ORDER N0. 26i~5
AP'P'ROVE FORM
FOR THE VOLUNTEER FIRE DEPARTMENT CONTRRCTS
On this the 1?,th day of December 1999, upon motion made by
Commissioner Gr-iffin, seconded by Commissioner Williams, the
Court unanimously approved by a vote of 4-0-0, the for-m for^
the Volunteer Fire Depar^tment Contracts and County Judge
to sign same.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Fred Henneke OFFICE: County Judge
MEETING DATE: December 13. 1999 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss approval of form for the Volunteer Fire Department Contracts and
authorize the County Judge to sign same.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF ..;RSONNEL MATTER -NAME OF EMPLOYEE:
County Judge
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
prepazed 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 eazliest opportunity. See Agenda Reques[ 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. 352.001, to famish fire protection to the residents of
the County who live in the unincorporated areas of the County; and
WHEREAS, under paragraph (c) of that Section, COUNTY has the authority to enter into contracts
with incorporated volunteer fire departments for [he provision of fire protection in the unincorporated areas of the
County; and
WHEREAS, [he 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.
1T IS THEREFORE AGREED [hat:
Consideration. In consideration for the provision of fire protection described below to the residents of
COUNTY, DEPARTMENT shall be entitled to a sum not to exceed $10,700.00 per annum.
Disbursements from said amount shall be made only on presentment of receipts to and approved by the
Kerr County Auditor for expenses incurred in the provision of such fire fighting services including, but
not limited to replacement parts, training, equipment, and insurance.
2. Workers Compensation Insurance. In addition to the consideration set forth above, COUNTY agrees to
provide +aorkers compensation coverage for medical expenses incurred while performing fire protection
duties as defined herein 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 Workers Compensation insurance carrier.
3. Services. DEPARTMENT shall famish fire protection and equipment to the unincorporated areas of
the County served by DEPARTMENT at the same level provided during the previous Fiscal Year.
DEPARTMENT shall, considering DEPARTMENT'S commitments to its own azea, provide back-up
emergency fire fighting services to other areas of the County as requested.
4. Financial Records. DEPARTMENT shall keep financial 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 Kerr County Auditor, and such persons as may
be given such authority by COUNTY, including members of the Department Advisory Board.
5. Trainine. DEPARTMENT shall ensure that all of its members are adequately trained and certified and
available for fire protection and shall establish a [raining program which includes a continuing education
program. DEPARTMENT shall prepare and maintain an individual training record for each member
showing [he training received. including [he 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 [he individual [raining record.
6. IRS Classification. DEPARTMENT'S Internal Revenue Service, non-profit classification is
and its IRS EIN is # 74-2657511
7. Aoolicable Guidelines. DEPARTMENT agrees to comply with and follow the guidelines promulgated
by the Texas Firemen's and Fire Marshal's Association, as applicable to volunteer fire departments.
8. Annual Financial Reports. DEPARTMENT shall submit to the Kerr County Auditor annual financial
reports of all expenditures and income for [he period covered by this Agreement not later than ninety (90)
days after the expiration of the prior fiscal year.
9. Term. The term of this agreement is one year beginning on October 1, 1999, and ending on September
30, 2000, unless earlier terminated by either party on thirty (30) days written notice addressed as
provided below. The term of this agreement herein-specified may be modified by agreement of the
parties.
10. Use of Funds. No moneys paid to DEPARTMENT shall be expended for any purpose other than for
the provision of fire protection services and equipment as provided herein to residents of COUNTY;
provided, however, that no moneys may be expended for the provision of salaries to any person.
11. Non-Exclusive. 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.
12. Default.
(A.) In the even[ either party shall fail to keep, observe or perform any covenant, agreement, term or
provision of this Contract to be kept, observed or performed by such party, respectively, and such
default shall continue for a period often (10) days after notice thereof by the non-defaulting party
to the other, then in any such event the non-defaulting party shall be entitled to terminate this
Contract.
(B.) No delay on the part of either party in exercising any right, power or privilege shall operate as a
waiver thereof, nor shall any single or partial exercise of any right, power or privilege constitute
such a waiver nor exhaust the same, which shall be continuing. No notice to or demand on either
party in any case shall entitle such party to any other or further notice or demand in similar or
other circumstances, or constitute a waiver of the rights of either party to any other or further
action in any circumstances without notice or demand.
13. Successors and Assi¢ns. This Contract shall inure to the benefit of, and be binding upon, the parties
hereto and their respective heirs, legal representatives, successors and assigns; provided that
DEPARTMENT may not assign this Contract without COUNTY'S prior written consent.
14. Governing Law. This Contract shall be governed by and construed and interpreted in accordance with the
laws of the Stale of Texas and shall be enforceable in, and venue shall be in Kerr County, Texas.
