ORDER NO. ~~4J`77 {=~I-'4'RUViiL. CiF Nl1iVT 4'C:ii_UfJTEEFi FIRE i~EPiiitT'h4t2hJT ivONTRFfUT FUR E=IL~~C:RL YE7=i E2 19=3`.i~-i'39u FllVi:i i=tUl°I-iOR:i:t THE COUNTY J'UDGE_ TO SIGN SHID DOCUMENT On this tt}e rend day of Jan~_{ary 1~j7f;, c{pon motion made by Commissioner- Uehlc?r, seconded by Commissioner tiolekamp, tt}e i:of_{.t unanimously approved by a vote of 4-~-0, to approve blte C'GntT'aC]t bE't WeE'i} {iB i"T' L'D t,I C}ty ai}d thB FI ~.{7}t VCli l.lnt BE•T' i-t. T'B Depar°tment as pr-~ese--.rated to the Co=_{rt and c'i~-ttt}or 12. E' the County .Jf..tcige to sign said doc,_{ment. VOLi11vTEER E= I FiE: DF_F'AR fMENT CONTRAC I WI-1EREf-iS, P.err' C:o~_tnty, Texas, hereinaiter COUhiTY', a political subdivision of the State of Texas, has the a.-{tnor~ity, f_tnder Texas Locail Government t::ode JBC7. :'JI. lNlto ftArrtish fi'r e protection to the residents of tt}e coy-wtty who live outside mr.{nic:ipalities; anc; Wi-IERE~~S, under- paragraph (ci oi= 'tt}at :iectioi}, CCiUI'J-I-'Y t}as; tt}e al.{i:ho r'ity to enter- into contracts with incorporated vo l,.ant eer'~ fire departments for the provision of fire fighting servi.ca•s in the co~_{ntyq and WHF_RE~1S, the HUPdT VOL.UNTE:ER FIRE DE~'ARTMENT, hereinafter IiEF't=aFtThiEi~l'i, an incorporated voi~.tnteer fire department, desires to eater into s'-{ct} a ccint ract for the provision crf i'i.re fighting service<.s and Fire fighting eq~_tipment to saif:l residents of the coy-{nty. I I :[ ~ ~ i-iicREf=ORE ~aGRiEi_D that 1. DE:F'Rt2T~14ENT will 1'~-trn.rsh fire fi.gFttJ.ng services exnd eq~_ripmei}t to the areas served by DEt'~=~E2TME=NT du.r'~ing tI-,e last Fiscal. Year. C. DEEF}f-fRThIEtVT will f,.trnish fire fighting services gat tt}e saoic~~ level as Wd5 provided to its area d~_rrirrg the oast 1=fiscal Year. ;.,. DEEF''f-IRTt*iE:tJT will pr'ovicle personnel that are at l.easa minimally trained or certified r-~equested. ';-,. Tt}is contract is rant excli_{sive and COUtvTY reserves the r r.yni: to currtract with acJciitionai parties for the F;r~ovi.=..ion u~~ fire protection ire the area covered by ttti<.a agreemer~'L. n. liEPf-1R~1-MEP~JI" agrees to establish ~~ tr~ainir~g program for. tt-reir• member-s> to ins,_Er-e at q~_talified Vol~_u-iteer Fire IJeE,ar'tment. TERM i. The term of this agreement i.s one year t;eyinnir~g vn October 1, 19]E;, and ending cieptember :;k'i, 199Ea, ,_u7less ear~~lier terminated by either- party vn thirty t~QE) days written notice dU d're sseU tO: cauNrv f:ERR (:OUNI"'`r SUDGI KERR OOUIVTY COUF2'rh1OUSE (yJ i%1 r'.. IYtFJ 11V t;ERRVILLE, "fX 7:5kir'1=S COiVS I nE RfaT I GiV nEF'AR"fi*1EtJT s ~iuraT VFn F'. u. E'•Oh 16'i i-1UN"f, "I X 78~'~2ff £S. In considera'tivn for the provision of fire figt-~ting services to the r~esiden~ts of i:;OUPJT`r, i3E~pf~+F2Tl`•tlci~T shall t.,ec entitled to a sum not to e>:ce•ed 37,70~.0~2E. 1)isb,_Ersements from said amo~_Ent shah be made only on presentment or r'eceipt's to and approved by the Gvunty Auditor fvr ev,penses inc,_rr~red in the provision of s~.ECh i=ire righting services incl~_iding, h,.E't not limited to yascrline, oil replacement Fart, training, egi_Eipment, and ins~_Eranc_e. 9. No moneys paid tv DEPARTMENT st-~all be; exper'~ded fvr any pi..rrpose other ttr£sn i=vr• the pr-ovisivn oi= l'ir'e protection services and equipment to residents of COLJNTY. Ncr moneys, however, may be expended fv'r the provision of salaries to e:Er~~y person. lk~. nEF4'"aRl~i`rIEhJ7~ shall keeFi recor~~ds accvrdir~g to generally accented acco~.xnting practices, and all boobs and records v~F nE:F4-lRTP4EIJT shall be open fvr inspection d~_Ering nv'r mal b~_ESir~esc> tlo~_Ir s 'to any member of th-.e public:, 