ORDER N0.28446 APPROVAL OF VOLUNTEER FIRE DEPARTMENT CONTRACTS On this the 8th day of December, 2003 upon motion made by Commissioner Nicholson, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0, the Volunteer Fire Department contracts and authorize the County Judge to sign same for the following contract: Ingram Volunteer Fire Department Hunt 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 MEETING DATE: December 8, 2003 SUBJECT: (PLEASE BE SPECIFIC) .-- e~- OFFICE: Coun Jude -g. ~` TIlVIE PREFERRED: Consider and discuss approving contracts between Kerr County and the following Volunteer Fire Departments and authorize the County Judge to sign same: (County Judge) Ingram Volunteer Fire Department Hunt 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: County Judge 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,"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, 2003 and ending on September 30, 2004 unless earlier terminated in accordance with the provisions below. 2. Services Provided. The IVFD 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 IVFD 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 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 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 properly). The IVFD 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 IVFD 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 IVFD 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 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. 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 IVFD, 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 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 _~ .iay of ~~~`t c~ ~' ~G t ~~r'~ ; 2003. ~~~ G~~ ~~ President/Chairman INGRAM VOLUNTEER FIRE DEPARTMENT Date: i`U Z 7 c~.7 _ ~ ~~=~ ~ -Pat Tinley Kerr County Judge Date: ~/ L -D $'- Zc9D ~ VOLUNTEER FIRE DEPARTMENT: KERR COUNTY: INGRAM VOLUNTEER FIRE DEPARTMENT COMMISSIONERS COURT BOX 271 KERR COUNTY COURTHOUSE INGRAM, TEXAS 78025 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 roved, accepted and agreed to by the Com is~ioners Court of Kerr County, Texas on e ~ , 2003, in Order No '~ ~~ recorded and filed in _ ---'1 , of the Minutes of the Commissioners' Court of Kerr County, Texas. HUNT FIRE DEPARTMENT EMERGENCY PO Box 362 91 1 Hunt, TX 78024 BUS. OFFICE 21 November 2003 David Nicholson Commissioner, Precinct #4 Kerr CounTy Courthouse 700 Main St. Kerrville, TX 78028 Dear Mr. Commissioner; Enclosed please find two signed copies of the contract you provided to this department several weeks ago. When the contract is executed by Kerr County, request a copy be returned to HVFD for record keeping purposes. I apologize for the delay in returning this signed contract to you, but it required approval of the board of directors and getting that accomplished was impacted by the time of the year, i.e. deer season! Kindly note that one pen and ink change had to be made in order to reflect this department's correct IRS EIN 74-2707-312, and the change was accordingly initialed. Your assistance to get this contract revised to eliminate the aspects prejudicial to the volunteer fire departments of Kerr County is most certainly appreciated. Regards ~e~'I~Hintze III President, HVFD 2EncI: Contracts (signed)