I5. Notices. Any notice or communication hereunder must be in writing, and may be given by registered or
certified mail; if given by registered or certified mail, same shall be deemed to have been given and
received when a registered or certified letter containing such notice, properly addressed, with postage
prepaid, is deposited in the United States mail; and if given otherwise than by registered mail, it shall be
deemed to have been given when delivered to and received by the party to whom it is addressed. Such
notices or communications shall be given to the parties hereto at the addresses set forth below. Any party
hereto may at any time by giving ten (10) days written notice to the other party hereto designate any other
address in substitution of the foregoing address to which such notice or communication shall be given.
16. Severabilitv. If any term, covenant or condition of this Contract or the application thereof to any person
or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Contract or the
application of such term, covenant or condition [o persons or circumstances other than those as to which
it is invalid or unenforceable, shall not be affected thereby, and each term, covenant or condition of this
Contract shall be valid and shall be enforced [o the fullest extent permitted by law.
17. Relationship. The parties hereby agree that this is a contract for the administration of the Program and
hereby renounce the existence of any other relationship including any agency relationship. In no event
shall COUNTY have any obligation or liability whatsoever with respect to any debts, obligations or
liabilities of DEPARTMENT, and DEPARTMENT shall have not authority to bind COUNTY to any
contract, matter or obligation. No duties of COUNTY are delegated to DEPARTMENT by this Contract
and any provision which is or may be held to be such a delegation shall be of no force or effect.
AS KERB COUNTY MAY BE LIABLE FOR NEGLIGENT ACTS OF VFD WORKERS, IT SEEMS
ADVISABLE. FOR THE FOLLOWING INSURACE PARAGRAPH TO BE INCLUDED. HOWEVER, I
REMAIN UNCERTAIN OF THE POLICY OF THE COMMISSIONERS' COURT IN THIS REGARD AND
IT IS NOT MY INTENTION TO HERE SET POLICY IN THIS MATTER. EFFORTS BY COUNTY TO
ATTENUATE THE RELATIONSHIP OF THE PARTIES TO THIS CONTRACT, SUCH AS IN SECTION
17, SUPRA, WOULD LIKELY BE DETERMINING FACTORS WHICH WOULD LIMIT OR ELIMINATE
COUNTY'S COVERAGE UNDER ITS OWN POLICIES FOR THE ACTS OF THOSE EXCLUDED.
NONETHELESS, COUNTY MAY BE HELD LIABLE FOR VFD'S NEGLIGENT ACTS AS SEEN IN
ATTORNEY GENERAL OPINION JM-748.
18. Insurance. DEPARTMENT shall provide and keep continuously current and in effect at all times during
the term of this agreement as specified herein, at DEPARTMENT'S sole expense, at least the following
minimum insurance coverage with a carrier or carriers licensed to do business within the State of Texas,
insurance against claims for bodily injury, death, or property damage occurring to DEPARTMENT'S
members or to third parties with whom DEPARTMENT may come in contact with while carrying out the
fire prevention duties herein-specified in at least the amount of $1,000,000.00 per individual,
$1,000,000.00 per occurrence and $1,000,000.00 respecting property damage. Said insurance shall
cover all vehicles owned or operated by DEPARTMENT in carrying out its fire prevention duties. Said
insurance shall apply as primary coverage and not in excess of or contributing with other insurance which
COUNTY may carry and shall name COUNTY as an additional insured and shall apply separately to
COUNTY as if separate policies had been issued to DEPARTMENT and COUNTY. Should the
insurance herein-required lapse at any time during the term of this contract, such lapse may be treated as
a breach by COUNTY and this lease may be cancelled following aten-day written notice to -
DEPARTMENT provided by certified mail to the address set out herein. __~fi
19. Modification: Termination. This Contract may be amended, modified, terminated or released only by
written instrument executed by COUNTY and DEPARTMENT, except as herein otherwise provided.
20. TotalTo[al A~rcement. This Contract is a total and complete integration of any and all undertakings existing
behveen the parties hereto and supersedes any prior oral or written agreements, promises or
representations betH~een them. The headings of the various paragraphs of this Contract are for
convenience only, and shall not define, interpret, affect or prescribe the meaning and interpretation of the
provisions of this Contract.
21. Effective Date. This agreement is effective upon approval by Order of the Kerr County Commissioners'
Court.
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22. Authori The undersigned officers and/or agents of the parties hereto are the properly-authorized
officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolutions extending said authority have been
duly passed and are now in full force and effect.
EXECUTED in multiple originals on the day of , 1999.
President
HUNT VFD
Date:
HUNT VOLUNTEER FIRE DEPARTMENT:
HUNT VFD
P.O. BOX 167
HUNT TEXAS 78024
CLERK'S CERTIFICATION
Fred Henneke
Kerr County Judge
Date:
KERB COUNTY:
KERR COUNTY JUDGE
KERR COUNTY COURTHOUSE
700 E. MAIN
KERRVILLE. TEXAS 78028
I, JANNETT PIEPER, County Clerk of Kerr County, Texas, certify that the above agreement was
approved, accepted and agreed to by the Commissioners' Court of Kerr County, Texas on
1999, in Order No. recorded and
filed in Volume ,Page , of the Minutes of the Commissioners' Court of Kerr
County, Texas.
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Jannett Pieper
County Clerk
Kerr County, Texas
Date: