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HomeMy WebLinkAboutStaff Report 3.D 01/26/2015Agenda Item #3. 2 e' L Uar W IgSa 6-1 '1 Glp DATE: January 26, 2015 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Larry Anderson, Fire Chief 7 I SUBJECT: Resolution Authorizing the City Manager to Execute an Agreement for the Temporary Assignment of Vehicular Equipment between the California Governor's Office of Emergency Services and the City of Petaluma Fire Department for a Type One Fire Engine RECOMMENDATION It is recommended that the City Council adopt the attached Resolution Authorizing the City Manager to Execute an Agreement for Temporary Assignment of Vehicular Equipment between the California Governor's Office of Emergency Services and the City of Petaluma Fire Department for a Type One Fire Engine. Cal-OES has a program in which they purchase fire engines for the purpose of responding to incidents in furtherance of the California Fire Service and Rescue Emergency Mutual Aid Plan. These fire engines are then assigned to strategically distanced fire departments throughout the State of California to be staged for Cal-OES purposes. Whenever the State needs an engine (i.e., for mutual -aid to all-risk events, emergency incidents, civil defense, disaster purposes, etc.), the assignee agency (in this case, the Petaluma Fire Department) staffs the engine and responds to wherever Cal-OES deems it is needed. In return, the State allows the engine to be used by the assignee agency as a reserve engine (temporary use when emergency conditions warrant or when regular apparatus is out of service for repairs). The fire engine comes fully equipped with hose, tools, radios, etc. and the State covers all major maintenance costs (over $100.00). The State also reimburses staffing costs associated with mutual aid pursuant to a Governor's disaster proclamation or when conditions warrant invoking the California Fire Assistance Agreement, the State of Nevada Cooperative Agreement or the Interstate Compact, as appropriate. DISCUSSION The Petaluma Fire Department has an opportunity to become an assignee agency for a Cal-OES fire engine. This engine is property of the State. to be housed and staffed by the Petaluma Fire Department. The contracuial agreement ensures their engine is ready to respond when it is needed. In essence. the State receives trained personnel and an engine maintained in a state of readiness without the obligation to staff the engine on a year-round basis. Petaluma Fire will use the engine as its own and it will serve as a back-up reserve engine. There are restrictions for the amount of time it can be used as a front line piece of equipment, but with the proper notification and approval, that front-line timeline can be extended. The State also has strict inventory procedures and maintenance protocol to ensure fiscal responsibility. If the Resolution is approved, the Petaluma Fire Department will receive a newer reserve engine, with substantially reduced maintenance costs, and more opportunity to respond and participate in State-wide mutual aid call -outs. Although there is the potential that personnel costs for a short deployment (less than 12 hours) will not be reimbursed by the State, this rarely happens. Staff of Sonoma Valley Fire Rescue Authority, a current assignee agency of a Cal-OES engine, can recall only one time they were not reimbursed for a deployment. The deployment was cancelled in Livermore while en route to San Diego. The Petaluma Fire Department is familiar with, and currently participates in, State-wide mutual aid. In the past, whenever requested, it has deployed an engine staffed with four personnel and placed a reserve engine in its place while the mutual aid engine is on assignment. A mutual -aid engine may be deployed to out -of -area assignments for up to 14 days, plus travel time. There is a contingency for crew rotations if the apparatus is committed to extended assignments, which are not uncommon during high -activity fire seasons. The Petaluma Fire Department has an aging fleet of fire apparatus. The two current reserve fire engines are 20 and 26 years old, respectively. Becoming an assignee agency of a Cal-OES engine will allow the City to replace the 26 -year old reserve fire engine which is six years past due for replacement. This will save the City maintenance costs and provide the community and fire personnel with a newer, safer, more reliable piece of equipment. The intended Agreement for Temporary Vehicular Assignment