ORDER N0.28433 VOLUNTEER FIRE DEPARTMENT CONTRACTS On this the 24`" day of November 2003 upon motion made by Commissioner Letz, Seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0- 0 to approve the contracts between Kerr County and the following Volunteer Fire Departments. Comfort Volunteer Fire Department Castle Lake Volunteer 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: Pat Tinley OFFICE: County Jud MEETING DATE: November 24, 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: Comfort Volunteer Fire Department Castle Lake Volunteer Fire Department Hunt Volunteer Fire Department EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT County Judge 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 VpLUNTEER 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 CASTLE LAKE VOLUNTEER FIRE DEPARTMENT, hereinafter "the CLVFD,° an incorporated volunteer fire department (iRS EIN ~ ~~~I 743), and Kerr County desire to enter into a contract for the provision of fire protection services to Kerr County by the CLVFD, 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 CLVFD shall provide fire protection services 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 CLVFD a sum not to exceed $1,000.00 during the term of this contract. In addition Kerr County shall provide Workers Compensation coverage to the CLVFD volunteer firefighters while performing fire protection duties under this contract. The CLVFD agrees to provide to the Kerr County Treasurer, in writing, a list of all CLVFD 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 CLVFD. 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 CLVFD 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 CLVFD shall provide a Certificate of Insurance to the County Auditor not later than the beginning of the contract term. Said insurance shall appty as primary liability coverage for the CLVFD 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. Goveming ,Law. This ConVact 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 CLVFD to provide fire protection services in Ken- 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 CLVFD, and the CLVFD shall have no authority to bind Kerr County to any contract, matter, or obligation. No duties of Kerr County are delegated to the CLVFD 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 Ken- County Commissioners Court and the CLVFD, 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 Cterk, 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. President/Chairman Pat Tinley- `""~-- CASTLE LAKE VOLUNTEER FIRE DEPARTMENT Kerr County Judge Date: ~%7 t./ o' Z~r Date: ~ / Z- ~" _ Z ° ~ c{ VOLUNTEER FIRE DEPARTMENT: CASTLE LAKE VOLUNTEER_ FIRE DEPARTMENT ~'!, , (,/c.:~ ~ to _3 7~' i ~~~ _ ~~~ -~J~ ~~C 7~'~ ~ ~ ~~ 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 ap roved, accepted and agreed to by the Commissioners Court of Kerr County, Texas on 2003, in Order No. ~~~~~ ~, recorded and filed in e ~~ge , ~F the Minutes of the Commissioners' Court of Kerr County, Texas. `S~IONE~s c ~~~ .