ORDER N0.28382 APPROVE OF VOLUNTEER FIRE DEPARTMENT CONTRACTS On this the 27th day of October, 2003 upon motion made by Commissioner Baldwin, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0, the Volunteer Fire Department contracts for the following and authorize the County Judge to sign same. Tierra Linda Volunteer Fire Department Turtle Creek Volunteer Fire Department Elm Pass Volunteer Fire Department Divide Volunteer Fire Department '} ~~ ~ t~ ~~ ~~' - COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH,ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Pat Tinley MEETING DATE: October 27, 2003 SUBJECT: (PLEASE BE SPECIFIC) ,.--~`" ~~ OFFICE: Coup ,rt~Ju TIlVIE PREFERRED: Consider and discuss approving contracts between Kerr County the following Volunteer Fire Departments and authorize the County Judge to sign same: Tierra Linda Volunteer Fire Department Turtle Creek Volunteer Fire Department Elm Pass Volunteer Fire Department Divide Volunteer Fire Department EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: County Judge IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. 5:00 P.M. previous Tuesday. KERB COUNTY VOLUNTEER FIRE DEPARTMENT CONTRACT WHEREAS, KERR COUNTY, TEXAS, hereinafter °Kerr County,' a political subdivision of the State of Texas, has the authority under Texas Local Government Code, Chapter 352 to contract with an incorporated volunteer fire department that is located within the county to provide fire protection to an area of the county that is located outside the municipalities in the county, and WHEREAS, the TIERRA LINDA VOLUNTEER FIRE DEPARTMENT, hereinafter `the TLVFD,' an incorporated volunteer fire department (IRS EIN 7 Y -z 6 6 9 z 4 3 ), and Kerr County desire to enter into a contract for the provision of fire protection services to Kerr County by the TLVFD, IT IS THEREFORE AGREED that: 1. Term. The term of this contract is one year beginning on October 1, 2003 and ending on September 30, 2004 unless earlier terrninated in accordance with the provisions below. 2. Services Provided. The TLVFD shall provide fire protection services outside its Primary Fire Response Area {PFRA) to Kerr County in accordance with the laws and rules of the State of Texas applicable to volunteer fire departments. 3. Consideration. Kerr County shall provide to the TLVFD a sum not to exceed $1,000.00 during the term of this contract. In addition Kerr County shall provide Workers Compensation coverage to the TLVFD volunteer firefighters while performing fire protection duties under this contract. The TLVFD agrees to provide to the Kerr County Treasurer, in writing, a list of all TLVFD volunteer firefighters who are eligible for such Workers Compensation coverage and to update the list when any changes occur thereto. 4. Use of Funds. Expenditures up to the amount Shown in paragraph 3. shall be made only for expenses incurred in the provision of fire protection services including, but not limited to, replacement parts, training, equipment, and insurance. No funds may be expended for a salary paid to any person. 5. Method of Payment. Unpaid invoices and billing statements for approved uses of funds may be presented to the office of the Kerr County Auditor for reimbursement to the TLVFD. In either case payments shall be made in accordance with Kerr County bill payment procedures as established by state law. 6. Insurance. During the term of this contract the TLVFD shall provide and maintain insurance coverage at the levels of limitation of liability specified in the Texas Civil Practice 8~ Remedies Code, Section 101.023 ($100,000.00 for each person and $300,000.00 for each single occurrence for bodily injury or death and $100,000.00 for each single occurrence for injury to or destruction of property). The TLVFD shall provide a Certificate of Insurance to the County Auditor not later than the beginning of the contract term. Said insurance shall apply as primary liability coverage for the TLVFD while providing fire protection services under this contract. 7. Successors. This contract shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, legal representatives, and successors. Neither party hereto shall assign this contract to another party. 8. Default. In the event either party shall fail to keep, observe, or perform any provision of this contract, the breaching party shall be deemed in default. If such default shall continue for a period of ten (10) days after notice thereof by the non-breaching party to the other, then the non- breaching party shall be entitled to terminate this contract immediately. 