is for a Type 1 fire engine for a term of ten years. These vehicles are typically used for fighting structural fires. They are also often requested to respond to major wildland fires to protect structures in the wildland urban interface. Along with this being a Type One fire engine, it is also an Urban Search and Rescue (USAR) classified engine. The equipment supplied on this engine allows personnel to respond to USAR incidents where the supplied equipment will be used to rescue lost or trapped citizens (i.e., during earthquakes). Personnel assigned to this engine have to meet Wildland Fire and ICS standards established in the California Incident Command Certification System (CICCS) and meet the Rescue Systems 1 standards as certified by the California State Fire Marshal. Petaluma Fire Department persormel meet the required CICCS standards and most meet the Rescue Systems 1 standard. Both CICCS and Rescue Systems training are standard training in the department and will remain so. FINANCIAL IMPACTS The financial impact to the City is positive. Major maintenance of the Type One engine will be paid for by the State. The Cal-OES engine will allow Petaluma Fire to surphis a 26 -year old engine which has no remaining dependable rescrvc utilization capacity. Additionally. it is shoving signs of water tank leakage and is in need of a new water tank and also needs a major electrical system upgrade. There is not expected to be any additional vehicle insurance costs am Attachment I RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE TEMPORARY ASSIGNMENT OF VEHICULAR EQUIPMENT BETWEEN THE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES AND THE CITY OF PETALUMA FIRE DEPARTMENT FOR A TYPE ONE FIRE ENGINE WHEREAS, the California Governors Office of Emergency Services (Cal-OES) has indicated that it has a Type One fire engine available for temporary assignment and deployment in furtherance of the California Fire Service and Rescue Emergency Mutual Aid Plan; and WHEREAS, Cal-OES has detennined that the Petaluma Fire Department is correctly situated in the State to receive and use a Type One response engine and act as an assignee agency to staff the engine and respond to wherever Cal-OES deems it is needed; and WHEREAS, the Type One fire engine comes fully equipped with all necessary equipment and the State covers all major maintenance costs over $100.00, as well as reimburses staffing costs associated with mutual aid, plus a 10% administrative fee, pursuant to a Governor's disaster proclamation or when conditions warrant involving the California Fire Assistance Agreement, the State of Nevada Cooperative Agreement or the Interstate Compact; and WHEREAS, in return, the State allows the engine to be used by the assignee agency as a reserve engine, whether for temporary usage when emergency conditions warrant or when regular- apparatus is out of service for repairs; and WHEREAS, the Petaluma Fire Department has an aging fleet of fire apparatus and utilization of a Cal-OES Type One fire engine will allow the Department to surplus its oldest reserve fire engine which is already six years past due for replacement; and WHEREAS, per Cal-OES, personnel assigned to this engine have to meet Wildland Fire and ICS standards established in the California Incident Command Certification Svstenr (CICCS) and meet the Rescue Systems I standards as certified by the California State Fire Marshal and Petaluma Fire Deparunent do fulfill this requirement. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize the City Manager, on behalf of the City of Petaluma, to enter into an agreement with the California Governor's Office of Emergency Services (Cal-OES) for the temporary assignment of a Type One Fire Engine, in accordance with the terms of the Agreement for Temporary Transfer of Vehicular Agreement, attached hereto as Exhibit A, and further authorizes the City Manager to execute the agreement and all related documents. S GOVERNOR Dear Chief.. I L AAIJU . .l SECRETARY CALIFORNIA EMERGENCY EXHIBIT M MANAGEMENT AGENCY You will find enclosed two copies of Assignment of Equipment Form, and Agreement for Temporary Transfer of Vehicular Equipment covering the assignment of Cal EMA Fire Engine No. _ = , to the . The Agreement is effective �­ Please have the authorized official sign both copies of the above-mentioned documents and return one original set to our office. NOTE 1: Cal E1bIA cannot assign the apparatus to your agency until this signed Agreement is returned. NOTE 2: This