TIERRA LINDA VFD 406 Oak Alley Kerrville, TX 78028-1714 Phone: (830)896-7971 mlannan@ktc.com January 19, 2007 Commissioners Court Ms. Jody Grinstead, Commissioners Court Coordinator Kerr County Courthouse Kenville, Texas 78028 Dear Ms. Grinstead: Enclosed are two copies of the executed copies of our volunteer fire department contract requested in your letter of January 5, 2007. Also enclosed are copies of our current department's roster and our certificate of insurance required by the contract. Please do not hesitate to contact me if you have any questions or need any additional information. Sincerely, Mike Lannan, Chief Tierra Linda Volunteer Fire Department 406 Oak Alley Kerrville, Texas 78028 #30138 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, 2006 and ending on September 30, 2007 unless earlier terminated 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, 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 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. 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. 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. 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 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, 2006 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 2007. .-•-- President/Chairman L-.--~aY m TIERRA LINDA VOLUNTEER FIRE DEPARTMENT Kerr County Judge Date: ~ -~d - ~ 7 Date: y ~ Z Z~~ VOLUNTEER FIRE DEPARTMENT: TIERRA LINDA VOLUNTEER FIRE DEPARTMENT 406 OAK ALLEY KERRVILLE, TEXAS 78028-1714 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 February 12 , 2007, in Order No. 30138 recorded and filed in Vettrme- - ,Peg 'the Minutes of the Commissioners' Court of Kerr County, Texas. ~o~~,tsSION~ D ~D,~.~/,~ ~ a.4~:.U ~ Jan ett Piep 0 ~j Y ~ County Clerk fi~ r ~ Kerr County, Texas ~; .•` ~ ~ DUNT~ ~~'~ Date: ~aJl~-I aba7 PERSONNEL http: //tlvfd.com/persotmel.htm ------ - - .._ TIERRA LINDA VFD ROSTER i vosiaoo6 No Name Title Home Phone Cell Phone Driver 1 Mike Lannan Chief 896-7971 739-1049 1' 2 Charlie Orr Deputy Chief, Captain 792-6970 459-4270 Y 3 Ed Marker Assistant Chief R96-5270 Y 4 Ken McConnell Captain, Maintenance Officer 896-5077 Y 5 Alan Dorsman Captain, Training Officer 792-3105 Y 6 George Turner Captain 896-5726 Y 7 Zeke Anderson Fire Fighter, Financial Officec 896-1969 Y 8 Marcia Barrett Fire Fighter, Secretary 257-0736 Y 9 Sam Barrett Fire Fighter 257-0736 Y 10 Amy Ives Fire Fighter 257-3829 Y l l Ron Drumheller Fire Fighter, Webmaster 257-2290 Y 12 Ed Whitaker Fire Fighter 257-3246 Y 13 Mark Skarich Fire Fighter 895-9751 Y 14 David Willinghan~ Fire Fighter 896-0722 377-5517 Y 15 Jerry Wheeler Fire Fighter 792-3445 377-7463 16 Dean Porter Fire Fighter 896-4498 17 Ken Watson Fire Fighter 896-9314 214-789-9868 18 Brian Kimmell Fire Fighter 257-6327 19 Ray Steelhammer Fire Fighter 792-3435 285-0635 20 John Pardue Fire Fighter 792-9818 21 Erik Sleeper Fire Fighter, EMT 257-3542 22 Pettigrew Hamilton Fire Fighter 370-3109 23 Bob Smith [use ce71 