9. Goveming Law. This Contract shall be governed by and construed and interpreted in accordance with the laws of the State of Texas and the venue for enforcement shall be Kerr County, Texas. 10. Notices. Any notice or communication hereunder must be in writing, and may be given by registered or certified mail; if given by registered or certified mail, same shall be deemed to have been given and received when a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail; and if given otherwise than by registered mail, it shall be deemed to have been given when delivered to and received by the party to whom it is addressed. Such notices or communications shall be given to the parties hereto at the addresses set forth below. Any party hereto may at any time by giving ten (10) days written notice to the other par#y hereto designate any other address in substitution of the foregoing address to which such notice or communication shall be given. 11. Severabiliiy. If any term, covenant or condition of this contract or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this contract or the application of such term, covenant or condition to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term, covenant or condition of this contract shall be valid and shall be enforced to the fullest extent permitted by law. 12. Limits of Relationship. The parties hereby agree that this is a contract for TLVFD to provide fire protection services in Kerr County and hereby renounce the existence of any other relationship including any agency relationship. In no event shall Kerr County have any obligation or liability whatsoever with respect to any debts, obligations, or liabilities of the TLVFD, and the TLVFD shall have no authority to bind Kerr County to any contract, matter, or obligation. No duties of Kerr County are delegated to the TLVFD by this contract and any provision which is or may be held to be such a delegation shall be of no force or effect. 13. Modification: Termination. This Contract may be amended, modified, terminated, or released only by written ibstrument executed by the Kerr County Commissioners Court and the TLVFD, except as herein otherwise provided. 14. Total Agreement. This contract is a total and complete integration of any and all understandings existing between the parties hereto and supersedes any prior oral or written agreements, promises or representations between them. The headings of the various paragraphs of this contract are for convenience only, and shall not define, interpret, affect or prescribe the meaning and interpretation of the provisions of this contract. 15. Effective Date. This agreement is effective on October 1, 2003 or upon execution by both parties and certification by the Kerr County Clerk, whichever occurs latest. 16. Authori The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED in multiple originals on the 2 7thday of October , 2003. President/Chairman Pat Tinley TIERRA LINDA VOLUNTEER FIRE DEPARTMENT Kerr County Judge Date: l d - 10 - 0 3 Date: _ f O - ~7- c7 3 VOLUNTEER FIRE DEPARTMENT: TIERRA LINDA VOLUNTEER FIRE DEPARTMENT CLERK'S CERTIFICATION KERR COUNTY: COMMISSIONERS COURT KERR COUNTY COURTHOUSE 700 E MAIN ST KERRVILLE TEXAS 78028 I, JANNETT PIEPER, County Clerk of Kerr County, Texas, certify that the above agreement was approved, accepted and agreed to by the Commissioners Court of Kerr County, Texas on Ont~hPr ~ ~ , , 2003, in Order No. 2 8 3 8 2 recorded al't~i'~#~ x~Ragexxxxxxxxx , of the Minutes of the Commissioners' Court of Kerr County, Texas. ~®C~Ea~S ~,~'~ gy ~ G ~~.tk Deputy ~~~~ ~~~ ~'-9~{'~ Jan tt Pieper p ~.~ ~~~ County Clerk ~ ~~ ° ~ ~ . Kerr County, Texas ~ ~~~~-. ~tcg, ~,®,,,,~~ Date: 10 / 2 7/ 2 0 0 3 TIERRA L1~ID~`l ~J'FI~ FfJ~TE~I FIRE - AMBULANrE -SHERIFF ---•----------.______,-----..--,-----•---__.___. ----------____-- 911 GILLESPIE COUNTY SHERIFF (Direct: Llne) ----__...._._______.._.