HomeMy WebLinkAbout06-087RESOLUTION AUTHORIZING APPLICATION FOR FEDERAL EXCESS
PROPERTY IN ACCORDANCE WITH TITLE IV, RURAL DEVELOPMENT ACT
1972 (P. 92-419} (FOR NON-INCORPORATED FIRE AGENCIES)
WHEREAS there is a need for Federal Excess property to help fight
wildland, rural, structural or other fires in the County of Butte; and
WHEREAS, the loan of certain federal Excess Property in accordance with
Title IV, Rural Development Act {PL 92-4'[9) is available far local agencies; and
NOW, THEREFORE BE IT RESOLVED, that Henri Brachais, Fire Chief for
Butte County, is hereby authorized on behalf of the County of Butte 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, Henri Brachais, is hereby authorized to sign the
Agreement on behalf of the County of Butte.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 13th
day of June 2006 by the following vote:
AYES: supervisors Connelly, Aolan, Houx, Yamaguchi and Chair Josiassen
NOES: None
ABSENT: None
NOT VOTING: None
Curt siassen, Chair
of Supervisors
ATTEST:
PAUL McINTOSH, Chief Administrative Officer
and Cler[c of the Board of Supervisors
eput
992'101
ssa~a~
Agreement Number
STATE OF CALIFORNIA
TIIE RESOURCES AGENCY
DEPARTMENT OF FORESTRY AND FIRE PROTECTION
COOPERATIVE AGREEMENT FOR THE LOAN OF
FEDERAL EXCESS PERSONAL PROPERTY (FEPP)
AND FEDERAL PURCHASING AUTHORITY {FEDSTRII')
Under the United States Forest Service Cooperative Forestry Assistance Act (CFAA) of 1978
This agreement is entered into by and between
THE STATE OF CALIFORNIA
DEPARTMENT OF FORESTRY AND FIRE PROTECTION
Butte Coup Fre De artment
This agreement for the LDAN of Federal Excess Personal Property (FEPP) through the US Forest Service
(FS} and purchasing authority of supplies and equipment through General Services Administration (GSA)
Federal Supply Program, made and entered into this day of , 20 ___ , 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 Bute Coun Fire anal Rescue Fire De arhnen
hereinafter caIled the Local Fire Department (LFD}, 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 (PL9S-313j
Rural Fire Protection Program, hereinafter referred to as CFAA, and
B. WHEREAS, the control of timber, grass and wild land fires in, and adjacent to, suburban
Areas is essential to an effective forest faire control program, and
C. WHEREAS the Local Fire Department is actively engaged in the prevention and
Suppression of ail fires in anal adjacent to suburban areas, and
D. WHEREAS, the CFAA provides for the loan of FEPP 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, and
F. WHEREAS, the CFAA provides federal purchasing authority for Local Fire Department
equipment and supplies through GSA, and
G. WHEREAS, the Local Fire Department 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 Local Fire Department FEPP described as:
SN#
SN#
[X] See attachment A
NFC#
NFC#
Or
Under the following terms and conditions:
992101
TERMS AND CONDITIONS
A. FEPP primary use must be 90% for fire. 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 far an indefinite period of time, unless cooperator is negligent
of program regulations. The agreement may be terminated by either party after giving notice
l 80 days in advance of such termination to the other party.
C. Ownership shall remain with the US Forest Service; DMV registered owner shall be the Local
Fire Department and lien holder to all vehicles and rolling stock shall be registered as 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 th the form of an insurance policy or aself-insured statement on Board of
Supervisors letterhead. Drivers shall take the necessary equipment training and have a valid
California operator license to operate the loaned vehicles.
E. Ownership of all accessories, tools, light bars, sirens and equipment 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 to match the department equipment
and apply the department logo.
G_ The Local Fire Department shall identify the property with a federal National Finance Center
number and the Forest Service FEPP property tag, and continue to uphold the tag so as to both
identify and trace it as federal owned property.
H. The Local )~ ire Department shall be responsible for the proper care, maintenance, security and
storage of the property.
1. FEPP cannot be sold, loaned, traded, cannibalized, modified, transferred or disposed in any
manner without the State and Forest Service Property Management Officer {PMO) approval.
J. The State and the Local Fire Department shall maintain formal accountability records for all
FEPP on loan to the Local Fire Department; such property shall be made available at aII times
for a physical inventory by Sta#e and US Forest Service personnel.
K. 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 Department o[ li orestry and
Fire Protection Unit located at '176 Nelson Avenue, Oroville CA. 95985 shall be
contacted for proper documentation and handling.
L. Al! purchasing under the federal GSA activity code {FEDSTRIP) roust be for fire department
use only. GSA purchase activity accounts are subject to federal reviews and audits_
2. Iu the event that all af, or any one or more piece of FEPP; provided to the Local Fire Department
hereunder assigned, is lost, stolen, sold, damaged, destroyed or unavailable for its 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 terms and conditions above, then the State shall have the right and the
obligation to retake such FEPP andlor assess the Local Fire Department for damages; if gross
negligence is declared, up to the current market value immediately prior to such assignment, loss ar
destruction, established by the US Forest Service, for each piece of FEPP.
3. In the event of any dispute over FEPP equipment loaned or purchases made from GSA or its
contractors, with the Local Fire Department hereunder, or any terms or conditions contained herein,
the dispute shall be decided by the State and its decision shall be binding and final.
4. The parties hereto agree that the Local Fire Department, their officers, employees, agents, servants,
contractors, volunteers, paid firemen 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.
2
992109
5. The Local Fire Department agrees to defend, indemnify, save and hold harmless the State as
defined herein, and the Department of Forestry and Fire Protection, 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 Fiure 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.
6. The period of this Agreement is for five (5) years from the date shown above. The Agreement
shall be reviewed biez-nially (every two years) for changes by the CDF Administrative Officer of
each unit and automatically extended if no changes in signature authority or violations have
occurred. Agreements may be terminated by either party after giving notice 180 days in advance
of such termination to the other party.
7. During the term stated above, this Agreement, at the option of the State, may be terminated by the
State for any material breach by the Local Fire Department for any 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 for eventual
disposition of property in No 1 are:
LOCAL FIRE DEPARTMENT Butte County Fire and Rescue
Street Address: 176 Nelson Ave.
Mailing Address: 176 Nelson Ave.
City: Oroville, Ca. Zip: 95965
Telephone: (530) 538-7111
STATE OF CALIFORNIA -DEPARTMENT OF FORESTRY & FIRE PROTECTION
PO BOX 944246
SACRAMENTO, CA 94244-2464
(9I6) 445-9266
9. This Agreement maybe amended at any time by mutual consent to permit the addition or deletion
of property.
IN WITTNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first written above.
-Butte County Fire
Herein called the Local Fire Department
By:
Authorized signature
Kim Yama chi
Typed or printed name
Board Chair
Title) Date
STATE OF CALIFORNIA
Department of Forestry and Fire Protection
By:
CDF Unit Chief Date
By:
CDF Property Manager Date
REV April 11, 2002
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