ORDER N0.31067
CONTRACTS WITH KERB COUNTY SPONSORED ENTITIES AND VOLUNTEER
FIRE DEPARTMENTS
Came to be' heard this the 27th day of October, 2008, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams. The Court unanimously
approved by a vote of 4-0-0 to:
Approve Contracts with Kerr Economic Development Foundation, Big Brothers and
Sisters, Comfort Volunteer Fire Department, Elm Pass Volunteer Fire Department, Turtle
Creek Volunteer Fire Department, Center Point Volunteer Fire Department and Castle
Lake Volunteer Fire Department, and authorize County Judge to sign same.
~• ~~ 31 D(o7
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
MEETING DATE: October 27, 2008
OFFICE: County Judge
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action to approve the contracts with
Kerr Economic Development Foundation, Big Brothers and Sisters, Comfort Volunteer
Fire Department, Elrn Pass Volunteer Fire Department, Turtle Creek Volunteer Fire
Department, Center Point Volunteer Fire Department and Castle Lake 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.
#31067
KERR COUNT~'1( VQLUNTEER 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 COMFORT VOLUNTEER FIRE DEPARTMENT, hereinafter "the CVFD," an
incorporated volunteer fire department (IRS EIN 74-2098417), and Kerr County desire to enter into a
contract for the provision of fire protection services to Kerr County by the CVFD,
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 CVFD 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 CVFD 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 CVFD volunteer firefighters while performing fire protection duties under this contract,
Kerr County's obligation to provide such coverage being contingent upon CVFD providing to
Kerr County a written and current roster of all volunteer firefighters of CVFD upon execution of
this Agreement. The CVFD agrees to provide to the Kerr County Treasurer, in writing, a list of
all CVFD volunteer firefghters 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 CVFD. 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 CVFD 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 CVFD 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 CVFD 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 CVFD 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 "Emp{oyer'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 CVFD 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 CVFD, and the CVFD shall
have no authority to bind Kerr County to any contract, matter, or obligation. No duties of Kerr
County are delegated to the CVFD 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 CVFD,
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. Ttris agreement is effective upon execution by both parties and certification by
the Kerr County Clerk, whichever occurs latest.
17. Authori The undersigned. officers and/or agents of the parties hereto are the properly
authorized officials and have the necessary authority o 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 , 2008.
resident/Chairman P
COMFORT VOLUNTEER FIRE DEPARTMENT Kerr County J/udge ~ ~)
Date: ~/b - ~S " ~ ~ Date: ©G~t~he.4'" Z 7 ~ 1S
VOLUNTEER FIRE DEPARTMENT:
COMFORT VOLUNTEER FIRE DEPARTMENT
Steven Bohnert. President
224 West Hwy_473
Comfort. Texas 78013
KERR COUNTY:
COMMISSIONERS COURT
KERB COUNTY COURTHOUSE
700 E MAIN ST
KERRVILLE TEXAS 78028
CLERK'S CERTIFICATION
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
october 27 , 2008, in Order No. 31067 recorded and filed in the Minutes of the
Commissioners' Court of Kerr County, Texas.
M1SS10/yF ~'c~'F't'`'
V~~~~ ~O Q
~r f ; G nnett Pie
~ A t unty Clerk
rr County, Texas
,~~a •• ~
~,.~ ,~ s~9~'' ~I , ~~`~ Date: October 27 , 2008
tr..R~~..-.-
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OCT-17-2008 09:47A	FROM:COMFORT VFD	C830-995-3409	70:18307922218	P.1~1
Iaat	Fist	sdi.ddle	sta!! ID	Rsink	stn spilt
Unit 7~it Yb					
Adams	Terry	L	07	FF	COM
	6CS'e~e		'f9~		-E19M
Allerkamp	Jim	K	13	FF	COM
Koerner	Cary	A	26	FF	COM
Koerner	Trae	Matthew	36	FF	COM
Bohnert	Steven	E	03	FF	COM
CdF1cS	Tony	A	05	FF	COM
Castro	Jimmy	Lee	37	FF	COM
Castro	Robert	Lee	06	FF	COM
Collins	Sattaay	Charles	I8	FF	COM
burden	Kristin	M	29	FF	COM
Eichholz	Adam	K	33	CP	COM
Capt. 51					
Flores	Joe		38	FF	COM
Flynt	Johnathon	M	OS	FF	COM
Garcia	Gustavo	Solis	22	FF	COM
Hawkins	Thomas	A	17	FF	COM
Kaul	Robert	E	34	FF	CAM
~lEt!!!Z-	$~E,i~wi~eR	~	X49-	-i+~-	~9M'
Leifester	Jason	D	32	FF	COM
Lucas	Bart		i4	FF	CQM
Mozales	Daniel	J	15	FC	COM
Chie£ 50					
Murrell	Timothy	Allan	29	AC2	COM
Chief 52					
Petty	Wesley	K	25	FF	COM
Smith	Bazry	Lynn	21	FF	COM
c:apt . 52					
Touchtone	Andrew	L	35	FF	COM
Vadnais	Hrian		10	FF	COM
Valen2uela	Melissa		99		COM
~leyel	Aohby	G	27	AC	COM
Chie£ 51					
Willard	Jason	Dean	42	FF	COM
YaateB	Michael	R	30	FF	COM
Q,o~;-~-~ ~ ~~
Page 1 of 1
Jody Grinstead
From: Jody Grinstead [jgrinstead@co.kerr.tx.us]
Sent: Thursday, October 16, 200810:10 AM
To: 'Comfort VFD'
Subject: FY 08-09 Contract.
