## Agreement

**between**

**The United States Department of the Interior**

**National Park Service**

**and the**

**Town of Cheyenne, Oklahoma**

This Agreement is entered into by and between the National Park Service
(hereinafter "NPS"), United States Department of the Interior, acting
through the Superintendent of Washita Battlefield National Historic Site
(hereinafter "Park"), and the Town of Cheyenne, Oklahoma, acting through
its Mayor.

**ARTICLE I -- [BACKGROUND AND OBJECTIVES]{.underline}**

The objective of this Agreement is to establish the terms and conditions
under which the parties will provide mutual assistance in preventing,
detecting, and suppressing structural fires and wildfires and in
conducting search and rescue operations on lands within the Park's
boundaries, within the Town of Cheyenne, and in the immediate
surrounding area.

Currently the NPS is primarily responsible for providing, through an
Interagency Acquisition Agreement with the Forest Service, United States
Department of Agriculture, fire prevention, detection, and suppression
and for conducting search and rescue operations on federally owned land
within the Park. The Cheyenne Fire Department is primarily responsible
for providing fire prevention, detection, and suppression and for
conducting search and rescue operations within the Town of Cheyenne and
in the immediate surrounding area (including non-federally owned land
within the Park's boundaries).

**ARTICLE II** - **[AUTHORITY]{.underline}**

This Agreement is entered into under the authority of *42 U.S.C.*
*§1856a (1994).*

**ARTICLE III -- [STATEMENT OF WORK]{.underline}**

A. **The NPS agrees to:**

> 1\. Furnish, when requested by the Cheyenne Fire Department,
> qualified, on-duty NPS employees to assist in the suppression of
> structural fires and wildfires and in search and rescue operations
> within the Town of Cheyenne or in the immediate surrounding area
> whenever the furnishing of such assistance does not seriously impact
> the conduct of Park business. For purposes of interpreting this
> Agreement, NPS employees are deemed to be "on duty" from 8:00 a.m. to
> 5:00 p.m., Monday through Friday. Authorized, on-duty NPS employees
> will be deemed to be acting within the scope of their federal
> employment when responding to calls from the fire department.
>
> 2\. Provide federal worker's compensation coverage for authorized,
> on-duty NPS employees who respond to calls from the Cheyenne Fire
> Department.
>
> 3\. Provide to the Cheyenne Fire Department an annual familiarization
> tour of the Park's facilities, equipment, and access points.

B. **The Town of Cheyenne agrees to:**

> 1\. Furnish, when requested by the NPS, available qualified personnel,
> fire equipment, and rescue equipment to assist in the suppression of
> structural fires and wildfires and in search and rescue operations on
> federally owned land within the Park.
>
> 2\. Provide worker's compensation coverage for qualified, off-duty NPS
> employees who are members of the Cheyenne Fire Department and who
> respond to calls from the fire department for assistance within the
> Town of Cheyenne or in the surrounding area.
>
> 3\. Provide to the NPS an annual familiarization tour of the Cheyenne
> Fire Department's facilities and equipment.

C. **The parties further agree as follows:**

1.  Each party will provide to the other party a list of responsible
    persons, with telephone numbers, to be contacted in an emergency. At
    least once a year, or more often if necessary, each party will
    provide the other party with an updated list of such persons and
    telephone numbers.

> 2\. Each party will provide to the other party copies of current fire
> management plans for their areas of primary responsibility, including
> maps of areas involved and descriptions of special or extraordinary
> actions to be taken.
>
> 3\. Only Minimum Impact Suppression Tactics will be used when fighting
> fires within the Park. No chainsaws or ground-disturbing equipment
> such as graders or bulldozers will be used without the permission of
> the NPS Superintendent or his/her designee.
>
> 4\. After notifying the other party of a fire's discovery, either
> party may take immediate action to suppress a fire in the other
> party's area of primary responsibility in order to save life or
> property.
>
> 5\. Each party to this Agreement waives all claims against the other
> party for compensation for any loss, damage, personal injury, or death
> occurring in consequence of the performance of this Agreement.
>
> 6\. Neither party to this Agreement will reimburse the other party for
> all or any part of the cost incurred by such party in providing fire
> protection pursuant to this Agreement.
>
> 7\. Nothing in this Agreement will be construed as obligating the NPS
> to expend in any one fiscal year any sum in excess of the monies
> appropriated by Congress and allocated by the NPS for the performance
> of this Agreement.

**ARTICLE IV -- [TERM OF AGREEMENT]{.underline}**

This Agreement will be effective for a period of five years from the
date of final signature, unless it is terminated earlier by one of the
parties pursuant to Article X that follows.

