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, 2005 and ending on September 30, 2006 unless earlier terminated in accordance with the provisions below. 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, Kerr County's obligation to provide such coverage being contingent upon TLVFD providing to Kerr County a written and current roster of all volunteer firefighters of TLVFD upon execution of this Agreement. The TLVFD agrees to provide to the Kerc 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. 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 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. 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, 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. EXECUTED in multiple originals on the / day PresidenUChairman TIERRA LINDA VOLUNTEER FIRE DEPARTMENT Date: ~~ - 9 - b S VOLUNTEER FIRE DEPARTMENT: TIERRA LINDA VOLUNTEER FIRE DEPARTMENT 406 OAK ALLEY KERRVILLE, TEXAS 78028-1714 CLERK'S CERTIFICATION Kerr County Judge 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 November 2s , 2005, in Order No, 29490 recorded and filed in Volume Page , of the Minutes of the Commissioners' Court of Kerr County, Texas. ~~ ~~~- Jaq ett Pieper County Clerk Kerr County, Texas Date: ~l`~f U~0 Date: ~ ^ ti - Z'~~