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State of California <br /> GOVERNOR'S OFFICE OF EMERGENCY SERVICES <br /> Fire and Rescue Division <br /> 4 HOUSING, MAINTENANCE, REPAIR, AND REPLACEMENT During the term of this transfer, <br /> ASSIGNEE agrees to adequately house in an enclosed secure structure, staff, operate, maintain <br /> and repair{consistent with section 4b) said fire apparatus and equipment (hereinafter collectively <br /> referred to as "the Apparatus" except where it is desired to refer to equipment alone, in which <br /> case the term "Equipment" is used) at its sole cost and expense, except as otherwise expressly <br /> provided in this Agreement ASSIGNEE also agrees to complete all reports and maintain <br /> records consistent with Section 14 Apparatus shall be housed on property of the ASSIGNEE in <br /> a manner to provide reasonable protection against inclement weather, sabotage, theft, or <br /> malicious damage Apparatus shall be maintained in such condition that it is available for <br /> immediate emergency use, and at the same standard as other emergency apparatus operated by <br /> ASSIGNEE. Maintenance shall include care of hose, batteries, tires, appliances, lubrication and <br /> fuel, general cleaning and polishing, minor body repairs and periodic testing Repairs shall <br /> include, without being limited to, motor tune-ups, pump repairs, transmission, differential and all <br /> running gear, brake and exhaust systems, cooling devices including radiator, pump packing, and <br /> equipment assigned to Apparatus <br /> a Repairs to the extent of $100 00 for each individual item of repair shall be the <br /> responsibility of ASSIGNEE. <br /> b Repairs to the extent that they exceed $100 00 for each individual item of repair <br /> shall be the responsibility of CAL OES on a $100 00 deductible basis, unless in the judgment of <br /> the CAL OES the need for repair results from misuse or negligence on the part of ASSIGNEE <br /> in the maintenance or use of the Apparatus, in which event the cost of each such item of repair <br /> above $100.00 shall also be the responsibility of ASSIGNEE In no event shall ASSIGNEE <br /> arrange for repairs costing over $100 00 for any item of repair, whether it is the responsibility of <br /> CAL OES or ASSIGNEE, without first obtaining written authorization from the Cal OES Fire <br /> and Rescue Division <br /> c Notwithstanding the foregoing, replacement of hose, batteries and tires shall be <br /> the responsibility of CAL OES, except to the extent CAL OES determines that the damage <br /> thereto is the result of negligence or misuse on the part of ASSIGNEE, in which event <br /> ASSIGNEE will bear such portion of the replacement cost thereof as the CAL OES deems <br /> equitable Procurement of tires, hose and batteries is subject to State fiscal policies and <br /> procedures, and written approval must be obtained from the Cal OES Fire and Rescue Division <br /> prior to procurement <br /> d Maintenance and repairs must be requested and authorized pursuant to the most <br /> recent version of the Cal OES Fire and Rescue Division Operations Bulletin #18, which is <br /> hereby incorporated into this Agreement by reference <br /> e Repair or replacement of the Apparatus transferred hereunder which is consumed, <br /> lost, stolen, damaged or destroyed during mutual aid operations when CAL OES has dispatched <br /> or directed the dispatch of said Apparatus through Regional or Operational Area Fire and Rescue <br /> Coordinators, or when CAL OES has reassigned said Apparatus pursuant to the provisions of <br /> paragraph 11 of this Agreement, shall be the responsibility of CAL OES, providing that any <br /> such loss or damage shall be the responsibility of ASSIGNEE, if due to the negligence of <br /> ASSIGNEE ASSIGNEE agrees that it will assume responsibility in full for the repair or <br /> replacement of Apparatus that has been consumed, lost, stolen, damaged or destroyed in <br /> 2 04/2012 <br /> Agreement fot Temporary Assignment of Vehicular Equipment <br />