**ARTICLE V -- [KEY OFFICIALS]{.underline}**

A. Key officials are essential to ensure maximum coordination and
communications between the parties and the work being performed. They
are:

1\. **For the NPS:**

> Agreement Technical Representative
>
> Washita Battlefield National Historic Site
>
> P.O. Box 890
>
> Cheyenne, Oklahoma 73628
>
> \(580\) 497-2742

2\. **For the Town of Cheyenne, Oklahoma:**

> Mayor
>
> Town of Cheyenne
>
> **\[Insert address and telephone number here.\]**

B. **Communications** - The City will address any communication
regarding this Agreement to the agreements technical representative with
a copy to the Contracting Officer, and to the superintendent of the
area. Communications that relate solely to routine operational matters
described in the current work plan may be sent only to the
superintendent.

C. **Changes in Key Officials** - Neither the NPS nor the City may make
any permanent change in a key official without written notice to the
other party reasonably in advance of the proposed change. The notice
will include a justification with sufficient detail to permit evaluation
of the impact of such a change on the scope of work specified within
this Agreement. Any permanent change in key officials will be made only
by modification to this Agreement.

**ARTIVLE VI -- [FUNDING]{.underline}**

Funds will not be exchanged under this Agreement. In-kind services will
be exchanged as set forth in Article III.

**\[If compensation is to be reciprocally provided, sample language
follows and should be tailored to the specific agreement:\]**

The parties may choose to reimburse each other by mutual agreement.
Billing and payment procedures should be outlined.

**ARTICLE VII -- [PRIOR APPROVAL]{.underline}**

Not applicable.

**ARTICLE VIII -- [REPORTS AND/OR OTHER DELIVERABLES]{.underline}**

Upon request and to the full extent permitted by applicable law, the
parties will share with each other final reports of incidents involving
both parties.

**ARTICLE IX -- [PROPERTY UTILIZATION]{.underline}**

Unless otherwise agreed to in writing by the parties, any property
furnished by one party to the other will remain the property of the
furnishing party. Any property furnished by the NPS to the Town of
Cheyenne during the performance of this Agreement will be used and
disposed of as set forth in NPS Property Management Regulations.

**ARTICLE X -- [MODIFICATION AND TERMINATION]{.underline}**

A. This Agreement may be modified only by a written instrument executed
by the parties.

B. Either party may terminate this Agreement by providing the other
party with thirty (30) days advance written notice. In the event that
one party provides the other party with notice of its intention to
terminate, the parties will meet promptly to discuss the reasons for the
notice and to try to resolve their differences.

**ARTICLE XI -- [STANDARD CLAUSES]{.underline}**

A. **Civil Rights**

> During the performance of this Agreement, the participants agree to
> abide by the terms of U.S. Department of the Interior - Civil Rights
> Assurance Certification, non-discrimination and will not discriminate
> against any person because of race, color, religion, sex, or national
> origin. The participants will take affirmative action to ensure that
> applicants are employed without regard to their race, color, sexual
> orientation, national origin, disabilities, religion, age, or sex.

B. **Promotions**

> The Town of Cheyenne will not publicize or otherwise circulate
> promotional material (such as advertisements, sales brochures, press
> releases, speeches, still and motion pictures, articles, manuscripts,
> or other publications) which states or implies Governmental,
> Departmental, bureau, or Government employee endorsement of a product,
> service, or position which the Town of Cheyenne represents. No release
> of information relating to this Agreement may state or imply that the
> Government approves of the Town of Cheyenne's work product or
> considers the Town of Cheyenne's work product to be superior to other
> products or services.

C. **Public Information Release**

**Publications of Results of Studies**

> No party will unilaterally publish a joint publication without
> consulting the other party. This restriction does not apply to popular
> publication of previously published technical matter. Publications
> pursuant to this Agreement may be produced independently or in
> collaboration with others; however, in all cases proper credit will be
> given to the efforts of those parties contributing to the publication.
> In the event no agreement is reached concerning the manner of
> publication or interpretation of results, either party may publish
> data after due notice and submission of the proposed manuscripts to
> the other. In such instances, the party publishing the data will give
> due credit to the cooperation but assume full responsibility for any
> statements on which there is a difference of opinion.

**ARTICLE XII -- [SIGNATURES]{.underline}**

**IN WITNESS WHEREOF**, the parties hereto have executed this Agreement
on the date(s) set forth below.

**FOR THE NATIONAL PARK SERVICE:**

Signature:

Name:

Title: [Superintendent]{.underline}

[Washita Battlefield N.H.S.]{.underline}

Date:

**FOR THE TOWN OF CHEYENNE, OKLAHOMA:**

Signature:

Name:

Title: [Mayor]{.underline}

Date: