ORDER NO. 31092 CONTRACTS WITH VOLUN"DEER F1RE 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 Ilill Country CASH H~~uit Volunteer Fire Department Ingram Volunteer lire Department Mot~~ntain I-Tome Volunteer Fire Department Tien•a 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 HUNT VOLUNTEER FIRE DEPARTMENT, hereinafter "the HVFD," an incorporated volunteer fire department (IRS EIN 74-2707312), and Kerr County desire to enter into a contract for the provision of fire protection services to Kerr County by the HVFD, 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. 2. Services Provided. The HVFD 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 HVFD a sum not to exceed $15,000.00 during the term of this contract. f 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. G~r~ ~~rp 5. Method of Payment. Unpaidinvoices and billing statements for approved uses of funds may be presented to the office of the Kerr County Auditor for reimbursement to the HVFD. 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 HVFD 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 HVFD 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 HVFD while providing fire protection services under this contract. rake-vsk~r~te~r ; y _, t « „ 'a_roarl haftuaar +h.. e....i:.... +h ..+f.. a.....~ a. ....I-.Y:a _ __~__~_a_J ur ___~_..__r_ r___a r~___1 _r ~_____ $. 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 HVFD 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 HVFD, and the HVFD shall have no authority to bind Kerr County to any contract, matter, or obligation. No duties of Kerr County are delegated to the HVFD 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 HVFD, 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 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 ~C , 2008. y; _, .y w.. ,,,~+~^'~r~,~r~ ~~ ,, ,: ., i..-- L, 1. ~ o . President/Chairman HUNT VOLUNTEER FIRE DEPARTMENT --^"° at Tinl ---Kerr County Judge Date: ~~ ~ i ~p VOLUNTEER FIRE DEPARTMENT: HUNT VOLUNTEER FIRE DEPARTMENT Kirk Griffin, President P.O. Box 362 Hunt Texas 78024 CLERK'S CERTIFICATION Date: ~/--L ~ "~ 15 KERR COUNTY: COMMISSIONERS COURT KERB 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 10 , 2008, in Order No. 31og2 recorded and filed in the Minutes of the Commissioners' Court of Kerr County, Texas. ~g~ONERS ~1 "~fi " ~~~~,~...... c.OG Jannett Pieper ~;~ • = ~-~ County Clerk ,n~a ~ Kerr County, Texas ~~\, ~ ~ ~ ~N~'}~- Date: November 10, 2008