~~}~~~c~10/~ COMMISSIONERS COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Dave Nicholson MEETING DATE: July 14, 2003 SUBJECT: (PLEASE BE SPECIFIC) OFFICE: Commissioner. Precinct 4 TIME PREFERRED: Consider, discuss and take action the form of contracts between Kerr County and Volunteer Fire Departments to be effective October 1, 2003, Consider and approve contracting with the Tierra Linda and/or Junction VFD's to provide service to Kerr County. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Commissioner Precinct #4/Danny Edwards 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: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's format 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. l~ Agenda Item - 23~ Commissioners' Court Meeting Consider and take action to approve the form of contracts between Kerr County and Volunteer Fire Departments to be effective October 1, 2003. Consider and approve contracting with the Tierra Linda and/or Junction VFDs to provide service to Kerr County. Persons addressing the Court: Dave Nicholson/Danny Edwards Time: 10 minutes Please schedule this item first or early in the meeting. Commissioners and Judge: Attached is a one-page document outlining proposed changes to the Volunteer Fire Department contract. The document refers to the HVFD. The intent is that this contract will apply to all VFDs in Kerr County. It is proposed that this contract be modified in paragraph 2 to apply to the two VFDs that are not located in Kerr County to read as follows: "Services Provided. The (Tierra Linda or Junction) VFD shall provide fire protection services outside of its Primary Fire Response Area..." The revisions to paragraph 3 include deletion of the reference to Workers Compensation coverage. This language will be deleted from the Hunt VFD contract and from any other VFD department that opts out of County-paid Workers Compensation coverage, but will continue to be included in other contracts. Hunt VFD has found that their total insurance costs are cheaper by including Workers Comp in the package, so other VFDs may also take this course. This proposed contract was developed by attorney Danny Edwards, is endorsed by all VFDs through the Kerr Area Firefighters Association (KARFA) and has been reviewed by the County Attorney. HVFD/Ken County Contract 2. Services Provided. The HVFD shall provide fire protection services in or outside of 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, including but not limited to the Mutual Aid Agreement executed pursuant to Texas Forest Service requirements. 3. Consideration. Pursuant to procedures set out herein, Kerr County shall provide to the HVFD a sum not to exceed $11,000.00 during the term of this contract. , ~~~'"°~°'^ Provided however, that reimbursement for catastrophic losses incurred while providin'~fre fi°~a services to Kerr County outside the department's primary assigned area, will be paid over and above the annual agreed amount stated above, pursuant to Paragraph 5. For purposes hereof, a catastrophic loss is any equipment damage requiring repairs or replacement in an amount exceedin Five Hundred ($500.00) Dollars. S. Method of Pq,Yment. Paid and Unpaid invoices and billing statements for approved uses of funds may be presented to the office of the Kerr County Auditor for ~e~ reimbursement to the HVFD. D~~ 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 HVFD 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 HVFD shall provide a certificate of insurance to the County Auditor not later than the beginning of the contract term. Said insurance shall apply as primary liability coverage for the HVFD while providing fire protection services under this contract. Sections 7 and 8 can be deleted in light of the fact that the County will have already approved each and every reimbursement to the HVFD. Why must they be reviewed again by virtue of a financial statement or audit? 14. Limits of Relationship. The parties hereby agree that this is a contract for HVFD to.provide ~g fire protection services in Kerr County E13c~"~~~_~ and hereby renounce the existence of any other relationship including any agency relationship. >n no event shall Kerr County have any obligation or liability whatsoever with respect to any debts, obligations, or liabilities of the HVFD, and the HVFD shall have no authority to bind Kerr County to any contract, matter, or obligation. No duties of Kerr County are delegated to the HVFD by this contract and any provision which is or may be held to be such a delegation shall be of no force or effect. ,l V PUBLIC PARTICIPATION FORM ~1 `~' `" . FOR ~ ,~~''?7 KERR COUNTY COMMISSIONERS' COURT Instructions: Fill out all appropriate blanks. Please print or write legibly. Present to the County Clerk prior to the time that the Agenda Item (or Items) you wish to address are discussed. Name: Address: Telephone: /~K~t/ ~~~z!~r~trr;~y- r? ~J ~~-x 3 7 y Place of Employment Employment Telephone: S /Y c' ~' Do you represent any particular group or organization? Yes ~ No If you represent a group or organization, please state the name, address and telephone number of such group or organization. Which agenda Item (or Items) do you wish to address? ~ ~~ In general, are you for or against such Agenda Item (or Items)? For ~ /Against Signature NOTE: This Public Participation Form must be presented to the County Clerk prior to the time the agenda item{s) are discussed. Once you reach the podium, please state your name and who/what you represent clearly for the court reporter to accurately record who you are.