~ OG Ja ett Pieper ~ ~I ~~ County Clerk ~yf E` a ~ Kerr County, Texas ~.~ ~~ ,~~~ ~'~~~a..~~°y".~~~ Date: 1 ~ "~' ~~-~ ,~ `~' ~sd IV 1 \ 9 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 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: 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 CVFD shall provide fire protection services in or outside its Primary Fire Response Area (PFRA) to Ken- 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 $13,000.00 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 Ken• 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 reimbursement to the CVFD. In either case payments shall be made in accordance with Kerr County bill payment procedures as established by state law. fi. 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 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 CVFD 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 CVFD 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 cer`~ified 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 CVFD to provide fire protection services in Ken- 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 CVFD, and the CVFD shall have no authority to bind Ken• 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. 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 CVFD, except as herein otherwise provided. 14. Total Agreement. This contract is a total and complete integration of any and all understandings existing befinreen 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. PresidentlC irman COMFORT VOLUNTEER FIRE DEPARTMENT " ~Paf Tinley Kerr County Judge Date: 1 ~ ` ' (~•~ VOLUNTEER FIRE DEPARTMENT: GOMFORT VOLUNTEER FIRE DEPARTMENT P.O. Box 681 Comfort. Texas 78013 CLERK'S CERTIFICATION Date: ,~/' Z Y - Z~ 3 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 ap ved, accepted and agreed to by the Commissioners Court of Kerr County, Texas on _, 2003, in Order No. ~ X~3~ recorded and filed in ~eMr~e Sege .. , a~ the Minutes of the Commissioners' Court of Kerr County, Texas. ~~ ~~ ~ ~= ~ ~. ~ ~, Ja ett Pieper aY'~ ~, ' ~ County Clerk `°~ tl~ ~ ~ ~~'~,`' Kerr County, Texas ~y Date: ~ ~~ ~ y .~ F'EGfJ I ER ~( -o /~TI!/'LO T'tJIC !` vTIC,!^nTLll ,iCl [C •C n •TTLV l1!'~ ' .. ___ _~.__-__. __-._ ~-__~..r ___..._.. __.~_ __ .... __~... _.._. ..._. ..~~- CONFERS ~'0 RIG1iT$ UPON TIiS CERTIFICATE HOLDP.R. Ttil$ CERTIFICATE DOE;; VFIS of Texas! Regnier & Associates NOT AMEND. EXTEND OA,4I,TER Tf#E COYER.gGE AFFORD BY THE POI.lClES BrzLOw. 4450 Frontier Trai! COMPANIES AFFORDING CO~ER.AGE AuStln• TX 7S74S CO>+SPANY LETTER A American Alternative Insnrance Cor , 512~d48.9928/I-800.2529435 COMPANY LETTER B U COMPANY Volunteer Fite Departments of Kendall County Comfort VFD LETTER C COMPANY 726 North Main LETr$R D MPA ' Boerne, TY 78006 LETTER E TH191S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW tGVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOA YSSE POLICY P~,riIOD INDICATED. NOTWITHSTANDING ANY REQUIIiIvMENT, TERM OA CONDITION OF ANY CONTACT OA OTFI>?R BpCi1MENT WI77I