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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, 9 J 0 47 A,12,:,,,.r-- 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 ID 0 vq. G e 4 o 4{ ,ill TS 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. S ao 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 f' 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 ~n7 _n7? 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 //-/7-0/ Date B TIN# 91-6001266 Page 2 of 4 - D I.tJ Date r O/.Q Date o -2:1 - .o~ Date City of Port Angeles F07 -on '" 2) 3) 4) 5) 6) 7) 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 Fn7 -nn 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 Page 4 of 4 City of Port Angeles Fn7 -n7?