Agreennent contains updates. The first is the name change from OES to California Emergency Management Agency or "Cal EMA." The second is the addition of equipment required by NFPA 1901 and other NFPA Standards. Please see the "new" paragraph S. for details. It is required that this office be furnished with a Certificate of Insurance, or a letter certifying self-insurance in accordance with Paragraph 14 and 15 of the Agreement for Temporary Transfer of Vehicular Equipment. If you have any questions regarding this assignment, please feel free to contact our office. Sincerely, KIM ZAGARIS State Fire and Rescue Chief Enclosures Cc: Region Fire and Rescue Coordinator Operational Area Coordinator Cal EMA Deputy Chief of Operations Cal EMA Assistant Chief' 36 0 ScnRu_Vei. AVENUE • Nhmt:R. CA 91655 FIRE AND RI_SCUE DIVISION PNONE: (916) 8d5-871 1 • FAX: (916) 815-5396 CALIFORNIA EMERGENCY MANAGEMENT AGENCY Fire and Rescue Division AGREEMENT FOR TEMPORARY ASSIGNMENT OF VEHICULAR EQUIPMENT THIS AGREEMENT, entered into this day of by and between the California Emergency Management Agency, hereinafter "CAL EMA" acting by and between its duly appointed and qualified Secretary of the California Emergency Management Agency and the acting by and through its duly appointed, qualified and acting officers, hereinafter called"ASSIGNEE." 1".L�t��UI.Y.�DIL1�E WHEREAS, the State of California has purchased fire apparatus and equipment for the purpose of responding to incidents in furtherance of the California Fire Service and Rescue Emergency Mutual Aid Plan; and WHEREAS, Cal EMA is authorized to assign these fire apparatus and equipment to local jurisdictions throughout the State under written agreements to be staged for Cal EMA purposes and for use by local jurisdictions for the purposes described below; now, therefore, IT IS HEREBY MUTUALLY AGREED between the parties hereto as follows: 1. ASSIGNMENT. CAL EMA hereby transfers possession to ASSIGNEE and ASSIGNEE hereby accepts possession from CAL EMA of the fire apparatus and equipment listed on the attached Exhibit "A" which is by this reference made a part hereof, for the period conrrnencing for the following all-risk events, emergency incidents, civil defense and disaster purposes, namely: Mutual aid, multiple alarm events and emergency incidents, emergency incidents threatening properties vital to national defense or important military installations, parades and displays, training of regular, volunteer and auxiliary firefighters and temporary standby for ASSIGNEE's regular apparatus and the regular apparatus of other departments while out of service for repairs. a. Vehicle Description : Vehicle Designation Vehicle License Number. . _ . Vehicle Identification Number v Value of Vehicle Value of Hose and Appliances b. Equipment inventories (Exhibit "A") may by mutual concurrence of the CAL EMA and ASSIGNTEE be changed during the term of this Agreement, utilizing property accountability procedures established or approved by the State. Ti ivo. The term of this Agreement shall be for ten (10) years unless terminated pursuant to the teens of this Aereement. 3. CONSIDERATION. Consideration for this Aereement is the mutual benefit the parties will enjoy b} having a fire apparatus locally available for use as provided in this Agreement. t 04/2012 Agreement for Temporary Assignment of Vehicular Equipment CALIFORNIA EMERGENCY MANAGEMENT AGENCY Fire and Rescue Division 4. HOUSING, MAINTENANCE, REPAIR, AND REPLACEMENT. During the term of this transfer, ASSIGNEE agrees to adequately house in an enclosed secure structure, staff, operate, maintain and repair (consistent with section 4b) said fire apparatus and equipment (hereinafter collectively referred to as "the Apparatus" except where it is desired to refer to equipment alone, in which case the term 'Equipment" is used) at its sole cost and expense, except as otherwise expressly provided in this Agreement. ASSIGNEE also agrees to complete all reports and maintain records consistent with Section 14. Apparatus shall be housed on property of the ASSIGNEE in a manner to provide reasonable protection against inclement weather, sabotage, theft, or malicious damage. Apparatus shall be maintained in such condition that it is available for immediate emergency use, and at the same standard as other emergency apparatus operated by ASSIGNEE. Maintenance shall include care of hose, batteries, tires, appliances, lubrication and fuel, general cleaning and polishing, minor body repairs and periodic testing. Repairs shall include, without being limited to, motor tune-ups, pump repairs, transmission, differential and all running gear, brake and exhaust systems, cooling devices including radiator, pump packing, and equipment assigned to Apparatus. a. Repairs to the extent of $100.00 for each individual item of repair shall be the responsibility of ASSIGNEE. b. Repairs to the extent that they exceed $100.00 for each individual item of repair shall be the responsibility of CAL EMA on a $100.00 deductible basis, unless in the judgment of the CAL EMA the need for repair results from misuse or negligence on the part of ASSIGNEE in the maintenance or use of the Apparatus, in which event the cost of each such item of repair above $100.00 shall also be the responsibility of ASSIGNEE. In no event shall ASSIGNEE arrange for repairs costing over $100.00 for any item of repair, whether it is the responsibility of CAL EMA or ASSIGNEE, without first obtaining written authorization from the Cal EMA Fire and Rescue Division. C. Notwithstanding the foregoing, replacement of hose, batteries and tires shall be the responsibility of CAL EMA, except to the extent CAL EMA determines that the damage thereto is the result of negligence or misuse on the part of ASSIGNEE, in which event ASSIGNEE will bear such portion of the replacement cost thereof as the CAL EMA deems equitable. Procurement of tires, hose and batteries is subject to State fiscal policies and procedures, and written approval must be obtained from the Cal EMA Fire and Rescue Division prior to procurement. d. Maintenance and repairs must be requested and authorized pursuant to the most recent version of the Cal EMA Fire and Rescue Division Operations Bulletin 418, which is hereby incorporated into this Agreement by reference. C. Repair or replacement of the Apparatus transferred hereunder which is consumed, lost, stolen, damaged or destroyed during mutual aid operations when CAL EMA has dispatched or directed the dispatch of said Apparatus through Regional or Operational Area Fire and Rescue Coordinators, or when CAL EMA has reassigned said Apparatus pursuant to the provisions of paragraph 11 of this Agreement, shall be the responsibility of CAL EMA. providing that any such loss or damage shall be the responsibility of ASSIGNEE. if due to the negligence of ASSIGNEE. ASSIGNEE agrees that it will assume responsibility in Rill for the repair or replacement of Apparatus that has been consumed. lost. stolen. damaged or destroyed in 2 04/3012 Agreement for Temporary Assignment of Vehicular Equipment CALIFORNIA EMERGENCY MANAGEMENT AGENCY Fire and Rescue Division operations ASSIGNEE has directed or controlled. f. ASSIGNEE must request from CAL EMA, in writing, permission to make any and all changes to assigned fire apparatus and equipment. Furthermore, ASSIGNEE will not make modifications, changes, adjustments, or additions, including decals or stickers, to Apparatus without prior written approval from CAL EMA. 5. INSPECTION OF APPARATUS. ASSIGNEE agrees that representatives of the Cal EMA Fire and Rescue Division and other authorized State personnel may inspect the Apparatus at any time. 6. STAFFING. Reasonable and continual training shall be carried on so that trained personnel shall at all times be available to staff and operate said Apparatus. The ASSIGNEE shall provide personnel to staff the assigned apparatus per FIRESCOPE ICS standards. The Cal EMA engine may be assigned to out of area assignments for up to 14 days, plus travel time. When local government personnel, staffing Cal EMA Apparatus, are committed to extended assignments there may be a need to replace or rotate personnel. Personnel rotation will follow the direction outlined in the California Fire Assistance Agreement when assigned to an incident within California. Crew rotation for incidents outside of California shall be consistent with the appropriate forest's agencies policy and coordinated by Cal EMA. 7. PERSONAL. PROTECTIVE EQUIPMENT (PPE) AND SPECIALIZED EQUIPMENT. In addition to providing the standard complement of firefighting PPE, it shall be the ASSIGNEE'S responsibility to provide its personnel with all other PPE that may be required by NFPA 1901, other NFPA Standards, and California Title 8. This shall include, but not be limited to, one Traffic Vest (ANSI / ISEA 207) for each seating position. In addition, we recommend chainsaw chaps be provided. In addition, an automatic external defibrillator (AED) has been added to "Miscellaneous Equipment" in NFPA 1901. To provide consistency with the ASSIGNEE'S equipment, it shall be the ASSIGNEE'S responsibility to provide this device for use on the assigned engine. 