RESPS>:CT TO W HSCH THIS CERTIFIACATE MAY 8E ISSUED OR MA`.,' PERTABV, THE INSURANCE AFFORDED SY THfi ROLICI85 DESCRIBED HEREIN 15 .SU9d£CT 74 ALL THE TERMS EXCLUSIONS AND CONDi`f IONS OP SU:.A POLICIES. LIMI'I$ SAO\VH VIAY HAVE $EF..N RF-DUCED ZiY PAID CLAIMS. CO TYPE 061NSUAANCE POLICY NUMBER POLICY EFF, POLICY FXP, LiMST5 LTR DATE DATE (MM/DAfYY) (MM/DD/5!Y) cEr.eAALLIaIlILI7Y CL0016945-5 1/1/03 1/1/04 GENfiRALAGGREGATE ^y 3,000,000 A ®COMM.GIwNERALLIABILi'F'Y PROD .COMP/OPAGc. $, 3,000,000 ^ CLA[MSMABE ®OCCUR YERS. &ARV.INJURY $ ~IQ~,~O OWNER'S&CONT&4CT'SpROT. 6ACHOCCURRENCE ~ 1,ooo'QO~ ® Professional eaithcare FIRE DAMAGE lOee P'uy) $1 000 000 ., , MED. EaPENSE (One Prr) $ S OOQ AUTOMOBILE LIAB]I.1TY ~1 TX 3000460-5 X~I/03 .{ ~/l/U4 COMBINED 5i*tGI,E ~ 1.,00©,OOO LIMIT ®ANY AUTO A ~ ALL OWNED ASjT05 BODILY tnJIJRY ^ SCHEDULER AUTOS (Per PO~~Dn) ® HISUIO ALrp05 HORSEY INJURX (Per AtCldent) NON-OWNED AtiT03 GA1tAGE LL+HILITY PROPiERTY DAMAGE E7LCFSS LLLBILI7'Y EACH OCCURIIENCE S UMBRELL\PORM ^ AGGREGATE OTHER THAN VlI{BRELL~ FOWIS STATO'i'OIiT'LSTSITS ' WORKERS COMP€NSATION EACH ACCIDF_NT AND ' DISEASE POLICY LU41T EMPLOYER S LIABILITY DISEASE-EAC13 EMP. S OTHER DESCRIPTION OF OPERAT10NS1LOCATIONS/'VBHICLES~'SPELZAL TTEMS Kerr County SHOULD AyY OF TISL ABOVE DESCRIBED POLICIES SE CANCELED BEFORE THE EXPIRATION DATE THE1iEOF, 7HE I85UING COMPANY WILL ENDEAVOR 70 MAIL ~ ' 700 Main N07 ICE TO 77IE CERTIFICATE HOLDER NAMED TO TIf1E LEFT, BUTPAILURE TO MAIL 5UCH NOTICE SHALL HNPOS$ NO OBLIGATIOIt OR LIABILITY OF ANT' KIND UPON THE Kerrville, TX 78028 AGENT'& OR REPRESENTATIVES ALITH iZBD REPReSENTA YE TOTAL F. O1 X PRESENT KEY/ ABSENT ~~03 -boy XQ MAKE-UP MEMBERS' ATTENDANCE RECORD YEA NOTE:-WHEN CREDITING A MEMBER FOR MAKING UP ATTENDANCE. MAKE A CRO55 (X1 OUT OF TH£ ABSENT MARK AND DRAY A SQUARE AROUND IT. 1 ~ I' ____ __ _.._ ~~.-~ .-..~ ...... r~ri- r.r~~ea r.r 6A cuacoa JAN. FEB. MAR. APR. MAY JUNE ~'' ;, o ~~ ' ~ ., S; s; :~ :, ~~ gI ~ 9 ;' I 0~ 1 1 T, '~ 3 .j t ~ ~ ., , ' a. I ~ bi I 7. . } 8 9 u 0 1 a 1 i a ;i , 6 i I ce -- JULY ___ 1 s 6 y 4, a a e 9 X PRESENT " ~~;03 _ ~` KEY/ ABSENT MEN-BERS' ATTENDANCE RECORD YEAR [X] MAKE-UP AKE A CROSS (X) OUT OF THE ABSEN T MARK AND DRAW A SQUARE AROUND IT. NOTE~-_yyNEN CREDITING A MEMBER FOR MAKING Ur ATTENDANCE. M - - , --- ~.~- ~ OEG. NOV NAMES OF MEMBERS JAN. FEB. MAR. APR. MAY Jt;~ AUG. ~~~_~~-; . SEPT. OCT. _ __ -i-~_.T'f'Tfi-'t'-fTr '1 ~ ~ 1 ,~ -~ ~ ~".-_ - - -_ .{= _ rt --_=-=.___~-~ . T r 1 _- r -. - _ T r r - _ - r i - i - i - - -- ~1- - 1 - 1 T - - ~~1 - 1" -- ~ f 1 T I 1 - - fi C ~~.~ ~ L ~ L L-. D 0 X PRESENT ~~ ~ KEPI ABSENT ~O3 -~~,~1 QX MAKE-UP MEMBERS' ATTENDANCE RECORD YEAR ~ C NOTE:-WHEN CREDITING A MEMBER FOR MAKING UP ATTENDANCE. MAK£ A CR065 /X/ OUT OF THE A96ENT MARK ANp DRA4Y A 50UARE AROUND IT. JUL AU SEPT OGT NOV DEG. NAMES OF MEMBERS JAN. FEB. MAR. APR. MAY JUNE ~' I' 1 ~, ~ ~~ 5 ~~ ~ ~ ~ .tea .~ ~ S~ 6 ~ 'I ' i• ;~ 8~ ~ 9~ 0 i 1' ~~ ' Z . ~I :1 ~ i ~ f 5 . I I 6 ' :~ 7, i 8 _ I ~ 4' .. S 0 1 :~ i ~ ~ i 4 I 6 '~ 1 ..,. -