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State of California
OFFICE OF EMERGENCY SERVICE
Fire and Rescue Branch
AGREEMENT FOR
TEMPORARY TRANSFER OF VEHICULAR EQUIPMENT
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THIS AGREEMENT, entered into this 15th day of August, 2008, by and between the
STATE OF CALIFORNIA acting by and between its duly appointed, qualified and acting
Director of the Governor's Office of Emergency Services, hereinafter called the "STATE," and
the Arcadia Fire Department, acting by and through its duly appointed, qualified and acting
officers, hereinafter called "TRANSFEREE ",
WITNESSETH:
IT IS HEREBY MUTUALLY AGREED between the parties hereto as follows:
1. The STATE hereby transfers possession to TRANSFEREE and TRANSFEREE hereby
accepts possession from STATE of the fire apparatus and equipment listed on the attached
Exhibit "A" which is by this reference made a part hereof, for the period commencing August 15,
2008, 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: 2008 HME /AHRENS- FOX/1871 SERIES
Vehicle Desienation: 343
Vehicle License Number: 1280636
Vehicle Identification Number: 44KFT42838WZ21336
Value of Vehicle: $309,000.00
Value of Hose and Appliances: $31,000.00
b. Equipment inventories (Exhibit "A ") may by mutual concurrence of the STATE
and TRANSFEREE be changed during the term of this agreement, utilizing property
accountability procedures established or approved by the State.
2. Housing, Maintenance, Repair and Replacement. During the term of this transfer,
TRANSFEREE agrees to adequately house in a enclosed secure structure, staff, operate,
maintain and repair (consistent with section 2 b.) 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, save as otherwise
expressly provided in this agreement. Apparatus shall be housed on property of the
TRANSFEREE 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 TRANSFEREE. Maintenance shall include care of hose, batteries, tires,
2 12/2004
Agreement for Temporary Transfer of Vehicular Equipment
u •State of California .
OFFICE OF EMERGENCY SERVICES
Fire and Rescue Branch
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 gears, brake and exhaust systems, cooling devices
including radiator, pump packing, equipment assigned to apparatus and so forth.
a. Repairs to the extent of $100.00 for each individual item of repair shall be the
responsibility of TRANSFEREE.
b. Repairs to the extent that they exceed $100.00 for each individual item of repair
shall be the responsibility of STATE on a $100.00 deductible basis, unless in the judgment of
the STATE the same results from misuse or negligence on the part of TRANSFEREE 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 TRANSFEREE. In no event shall TRANSFEREE
arrange for repairs costing above $100.00 for any item of repair, whether it deems the same to be
the responsibility of STATE or TRANSFEREE, without first obtaining authorization in writing
from the Governor's Office of Emergency Services, Fire & Rescue Branch.
C. Notwithstanding the foregoing, replacement of hose, batteries and tires shall be
the responsibility of STATE, save to the extent STATE deems damage thereto to be the result of
negligence or misuse on the part of TRANSFEREE, in which event TRANSFEREE will bear
such portion of the replacement cost thereof as the STATE deems equitable. Procurement of
tires, hose and batteries is subject to State fiscal policies and procedures, and written approval
must be obtained for the Governor's Office of Emergency Services, Fire & Rescue Branch prior
to procurement.
d. Maintenance and repairs must be requested and authorized pursuant to OES Fire
and Rescue Branch Operations Bulletin # 18, which is here by incorporated into this agreement
by reference.
e. Repair or replacement of the apparatus transferred hereunder which is consumed,
lost, stolen, damaged or destroyed during mutual aid operations when STATE has dispatched or
directed the dispatch of said apparatus through Regional or Operational Area Fire and Rescue
Coordinators, or when STATE has reassigned said apparatus pursuant to the provisions of
paragraph 10 of this agreement, shall be the responsibility of STATE, providing that any such
loss or damage is due to the negligence of TRANSFEREE under such circumstances,
TRANSFEREE shall be liable therefore to the extent that the STATE deems equitable.
