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. 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: 5:00 PM previous Tuesday THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: @ .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. #3.1067 KERB 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 CENTER POINT VOLUNTEER FIRE DEPARTMENT, hereinafter "the CPVFD," an_incorporated volunteer fire department (IRS EIN 74-1673689), and Kerr County desire to enter into a contract for the provision of fire protection services to Kerr County by the CPVFD, 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 CPVFD 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 CPVFD 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 CPVFD volunteer firefighters while performing fire protection duties under this contract, Kerr County's obligation to provide such coverage being contingent upon CPVFD providing to Kerr County a written and current roster of all volunteer firefighters of CPVFD upon execution of this Agreement. The CPVFD agrees to provide to the Kerr County Treasurer, in writing, a list of all CPVFD 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 CPVFD. 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 CPVFD 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 CPVFD 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 CPVFD 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 CPVFD 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 fo 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. Severabilitv. 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 CPVFD 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 CPVFD, and the CPVFD shall have no authority to bind Kerr County to any contract, matter, or obligation. No duties of Kerr County are delegated to the CPVFD 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 CPVFD, 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. Authori 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 , 2008. Pr sident/C it an C NTER~P~O-I-NT VOLUNTEER FIRE DEPARTMENT Date: 4~~_.~ . VOLUNTEER FIRE DEPARTMENT: CENTER POINT VOLUNTEER FIRE DEPARTMENT David Sullivan P.O. Box 494 Center Point, Texas 78010 CLERK'S CERTIFICATION ~--; "'~ . ~-~~ y 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 October 27 , 2008, in Order No. 31067 recorded and filed in the Minutes of the Commissioners' Court of Kerr County, Texas. , SIO ~ -r ~M~s NF9s V~~OC Janne Piepe ~ _ ~o County Clerk e ~ Kerr County, Texas ~~~ ~~~ COa~~~~~•~`P Date: October-` 27, 2008 VNTY,~~ rCP~ E OF 5 ,.1 ~~ l ~ ~~~ ~ f ~/ c°~n~, 4+`~g` THE COUNTY COURT COUNTY JUDGE PAT TnvLEY COMMISSIONERS COURT H.A. KBUSTER» BALDWIN, PCT. I WILLIAM H. WILL1AMS, PCT. 2 JONATHAN LETZ, PCT. 3 BRUCE OEHLER~ PCT. 4 OF KERB COUNTY, TEXAS 700 Main, Kemillc, Texas 78028 Tel: (830) 792-2211 Fax:(830)?92-2218 E-mail: commissioners@eo.kerr.tx.us CLERK JANNETT PIEPER COURT COORDINATOR .TODY GRINSTEAD October 3, 2008 Center Point Volunteer Fire Department c/o Mr. David Sullivan P.O. Box 494 Center Point, TX 78010 Dear Mr. Sullivan: Enclosed 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 note the language in item number seven (7) of the contract in regards to Workers Compensation. 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 enclosed contract. Any time there is a change in membership, an updated list needs to be provided immediately to the County's Human Resource Department. Please also note in item number seven (7) that in the event a VFD member is inured 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. Sincerely, • l Jody rips ad Commissioners' Court Coordinator vnrlncnrvc -__ CPU~~ AUT4M4BILE Liability Limits Coverage Bodily Injury & Property Damage Non-Owned Vehicles Injury to VolunteerslFellow Member Liability Members As insureds Personal Injury Protection UninsuredJUnderinsured Motorists Coverage Automobile Liability Extensions Limits $ 1,000,000 Included Included Included $ z,sao $ 1,000,000 Volunteers/Employees are covered as Additional Insureds while they are acting on behalf of your organization. Use of Personal Vehicles -Protects the individual volunteer/employee for liability arising out of the use of his/her personal vehicle on behalf of your organization. This coverage is excess over the individual's personal automobile insurance. Non-Owned Vehicles -Liability coverage is provided on an excess basis for any vehicles hired, borrowed or otherwise used on your benefit. Temporary Substitute Vehicle -Liability coverage is provided on a primary basis when a replacement vehicle is loaned to you while a covered vehicle is temporarily out of service. Commandeered Vehicles- Liability coverage is provided on a primary basis for commandeered vehicles. Injury to Volunteers- Liability coverage for your organization if a member brings a claim for injuries arising out of the use of a covered vehicle. Fellow Member Liability- Liability coverage is provided to protect your members for bodily injury to another member arising out of the use of a covered vehicle. Garage Liability- Provides liability for autos used in connection with your organization's garage operations. \ote: Handling of patients (loading and unloadeng) is covered under the VFIS General Liability. ...DISCLAIMER -This form is for illustration purposes only. Please read your policy for specific details including terms, conditions and exclusions. CPu€~ GENERAL LIABILITY Liability Caveraee Limits General Aggregate Limit $ 3,000,000 Products/Completed Operations Aggregate Limit $ 3,000,000 Personal Injury and Advertising Injury Limit $ 1,000,000 Bodily Injury & Property Damage Each Occurrence Limit $ 1,000,000 Fire Damage Limit $ 1,000,000 Medical Expense Limit (Any One Person) $ 5,000 Provides coverage for those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage. Bodily injury or property damage must be caused by an occurrence that takes place in the coverage territory and occur during the policy period. DISCLAIMER -This form is for illustration purposes only, Please read your policy for specific details including terms, conditions and exclusions.