KERR COUNTY VOLUNTEER FIRE DEPARTMENT CONTRACT WHEREAS, KERR COUNTY, TEXAS, hereinafter `Kerr County,"apolitical 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 municipalifies in the county, and .Z 7e ?~_ WHEREAS, the HUNT VOLUNTEER FIRE DEPAR~-~`~T, hereinafter "the HVFD," an incorporated volunteer fire department (IRS EIN 74~;?~9~3~4a, afTB Kerr County desire to enter into a contract for the provision of fire protection services to Kerr County by the HVFD, IT IS THEREFORE AGREED that: Term. The term of this contract is one year beginning on October 1, 2004 and ending on September 30, 2005 unless earlier terminated in accordance with the provisions below. 2. Services Provided. The HVFD 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 HVFD a sum not to exceed $13,000.00 during the term of this contract. 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 HVFD. 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 HVFD shall provide and maintain insurance coverage at the levels of limitation of liability specfied 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 HVFD 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 HVFD while providing fire protection services under this contract. Page 1 of 3 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 shalt 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. Severabiliiv. If any term, rbvenant, or condition of this contrail or the application thereof to any person or circumstance shah, to any extent, be invalid or unenforceable, the remainder of this contrail 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 contrail 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 contrail for HVFD to provide fire proteilion services in Ken- County and hereby renounce the existence of any other relationship incg any agency n'-~. In no event shah Kerr Courrty have any obligation or liability whatsoever with respect to any debts, oblations, or liabilities of the HVFD, and the HVFD shall have no authority to bind Kerr County to any contract, matFaer, or obligation. No duties of Kerr County are delegated to the HVFD 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 contrail may be arnerxfed, modified, terminated, or reused only by written instrument executed by the Kerr County Commissioners Court and the HVFD, except as herein otherwise provided. 14. Total Agreement. This contrail is a total and complete integration of any and afl understandings existing between the parties hereto and supersedes any prior oral or written agreements, promises, or represerrtations between them. The headings of the various paragraphs of this contrail are for convenience only, and shah not define, interpret, affeil, or prescribe the meaning and interpretation of the provisions of this contrail. 15. Effective Date. This agreement is effective on October 1, 2004 or upon execution by both parties and certification by the Kerr County Clerk, whichever ours latest. Page 2 of 3 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. ?, a EXECUTED in multiple originals on the ~ day of ~'~~=~7~~C~` ~ , 2004. 0 President/Chairman HUNT VOLUNTEER FIRE DEPARTMENT Date: /Z .~ D VOLUNTEER FIRE DEPARTMENT: HUNT VOLUNTEER FIRE DEPARTMENT P.O. Box 362 Hunt. Texas 78024 in ey Kerr County Judge Date: / Z' $~ ' Z ~C3 ~' NOTICE KERR COUNTY: COMMISSIONERS COURT KERR COUNTY COURTHOUSE 700 E. MAIN ST. KERRVILLE, TEXAS 78028 CLERK'S CERTIFICATION I, JANNETT PIEPER, County Clerk of Kerr County, Texas, certify that the above agreement ww s~ed, accepted and agreed to by the Commissioners Court of Kerr County, Texas on ~' , 2004, in Order No, . 