ORDER NO. 29490
APPROVE FORM CONTRACTS BETWEEN KERR COUNTY
AND THE VOLUNTEER FIRE DEPARTMENTS
Came to be heard this the 28th day of November, 2005, with a motion made
by Commissioner Nicholson, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Rescind Order No. 29489, relative to the Volunteer Fire Department
Contracts, and to modify Contract Form to include in Paragraph 3 to provide
Kerr County will provide Workers Compensation only if the Volunteer Fire
Department provides a list of their employees, said Contract Form subject to
approval by the Kerr County Attorney and authorize County Judge to sign
same.
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COMMISSIONERS' COURT AGENDA REOUEST a 9 N 9 0
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS
MADE BY: Pat Tinley OFFICE: County Judge
MEETING DATE: November 28, 2005 TIME PREFERRED:
SUBJECT: Consider, discuss and approve form contracts between Kerr County and the
Volunteer Fire Departments and authorize the County Judge to sign same.
EXECUTNE 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 RECENED ON:

All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepazed for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towazds you request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
County Attorney has reviewed the following Contracts.
Contracts between Kerr County and the Volunteer Fire Departments.
1.	Tierra Linda
2.	Junction
3.	Hunt
4.	Divide
5.	Center Point
6.	Turtle Creek
7.	Ingram
8.	Elm Pass
9.	Comfort
10.	Castle Lake
11.	Mountain Home
Attached is Form Contract.
KERR COUNTY VOLUNTEER FIRE DEPARTMENT CONTRACT
WHEREAS, KERB 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 74-2523268), 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:
Term. The term of this contract is one year beginning on October 1, 2005 and ending on September 30,
2006 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
incurced in the provision of fire protection services inGuding, 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 property). The IVFD shall provide a
Certficate 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. Goveming Law. This Contract shall be governed by and construed and interpreted in accordance with
the Taws 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 ff 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 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 wntract, 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 shalt 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, 2005 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
President/Chairman
INGRAM VOLUNTEER FIRE DEPARTMENT
day of , 2005.
Pat Tinley
Kerr County Judge
Date: Date:
VOLUNTEER FIRE DEPARTMENT:
INGRAM VOLUNTEER FIRE DEPARTMENT
BOX 271
INGRAM. TEXAS 78025
CLERK'S CERTIFICATION
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
2005, in Order No. recorded and filed in Volume ,Page _
of the Minutes of the Commissioners' Court of Kerc County, Texas.
Jannett Pieper
County Clerk
Kerr County, Texas
Date: