ORDER NU. ~~?9`=,8 RPPROVAL. OF CON"TRACT RETWEE=PJ F(ERR COUNTY AND CENTER POINT VtlLL1N'7"EF_R FIRE DE:~'f-3Rl"h1LIUT AND AU"fhIORIZATIOPJ OF "THE COUNTY .TUDGE 'f0 SIGN On this the 147th day of October 19`-3:i, ~..tpon motion made by Commissioner Oehler, seconded by .Madge Denson, the Court unanimously approved by a vote of 5-0-0, to appr-ovrs the contract Petween FCerr Co~.xnty and Center 4~oint Volunteer Fire Department and authorize to Ca~.uity Jud_ye to sign said QOTIt Ta Ct. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY Butch Lackey MEETING DATE: October 10, 1995 SUBJECT: (PLEASE BE SPECIFIC) OFFICE. Commissioner Pct. #2 TIME PREFERRED Consider and approval of contract between Kerr County and Center Point Volunteer Fire Department and authorize the County Jud eg to sign same. EXECUTIVE SESSION REQUESTED (PLEASE STATE REASON) ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE NAME OF PERSON ADDRESSING THE COURT Commissioner Pct. #2 Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays THIS REQUEST RECEIVED BY. THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. 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 towazds you request being addressed at the earliest opportunity See Agenda Request Rules Adopted by Commissioners' Court. VOLUNTEER FIRE DEPARTMENT CONTRACT WHEREAS, Kerr County, Texas, hereinafter COUNTY, a political subdivision of the State of Texas, has the authority, under Texas Local Government Code Sec. 351.001 to fiunish 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 CENTER POINT 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 its 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. TERM 7. The term of this agreement is one year beginning on October 1, 1995, and ending on September 30, 1996, unless earlier terminated by either party on thirty (30) days written notice addressed to: COUNTY: DEPARTMENT: KERR COUNTY JUDGE KERR COUNTY COURTHOUSE 700 E. MA1N KERRVILLE. TEXAS 78028 CONSIDERATION CENTER POINT V.F.D. P.O. BOX 494 CENTER POINT. TX 78010 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 $6,500.00. Disbursements from said amount shall be made only on presentment of receipts to and approved by 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 moneys 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 moneys, however, may be expended for the provision of salaries to any person. 10. DEPARTMENT shall keep records according to generally accepted accounting practices, and 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 l,~iven 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 for each member showing the training received, including the subject, date, amount of time and the name of the instruction 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: Center Point Volunteer Fire Deyt. 501 13. DEPARTMENT agrees to comply with and follow the guidelines promulgated by the Texas Firemen's and Fire Marshall's Association, as applicable to volunteer fire departments. 14. DEPARTMENT shall submit to Kerr County Auditor financial annual report of all expenditures and income for the period covered by this agreement. 15. In addition to the consideration set forth above, COiJNTY agrees to provide workers compensation coverage for each member of DEPARTMENT during the term of this contract. DEPARTMENT shall provide to the Kerr 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. 16. This agreement is effective upon acceptance by Order of the Kerr County Commissioners' Court. ~1 ~~ ~~-~~i' President Center Point Volunteer Fire Department Date: ~~~~~i0gl~ ~T ' Rob rt A. Dens Kerr Counnty~Judge Date: D~ • ~~ ~ ~ ~/d~ CLERK'S CERTIFICATION I, PATRICIA DYE, County Clerk of Ken County, Texas, certify that the above agreement was accepted and agreed to by the Commissioners' Court of Ken County, Texas on actober io, 1995, in Order No. ~4~a recorded and filed in Volume u ,Page ~s , of the Minutes of the Commissioners' Court of Ken County, Texas. PATRICIA DYE County Clerk Ken County, Texas Date: