ORDER N0. 27211 RPPROVRL OF FORM FOR VOLUNTEER FIRE DEF'RRTMENT CONTRRCT On this the 27th day of Rugust 2@@1, upon motion made by Commissioner- 6r-iffin, seconded by Commissioner Let z, the Court unanimously approved by a vote of 4-@-@, of the form for Volunteer Fire Department Contract and authorize the County Judge to sign same when presented with a contract signed by a Volianteer• Fire Department. 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 Hen OFFICE: County judge MEETING DATE: A 27 2001 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss approval of form of Volunteer Fire Department Contracts and authorize the County Judge to sign same when presented with a contract signed by a Volunteer Fire Department. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: 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: County Judge 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 towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. DRAFT -DRAFT KERR COUNTY VOLUNTEER FIRE DEPARTMENT CONTRACT WHEREAS, KERR COUNTY, TEXAS, hereinafter "Kerr County,"apolitical subdivision of the State of Texas, has the authority under Texas Local Government Code, Chapter 352 to contract with an incorporated volunteer fire department that is located within the county to provide fire protection to an area of the county that is located outside the municipalities in the county, and WHEREAS, the VOLUNTEER FIRE DEPARTMENT, hereinafter "the VFD,° an incorporated volunteer fire department (IRS EIN ), and Kerr County desire to enter into a contract for the provision of fire protection services to Kerr County by the VFD, IT IS THEREFORE AGREED that: Term. The term of this contract is one year beginning on October 1, 2001 and ending on September 30, 2002 unless earlier terminated in accordance with the provisions below. 2. Services Provided. The VFD shall provide fire protection services in its Primary Fire Response Area (PFRA) to Kerr County in accordance with the laws and rules of the State of Texas applicable to volunteer fire departments. 3. Consideration. Kerr County shall provide to the VFD a sum not to exceed during the term of this contract. In addition Kerr County shall provide Workers Compensation coverage to the VFD volunteer firefighters while performing fire protection duties under this contract. The _ VFD agrees to provide to the Kerr County Treasurer, in writing, a list of all VFD volunteer firefighters who are eligible for such Workers Compensation coverage and to update the list when any changes occur thereto. 4. Use of Funds. Expenditures up to the amount shown in paragraph 3. shall be made only for expenses incurred in the provision of fire protection services including, but not limited to, replacement parts, training, equipment, and insurance. No funds may be expended for a salary paid to any person. 5. Method of Payment. Unpaid invoices and billing statements for approved uses of funds may be presented to the office of the Kerc County Auditor for prepayment to the VFD. Paid invoices for approved uses of funds may be presented to the office of the Kerr County Auditor for reimbursement to the VFD. In either case payments shall be made in accordance with Kerr County bill payment procedures as established by state law. 6. Insurance. During the term of this contract the VFD shall provide and maintain insurance coverage at the levels of limitation of liability specified in the Texas Civil Practice & Remedies Code, Section 101.023 ($100,000.00 for each person and $300,000.00 for each single occurrence for bodily injury or death and $100,000.00 for each single occurrence for injury to or destruction of property). The VFD shall provide a copy of the insurance coverage documents to the County Auditor not later than the beginning of the contract term. Said insurance shall apply as primary liability coverage for the VFD while providing fire protection services under this contract. 7. Financial Reports. Not later than sixty (60) days after the end of the term of this contract the VFD shall submit to the Kerc County Auditor a summary report of all expenditures of Kerc County funds during the term of this contract. (Note: This report will not substitute for or replace other reports, if any, which may be required of the VFD by federal or state law.) 8. Audits. At anytime during the term of this contract the VFD may request from the Kerr County Commissioners Court an audit of its financial condition. If approved by the Commissioners Court, the audit will be conducted by the County Auditor. If deemed necessary by the Commissioners Court, the VFD shall make the necessary records available to the County Auditor for an audit of expenditures of county funds under this contract. Page 1 of 3 VFD Contract-2002(2).doc DRAFT -DRAFT 9. Successors. This contract shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, legal representatives, and successors. Neither party hereto shall assign this contract to another party. 10. Default. In the event either party shall fail to keep, observe, or perform any provision of this contract, the breaching party shall be deemed in default. If such default shall continue for a period of ten (10) days after notice thereof by the non-breaching party to the other, then the non-breaching party shall be entitled to terminate this contract immediately. 11. Governing Law. This Contract shall be governed by and construed and interpreted in accordance with the laws of the State of Texas and the venue for enforcement shall be Kerr County, Texas. 12. 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 othewise 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. 13. 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 to 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 to the fullest extent permitted by law. 14. Limits of Relationshia. The parties hereby agree that this is a contract for providing fire protection services in the VFD PFRA and hereby renounce the existence of any other relationship including any agency relationship. In no event shall Kerr County have any obligation or liability whatsoever with respect to any debts, obligations, or liabilities of the VFD, and the VFD shall have no authority to bind Kerr County to any contract, matter, or obligation. No duties of Kerr County are delegated to the VFD by this contract and any provision which is or may be held to be such a delegation shall be of no force or effect. 15. Modification: Termination. This Contract may be amended, modified, terminated, or released only by written instrument executed by the Kerr County Commissioners Court and the VFD, except as herein otherwise provided. 16. Total Agreement. This contract is a total and complete integration of any and all understandings existing between the parties hereto and supersedes any prior oral or written agreements, promises or representations between 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. 17. Effective Date. This agreement is effective on October 1, 2001 or upon execution by both parties and certification by the Kerr County Clerk, whichever occurs latest. 18. 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. Page 2 of 3 VFD Contract-2002(2).doc DRAFT -DRAFT EXECUTED in multiple originals on the President/Chairman VFD Date: VOLUNTEER FIRE DEPARTMENT: VFD day of 2001. Fred Henneke Kerr County Judge Date: KERR COUNTY: COMMISSIONERS COURT KERR COUNTY COURTHOUSE TEXAS 780_ 700 E MAIN ST KERRVILLE TEXAS 78028 CLERK'S CERTIFICATION 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 2001, in Order No. recorded and filed in Volume ,Page _ of the Minutes of the Commissioners' Court of Kerr County, Texas. Jannett Pieper County Clerk Kerr County, Texas Date: Page 3 of 3 VFD Contract-2002(2).doc KERR COUNTY VOLUNTEER FIRE DEPARTMENT CONTRACT WHEREAS, KERB COUNTY, TEXAS, hereinafter "Kerr County,"apolitical subdivision of the State of Texas, has the authority under Texas Local Government Code, Chapter 352 to contract with an incorporated volunteer fire department that is located within the county to provide fire protection to an area of the county that is located outside the municipalities in the county, and WHEREAS, the ELM PASS VOLUNTEER FIRE DEPARTMENT, hereinafter "the EPVFD," an incorporated volunteer fire department (IRS EIN 74-2358837), and Kerr County desire to enter into a contract for the provision of fire protection services to Kerr County by the EPVFD, IT IS THEREFORE AGREED that: Term. The term of this contract is one year beginning on October 1, 2001 and ending on September 30, 2002 unless earlier terminated in accordance with the provisions below. 2. Services Provided. The EPVFD shall provide fire protection services in its Primary Fire Response Area (PFRA) to Kerr County in accordance with the laws and rules of the State of Texas applicable to volunteer fire departments. 3. Consideration. Kerr County shall provide to the EPVFD a sum not to exceed $11,000.00 during the term of this contract. In addition Kerr County shall provide Workers Compensation coverage to the EPVFD volunteer firefighters while performing fire protection duties under this contract. The EPVFD agrees to provide to the Kerr County Treasurer, in writing, a list of all EPVFD volunteer firefighters who are eligible for such Workers Compensation coverage and to update the list when any changes occur thereto. 4. Use of Funds. Expenditures up to the amount shown in paragraph 3. shall be made only for expenses incurred in the provision of fire protection services including, but not limited to, replacement parts, training, equipment, and insurance. No funds may be expended for a salary paid to any person. 