HomeMy WebLinkAbout00-014 - Resolutions RESOLUTION NO. FD 00-014
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, STATE
OF CALIFORNIA, AUTHORIZING AGREEMENT FOR FEDERAL
EXCESS PROPERTY IN ACCORDANCE WITH TITLE IV, RURAL
DEVELOPMENT ACT 1972 (PL 92-419)
WHEREAS, there is a need for Federal Excess Property to help fight wildland, rural,
structure or other fires in the County of San Bernardino; and,
WHEREAS, L. Dennis Michael is the Chief of the Rancho Cucamonga Fire District.
NOW,THEREFORE, be it resolved that the Board of Directors of the Rancho Cucamonga
Fire District accepts the agreement between the State of California,
Department of Forestry and the Rancho Cucamonga Fire District for the loan
of Federal Excess Property, and authorizes Fire Chief L. Dennis Michael to
sign agreement for the Board of Directors.
PASSED, APPROVED, AND ADOPTED this 6" day of September 2000.
AYES: Alexander, Biane, Curatalo, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J. Alex der, President
ATTEST:
Debra J. Adams, cretary
Resolution No. FD 00-014
Page 2 of 7
I, DEBRA I ADAMS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby
certify that the foregoing Resolution was duly passed, approved,and adopted by the
Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular
Meeting of said Board held on the 6`h day of September 2000.
Executed this 7'h day of September 2000, at Rancho Cucamonga, California.
J� a do�
De ra J. Adam ecretary
Resolution No. FD 00-014
Page 3 of 7
STATE OF OALZFORNZA
TheResources Agency
Department of Forestry a rare Protection
Acreement LS Federal Excess Prooarty
Agreement for Acquisition, Accountability, Use and disposal of
FEDERAL EXCESS PROPERTY Under the Rural Community Fire Protertion
Program of the Cooperative Forestry Assistance Act (CFAA) of 1976.
Between
The state of California
and
Rancho amonga Fire Protection District
THIS AGREEMENT POR FEDERAL, EXCESS PROPERTY, Made and entered Into
thio 6th day of September
,� by the between the State of.
California acting by and through the -Director of the Department of
Forestry, hereinafter called the "Stats" , and
Ramebo Fire Protection District
hereinafter called the "Local Agency" , covenants as follows:
A. WHEREAS, the State has boom approved as as agent of the
g.s. Forest Service for the purpose of administeriaq the
Cooperative Forestry Assistance Act of 1978 AFL 98-919) Rural.
Community Fire Protection Program hereinafter referred to as CFAA.
and
E. WHEREAS, the CFM bas made Federal Excess Property
available for use by the Local Agency in developing and Maintaining
equipment and used or useful in upgrading the fire protection
Capability of the Local Agency, and
1
Resolution No. FD 00-014
0, WMZAS, the Local Agency desires to Pope 4 of
particlpat• in
said GrAA. NOP1, T88REpoRS, it is mutually agreed that, effective
as the data shown above:
1. The State N411 loan to the Local Agency Federal Excess Property
described as:
1 F-4 4Rr A1ocFc O !. p .,,
��� E,.�wNE a ,�+1�!'TAA.i7aBBaB3ycc
under the following terms and conditions:
(a) All such Federal Excess property loaned will be for an
Indefinite period of t1me.
(b) The purpose of this loan or assignment 1s to provide FSOAra1
Excess Property to the Local Agency for the primary purpose
Of upgrading the firefighting capability or the Local Agency.
Use must be restricted to %bis purpose,
(c) OwnerOW *hall remain in the Federal Government. The Local
Agency say modify, improve, bu11d-up or repair property
acquired, The Local Agency will 'mark and continuously
maintain such marks, signs, decals or emblem on the property
eo as to both Identify and record it as property of the
sederal Government, For any vehicle/s which requires
or Is/are to be ilcenssd, the State will deliver to the Local
Agency documentation suitable for registration.
2
Resolution No. FD 00-014
Page 5 of 7
(d) The State and the Local Agency will maintain formal
accountability records for all Federel Sxo■es property
loaned to the Local Agency. Such property will be made
available at all times for a physical inventory which may
be made by Federal and/or state personnel.
(a) The Local Agps;cy shall be responsible for the proper care,
security' eaiatenancs end utilizatlon of this property ;a
assure its continued use as contemplated herein until such
time as the State issues a formal release from such
responsibility.
( f) When any property loaned or assigned to the Local Agenc7r
hereinunder is lost, worn out, no longer serviceable or no
longer needed, the local Callfornla Department of Forestry
Ranger Unit Readquartsrs office of the state at
00 .6 W � CA. 9aYaS
shall be contacted for property documentation sad handing.
2. 1n the event that all of or any one or more pieces of equipment
provided to the local mgeney hereunder is assigned, lost,
stolen, worn out, destroyed, damaged or otherwise rendered
useless or yagvailabls for its purposes intended harausder and
It is clearly established that such assignment or lose occurred
while or as a result of a use other than that stated in (b)
above, then the State shall have the right and the obllga.tion
to retake auctr egyipment and/or assess the Local Agency for
damages up to the value, established by the state for each
such piece of equipmamt, immediately prior to such assignment,
3
Resolution No. FD 00-014
loss, damage or destruction. Page b of
3• Ih the event of any disputs ever any equipaent loaned to the
Local Agency hereunder or any of the terms or conditions
eontained herein, the dispute will be decided by the State and
its decision shall be binding and final .
4• The parties hereto agree that the Local Agency, their officers,
employees, agents, servants, contractors, volunteers , paid call
firemen and others acting an behalf of the Local Agency performing
under the teras of this Agreement, are not acting as c M.csrs
or employees or agents of the State or of the Federal Government.
S. The Local Agency agrees to defend, indemnify, save and hold
harmisaa the state ae defined herein, end the Department of
Forestry, their officers, agents and employees against any and
all claims, demands , causes of action, or liability of any kind
whatsoever arising out of the acts of the Local Agency, its
agents or employees in the performance or any function provided
for under the terms of this Agreement.
e• The period of this Agreement in for a period of one year from
the date shown above. The agreement will be reviewed annually
by the Administrative Officer or Schedule A Coordinator and
automatically GZtended if no changes (e.g. signature authority)
or violations have occurred. Agreements may be terminated by
either party after giving notice 190 days in advance of such
tsrmination to the other party.
4
Resolution No. FD 00-014
Page 7 of 7
7. 6uring the term stated in (S) , above; this Agreement, -at the
option of the State, any be terminated by the State for any
material breach by Local Agency of any of the teras herein.
S. The Mailing address at the parties hereto, for all notieee,
PaYmsute, repayments or any other activity required or
contemplated under the terms of this Agreement except eventual
disposition at property as provided in No. 1 ( f) above, are:
Local Agency: Rancho Cucamonga Fire Prat ion Di + t
Phone: (909) 477-2770
Addrease P.O. Roz 807 Rancho Cucamonga CA 9172x`
State' State of California. Department of Vorestry, i418
9th Stre at, Sacramento, California 9b614.
e. This Agreement any be amended at any tine by mutual consent to
permit the addition or deletion of equipment.
IN UtTHBSS WnRzo8, the parties hereto have executed this
Agreement ae •cf the day and year first written above.
RCFPD STAT[ OF CALIFORNIA
Herein called Loeal Agency Department of forestry
By Sy
L. Dennis Michael attiei, Support "rVioee Date
Typed or printed neve
Fire Chief 9/7/00 Title/Data Ranger Unit Administrator Date
a
