URDER NO. 24978 APPROVAL OF CONTRACT FROM THE MUUN'PAIN HOME VOLUNTEER FIRE DEPARTMENT AND AUTHORIZE COUNTY JUDGE'S SiGNA'IURE Un this the 13th day o2 April 1992, upon motion made by Commissioner Oehler, seconded by Commissioner Holekamp, the court unanimowly approved by • vote o! 4-0-0, to accept the r_ontract as submitted by the Mountain Hume Volunteer Fire Department, Inc. and to authorize the t'ounty Judge to sign said Contract on behalY ui Kerr County. COMMISSIONERS' COURT AGENDA REQUEST *PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Bruce Oehler OFFICE: Commissioners' Court MEETING DATE: April 13, 1992 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Accent Contract from the MoimT_ain Home Volunteer Fire Department, Inc. and authorize the County .Tndee to lien. EXECUTIVE SESSION REQUESTED: YES NO x PLEASE STATE REASON FOR EXECUTIVE SESSION ESTIMATED LENGTH OF PRESENTATION: PERSONNEL MATTER - NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: commissioner Pct. 114 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 Monday: 12:00 P.M. previous Wednesday THIS REQUEST RECEIVED BY: is THIS REQUEST RECEIVED ON : 4/1/92 ~ 2:30 pm All 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 Mountain Home Volunteer Fire Department, Inc., 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 vid/#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: H onora ble W.G. Stacy K err C oun ty Judge K C C h err oun ty ourt ouse 74 0 E. Ma in K errvill 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 $4.100.00. 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: # 7~/~9~s3s 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 such information as required by the County Treasurer or the carrier. 15. This agreement is effective upon acceptance by order of the Kerr County Commissioners' Court. ICJ-'~-c~a.D Preside. /Y1); Hdm ~ U, F, y, Volunteer Fire Department Date: I~/q~Z W.G. Stacy Kerr County Judge Date: ~~ ~ q~ 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 April 13, 1992 in Order No. 2os~s recorded and filed Mme as erlanif,st of the Minutes of the Kerr County Commissioners' Court, Kerr County, Texas. ~ ~ ~ ~, •,, ,~ .,',• ' 1 • ~. ~ . ~~ /,b/~~ Patricia Dye Kerr County Clerk ~~~'~/"~~ Ke~~ounty, Texas gy; SC.Qti~(~:f deputy April 15. 1992 Date 4