#30138
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 ELM PASS VOLUNTEER FIRE DEPARTMENT, hereinafter "the EPVFD," an
incorporated volunteer fire department (IRS EIN 74-2358837), and Kerr County desire to enter into a contract
for the provision of fire protection services to Kerr County by the EPVFD,
IT IS THEREFORE AGREED that:
1. 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 EPVFD 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 EPVFD 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 EPVFD
volunteer firefighters while performing fire protection duties under this contract, Kerr County's obligation to
provide such coverage being contingent upon EPVFD providing to Kerr County a written and current roster of
all volunteer firefighters of EPVFD upon execution of this Agreement. The EPVFD agrees to provide to the
Kerr County Treasurer, in writing, a list of all EPVFD 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.
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 EPVFD. 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 EPVFD 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 EPVFD 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 EPVFD 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. 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 EPVFD 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 EPVFD, and the EPVFD shall have no authority to
bind Kerr County to any contract, matter, or obligation. No duties of Kerr County are delegated to the
EPVFD 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 EPVFD, except as herein
othewise 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. Authority. 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.
~~~
PresidenUChairman
ELM PASS VOLUNTEER FIRE DEPART ENT
Date: U ~ ~Q~ U"1
VOLUNTEER FIRE DEPARTMENT:
ELM PASS VOLUNTEER FIRE DEPARTMENT
1247 Elm Pass Road
Center Point, Texas 78010
CLERK'S CERTIFICATION
~ ~_ -=~
Pat TTn e \
Kerr County Judge
Date: 2 -/ Z ' ~~
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
ap~roved, accepted and agreed to by the Commissioners Court of Kerr County, Texas on
ebruary 12 , 2007, in Order No. 30138 recorded and filed in _
the Minutes of the Commissioners' Court of Kerr County, Texas.
cr~ °t;
Tyr
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my Clerk
County, Texas
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Elm Pass Volunteer Fire Department Fire Call List
Fire station - 634-2083
Member Phone Number Cell Phone Number Women's Aux.
Fred Biaham 634-2107
634-7712 Robin t3lgham
Mazk Cromier 634-7257 __
Jim Cravotta	634-2784
634-2740	210-385-8226
210-385-8225	
Liz Cravotta
	796-5936		Holly Johnston
Mark Keeney	634-7060	work 792-2512	Marie Keeney
P.J. Keller	634-7225		Gwen Keller
Randy Keller	634-7447		Jackie Keller
Rocky Koltennazlu	634-2287		
	634-7266	210-416-8203	Mildred Mazkgraf
Michael Mayor	634-2891
Doak Nibblett	634-7079
Jim Nibblett	634-2300 Billlie Nibblett
Arturo Pena	634-7002 210-241-0100
	634-7002 830-377-4668 Deborah Hansen-Pena
David Rupert	634-7925
Bob Russell	634-2821
Steve Standke 634-7761	Cazol Standke
634-2318	Sherry Thayer
Jerry Vincent 634-7814	830-370-2247
634-7814	830-370-2189 Kathleen Vincent
634-2125	Cyndi Young
634-2125	Jackie Young
Non-Members
Don Evans 830-249-7502 210-663-6284
Jce Farmer 634-2456
Floyd Flint 634-2456
I,_portant Numbers
911 Dispatch 257-8181
Center Point VFD Dial 911 or ca11634-2323
Burn Ban Hotline 792-4328
EPVFD Fire Chief Jerry Vincent 634-7814
EPVFD -Fire Call List/May 2006