ORDER N0.28405
APPROVAL OF CONTRACTS BETWEEN KERR COUNTY
AND MT. HOME VFD AND CENTER POINT VFD
On this the 11~' day of November 2003 upon motion made by Commissioner Nicholson,
Seconded by Commissioner Baldwin, the Court unanimously approved by vote of 4-0-0
to Approve the contracts between Kerr County and Mountain Home Volunteer Fire
Department and Center Point Volunteer Fire Department and authorize the County Judge
to sign same.
COMMISSIONERS' COURT AGENDA REQUEST ~ ,~ ~ ~`~ ~
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT. e..--°
MADE BY: Pat Tinley OFFICE: Coun Jud e`~~~~
MEETING DATE: _ November 11.2003 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss approving contracts between Kerr County and the following Volunteer Fire
Departments and authorize the County Judge to sign same:
Mountain Home Volunteer Fire Department
Center Point Volunteer Fire Department
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
Count~Jud~e
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: 5:00 P.M. previous Tuesday.
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepared 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.
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 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:
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 MHVFD 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.
3. Consideration. Kerr County shall provide to the MHVFD a sum not to exceed $13,000.00 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 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 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 MHVFD 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 MHVFD 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. 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.
12. Limits of Relationship. The parties hereby agree that this is a contract for MHVFD to provide fire
protection services in Kerr County and hereby renounce the existence of any other relationship
inGuding 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.
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 MHVFD,
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 r"', 2003.
President/Chai n .- ~ ~~ Pat Tinley
MOUNTAIN HOMEVOLUNTEER FIRE DEPARTMENT Kerr County Judge
Date: ~ f F1 "2 ~"'t~.3
Date: J/ - // - D 3
VOLUNTEER FIRE DEPARTMENT:
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 MAI N 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
I~U l l , 2003, in Order No. a' .~ recorded and filed in
,`1~ge ,tithe Minutes of the Commissioners' Court of Kerr County, Texas.
Jan tt Pieper
~~gStONggs County Clerk
O~ CO Kerr County, Texas
~ G
Date: / ! , ~'~~
99cOU ~~W
NTY,
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 CENTER POINT VOLUNTEER FIRE DEPARTMENT, hereinafter 'the
CPVFD,' an incorporated volunteer fire department (IRS EIN 741673689), 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:
1. Term. The term of this contract is one year beginning on October 1, 2003 and ending on
September 30, 2004 unless earner terminated in accordance with the provisions below.
2. Services Provided. The CPVFD 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.
3. Consideration. Kerr County shall provide to the CPVFD a sum not to exceed $13,000.00 during
the term of this contract. In addition Kerr County shall provide Workers Compensation coverage
to the CPVFD volunteer firefighters white 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 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 i~ 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 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 CPVFD 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. Neithrrr 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. 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.
12. Limits of Relationship. The parties hereby agree that this is a contract for CPVFD 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 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.
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 CPVFD,
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 ~Ca day of ~- / ~~i 2003.
'Chairman
POINT VOLUNTEER FIRE DEPARTMENT
Date: /f~ - ~7- ;~v~3
VOLUNTEER FIRE DEPARTMENT:
CENTER POINT VOLUNTEER FIRE DEPARTMENT
P.O. Box 494
Center Point, Texas 780101
CLERK'S CERTIFICATION
~.._-~:~~.a--
Pat Tinley
Ken- County Judge
Date: ~~'~/ ` dam'
KERR COUNTY:
COMMISSIONERS COURT
KERR COUNTY COURTHOUSE
700 E MAI N ST
KERRVILLE TEXAS 78028
I, JANNETT PIEPER, County Clerk of Kerr County, Texas, certify that the above agreement
was approved, accepted end agreed to by the Commissioners Court of Kerr County, Texas on
~ ~ 1 I , 2003, in Order No._ a~~~S recorded and filed in e
~ , e~ the Minutes of the Commissioners' Court of Kerr County, Texas.
SSIONERS -~~.-~.7 '
~~~ C'O Ja ett Pieper
~o ~G9 County Clerk
-~ Kerr Couniy, Texas
~ ~ ~Y
~`"9,Q }P Date: G'-~Z.c f ~, ~-C~ 3
couNZY,~`