HomeMy WebLinkAboutReso 2004-180 - Federal Excess Property
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RESOLUTION 2004 - 180
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDDING AUTHORIZING THE FIRE CIDEF TO EXECUTJI!:
AN AGREEMENT BETWEEN THE STATE OF CALWORMA
AND THE CITY OF REDDING FOR THE USE OF FEDERAI['
EXCESS PROPERTY
WHEREAS, the State of California has been approved as an agent of the United States Forest
Service for the purpose of administering the Cooperative Forestry Assistance Act of 1978 ("CF AA")
Rural Community Fire Protection Program;
WHEREAS, the CF AA has made federal excess property available for use by the City of Redding in
developing and maintaining equipment that is used or useful in upgrading the fire protection capability of
the City of Redding;
WHEREAS, the terms and conditions of the use of said federal excess property are set forth in the
Agreement for Federal Excess Property ("Agreement"), attached and incorporated herein as Exhibit A;
and
WHEREAS, the City of Redding desires to participate in the CFAA by accepting and authorizing
signature of the Agreement.
NOW, THEREFORE, IT IS RESOLVED by the City Council that the Agreement is hereby
accepted, and the Fire Chief is authorized to execute the same on behalf of the City of Redding.
I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular
meeting of the City CoUncil on the 16th day of November, 2004, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Kight, Mathena, Stegalll, and Pohlmeyer
None
Cibula
Non
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A TTEST: ~. u
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CONNIE STRO yER, Ci.;i::;
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STATE OF CALIFORNIA
The Resources Agency
Bepartment of Forestry & Fire Protection
Agreement for Federal Excess Property
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
City of Redding
THIS AGREEMENT FOR FEDERAL EXCESS PROPERTY, made and entered into this 16th day
of November, 2004, between the State of California acting by and through the Director of the
Department of Forestry, hereinafter called the "State" and the City of Redding, 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 CF AA,
and
B. WHEREAS, the CF AA 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
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 Local Agency Federal Excess Property described as:
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Fire apparatus (fire engines. ladder trucks. aircraft fire/crash vehicles) generators and
other ancillary equipment associated with fire/life safety service delivery
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.
(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 require/s 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 issues a formal release from such responsibility.
(f) When any property loaned or assigned to the Local Agency herein under is lost, worn
out, no longer serviceable or no longer needed, the local California Department of
Forestry Ranger Unit Headquarters office of the State at
875 Cypress Avenue. Redding. CA 96001
shall be contacted for property documentation and handling.
2. In the event that all of or anyone or more pieces of equipment provided to the Local
Agency hereunder is assigned, lost, stolen, worn out, destroyed, damaged or
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otherwise rendered useless or unavailable for its purposes 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
to 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, volunteers, paid call firemen and other acting on behalf of the
Local Agency performing under the terms of this Agreement, are: not acting as
officers or employees or agents ofthe State or of the Federal Government.
5. 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 liabilit:r of any kind
whatsoever arising out of the acts of the Local Agency, its agents or employees in the
performance of any function provided for under the terms of this Agreement.
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 ifno 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.
7. During the term stated in (6) above, this 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:
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Local Agency:
Phone:
Address:
City of Redding Fire Department
(530)225-4141
777 Cypress Avenue/P. O. Box 496071
Redding, CA96001l96049
State:
State of California, Department of Forestry
1416 9th Street
Sacramento, CA 95814
9. This Agreement may be amended at any time by mutual consent to permit the
addition or deletion of equipment.
IN WITNESS WHEREOF, the parties hereto have expected this Agreement as of the
day and year written above.
City of Redding
Herein called Local Agency
STATE OF CALIFORNIA
Department of Forestry
By
By
Chief, Support Services
Date
Typed or printed name
Title
Date
By
Ranger Unit Administrator
Date
MICHAEL J. POHLMEYER, Mayor
Attest:
Form Approved:
CONNIE STROHMA YER, City Clerk
LYNETTE M. FREDIANI, Interim Ci~y Attorney
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