'the Co~_uity F1 ~_uj it or, anii tv stack persons as may tie given such author-~ity by COUNTY, incl~.idiny members oi= tl~ie Vol~.inteer Fire nepartmer~t ;=idvisor~y Etva~~-~d. 11. llEF'ARl"ME_MT shall strive to ens~_Ere that all its members ar'E' z~tdeq~..tately trained and si~aal encieavvr tv establish a training prvgr~:rni wt'iich inc_:t~_Edes a cvntinuirig education program. nEPAft'rMEi`•iT shall prepare and maintain an individ~_Eal training record fvr each member shc;wing t~raiillnG received, inc:l~_tdir~g tine s,_Eb.iect, dt~.te, amount of time tend tt-~e dame oi= tyre instr~_ECtion providing such training. Gvpies of any and all licenses, certii-ications, and cvtarse completion certificates sha11 also be included in tt-,e individ,_Eal training record. These records st-~all not be open to the extf=nti that threy contain f-Eider al Privacy Rct matters. 1.'_. nEPAR'rMEN'r'S Internal F2evran~.te aervice, r~vn--profit cl~assi.fication is. # 7 4~ -- c E ~'! ~~ 1 J. 1~. Dii_pi=iFtThiEi`ii agr Eees to comply witi-~ :,rid foiaow tic= g~_tideline=_; prum~_tlyated by the Texas Firemen and F=ire Marsl-iali" s Gaa<.asoc_iatinny a<.a t~ppi:it_ahleto `JOl~_tnteer fire ciepar"iments. 14. UF_PARTMtNI shall sut;mit to Kerr- Co~_tnty f=auditor- rinanaial ann~_tai report of all expendit~_rr•es; and income for the perioci covered by this agrE?emerit. iz;. Sr-. addition to the consideration =_,et font; above, C;OUN~IY agrees to provide workers c;omperzsation CovE?r'age for- each member of liEr'RRTi~iEl'd"I" d~_trir~g ti-~e tern. of this contract. DEf='t-~RINENl shall p'ruvide to tt-~e Kerr t~ot.rnty freas~_Erer- hhe names of eact-~ rnembe'r of I?EGARThAENT to be covered by Workers tvompensa;tion and any other information on said individ~_tals as re~qui.rE=d by the carrier. lb. "this agreement i=.s effective ;.tpon acceptance by tJrder of tt~ie 1-:err i:ot.ct-~ty i:,ornmissior~ers' i::nurt. i si Serrv Fldams F='re±>ident i-{ ~_i n i. t~ r D i JQUEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF TH1S REOUEST AND DOCUMENTS .r TO BE REVIEWED BY THE COURT. MADE BY: Robert A. Denson OFFICE: Count~udee MEETING DATE: Januar~22 1996 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Approve contract between Hunt Volunteer Fire Department and Kerr County and authorize the County Judge to sigxt same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: C~ NAME OF PERSON ADDRESSING THE COURT: 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 towards 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 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 HUNT 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: KERB COUNTY JUDGE KERB COUNTY COURTHOUSE 700 E. MAIN KERRVILLE, TEXAS 78028 HUNT VFD P.O. BOX 167 HUNT. TEXAS 78024 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 $7,700.00. Disbursements from said amount shall be made only on presenUnent 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 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 maintani 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: # 74-2657511 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, COUNTY 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. C`~-a Press nt HUNT VFD Date: \- ~ `~ - °~~ ~^'~--- Rob rt A. Denson Kerr Coulnty/ Judgep / Date: ~ZZ 6 X~ CLERK'S CERTIFICATION I, PATRICIA DYE, County Clerk of Kerr County, Texas, certify that the above agreement was accepted and agreed to by the Commissioners' Court of Kerr County, Texas ou 1995, in Order No. recorded and filed in Volume ,Page of the Minutes of the Commissioners' Court of Kerr County, Texas. PA~RICIA DYE County Clerk KeFr County, Texas Date: ~` ~~~ "/`r'~'~