COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: stare xeid
MEETING DATE: November 25, 1991
QFFICE: County Attorney
TIME PREFERRED:
/approval and
SUBJECT: (PLEASE BE SPECIFIC) Consider acceptance of Contracts with
Volunteer Fire Departments.
EXECUTIVE SESSION REQUESTED: YES
PLEASE STATE REASON FOR EXECUTIVE SESSION
NO
ESTIMATED LENGTH OF PRESENTATION:
PERSONNEL MATTER - NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT
Asst. County Attorney/Fire Chiefs
Time for submitting this request for Court to assure that the matter Is posted 1n accordance
with Article 6252-17 Is as follows:
~ Meetings held on second Monday: 12:00 P.M. previous Wednesday
* Meetings held on Thursdays: 5:00 P.M. previous Thursday
THIS REQUEST RECEIVED BY: is
THIS REQUEST RECEIVED ON : 11/19/91 ~ 8:30 am
Ail Agenda Requests will be screened by the County Judge's Office to determine if
adequate information has been prepared for the Court's formal consideration and action
at time of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at the earliest opportunity. See Agenda Request
Guidelines.
vfd/#3
WHEREAS, Kerr County, Texas, hereinafter COUNTY, a political
subdivision of the State of Texas, has the authority, under Texas
Local Government Code §352.001 to furnish fire protection to the
residents of the county who live outside municipalities; and
WHEREAS, under paragraph (c) of that Section, COUNTY has the
authority to enter into contracts with incorporated volunteer fire
departments for the provision of fire fighting services in the county;
and
WHEREAS, the Volunteer Fire
Department, hereinafter DEPARTMENT, an incorporated volunteer fire
department, desires to enter into such a contract for the provision
of fire fighting services and fire fighting equipment to said
residents of the county.
IT IS THEREFORE AGREED that:
1. DEPARTMENT will furnish fire fighting services and equipment
to the areas served by DEPARTMENT during the last Fiscal Year.
2. DEPARTMENT will furnish fire fighting services at the same
level as was provided to it's area during the last Fiscal Year.
3. DEPARTMENT will provide personnel that are at least
minimally trained or certified and available for fire fighting
services.
4. DEPARTMENT shall, considering DEPARTMENT'S commitments to
it's own area, provide back-up emergency fire fighting services to
such other areas of the county as requested.
5. This contract is not exclusive and COUNTY reserves the right
to contract with additional parties for the provision of fire
protection in the area covered by this agreement.
6. DEPARTMENT agrees to establish a training program for their
members to insure a qualified Volunteer Fire Department.
1
vfd/#3
Term
7. The term of this agreement is one year beginning on October 1,
1991, and ending on September 30, 1992, unless earlier terminated
by either party on thirty (30) days written notice addressed to:
COUNTY: DEPARTMENT:
Ho	n	ora	ble	W.G. Stacy
Ke	rr	C	oun	ty Judae
		C		C
h
Ke	rr		oun	ty
ourt
ouse
70	0	E.	Ma	in
Ke	rr	vill	e.	Texas 78028
Consideration
8. In consideration for the provision of fire fighting services to
the residents of COUNTY, DEPARTMENT shall be entitled to a sum not
to exceed $ Disbursements from said amount shall
be made only on presentment of receipts to the County Auditor for
expenses incurred in the provision of such fire fighting services
including, but not limited to gasoline, oil, replacement parts,
training, equipment, and insurance.
9. No monies paid to DEPARTMENT shall be expended for any
purpose other than for the provision of fire protection services and
equipment to residents of COUNTY. No monies, however, may be
expended for the provision of salaries to any person.
10. All books and records of DEPARTMENT shall be open for
inspection during normal business hours to any member of the
public, the County Auditor, and to such persons as may be given such
authority by COUNTY, including members of the Volunteer Fire
Department Advisory Board.
11. DEPARTMENT shall strive to ensure that all of its members are
adequately trained and shall endeavor to establish a training
program which includes a continuing education program.
DEPARTMENT shall prepare and maintain an individual training record
2
vfd/#3
for each member showing the training received, including the
subject, date, amount of time and the name of the instructor
providing such training. Copies of any and all licenses,
certifications, and course completion certificates shall also be
included in the individual training record. These records shall not be
open to the extent that they contain Federal Privacy Act matters.
12. DEPARTMENT'S Internal Revenue Service, non-profit
classification is:

13. DEPARTMENT agrees to comply with and follow the guidelines
promulgated by the Texas Firemen's and Firemarshall's Association,
as applicable to volunteer fire departments.
14. In addition to the consideration set forth above, COUNTY agrees
to provide workers compensation coverage for each member of
DEPARTMENT during the term of this contract. DEPARTMENT shall
provide to the County Treasurer the names of each member of
DEPARTMENT to be covered by workers compensation and any other
information on said individuals as required by the carrier.
15. This agreement is effective upon acceptance by order of the
Kerr County Commissioners' Court.
President
Volunteer Fire Department
Date:
W.G. Stacy
Kerr County Judge
Date:
3
vfd/#3
CLERKS CERTIFICATION
I, PATRICIA DYE, Kerr County Clerk, certify that the above
agreement was accepted and agreed to by the Kerr County
Commissioners' Court on 1991, in Order
No. recorded and filed in Volume ,Page of
the Minutes of the Kerr County Commissioners' Court, Kerr County,
Texas.
Patricia Dye
Kerr County Clerk
Kerr County, Texas
Date
4
ORp~ N0, 20682
ANOE OF
~~~ ~ ~~ ~~
OE I~'~R 1991
Nov~Y 25.
Vol S Page 485