2005/01/05 Council Agenda Packet

5 ATTACHMENT A DISTRIBUTION AGREEMENT This Contract is entered into by SNOHOMISH COUNTY DEPARTMENT OF EMERGENCY MANAGEMENT (DEM) and Everett Police Department (Agency) whose address is 3002 Wetmore Ave Everett, WA 98201. The DEM is undertaking certain activities related to the STATE AND LOCAL DOMESTIC PREPAREDNESS EQUIPMENT SUPPORT PROGRAM project as funded by the U.S. Department of Justice under Grant Awards E04.031 (CFDA# 16.007-OJP). Equipment purchased under this program has been passed through the Washington State Military Department to the Snohomish County Department of Emergency Management (DEM). The DEM has been designated as the County's pass-through entity for these grants. Under the terms and conditions of these grants, the DEM distributed specialized emergency response equipment to the Agency. The distribution of the equipment is subject to the following terms and conditions. 1. The equipment delivered to the Agency is as described in Attachment D. Title to the equipment transfers upon delivery. 2. The equipment delivered to Agency is accepted "as is" by the Agency with the understanding that the DEM disclaims all warranties for the delivered equipment. Should the equipment not perform as specified by the vendor, the DEM will provide all warranty repair information to Agency. 3. The Agency is responsible for the exchange of equipment with like items for proper size, etc. The DEM will provide all exchange information to the Agency. 4. The Agency is responsible for the maintenance, training, storage, proper use and inventory of the equipment listed in Attachment A. If this equipment is lost, stolen or deemed unusable it will not be replaced. Equipment valued at $5,000 or more have additional compliance requirements. These requirements include, but are not limited to, detailed property records must be maintained, an inventory must be conducted by the Agency every two years on all federally purchased equipment valued at $5,000 or more, a control system to adequately maintain and safeguard the equipment must be established, and federal disposal requirements must be met. To be consistent with Agency policy, lower limits (below $5,000) may be established. The Agency shall comply with the Department of Justice Post Award Requirements for Equipment (28 CFR 66.32). Attachment B, copy attached and incorporated herein. 5. The Agency shall hold harmless the U.S. Department of Justice, the Washington State Military Department, the DEM, its officers, employees and agents for any and all damages that may result from the acceptance of this equipment. 6. The Agency must report this equipment in accordance with OMB Circular A-87 and are subject to audit under OMB Circular A-133. If the Agency is required to have an audit in accordance with OMB Circular A-133 for the year the equipment is received, a copy of the audit report and the management letter shall be forwarded to the DEM at the address listed below.