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11- 025(a) <br /> Council Approval N/A <br /> DISTRIBUTION AGREEMENT <br /> This Document is entered into by PIERCE COUNTY (County) and City of Tukwila, <br /> (Agency), whose address is 6200 Southcenter Blvd, Tukwila, WA 98188. <br /> The County is undertaking certain activities related to the STATE AND LOCAL <br /> DOMESTIC PREPAREDNESS EQUIPMENT SUPPORT PROGRAM project as funded <br /> by the U.S. Department of Homeland Security (DHS) under Grant Award #2008 GE T8- <br /> 0038) (CFDA #97.067) (State Contract #E09 -123) (Department of Emergency <br /> Management (Department) Program #E551). The Department has been designated as <br /> the County's pass- through entity for these grants. Agency has been designated by the <br /> Department as a sub recipient. Under the terms and conditions of this grant, the <br /> Department distributed specialized emergency response equipment to the Agency. The <br /> distribution of the equipment is subject to the following terms and conditions. <br /> 1. The equipment delivered to Agency is as described in Attachment A. Additional <br /> equipment may be delivered to Agency during the course of the Grant, <br /> unilaterally amending Attachment A. This equipment shall be accounted for by <br /> written receipt and is subject to the terms and conditions of this agreement. Title <br /> to the equipment transfers upon delivery. <br /> 2. The equipment delivered to Agency is accepted "as is" by the Agency with the <br /> understanding that the Department disclaims all warranties for the delivered <br /> equipment. Should the equipment not perform as specified by the vendor, the <br /> Department will provide all warranty repair information to Agency. <br /> 3. Agency is responsible for the exchange of equipment with like items for proper <br /> size, etc. Department will provide all exchange information to the Agency. <br /> 4. Agency is responsible for the maintenance, training, storage, proper use and <br /> inventory of the equipment listed in Attachment A. If this equipment is lost, stolen <br /> or deemed unusable it will not be replaced. Equipment valued at $5,000 or more <br /> (or the Agency's capitalization threshold, if less than $5,000) have additional <br /> compliance requirements. These requirements include maintaining detailed <br /> property records, an inventory to be conducted by the Agency every two years on <br /> all federally purchased equipment valued at $5,000 or more (or the Agency's <br /> capitalization threshold, if less than $5,000), a control system to adequately <br /> maintain and safeguard the equipment must be established, and federal disposal <br /> requirements must be met. The Agency shall comply with the OMB Circular A- <br /> 102 and Common Rule, CFR 44 13.32 Equipment. <br /> 5. Agency shall defend and hold harmless the U.S. Department of Homeland <br /> Security, the Washington State Military Department, the Department, the County, <br /> its officers, employees and agents from any claims, costs, demands or damages <br /> that may result from the Agency's failure to ensure compliance with the <br /> o -.a b'' <br />