ORDER NO. 31092
CON"TRACTS WITH. VOLUNTEER FIRE DEPARTMENTS AND KERR COUNTY
SPONSORED ENTITIES
Came to be heard this the 10th day of November, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Baldwin, the Court unanimously
approved by a vote of 4-0-0 to:
Approve Contracts with Kerr County Sponsored Entities and Volunteer Fire
Departments, and authorize County Judge to sign same:
K' Star
I-Till Country CASA
Muni Volunteer Fire Department
Ingram Volunteer Fire Department
Mountain Home Volunteer Fire Department
Tierra Linda Volunteer Fire Department

COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Judge Tinley OFFICE: County Judge
MEETING DATE: November 10, 2008 TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action to approve the contracts with
K'Star, Hill Country CASA, Hunt Volunteer Fire Department, Ingram Volunteer Fire
Department, Mountain Home Volunteer Fire Department and Tierra Linda Volunteer Fire
Department, and allow the County Judge to sign same.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Judge Tinley
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
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
5:00 PM previous Tuesday
@ .M.
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 your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
#31092
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 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:
1. Term. The term of this contract is one year beginning on October 1, 2008 and ending on September 30,
2009 unless earlier terminated in accordance with the provisions below.
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 $15,000.00 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, Kerr County's obligation to
provide such coverage being contingent upon IVFD providing to Kerr County a written and current roster of all
volunteer firefighters of IVFD upon execution of this Agreement. 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 immediately 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 property). 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. Workers Compensation. The workers compensation insurance for the volunteer firefighters is
provided by the County. It is the duty of IVFD to provide and maintain an accurate volunteer
membership list to the County. The VFD shall provide an updated member list to the County
immediately upon any change in membership. In the event a VFD member is injured while
performing their duties as a volunteer firefighter, the injured member and the VFD shall fill out
an "Employer's First Report of Injury or Illness" form signed by the VFD Captain or
other designated agent and submit same to the County's Human Resource department no later
than 24 hours of the incident. In the event the injury occurs on the weekend or County
recognized holiday, the form shall be submitted on the next County business day. It is further
agreed between the parties that failure to submit a completed "Employer's First Report of Injury
or Illness" form as stated herein shall result in loss of claim coverage. The failure of VFD to
timely provide an accurate membership list may result in loss of claim coverage.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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 far
convenience only, and shall not define, interpret, affect or prescribe the meaning and interpretation of the
provisions of this contract.
16. Effective Date. This agreement is effective upon execution by both parties and certification by the Kerr
County Clerk, whichever occurs latest.
17. 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
J ,,~
President/Chairman
INGRAM VOLUNTEER FIRE DEPARTMENT
Date: ~ ~ ~ ®~
VOLUNTEER FIRE DEPARTMENT:
INGRAM VOLUNTEER FIRE DEPARTMENT
Ray Lynch
BOX 271
INGRAM, TEXAS 78025
CLERK'S CERTIFICATION
2008.
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Kerr County Judge
Date: /~ ~'~ ~~~
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
November l0 , 2008, in Order No. 31092 recorded and filed in the Minutes of the
Commissioners' Court of Kerr County, Texas.
~~
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V~ °4-;.~'a Jannett Pie er
`~ ~ County Clerk
~: °~'- ;~- ~~ ~ Kerr County, Texas
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~c`~. „,_,-2,~~`"~~6`~~~~~ Date: November 10, 2008
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day of
INGRAM VOLUNTEER FIRE DEPARTMENT
P.O. BOX 271, INGRAM, TEXAS 78025
(830)367-5641 OFFICE / (830)367-3073 FAX
OCTOBER 1, 2008
UPDATED LIST OF
INGRAM V OL. FIRE DEPARTMENT MEMBERS
FOR KERB COUNTY WORKMEN'S COMPENSATION
ADCOCK, JIMMY
ALEXANDER, BRIEN
ALEXANDER, JR., EVERETT
ANDRADE,DANA
BACCUS,BART
BACCUS, DIANA
BLOCK, ROAD
BROWN, DAVID
EULER, KENNETH R.
EURE, JR., THOMAS
GAZAWAY, MARVIN
GOODMAN, CASEY
GORDON, MISTY
GORDON, WESLEY
GRADILLAS, RENE
HEATH, MIKE
HEIMANN, BRENT
HEIMANN, SHAWN
HUFFAKER, DEN'E
HUGHES, JENNIFER
HUGHES, JEREMY
HUGHES, PHILLIP
JAEGER, WAYNE
LANDIN, TAMMY
LOWRANCE, RACHEL
LYNCH, DAVID
LYNCH, JASON
LYNCH, RAY
MORRIS, COLE
POOL, LEE
RICE, DALE
SPEER, JOHN
STREIT, ANNIE
STREIT, FRED
THOMPSON, DANIEL
TILLINGHAST, C.J.
RESPECTFULLY SUBMITTED,
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RAY LYNCH, CHIEF
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THE COUNTY COURT
COUNTY JUDGE
PAT TINLEY
COMMISSIONERS COURT
H.A. °`BUSTER~° BALDWIN, PCT. I
WILLIAM H. WILLIAMS, PCT. Z
JONATHAN LETZ, PCT. 3
BRUCE OEHLER, PCT. 4
OF
KERB COUNTY, TEXAS
700 Main, Kerrville, Texas 78028
Tel: (830) 792-2211
Fax: (830) 792-2218
F.-mail: commissioners@co.kerr.tx.us
CLERK
.TANNETT PIEPB.R
COURT COORDINATOR
JODY GRINSTEAD
October 3. 2008
Ingram Volunteer Fire Department
c/o Ray Lynch, Chief
P.O. I3ox 271
Ingram, TX 78025
Dear Mr. Lynch:
Inclosed are two original contracts between your Volunteer Fire Department and Kerr
County. Please sign both copies and return them to Kerr County and we will execute
same and return a signed original to you.
Please nose the language in item number seven (7) of the contract in regards to Workers
Col~3pensation. Kerr County"s obligation to provide such coverage is contingent upon
your department providing in writing to Kerr County a current roster of all volunteer
firefighters so that they will be covered while performing their duties. Please provide. a
current list when you return the e-ZClosed contract. Any time there is a change in
membership, an updated list needs to be provided immediately to the C'ount_y"s Hurnan
Resource Department.
Please also note in item number seven (7) that in the event a VFD member is in_jurcd
while performing their duties as a volunteer firefighter, the injured member and the VFD
shall fill out an "Employer's First Report of Injury or illness" form signed by the Vf~I)
Captain or other designated agent and submit same to the County's Human Resource
Department no later than 24 hours of the incident.
Sincerely.
~~.
10 ~ Grin ad
Commissioners' Court Coordinator
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