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HomeMy WebLinkAbout10-037 - Resolutions RESOLUTION NO. FD 10-037 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING FIRE CHIEF TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY AND FIRE PROTECTION FOR THE LOAN OF FEDERAL EXCESS PERSONAL PROPERTY WHEREAS, there is a need for Federal Excess Personal Property to help fight wildland, rural, structure or other fires in the County of San Bernardino, and WHEREAS, the loan of certain Federal Excess Personal Property is accordance with Title IV, Rural Development Act (PL 92-419) is available for local agencies. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Rancho Cucamonga Fire Protection District that the Fire Chief 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 and Fire Protection, for the loan of Federal Excess Personal 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 PASSED, APPROVED, AND ADOPTED this 18th day of August 2010. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Donald J. Kurth, M-D., President ATTEST: a ice C. Reynolds, Secret ry I, JANICE C. REYNOLDS, 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 18`h day of August, 2010. Executed this 1 g`h day of August 2010 at Rancho Cucamonga, California. nice C. Reynolds, Secre ary Resolution No. FD 10-037 - Page 2 of 5 Agreement#: 993218 STATE OF CALIFORNIA THE RESOURCES AGENCY DEPARTMENT OF FORESTRY AND FIRE PROTECTION COOPERATIVE AGRFFMENf FOR THC LOAN OF FEDERAL EXCESS PERSONAL PROPERTY(FEPP) Under the United Stales Forest Service Cooperative Forestry Assistance Act(CFAA)of 1978 This agreement is entered into by and between I HF STATE 01-CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT This agreement for the LOAN of Federal Excess Personal Property(FEPP)through the US Forest Service (FS)made and entered into this I91H day ofAugt 4201Q by and between the State of California acting by and through the Director of the Department of Forestry and Fire Protection,hereinafter called the STATE, and the Rancho Cueamonen Fire Protection District hereinaflnr called the Local Fire Department (LFD),covenants as follows: A. W FIFREAS,the State has been approved as an agent of the ILS.Forest Service for the purpose of administering the Cooperative Forestry Assistance Act of 1978(PL95d 13) Rural Fire Protection Program,horeinafter referred to as CFAA,and B. WHEREAS,the control of timber,grass and wild land fires in,and adjacent to,submbam areas Is esscatial to an effective forest fire control program,mid C. WHEREAS the Local Fire Department is actively engaged in the prevention and suppression of all finis in and adjacent to suburban areas,and D. WHEREAS,rhe CFAA provides for the loan of FCPP available for use by the Local Fire Department to carry out this function if additional property is available,and E. WHEREAS,it has been determined to be advantageous to the STATE in the proper discharge of its responsibilities,to make certain FEPP available to the Local Fire Department. NOW,THEREFORE,it is mutually agreed that,effective as the date shown above: I. The STATE will LOAN to the Local Fire Department FF,PP described as: ITEM: SERIAI,#: PROPERTY# i. NO PROPERTY AT THIS TIME ' i _T OR ❑See Attachment A under the following tens and conditions: (Il Resolution No. FD 10-037 - Page 3 of 5. Agreement#: 993218 TERMS AND CONDITIONS A. FEPP primary use most be 90%for Cue. The Forest Service FEPP program is not intended for USAR,medical responses or hazardous material on a daily basis. B. All such FEPP loaned shall be for an indefinite period of time,unless cooperator is negligent of program regulations.The agreement may he terminated by either party after giving notice 180 days in advance of such termination to the other party. C. Ownership shall remain with the US Forest Service:DktV registered owner shall be the Local Fire Department and lien holder to all vehicles and rolling stock shall be registered is USDA Forest Service,PO Box 944246,Sacramento,Ca 94244-2460. D. The Local Fire Department shall complete a resolution of incorporation and proof of insurance in the form of an insurance policy or a self-insured statement on Board of Supervisors letterhead. Drivers shall lain the necessary equipment training and have a valid California operator license to operate the loaned vehicles. E. Ownership of all accessories,mols,light bars,sirens and equipmem which is added to the loaned property remains with the Local Fire Department and can be removed prior to return of the property to the State. F. The Local Fire Department shall paint all rolling stock in match the department equipment and apply the department logo. G. The Local Fire Depart mat shall identify the property with a Federal National Finance Center number and the Forest Service FEPP property rag,and continue to uphold the tag so as to bods identifv and trace it as Federal awned property. 