TRANSFEREE agrees that it will assume responsibility in full for the repair or replacement of
equipment which has been consumed, lost, stolen, damaged or destroyed in operations other than
referred to in this paragraph.
3. Inspection of Apparatus. TRANSFEREE agrees that representatives of the Governor's
Office of Emergency Services, Fire & Rescue Branch and other authorized State personnel may
inspect the apparatus at any time
4. Staffine. 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 TRANSFEREE shall
3 7/2005
Agreement for Temporary Transfer of Vehicular Equipment
•State of California •
OFFICE OF EMERGENCY SERVICES
Fire and Rescue Branch
provide personnel to staff the assigned apparatus per FIRESCOPE ICS standards. The OES
engine may be assigned to out of area assignments for up to 14 days, plus travel time. When
local government personnel, staffing OES 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 OES.
5. Training. Personnel assigned shall meet wildland fire and ICS standards established in
the California Incident Command Certification System (CICCS) or NWCG 310 -1 (August 2002
version). Personnel assigned to OES Engine 253 and above 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.
6. Dispatching. All movement of the apparatus shall be handled through the official
dispatching channels of TRANSFEREE. TRANSFEREE dispatchers will recognize and act on
all official requests for movement of the apparatus in conformance with the Fire and Rescue
Annex (California Fire & Rescue Mutual Aid System) to the State Emergency Plan and its
subsequent revisions. STATE reserves the right to dispatch, direct the dispatch of or
temporarily reassign the said apparatus and equipment whenever, in the opinion of the Director
of the Office of Emergency Services, his representatives or Operational Area and Regional Fire
and Rescue Coordinators, such equipment and apparatus is essential to the protection of life and
property in another jurisdiction or in the best interest of the STATE.
7. Mutual Aid Response. Procedures for mutual aid response shall be in accordance with
California Fire Service and Rescue Emergency Mutual Aid Plan.
8. Reimbursable Response. Reimbursement for mutual aid may be provided 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. There is no other existing provision for mutual aid reimbursement.
9. Temporary Use. TRANSFEREE shall be permitted to use their assigned apparatus for
temporary cover of fire stations when emergency conditions warrant, or when regular apparatus
is out of service for repairs. In either case the ASSIGNEE shall immediately notify the
Operational Area Dispatch Center. The ASSIGNEE further agrees that Cover -in or Standby of
said fire apparatus exceeding 90 days is at the discretion of the STATE
10. Temporary Transfer.
a. An assignment of the apparatus or any portion thereof by TRANSFEREE 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 STATE, providing that
at the time such apparatus is received, such assignee furnish TRANSFEREE and STATE a
letter to the effect that he assumes all obligations of TRANSFEREE with respect to such
apparatus under this agreement during the period of assignment, including insurance coverage in
4 7/2005
Agreement for Temporary Transfer of Vehicular Equipment
•State of California •
OFFICE OF EMERGENCY SERVICES
Fire and Rescue Branch
accordance with Paragraph 13 or 14, as appropriate. Any assignment by TRANSFEREE for a
period of more than seven consecutive days shall be subject to authorization by the STATE 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 TRANSFEREE shall be relieved of its obligations under this agreement
during such period of assignment.
C. Complete a written Temporary OES Apparatus Assignment Record, Exhibit "B ".
The TRANSFEREE will retain one copy, the Temporary Assignee will retain one copy, and one
copy will be forwarded to the Governor's Office of Emergency Services Fire and Rescue
Branch.
11. Reports and Records. TRANSFEREE shall maintain daily and monthly reports on the
details of Apparatus Use on OES F -101 Form. A Smoke Opacity Test, Pump Test, and. Hose
Test, shall be completed annually. Written results of all tests and reports shall be forwarded to
the Governor's Office of Emergency Services, Fire & Rescue Branch, by the end of the calendar
year. A recent copy of the tests and reports shall be maintained in the vehicle logbook.