5. Method of Payment. Unpaid invoices and billing statements for approved uses of funds may be presented to the office of the Kerr County Auditor for prepayment to the EPVFD. Paid invoices for approved uses of funds may be presented to the office of the Kerr County Auditor for reimbursement to the EPVFD. In either case payments shall be made in accordance with Kerr County bill payment procedures as established by state law. 6. Insurance. During the term of this contract the EPVFD shall provide and maintain insurance coverage at the levels of limitation of liability specified in the Texas Civil Practice 8 Remedies Code, Section 101.023 ($100,000.00 for each person and $300,000.00 for each single occurrence for bodily injury or death and $100,000.00 for each single occurrence for injury to or destruction of property). The EPVFD shall provide a copy of the insurance coverage documents to the County Auditor not later than the beginning of the contract term. Said insurance shall apply as primary liability coverage for the EPVFD while providing fire protection services under this contract. 7. Financial Reports. Not later than sixty (60) days after the end of the term of this contract the EPVFD shall submit to the Kerr County Auditor a summary report of all expenditures of Kerr County funds during the term of this contract. (Note: This report will not substitute for or replace other reports, if any, which may be required of the EPVFD by federal or state law.) 8. Audits. At anytime during the term of this contract the EPVFD may request from the Kerr County Commissioners Court an audit of its financial condition. If approved by the Commissioners Court, the audit will be conducted by the County Auditor. If deemed necessary by the Commissioners Court, the EPVFD shall make the necessary records available to the County Auditor for an audit of expenditures of county funds under this contract. 9. Successors. This contract shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, legal representatives, and successors. Neither party hereto shall assign this contract to another party. 10. Default. In the event either party shall fail to keep, observe, or perform any provision of this contract, the breaching parly shall be deemed in default. If such default shall continue for a period of ten (10) days after notice thereof by the non-breaching party to the other, then the non-breaching party shall be entitled to terminate this contract immediately. 11. Governing Law. This Contract shall be governed by and construed and interpreted in accordance with the laws of the State of Texas and the venue for enforcement shall be Kerr County, Texas. 12. 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. 13. Severability. 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 to 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 to the fullest extent permitted by law. 14. Limits of Relationship. The parties hereby agree that this is a contract for providing fire protection services in the EPVFD PFRA and hereby renounce the existence of any other relationship including any agency relationship. In no event shall Kerr County have any obligation or liability whatsoever with respect to any debts, obligations, or liabilities of the EPVFD, and the EPVFD shall have no authority to bind Kerr County to any contract, matter, or obligation. No duties of Kerr County are delegated to the EPVFD by this contract and any provision which is or may be held to be such a delegation shall be of no force or effect. 15. Modification Termination. This Contract may be amended, modified, terminated, or released only by written instrument executed by the Kerr County Commissioners Court and the EPVFD, except as herein otherwise provided. 16. Total Agreement. This contract is a total and complete integration of any and all understandings existing between the parties hereto and supersedes any prior oral or written agreements, promises or representations between 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. 17. Effective Date. This agreement is effective on October 1, 2001 or upon execution by both parties and certification by the Kerr County Clerk, whichever occurs latest. 18. 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 early 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 mukiple originals on the ~ day of S;~_, 2001. Presid t/Ghair an ~'~' ELP PASS VOLUNTEER FIRE DEPARTMENT Date: CI~- 7- ~ L-l~ Fred Henneke Kerr County Judge Date: ~~l~~_~ VOLUNTEER FIRE DEPARTMENT: ELP PASS VOLUNTEER FIRE DEPARTMENT ROUTE 1 CENTER POINT, TEXAS 78010 CLERK'S CERTIFICATION KERR COUNTY: COMMISSIONERS COURT KERR COUNTY COURTHOUSE 700 E MAIN ST 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, Tezas on August 27 , 2001, in Order No.27211 recorded and filed io;1(sl~a Transcript , ii?sge of August 2001 , of the Minutes of the Commissioners' Court of Kerr County, Texas. '`~'S\ONEq~ _; ~ i~ ,,•, ~} ~~9,~'~ nnett Pieper -~ County Clerk Kerr County, Texas Date: ~~~~/Q~ ~~ ~w,~s~,. KERR COUNTY VOLUNTEER FIRE DEPARTMENT CONTRACT WHEREAS, KERR COUNTY, TEXAS, hereinafter "Kerr County,' a political subdivision of the State of Texas, has the authority under Texas Local Government Code, Chapter 352 to contract with an incorporated volunteer fire department that is located within the county to provide fire protection to an area of the county that is located outside the municipalities in the county, and WHEREAS, the TURTLE CREEK VOLUNTEER FIRE DEPARTMENT, hereinafter "the TCVFD," an incorporated volunteer fire department (IRS EIN 74-2500133), and Kerr County desire to enter into a contract for the provision of fire protection services to Kerr County by the TCVFD, IT IS THEREFORE AGREED that: 1. Term. The term of this contract is one year beginning on October 1, 2001 and ending on September 30, 2002 unless earlier terminated in accordance with the provisions below. 2. Services Provided. The TCVFD shall provide fire protection services in its Primary Fire Response Area (PFRA) to Kerr County in accordance with the laws and rules of the State of Texas applicable to volunteer fire departments. 3. Consideration. Kerr County shall provide to the TCVFD a sum not to exceed $11,000.00 during the term of this contract. In addition Kerr County shall provide Workers Compensation wvef to the TCVFD volunteer firefighters while performing fire protection duties under this contract. The ~ VFD agrees to provide to the Kerr County Treasurer, in writing, a list of all TCVFD volunteer firefighters who are eligible for such Workers Compensation coverage and to update the list when any changes occur thereto. 4. Use of Funds. Expenditures up to the amount shown in paragraph 3. shall be made only for expenses incurred in the provision of fire protection services including, but not limited to, replacement parts, training, equipment, and insurance. No funds may be expended for a salary paid to any person. 5. Method of Payment. Unpaid invoices and billing statements for approved uses of funds may be presented to the office of the Kerr County Auditor for prepayment to the TCVFD. Paid invoices for approved uses of funds may be presented to the office of the Kerr County Auditor for reimbursement to the TCVFD. In either case payments shall be made in accordance with Kerr County bill payment procedures as established by state law. 6. Insurance. During the term of this contract the TCVFD shall provide and maintain insurance coverage at the levels of limitation of liability specified in the Texas Civil Practice & Remedies Code, Section 101.023 ($100,000.00 for each person and $300,000.00 for each single occurrence for bodily injury or death and $100,000.00 for each single occurrence for injury to or destruction of property). The TCVFD shall provide a copy of the insurance coverage documents to the County Auditor not later than the beginning of the contract term. Said insurance shall apply as primary liability coverage for the TCVFD while providing fire protection services under this contract. 7. Financial Resorts. Not later than sixty (60) days after the end of the term of this contract the TCVFD shall submit to the Kerr County Auditor a summary report of all expenditures of Kerr County funds during the term of this contract. (Note: This report will not substitute for or replace other reports, if any, which may be required of the TCVFD by federal or state law.) 8. Audits. At anytime during the term of this contract the TCVFD may request from the Kerr County Commissioners Court an audit of its financial condition. If approved by the Commissioners Court, the audit will be conducted by the County Auditor. If deemed necessary by the Commissioners Court, the TCVFD shall make the necessary records available to the County Auditor for an audit of expenditures of county funds under this contract. 9. Successors. This contract shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, legal representatives, and successors. Neither party hereto shall assign this contract to another party. 10. Default. In the event either party shall fail to keep, observe, or perform any provision of this contract, the breaching party shall be deemed in default. If such default shall continue for a period of ten (10) days after notice thereof by the non-breaching party to the other, then the non-breaching party shall be entitled to terminate this contract immediately. 11. Governing Law. This Contract shall be governed by and construed and interpreted in accordance with the laws of the State of Texas and the venue for enforcement shall be Kerr County, Texas. 12. 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. 13. Severability. 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 to 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 to the fullest extent permitted by law. 14. Limits of Relationship. The parties hereby agree that this is a contract for providing fire protection services in the TCVFD PFRA and hereby renounce the existence of any other relationship including any agency relationship. In no event shall Kerr County have any obligation or liability whatsoever with respect to any debts, obligations, or liabilities of the TCVFD, and the TCVFD shall have no authority to bind Kerr County to any contract, matter, or obligation. No duties of Kerr County are delegated to the TCVFD by this contract and any provision which is or may be held to be such a delegation shall be of no force or effect. 