___.._ 1-800-735-0362 Fire Station (manned only during meetings and emergencies) --------------------------------- 792-3533 Ranch Foreman - Offpce 257-4154: pager ?92-2.826: Mobile 459-4088: Home 895-2073 NUMBER NAME TITLE DRIVER PHONE MOBILE PAGER Line Personnel 1 Mike Lannan Chief Y 896-7971 285-1074 2 Charlie Orr Deputy Chief, Captain Y 792-6970 459-4270 3 Ken McConnell Assistant Chief, Capt, Maint. Off Y 896-5077 4 Alan Dorsman Captain Y 792-3105 5 Geoge Turner Captain Y 896-5726 6 Zeke Anderson Fire Fig hter Y 896-1969 7 Ed Marker Fire Fig hter Y 896-5270 8 Merv Crake Fire Fig hter Y 257-2735 9 Elvis Green Fire Fiq hter 896-5395 10 Jim Caldwell Fire Fig hter 257-6584 11 Ken Watson Fire Fig hter 896-9314 214-789-9868 12 Louis Allen Fire Fig hter 257-6211 13 Russell Rogers Fire Fig hter 257-4519 14 Tom O'Brien Fire Fig hter 896-2090 15 Brian Kimmel Fire Fig hter 257-6327 16 Ray Steelhammer Fire Fig hter 792-3435 285-0635 17 John Pardue Fire Fig hter 792-9818 18 Sherrill Livesay Fire Fig hter 792-9626 19 Dean Porter Fire Fig hter 896-4498 20 21 22 23 24 Dispatchers 25 Jack Kinq Dispatcher 257-3965 26 Ken Atnip Dispatcher 257-5316 27 Mary Ann Steelhammer Dispatcher 792-3435 285-0635 28 29 Lucy Hope Calling Team Call Person 257-2918 30 Billie Higgins Call Person 896-8771 31 Maridelle Crake Call Person 257-2735 32 Trina Lannan Call Person 896-7971 Other 33 Tom Kutscher Equipment Specialist !Advisor Y 895-2767 34 Lynn Druehl Secretary, Financial Officer Y 792-4103 09/26/2003 u. -t ;x~ ~;:~«.x.w.. ,. e . _ :....: _, ,: . - ~ "'z'lgt ~. "::~ - " . ~E~RTI`:~~ OF`~N~~UItAI~' ~ ,_ ' ISSUE DATE (MM/DDlYY) )O~~~zoo3 PRODUCER TH[S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES VFIS of Texas/ Regnier & Associates NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORD BY THE POLICIES BELOW. 4450 Frontier Trail COMPANIES AFFORDING COVERAGE Austin, TX 78745 COMPANY LETTER A American Alternative Insurance Cor . 512-448-9928/1-800-2529435 COMPANY LETTER B IN URED COMPANY Tierra Linda Volunteer Fire Department, Inc. LETTER C COMPANY 406 Oak Alley LETTER D M A Kerrville, TX 78028-1714 LETTER E THIS tS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW iT'HSTANDING A.YY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER 1>OCUF;ENT WITH RESPECT' TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAV PERTAW, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN i5 SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OP SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFF. POLICY EXP. LIMITS LTR DATE DATE (MM/DD/YY) (MM/DD/Yl') GENERAL LIABILITY CL0017048-6 2/1/O3 2/1/Q4 GENERAL AGGREGATE $ 3,000,000 A ®COMM. GENERAL LIABILITY PROD -COMP/OP AGG. $ 3000,000 CIdiMSMADE occuR PERS. & ADV. INIURY $ 1,000,000 ^ OWNER'S & CONTRACT'S PROT. EACH OCCURRENCE $ 1,000,000 ® Professional Healthcare FIRE DAMAGE (Oee Ain) $ 1,000,000 MED. EXPENSE (Ooe Per) $ S OOO AUTOMOBILE LIABILITY TX 3000263-6 2/1/03 2/1/04 C~~INED SINGLE $ 1,000,000 UTO ® ANY A A ^ ALLOWNEDAUTOS BODILY WJURY $ (Per Perwe) ^ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ ® NON OWNED AUTOS (Per AetWent) - ^ GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ ^ UMBRELLA FOAM AGGREGATE $ ^ OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKERS' COMPENSATION EACH ACCIDENT $ AND DISEASE POLICY LIMIT $ EMPLOYER'S LIABILITY DISEASE-EACH EMP. $ OTHER DESCRIPTION OF OPERATIONS/1.OCATIONS/VEHICLES/SPECIAL ITEMS Kerr Count SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE Y EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 14 Attn• Dave Nicholson COUnt Commissioner Pct 4 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL • f y SUCH NOTICE 9EIA1.L IMPOSE NO OBLIGATION OR LTABn.iTY OF ANY KIND UPON THE 700 Main Street AGE R REPRESENTATIVES AU ZED REPRES TIVE _ Kerrville, TX 78028 .-!'~ ',.~! ~ ~ KERR COUNTY VOLUNTEER FIRE DEPARTMENT CONTRACT WHEREAS, KERR COUNTY, TEXAS, hereinafter "Kerr County,' a political subdivision of the State of Texas, has the authority under Texas Local Government Code, Chapter 352 to contract with an incorporated volunteer fire department that is located within the county to provide fire protection to an area of the county that is located outside the municipalities in the county, and WHEREAS, the TURTLE CREEK VOLUNTEER FIRE DEPARTMENT, hereinafter "the TCVFD,' an incorporated volunteer fire department (IRS EIN 74-2500133), and Kerr County desire to enter into a contract for the provision of fire protection services to Kerr County by the TCVFD, IT IS THEREFORE AGREED that: 1. Term. The term of this contract is one year beginning on October 1, 2003 and ending on September 30, 2004 unless earlier terminated in accordance with the provisions below. 2. Services Provided. The TCVFD shall provide fire protection services in or outside its Primary Fire Response Area (PFRA) to Kerr County in accordance with the laws and rules of the State of Texas applicable to volunteer fire departments. 