1`~ recorded and filed in 1aEolra~e ~~e the Minutes of the Commissioners' Court of Kerr County, Texas. Ja ett Pieper County Clerk Kerr County, Texas Date: ~~ ~ ~~- Cr ~` Page 3 of 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 CENTER POINT VOLUNTEER FIRE DEPARTMENT, hereinafter "the CPVFD,' an incorporated volunteer fire department (IRS EIN 74-1673689), and Kerr County desire to enter into a contract for the provision of fire protection services to Kerr County by the CPVFD, IT IS THEREFORE AGREED that: 1. Term. The term of this contract is one year beginning on October 1, 2004 and ending on September 30, 2005 unless earlier terminated in accordance with the provisions below. 2. Services Provided. The CPVFD shall provide fire protection services in `or outside its Primary Fire Response Area (PFRA) to Kerr County in acxordance with the laws and rules of the State of Texas applicable to volunteer fire departments. 3. Consideration. Kerr County shall provide to the CPVFD 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 CPVFD volunteer firefighters while performing fire protection duties under this contract. The CPVFD agrees to provide to the Kerr County Treasurer, in writing, a list of all CPVFD 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 CPVFD. 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 CPVFD shall provide and maintain insurance coverage at the levels of limitation of liability specfied 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 CPVFD 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 CPVFD 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. Page 1 of 3 ~ ,_ 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. Suds 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, covenanrt, or condition of this contract or the application thereof to any person or dreumstance 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 CPVFD to provide fire protection services in Kerr County and hereby renounce file existence of any other relationship induding 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 CPVFD, and the CPVFD shall have no authority to bind Kerr County to arty contract, matter, or obligation. No duties of Kerr County are delegated to the CPVFD 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 CPVFD, 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, 2004 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 fult force and effect. Page 2 of 3 d ,.. a - EXECUTED in multiple originals on the ~ day of f~~(Jn~7? l1LP}i , 2004. ? ~ f`~ Press ent/ hairman in ey CENTER POINT VOLUNTEER FIRE DEPARTMENT Ken- County Judge Date: %~- Z ~~ ~Z~;;,'~ Date: '~ ~ d NOTICE VOLUNTEER FIRE DEPARTMENT: CENTER POINT VOLUNTEER FIRE DEPARTMENT P.O. Box 494 Center Point. Texas 78010 KERR COUNTY: COMMISSIONERS COURT KERR COUNTY COURTHOUSE 700 E. MAIN ST. KERRVILLE, TEXAS 78028 CLERK'S CERTIFICATION I, JANNETT PIEPER, County Clerk of Kerr County, Texas, certify that the above agreement w"a~s a~pproved, accepted and agreed to by the Commissioners Court of Kerr County, Texas on `/" ~Z1 ~ ~ , 2004, in Order No. ' . L ~ recorded and filed in Volume ~~ ,Page , of the Minutes of the Commissioners' Court of Kerr County, Texas. r ~~~Sg10NERSCO ; nett Pieper ~o ~G~~ County Clerk ~,- ° ~ Kerr County, Texas ~~ ~ ~''~, ~, ,~'~~ Date: ~z ' .~ -LI AUNTY, Page 3 of 3 KERR COUNTY VOLUNTEER FIRE DEPARTMENT CONTRACT WHEREAS, KERR COUNTY, TEXAS, hereinafter "Kerr County,"apolitical 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, 2004 and ending on September 30, 2005 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 shalt provide Workers Compensation coverage to the EPVFD volunteer firefighters while performing fire protection duties under this contrail. The EPVFD agrees to provide to the Ken- 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 8~ Remedies Code, Section 101.023 ($100,000.00 for each person and $300,040.00 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 