15. Modification: Termination. This Contract may be amended, modified, terminated, or released only by written instrument executed by the Kerr County Commissioners Court and the TCVFD, except as herein otherwise provided. 16. Total Agreement. This contract is a total and complete integration of any and all understandings existing between the parties hereto and supersedes any prior oral or written agreements, promises or representations between 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. 17. Effective Date. This agreement is effective on October 1, 2001 or upon execution by both parties and certification by the Kerr County Clerk, whichever occurs latest. 18. 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 ~, 2001. /~S%~ Pre idenUChairm n TURTLE CREEK LUNTEER FIRE DEPT. Date: ~' 42-0 ~ Fred Henneke Kerr Coun~tyiJudge Date: ` Q VOLUNTEER FIRE DEPARTMENT: TURTLE CREEK VOLUNTEER FIRE DEPT. 651 UPPER TURTLE CREEK KERRVILLE, TEXAS 78028 CLERK'S CERTIFICATION KERR COUNTY: COMMISSIONERS COURT KERR COUNTY COURTHOUSE 700 E MAIN ST 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 nugust 27th , 2001, in Order No. z~zii recorded and filed in Volume A„~„ar m , Transcript , of the Minutes of the Commissioners' Court of Kerr County, Tezas. Ja~tt Pieper r County Clerk Kerr County, Texas Date: ~~~°`7"~ KERR COUNTY VOLUNTEER FIRE DEPARTMENT CONTRACT WHEREAS, KERR COUNTY, TEXAS, hereinafter "Kerr County,"apolitical subdivision of the State of Texas, has the authority under Texas Local Government Code, Chapter 352 to contract with an incorporated volunteer fire department that is located within the county to provide fire protection to an area of the county that is located outside the municipalities in the county, and WHEREAS, the CENTER POINT VOLUNTEER FIRE DEPARTMENT, hereinafter "the CPVFD," an incorporated volunteer fire department (IRS EIN 74-1673689), and Kerr County desire to enter into a contract for the provision of fire protection services to Kerr County by the CPVFD, IT IS THEREFORE AGREED that: Term. The term of this contract is one year beginning on October 1, 2001 and ending on September 30, 2002 unless earlier terminated in accordance with the provisions below. 2. Services Provided. The CPVFD shall provide fire protection services in its Primary Fire Response Area (PFRA) to Kerr County in accordance with the laws and rules of the State of Texas applicable to volunteer fire departments. 3. Consideration. Kerr County shall provide to the CPVFD a sum not to exceed $11,000.00 during the term of this contract. In addition Kerr County shall provide Workers Compensation coverage to the CPVFD volunteer firefighters while performing fire protection duties under this contract. The CPVFD agrees to provide to the Kerr County Treasurer, in writing, a list of all CPVFD volunteer firefighters who are eligible for such Workers Compensation coverage and to update the list when any changes occur thereto. 4. Use of Funds. Expenditures up to the amount shown in paragraph 3. shall be made only for expenses incurred in the provision of fire protection services including, but not limited to, replacement parts, training, equipment, and insurance. No funds may be expended for a salary paid to any person. 5. Method of Payment. Unpaid invoices and billing statements for approved uses of funds may be presented to the office of the Kerr County Auditor for prepayment to the CPVFD. Paid invoices for approved uses of funds may be presented to the office of the Kerr County Auditor for reimbursement to the CPVFD. In either case payments shall be made in accordance with Kerr County bill payment procedures as established by state law. 6. Insurance. During the term of this contract the CPVFD shall provide and maintain insurance coverage at the levels of limitation of liability specified in the Texas Civil Practice & Remedies Code, Section 101.023 ($100,000.00 for each person and $300,000.00 for each single occurrence for bodily injury or death and $100,000.00 for each single occurrence for injury to or destruction of property). The CPVFD shall provide a copy of the insurance coverage documents to the County Auditor not later than the beginning of the contract term. Said insurance shall apply as primary liability coverage for the CPVFD while providing fire protection services under this contract. 7. Financial Reports. Not later than sixty (60) days after the end of the term of this contract the CPVFD shall submit to the Kerr County Auditor a summary report of all expenditures of Kerr County funds during the term of this contract. (Note: This report will not substitute for or replace other reports, if any, which may be required of the CPVFD by federal or state law.) 8. Audits. At anytime during the term of this contract the CPVFD may request from the Kerr County Commissioners Court an audit of its financial condition. If approved by the Commissioners Court, the audit will be conducted by the County Auditor. If deemed necessary by the Commissioners Court, the CPVFD shall make the necessary records available to the County Auditor for an audit of expenditures of county funds under this contract. 9. Successors. This contract shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, legal representatives, and successors. Neither party hereto shall assign this contract to another party. 10. Defauk. In the event either party shall fail to keep, observe, or perform any provision of this contract, the breaching party shall be deemed in default. If such default shall continue for a period of ten (10) days after notice thereof by the non-breaching party to the other, then the non-breaching party shall be entitled to terminate this contract immediately. 11. Governing Law. This Contract shall be governed by and construed and interpreted in accordance with the laws of the State of Texas and the venue for enforcement shall be Kerr County, Tezas. 12. 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. 13. SeverabiliN. 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 to 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 to the fullest extent permitted by law. 14. Limits of Relationship. The parties hereby agree that this is a contract for providing fire protection services in the CPVFD PFRA and hereby renounce the existence of any other relationship including any agency relationship. In no event shall Kerr County have any obligation or liability whatsoever with respect to any debts, obligations, or liabilities of the CPVFD, and the CPVFD shall have no authority to bind Kerr County to any contract, matter, or obligation. No duties of Kerr County are delegated to the CPVFD by this contract and any provision which is or may be held to be such a delegation shall be of no force or effect. 15. Modification: Termination. This Contract may be amended, modified, terminated, or released only by written instrument executed by the Kerr County Commissioners Court and the CPVFD, except as herein otherwise provided. 16. Total Agreement. This contract is a total and complete integration of any and all understandings existing between the parties hereto and supersedes any prior oral or written agreements, promises or representations between them. The headings of the various paragraphs of this contract are for convenience only, and shalt not define, interpret, affect or prescribe the meaning and interpretation of the provisions of this contract. 17. Effective Date. This agreement is effective on October 1, 2001 or upon execution by both parties and certification by the Kerr County Clerk, whichever occurs latest. 18. 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 12th day of september , 2001. R POINT VOLUNTEER FIRE DEPARTMENT Date: ©q-//- 01 VOLUNTEER FIRE DEPARTMENT: CENTER POINT VOLUNTEER FIRE DEPARTMENT P.O. BOX 494 CENTER POINT, TEXAS 78010 CLERK'S CERTIFICATION red Henneke Kerr County Judge Date: ~ l KERR COUNTY: COMMISSIONERS COURT KERR COUNTY COURTHOUSE 700 E MAIN ST 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 August 27th, , 2001, in Order No. 27211 recorded and filed in Volume August of Tranarri fi=t of the Minutes of the Commissioners' Court of Kerr County, Texas. o~MtSSiC~t~~~~ Ja ett Pieper 6 c~0 County Clerk ~ ?~ ~ Kerr County, Texas 1 a ~ a D/ ~ ~ Date: }° _ 5 KERR COUNTY VOLUNTEER FIRE DEPARTMENT CONTRACT WHEREAS, KERR COUNTY, TEXAS, hereinafter "Kerr County,"apolitical subdivision of the State of Texas, has the authority under Texas Local Government Code, Chapter 352 to contract with an incorporated volunteer fire department that is located within the county to provide fire protection to an area of the county that is located outside the municipalities in the county, and WHEREAS, the INGRAM VOLUNTEER FIRE DEPARTMENT, hereinafter "the IVFD," an incorporated volunteer fire department (IRS EIN 742523368), and Kerr County desire to enter into a contract for the provision of fire protection services to Kerr County by the IVFD, IT IS THEREFORE AGREED that: 1. Term. The term of this contract is one year beginning on October 1, 2001 and ending on September 30, 2002 unless earlier terminated in accordance with the provisions below. 2. Services Provided. The IVFD shall provide fire protection services in its Primary Fire Response Area (PFRA) to Kerr County in accordance with the laws and rules of the State of Texas applicable to volunteer fire departments. 3. Consideration. Kerr County shall provide to the IVFD a sum not to exceed $11,000.00 during the term of this contract. In addition Kerr County shall provide Workers Compensation coverage to the IVFD volunteer firefighters while performing fire protection duties under this contract. The IVFD agrees to provide to the Kerr County Treasurer, in writing, a list of all IVFD volunteer firefighters who are eligible for such Workers Compensation coverage and to update the list when any changes occur thereto. 