3. Consideration. Ken- County shall provide to the TCVFD a sum not to exceed $13,000.00 during the term of this contract. In addition Kerr County shall provide Workers Compensation coverage to the TCVFD volunteer firefighters while performing fire protection duties under this contract. The TCVFD agrees to provide to the Kerr County Treasurer, in writing, a list of all TCVFD volunteer firefighters who are eligible for such Workers Compensation coverage and to update the list when any changes occur thereto. 4. Use of Funds. Expenditures up to the amount shown in paragraph 3. shall be made only for expenses incurred in the provision of fire protection services including, but not limited to, replacement parts, training, equipment, and insurance. No funds may be expended for a salary paid to any person. 5. Method of Payment. Unpaid invoices and billing statements for approved uses of funds may be presented to the office of the Ken- County Auditor for reimbursement to the TCVFD. In either case payments shall be made in accordance with Kerr County bill payment procedures as established by state law. 6. Insurance. During the term of this contract the TCVFD shall provide and maintain insurance coverage at the levels of limitation of liability specified in the Texas Civil Practice 8~ Remedies Code, Section 101.023 ($100,000.00 for each person and $300,000.00 for each single occurrence for bodily injury or death and $100,000.00 for each single occurrence for injury to or destruction of property). The TCVFD shall provide a Certificate of Insurance to the County Auditor not later than the beginning of the contract term. Said insurance shall apply as primary liability coverage for the TCVFD while providing fire protection services under this contract. 7. Successors. This contract shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, legal representatives, and successors. Neither party hereto shall assign this contract to another parry. 8. Default. In the event either parry shall fail to keep, observe, or perform any provision of this contract, the breaching party shall be deemed in default. If such default shall continue for a period of ten (10) days after notice thereof by the non-breaching party to the other, then the non- breaching party shall be entitled to terminate this contract immediately. 9. Goveming Law. This Contract shall be governed by and construed and interpreted in accordance with the laws of the State of Texas and the venue for enforcement shall be Kerr County, Texas. 10. Notices. Any notice or communication hereunder must be in writing, and may be given by registered or certified mail; if given by registered or certified mail, same shall be deemed to have been given and received when a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail; and if given otherwise than by registered mail, it shall be deemed to have been given when delivered to and received by the party to whom it is addressed. Such notices or communications shall be given to the parties hereto at the addresses set forth below. Any party hereto may at any time by giving ten (10) days written notice to the other party hereto designate any other address in substitution of the foregoing address to which such notice or communication shall be given. 11. Severability. If any term, covenant or condition of this contract or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this contract or the application of such term, covenant or condition to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term, covenant or condition of this contract shall be valid and shall be enforced to the fullest extent permitted by law. 12. Limits of Relationship. The parties hereby agree that this is a contract for TCVFD to provide fire protection services in Kerr County and hereby renounce the existence of any other relationship including any agency relationship. In no event shall Kerr County have any obligation or liability whatsoever with respect to any debts, obligations, or liabilities of the TCVFD, and the TCVFD shall have no authority to bind Ken- County to any contract, matter, or obligation. No duties of Kerr County are delegated to the _TCVFD by this contract and any provision which is or may be held to be such a delegation shall be of no force or effect. 13. Modification; Termination. This Contract may be amended, modified, terminated, or released only by written instrument executed by the Kerr County Commissioners Court and the TCVFD, except as herein othervvise provided. 14. Total Agreement. This contract is a total and complete integration of any and all understandings existing between the parties hereto and supersedes any prior oral or written agreements, promises or representations between them. The headings of the various paragraphs of this contract are for convenience only, and shall not define, interpret, affect or prescribe the meaning and interpretation of the provisions of this contract. 