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Home My WebLink About89-183r- -~ ~~,~ .. ;~ * *:, F ,~ 1 ~~~r i '~ - rf-~ ~~~ ~ 7,> BOAf~D OF SUPFRV IS.'C~RS `~~' COUNTY OF BIrTTE,. STATE OF CALIFORNIA ~eSO[uf10n N0. 84-183 RESOLUTION AUTHORISING APPLICATION FOR FEDERAL EXCESS PROPERTY IN ACCORDANCE WITH TITLE IV, RURAL DEVELOPMENT ACT 1972 (PL 92-A19) (FOR NON-INCORFORATED FIRE AGENCIES} WHEREAS, there is a need for Federal Excess Property to help fight wildland, rural, structures 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 92-419) is available for local agencies. NOW, THEREFORE, BE IT RESOLVED THAT STEVE BROWN, Fire Warden 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 1V, Rural Development Act 1972 (PL 92-419). A copy of said Agreement is attached hereto and made a part hereof, and the said STEVE BROWN is hereby authorized to sign the Agreement for the Board of Supervisors, Butte County. PASSED AND ADOPTED the 31st of October, 1989 by the following vote: AYES: Sugervisors McLaughlin, Vercruse and Chairman Fulton NOES: None ABSENT: Supervisors Dolan and McInturf NOT VOTING: None LEN TON, Chai Butt County Board of Supervisors ATTEST: WILLIAM H. RANDOLPH, Chief Administrative Officer and Clerk of the and of Supervisors By STATE OF CALIFORNIA The Resources Agency Department of Forestry & Fire Protection A regiment far Federal Excess Property Agreement far Acquisition, Accountability, Use and disposal of FEDERAL EXCESS PROPERTY Under the Rural Cautmunity Fire Protection Program of the Cooperative Forestry Assistance Act (CFAA) of 1978. Between The State of California and TIDE COUNTY OF BUTTE THIS AGREEMENT FOR FEDERAL EXCESS PROPERTY, made and entered into this day of 39 by the between the-State of California acting by and through the Director of the Department of Forestry, hereinafter called the "State" , and THE Count of Butte acts-n b- and thro~a h tt~ie Fire Warden of the Fire be artment hereinafter called the "Local Agency", covenants as follows: A, WHEREAS, the State has been approved as an agent of the U.S, Forest Service far 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, and 1 C. WHER a, the Local Agency desir to participate in said CFAA. NQW, THEREFORE, it is mutually agreed that, effective as the date shown above: 1. The State will loan to the Local Agency Federal Excess Property described as: *S~ ATTACHED LIST 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.ar 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. {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 property 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. .2 'Ei'EisAL B}<GEa ~pi~iIEHT i-L~hEu Tif Gi;TTE v':.'GhT[ ASSET N0. YEHi%LB N[;'. llESi:r.iPTi[rli LiFEl+~E Hi' 1$163 77`r vAli, iy7i u[~DuE E4~~ti8;o i$i64 77S FiC?:~Y, 1973 CREY. E450o55 181$5 717 FINE TitUUR, 1904 Tii1UGa 41{4 8777004 1$166 706 TRDCR, i9S2 ChEY- 876ii2 18167 708 rr"iCRUF, 1~~6$ iHTL E76$5iZ 1$16$ 705 JBEF, 19fi9 RAiSiiR ET6i11£ 1$169 7t9 YAN, 1-1/4T SAISBR 879$fi42 16170 7l6 TRUCK/TRACTOR, 1965 INTL E777605 181T1 773 YAH, 1963 DODGE, 4%4 8450435 1$172 718 TFUCE/T1iACTOE, 1967 INTL 8`r77dG$ 1$173 770 TRUCK, 1974 iHTL 8449f~40 18174 778 iiiR€ TROCR, 1966 DODGE 8450791 18178 771 FICI;UF, 1971 DODGE 845G434 1$177 778 FiCRUF, 1971 DL~DGB n450436 18207 774 FIRE TR?CR, i9S7 FORi1 E449038 18342 $09 ~!h0ur'i, 3f4T, 1971 INTL 6471929 1$600 830 Tiii-CR, TAN1i8R, 1368 DOpGB E479767 18601 831 - TkUCR TANKER, 197u IHTL 8409598 14618 823 T:tUCR STARBSIE'i., 1G71 INTL 1409597 18793 844 TRUCK, iiATER TAHI;BP, 1965 v"NC 8491033 1$794 $52 TRUCK, 1963 DODGE n499071 19101 863 Tr".UCR, 1975 I1iTL BG6G595 I (d) The State a~ the Local Agency will ma~.cain 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 issues a formal release from such responsibility. (f} When any property loaned or assigned to the Local Agency hereinunder is last, worn out, na longer serviceable ar no longer needed, the local California Department of Forestry Ranger Unit Headquarters office of the State at 176 Nelson Avenue Qraville CA 95965 shall be contacted for property documentation and handling. 2. In the event that all of or any one or mare pieces of equipment provided to the local agency hereunder is assigned, last, stolen, worn out, destroyed, damaged or otherwise rendered useless ar unavailable for its purposes intended hereunder and it is clearly established that such assignment or Loss occurred while ar 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 far damages up to the value, established by the State far each such piece of equipment, immediately prior to such assignment, 3 loss, damage destruction, 3. ~4 . 5. 6. 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 i.ts decision shall be binding and final. The parties hereto agree that the Local Agency, their officers, employees, agents, servants, contractors, volunteers, paid call firemen and others acting on behalf of the Local Agency performing under the terms of this Agreement, are not acting as officers or employees or agents of the State or of the Federal Government. The Local Agency agrees to defend, indemnify, save and hold harmless 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.ar employees in the performance of any function provided for under the terms of this Agreement. The period of this Agreement is for a period of one year faront.~ 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. Agreements may be terminated by either party after giving notice 180 days in advance of such termination to the other, party. 4 7. During the i ~~m stated in (6), above; t s Agreement, at the option of the State, may be terminated by the State for any material 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 (f} above, are: Local Agency : Butte County Fire Department Phone : ( 916 ) 538-7111 Address ; 176 Nelson Avenue, Oroville CA 95965 State; State of California, Department of Forestry, 1415 9th Street, Sacramento, California 95814. 9. This Agreement may be amended at any tame by mutual consent to permit the addition or deletion of equipment. IN WITNESS WHEREQF, the parties hereto have executed this Agreement as of the day and year first written above. Butte County Fire Department Herein called Local Agency By STATE OF CALYFORNIA Department of Forestry By Chief, Support Services Date J. Steven Brown Typed or printed name County Fire Warden gy Title/Date Ranger Unit Administrator '~~"""~D A57C) "rORtV, ~i~° l„OJn~f ~.DUIlSB~ ~~~/~~ 5 Date Sr'i'--I~ySU3~A£~CF CER'T'IF TCATION r'3Y IACAL AG~TCY FOR TORT LIABILITY This is to certify that LOCAL AG~IVCY has elected to ~e self-insured. Butte Caun LOCAL AGENCY By ~L~~. i afore ~~'~1~~ /S~U.SS~L.r~~ ra-~ Printed Name ~bm sr~ _ 1a-~- YS T Title