2007/11/21 Council Agenda Packet

ATTACHMENT A DISTRIBUTION AGREEMENT This Agreement is entered.into by SNOHOMISH COUNTY, a political subdivision of the State of Washington (County) and City of Everett whose address is 2930 Wetmore Ave. Everett WA 98201. The County is undertaking certain activities related to the FFY 2004 State Homeland Security Grant Program (SHSGP) Grant contract 4E05-071 CFDA# 97.004-OJP. Equipment purchased under this program has been passed through the Washington State Military Department to the County. Under the terms and conditions of this grant, the County distributes specialized emergency response equipment to the Agency. The distribution of the equipment is subject to the following terms and conditions. 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 County disclaims all warranties for the delivered equipment. The County will provide all warranty repair information to Agency at the time of transfer. It is the responsibility of the Agency to contact the vendor for warranty claims should the equipment not perform as specified by the vendor. 3. The Agency is responsible for the exchange of equipment with like items for proper size, etc. The County will provide 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 D. If this equipment is lost, stolen or deemed unusable, the County will not replaced it. Equipment valued at $5,000 or more is subject to additional compliance requirements. These requirements include, but are not.limited to: a) detailed property records must be maintained; b) an inventory must be conducted by the Agency every two years on all federally purchased equipment valued at $5,000 or more; c) a control system to adequately maintain and safeguard the equipment must be established; and d) 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, attached hereto and incorporated herein. 5. The Agency shall hold harmless the U.S. Department of Homeland Security, the Washington State Military Department and the County, 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 is 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 County at the address listed below. 15 _f