contrail term. Said insurance shall apply as primary liability coverage for the EPVFD while providing fire protecfion 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. !n the event either party shall fail to keep, observe, or pertorm 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 Page 1 of 3 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. Governin 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 tern (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 tie 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, 2004 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 property 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. Page 2 of 3 .. EXECUTED in multiple originals on the ~_ day of ~...~r`Qrs;~_9~~ , 2004. ~ZQ11/ President/Chairman ih e ELM PASS VOLUNTEER FIRE DEP MENT Kerr County Judge Date: VOLUNTEER FIRE DEPARTMENT: ELM PASS VOLUNTEER ~FyIRE DEPSRTMENT I?~ ~ / ~ ~YI /~5j /~-L~ . Center Point. Texas 78010 Date: ~~~ ' ~' ~ NOTICE KERR COUNTY: COMMISSIONERS COURT KERR COUNTY COURTHOUSE 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 ap roved, accepted and agreed to by the Commissioners Court of Kerr County, Texas on ~~~~-;, ~ ,~,~~~~ ~ ~ , 2004, in Order No ~ recorded and filed in ~ednaee _, _ ~f the Minutes of the Commissioners' Court of Kerr County, Texas. ~O~~ISSIO/yFgcS' ~_ .~ ~Z. ' ~ Ja ett Pieper ~ ~ County Cleric ~ . y Kerr County, Texas ~ pv ~P5 Date: ~~- ~" ~~ NrY, '~ Page 3 of 3 KERR COUNTY VOLUNTEER FIRE DEPARTMENT CONTRACT WHEREAS, KERR COUNTY, TEXAS, hereinafter "Ken- County,"apolitical 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 INGRAM VOLUNTEER FIE DEPARTMENT, hereinafter "the IVFD," an incorporated volunteer fire department (1RS EIN 74-2523 68) and Ken- County desire to enter into a contract for the provision of fire protection services to Kerr County by the IVFD, l~- Z TZ~ Z b ~ IT IS THEREFORE AGREED that: ~~ G 1. Term. The term of this contract is one year beginning on October 1, 2004 and ending on September 30, 2005 unless earlier terminated in accordance with the provisions below. 2. Services Provided. The IVFD 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 IVFD 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 IVFD volunteer firefighters while performing fire protection duties under this contrail. The IVFD agrees to provide to the Kerr County Treasurer, in writing, a list of all IVFD volunteer frefighrters 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 proteilion 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 IVFD. 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 IVFD 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 occun'ence for bodily injury or death and $100,000.00 for each single occurrence for injury to or destruction of property). The IVFD 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 IVFD 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 contrail 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 contrail immediately. Page 1 of 3 - _ 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 IVFD 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 IVFD, and the IVFD shall have no authority to bind Kerr County to any contract, matter, or obligation. No duties of Kerr County are delegated to the IVFD 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, modfied, terminated, or released onty by written instrument executed by the Ken- County Commissioners Court and the IVFD, 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 beiween 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, 2004 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. Page 2 of 3 EXECUTED in multiple originals on the ,,~ ~r,t.,~- President/Chairman INGRAM VOLUNTEER FIRE DEPARTMENT Date: VOLUNTEER FIRE DEPARTMENT: INGRAM VOLUNTEER FIRE DEPARTMENT BOX 271 tNGRAM, TEXAS 78025 day of , 2004. a~ inley Kerr County Judge Date: / L - ~ • 2 V ~ ~ NOTICE KERR COUNTY: COMMISSIONERS COURT KERR COUNTY COURTHOUSE 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 ap oved, ac~jpted and agreed to by the Commissioners Co rt of Kerr County, Texas on `~`~~'2 ~''>rI / ~° S ;~~~ ~ , 2004, in Order No. recorded and filed in V.