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HomeMy WebLinkAbout94-136RESOLUTION AUTHORISING THE BUTTE COUNTY FIRE DEPARTMENT TO RECEIVE THE RURAL COMM[JNITY FIRE PROTECTION GRANT NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Butte, that the Chairman of the Butte County Board of Supervisors is authorized and directed to execute, on behalf of the Butte County Fire Department, between said Department and the State of California Department of Forestry and Fire Protection, a grant in the amount of $4,431.47, provided under the Cooperative Forestry Assistance .Act of 7.978 (PL 95-313}. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, an the 22nd day of November, 1994, by the following vote: AYES: Supervisors Meyer, Dolan, Houx, Thomas, Chair McLaughlin NOES : None ABSENT : Nozze NOT VOTING: None ~' Q ~C ED McLAUGHLIN, hair Board of Supervisors ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of the yard of Supervisors 3 I by C # DEPARTMENT OF FORESTRY AND FIRE PROTECTION STATE OF CALIFORNIA The Resources Agency Agreement for DxSTRIBUTION OF FUNDS under the Ruz-al Community Fire Protection Program of Cooperative Forestry Assistance Act of 1978 THIS AGREEMENT FOR DTSTRIBUTTON OF FUNDS, made and entered into this day of A~gvst _ 19 94, by and between the State of California, acting by and through the Director of the Department of Forestry and Fire Protection hereinafter called "State", and Butte County Fire Department hereinafter called "Local Agency", covenants as follows: WHEREAS' 1. State has been approved as an agent of the U. S. Forest Service for the purpose of administering Cooperative Forestry Assistance Act of 1978 (PL 95-31.3, Rural Community Fire Protection Program), hereinafter referred-to as "RCFP", and 2. The RCFP has made funds available to State for redistribution, under certain terms and conditions, to Local Agency to assist Local Agency to upgrade its fire protection capability, and 3. Local Agency desires to participate in said RCFP. NOW THEREFORE, it is mutually agreed between the parties as follows: 4. GRANT: State will grant to Local Agency, from fu4d431ade available to State by the Federal Government, the sum of $ pursuant to terms and conditions contained in Paragraph 5 below for specific projects identified in Exhibit A {Application far Grant) attached hereto. This sum is the sole and maximum payment which State will make pursuant to this Agreement. 5. LIMITATIONS: Expenditure of the funds distributed by State herein is subject to the same limitations as placed by the Cooperative Forestry Assistance Act of 1978 (PL 95-31.3), known as the "Rural Community Fire Protection Program", upon expenditure of United States Government funds. 6. MATCHING FUNDS: Any and all funds granted to Local Agency under the terms of this Agreement, hereinafter referred to as "RCFP Funds", shall be matched by Local Agency on a dollar-for-dollar basis, for each project listed on attachment(s) hereto identif ied as "Exhibit A~'. No amount of unpaid "contributed" or "volunteer's labor or services shall be used or considered in calculating the matching amount "....actually spent...." by Local Agency. ;~ ~ RIIRAL COMMUNITY FIRE PROTECTION PROGRAM AGREEMENT FOR DISTRXBIITION OF FUNDS PAGE 2 OF 3 7. ADDRESSES: The mailing address of the parties hereto, for all notices, payments, repayments, or any other activity under the terms of the Agreement, are: Local Agency: Butte County f'lFe nw~artm[~nt __ .. Oroville, CA 95965 916 538-71].1 Telephone Number State: Department of Forestry and Fire Protection Cooperative Fire Services, Room 1654-7 P. O. Box 944246 Sacramento, California 94244-2460 (9i6) 653-6521 8. PURPOSE: Any project to be funded hereunder must be intended to specifically assist Local Agency to organize, train, and/or equip local firefighting farces in the aforementioned rural area and community to prevent, or suppress fires which threaten life, resources, and/or improvements within the area of operation of Local Agency. g. COMBINING: In the event funds are advanced for two ar more separate, but closely related projects, the cost--sharing formula will be applied to the total cast of such combined projects. 10. EXCESS FUNDS: Any funds paid to Local Agency in excess of the amount "earned" by Local Agency, as contemplated in Paragraphs 6, 8, and 9 above, shall be returned to State within 45 days after completion of the project. 11. RECORDS: Fora period ending four years after the "completion" of a project, State reserves the right to examine and study Local Agency records concerning a grant under this Agreement. "Completion" is herein defined to be the date when the funded activity, or project, is finished -- for example, the end oz the final training session (or evaluation) of a training program, or the acceptance of the final report for a planning project, or the placement in service of a piece of firefighting apparatus which was bought or built with RCFP funds. 12. REPORT: Local Agency shall submit to State, prior to the termination date provided herein in Paragraph 16, a statement detailing the qualifying matching expenditures made under Paragraph 6above. 13. OVERRUNS: In the event that the total cost of a funded project exceeds the estimate of costs upon which this grant is made, Local Agency may reapgly for funds to cover the grant share of the amount exceeded. However, there is no assurance that any such funds are, or may be, available for reimbursement, RURAL COMMUNITY FIRE PROTECTION PROGRAM AGREEMENT FOR DISTRIBUTION OF FUNDS PAGE 3 OF 3 l4. DISPUTES; In the event of any dispute over qualifying matching expenditures of Local Agency, the dispute will be decided by State and its decision sha11 be final and binding. 15. HOLD HARMLESS: Local Agency agrees to defend, indemnify, save, and hold harmless 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 Local Agency, its agents or employees in performance of any function provided for under the terms of this Agreement. 16. TERM: The term of the Agreement is for a maximum period of one year from the effective date shown above; or, not more than 45 days after any completion date set forth in Exhibit A, whichever is sooner. It any be extended or amended by mutual consent expressed in writing, subject to approval required by law. 17. The parties hereto agree that Local Agency, its officers, employees, agents, servants, contractors, volunteers, paid call firemen and others acting on behalf of Local Agency performing under the terms"of the Agreement, are not acting as officers, employees, or agents of either State or the Federal Government. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. STATE OF CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION LOCAL AGENCY COUNTY OF BUTTE Sy . By ~ C' Signature *Signature Printed Name '~-"~~-- ~~~~ Printed Name, Ed McLauQh in Title ~l~'s~~` /-r~ - ~ Title Chair, Board of Su ervisors Date ~~ ~ g * *Date November 22 i 994 *Officer signing here must be the same Officer authorized in the Resolution to execute this Agreement. **Make sure this date is the same date as the Resolution or later.