nr2DE_Fa No. i_~a~z~91
t1F'F='RC]VFiI_ CJF- COIVTRFaGT P.F:TWFE:N F;EFtFt COL!NTY RND
COME"OR"f VOLI.IPJ'I"EL=R F:[i?Ei 1}OPtIFTME_NT
On this day the '7th day of October, 1997 ._rpcm motion made by
Commissioner- Let z, seconded b.• Commissioner Lackey, +,he Ca~_irt
unanimously approved by a vote of 4-a-Qt, the contract between
Kerr Co~_tnty and Gomfnrt Vol.~.u~teer Fire Department nand
ai.~thorize Cn~anty .7i_tdge to sign same.
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THE COUNTY COURT
oe
KERR COUNTY, TEXAS
COUNTY JUDGE
RGBERT A. DENSON
CDMM199IDNER9 COURT
H. A. "BUSTER' BALD WIN, PCT. L
T. H. "BOTCH" LACKEY, PCT. Z
IONATHAN LETZ, PCT. 3
BRUCE OGHLER, PCT. Q
700 MAIN KERRYILLE, TEXAS 7$02$ CLERK
TEL: (830) 792-2211 PATRICIA DYE
PAX: (830) 792-221$
October 6, 1997
Comfort Volunteer Fire Department
P.O. Box 681
Comfort, Texas 78013
Re: Contract with Ken County
Attn: Danny Morales
Dear Mr. Morales:
ADMINISTRATIVE ASST.
THEA SONIC
Please find enclosed two (2) copies of the Volunteer Fire Department Contract for
1997-1998. Please sign both copies and return both to Kerr County Commissioners'
Court.
Please note that we increased Kerr County's payment by $1,000 to $6,400. This
increase will highly defray some of your increased costs. It is also a way for the Ken
County Commissioners' Court to show its support of all our Volunteer Fire Departments
and the excellent service you provide the community.
Sincerely,
Pct. #3
JL/ts
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 COMFORT 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, 1997, and
ending on September 30, 1998, unless earlier terminated by either party on thirty
(30) days written notice addressed to:
COUNTY:
DEPARTMENT:
KERB COUNTY JUDGE COMFORT VFD
KERR COUNTY COURTHOUSE P.O. BOX 681
700 E. MAIN COMFORT. TEXAS 78013
KERRVILLE. 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 $6,400.00.
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 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 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:
cL~~ -' •~
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.
~, ~
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President
COMFORT VFD
Date: ~~~
R bert A. enso
Kerr County Judge
Date: 0 Z
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 Ken
County, Texas on october z7tn 1997, in
Order No. zso91 recorded and filed in Volume °v^ ,Page
4s7 , of the Minutes of the Commissioners' Court of Kerr County,
Texas.
~~-1~~,~ ~J~
PATRICIA DYE
County Clerk
Kerr County, Texas
Date: October 27, 1997
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