~p~- _ ~ the Minutes of the Commissioners' Court of Kerr County, Texas. ~~~g$IONEq nnett Pieper ~`1,C0 County Clerk vo ~.~~ Kerr County, Texas ~' : ~ ~ ~ ~ Date: ~~ ~ ~ _ ~ y X99 .....-•--`'+P~ CClJNTY ~ ~ Page 3 of 3 KERR COUNTY VOLUNTEER FIRE DEPARTMENT CONTRACT WHEREAS, KERR COUNTY, TEXAS, hereinafter "Kerr County,"apolitical 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 74-2689293), 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: Term. The term of this contract is one year beginning on October 1, 2004 and ending on September 30, 2005 unless earlier terminated in accordance with the provisions below. 2. Services Provided. The TLVFD 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 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 & 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. Page 1 of 3 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 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 instrument 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, 2004 or upon execution by both parties and certification by the Kerr County Clerk, whichever occurs latest. Page 2 of 3 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 " ' " ~:: ~ , 2004. 77l.r,~ ~ Gil President/Chairman TIERRA LINDA VOLUNTEER FIRE DEPARTMENT Date: ~~" •2 8 - o y ~_ Pat Tinley Kerr County Judge Date: ~ L ` ~ - Z c~c~ ~{ NOTICE VOLUNTEER FIRE DEPARTMENT: TIERRA LINDA VOLUNTEER FIRE DEPARTMENT 406 OAK ALLEY KERRVILLE, TEXAS 78028-1714 KERR COUNTY: COMMISSIONERS COURT KERR COUNTY COURTHOUSE 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 ~1 r-, , r ,,~ ~ c i ~2 • %Z- , 2004, in Order Na <~''%~;Z recorded and filed in ,image ,~ the Minutes of the Commissioners Court of Kerr County, Texas. 510NEq ~5 s c ~~' ~`'~+, OG Ja nett Pieper o ~,~~ County Clerk ~ ~ ~ Kerr County, Texas ~ r ~ F.99 ~„.,{,~-l- Date: ~L'~,>1 ~ ~=> ~. ~L~'-f'`~ COUNTS Page3of3 KERR COUNTY VOLUNTEER FIRE DEPARTMENT CONTRACT WHEREAS, KERR COUNTY, TEXAS, hereinafter "Kerr County,"apolitical 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 MOUNTAIN HOME VOLUNTEER FIRE DEPARTMENT, hereinafter "the MHVFD," an incorporated volunteer fire department (IRS EIN 74-2631918), and Kerr County desire to enter into a contract for the provision of fire protection services to Kerr County by the MHVFD, IT IS THEREFORE AGREED that: Term. The term of this contract is one year beginning on October 1, 2004 and ending on September 30, 2005 unless earlier terminated in accordance with the provisions below. 2. Services Provided. The MHVFD shalt provide frre 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 MHVFD 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 MHVFD volunteer firefighters while performing fire protection duties under this contract. The MHVFD agrees to provide to the Kerr County Treasurer, in writing, a list of all MHVFD 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 MHVFD. 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 MHVFD 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 MHVFD 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 MHVFD 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. Govemin4 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. Severabiiity. 