15. Effective Date. This agreement is effective on October 1, 2003 or upon execution by both parties and certification by the Ken- County Clerk, whichever occurs latest. 16. Authori The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED in multiple originals on the day of ~~ ~ , 2003. ~Y ~~ President/Chairman - TURTLE CREEK VOLUNTEER FIRE DEPARTMENT Date:~~7 n~ ~ VOLUNTEER FIRE DEPARTMENT: VOLUNTEER FIRE DEPARTMENT Turtle Creek Volunteer Fire Department 651 Upper Turtle Creek Kerrville, Texas 78028 CLERK'S CERTIFICATION -~ ~ Pat Tinley Kerr County Judge Date: / ~ "~--~ - ~.~ KERR COUNTY: COMMISSIONERS COURT KERR COUNTY COURTHOUSE 700 E MAIN ST KERRVILLE TEXAS 78028 I, JANNETT PIEPER, County Clerk of Kerr County, Texas, certify that the above agreement was approved, accepted and agreed to by the Commissioners Court of Kerr County, Texas on October 2 7 , , 2003, in Order Not 8 3 8 2 recorded air[~tamexxxxxx xxxxx~~sxxxxxxxx , of the Minutes of the Commissioners' Court of Kerr County, Texas. ~o®~'~RS COQ ~~ ~ 9~ ® `' ~ ~ ~ ~~ ~ ˘~ j~~~ ~,~~" !r , ~~ By ~ (~ ~ r ~ L Deputy Jannett Pieper County Clerk Kerr County, Texas Date: October 2 7, 2 0 0 3 KERR COUNTY VOLUNTEER FIRE DEPARTMENT CONTRACT WHEREAS, KERR COUNTY, TEXAS, hereinafter °Kerr County,' a political subdivision of the State of Texas, has the authority under Texas Local Government Code, Chapter 352 to contract with an incorporated volunteer fire department that is located within the county to provide fire protection to an area of the county that is located outside the municipalities in the county, and WHEREAS, the ELM PASS VOLUNTEER FIRE DEPARTMENT, hereinafter "the EPVFD,° an incorporated volunteer fire department (IRS EIN 74-2358837), and Kerr County desire to enter into a contract for the provision of fire protection services to Kerr County by the EPVFD, IT IS THEREFORE AGREED that: 1. Term. The term of this contract is one year beginning on October 1, 2003 and ending on September 30, 2004 unless earlier terminated in accordance with the provisions below. 2. Services Provided. The EPVFD shall provide fire protection services in or outside its Primary Fire Response Area (PFRA) to Kerr County in accordance with the laws and rules of the State of Texas applicable to volunteer fire departments. 3. Consideration. Kerr County shall provide to the EPVFD a sum not to exceed $13,000.00 during the term of this contract. In addition Kerr County shall provide Workers Compensation coverage to the EPVFD volunteer firefighters while performing fire protection duties under this contract. The EPVFD agrees to provide to the Kerr County Treasurer, in writing, a list of all EPVFD volunteer firefighters who are eligible for such Workers Compensation coverage and to update the list when any changes occur thereto. 4. Use of Funds. Expenditures up to the amount shown in paragraph 3. shall be made only for expenses incurred in the provision of fire protection services including, but not limited to, replacement parts, training, equipment, and insurance. No funds may be expended for a salary paid to any person. 5. Method of Payment. Unpaid invoices and billing statements for approved uses of funds may be presented to the office of the Kerr County Auditor for reimbursement to the EPVFD. In either case payments shall be made in accordance with Kerr County bill payment procedures as established by state law. 6. Insurance. During the term of this contract the EPVFD shall provide and maintain insurance coverage at the levels of limitation of liability specified in the Texas Civil Practice & Remedies Code, Section 101.023 ($100,000.00 for each person and $300,000.00 for each single occurrence for bodily injury or death and $100,000.00 for each single occurrence for injury to or destruction of property). The EPVFD shall provide a Certificate of Insurance to the County Auditor not later than the beginning of the contract term. Said insurance shall apply as primary liability coverage for the EPVFD while providing fire protection services under this contract. 7. Successors. This contract shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, legal representatives, and successors. Neither party hereto shall assign this contract to another party. 8. Default. In the event either party shall fail to keep, observe, or perform any provision of this contract, the breaching party shall be deemed in default. If such default shall continue for a period of ten (10) days after notice thereof by the non-breaching party to the other, then the non-breaching party shall be entitled to terminate this contract immediately. 