04-077 - King County Emergency Management - Equipment Grant

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Attachment D King County FFY02 DOJ Equipment Grant DISTRIBUTION AGREEMENT This Contract is entered into by King County represented by the Department of Executive Services, Office of Emergency Management and The City of Tukwila (Final Receiving Jurisdiction), whose address is 6200 Southcenter Boulevard Tukwila, Washington 98188 The Department is undertaking certain activities related to the STATE DOMESTIC PREPAREDNESS PROGRAM Project as funded by the U.S. Department of Justice under Grant Award Number 2002 -TE -CX -0131. Under the terms and conditions of Grant Award Number 2002 -TE -CX -0131, the Department will be distributing specialized emergency response equipment to the City of Tukwila. The distribution of the equipment is subject to the following terms and conditions. 1. The equipment delivered to the City of Tukwila is described in Attachment A. 2. The equipment delivered to the City of Tukwila is accepted "as is" by the City of Tukwila with the understanding that King County disclaims all warranties for the delivered equipment. Should the equipment not perform as specified by the vendor, King County will provide all warranty repair information to the City of Tukwila. 3. The City of Tukwila is responsible for the exchange of equipment with like items for proper size, etc. King County will provide all exchange information to the City of Tukwila. 4. The City of Tukwila is responsible for property accountability and all training related to the proper use, care and maintenance of the delivered equipment. 5. King County assumes no responsibility for the use, care or maintenance of the delivered equipment by the City of Tukwila. The City of Tukwila shall protect, defend, indemnify and save harmless King County, its officers, employees and agents from any and all costs, claims, judgments and /or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the City of Tukwila, its officers, employees, and /or agents. The City of Tukwila agrees that its obligations under this subparagraph extend to any claim, demand, and /or cause of action brought by or on behalf of any of its employees, or agents. For this purpose, the City of Tukwila, by mutual negotiation, hereby waives, as respects King County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event King County incurs attorney fees and /or costs in the defense of claims, for damages within the scope of this section, such fees and costs shall be recoverable from the City of Tukwila. In addition, King County shall be entitled to recover from the City of Tukwila, fees, and costs incurred to enforce the provisions of this section. Claims shall include, but not be limited to, assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or Page 1 of 2