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 condifion 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 MHVFD 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 MHVFD, and the MHVFD shall have no authority to bind Kerr County to any contract, matter, or obligation. No duties of Kerr County are delegated to the MHVFD 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 MHVFD, 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, 2004 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 Q ~ day of ~ec~rsber , 2004. ~ . ~,. President/Chairman/ Glr;,e MOUNTAIN HOMEVOLUNTEER FIRE DEPARTMENT '~~~ Y Kerr County Judge Date: VOLUNTEER FIRE DEPARTMENT: VOLUNTEER FIRE DEPARTMENT Mountain Home Volunteer Fire Deat. P.O. Box 191 Mountain Home. Texas 78058 CLERK'S CERTIFICATION Date: ~ Z-' ~' ~-~-~ 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 w approved, accepted and agreed to by the Commissioners Court of Kerr County, Texas on ~~.'Z , 200i~ in Order No~~'~ %~ recorded and filed in e ,~e the Minutes of the Commissioners' Court of Kerr County, Texas. J nett Pieper County Clerk Kerr County, Texas Date: __ l ~ - % " ~~ ~~ KERR COUNTY VOLUNTEER FIRE DEPARTMENT CONTRACT WHEREAS, KERR COUNTY, TEXAS, hereinafter "Kerr County,"apolitical 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 CASTLE LAKE VOLUNTEER FIRE DEPARTMENT, hereinafter "the CLVFD," an incorporated volunteer fire department (IRS EIN 74-2801743), and Kerr County desire to enter into a contract for the provision of fire protection services to Kerr County by the CLVFD, IT IS THEREFORE AGREED that: 1. Term. The term of this contract is one year beginning on October 1, 2004 and ending on September 30, 2005 unless earlier terminated in accordance with the provisions below. 2. Services Provided. The CLVFD 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 CLVFD 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 CLVFD volunteer firefighters while performing fire protection duties under this contract. The CLVFD agrees to provide to the Kerr County Treasurer, in writing, a list of all CLVFD 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 CLVFD. 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 CLVFD 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 CLVFD 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 CLVFD while providing fire protection services under this contract. Page 1 of 3 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. GovemincL 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 shah be deemed to have been given when delivered to and received by the party to whom it is addressed. Such notices or communications steal{ 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. Severabilitv. 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 CLVFD 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 CLVFD, and the CLVFD shall have no authority to bind Kerr County to any contract, matter, or obligation. No duties of Kerr County are delegated to the CLVFD 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 CLVFD, 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, 2004 or upon execution by both parties and certification by the Kerr County Clerk, whichever occurs latest. Page 2 of 3 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 duty passed and are now in full force and effect. EXECUTED in multiple originals on the ~ day of , 200 PresidentlChairman a inlet' CASTLE LAKE VOLUNTEER FIRE DEPARTMENT Kerr County Judge Date: /? -Z23 ~C~ `~' Date: l `'~ ~ "' NOTICE VOLUNTEER FIRE DEPARTMENT: CASTLE LAKE VOLUNTEER FIRE DEPARTMENT P.O. Box 63742 Pipe Creek, Texas 78063 KERR COUNTY: COMMISSIONERS COURT KERR COUNTY COURTHOUSE 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 proved, accepted and agreed to by the Commissioners Court of Kerr County, Texas on p~. 