12. Report of Accidents. TRANSFEREE shall immediately notify OES Fire and Rescue
following any and all accidents involving this apparatus. It shall be the responsibility of
TRANSFEREE to fill out State Form 270, "Report of Automobile Accident," and file the report
with the Governor's Office of Emergency Services. A copy of this report shall be retained by the
TRANSFEREE and the original and four copies forwarded to the Governor's Office of
Emergency Services.
13. Insurance Protection. (Non- State Aeencies)
a. TRANSFEREE agrees forthwith to furnish evidence of insurance protecting the
legal liability of the TRANSFEREE and the STATE for liability and/or property damage with a
combined single limit of 1,000,000.00 per occurrence, by means of a Certificate of Insurance
naming 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. STATE and that the STATE 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 OES unit number.
b. In the event the TRANSFEREE is self - insured, TRANSFEREE in lieu of a
certificate of insurance shall furnish the STATE a written statement of such fact. In such event
TRANSFEREE agrees to hold the STATE 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 will be named as a loss payee. The description of the
5 7/2005
Agreement for Temporary Transfer of Vehicular Equipment
•State of California •
OFFICE OF EMERGENCY SERVICES
Fire and Rescue Branch
vehicle and the necessary amount of insurance required is outlined in attached Exhibit "C" which
is by this reference made a part hereof.
14. Insurance Protection. (State Agencies)
apparatus shall be the sole responsibility of
TRANSFEREE agrees to report apparatus as
Department of General Services.
15. Termination of Agreement.
Any insurance necessary for coverage of the
the department having custody of the vehicle.
being under its control to the Insurance Officer,
a. Either party may terminate this agreement upon 14 days written notice to other
patty, or TRANSFEREE may relinquish or STATE may repossess any portion of the apparatus
upon like notice to the other party, except that STATE 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, TRANSFEREE agrees to return said
apparatus in the same condition as received, reasonable wear and tear, acts of God, and
conditions over which he has no control excepted.
C. As inventory changes occur, or items of equipment are replaced, deleted or added
by the STATE or replaced by TRANSFEREE, 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. TRANSFEREE further
agrees that all replacements for equipment or apparatus will be made with identical or
substantially like items as approved by the STATE.
d. Nothing in this agreement shall be construed to create a new property interest or
right of action for the TRANSFEREE.
16. Unauthorized Use of OES Apparatus and Equipment. Use of this apparatus other than as
specified in paragraph 1 will be considered a breach of this agreement
17. Use of Radio Equipment
a. STATE will furnish at STATE'S sole cost, radio equipment installed in the
apparatus to be operated on the following frequencies: 151.145 - 170.925 .
b. STATE agrees to maintain said equipment without cost to TRANSFEREE.
C. The TRANSFEREE 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 STATE, 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
6 7/2005
Agreement for Temporary Transfer of Vehicular Equipment
State of California .
OFFICE OF EMERGENCY SERVICES
Fire and Rescue Branch
activate this agreement and in compliance with the control requirements of the Communications
Act of 1934, as amended, the STATE hereby deputizes the Chief of the agency of said
TRANSFEREE, 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. STATE assumes no liability hereunder for claims or losses accruing or resulting
to any person, firm or corporation famishing 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.
18. All notices herein provided to be given, 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 TRANSFEREE at
Arcadia Fire Department, 710 South Santa Anita Avenue, Arcadia, CA, 91006, and to the
STATE at Governor's Office of Emergency Services, Fire & Rescue Branch, 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.
19. 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.
20. The STATE 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.
IN WITNESS WHEREOF the parties hereto have executed this agreement upon the date first
above written.
