ORDER N0.31067
CONTRACTS WITH KERR 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.
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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
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, Elm 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 COUNTY V©LUNTEER 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, 2008 and ending on September 30,
2009 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 $15.000.00 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 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 frre 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 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. Workers Compensation. The workers compensation insurance for the volunteer firefighters is
provided by the County. It is the duty of EPVFD 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 fist 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 airy 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, shat! 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 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.
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 EPVFD, 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.