8. TRAINING. Personnel assigned shall meet wildland fire and ICS standards established in the California Incident Command Certification System (CICCS) or NWCG 310-1, Wildlife Qualification System Guide (current edition). Personnel assigned to Cal EMA Engine's shall meet Rescue System I standards as certified by the California State Fire Marshal, or have completed an equivalent course that meets or exceeds Rescue System I curriculum. 9. DISPATCHING. All movement of the Apparatus shall be handled through the official dispatching channels of ASSIGNEE. ASSIGNEE dispatchers will recognize and act on all official requests for movement of the Apparatus in conformance with the Fire and Rescue Annex (California Fire and Rescue Mutual Aid System) to the State Emergency Plan and its subsequent revisions. CAL EMA reserves the right to dispatch, direct the dispatch of, or temporarily reassign the Apparatus whenever, in the opinion of the Secretary of Cal EMA, his representatives or Operational Area and Regional Fire and Rescue Coordinators, such Apparatus is essential to the protection of life and property in another jurisdiction or in the best interest of the State. 10, MUTUAL AID RESPONSE. Procedures for muhial aid response shall be in accordance with California Fire Service and Rescue Enncreenev Mutual Aid Phu. 11. RL[.y11111RSAnt i RESPONSE. Reimbursement for mutual aid may be provided pursuant to a 3 04/2012 Agreement for Temporary Assignment or Vehicular Equipment CALIFORNIA EMERGENCY MANAGEMENT AGENCY Fire and Rescue Division governors disaster proclamation or when conditions warrant invoking the California Fire Assistance Agreement, the State of Nevada Cooperative Agreement, or the Interstate Compact as appropriate. There is no other existing provision for mutual aid reimbursement. 12. TEMPORARY USE. ASSIGNEE shall be permitted to use the Apparatus for temporary cover of fire stations when emergency conditions warrant, or when regular apparatus is out of service for repairs and a closer engine cannot cover the gap. In either case, the ASSIGNEE shall immediately notify the Operational Area Dispatch Center and the Cal EMA Fire Duty Chief. The ASSIGNEE further agrees that Cover -in or Standby of said Apparatus exceeding 30 days is at the discretion of the CAL EMA. 13. TEMPORARY TRANSFER. a. A sub -assignment of the Apparatus or any portion thereof by ASSIGNEE for any period not exceeding seven consecutive days within a given Operational Area may be made with the consent of the Operational Area Fire and Rescue Coordinator and the CAL EMA, providing that at the time such Apparatus is received, such Sub -Assignee furnish ASSIGNEE and CAL EMA a letter to the effect that he assumes all obligations of ASSIGNEE with respect to such Apparatus under this Agreement during the period of assignment, including insurance coverage in accordance with Section 16 or 17, as appropriate. Any sub -assignment by ASSIGNEE for a period of more than seven consecutive days shall be subject to authorization by the CAL EMA and execution of an "Agreement for the Temporary Transfer of Vehicular Equipment," with the agency requesting the transfer. b. Whenever Apparatus is assigned in accordance with the provisions of this paragraph, regular ASSIGNEE shall be relieved of its obligations under this Agreement during such period of sub -assignment. C. Complete a written Temporary Cal EMA Apparatus Assignment Record, Exhibit "B". The ASSIGNEE will retain one copy, the Sub -Assignee will retain one copy, and one copy will be forwarded to the Cal EMA Fire and Rescue Division. 14. REPORTS AND RECORDS. ASSIGNEE shall maintain daily and monthly reports on the details of Apparatus use on Cal EMA F-101 Form. A Smoke Opacity Test, Pump Test, Hose Test, and Ladder Test shall be the responsibility of ASSIGNEE and completed annually. Written results of all tests and reports shall be forwarded to the Cal EMA Fire and Rescue Division by the end of the calendar year. A recent copy of the tests and reports shall be maintained in the vehicle logbook. 