TRANSFEREE:
Arcadia Fire Department
B
y
Tony L. cabbie, Chief
STATE OF CALIFORNIA:
Henry Renteria
Director
Governor's Office of Emergency Services
By
Kir
7 7/2005
Agreement for Temporary Transfer of Vehicular Equipment
•State of California •
OFFICE OF EMERGENCY SERVICES
Fire and Rescue Branch
EXHIBIT "A" - EQUIPMENT INVENTORY: OES -314 thru 335
ENGINE LICENSE
VIN
NUMBER: 343 NUMBER: 1280636
NUMBER: 44FKT42838OZ21336
I
Adapter, 6" x 2.1/2 ", DF Hydrant
I
Reflector Kit, 3 -Unit
I
Adapter, 6" x 4 ", DF Hydrant
2
Rope, 12" x 100', Utility
I
Adapter, 6" x 4 -12 ", DF Hydrant -
1
Shovel, Long Handle, Round Point, Fiberglass Handle
I
Axe, Pickhead
1
Siamese, 2 -12"
2
Block, Chock
2
Soft Suction Hose, 3" x 12'
2
Cans, Fuel
1
Strainer, Class A Foam (in fill tower)
4
Cap, 2.12" Discharge
1
Strainer, 6" Hard Suction Hose
I
Chain, Tow 25', w /Grab Hooks
4
Strap, Hose and Ladder
I
Clamp, Hose (Hebert)
2
Wrench, Adjustable Hydrant
2
Coupling, 2 -12 ", DF
2
Wrench, I "/I -1/2 ", Forestry
2
Coupling, 2 -12 ", DM
I
Wrench, Suction Hose Spanner
I
Crank, Hose Reel
4
Wrench, Hose Spanner
I
Cutter, Ball, 30"
1
Wye, Gated 2 -1/2" NSF x 2 -1 12" NSM
I
Fire Extinguisher, 5#
* * *
* * * * * * * * * * * *US &R INVENTORY:* * * ** * * * **** * **
I
First Aid Kit
1
Axe, Flathead
1
Floto Pump, DES# 156543Serial# GCAAK - 1444144
I
Backboard, w/4 Straps
I
Backpack, Thermo -Gel
2
Bar, Claw, Wrecking, 3'
1
Gel — Pick -up Tube -
4
Bar, Pinch Point, Pry, 60"
1
Gel — Eductor & Nozzle
3
Belt, Carpenter
2
Gel — Concentrate, 5 Gal.
12
Blade, Hacksaw, Carbide
I
Generator, 3500 Kw DES# EAAJ- 1672098 Serial# 156541
2
Blanket, Disposable
2
Hammer, Sledge, 8 -10 lb.
27
Carabiner, Locking, "D ", I1 mm
8
Hose, I" x 100', NST
1
Chainsaw, w/ carbide chain and tool kit, OES# 156542
1
Hose, 1 -12" x 35', Track Protection Line
Serial# 1680
12
Hose, 1 -12" x 50', NST
2
Chisel, Cold, V x 7 -7/8"
8
Hose, I -12" x 100', Forestry
2
Chemical Light Kit
24
Hose, 3" x 50', NST
2
Cribbing & Wedge Kit
2
Hose, Booster V x 100'
2
Edge Protectors
2
. Hose, Had Suction 6' x 10'
1
Emergency Signaling Device
1
Hose, Soft Suction 6" x 12' -
2
Friction Device, (Fig. 8 w/ Brake But Rack)
I
Increaser, 1" IPF to 1 -12" NSM
2
Hacksaw
I
Intercom Set
2
Handsaw, Crosscut, 26 ".