4. Use of Funds. Expenditures up to the amount shown in paragraph 3. shall be made only for expenses incurred in the provision of fire protection services including, but not limited to, replacement parts, training, equipment, and insurance. No funds may be expended for a salary paid to any person. 5. Method of Payment. Unpaid invoices and billing statements for approved uses of funds may be presented to the office of the Kerr County Auditor for prepayment to the IVFD. Paid invoices for approved uses of funds may be presented to the office of the Kerr County Auditor for reimbursement to the IVFD. In either case payments shall be made in accordance with Kerr County bill payment procedures as established by state law. 6. Insurance. During the term of this contract the IVFD shall provide and maintain insurance coverage at the levels of limitation of liability specified in the Texas Civil Practice ~ Remedies Code, Section 101.023 ($100,000.00 for each person and $300,000.00 for each single occurrence for bodily injury or death and $100,000.00 for each single occurrence for injury to or destruction of property). The IVFD shall provide a copy of the insurance coverage documents to the County Auditor not later than the beginning of the contract term. Said insurance shall apply as primary liability coverage for the IVFD while providing fire protection services under this contract. 7. Financial Resorts. Not later than sixty (60) days after the end of the term of this contract the IVFD shall submit to the Kerr County Auditor a summary report of alf expenditures of Kerr County funds during the term of this contract. (Note: This report will not substitute for or replace other reports, if any, which may be required of the IVFD by federal or state law.) 8. Audits. At anytime during the term of this contract the IVFD may request from the Kerr County Commissioners Court an audit of its financial condition. If approved by the Commissioners Court, the audit will be conducted by the County Auditor. If deemed necessary by the Commissioners Court, the IVFD shall make the necessary records available to the County Auditor for an audit of expenditures of county funds under this contract. 9. Successors. This contract shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, legal representatives, and successors. Neither party hereto shall assign this contract to another party. 10. Default. In the event either party shall fail to keep, observe, or perform any provision of this contract, the breaching party shall be deemed in default. If such default shall continue for a period of ten (10) days after notice thereof by the non-breaching party to the other, then the non-breaching party shall be entitled to terminate this contract immediately. 11. Governing Law. This Contract shall be governed by and construed and interpreted in accordance with the laws of the State of Texas and the venue for enforcement shall be Kerr County, Texas. 12. 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 early 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. 13. 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 to 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 to the fullest extent permitted by law. 14. Limits of Relationship. The parties hereby agree that this is a contract for providing fire protection services in the IVFD PFRA and hereby renounce the existence of any other relationship including any agency relationship. In no event shall Kerr County have any obligation or liability whatsoever with respect to any debts, obligations, or liabilities of the IVFD, and the IVFD shall have no authority to bind Kerr County to any contract, matter, or obligation. No duties of Kerr County are delegated to the IVFD by this contract and any provision which is or may be held to be such a delegation shall be of no force or effect. 15. Modification: Termination. This Contract may be amended, modified, terminated, or released only by written instrument executed by the Kerr County Commissioners Court and the IVFD, except as herein otherwise provided. 16. Total Agreement. This contract is a total and complete integration of any and all understandings existing between the parties hereto and supersedes any prior oral or written agreements, promises or representations between 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. 17. Effective Date. This agreement is effective on October 1, 2001 or upon execution by both parties and certification by the Kerr County Clerk, whichever occurs latest. 18. 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 early 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 ~S- _ day of ~~~ , 2001. ~fz~. 7- PresidenU hairman INGRAM VOLUNTEER FIRE DEPARTMENT Date: 9 /z. D/ VOLUNTEER FIRE DEPARTMENT: INGRAM VOLUNTEER FIRE BOX 271 INGRAM, TEXAS 78025 CLERK'S CERTIFICATION ~~~ '~ fired Henneke t Kerr County Judge Date: lO G a KERR COUNTY: DEPARTMENT COMMISSIONERS COURT KERR COUNTY COURTHOUSE 700 E MAIN ST 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 August 27th , 2001, in Order No. recorded and filed in Volume August of , Transcript , of the Minutes of the Commissioners' Court of Kerr County, Texas. T,l I/ ~Q~ Ja ett Pieper OMMISSIONF9 County Clerk V cS' Kerr County, Texas ~ OG m f -7°i Date: i ~7 ~~ ~~n_.._ /_'~ KERR COUNTY VOLUNTEER FIRE DEPARTMENT CONTRACT WHEREAS, KERR COUNTY, TEXAS, hereinafter "Kerr County,"apolitical subdivision of the State of Texas, has the authority under Texas Local Government Code, Chapter 352 to contract with an incorporated volunteer fire department that is located within the county to provide fire protection to an area of the county that is located outside the municipalities in the county, and WHEREAS, the MOUNTAIN HOME VOLUNTEER FIRE DEPARTMENT, hereinafter "the MHVFD;' an incorporated volunteer fire department (IRS EIN 74-2631918), and Kerr County desire to enter into a contract for the provision of fire protection services to Kerr County by the MHVFD, IT IS THEREFORE AGREED that: 1. Term. The term of this contract is one year beginning on October 1, 2001 and ending on September 30, 2002 unless earlier terminated in accordance with the provisions below. 2. Services Provided. The MHVFD shall provide fire protection services in its Primary Fire Response Area (PFRA) to Kerr County in accordance with the laws and rules of the State of Texas applicable to volunteer fire departments. 3. Consideration. Kerr County shall provide to the MHVFD a sum not to exceed $11,000.00 during the term of this contract. In addition Kerr County shall provide Workers Compensation coverage to the MHVFD volunteer firefighters while pertorming fire protection duties under this contract. The MHVFD agrees to provide to the Kerr County Treasurer, in writing, a list of all MHVFD volunteer firefighters who are eligible for such Workers Compensation coverage and to update the list when any changes occur thereto. 4. Use of Funds. Expenditures up to the amount shown in paragraph 3. shall be made only for expenses incurred in the provision of fire protection services including, but not limited to, replacement parts, training, equipment, and insurance. No funds may be expended for a salary paid to any person. 5. Method of Payment. Unpaid invoices and billing statements for approved uses of funds may be presented to the office of the Kerr County Auditor for prepayment to the MHVFD. Paid invoices for approved uses of funds may be presented to the office of the Kerr County Auditor for reimbursement to the MHVFD. In either case payments shall be made in accordance with Kerr County bill payment procedures as established by state law. 6. Insurance. During the term of this contract the MHVFD shall provide and maintain insurance coverage at the levels of limitation of liability specified in the Texas Civil Practice & Remedies Code, Section 101.023 ($100,000.00 for each person and $300,000.00 for each single occurrence for bodily injury or death and $100,000.00 for each single occurrence for injury to or destruction of property). The MHVFD shall provide a copy of the insurance coverage documents to the County Auditor not later than the beginning of the contract term. Said insurance shall apply as primary liability coverage for the MHVFD while providing fire protection services under this contract. 7. Financial Reports. Not later than sixty (60) days after the end of the term of this contract the MHVFD shall submit to the Kerr County Auditor a summary report of all expenditures of Kerr County funds during the term of this contract. (Note: This report will not substitute for or replace other reports, if any, which may be required of the MHVFD by federal or state law.) 8. Audits. At anytime during the term of this contract the MHVFD may request from the Kerr County Commissioners Court an audit of its financial condition. If approved by the Commissioners Court, the audit will be conducted by the County Auditor. If deemed necessary by the Commissioners Court, the MHVFD shall make the necessary records available to the County Auditor for an audit of expenditures of county funds under this contract. 9. Successors. This contract shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, legal representatives, and successors. Neither party hereto shall assign this contract to another party. 10. Default. In the event either party shall fail to keep, observe, or perform any provision of this contract, the breaching party shall be deemed in default. If such default shall continue for a period of ten (10) days after notice thereof by the non-breaching party to the other, then the non-breaching party shall be entitled to terminate this contract immediately. 11. Governing Law. This Contract shall be governed by and construed and interpreted in accordance with the laws of the State of Texas and the venue for enforcement shall be Kerr County, Texas. 12. 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 othewise 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. 