15. REPORT OF ACCIDENTS. ASSIGNEE shall immediately notify the Cal EMA Fire and Rescue Division following any and all accidents involving the Apparatus. It shall be the responsibility of ASSIGNEE to fill out State Form 270, 'Report of Automobile Accident," and file the report with the California Emergency Management Agency. A copy of this report shall be retained by the ASSIGNEE and the original and four copies forwarded to Cal EMA. 16. INSURANC? PIZO I-ECTION. (Non- State Agencies) a. ASSIGNEE agrees fordr�yith to furnish evidence of insurance protecting the legal liability of the ASSIGNEE and CAL EMA for liability and/or property damage with a 4 04/2012 � (1 Agreement for Temporary Assignment ot'Vehicular Equipment �J CALIFORNIA EMERGENCY MANAGEMENT AGENCY Fire and Rescue Division combined single limit of $1,000,000.00 per occurrence, by means of a Certificate of Insurance naming the State of California as Additional Insured. Said certificate shall contain an Agreement by the insurance company that it will not cancel said policy without 15 days prior written notice to the CAL EMA and that the CAL EMA is not liable for the payment of any premiums or assessments thereon. Said certificate must include the description of the apparatus including VIN, state license number, and Cal EMA unit number. b. In the event the ASSIGNEE is self-insured, ASSIGNEE in lieu of a certificate of insurance shall furnish CAL EMA a written statement of such fact. In such event, ASSIGNEE agrees to hold the CAL EMA harmless from any personal injury or property damage claims arising out of its maintenance, use or operation of the Apparatus under the terms of this Agreement. C. Physical damage insurance, including collision coverage and comprehensive coverage, shall be obtained. The State of California will be named as a loss payee. In the event of a non -total loss, ASSIGNEE is responsible for returning Apparatus to original standard. The description of the vehicle and the necessary amount of insurance required is outlined in attached Exhibit °C which is by this reference made a part hereof. 17. INSURANCE PROTECTION. (State Agencies) Any insurance necessary for coverage of the apparatus shall be the sole responsibility of the department having custody of the vehicle, including when it directs, dispatches, and controls the use of the Apparatus. ASSIGNEE agrees to report Apparatus as being under its control to the Insurance Officer, Department of General Services. 18. TERMINATION OF AGREEMENT. a. Either party may terminate this Agreement upon 14 days written notice to other party, or ASSIGNEE may relinquish or CAL EMA may repossess any portion of the Apparatus upon like notice to the other party, except that CAL EMA may repossess any portion thereof without written notice whenever it deems the same is not being maintained in accordance with this Agreement. b. Upon the termination of this Agreement, ASSIGNEE agrees to return said Apparatus in the same condition as received, reasonable wear and tear, acts of God, and conditions over which it has no control excepted. C. As inventory changes occur, or items of equipment are replaced, deleted or added by the CAL EMA or replaced by ASSIGNEE, it is mutually agreed that no amendment to this Agreement need be made at the time of the change; provided however, at the termination of this Agreement a complete reconciliation of all equipment will be made. ASSIGNEE further agrees that all replacements for equipment or apparatus will be made with identical or substantially like items as approved by the CAL EMA. d. Nothing in this Agreement shall be construed to create a new property interest or richt of action for the ASSIGNEE. 19. UNAUTIIORILED USE Or- CAL EMA Ani ARATUS AND Eoi7T. Use of this Apparatus other than as specified in Paragraph 1 will be considered a breach of this Agreement. 5 04/2012 Agreement for Temporary Assignment of Vehicular Equipment CALIFORNIA EMERGENCY MANAGEMENT AGENCY Fire and Rescue Division 20. USE OF RADIO EQUIPMENT a. CAL EMA will furnish at CAL EMA'S sole cost, radio equipment installed in the Apparatus to be operated on the following frequencies: 151.145 - 170.925 . b. CAL EMA agrees to maintain said equipment without cost to ASSIGNEE. C. The ASSIGNEE agrees to operate said radio equipment in accordance with the Rules and Regulations of the Federal Communications Commission. d. Ownership of said equipment is in the CAL EMA, and all applications to the Federal Communications Commission seeking authority to add, modify, or replace radio equipment covered by this Agreement shall be made by and in the name of the State of California. To activate this Agreement and in compliance with the control requirements of the Communications Act of 1934, as amended, the CAL EMA hereby deputizes the Chief of the agency of said ASSIGNEE, and such volunteers, regularly employed and salaried assistants as shall be designated by the Chief of the agency as his agents to operate said radio equipment as specified in Paragraph "c" above. e. CAL EMA assumes no liability hereunder for claims or losses accruing or resulting to any person, firm or corporation furnishing or supplying work, services or material or services in connection with the performance of this Agreement or for any claims and losses accruing or resulting to any person, firm or corporation injured or damaged by performance of either party hereunder. 