phonz] Fire Fighter, Medical Doctor 257-5313 377-1126 24 Bill Perkison Fire Fighter 895-0471 25 Bud Kersten Fire Fighter 896-4195 26 Walter Workman Dispatcher 896-9298 27 Jerry Bratcher Dispatcher 896-6142 28 Mary Ann Steelhammer Dispatcher 792-3435 285-0635 29 Miles Devine Dispatcher 896-6431 30 Luci Hope Calling Team 257-2918 31 Ann Orr Calling Team 792-6970 32 Trina Lannan Calling Team 896-7971 285-1074 33 Nancy Skarich Calling Team 895-9751 34 Rosemary Marker Calling Team 896-5270 35 Tom Kutscher Equipment Specialist/Advisor 895-2767 Y email Webmaster a[ - webmaster˘nOv fd.com Last update: I I/08/2006 1 of 1 1/18/2007 3:38 Ph ISSUE DATE (MMAIUIYY) )/3O/2006 PRODUCER 77a5 CERTD9CATE IS LSSVED AS A MATTER OF DRTIRMA110N ONLY AND CONPEMNO RIOHB UPON THH CERTiSGTE HOLDER THISCMTIFlGTE DOES VFIS of Teaas/ Regnier & Associates NO~AAffiiD. EXTEND ORALTER 171E COVEMOH AFFORD HYTHE POLICIES 3420 E:ecuttve Center Drive, Suite 301 COMPANIES AFFORDING COVERAGE Au3tin, TX 78731 COMPANY LETTER A American Alternative Insurance Cor . 512-048-9925! 1-800.2529435 croMr,LrY LETTER B S Cp11fPANY Tierra Linda Volunteer Fire Department, Inc. LET'CER C COMPANY 406 Oak Alley ER D MP Kerrville, TX 78028 LETTER E 1HR IS TO CERTRYT5ATT5E roLIC630PDYSURANCBLIBYRDaELOW HAYC DEEM 188UP8,TO THI IN6URED NAM® ABOVEPORTaE POLCY PERIOD DNICATEII. NOTW55SEANBa/G ANY RHQUREGiQ!!T, TEMP OR CONDITION OF ANY CONTRACT OA OTM:RD000MEN'I' WP15 RESPECTlO WAICR 7513 CM71P1CATT; MAY BE 185D6D OR MAY PERiAD1,THE DVSURANCE APlOHDED HY TtlE roWC1E9 DESCRDtED IdREHV Ui 8U6]ECT T'O ALLTHETERMB EXCLUSION8 AND COIPDRION80PSUCtl roL5TP.8. LNIRS BROWN MAY tlAVE REEK RREDUCED BY PAm CWUHS CO IYre OF A1SURANCE roWCY NUMBER POLICY EFF. roWCY EXP. LIMA'S LTR DATE DATE (IRSUnDM'1 (SNUDDM') c>T+ERALLUHH.ITY TR0017048 2/1/06 2/1/07 ~""LACmEC"TE $3,000,000 A ®COADa. GENERAL LW60.1'1Y rROn-COMPaPACG. $3,000,000. ^ CLAA15 MADE ®OCNR PERS. A ADY. HiNRV $' 1000,000 ^owaexaacoNTMCr•sPROT. EACeaT:uRRE"~ 51,000,000 ® Professional Healthcaze DAMAGE Io., Ptre) $1,000,000 MFD. EXPENSE co.. P,O $ s o00 AuTDMOeaE UAHD.rrY CM 1019452-0 211/06 Z/1/07 CL~wRD Sm^.T 51,000,000 ®ANY wuro A ^ALLOWNED AUTOS BODR.Y UVIURY $ (Prc Pn+,v) ^ SCI~DULED AUTOS ® HIRED AUTOS HODa.Y USNRY $ ® NON-0WNCO AUTOS (Per AaWol) ^GARAGE WAHWT' PROPERTY DAMAGC $ EXCESS LIAB45V ^ S EACR OCCURRENCE ^ U.MRELW FORM AGGACGATE $ ^ OTRER THAN UMBRELLA FORM STAMORY LQ.a18 WORKERS'COMPINSATION EACH ACCD)ENT $ AND DZSEASE roWCV LNtlT EMPLOYER'S LL18DITY ODfEAS&CAN EMP. $ OTHCA DEK'RD`iION OP OPERAnONSZOCATIONSM1TOI1CLrS6PECUL ITBMB Certificate Holder is Additonal Insured on above policies County of Gillespie HHDULD ANV oPT~ AeDVS nescRU®rouclea se c3NCr.1sD HvoRe THC aRPn1A7ION DATE TSERROP, TIR ISSIIDIG COMPANY WnY 6NDW VOR TO MAD. JP 101 West Main Street Suite #9 NOTICRTOT~caRnnCAiE 50IDEa NAM@D TO TSE LEFT, eUT PAD.URETO MAW ' ' , SUCit NO 1 ICESHAIL NnOSE NOOHLIW710N OR LWHJTYOP ANY I(RVD UPON TI˘ Fredericksburg, TX 78624 AGENTS ORREPRCBE,ITATIVE6 RUTS ATTYC