TOWN OF DARROUZETT VOLUNTEER FIRE DEPARTMENT TOWN OF DARROUZETT AGREEMENT

STATE OF TEXAS COUNTY OF LIPSCOMB

WHEREAS, the Town of Darrouzett (hereinafter Town of Darrouzett or Town) desires to fulfill its fire protection responsibility and provide fire protection and emergency rescue services for the Town; WHEREAS, the Town of Darrouzett Volunteer Fire Department (hereinafter Department) desires to provide fire protection and emergency rescue services for the Town and its vicinity; WHEREAS, it is the desire of both parties that Department receive adequate funding, equipment, and facilities to provide fire protection and emergency rescue services for the Town; and WHEREAS, Town and Department desire to cooperate for the benefit of the community of Darrouzett. NOW THEREFORE, it is the desire of the parties to evidence their Agreement as follows: 1. Department agrees to exert its best effort to respond to and combat any and all fires and potential fires and to respond to any and all emergency rescues within the Towns city limits. Where requested or dispatched, and where the current Department Fire Chief determines that the Departments response to the request or dispatch is reasonable considering both the Departments available equipment and available volunteers, then the Department may respond to fires outside of Towns city limits. 2. Department is responsible for the supervision and proper training of its volunteers. At all times, Department is required to have at least five (5) volunteers trained to operate the City Pumper. 3. Town agrees to provide equipment, facilities, and funds for the Department to operate within Towns city limits. a. Items furnished by Town, in support of this Agreement, will remain Town property, but will be withdrawn only with Agreement of Department, unless there is a material breach of this Agreement or a breach of a material term to this Agreement. (However, regarding emergency reassignment of equipment, see section 6.a. below.) b. One month prior to each fiscal year of Town, Department will submit to the City Manager or Town Council a preliminary budget, for needs relating to Town fire

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protection only, request with proposed amounts for each accounting line and a list of capital items with amounts and impact on performance. c. The City Manager or the Town Council will include the Department budget as a part of the Town's General Fund and capital program. Any items changed or eliminated from Department's budget request will be explained in the context of the Town's budget priorities and financial condition. Any funds budgeted by the Town will be strictly for the use of Town fire protection. d. Department will consider such responses and will submit a formal budget request to the Town with statements as to the impact of items that may remain in difference. e. Town will allow Department to control, operate, maintain and inspect the City Pumper for the benefit of the Town. See 4(c) of this Agreement. f. Town will provide Department one-half of the Town barn directly north of City Hall with no rent, provided however, that the Town and Department may have a separate agreement regarding utilities.

4. Department further agrees that: a. Emergency equipment furnished by Town will be used only for response to fires or other emergencies, training, public display and promotion, fire prevention, and fire education. This equipment may be assigned to authorized volunteers of Department for improved response to emergencies or other legitimate related services. i. This equipment should not be used for personal use unless there is a policy developed for that personal use that provides reasonable compensation for that personal use. This is a material term to this Agreement. b. Adequate emergency service will be provided when equipment is removed from Town's limits. Such removal is allowed only where the Department is requested or dispatched, and where the current Department Fire Chief determines that the Departments response to the request or dispatch is reasonable considering both the Departments available equipment and available volunteers, then the Department may respond to fires outside of Towns city limits c. Department will operate, and oversee maintenance of all equipment furnished by the Town to Department. Department will provide written certification to Town twice annually that all volunteers who operate vehicles and motorized equipment meet the written minimum requirements set by the Town. d. Department shall not charge for any fire protection services or any other emergency services.
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e. Towns Mayor, aldermen or City Manager may inspect any Town furnished equipment or facilities with fair, written notice to the Fire Chief of Department. They may also inspect maintenance manuals and records, and training records with the same fair, written notice. These inspections may be at any reasonable time in the presence of a member of the Department. This is a material term to this Agreement. i. Documents characterized as "equipment, maintenance and run records" shall be promptly furnished to Town by Department when requested. All other documents, including volunteer and personnel records, must be timely furnished by Department to Town when made the basis of a written open record request subject to the obligation of the Town. ii. Town will notify Department in writing whenever Department records are produced in response to a properly executed open records request. f. On a semi-annual basis, Department will provide to Town updated rosters of volunteers that will indicate the order of succession of officers who have authority to commit Department when time is critical. On a semi-annual basis, Department will provide the Town an updated roster of volunteers trained to operate the City Pumper. See 2 of this Agreement. This is a material term of this Agreement. g. Department will exert its best effort to assist in upgrading the Town's Insurance Service Organization (ISO) rating. This is a material term to this Agreement. h. The Department will provide quarterly reports to the Town Council at the Council meetings. These quarterly reports will include a written report of Departments budget. This is a material term of this Agreement. 5. The Town further agrees: a. To disburse funds as budgeted by Town Council and recommended by Department, with the concurrence of the City Manager. Where the City Manager does not disburse funds as so budgeted and recommended, he or she will provide written justification to Department and Council. b. To recognize the Fire Chief, Assistant Chiefs, Captains, and other officers designated by Department as authorized officers of the Town responsible for fire protection and emergency rescue services in the Town. Neither Town nor Department will not permit persons who are not members of Department to be represented as "fire department" personnel. c. That should any Department volunteers be employed or paid by the Town, the Town will direct that, during any call or training exercise, such employee will take direction from and be responsible to the Chief of Department.

