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STATE OF TEXAS )(
COUNTY OF KERR )(
INTERLOCAL SERVICE AGREEMENT
THIS AGREEMENT is made and entered this 12th day of
February 2007, by and between Kerr County, a political
subdivision of the State of Texas, hereinafter referred to as the "County", and Kerr
Emergency 9-1-1 Network, an emergency communication district organized under the
laws of the State of Texas, hereinafter referred to as "Kerr 9-1-1 ."
WHEREAS, the County is a duly organized political subdivision of the State of
Texas engaged in the administration of county government and related services for the
benefit of the citizens of Kerr County; and
WHEREAS, Kerr 9-1-1 is a duly organized emergency communication district in
Kerr County, Texas, created pursuant to Texas Health and Safety Code §772,
Subchapter D, et seq., engaged in the improvement and development of emergency
communication procedures and facilities and other related services for the benefit of the
citizens of Kerr County; and
WHEREAS, the County and Kerr 9-1-1 have completed the addressing of the
unincorporated areas of Kerr County, Texas for the purpose of providing a quick
response to any person calling the telephone number 9-1-1 seeking police, fire,
medical, rescue and/or other emergency services; and
WHEREAS, the County and Kerr 9-1-1 recognize the need to maintain the
addressing system and to add further or new addresses as development occurs; and
WHEREAS, the County and Kerr 9-1-1 mutually desire to be subject to
provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation Act;
and
NOW, THEREFORE, in consideration of the mutual promises herein contained,
the parties hereto agree and understand as follows:
Rural Addressing Service Agreement Page 1
Agreements of Kerr County
The County hereby agrees to retain Kerr 9-1-1 as their rural addressing agent;
2. The County hereby agrees to allow Kerr 9-1-1 to execute all below listed rural
addressing tasks without prior review or approval from the County;
3. The County shall maintain the "source" records for all approved road names
within the County and shall coordinate individual and subdivision plats and road
name requests with Kerr 9-1-1;
4. Kerr County Road and Bridge will administer the County's road name change
and new road name assignment process. Road and Bridge will participate in
meetings as needed, with Kerr 911, in order to facilitate the flow of information
between the parties.
Kerr County Commissioners Court will act as the authority and be the County's
agent for approval of road name changes and assignment of new road names.
Agreements of Kerr 9-1-1
Kerr 9-1-1 does hereby agree to assume the responsibility for and to provide the
services described herein in order to maintain the addressing of the
unincorporated area of Kerr County, Texas, as set forth below:
a. act as the official addressing entity with the Kerr County Commissioners'
Court retaining and exercising oversight;
b. enter future property access points in the G.I.S. database as required;
c. notify the United States Postal Service of all newly added addresses;
d. maintain the MSAG (Master Street Address Guide);
e. maintain the "Center Line Road" G.I.S. file. This file will be considered the
"source" cartographic record for all named roads within the County;
f. maintain the 9-1-1 working-address file. The file will be considered the
"source" record for all 9-1-1 addresses in the non-incorporated areas of
the County. This is not the PSAP Emergency ANI/ALI file which is
covered under the state PUC and Health and Safety Codes;
g. handle inquiries regarding rural addressing from residents; and
h. participate in meetings, as requested, with the County in order to facilitate
the flow of information between the parties.
2. Kerr 9-1-1 stipulates and concurs that the County has original and final authority
on rural addressing issues within their jurisdiction.
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Mutual Agreements
In the event that any portion of this Agreement shall be found to be contrary to
law, it is the intent of the parties hereby that the remaining portion shall remain
valid and in full force and effect to the extent possible.
2. The covenants, conditions, and terms hereof are to be construed under the laws
of the State of Texas and are performable by all parties in Kerr County, Texas.
3. The agreement may be terminated by the County or Kerr 9-1-1 upon thirty (30)
days written notice. The County may, without cause, order Kerr 9-1-1 in writing
to suspend, delay or interrupt the work in whole or in part for such period of time
as the County may determine.
4. If, by reason of Force Majeure, either party hereto shall be rendered unable
wholly or in part to carry out its obligation under this Agreement then such party
shall give notice and full particulars of such Force Majeure in writing to the other
party within a reasonable time after occurrence of the event or cause relied
upon, and the obligation of the party giving such notice, so far as it is affected by
such Force Majeure, shall be suspended during the continuance of the inability
then claimed, except as hereinafter provided, but for no longer period, and such
party shall endeavor to remove or overcome such inability with all reasonable
dispatch.
The term Force Majeure as employed herein, shall mean acts of God,
strikes, lockouts, or other industrial disturbances, act of public enemy, orders of
any kind of government of the United States or the State of Texas or any civil or
military authority, insurrections, riots, epidemics, landslides, lightning,
earthquake, fires, hurricanes, storms, floods, washouts, drought, arrests,
restraint of government and people, civil disturbances, explosions, breakage or
accidents to machinery, pipelines, or canals or other causes not reasonably
within the control of the party claiming such inability. It is understood and agreed
that the settlement of strikes and lockouts shall be entirely within the discretion of
the party having the difficulty, and that the above requirement by any Force
Majeure shall be remedied with all reasonable dispatch shall not require the
settlement of strikes and lockouts by acceding to the demand of the opposing
party or parties when such settlement is unfavorable in the judgment of the party
having the difficulty.
