ORDER N0.28239
HUNT VOLUNTEER FIRE DEPARTMENT
On this the 25th day of August, 2003 upon motion made by Commissioner Nicholson
Seconded by Commissioner Letz, the Court unanimously approved by a vote
of 4-0-0, to approve the contract between Kerr County and the Hunt Volunteer Fire
Department and authorize the County Judge to sign it.
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KERR COUNTY VOLUNTEER FIRE DEPARTMENT CONTRACT
WHEREAS, KERR COUNTY, TEXAS, hereinafter "Kerr County,° a political 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 VOLUNT~ DEPARTMENT, hereinafter "the HVFD,° an incorporated
volunteer fire department (IRS EIN 74 ,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:
1. Term. The term of this contract is one year beginning on October 1, 2002 and ending on September 30,
2003 unless earlier terminated in accordance with the provisions below.
2. Services Provided. The HVFD shall provide fire protection services in 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 $11,000.00 during the term of
this contract. In addition Kerr County shall provide Workers Compensation coverage to the HVFD
volunteer firefighters while performing fire protection duties under this contract. The HVFD agrees to
provide to the Kerr County Treasurer, in writing, a list of all HVFD volunteer firefighters who are eligible for
such Workers Compensation coverage and to 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 prepayment to the HVFD. Paid invoices 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 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 HVFD shall provide a
copy of the insurance coverage documents 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.
7. Financial Reports. Not later than sixty (60) days after the end of the term of this contract the HVFD shall
submit to the Kerr County Auditor a summary report of all expenditures of Kerr County funds during the
term of this contract. (Note: This report will not substitute for or replace other reports, if any, which may
be required of the HVFD by federal or state law.)
8. Audits. At anytime during the term of this contract the HVFD may request from the Kerr County
Commissioners Court an audit of its financial condition. If approved by the Commissioners Court, the
audit will be conducted by the County Auditor. If deemed necessary by the Commissioners Court, the
HVFD shall make the necessary records available to the County Auditor for an audit of expenditures of
county funds under this contract.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. Limits of Relationshia. The parties hereby agree that this is a contract for providing fire protection
services in the HVFD PFRA 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.
15. 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.
16. 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.
17. Effective Date. This agreement is effective on October 1, 2002 or upon execution by both parties and
certification by the Kerr County Clerk, whichever occurs latest.
18. 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 vLvsr , 2003.
President/ hairman
HUNT VOLUNTEER FIRE DEPARTMENT
Date: 1 ~ 03
_~~r
Kerr County Judge
Date: z.~' ~3
VOLUNTEER FIRE DEPARTMENT:
HUNT VOLUNTEER FIRE DEPARTMENT
P.O. BOX 362
HUNT, TEXAS 78024
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
pproved, accepted and agreed to by the Commissioners Court of Kerr County, Texas on
2003, in Order No.~a'~ ~ ~ ,Page _
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~~gS~©NERS cQ J nett Pieper
County Clerk
®~ Goa Kerr County, Texas
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HUNT FIRE DEPARTMENT EMERGE'~TCY
PO Box 362 9I I
Hunt. TX 78024 BUS. OFFICE
4 August 2003
To: In Turn
Precinct #4 Commissioner Nickelson
County Judge Tinley
Honored Gentlemen of the Court;
In view of the recent decision of the Kerr County Commissioners Court to revise the
FY 2003 Kerr County contract with the VFDs, the Hunt Volunteer Fire Department
(HVFD) herewith submits two signed copies of the contract for the period 1 October
2002 thru 30 September 2003. Kindly note HVFD submits the following exceptions in
relation to the terms stated in the draft contract presented to this department for signature:
Paragraph 2. HVFD shall continue to provide mutual aid assistance, upon request, as
required by Texas statutes and the requirements of the Texas Forest Service.
Paragraph 3. HVFD declines county-provided Workers Compensation coverage and shall
maintain its own Workers Compensation coverage as an integral part of the overall
HVFD insurance program.
Kindly return a signed copy of this document to HVFD for record keeping purposes.
Most respectfully
Carl Hintze III
President, HVFD
1 Atch: Contract FY 2002-03
HUNT FIRE DEPARTMENT E?~4ERGENCY
PO Box 362 91 1
Hunt. TX 78024 BUS. OFFICE
4 August 2003
To: In Turn V V
Precinct #4 Commissioner Nic so
County Judge Tinley
Honored Gentlemen of the Court;
In view of the recent decision of the Kerr County Commissioners Court to revise the
FY 2003 Kerr County contract with the VFDs, the Hunt Volunteer Fire Department
(HVFD) herewith submits two signed copies of the contract for the period 1 October
2002 thru 30 September 2003. Kindly note HVFD submits the following exceptions in
relation to the terms stated in the draft contract presented to this department for signature:
Paragraph 2. HVFD shall continue to provide mutual aid assistance, upon request, as
required by Texas statutes and the requirements of the Texas Forest Service.
Paragraph 3. HVFD declines county-provided Workers Compensation coverage and shall
maintain its own Workers Compensation coverage as an integral part of the overall
HVFD insurance program.
Kindly return a signed copy of this document to HVFD for record keeping purposes.
Most respectfully
Carl Hintze III
President, HVFD
1 Atch: Contract FY 2002-03
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