ORDER NO. 31092 CONTRACTS 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 Hill Country CASH Ilunt Volunteer Fire Department Ingrain Volunteer Fire Department Mountain Home Volunteer Fire Department Tierra Linda Volunteer Fire Department COMMISSIONERS' COURT AGENDA REOUEST 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 TIERRA LINDA VOLUNTEER FIRE DEPARTMENT, hereinafter "the TLVFD," an incorporated volunteer fire department (IRS EIN 74-2689293), and Kerr County desire to enter into a contract for the provision of fire protection services to Kerr County by the TLVFD, IT IS THEREFORE AGREED that: 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 TLVFD shall provide fire protection services 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 TLVFD a sum not to exceed 2 000.00 during the term of this contract. In addition Kerr County shall provide Workers Compensation coverage to the TLVFD volunteer firefighters while performing fire protection duties under this contract, Kerr County's obligation to provide such coverage being contingent upon TLVFD providing to Kerr County a written and current roster of all volunteer firefighters of TLVFD upon execution of this Agreement. The TLVFD agrees to provide to the Kerr County Treasurer, in writing, a list of all TLVFD 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 TLVFD. 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 TLVFD shall provide and maintain insurance coverage at the levels of limitation of liability specified in the Texas Civil Practice 8 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 TLVFD 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 TLVFD 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 TLVFD 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, covenantor 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 TLVFD 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 TLVFD, and the TLVFD shall have no authority to bind Kerr County to any contract, matter, or obligation. No duties of Kerr County are delegated to the TLVFD 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 TLVFD, 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 for 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 parry 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 2008. President/Chairma /GK~EF `~--fat Tin y TIERRA LINDA_VOLUNTEER FIRE DEPARTMENT Kerr County Judge Date: Date: /O 7~~ `~ ~" VOLUNTEER FIRE DEPARTMENT: TIERRA LINDA VOLUNTEER FIRE DEPARTMENT Ed Marker 406 OAK ALLEY KERRVILLE, TEXAS 78028-1714 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 a~proved, accepted and agreed to by the Commissioners Court of Kerr County, Texas on Nove er 10 2008, in Order No. 31092 recorded and filed in the Minutes of the Commissioners' Court of Kerr County, Texas. IS •~~°~ ~ ~! R° '~ ett Pi er ~~ ~:_;, -,,, ~~unty Clerk ~' ~ ~~ . I~~rr County, Texas ~ '''.~ ~~ `,?», Date: November 10 , 2008 TIEI~;RA LINDA VOL. FIRE DEPT. 406 Oak Alley Kerrville, TX 78028-1714 Phone: (830) 896- 5270 www,tlvfd.com gassy56@ktc.com The County Court of Kerr County, Texas October 16, 2008 700 Main Kerrville, Texas 78028 Attention: Jody Grinstead Commissioners' Court Coordinator Dear Jody, Please find enclosed original contracts between Tierra Linda VFD and Kerr County. We greatly appreciate the consideration Kerr County has provided. If you have any questions or require any further information please do not hesitate to let me know. ~~ Ed Marker Fire Chief TIERRA LINDA VFD ROSTER FIRE -AMBULANCE -SHERIFF ..........................................................................911 GILLESPIE COUNTY SHERIFF (Direct Line ...................................... 1-800-735-0362 Fire Station {manned only during meetings and Emergencies .............................................792-3533 NUMBER NAME TITLE DRIVER PHONE MOBILE OTHER Line Personnel 1 Ed Marker Chief BTE 896-5270 739-1049 2 Ed Whitaker De ut Chief BTE 257-3246 570-460-0720 3 Sam Barrett Assistant Chief, ECA BTE 257-0736 4 Charlie Orr Ca tain BTE 792-6970 459-4270 5 Ken McConnell Ca tain BTE 896-5077 6 Alan Dorsman Ca tain, Trainin Officer BTE 792-3105 329-3720 7 Geor e Turner Ca tain BTE 896-5726 285-1636 8 Z_eke Anderson Fire Fi hter, Financial Officer BTE 896-1969 9 Marcia Barrett Fire Fi hter, Secetar ,ECA BT 257-0736 10 Am Ives Fire Fi hter, EMT BT 257-3829 370-2998 11 Ron Drumheller Ca tain, Webmaster BTE 257-2290 285-6973 12 Mark Skarich Fire Fi hter ST 895-9751 13 David Willin ham Fire Fi hter BT 896-0722 377-5517 14 Bud Kersten Fire Fi hter, EMT, Maint. Officer BTE 896-4195 329-6139 15 Jerr Wheeler Fire Fi hter BT 792-3445 377-7463 16 Dean Porter Fire Fi hter 896-4498 17 Ra Steelhammer Fire Fi hter 792-3435 285-0635 18 John Pardue Fire Fi hter 792-9818 19 Bill Perkison Fire Fi hter 895-0471 20 Erik Slee er Fire Fi hter, EMT 257-3542 21 Tomm Noonan Fire Fi titer, ECA 895-5745 370-1072 792-7279 22 Gre oria Gutierrez Fire Fi titer, ECA 895-5745 370-1072 23 Laura Emmons Fire Fi titer, ECA 895-3663 928-2406 24 Bob Smith Fire Fi titer, EMT 257-5313 377-1126 25 Bob Docke Fire Fi titer 603-502-7323 26 27 Dispatchers 1 Mar Ann Steelhammer Dis atcher 792-3435 285-0635 2 Miles Devine Dis atcher 896-6431 3 Walter Workman Dis atcher 896-9298 4 Jerr Bratcher Dis atcher 896-6142 5 Charles Gentry Dispatcher 257-5099 Calling Team 1 Luci Hope Calling Team 257-2918 _ 2 Ann Orr Calling Team 792-6970 _ ^3 Nancy Skarich Calling Team 895-9751 4 __ Rosemary Marker Galling Team 896-5270 5 _ Pennv McConnell Calling Team 896-5077 Other 1 Tom Kutscher Equipment Specialist /Advisor BTE 895-2767 __ 2 10116/08