13. 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 to 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 to the fullest extent permitted by law. 14. Limits of Relationship. The parties hereby agree that this is a contract for providing fire protection services in the MHVFD PFRA and hereby renounce the existence of any other relationship including any agency relationship. In no event shall Kerr County have any obligation or liability whatsoever with respect to any debts, obligations, or liabilities of the MHVFD, and the MHVFD shall have no authority to bind Kerr County to any contract, matter, or obligation. No duties of Kerr County are delegated to the MHVFD by this contract and any provision which is or may be held to be such a delegation shall be of no force or effect. 15. Modification: Termination. This Contract may be amended, modified, terminated, or released only by written instrument executed by the Kerr County Commissioners Court and the MHVFD, except as herein otherwise provided. 16. Total Agreement. This contract is a total and complete integration of any and all understandings existing between the parties hereto and supersedes any prior oral or written agreements, promises or representations between 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. 17. Effective Date. This agreement is effective on October 1, 2001 or upon execution by both parties and certification by the Kerr County Clerk, whichever occurs latest. 18. Authori The undersigned officers andlor 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 J'j" , 2001. T~-~~ President/Chairman MOUNTAIN HOME VOLUNTEER FIRE DEPT Date: ZO ~~f O 1 ~~~~~~ Fred Henneke Kerr County Judge ~o Date: Q ~ VOLUNTEER FIRE DEPARTMENT: MOUNTAIN HOME VOLUNTEER FIRE DEPT. P.O. BOX 191 MOUNTAIN HOME, TEXAS 78058 CLERK'S CERTIFICATION KERR COUNTY: COMMISSIONERS COURT KERR COUNTY COURTHOUSE 700 E MAIN ST 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 August 27tH , 2001, in Order No. 27211 recorded and filed in Volume August of Transcript , of the Minutes of the Commissioners' Court of Kerr County, Texas. L-- J nett Pieper County Clerk Kerr County, Texas O p ~" 1 ~ Date: Q-o7D - O~ € ~ ~~~_ P~ KERR COUNTY VOLUNTEER FIRE DEPARTMENT CONTRACT WHEREAS, KERR COUNTY, TEXAS, hereinafter "Kerr County,"apolitical subdivision of the State of Texas, has the authority under Texas Local Government Code, Chapter 352 to contract with an incorporated volunteer fire department that is located within the county to provide fire protection to an area of the county that is located outside the municipalities in the county, and WHEREAS, the COMFORT VOLUNTEER FIRE DEPARTMENT, hereinafter "the CVFD," an incorporated volunteer fire department (IRS EIN 74-2098417), and Kerr County desire to enter into a contract for the provision of fire protection services to Kerr County by the CVFD, IT IS THEREFORE AGREED that: 1. Term. The term of this contract is one year beginning on October 1, 2001 and ending on September 30, 2002 unless earlier terminated in accordance with the provisions below. 2. Services Provided. The CVFD shall provide fire protection services in its Primary Fire Response Area (PFRA) to Kerr County in accordance with the laws and rules of the State of Texas applicable to volunteer fire departments. 3. Consideration. Kerr County shall provide to the CVFD a sum not to exceed $11,000.00 during the term of this contract. In addition Kerr County shall provide Workers Compensation coverage to the CVFD volunteer firefighters while performing fire protection duties under this contract. The CVFD agrees to provide to the Kerr County Treasurer, in writing, a list of all CVFD volunteer firefighters who are eligible for such Workers Compensation coverage and to update the list when any changes occur thereto. 4. Use of Funds. Expenditures up to the amount shown in paragraph 3. shall be made only for expenses incurred in the provision of fire protection services including, but not limited to, replacement parts, training, equipment, and insurance. No funds may be expended for a salary paid to any person. 5. Method of Payment. Unpaid invoices and billing statements for approved uses of funds may be presented to the office of the Kerr County Auditor for prepayment to the CVFD. Paid invoices for approved uses of funds may be presented to the office of the Kerr County Auditor for reimbursement to the CVFD. In either case payments shall be made in accordance with Kerr County bill payment procedures as established by state law. 6. Insurance. During the term of this contract the CVFD shall provide and maintain insurance coverage at the levels of limitation of liability specified in the Texas Civil Practice & Remedies Code, Section 101.023 ($100,000.00 for each person and $300,000.00 for each single occurrence for bodily injury or death and $100,000.00 for each single occurrence for injury to or destruction of property). The CVFD shall provide a copy of the insurance coverage documents to the County Auditor not later than the beginning of the contract term. Said insurance shall apply as primary liability coverage for the CVFD while providing fire protection services under this contract. 7. Financial Reports. Not later than sixty (60) days after the end of the term of this contract the CVFD shall submit to the Kerr County Auditor a summary report of all expenditures of Kerr County funds during the term of this contract. (Note: This report will not substitute for or replace other reports, if any, which may be required of the CVFD by federal or state law.) 8. Audits. At anytime during the term of this contract the CVFD may request from the Kerr County Commissioners Court an audit of its financial condition. If approved by the Commissioners Court, the audit will be conducted by the County Auditor. If deemed necessary by the Commissioners Court, the CVFD shall make the necessary records available to the County Auditor for an audit of expenditures of county funds under this contract. 9. Successors. This contract shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, legal representatives, and successors. Neither party hereto shall assign this contract to another party. 10. DefauR. In the event either party shall fail to keep, observe, or perform any provision of this contract, the breaching party shall be deemed in default. If such default shall continue for a period of ten (10) days after notice thereof by the non-breaching party to the other, then the non-breaching party shall be entitled to terminate this contract immediately. 11. Governing Law. This Contract shall be governed by and construed and interpreted in accordance with the laws of the State of Texas and the venue for enforcement shall be Kerr County, Texas. 12. 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. 13. Severabilitv. If any term, covenant or conditlon 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 to 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 to the fullest extent permitted by law. 14. Limits of Relationshia. The parties hereby agree that this is a contract for providing fire protection services in the CVFD PFRA and hereby renounce the existence of any other relationship including any agency relationship. In no event shall Kerr County have any obligation or liability whatsoever with respect to any debts, obligations, or liabilities of the CVFD, and the CVFD shall have no authority to bind Kerr County to any contract, matter, or obligation. No duties of Kerr County are delegated to the CVFD by this contract and any provision which is or may be held to be such a delegation shall be of no force or effect. 15. Modification: Termination. This Contract may be amended, modified, terminated, or released only by written instrument executed by the Kerr County Commissioners Court and the CVFD, except as herein otherwise provided. 16. Total Agreement. This contract is a total and complete integration of any and all understandings existing between the parties hereto and supersedes any prior oral or written agreements, promises or representations between 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. 17. Effective Date. This agreement is effective on October 1, 2001 or upon execution by both parties and certification by the Kerr County Clerk, whichever occurs latest. 18. 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 ~ (~(~t _ , 2001. President/Ch irman COMFORT/VOLUNTEER FIRE DEPARTMENT Date: "/ ~~ ~ VOLUNTEER FIRE DEPARTMENT: COMFORT VOLUNTEER FIRE DEPARTMENT P.O. BOX 681 COMFORT. TEXAS 78013 CLERK'S CERTIFICATION Fred Henneke Kerr County Judge Date: ~ ~ ~ ~ KERR COUNTY: COMMISSIONERS COURT KERR COUNTY COURTHOUSE 700 E MAIN ST 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 August 27th, , 2001, in Order No. 27211 recorded and filed in Volume August of , Transcript, of the Minutes of the Commissioners' Court of Kerr County, Texas. ' Y r a~9gt®NERS~, ~ J nett Pieper OG County Clerk 9~ Kerr County, Texas J}J~' ~ \ Loy. Date: (/ Z C w ,~--,,,.~., ..,;i' .. '..n...~ ~ ~, ~ _ ~ .,.ter ~n- ;C "I(I(I V~(~ L."?:1~.. II ~'.!1)ill'711 c~"i Print Date: 9/28/2001 Page #:1 ID Number Last Name: First Nanre: MI: -- 02 Last Name: . -- 03 Last Name: BOHNERT First Name: STEVEN MI: E -- 04 L t N 6l46TRA F fi id LE~E "' as ame: rst ame= t : -- O5 Last Name: CARLOS First Name: JOSE MI: A -- 06 Last Name: CASTRO First Name: ROBERT MI: L -- 07 Last Name: ADAMS First Name: TERRY MI: L -- 08 t N L as ame: -- 09 Last Name: . -- 10 Last Name: WALKER First Name: ALAN MI: E -- 11 Last Name: CASTRO First Name: JIMMY MI: L -- 12 Last Name: FOSTER First Name: SETH MI: I -- 13 Last Name: ALLERKAMP First Name: JIM MI: K -- 14 Last Name: LUCAS First Name: BART MI: -- 15 Last Name: MORALES First Name: DANIEL MI: J -- 16 Last Name: BEHRENDT First Name: CARL Mt: K -- 17 ~ v :c ~-lurt Jc ~ r..