violation.
b) Notwithstanding any provisions of this contract, either party may terminate this contract by
providing written notice of such termination, specifying the effective date thereof, at least thirty
(30) days prior to such date.
c) The Department may unilaterally terminate all or part of this contract, or may reduce its scope of
work and budget, if there is a reduction in funds by the source of those funds, and if such funds
are the basis for this contract.
d) Either party may terminate this Agreement upon 30 days' prior written notification to the other party.
If this Agreement is so terminated, the parties shall be liable only for performance rendered or
costs incurred in accordance with the terms of this Agreement prior to the effective date of
termination
10) LOSS OF FUNDING: In the event funding from state or federal sources is withdrawn, reduced, or
limited in any way after the effective date of the agreement, the Military Department may terminate the
agreement under the "Termination" clause.
11) ASSIGNMENT
The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or
delegable by either party in whole or in part, without the express prior written consent of the other party,
which consent shall not be unreasonably withheld.
12) WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this
Agreement unless stated to be such in a writing signed by an authorized representative of the party and
attached to the original Agreement.
13) SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect
without the invalid provision. if such remainder conforms to the requirements of applicable law and the
fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to
be severable.
All Hazards Alert Broadcast (AHAB)
City of Port Anaeles area
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City of Port Angeles
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