2 ;~~, 2004, in Order Nof„~yarecorded and filed in ~delae~--rP-age-_ of the Minutes of the Commissioners' Court of Kerr County, Texas. nnett Pieper County Clerk Kerr County, Texas Date: / - I ~-~.5- Page3of3 KERR COUNTY VOLUNTEER FIRE DEPARTMENT CONTRACT WHEREAS, KERR COUNTY, TEXAS, hereinafter "Kerr County,"apolitical 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 DIVIDE VOLUNTEER FIRE DEPARTMENT, hereinafter "the DVFD," an incorporated volunteer fire department {IRS EIN 74-2188415), and Kerr County desire to enter into a contract for the provision of fire protection services to Kerr County by the DVFD, IT IS THEREFORE AGREED that: 1. Term. The term of this contract is one year beginning on October 1, 2004 and ending on September 30, 2005 unless earlier terminated in accordance with the provisions below. 2. Services Provided. The DVFD 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 DVFD 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 DVFD volunteer firefighters while performing fire protection duties under this contract. The DVFD agrees to provide to the Kerr County Treasurer, in writing, a list of all DVFD 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 staternents for approved uses of funds may be presented to the office of the Kerr County Auditor for reimbursement to the DVFD. In either case payments shall be made in accordance with Ken• County bill payment procedures as established by state law. 6. Insurance. During the term of this contract the DVFD 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 DVFD 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 DVFD while providing fire protection services under this contract. Page 1 of 3 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 certfied 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 nofices 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 shah 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 DVFD to provide fire protection services in Kerr County and hereby renounce the existence of any other relationship inducting 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 DVFD, and the DVFD shall have no authority to bind Kerr County to any contract, matter, ~ obligation. No duties of Kerr County are delegated to the DVFD 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, modif~d, terminated, or released only by written instrument executed by the Kerr County Commissioners Court and the DVFD, 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, 2004 or upon execution by both parties and certfication by the Kerr County Clerk, whichever occurs latest. Page 2 of 3 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 i day of ~,~~'C~,y~~~~~~ , 2004. o Pre ' nt/Chairman IDE VOLUNTEER FIRE DEPARTMENT Date: %r""~ ~ /~ - r_ ~` ~-~ VOLUNTEER FIRE DEPARTMENT: N TICE DIVIDE VOLUNTEER FIRE DEPARTMENT P.O. BOX 259 MOUNTAIN HOME, TEXAS 78058 ..- P t Tinley Kerr County Judge Date: - / 6 - Z-t9~t~ KERR COUNTY: COMMISSIONERS COURT KERR COUNTY COURTHOUSE 700 E. MAIN ST. KERRVILLE, TEXAS 78028 CLERK'S CERTIFICATION I, JANNETT PIEPER, County Clerk of Kerr County, Texas, certify that the above agreement w s approved, accepted and agreed to by the C mmis~'oners Court of Kerr County, Texas on ~/ ' ~ Z , 2004, in Order No. ~ C recorded and filed in 1#~w~e ~~ the Minutes of the Commissioners' Court of Kerr County, Texas. ~~~Sg10NE~~G- VO ~a,~-+ ~ z ~ f .~ `~T;DUNT`I~~ nnett Pieper County Clerk Kerr County, Texas Date: ~C= ~'~ Page 3 of 3 KERR COUNTY VOLUNTEER FIRE DEPARTMENT CONTRACT WHEREAS, KERR COUNTY, TEXAS, hereinafter "Kerr County,"apolitical 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 COMFORT VOLUNTEER FIRE DEPARTMENT, hereinafter "the CVFD," an incorporated volunteer fire department (IRS EIN 74-2098417), and Kerr County desire to enter into a contract for the provision of fire protection services to Kerr County by the CVFD, IT IS THEREFORE AGREED that: Term. The term of this contract is one year beginning on October 1, 2004 and ending on September 30, 2005 unless earlier terminated in accordance with the provisions below. 