~~- ir: 7E~pa -m: -~ Print Date: 9/28/2001 Page #: 2 ID Number L N iEA{~C ~ --- - ast ame: - ---- - ---------- -First game- -- 18 L N ast ame: -- 19 Last Name: PIERCE First Name: JONATHAN MI: W -- 20 Last Name: LAPOINTE First Name: FRANK MI: S -- 21 Last Name: SMITH First Name: BARRY MI: L -- 22 Last Name: GARCIA First Name: GUSTAVO MI: S -- 23 Last Name: HOWARD First Name: DENNIS MI: -- 24 Last Name: MURRELL First Name: TIMOTHY MI: A -- 25 Last Name: PETTY First Name: WESLEY MI: K -- 26 Last Name: -- 27 Last Name: WEYEL First Name: ROBBY MI: G -- 28 Last Name: ALBRO First Name: GEORGE MI: H -- 31 Last Name: REYES First Name: MARK MI: A -- 39 Last Name: CARLOS First Name: JAVIER MI: -- 41 Last Name: -- 43 Last Name: RINGHAM First Name: MICHAEL MI: M Grand Total: 32 rT~-aa-2~i_,1 ©_:2aFr) r?ECriitF~ si? aa~ 992a F.ui oar_vIn PROGL'C~iR - THIS CERTIFICATE IS I$$IJEy..S A MATTF,R OF LNPORA/ATION OhlV AND CONTYk$ 40 VFIS of Texas / Regnier & Associates RIGHTS VPON THE CERTSN:At¢NOLDBR THiS (bR1 D'ICnTf ppE3 NOT OR ALTER TXE COVHRAGE AFFORD HY THE POLN DiS HLCOW. AME\D. EA'fEND 4450 Frontier Trail COMPANIES AFFORbING COVERAGE AYStm, TX 787~dS ~ COMPANY ~ X LETTER A American AlternatiYe Insurance Cor . 1- 52-9435~or 512-448-9928 ~'~ i '~ LroMrnNY 1 LLTTY,R B 1 COMPANY yoluafeer Fire Departments of Kendall County ,' LLrT¢R C II 726 Ndrth M in COWANV a I'~ LLTT¢R D Bcern~; TX 7800ti ANY UTTER E IF L'¢RTIXY AT TBL POLICTP.S OP P'SVRANCC:LISTCD HEIgW MVE HECK ISSU¢DTO T8ED:9CRC0 NAMED AHO\'H WATRC POLIC+'PEWOb INDICATED. NOTW Ra6T.+NDCVC ANY RCOUIHCMA.tt, TERM OR COM1DTnON ON ANY CONTR+C'T OA OTNEA DOCUMENT wTIH RESPECT TO WIOC'N T81S ¢RTIP74~+TE MAY HC r,$SUED OR MAY P[H7AIN, THC INSUMNCC APP(1ROED 8Y' THC POLICIES DCSCRD3¢D DCRCLN L9 9UBlECT TO ALL TB[ TCRMB' CYCLUSIONS AND CONDITION90F SUCH POWCRH LIMrfS SROWN MAY MIT: HF.Y.N AEDL'CED HY PAm CLAIMF. Cp YVPE Ol DYSURANCE POLICY NUMBER POLCY EFF. rowCY E%P. LNDTS LTR i DATE IMMIDDA'YI DAIC (SiSWD/YY) ,, cfNERALLUgLrn' CL 00'16905-3 I-1-01 1-I-02 cL^TaL+L"ocRLC^T[ $ 3,OOp,000 COMM. c[rER.+L L4H1wn ~ PROD cornroP A(io. $ 3,000,000 ;', ^ cwsss MADE ^ occoa reRa a ADV. rwvay S 1,000,000 ~ OWNCR'B4CONTMCT'S PROT. CACa OCCIn(RENCC [x.1'000'01111 W V1 11 1 ~sitonal Healthcare rmenABUCgco.+Fpa g ] 0 000 0 0 i 11DaD. exPLnas w.+rn) S S 000 A A MoHU,e I+Hn.rry TX3000460-3 I-t-01 1-I-02 coMBmLDSeecu ' S1>000,000 n NY ALTO '. ~', LOm f ~ ~~ ALL OwryCy ALTOS HODn.Y DY1vRY ' $ er Psno.) O SCRLDIIL[9 AllTOb ~ Q'O{LD AUTOS '. BODILY INNRY $, ' iNON.OWNR0ADT03 (hF AaidmQ ~ ~ ' ~GAMOL [JAYp,ITY I ~ PROPERTY DAMAGE $, ', C% LIAB '. I ~ ~~ E.caoccuRREnca $ ' UMHaLLLA PORM ~ ~ ACOREOATL $ p171CR ~NUMHItELIA ', ro III ~ ~ STATUTORY LlPffls WORKERH'COMPLNyAT10N i ~ A YD [ACHAMYDHNT $, ~ . biSC+SE POLICY LDHIT ,, ~ LMIIgyC 'S LlAHOA7Y ~ DOCASCI.ACE EMr , , g OTBLR i D N~OF OTI:HAR10N3/I,OF.'ATFDNSNLRiCLLBgFHC1AL lTEMII Nyq,ed asured E~Cteoded to include: Alapno Spring Volunteer Fire Department, Boerne Volunteer Fire Department, Boerne Aral FirF Association, Comfort Volunteer Fire Department, Kendalfa Volunteer Fire Department, Sisterda a Voiunt~er Fire Department, Waring Volunteer Fire Department Karr Coltnty snoucv ANY of rHL ABOVE aeSCkIHEO POe1C¢S aE cANCCLLp BEFORE rT¢ EXPIMnoN i bATETi6EEOF,rREUSCmvctonenNVwu,LENDLAVORSonua~DArswpltTEN 7~ Mgl„ ~ NOTICE TO 1YIC CERTi PICATC BOLDER NAMED TO THE LOFT. HUT PAII.U HE ITl MAO. HVCN NOTICE,$9AI.L TMPDSC "IOOBUGATN)ry OR LLIBILIN OP ARY a7ND UPON T8L COMPAN+', TTR. KGrrvill<,TX 78028 Ace RRCPHESCNTATIVLS ' AIIT 2RD RLrREN . Z L~ ~ ____ VOLUNTEER FIItE DEPARTMENT CONTRACT WHEREAS, Kerr County, Texas, hereinafter COUNTY, a political subdivision of the State of Texas, has the authority, under Texas Local Government Code §352.001, to furnish fire protection to the residents of the County who live in the unincorporated areas of the County; and WHEREAS, under paragraph (c) of that Section, COUNTY has the authority to enter into contracts with incorporated volunteer fire departments for the provision of fire protection in the unincorporated areas of the County; and WHEREAS, the HUNT VOLUNTEER FII2E DEPARTMENT, hereinafter DEPARTMENT, an incorporated volunteer fire department, desires to enter into such a contract for the provision of fire fighting services and fire fighting equipment to said residents of the County. TT IS THEREFORE AGREED that: Consideration. In consideration for the provision of fire protection described below to the residents of COUNTY, DEPARTMENT shall be entitled to a sum not to exceed 10$ ,700.00 per annum. Such amount shall be disbursed by COUNTY to DEPARTMENT within thirty (30) days following each written submission from DEPAR'T'MENT. Disbursements from said amount shall be made only 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 workers 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 furnish 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 area, 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 Ken• County Auditor, and such persons as may be given such authority by COUNTY, including members of the Department Advisory Board. Training. DEPARTMENT shall establish a training program which includes a continuing education component and shall further ensure that all of its members are involved in a program designed to assist them in progressing toward becoming adequately trained and certified, as appropriate, and available for fire protection. However, those members of DEPARTMENT who operate motor-driven equipment, such as fire trucks, water-hauling trucks and other like heavy trucks shall be appropriately licensed and trained for such duty. 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. 6. IRS Classification. DEPARTMENT'S Internal Revenue Service, non-profit classification is 501 (c1(3) and its IRS EIN is # 74-2707312. 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 ReQorts. DEPARTMENT shall submit to the Kerr County Auditor annual financial reports of all expenditures and income for the 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 yeaz beginning on October 1, 2000, and ending on September 30, 2001, 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.) [n the event 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 of ten (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. Governine Law. This Contract shall be governed by and construed and interpreted in accordance with the laws of the State of Texas and shall be enforceable in, and venue shall be in Kerr County, Texas. 15. 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. Severability. 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 to 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 to 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. 18. Insurance. DEPARTMENT shall provide and keep continuously current and in effect at all times during the term of this ageement as specified herein, at DEPARTMENT'S sole expense, at least the following minimum insurance coverage with either a carrier or carriers licensed to do business within the State of Texas or with another appropriate, 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 $100,000.00 for each person and $300,000.00 for each single occurrence for bodily injury or death and $100,000.00 for each single occurrence for injury to or destruction of property. 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 sepazate 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. 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. Total Agreement. This Contract is a total and complete integration of any and all undertakings existing between the parties hereto and supersedes any prior oral or written agreements, promises or representations between them. The headings of the various pazagraphs 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. 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 5th day of October , 2001. i President HUNT VFD Date: DOS O HUNT VOLUNTEER FIRE DEPARTMENT: HUNT VFD P.O. BOX 362 HUNT. TEXAS 78024 CLERK'S CERTIFICATION red Henne ce Kerr County Judge Date: 10 KERR COUNTY: KERR COUNTY JUDGE KERB COUNTY COURTHOUSE 700 E. MAIN KERRVILLE, TEXAS 78028 I, JANNETT PIEPER, County Clerk of Ken County, Texas, certify approved, accepted and agreed to by the Commissioners' Court of Kerr County, August 27th , 2001, in Order No._ recorded and filed in Volume August 'Pranscript of Commissioners' Court of Kerc County, Texas. ~'+y`'9 r~ J nett Pieper County Clerk y Kerr County, Texas .~Q that the above agreement was Texas on the Minutes of the Date: ~~f `7 / HU~1T FIRE DEPARTiVIENT P.O. Box 362 BUS. OFFICE Hw"Y". 39 & F.M. 1340 238-4371 Hunt. Texas 78024 5 October 200 ] To: Kerr County Judge Precinct #4 Commissioner Subject: Letter of Exceptions to Contract Between Kerr County and the Hunt Volunteer Fire Department for the period 1 October 2000 to 30 September 2001. Gentlemen; Under the advice of legal counsel the Hunt Volunteer Fire Department (HVFD) formally files the following exceptions to subject contract: 1. Third pazagraph that currently reads, "Whereas, the Hunt Volunteer Fire Department, hereinafter DEPARTMENT, an incorporated volunteer fire department, desires, to enter into such a contract......" is not accurate since it reflects a singulaz need, rather than a mutual relationship. HVFD takes exception as stated and shall accordingly interpret this pazagraph to read, "Whereas, the Hunt Volunteer Fire Department, hereinafter DEPARTMENT, and Ken County, Texas, hereinafter COUNTY, desire to enter into such a contract for the provision of fire fighting services to said residents of the County". 2. Paragraph 1 entitled "Consideration". The annual sum referred to in this paragraph is in reality a reimbursement for expenditures the department would have already incurred and for which invoices would have already been submitted in accordance with the terms of the contract. Therefore, to clearly distinguish between reimbursements and payments HVFD takes exception to the terms used in this paragraph and shall interpret any reference to "sum" or "disbursements" to read reimbursements and that any sum paid to the department is in actuality a reimbursement rather than a payment. 3. Pazagraph 2 entitled "Workers Compensation Insurance". HVFD takes exception to the provisions of this paragraph. HVFD already has workers compensation coverage in force as an integral part of the department's overall insurance program. Additionally, such integral coverage also entitles this department to receive a substantial discount on additional; Accident and Sickness coverage the department also has in effect. Therefore, this department wishes to maintain its current integral Workers Compensation coverage and that will preclude the County from having to incur the cost of paying for HVFD Workers Compensation as acounty-provided item and enable the department to secure a reduction on additional insurance coverage. HVFD has previously provided the county a certificate of insurance signifying Worker's Compensation coverage is currently in effect and shall keep such coverage in effect during the term of this contract. 4. Paragraph 4 entitled "Financial Records". The HVFD bylaws were submitted to, and accepted by, the Internal Revenue Service and the Texas Secretazy of State in conjunction with receiving 501( c) (3) status as a nonprofit organization and a certificate of incorporation in Texas. Those bylaws specifically define who has access to the department's books and the process for requesting such access. Therefore, HVFD takes exception to the contention in this pazagraph that "County" may authorize anyone to have access to the department's financial records, "including members of the Department Advisory Boazd", since no such body so named exists within the HVFD organizational structure. HVFD shall continue to operate in accordance with the provisions of the department's bylaws. 5. Pazagraph 5 entitled "Training". The term "certification", as it relates to volunteer firefighter qualifications, denotes the successful completion of state-established and administered training requirements. The very nature of a volunteer organization makes it impossible to ensure that "all members" were certified, i.e. attended state sponsored training, and the term "as appropriate" lacks sufficient specificity and causes further confusion. Again, the very nature of a volunteer organization precludes that organization from being able to ensure that "all members" are available for fire protection". Furthermore, in an emergency situation a volunteer organization must rcly on the services of those volunteers who respond the fastest. The "Good Samazitan Law" recognizes this fact in the Texas Transportation Code, Chapter 522.004(a)(2) entitled "Applicability", which provides "this chapter does not apply to ......afire fighting or emergency vehicle necessary to the preservation of life or property or the execution of emergency governmental functions, whether operated by an employee of a political subdivision or by a volunteer firefighter". HVFD therefore takes exception to the "all inclusive" certification and licensing requirements embodied in pazagraph 5 of this contract. 6. Pazagaph 8 entitled "Annual Financial Reports". HVFD recognizes a responsibility to account for those reimbursements received from the county at the end of the expiration of the fiscal year, but takes exception to other requirements in this paragraph. HVFD, as a private corporation, accepts no obligation, or responsibility to provide the county "annual financial reports of all expenditures and income for the period covered by this agreement", or for any other period. 7. Paragraph 9 entitled "Term". The last sentence that relates to how "this agreement herein specified may be modified by agreement of the parties", is too nonspecific and poses a potential conflict with the provisions of pazagraph 15 entitled "1`Iotices". Appropriately HVFD takes exception to this sentence and shall interpret it to read, "......may be modified by a duly executed written agreement of the parties". 8. Paragraph 10 entitled "Use of Funds". HVFD takes exception to the terms and conditions in this pazagraph since it poses a potential conflict with the provisions of paragraph 1 which more broadly defines operational "expenses incurred in the provision of such fire fighting services" as "including, but not limited to replacement parts, training, equipment and insuragce". A volunteer fire department must necessarily have the latitude of programming funds, particulazly funds that aze reimbursements, to meet current operational requirements. However, HVFD does recognize the need to observe the restrictions placed upon the disbursement of public funds in that no such funds should "be expended for the provision of salaries to any person". 9. Paragraph 13 entitled "Successors and Assigns". HVFD takes exception to the last part of this sentence as reads, "......provided that the DEPARTMENT may not assign the Contract without COUNTY'S prior written consent". This statement is prejudicial therefore HVFD shall interpret it to read " ....neither party may assign this contract without having the other party's prior written consent". 10. Pazagraph 17 entitled "Relationship". The opening sentence that currently reads, "The parties hereby agree that this is a contract for the administration of the Pro~am....." is incorrect and misleading. This should properly be a simple services-type contract in which an independent volunteer fire department provides fire fighting services for which the county provides (capped) reimbursements for specified fire fighting expenditures. Therefore, HVFD takes exception the first sentence of this pazagraph which shall be interpreted by HVFD to read: "The parties hereby agree that this is a contract for the providing fire fighting services and hereby renounce.....". 11. Pazagraph 18 entitled "Insurance". HVFD takes exception to the phrase in the first sentence that reads ".....at DEPARTMENT'S sole expense,......." because it conflicts with the provisions of pazagraph 1 (Consideration) which lists "insurance" as a reimbursable expenditure. Therefore, HVFD shall interpret this sentence without the inclusion of the phrase, "....at DEPARTMENT' S sole expense....." and insurance shall be considered by HVFD to be a justifiable and reimbursable expenditure. 12. Pazagraph 21 entitled Effective Date: HVFD takes exception to the terms of this pazagraph, as written, because they lack sufficient specificity and could lead to an identical situation previously experienced by all the Kerr County volunteer fire departments in which the contract for the 1999-2000 period was approved by the commissioners court almost five months after the expiration of the previous contract. Volunteer fire departments must necessazily limit their vulnerability in this regazd. Accordingly, HVFD shall interpret this pazagraph to read," This agreement is effective upon approval by both the Kerr County Commissioners Court and the respective volunteer fire department". i azl Hintze 1 President, HVFD 1~ ~~ ~,. `<~-?~' tr:n THE COUNTY COURT of KERR COUNTY, TEXAS COUNTY JUDGE 700 MAIN KERRVILLE, TEXAS 78028 CLERK FRED HENNHKB TEL: (830)792-22I7 JANNETP PIePER FAX: (830)792-2218 COMMISSIONERS COURT COURT CGORDP'ATOR H. A. "BUSIER" BALDWRJ, PCE. 1 B-MAIL: 4ertarc®omniylebsl.net 71R;A SOVIL WE.LIAM "BILL" WILLIAM, PCT. 2 JONATHAN LETZ, Pcr. 3 LARRY GRIFFIN. PCT. 4 October 4, 2001 Mr. Carl Hintze III President Hunt Volunteer Fire Department P.O. Box 362 Hunt, Texas 78024 Ref: Your letter, 4 October 4, 2001, w/attachment and enclosures Dear Mr. Hintre; I have spoken with the County Judge and the County Auditor on the Workers Compensation coverage the Hunt Volunteer Fire Department (Hunt VFD) is currently carrying. There is no impediment to the contract, as far as the county is concerned, with that arrangement. In the event of a Workers Compensation claim by the Hunt VFD it is the county's understanding that the primary Workers Compensation coverage will be provided in accordance with the Certificate of Liability Insurance dated 08/28/01 by Frantren, Kaderli & Klier (attached). If and when a new Certificate of Liability Insurance is issued to extend the departments coverage beyond 02/09/02, this understanding will remain in effect. This letter will remain a part of the certified contract file in the office of the County Clerk. Larry 'ffin Commissioner~~~ Precinct 4 HL~'T FIRE DEPARTMENT P.0. Box 362 BUS. OFFICE H~'1'..9 & F.AS. 1.40 238-4371 Hunt. Texas 78024 4 October 2001 Fred Henneke Larry Griffin Kerr County Judge Cmsnr. Precinct #4 700 Main St. 700 Main St. Kerrville, TX 78028 Kerrville, TX 78028 Dear Judge Henneke; The Volunteer Fire Department contract with this department for the period 1 October 2001 to 30 September 2002 has been signed and two copies of same aze enclosed herein. Additionally, Workers Compensation coverage is a matter that can, if properly handled, result in a mutual cost savings for both the County and this department. Currently, this department already has Workers Compensation coverage in effect as an integral part of our overall insurance program, reference the attached Certificate of Insurance. This enables HVFD to secure additional Accident and Sickness coverage for our firefighters at a significantly reduced rate and avoids the cost, to the CounTy, of having to pay for Workers Compensation coverage for this department. Therefore, HVFD wishes to maintain our separate Workers Compensation coverage in lieu of that provided by the County, and therefore requests a waiver to the provisions of pazagraph 3 of the FY 01-02 VFD contract regarding county-provided Workers Compensation coverage. "fhis approach is also consistent with H.B. 3667 passed by the Texas Legislature effective 1 July 2001; and this department is proud to have played a role in influencing this legislation in its formative stages. H.B. 3667 establishes a rural volunteer fire insurance program administered by the Texas Forest Service to "assist rural volunteer fire departments in the payment of Workers Compensation and Accidental Death and Disability Insurance", and revenue to support this legislation will be derived from a 2% tax placed upon the retail sale of fireworks. When this program begins payouts in September of 2002, it will relieve the County of having to bear the cost of providing VFD Worker Compensation coverage and enable departments to independently secure adequate insurance coverage at reduced rates. In that context it is earnestly suggested the cost saving(s) aspect of the above proposal be favorably received and the requested waiver granted and returned with a copy of the signed contract. • Cazl Hintze III 1 Atch: Cert. of Insur. 