#30113
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 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, 2006 and ending on
September 30, 2007 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 performing fire protection duties under this
contract, Kerr County's obligation to provide such coverage being contingent upon MHVFD
providing to Kerr County a written and current roster of all volunteer firefighters of MHVFD upon
execution of this Agreement. 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 & 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 pertorm 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 MHVFD 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 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, 2006 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 , 2007.
G; ~~ ~ ~
President/Chairman ~ Pmt F~1'ey
MOUNTAIN HOMEVOLUNTEER FIRE DEPARTMENT Kerr County Judge
Date: ~' y ©'- ~'
Date: / • 2.. 2. - 'ZJi>
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 MAIN ST
KERRVILLE TEXAS 78028
1, 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
January 2'l , 2007, in Order No. 30113 recorded and filed in `delnii~e
fag ,~° the Minutes of the Commissioners' Court of Kerr County, Texas.
S\ONERg ~ Q c./e~V _ Jam" ~ ~~"'-" 0
~~~ ~""cOG Jannett Piep r ~ ~, T
o~~ i9-~ County Clerk
i ~ ~. Kerr County, Texas
~: i
~~.».../ q0~~ Date: ~ -~ ~~ ~ 607
9cours~y°
Mountain Home Volunteer Fire Department
5551 Junction Higtrvvay P. O. Box 191 Mountain Home, TX 78058-D191
Membership Roster
January 2007
Hank Poorman	866-3802
Darrell Dieringer	866-3688
James E. Haynie	866-3788
Brien Alexander	866-3810
Dwayne Smith	866-3498
James W. Haynie	866-3396
Mark Bartell	866-3855
Dean Storey	640-8565
John H. Mize	866-3396
Beth Haynie	866-3589
Hunter Dieringer	866-3688
Dennis Bruner	866-3481
A. J.Knaggs	866-3584
John Wasmuth	866-3681
Rex Brand	866-3637
Keith Olive	866-3877
Aubrey Blakeley	866-3473
Charles Smithey	866-3501
Rusty Ranton	866-3833
Charles Opella	866-3534
Bob Cook	866-3438
Mark Hurt	866-3416
Joey Guerrero	866-3573
Mike Meinert	866-3713
Jordan Lewis	257-9919