No claim or right arising out of a breach of this contract can be discharged in
whole or in part by a waiver of renunciation of the claim or right unless the waiver
or renunciation is supported by consideration and is in writing signed by the
aggrieved party.
This Agreement can be modified or rescinded only by writing, signed by both of
the parties or their duly authorized agents.
Rural Addressing Service Agreement Page 3
1
7. This writing is intended by the parties as a final expression of their agreement
and is intended also as a complete and exclusive statement of the terms of their
agreement. No course of prior dealings between the parties and no usage of the
trade shall be relevant to supplement or explain any term used in this agreement.
Acceptance or acquiescence in the course of performance rendered under this
agreement shall not be relevant to determine the meaning of this agreement
even though the accepting or acquiescing party has knowledge of the
performance and opportunity for objection.
8. Whenever one party to this contract in good faith has reason to question the
other party's intent to perform it may demand that the other party give written
assurance of its intent to perform. In the event that a demand is made and no
assurance is given within five (5) business days, the demanding party may treat
said failure as an anticipatory repudiation of the Agreement.
9. The parties mutually agree that venue for any litigation arising from this contract
shall lie in Kerrville, Kerr County, Texas.
10. The undersigned officers and agents of the parties hereto are the properly
authorized officials and have the necessary authority to execute this agreement
on behalf of the respective parties hereto and each party hereby certifies to the
other that any and all necessary resolutions extending said authority have been
duly passed and are now in full force and effect.
11. On Occasion, Kerr County may contract for additional work with KERR 911. By
law, any payment resulting from this Agreement is to be made from current
revenues. Further, State of Texas law prohibits the obligations and expenditures
of public funds beyond the fiscal year for which a budget has been approved.
However, the performance of this may extend beyond the current fiscal year. The
fiscal year for the County extends from October 1 of each calendar year to
September 30 of the following calendar year. It is the expectation of County and
Kerr 911 that funding will be available to pay for any expenditures related to this
Contract. Notwithstanding anything to the contrary within this contract, if at any
time during the term of this Agreement the Commissioners Court of Kerr County,
Texas (1) fails to provide funding for this Agreement during the following fiscal
year at the County; (2) does not adopt a budget for expenditures for this
Agreement; (3) or is only able to partially fund the expenditures required by this
contract, then the County may, upon giving Kerr 911 written notice of such failure
to fund and of termination, terminate this Agreement, or part thereof, without any
further liability, effective (30) days after the County notifies Kerr 911 in writing of
such failure to fund and of termination. The County shall pay Kerr 911 for work
completed up to that date. There shall be no recourse for Kerr 911 as to sums
beyond those for work performed to that date, including no recovery allowed for
consequential damages, interruption of business, or lost profits anticipated being
made hereunder. County reserves the right to enforce the performance of this
Agreement in any manner prescribed by law or deemed to be in the best interest
of the County in the event of breach of default. In the event of termination of this
Rural Addressing Service Agreement
Page 4
contract, County reserves all, rights and remedies available under this
Agreement and applicable law.
12. All data, textual and graphic, associated with the rural addressing project,
covered by the services performed under this agreement shall be, become and
remain the sole property of Kerr 9-1-1. KERR COUNTY shall have access to
said data as required by the Texas Open Government statue, limited by the
Health and Safety Code 771.061, "Confidentiality of Information," and as limited
by current and future non-disclosure agreements Kerr 9-1-1 has or will execute
through its commercial partnerships.
13. Any notices required to be given by any party to this agreement shall be mailed
or faxed to the other party at the following addresses:
KERR COUNTY
Kerr County Judge
700 Main Street
Kerrville, Texas 78028
(830) 792-2218
Kerr Emergency 9-1-1 Network
Executive Director
819 Water Street, STE 270
Kerrville Texas 78028
FAX (830) 792-5923
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Copies to:
Kerr County Attorney
700 Main Street, STE BA-103
Kerrville, Texas 78028
FAX (830) 792-2228
A party may change the address to which notices under this agreement are to be given
in written notification of the address change to the other party.
EXECUTED at Kerrville, Kerr County, Texas, on the day and year first written above.
COUNTY
KERR COUNTY, TEXAS
700 Main Street
Kerrville, Texas 78028
Kerr 9-1-1
Kerr Emergency 9-1-1 Network
819 Water Street, STE 270
Kerrville, Texas 78028
B~~'
~-~Trrte~ ~•
Kerr County Judge
ACTING ON BEHALF AND BY THE
AUTHORITY OF THE KERR
COUNTY COMMISSIONERS COURT
AT~TE ~~
~FUua~
J nnett P eper, Count Clerd
Deputy, County Clerk
William E. Amerine
Executive Director
ACTING ON BEHALF AND BY THE
AUTHORITY OF THE BOARD OF
MANAGERS OF KERR EMERGENCY
9-1-1 NETWORK
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