8-28-O1 HVFD, President 2 Encls: FY OI-02 Contract (signed) A~COP.~ ~ERTIFICATEOF LIABILITY INSURANCE oa/`2s,°o PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTEfl OF INFORMATION ~ Franczen, Kader.li & Klier ONLY AND CONFERS NO RIGHTS UPON THE CERTFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND Ofl 214 West. Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P BOX 513 0 . . COMPANIES AFFORDING COVERAGE Fredericksburg, TX 78624 coMPANv A Texas Workers Comp Ins Fund INSUneD COMPANY Hunt VFD B P. O. BOX 3 6 2 COMPANY Hunt, TX 78024 C COMPANY I D ~ coV~xaGEs THIS IS TO CERTIFY THAT THE POLICIESOF INSURANCE LISTED BELOW HAVEBEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDRION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL 7HE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIMTION LIMITS DATE (MM/OD/YY) DATE (MM/OD/YY) GE NERAL UABILI7V GENERAL AGGREGATE S A COMMERCIAL GENERAL LIABILITY / / / / PRODUCTS-COMP/OP AGG S CLAIMS MADE ^ OCCUR PERSONAL&ADV INJURY S OWNER'S 8 CONTRACTOR'S PROT EACH OCCURRENCE E FIRE DAMAGE (Any one fire) E MED E7(P (Any one parson) S AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO ALL OWNED AUTOS BODILY INJURY E SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY S NON-OWNED AUTOS (Per acoitlent) i PROPERTY DAMAGE S t OABAGE LIABILITY AUTOONLY-EA ACCIDENT f ANV AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE E E7ICE33 LIABIU7V EACH OCCURRENCE E UMBRELLA FORM AGGREGATE E OTHER THAN UMBRELLA FORM S I WORKERS COMPENSATION ANO WC STATU- OTH- TORY UMI R AIEMPLOYERS'UABILITY TSF1103402 02/09/01 02/09/02 EL EACH ACCIDENT S 5 0 0 0 0 THE PROPRIETOR/ INCL EL DISEASE -POLICY LIMIT S 5 0 0 0 0 PARTNERSlIXECUTVE 5 ~ ~ 0 0 I OFFICERS ARE: IXCL EL DISEASE - EA EMPLOYEE S j OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESISPECIAL ITEMS CERTIFICATE HGtL.nEq _ .....:.::............................... GANCF.t.LATI£?N SHOULD ANV OF 7HE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EKPIMTION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Kerr County 1 O DAYS WRITTEN NOTICE TO THE CERnFICATE HOLDER NAMED TO 7HE LFF7, C/O Kerr Co . Auditor BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBIJOATION OR LuBIL1TY 700 Main Street OF ANV KIND UPON E COMPANY, TS AGENTS OR REPRESENTATIVES Kerrville, TX 78028 aurH DR EBExia -~ ACOAD2&5;4/951 ~. .:: -.: ~~~ ..- ~ACORi1CQgPgRATION18B9- KERR COUNTY VOLUNTEER FIRE DEPARTMENT CONTRACT WHEREAS, KERR COUNTY, TEXAS, hereinafter "Kerr County,"apolitical subdivision of the State of Texas, has the authority under Texas Local Government Code, Chapter 352 to contract with an incorporated volunteer fire department that is located within the county to provide fire protection to an area of the county that is located outside the municipalities in the county, and WHEREAS, the HUNT VOLUNTEER FIRE DEPARTMENT, hereinafter "the Hunt VFD," an incorporated volunteer fire department (IRS EIN 74-2707312), and Kerr County desire to enter into a contract for the provision of fire protection services to Kerr County by the Hunt VFD, IT IS THEREFORE AGREED that: Term. The term of this contract is one year beginning on October 1, 2001 and ending on September 30, 2002 unless earlier terminated in accordance with the provisions below. 2. Services Provided. The Hunt VFD shall provide fire protection services in its Primary Fire Response Area (PFRA) to Kerr County in accordance with the laws and rules of the State of Texas applicable to volunteer fire departments. 3. Consideration. Kerr County shall provide to the Hunt VFD a sum not to exceed $11,000 during the term of this contract. In addition Kerr County shall provide Workers Compensation coverage to the Hunt VFD volunteer firefighters while performing fire protection duties under this contract. The Hunt VFD agrees to provide to the Kerr County Treasurer, in writing, a list of all Hunt VFD volunteer firefighters who are eligible for such Workers Compensation coverage and to update the list when any changes occur thereto. 4. Use of Funds. Expenditures up to the amount shown in paragraph 3. shall be made only for expenses incurred in the provision of fire protection services including, but not limited to, replacement parts, training, equipment, and insurance. No funds may be expended for a salary paid to any person. 5. Method of Payment. Unpaid invoices and billing statements for approved uses of funds may be presented to the office of the Kerr County Auditor for prepayment to the Hunt VFD. Paid invoices for approved uses of funds may be presented to the office of the Kerc County Auditor for reimbursement to the Hunt VFD. In either case payments shall be made in accordance with Kerr County bill payment procedures as established by state law. 6. Insurance. During the term of this contract the Hunt VFD shall provide and maintain insurance coverage at the levels of limitation of liability specified in the Texas Civil Practice & Remedies Code, Section 101.023 ($100,000.00 for each person and $300,000.00 for each single occurrence for bodily injury or death and $100,000.00 for each single occurrence for injury to or destruction of property). The Hunt VFD shall provide a copy of the insurance coverage documents to the County Auditor not later than the beginning of the contract term. Said insurance shall apply as primary liability coverage for the Hunt VFD while providing fire protection services under this contract. 7. Financial Reports. Not later than sixty (60) days after the end of the term of this contract the Hunt VFD shall submit to the Kerr County Auditor a summary report of all expenditures of Kerr County funds during the term of this contract. (Note: This report will not substitute for or replace other reports, if any, which may be required of the Hunt VFD by federal or state law.) 8. Audits. At anytime during the term of this contract the Hunt VFD may request from the Kerr County Commissioners Court an audit of its financial condition. If approved by the Commissioners Court, the audit will be conducted by the County Auditor. If deemed necessary by the Commissioners Court, the Hunt VFD shall make the necessary records available to the County Auditor for an audit of expenditures of county funds under this contract. Page 1 of 3 9. Successors. This contract shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, legal representatives, and successors. Neither party hereto shall assign this contract to another party. 10. Default. In the event either party shall fail to keep, observe, or perform any provision of this contract, the breaching party shall be deemed in default. If such default shall continue for a period of ten (10) days after notice thereof by the non-breaching party to the other, then the non-breaching party shall be entitled to terminate this contract immediately. 11. Governin Law. This Contract shall be governed by and construed and interpreted in accordance with the laws of the State of Texas and the venue for enforcement shall be Kerr County, Texas. 12. 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. 13. 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 to 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 to the fullest extent permitted bylaw. 14. Limits of Relationship. The parties hereby agree that this is a contract for providing fire protection services in the HuntVFD PFRA and hereby renounce the existence of any other relationship including any agency relationship. In no event shall Kerr County have any obligation or liability whatsoever with respect to any debts, obligations, or liabilities of the Hunt VFD, and the Hunt VFD shall have no authority to bind Kerr County to any contract, matter, or obligation. No duties of Kerr County are delegated to the Hunt VFD by this contract and any provision which is or may be held to be such a delegation shall be of no force or effect. 15. Modification Termination. This Contract may be amended, modified, terminated, or released only by written instrument executed by the Kerr County Commissioners Court and the Hunt VFD, except as herein otherwise provided. 16. Total Agreement. This contract is a total and complete integration of any and all understandings existing between the parties hereto and supersedes any prior oral or written agreements, promises or representations between 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. 17. Effective Date. This agreement is effective on October 1, 2001 or upon execution by both parties and certification by the Kerr County Clerk, whichever occurs latest. 18. 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. Page 2 of 3 EXECUTED in multiple originals on the ~ftay of -~, 2001. PresidenUChairman Hunt VFD Date: ~/ f Fred Henn Kerr County Judge i~ ~ / Date: ~l o / VOLUNTEER FIRE DEPARTMENT: KERR COUNTY: HUNT VFD COMMISSIONERS COURT PO BOX 362 KERR COUNTY COURTHOUSE HUNT, TEXAS 78024 700 E MAIN ST KERRVILLE TEXAS 78028 CLERK'S CERTIFICATION I, JANNETT PIEPER, County Clerk of Kerc County, Texas, certify that the above agreement was approved, accepted and agreed to by the Commissioners Court of Kerr County, Texas on A~~~,. „~ , 2001, in Order No. 27211 recorded and filed in Volume A„~,~± nl , m,~~,.r; ~, of the Minutes of the Commissioners' Court of Kerr County, Texas. c~S10NEq Ja a Pieper tl`~ Sc County Clerk s~G~ Kerc County, Texas ..~ Date: D ey Page 3 of 3