Attachments: Scan.tif
Thank you for submitting your signed contracts so quickly. The contract will be on the next Commissioners' Court
meeting (10/27/08) for approval and 1 will send you your original after it has been signed by Judge Tinley. However, I will
need an updated list of the volunteer firefighters before the contract can be signed. I have attached a copy of the list that
was submitted last year. If the information remains the same 1 will just make a copy and attach it to the new contract. If
there are changes, I will need you to submit a new list. (If the changes are minimal I can update it for you).
Thanks so much!
Jody
i nn ci~nno
Pie 1 of
L.rtst Name:		First Name:	MI:
Last Name:	ADAMS	Fit Name: TERRY	Mis L
Last Name:	ALBRO	F'~ Nams: GEORGE	Mis H
Last Name:	ALLERKAMP	~ First Naree~: J1M	Mrs K
ra:t ~:	BEHRENDT	Fimt Name: CARL	Mi: K
Lazt Name:	BOERNER	Fib Name: CARP	Mi: A
Last Noma:	BOERNER	Ftrst Nsrtts: TRAE	MI: NI
Last Name:	80HNERT	First Narrre: STEVEN	Mr: E
last Name:	CARLOS	First Name: JAViER ti	MI:
Last Name:	CARLOS	
FNst Name; JOSE '~~	
MI: A
Last Nanwa:	CASTRO	First Name: JIMMY	Ilirs L
r.ast Name:	CASTRO	First Name: ROBERT	~~ L
I.~t Name:	COLLINS	First Name: SAMMY	Mrs C
Last Names	EiCHHOI.Z	first Name: ADAM	Mi:
last Name:	FLORES	First Narrw; JOSE	MI;
i.~t Name:	FLYNT	First Name: J<}HNATHON	Mi: M
Last Name;	GARCIA	First Name: GUSTAVO	Mi: S
Last Name:	HAWKJNS	First Name: ~OMA$	MI: A
Lad Name:	HOWARD	Ft~ Narrws DENNIS	Mi.
Last Name:	KAUL	First Name: ROBERT	MI; E
isd Name:	KUNZ	Fist Name: ~3RANDON	Mr: C
Last Name:.	LEIFESTER	First Name:.JASON	MI:
fast Name:	LEiFESTER	First Name: JOHN	Mk T
Last Naas	LUCAS	First Name: BART	Mi:
Last Name:	MORALES	First Name; DANIEL	MI: J
Lad Names	MOSS	First Name: JOSHUA	Mi; J
Lrest Nmrw:	MURRELL	First Nome: TIMOTHY	Mi: A
Lest Name:	PETSCH	First Names JOSEPH	Mr: P
Last Name:	PETTY	Fist Name: WESLEY	Mr: K
Last Namo:	PIERCE	First Name; JONATHAN	MI: W
Last Name:	REUSSER~	First Name: TIMOTHY	Mr: A
Name:	RtNGHAM	first Nurw: MICHAEL	Mi: M
Lad Names	SMITH	First Name: BARRY	Mr: L
fast Name:	TOUCHTONE	First Name: ANDREW	Mr: r_
Last Netna:	VADNAIS	First Name: BRIAN	Mr: K
Mast l NVEI(Et.
test NanM: YEATES
First Nem~ R48BY
F~ IWanN: MICHAEL
Page 2 of
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Mi. R
Total 37
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Grand Total: 37