ORDER NO.28193
APPROVAL OF REVISIONS TO THE FORM CONTRACT
BETWEEN KERB COUNTY & THE VOLUNTEER FIRE DEPARTMENTS
On this the 28th day of July 2003, upon motion made by Commissioner Williams,
seconded by Commissioner Baldwin, the Court unanimously approved by a
vote of 4-0-0, of revisions to the form contract between Kerr County and the
Volunteer Fire Department as approved to form by the County Attorney.
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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 28, 2003
SUBJECT: (PLEASE BE SPECIFIC)
OFFICE: Commissioner, Precinct 4
TIME PREFERRED:
Consider and discuss approving revisions to the form contract between Kerr County
and the Volunteer Fire Departments located in Kerr County and the Tierra Linda
and Junction Volunteer Fire Departments.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Commissioner Precinct #4/Danny Edwards/Danny
Feller
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:
All Agenda Requests will be screened
information has been prepared for the
Meetings. Your cooperation will be
addressed at the earliest opportunity.
Court.
5:00 P.M. previous Tuesday.

by the County Judge's OfFce to determine if adequate
Court's formal consideration and action at time of Court
appreciated and contribute towards you request being
See Agenda Request Rules Adopted by Commissioners'
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 VOLUNTEER FIRE DEPARTMENT, hereinafter °the ,'
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,
1T IS THEREFORE AGREED that:
1. Term_ The term of this contract is one year beginning on October 1, 2003 and ending on September 30,
2004 unless earlier terminated in accordance with the provisions below.
2. Services Provided. The VFD shall provide fire protection services in or outside 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. Kerr County shall provide to the VFD a sum not to exceed $ during the term
of this contract. Reimbursement for losses due to equipment damage incurred while providing fire
fighting services to Kerr County outside the department's Primary Fire Response Area, will be paid over
and above the annual agreed amount stated above. Pursuant to Paragraph 5, reimbursement of losses
due to equipment damage shall be limited to amounts exceeding Five Hundred ($500.00) dollars but not
more than Five Thousand {$5,000.00) dollars 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 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 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 _VFD 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 VFD while providing fire protection services
under this contract.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Limits of Relationship. The parties hereby agree that this is a contract for to provide fire
protection services in Kerr County 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.
13. 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.
14. 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.
15. Effective Date. This agreement is effective on October 1, 2003 or upon execution by both parties and
certification by the Kerr County Clerk, whichever occurs latest.
16. 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 , 2003.
PresidentlChairman
VOLUNTEER FIRE DEPARTMENT
Date:
VOLUNTEER FIRE DEPARTMENT:
VOLUNTEER FIRE DEPARTMENT
CLERK'S CERTIFICATION
Pat Tinley
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
2003, 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: