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 Ye enter into a contract far 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, 2005 and ending on September 30, 2006 unless earlier terminated in accordance with the provisions below. 2. Services Provided. The MHVFD 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 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, Kerr County's obligation to provide such coverage being contingent upon MHVFD providing to Kerr County a written and current roster of all volunteer firefighters of MHVFD upon execution of this Agreement. 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 Couni 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 & 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 Certficate 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. Governino 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 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, 2005 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. f ~5`'\ONEgs c ~"`~.' OG EXECUTED in multiple originals on the ~ 7 day of ~ i+ t L h ~ ~, 2005. ' ® 9~ 1j ~ i7t : ~ f ! ~ ~ Pr sidenU' ia'rrrt n _ Tiney MOUNTAIN HO 1AEVOLUNTEER FIRE DEPARTMENT Kerr County Judge Date: Date: /Z iZ7-Zeo-Si VOLUNTEER FIRE DEPARTMENT: VOLUNTEER FIRE DEPARTMENT Mountain Home Volunteer Fire Deot. P.O. Box 191 Mountain Home. Texas 78058 CLERK'S CERTIFICATION KERR COUNTY: COMMISSIONERS COURT KERR COUNTY COURTHOUSE 700 E MAIN ST KERRVILLE TEXAS 78028 t, 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 November za , 2005, in O~er No. 2a49o ASrecorded ' Rare ;~€the Minutes of the Commissioners' Court of Kerr County, Texas. J nhett Pieper County Clerk Kerr County, Texas Date: _ /a- a7 - ~ O d S MOUNTAIN HOML' VFb Travis-739-0271 RADIO NAME TITLE HOME CAR PAGER 701 Tommy Burrus Firefighter 866-3420 739-5800 792-7790 702 Travis Hail Chief 367-5402 739-0270 792-8601 703 D.C. Hall Firefighter 367-5402 739-5974 704 T.D. Hall Firefighter 866-3369 739-A492 792-1092 705 Dwayne Smith Captain 866-3498 706 Dene' Huffakcr Secretary 866-3875 459-1285 792-8607 707 Jim Haynie Firefighter 866-3396 739-5013 792-1075 703 Mark Barie11 Firefighter 866-3855 739-9590 709 Steve Goebel Firefighter 866 3800 329-6230 895-9008 710 Dasell Dierenger Firefighter R66-3688 370-9895 792-1834 71t Dean Storey Firefighter 640-3305 792-8565 712 Mackey Lange Asst Chief fi66-338fi 739-7258 792-]813 7t3 Butch Mize Firefighter 866-3396 792-1078 714 Beth Haynie Firefighter 866-3396 734-3390 792-1079 715 lalm Allen Henderson Bundy Ross Ranch 640 3393 716 Hank Moorman Firefighter 866-3802 329-5589 R95-8088 717 Jimmy Haynie Captain 866-3788 739-5004 792-107ti 718 Dennis Bruner Firefighter 866-34R] 719 A. J. Knz~gs Firefighter 866-35$4 329-2982 720 Jim Anderson Firefighter 367-2146 377-4160 6470 Keith Olive Firefighter 866-3877 792-7901 721 Mike Meinert Firefighter 866-3713 722 John Wasmuth Firefighter 866-3681 723 Rex Rrand Firefighter 572 Brien Alexander Firefighter 739-4350 21