Common use of AUTHORITY TO MAINTAIN DELIVERY OF SERVICES Clause in Contracts

AUTHORITY TO MAINTAIN DELIVERY OF SERVICES. In the event that the Fire Department’s Board of Directors determines that the Fire Department is unable to reliably deliver the services described herein, for reasons including, but not limited to, resignation or withdrawal of volunteer, part- time or full-time members or other withdrawal or loss of ability to deliver services, the Fire Department’s Board of Directors shall immediately so notify the County, at which time the Fire Department authorizes the County or its agents to suspend the monthly payment to the Fire Department and to use such Department facilities and equipment as are necessary to maintain the delivery of fire services in the Fire Department’s primary service area (to the extent the Fire Department exercises operational control and/or ownership interest over such facilities and equipment), so that an interruption of the Fire Department’s ability to deliver fire services will not interfere with the standards of fire protection service provided for in this Agreement. Should such use become necessary, upon the request of the Fire Department, the County and the Fire Department’s Board will jointly select an independent third-party trustee who will regularly evaluate the County’s use of such Fire Department facilities, equipment and resources on behalf of the Fire Department. During the time that the Fire Department is unable to provide services, the Board of Directors of the Fire Department shall cooperate with the Fire Commission. The Fire Commission shall determine if the Fire Department is able to resume delivery of reliable service.

AUTHORITY TO MAINTAIN DELIVERY OF SERVICES. In the event that the Fire Department’s Board of Directors determines that the Fire Department is unable to reliably deliver the services described herein, for reasons including, but not limited to, resignation or withdrawal of volunteer, part- part-time or full-time members or other withdrawal or loss of ability to deliver services, the Fire Department’s Board of Directors shall immediately so notify the County, at which time the Fire Department authorizes the County or its agents to suspend the monthly payment to the Fire Department and to use such Department facilities and equipment as are necessary to maintain the delivery of fire services in the Fire Department’s primary service area Response District (to the extent the Fire Department exercises operational control and/or ownership interest over such facilities and equipment)) either through County forces or by contract with another fire department, so that an interruption of the Fire Department’s ability to deliver fire services will not interfere with the standards of fire protection service provided for in this Agreement. Should such use become necessary, upon the request of the Fire Department, the County and the Fire Department’s Board will jointly select an independent third-party trustee who will regularly evaluate the County’s use of such Fire Department facilities, equipment and resources on behalf of the Fire Department. During the time that the Fire Department is unable to provide services, the Board of Directors of the Fire Department shall cooperate with the Fire CommissionMarshal’s Office. The Fire Commission Marshal’s Office shall determine if the Fire Department is able to resume delivery of reliable service. If the Fire Department is unable to resume services, or the County does not renew the Fire Departments contract, then the parties shall distribute the equipment and facilities in the manner set forth in Section 23.

AUTHORITY TO MAINTAIN DELIVERY OF SERVICES. In the event that the Fire Department’s Board of Directors determines that the Fire Department is unable to reliably deliver the services described herein, for reasons including, but not limited to, resignation or withdrawal of volunteer, part- time or full-time members or other withdrawal or loss of ability to deliver services, the Fire Department’s Board of Directors shall immediately so notify the County, at which time the Fire Department authorizes the County or its agents to suspend the monthly payment to the Fire Department and to use such Department facilities and equipment as are necessary to maintain the delivery of fire services in the Fire Department’s primary service area (to the extent the Fire Department exercises operational control and/or ownership interest over such facilities and equipment), so that an interruption of the Fire Department’s ability to deliver fire services will not interfere with the standards of fire protection service provided for in this Agreement. Should such use become necessary, upon the request of the Fire Department, the County and the Fire Department’s Board will jointly select an independent third-party trustee who will regularly evaluate the County’s use of such Fire Department facilities, equipment and resources on behalf of the Fire Department. During the time that the Fire Department is unable to provide services, the Board of Directors of the Fire Department shall cooperate with the Fire Commission. The Fire Commission shall determine if the Fire Department is able to resume delivery of reliable service.