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d. To interpret the current Town ordinances that reference adopted fire protection codes that the Fire Chief and authorized representatives control fire scenes from their arrival until the fire is out, overhaul is complete, the scene is safe, and control is released to Town or to the owners. Except in the case of police performing police functions at concurrent police emergencies, all persons on the scene are subject to this control. Any person who will not accept this authority will leave the scene or shall be charged as defined in the ordinances. The scene encompasses: i. Property endangered by actual or reported fire or other emergency for which Department has been called; ii. Access to property for fire suppression and emergency measures; iii. Working space and ingress and egress; and iv. Emergency vehicles, hoses, and hydrants. e. To designate an officer of Town to coordinate other Town functions on fire or other emergency scenes with Department officer in charge of the scene. Unless otherwise designated by Town, this will be the Mayor of Town. f. To provide appropriate insurance for Town and Department and to advise Department whenever changes occur. A copy of applicable policies (along with any changes or amendments) will be provided to Department annually. Current Policies provided by Town for Department are: coverage on the City Pumper, workers compensation insurance for the Department volunteers and liability insurance for the Town barn. This is a material term of this Agreement. g. To approve any reasonable bylaws or resolutions intended to govern the Department that are presented by the Department for the Towns approval. 6. Town and Department hereto agree: a. In case of emergency as defined in Town's current Emergency Management Plan or Town, citing the immediate danger to life, limb and/or valuable property, may temporarily reassign items of equipment for use in the emergency. In such cases Town shall advise Department that Town is responsible for the consequences. These items will be returned or replaced within a reasonable period of time. b. Mutual aid or Inter-local agreements for fire services may be negotiated by either party, but such Agreements will be effective only with the concurrence of both Town and Department, as indicated by authorized signatures. Any monies or equipment received by the Town that is intended for use by the Department shall be transferred to the Department. Such receipts or transfers shall not be allocated towards the amount budgeted by the Town for the Department. c. Nothing in this Agreement shall imply that members of Department are agents, employees or subcontractors of Town.
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d. Nothing in this Agreement shall preclude Department from being licensed by the Texas Department of Health as a First Responder organization. e. Fire Chief of Department and the City Manager will work together in cooperation for the performance and administration of this Agreement. This is a material term of this Agreement. f. The requirements of State or Federal Law will be followed in any case where they conflict with this Agreement. Any provision of this Agreement prohibited by the laws of Texas shall be ineffective to the extent of that prohibition without invalidating the remaining provisions of this Agreement.

g. This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. Any revisions to this Agreement must be in writing, reference this Agreement, and be signed by the Mayor, City Manager and Fire Chief currently in office at the time of the written revision. This Agreement may be executed in counterparts and, if so executed, shall be valid, and binding. Such counterparts may be delivered in digital or facsimile form, and are not required to be original. In the event counterparts of this Agreement are executed, the execution pages, may be combined with the other pages of this document so as to form what shall be deemed an original instrument showing execution by all parties hereto. h. No failure or delay by either Town or Department in exercising any right, power or remedy under this Agreement shall operate as a waiver of any such right, power or remedy. i. If a dispute arises from or relates to this Agreement or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute in an amicable manner by mediation with the mediator, mediation date and location, and the parties may agree. If the parties cannot agree, the meditator, mediation date and location shall be determined by the 31st District Court, in and for Lipscomb County, Texas. All fees and expenses of any mediation proceedings shall be borne by the Town and Department equally. However, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence. Any material breach of this Agreement will allow the non-breaching party to void this Agreement by providing written notice of termination due to voided Agreement with at least fifteen (15) days prior to termination. In the event of a voided Agreement, the parties will neither be responsible for any duties nor entitled to any rights after the fifteen (15) day notice period.

j.

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