2. Services Provided. The CVFD 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 CVFD 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 CVFD volunteer firefighters while performing fire protection duties under this contract. The CVFD agrees to provide to the Kerr County Treasurer, in writing, a list of all CVFD 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 CVFD. 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 CVFD 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 CVFD 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 CVFD while providing fire protection services under this contract. Page 1 of 3 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. Severabiliiv. 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 CVFD to provide fire protection services in Ken- County and hereby renounce the existence of any other relationship induding any agency relationship. In no event shall Ken- County have any obligation or liability whatsoever with respell to any debts, obligations, or liabilities of the CVFD, and the CVFD shall have no authority to bind Kerr County to any contract, matter, or obligation. No duties of Kerr County are delegated to the CVFD 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 CVFD, except as herein othewise 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, 2004 or upon execution by both parties and certification by the Kerr County Clerk, whichever occurs latest. Page 2 of 3 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 `7 day of t ~ , 2001 President/Chairman COMFORT VOLUNTEER FIRE DEPARTMENT -._~ Pat Tinl y Kerr County Judge Date: ~ ~ ~'~ ~ ~ ~-~: ~~G~ ~' f NOTICE VOLUNTEER FIRE DEPARTMENT: COMFORT VOLUNTEER FIRE DEPARTMENT Comfort. Texas 78013 Date: ,/~~ - Lch? ~ KERR COUNTY: COMMISSIONERS COURT KERR COUNTY COURTHOUSE 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 approve accepted and agreed to by the Commissioners Court of Kerr County, Texas on i(J ,cCr. ~ s 2Z , 2004, in Order No. ~~z~zrecorded and filed in ire ~ , ~Ethe Minutes of the Commissioners' Court of Kerr County, Texas. 1 ~~`SgIONE~s nett Pieper C County Clerk VO O~ Kerr County, Texas ~ ~ ~c~ ~ Date: I ~ J _ ~„~C'J 9~CDUNTY~~~P Page3of3 Personneq '~ecorc"s Eiy Ass~gnmen~f:, summary Comtc~rt Volunteer Fire Department Print Date: 12/22/2004 Page 1 of 1 Assignment: Last Name: Last Name: ADAMS Last Name: ALBRO Last Name: ALLERKAMP Last Name: BEHRENDT Last Name: BOERNER Last Name: BOHNERT Last Name: ;~CARLOS Last Name: CARLOS Last Name: CASTRO Last Name: EICHHOLZ Last Name: FLORES Last Name: GARCIA Last Name: HAWKINS Last Name: .~ HOWARD Last Name: KAUL Last Name: LEIFESTER Last Name: LEIFESTER Last Name: LUCAS Last Name: MORALES Last Name: MURRELL Last Name: ~i~PETSCH Last Name: PETTY Last Name: PIERCE Last Name: :~ RINGHAM Last Name: SCHNAUTZ Last Name: SMITH Last Name: TOUCHTONE Last Name: VADNAIS Last Name: WEYEL First Name: MI: First Name: DARYL MIR First Name: GEORGE MIH First Name: JIM MI>'( First Name: CARL Mlt( First Name: TRAE MIM First Name: STEVEN MIE First Name: JAVIER MI: First Name: JOSE MI7q First Name: ROBERT Mlt. First Name: ADAM MI: First Name: JOSE Mi: First Name: GUSTAVO MI$ First Name: THOMAS MIJq First Name: DENNIS MI: First Name: BOB MI: First Name: JASON MI: First Name: JOHN MIT First Name: BART MI: First Name: DANIEL MI;! First Name: TIMOTHY Ml,y First Name: JOSEPH MIp First Name: WESLEY MIK First Name: JONATHAN MIl,N First Name: MICHAEL MIM First Name: CHRISTINA MIM First Name: BARRY MIL First Name: ANDREW MIL First Name: BRIAN MIK First Name: ROBBY MIG Total: 30 Grand Total: 30 ~,._,.L'.11. 