14. The Local Fire Department shall be responsible for the proper care,maintenance,security and storage of the property. L FEPP cannot be sold,loaned,traded,cannibalized,modified Imnsferred or disposed in any manner without the State and Forest Service Property Management Officer(PMO'i approval. J. The State and the Local Fire Department shall maintain formal accountability records for all FEPP on loan to dee Laval Fire Deportment;such property shall be made available at all rimes for a physical inventory by State and US Forest Service personnel. When any FEPP that is loaned to the Local Fire Department hereinafter,is lost stolen.worn out,not needed or involved in an accident,the local California Deparcmentof Forestry and San Bernardino UnitlCoritract County located at: 3800 N.Sierra Way, San Betnardlno,CA 92405 shall be contacted for proper documentation and handling. 2. In the event that all of.or any one or more pieces of FEPP;provided to die Local Fire Department hereunder assigned,is lost,stolen,snld,damaged,destroyed or unavailable for to purposes intended hereunder,and is clearly established that such assignment or loss occurred while or as a result of a use other than stated in(a)under tents-and conditions above.then the State shall have the right and the obligation to retake such FEPP andlor assess die Local Fite Department for damages;if gross negligence is declared,up to the current market wine immediately prior to such assignment,loss or destruction.established by the US Forest Service,for each piece of FEPP. 3. In the event of any dispute over FEPP loaned equipment or any terns or conditions contained herein. the dispute shall be decided by the State and its decision shall be binding mid final. 4. The parties hereto agree that the Local Fire Depanment,their officers,employees,agent,servants- contractors, ervantscontractors,volunteers,paid firemcu and all others acting on behalf of the Local Fire Department, performing under the terms of this agreement,are not acting as officers.employees or agents of the State or the Federal Government, S. The local Fire Deparumnt agrccs to defend,indemnify,save and hold harmless the State as defused herein,and the Department of Forestry and Fire Protection,their officers,agents and employees against nm and all claims,demands,causes of action or liability of any kind whatsoever arising out of the act of the Local Fire Department,its agents or employees in the performance of any function provided for under the terms of this Agreement or the use of property furnished. (2) Resolution No. FD 10-037 Page`4 of 5 Agreement#: 993218 6. The period of this Agreement is for live(5)years from the date shown above.The Agreement shall be a reviewed biennially(everymo)xars)for changes by the CAL FIRE Administrative Officer of each unit and automatically extended ifno changes in signamrc authority or violations have occurred. Agreements may be terminated by either party after giving notice 180 days in advance ol'such termination to the other party. 7. During dae term stared above,this Agreement,at the option of tla,State,maybe terminated by the State for any material breach by the Local Fire Department for any terms herein. 8. The mailing address of the panics hereto,for all nmices,payments,repayments or any other activity required or contemplated under the terns of this agreement,except for eventual disposition ofpmperty in No I are: • LOCAL FIRE DEPARTMENT; Rancho Cucamonga Fre Protection District Street Address: 10500 Civic Center Drive Mailing Address: P.O.Box 807 City: Rancho Cucamonga Zip: 91730 Telephone: (909)477-2770 FAX: (909)477-2772 STATE OF CALIFORNIA-DEPARTMENT OF FORESTRY g FIRE PROTECTION PO BOX 944246 SACRAMENTO,CA 94244-2460 (9f6)928-2595X 101 9. This Agreement my be amended at any time by mutual consent to permit the addition or deletion of property. IN WiTfNESS WHEREOF,the parties hereto have executed Oris Agreement as of the day and year Orsi written above. LOCAL FIRE DEPARTMENT NAME OF FIRE DEPARTMEM': 1. RANCHO CUCAMONGA FIRE PROTECTION DISTRICT BY fdu1hnrcerf5'igra1.re): i DATE SIGNED: G PRIN nes)NAME AND"I 1'I LE.'OF PERSON SIGNINO: KIM W4 Flt&OMF STATE OF CALIFORNIA Department of Forestry and Fire Protection I B1'ICdL FIRE 61i4C6kf ar Gvrnacr Camry Fvr Clw)): DA77:SIGNED: BY tr,IL F79E Prprrq Maaupr): DATE SIGNED: REV August 28,2008 (31 Resolution No. FD 10-037 - Page 5 of 5