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HomeMy WebLinkAbout05-032 - Resolutions RESOLUTION NO. FD 05-032 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING FIRE CHIEF, PETER M. BRYAN, TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY, FOR THE LOAN OF FEDERAL EXCESS PROPERTY 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, the loan of certain Federal Excess Property in accordance with Title IV, Rural Development Act (PL 92-419) is available for local agencies. BE IT RESOLVED by the Board of Directors of the Rancho Cucamonga Fire Protection District that the Fire Chief, Peter M. Bryan, is hereby authorized on behalf of the Rancho Cucamonga Fire Protection District to enter into an agreement with the State of California, Department of Forestry, for the loan of Federal Excess Property in accordance with Title IV, Rural Development Act 1972 (PL 92-419). A copy of said Agreement is attached hereto and made a part hereof, and the said Fire Chief is hereby authorized to sign the Agreement for the Board of Directors, Rancho Cucamonga Fire Protection District. Please see the following page for formal adoption,certification and signatures Resolution No. FD 05-032 Page 2 of 5 PASSED, APPROVED, AND ADOPTED this 15th day of June 2005. AYES: Alexander, Gutierrez, Michael, Williams NOES: None ABSENT: Spagnolo ABSTAINED: None MI William r nder, President ATTEST: ebra J. a s, Secretary I, DEBRA J. 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 15th day of June, 2005. Executed this 16`h day of June 2005 at Rancho Cucamonga, California. zueex ebra J. Ad Secretary Resolution No. FD 05-032 Page 3 of 5 STATE OF CALIFORNIA ' The Resources Agency Department of Forestry&Fire Protection Agreement for Federal Excess Pronerty Agreement for Acquisition, Accountability, Use and disposal of FEDERAL EXCESS PROPERTY Under the Rural Community Fire Protection Program of the Cooperative Forestry Assistance Act(CFAA) of 1978. Between The State of California And The Rancho Cucamonga Fire District THIS AGREEMENT FOR FEDERAL EXCESS PROPERTY, made and entered into this 15th day of June, 2005, by the between the State of California acting by and through the Director of the Department of Forestry, hereinafter called the "State", and The Rancho Cucamonga Fire District hereinafter called the"Local Agency",covenants as follows: A. WHEREAS, the State has been approved as an agent of the U.S. Forest Service for the purpose of administering the Cooperative Forestry Assistance Act of 1978 (PL 95-313) Rural Community Fire Protection Program hereinafter referred to as CFAA,and B. WHEREAS, the CFAA has 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, anr. C. WHEREAS, the Local Agency desires to participate in said CFAA. NOW, THEREFORE,it is mutually agreed that, effective as the date shown above. 1. The State will loan to the Loca! Agency Federal Excess Property described as: 1 each 1985 GMC 7000 Model 61 4 x 4 Fire Engine VIN # IGDM7D2G8FV625526 under the following terms and conditions: (a) All such Federal Excess Property loaned will be for an indefinite period of time. (b) The purpose of this loan or assignment is to provide Federal Excess Property to the Local Agency for the primary purpose of upgrading the firefighting capability of the Local Agency. Use must be restricted to this purpose. I Resolution No. 05-032 Page 4 of 5 (c) Ownership shall remain in the Federal Government. The Local Agency may modify, improve, build-up or repair property acquired. The Local Agency will mark and continuously maintain such marks, signs, decals, or emblems on the properly so as to both identify and record it as property of the Federal Government. For any vehicle/s which requires or is/are to be licensed, the State will deliver to the Local Agency documentation suitable for registration. (d) The State and the Local Agency will maintain formal accountability records for all Federal Excess 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. (e) The local Agency shall be responsible for the proper care, security maintenance and utilization of this property to assure its continued use as contemplated herein until such time as the State issue a formal release from such responsibility. (f) When any property loaned or assigned to the Local Agency herein under is lost, wom out, no longer serviceable or no longer needed, the local California Department of Forestry Unit Headquarters office of the State at 3800 N Sierra Way, San Bernardino CA 92405 Shall be contacted for property documentation and handling. 2. In the event that all of or any one or more pieces of equipment provided to the local agency hereunder is assigned, lost, stolen, worn out, destroyed, damaged or otherwise rendered useless or unavailable for its purpose intended hereunder and it is clearly established that such assignment or loss 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 obligation to retake such equipment and/or assess the Local Agency for damages up the value, established by the State for each such piece of equipment, immediately prior to such assignment, loss damage or destruction 3. In the event of any dispute over any equipment loaned to the Local Agency hereunder or any of the terms or conditions contained 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, volunteer, paid call fireman and others acting on behalf of tyre Local Agency performing under the terns of this Agreement, are not acting as officers or employees or agents of the State or the Federal Government. 5. The Local Agency agrees to defend, indemnify, save and hold harnoess the State as defined herein, and 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 tine performance of any function provided for under the terms of this agreement. 2 Resolution No. FD 05-032 Page 5 of 5 6. The period of this Agreement is 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 extended if no changes (e.g. signature authority or violations have occurred). Agreement may be terminated by either party after giving notice of 180 days in advance of such termination to the other party. 7. During the term stated in (6), above; this Agreement, at the option of the State, may be terminated by the State for any materials breach by Local Agency of any of the terms herein. 8. The mailing address of the parties hereto, for all notices, payments, repayments or any other activity required or contemplated under the terms of this Agreement except eventual disposition of property as provided in No. 1 (1)above,are: Local Agency: Phones: Address: State: State of California, Department of Forestry, 1416 9`h Street, Sacramento, California 95814. 9. This Agreement may be amended at the time by mutual consent to permit the addition or deletion of equipment. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. Rancho Cucamonga Fire Protection District STATE OF CALIFORNIA Herein called Local agency Department of Forestry By By Chief,Support Service Date Peter M. Brvan Typed or printed name Fire Chief By Title/Date Unit Administrator Date 3