1.11' 1'l~Ca. ,4 1:~ ~...rl` it f 1.? v .i~?•:1~ ~ ~.. ^'1 S 1 ~ 44J ~J'~I~'~ . l-1~ l_11 ~ I~::is~ut>+ ~ r a~.,c. ~_ a: _ THIS CERTIFICATE tS t$SU6D n5 A ~]ATTER OF INFOf~MATtpu Un~u' -L:vil CONFERS NO R]CFiTS UPON THE CFRT1fieA1'F HOLDER. TI~IIS CERTIFICATE nOc`~ V~~I~, ufTexas/ Regt)ler & Associates NOTAI~SEND F;?(l'ENDOR~'~LTERTIQCOVERAGE,iFFONf)P.YTHEP6LICIES DE~LO\Y i~2G E~eclltive Center Drive, Suite 30l COMPA,N~ES AFFORDING CO~VERA,GE An5tII1, T4 iS~3l COMPANY LETTER A. A,meriCan AlEernative Insurance Cor . ~t2-~t43~y428 / 1-800-2529435 COMPANY LETTER B rxJl.}''-t1' COMPANY Volunteer Fire Departments of Kendall County Comfort Volunteer Fire Departtt'lent LETTER C CouPANv '; ~6 North Main LETTER D COMPANY Boerne, TK 78006 LETTER E :ie ~.. ~ ...,,,., ~ .+, ..'k~ ~4{L.7;i~V Y W T ~, .4~tt(: "~ ~ ~.. i'~J )~ { ~:~~ ~ ~ )~:'~" ~ ~ ~ <'fi~'~" ^ ~ a~ t 5 ~` `~/'~' C()S'~ ~ ~~~ ° 7 ~ ~ ~ ~ ~ ' ' ~ "" h ~ " , }:~l f~ ~C . .,~'-'u{. ~ ^i 'Ye r'~..... J . . ,P ~.~ ~~,; a4.° v j II ' w`~[,~~ v'", lc ~ 'MnV ~ ~ ~' ~~ ~G~~ ~ ~Y ~ ~ ~ ,, . ;,. ~, eeGi wruM%« ;~.~u ~;.~~,h~C&n, ;w: ,e ~../:~a «:~f C°• - ~a _ w.,.r,: X , t „ u, i.Jt,. ? ~'n „ .1 .< ~r+~ r..~~~ r,t,~ M~ r' ~,!;~'r~s'r~ih. d .aa k`~rr,~~u~~,',h•. r n THIS IS TO CERTI~' TIiA7' THE POLICIES OF INSURANCE LISTED S1:LOW' xAVE BEEN 15SUED TO THE INSURED NAA1U[D waOVk: fOA THE POLICY PERIOD I]'DIC.4TED. NOTIVITHSTANDIN6 ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W 19'kl NESPF,CT TO WHICFt TIi[S CF RTIFICA7~t, '`1>Y -F. ISSUED OR MAY PERTH L'v, THE INSt!RAN('E AFFORDED IIY THE POLICIES DESCR1Ht:D HF,RF..IN iS SU-JECT TO ALL THE TERh1S F.\r'LCaIU\S .~A~D CONAfftONj QF SCCII POLICIES. LIMITS 5HO7YN MAY HAVE -EEN REDUCED -Y PAID CLAiht S. -~ ~~~~ ~ TYPE 061ntiUR iti C~f: :"OLIC1' NUNiBEI[ PO[,i~,Y F.FF. POLICY EXP- LINt 1'75 I F { ~-'- (;.en]ln bh•Y) (h1h1/DD/YY7 ! i GENERALLIAS[LITY CI, 0016905-G 1/1104 [~1~0$ GENERAL AGGREGATE ~ 3,000,OOO A `~/{ ~ y ContDL GCNERAI, LtABiL1T1' PROD-COMP/0P A(:C. µS 3,000,000 CLAIM$MADE ®OCCUR PERS. S ADV. INJURY aa ~7 1,OOU,000 OW'NER'S Fc CONTRA!-7"S PROT. EACit OCCllRRENCE $ 1,oOQ,ooo Professional Healthc;~re I ~ FIAE DAMAGE (Vne Firn) 000 ~ x 000 , , _ MED. EXPENSE (Onr Per) ~ '~.UQ~ i ,uTCl.tinetLe L[A711LITY TX 3000460-6 1/I/04 1/1/05 coMnlNEnslxeLE S 1,000,000 ~ ~AVY AUTO L1M1T ,~ ^ aLL OWNED ALTOS IIOD[LY INJURY S HEDCLED UTO (Pce• Persouj $C A S ® HIRED AUTOS RO~JLX 1NJUR1! %'~~ EON-OWNED ALTOS (PCr AcciUCnl) ~~GARACELWflu,Iiy PROPERTl'DAMAGE i..J EXCESS LIASIL7TY ~ EACJf OCCt1FRfNCF Li hifl RCLLw YORhI p AGGRECAT6 OTH ER'ryAN UJIRRELLA FORM ~ ,~~\~~"d7~4 "~~ , ~~_~ ~ r' v' .$• STATUTORYLII411T5 ~t ti`~~`j ' Y~ ~ , ~ftPi W'ORKERS' COMPENSATION EACH ACCIDENT $ r AA'D D-SEASE POLICY LIhI1T EhIPLOYER'S LIA61LliY DISEASE.EAC}I ELI P. OTHER I j { U ESCF:IPTION OF OPEAATIOIi S/LOCATIOVS/VEHICLEC/SPti('[al. Il'IiM$ T 9 ~i~ , , ~~ r r , a,' ~ , ~ , , -.' ck1t ~G~ ~D~R~ If~~1t C~' 10 4 ~ ' ~ ' , . ,., _ ~ . l` a'~. Yk,' rw. tWs~~~. , ' ..`.1, su,tr.,..t ~.. 1~ rr County SxOULD ANY pP'I'Hl aspvE DrtiCR(61:D POI.iCIEy SE CaNCE1.EP BEFORE THE. ESPIAATION DATE THEREOF, THE ISSUING COMP.INY RILL ENDEAVOR TO IDfA1L ttl ~ OO Mal R r. NO]~[CE TO TH P. C1.eT{P7CATE HOLDER NA hIEA 70 TIJE LEFT, HtiT FAILPILE TO MAIL ` SUCH NOTICE SHALL IMPOSE NOOIILICATION OR Lln-ILtT1' OF ANl' KINK hPOM1 ~rrir Kerrville, TX ^$O2$ AGENTS AREPRESENTATIVES 't RUTH ZED REPR63E.'T y'E `~ kg _~~ ~ \ ~[,! ~G~~~4„~.. Si' ~, +~1,r '~I:,.' l '.:.'y (:.~~.Z$.S '~~9Qt am ~l~h~~filre7/ymLF44 .5:, ,w.:$W;,~v, !.~~.. ~s.,I7.CWMrlt4 .rvi ~ -• h?r~ 4v . ~ Gf PS.i V i F .. L 'ql 11 1 r ~ I..i i : rt1'~v e s 41$+r 9;M 1 9~'~t9G3~~G~Giu 4t ~~~ ~ ~VG~t l'~ ~41' lT l ~'Iklth)k{Y,~ ~7 h~l~~ ' ! lr'. ~ ~ . . . .. n , , v a ,. , ur~r. rx. ~ r ;, rg ~r , : TCiTHL F'.1=~1