1
Ladder, 10' Attic
3
Hammer, Framing, 24 oz
I
Ladder, 14' Roof
4
Hammer, Sledge, 34 lb., Short
I
Ladder, 24' Extension
2
Hamess, Commercial (Class 2 or better)
1
Lantern, Hand, 12 Volt
2
Haul Bag
I
Log Book w /Credit Card
2
Jack, Hydraulic w/Handle (8 ton)
1
Mallet, Rubber
2
Kemmantle, 'h" x 150', Static, NFPA Approved
2
McCleod
1
Knife, Utility
1
Mount, Ground, Deluge
1
Level, 6"
2
Nozzle, I", Combination
1
Litter & Litter Cover
5
Nozzle, 1 '/, ", Combination
I
Litter Pre -rig
I
Nozzle, Deluge Set w /Stream Straightener and Tips 1 -3/8 ",
2
Load Release
1 -12 ", 1.3/4 ", 2"
6
Loop, Prasik
I
Nozzle, 1 Va ", Foam, Air Aspiration
1
Marking Kit, Building
I
Nozzle, 2'/,", Fog
2
Multipoint Collection Plate
2
Nozzle, 2 V.', Shutoff w/Tips
3
Nails, (25 lbs. Each: 16p, 8p, 16p Duplex)
I
DES Operalions/Mainte awce Bulletins
6
Picket, Steel, 1" x 4'
1
Pike Pole
3
Pulley, Rescue, Prusik Minding
2
Plug, 2 -12" Suction
1
Shovel, Scoop, "D" Handle, Fiberglass Handle
1
Pulaski
I
Shovel, Long Handle, Square Point, Fiberglass Handle
I
Radio, Bendix -King, Handheld Serial# 0746103
3
Square, (Tri or Speed)
DES# 156562
1
Square, Framing, 24 "'
DGS# _
3
Tape Measure, 25'
1
Radio, Kenwood, Mobile Serial# 90900405
2
Tape, Barrier
OES# 156544
2
Tape, Duct
DGS# _
I
Took Kit
I
Reducer, 1 -12" NSF to I" IPM
t
Trauma Kit
1
Reducer, 2 -12" NSF to 1.12" NSM
t
Webbing Kit, (6 ea: 1"x5', 1"x12', I "x15', 1 "x20')
REMARKS:
ACCEPTED BY: '/!1 .�• / TITLE: /Qt r^Nlt-F
DEPARTMENT: �ii2G��� /rai�91t��T DATE:
8 7/2005
Agreement for Temporary Transfer of Vehicular Equipment
0
0
State of California
GOVERNOR'S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Branch
EXHIBIT "By'
TEMPORARY OES APPRATUS ASSIGNMENT RECORD
REASON FOR TEMPORARY TRANSFER: New Engine Assiariment
SIGNATURES:
Date R 2/.0e
PERMANI!NT TRANSFEREE
Date
TEMPORARY ASSIGNEE
9 7/2005
Agreement for Temporary Transfer of Vehicular Equipment
'QUANT
:-t'[C
NO
R L E:""
OES' i,:
11W
DECAL
1
1000 or 1250 gpm Triple Combination Fire
OES -
1
Engine, complete with equipment per attached
343
Exhibit "A" of Agreement for Temporary Transfer
of Vehicular Equipment.
2.
License No: 1280636
VIN No: 44KFT42838WZ21336
—3.
4.
En-qine No: 343
5.
Proof of Insurance:
6.
Inventory Com pleted: X
7.
8.
9.
REASON FOR TEMPORARY TRANSFER: New Engine Assiariment
SIGNATURES:
Date R 2/.0e
PERMANI!NT TRANSFEREE
Date
TEMPORARY ASSIGNEE
9 7/2005
Agreement for Temporary Transfer of Vehicular Equipment
State of California
GOVERNOR'S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Branch
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 transferee to furnish certain evidence of insurance. Your organization, as a
transferee of equipment, will want to be mindful of these requirements and assure they are complied with.
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 OCCURANCE
A certificate of insurance will have the following provisions included:
1. The State of California shall be named Additional Insured.
2. 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 OES 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 VALUE
2008 HMEIAHRENS- FOX11871 SERIES $309.000.00
License Number. 1280636
VIN Number 44KFT42838WZ21336
Engine Number. 343
EQUIPMENT
Hose and Appliance $31,000.00
10 7/2005
Agreement for Temporary Transfer of Vehicular Equipment