21. NOTICES. All correspondence and notices required or contemplated, or which may be given by either party to the other shall be deemed to have been fully given when made in writing and deposited in the U.S. mail, registered and postage prepaid and addressed as follows: To the ASSIGNEE at and to the CAL EMA at California Emergency Management Agency, Fire and Rescue Division, 3650 Schriever Ave., Mather, CA, 95655. The address to which notices shall or may be mailed as aforesaid to either party shall or may be changed by written notice given by such party to the other, as hereinabove provided; but nothing herein contained shall preclude the giving of any such notice by personal service. 22. ALTERATION. It is mutually understood and agreed that no alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein, and no alterations or variations of the terms hereof unless made in writing between the parties hereto shall be binding on any of the parties hereto. 23. WAIVER. The CAL EMA may in its sole discretion and for such good cause as it determines waive in writing in whole or in part any requirement of this Agreement that apparatus and/or equipment shall be maintained in operating condition, or repaired, or replaced, providing that any such waiver shall be applicable only to the specific apparatus or equipment to which it refers. 24. .IURISDIC ION AND VENUE. This Agreement. and any dispute arising from the relationship between the parties to this A,,reement. will be governed by the laws of the State ol-California. 6 04/2012 Agreement I'm• Temporary Assignment of Vehicular Equipment k 91 CALIFORNIA EMERGENCY MANAGEMENT AGENCY Fire and Rescue Division 25. WHOLE AGREEMENT. This Agreement constitutes the entire agreement between the parties hereto, with respect to the subject matter hereof. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement upon the date first above written. ASSIGNEE: ay City Manager CAL EMA: Mark Ghilarducci Secretmy California Emergency Management Agency Kim Zagaris, State Fire and Rescue Chief 7 01,2012 Agreement for Temporary Assignment of Vehicular Equipnunt CALIFORNIA EMERGENCY MANAGEMENT AGENCY Fire and Rescue Division EXHIBIT "A" EQUIPMENT INVENTORY: EMA 360 through 366 !�►[e11��71C�1�1.6Y�J I Adapter, 6" x 2-1/2", DF Hydrant 1 Adapter, 6" x 4", DF Ilydmnt 1 Adapter, 6" x 4-1/2", DF Hydrant 1 Axe, Pickhead 2 Black, Chock 2 Cans, Fuel 4 Cap, 2-1/2" Discharge 1 Chain, Tow 25', w/Grab Hooks I Clamp, Hose (Hebert) 2 Clamp, Hose (Wildland 5 Cones, Traffic w/reflective hand 2 Coupling, 2-I/2" DF 2 Coupling, 2-1/2", DM 2 Covey Salvage (Canvas) 1 Crank, I -lose Reel 1 Cutter, Bolt, 30" 1 Fire Extinguisher, 5" 1 First Aid Kit I Portable Pump, Cal EMA! L,_Senal', 1 Backpack, Thermo -Gel I Thermo -Gel — Pick-up Tube I Thermo -Gel — Eductoy hose&Nozzle 2 Thermo -Gel— Concentrate, 5 Gal. I Generator wfligld,;2,000 W, Cal EMAg Senal' - 2 Hammer, Sledge, 8-10 lb. 8 }lose, 1"x 100', NPSFI 1 Hose, 1-1/2" x 35', Truck Protection Line 12 Hose, 1-1/2" x 50', NH 10 (lose, I -12"x 100', Nil Forestry 24 Hose, 3" x 50', NH 2 Hose, Booster 1" x I OO' NPSH I Hose Bard Suction 1 'h" x 10' 2 Bose, Hard Suction 6" x 10' I Hose, Soft Suction 6" x 12' 1 Increaser, I" NPSH F to 1-1/2" NH M I Intercom Set 1 Ladder, 10' Attic I Ladder, 14' Roof I Ladder, 24' Extension 4 Lantern, Hand, 12 Volt 5 Lights, for Trallic Cones, Bashing amber 1 Log Book, %v/Credit Card I Mallet, Rubber 2 McCleod / Than Claw I Mount, Ground, Deluge d Nozzle, I", Combination 5 Nozzle, I Y", Combination (2 structural / 3 Wildland) I Nozzle, Deluge Set w/Stream Straichlener and Tips 1-3/8", 1-1/2", 1-3/4" 2" 1 Nozzle, Deluge Combo, 500 1,250 gpm 1 Nozzle, 1 Y", Foam, Air Aspiration I Nozzle, 2/i', Fog 2 Nozzle, 2'/", Shutoff wfrips 1 Cal EMA Operations/Maintenance Bulletins 2 Pike Pole (6' & 8') 2 Plug, 2-1/2" Suction 1 Pulaski 1 Radio, Bendix-King, Icandheld Serial', Cul EMAP, DGS,". Radio_ Kemwod \iobilr Scrim° Cal IIM:V, DGS; Reducer. 1-1/" Nle P m t"" NPSH M REMARKS: 01100 I Reducer, 2-1/2"NHF to I-1/2"NHM I Reflector Kit, 3 -Unit 2 Rope, 1/2" x 100', Utility 1 Shovel, Long Ilandle, Round Point, Fiberglass Ilandle 1 Siamese, 2-1/2" 2 Soft Suction Hose, 3" x 12' 1 Strainer, Class A Foam (in fill tower) _. _... 1 Strainer, 1 %a' Hard Suction Hose 1 Strainer, 6" Hard Suction Hose 4 Strap, Hose unit Ladder 3 Tee, Wildland l'/:"NNM1Fx l"NPSFI 2 Wrench, Adjustable I lydrant 2 Wrench, F71-1/2", Forestry 1 Wrench, Suction Hose Spanner 4 Wrench, Hose Spanner 1 Wye, Gated 2-1/2" NSF x 2-1 I/2" NSM *...... k..... **U5'&R INVENTORY:"*sseeex•+aeeo-a 1 Axe, Flathead 1 Backboard, w/4 Straps 1 Buckboard;' Head Immobilizer 2 Bar, Claw, Wrecking, 3' 4 Bar, Pinch Point, Pry, 60" 3 Belt, Carpenter 12 Blade, Hacksaw, Carbide 2 Blanket, Disposable 27 Carabincr, Locking, "D", 11 mm 1 Chainsaw, w/ carbide chain and tool kit, Cal EMAP, Seriahl 2 Chisel, Cold, 1" x 7-7/8" 2 Chemical Light it 2 Edge Protectors I Emergency Signaling Device (Whistle) 2 Friction Device, (Fig. 8 w/ Brake Bar Rack) 2 Hacksaw 2 Handsaw, Crosscut, 26". 3 Hammer, Framing, 24 oz 4 Hammer, Sledge, 3-4 Ib., Short 2 Harness, Body, Commercial (Class 2 or better) 2 Haul Bae 2 Jack, hydraulic w/Handle (8 ton) 2 Kemmantle, '/," x 150', Static, NFPA Approved I Knife, Utility 3 Level, 6" I Litter & Litter Cover 1 Litter Pre -rig 2 Load Release 6 for Loop, Pmsik 1 Marking Kit, Building 2 Multipoint Collection Plate 3 Nails, (25 lbs. Each: 16d, 8d) 6 Picket, Steel, I"x4' 3 Pulley, Rescue, Pntsik Minding 1 Shovel, Scoop, "D" Handle, Fiberglass Handle I Shovel, Long I Inndle, Square Point, Fiberglass Ilandle 3 Square, (Tri or Speed) I Square, Framing, 24"' 3 Tape Measure, 25' 2 'tape, Barrio 2 Tape, Duct I Tool; Kit I Trauma Kir I Wehhing kit. (6 en: l"x5'.I"xl'' 1"x15',1"x20') ACCEPTED BY: l 1 VLE: DE[ ARTMENT: DA IT: A-1 4/2012 Agreement for Temporary Transfer of Vehicular Equipulent 1. 'jw'um CALIFORNIA EMERGENCY MANAGEMENT AGENCY Fire and Rescue Division EXHIBIT `B" TEMPORARY CAL EMA APPARATUS ASSIGNMENT RECORD NO. ARTICLE CAL EMA DECAL QUANTITY 1. 1,250 gpm Triple Combination Fire Engine, complete with equipment per attached Exhibit "A" of Agreement for Temporary Transfer of Vehicular Equipment. Cal EMA 1 2. License No: 3. VIN No: 4. Engine No: 5. Proof of Insurance: 6. Inventory Completed: 7. 8. 9. 10. IL 11. REASON FOR TEMPORARY TRANSFER: New AsslEnee SIGNATURES: PERMANENT ASSIGNEE Date TEMPORARY ASSIGNEE 13-1 4/2012 1 Agreement For of Vehicular Equipment OWM UI 1.0111U1111U CALIFORNIA EMERGENCY MANAGEMENT AGENCY Fire and Rescue Division EXHIBIT "C" INSURANCE REQUIREMENTS Part of the Agreement through which the State makes a temporary transfer of vehicular equipment is the Agreement on the part of the ASSIGNEE to furnish certain evidence of insurance. Your organization, as an ASSIGNEE of equipment, will want to be mindful of these requirements and assure they are complied with. If self-insured, in lieu of a certificate of insurance, a written statement of self-insurance shall be furnished on official letterhead and agreeing to hold Cal EMA harmless From any personal injury or property damage claims arising out of the maintenance, use or operation of the Apparatus. Liability Insurance A certificate of insurance shall be furnished to the State providing minimum limits of insurance as follows: BODILY INJURY and PROPERTY DAMAGE LIABILITY $1,000,000.00 PER OCCURE NCE A certificate of insurance will have the following provisions included: 1. The State of California shall be named Additional Insured. 3. The insurance company shall agree that in the event of cancellation, 15 days prior written notice will be given to the State. 3. The State shall not be responsible for premium or assessments. 4. Certificate of Insurance must include the description of the Apparatus including identification number. State license number and Cal EMA unit number. Physical Damage Insurance The transfer agreements place certain responsibilities upon your organization for the safekeeping of the vehicle and equipment. The State will look to your organization for reimbursement for repair or replacement cost in the event the vehicle or equipment is damaged by misuse or negligence or by other causes, except normal wear and tear, acts of God and conditions over which your organization has no control. Description of Apparatus VEHICLE License Number: VIN Number. Engine Number: EQUIPMENT Hose and Appliances VALUE C-1 4/2012 Agreement for Temporary Transfer of Vehicular Equipment