9. Governing Law. This Contract shall be governed by and construed and interpreted in accordance with the laws of the State of Texas and the venue for enforcement shall be Kerr County, Texas. 10. Notices. Any notice or communication hereunder must be in writing, and may be given by registered or certified mail; if given by registered or certified mail, same shall be deemed to have been given and received when a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail; and if given otherwise than by registered mail, it shall be deemed to have been given when delivered to and received by the party to whom it is addressed. Such notices or communications shall be given to the parties hereto at the addresses set forth below. Any party hereto may at any time by giving ten (10) days written notice to the other party hereto designate any other address in substitution of the foregoing address to which such notice or communication shall be given. 11. Severability. If any term, covenant or condition of this contract or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this contract or the application of such term, covenant or condition to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term, covenant or condition of this contract shall be valid and shall be enforced to the fullest extent permitted by law. 12. Limits of Relationship. The parties hereby agree that this is a contract for EPVFD to provide fire protection services in Kerr County and hereby renounce the existence of any other relationship including any agency relationship. In no event shall Kerr County have any obligation or liability whatsoever with respect to any debts, obligations, or liabilities of the EPVFD, and the EPVFD shall have no authority to bind Kerr County to any contract, matter, or obligation. No duties of Kerr County are delegated to the EPVFD by this contract and any provision which is or may be held to be such a delegation shall be of no force or effect. 13. Modification: Termination. This Contract may be amended, modified, terminated, or released only by written instrument executed by the Kerr County Commissioners Court and the EPVFD, except as herein otherwise provided. 14. Total Agreement. This contract is a total and complete integration of any and all understandings existing between the parties hereto and supersedes any prior oral or written agreements, promises or representations between them. The headings of the various paragraphs of this contract are for convenience only, and shall not define, interpret, affect or prescribe the meaning and interpretation of the provisions of this contract. 15. Effective Date. This agreement is effective on October 1, 2003 or upon execution by both parties and certification by the Kerr County Clerk, whichever occurs latest. 16. Authori The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED in multiple originals on the ~ day of , 2003. President/Chai an ELM PASS VOLUNTEER FIR EPARTMENT Date: ~ ~~ rte.-~~ ~ ~ \ ~ Pat Tinley Kerr County Judge Date: f ~b - 2- ~ - ~-3 VOLUNTEER FIRE DEPARTMENT: KERR COUNTY: ELM PASS VOLUNTEER FIRE DEPARTMENT COMMISSIONERS COURT Route 1. Box 830 KERR COUNTY COURTHOUSE Center Point. Texas 78010 700 E MAIN ST KERRVILLE TEXAS 78028 CLERK'S CERTIFICATION I, JANNETT PIEPER, County Clerk of Kerr County, Texas, certify that the above agreement was approved, accepted and agreed to by the Commissioners Court of Kerr County, Texas on October 2 7 , 2003, in Order No. 2 8 3 8 2 recorded ~~##tgp~~gxxxxxxxxxxx~Ragec xxxxx , of the Minutes of the Commissioners' Court of Kerr County, Texas. ~~' ~ScJ`Ohil;~~~ y,. BY : ~~ Deputy ®~~` .: `°°°~~~~ e; Jannett Pieper County Clerk U ~ -~ °°°= ~ ~ Kerr County, Texas ~`t' s ~Ar ~~ °~~ October 27, 2003 ~.Q.q ~~Y ~-~~' . Date: C©UN {~f a ~' VFIS of Texas/Regnier & Associates ~~ ~ ~~~ 4450 Frontier Trail Austin, l"exas 78745-1Fi14 (512) 448-992S (800) 25`2-~43~i I a~ 512 448-9929 ( ) September 30, 2003 Chief Fred Bigham Elm Pass Volunteer Fire Department HC1, Box 830 Center Point, Texas 78010 RE: Commercial Automobile Renewal Policy Commercial Package Renewal Policy Commercial Umbrella Renewal Policy Dear Chief Bigham: VF[S of Texas/Regnier & Associates 4450 Frontier Trail Patty McLeod, ACSR Austin. I"eras 78745 lEi 14 Cutitumer 5eilice {512) 44&992S X8O0) 252-9435 l as. (~i121 448 992y Gm~il pmcleoJ~~%'v(i,tz o>m E^,~vF~s hiswu~q ^nri4~^,u~ ~. rc~.. I hq.iniz.rt~,ni~ tiVn~;~ 1')b