ORDER NO. 30245
HUNT VOLUNTEER FIRE DEPARTMENT CONTRACT
Came to be heard this the 23rd day of April, 2007, with a motion made by
Commissioner Oehler, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Approve the Contract with the Hunt Volunteer Fire Department, and authorize
County Judge to sign same.
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(~ ~ COMMISSIONERS' COURT AGENDA REQUEST
"~ PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REOUEST AND
DOCUMENTS TO
BE REVIEWED BY THE COURT.
MADE BY: -Pat Tinley _ OFFICE: -County Judg
MEETING DATE: Apri123, 2007 TIME PREFERRED:
SUBJECT: (please be specific) Consider, discuss and take appropriate action to approve
the contract with Hunt Volunteer Fire Department and allow the County Judge to sign
same. (County Judge)
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON):
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
-Judge Tinley
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:
5:00 P.M. on the Tuesday prior to the meeting.
THIS REQUEST RECEIVED BY:
REQUEST RECEIVED ON:
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, Court Order No. 25722.
HUNT FIKE DEPARTMENT	EMERGENCY
	9-I-1
PO Box 362	
Hunt, TX 78024	BUS. OFFICE
	2364371
11 Apri12007
Hon. Pat Tinley, County Judge
Kerr County Courthouse
700 Main St.
Kerrville, TX 78028
Deaz Judge Tinley;
The Hunt Volunteer Fire Department (HVFD) is pleased to return the proposed
contract between HVFD and Kerr County for the period 1 October 2006 through 30
September 2007 subject to the following revisions:
1) This department maintains our own Workers Compensation coverage as an
integral part of our total insurance package. Doing so provides HVFD a discount
on the cost of our total insurance coverage, which is the lazgest single annual
expense incurred by this department. Therefore, as this department has done since
1997, HVFD respectfully declines the county-provided Workers Compensation
coverage referenced in item 3 of the proposed contract.
2) As in past years and as reflected in past years contracts, HVFD shall submit only
bills, invoices, or statements that have been fully paid to Kerr County for
reimbursement. As the HVFD has done in the past, all requests for reimbursement
shall be accompanied by the required documentation including a copy of the
cancelled check(s) that were submitted for payment of the respective bill(s),
invoice(s) or statement(s) and thus fully comply with audit requirements as
explained by the Kerr County Auditor. Accordingly, Item #5 of the proposed ...-
contract has been revised to include the submission of "paid bills, receipts and
invoices".
Therefore, HVFD returns a signed copy of the proposed contract, with revisions
annotated and accepts the terms of the contract as revised on this date. As always HVFD
shall be happy to provide any further information you might require in this regard and
wishes to express our sincere thanks for this contract (as revised) and the opportunity to
serve the citizens of Ken County.
Mo e
irk .Griffin
President, HVFD
#30245
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 74-2207314), 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, 2006 and ending on
September 30, 2007 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 $13,000.00 during
the term of this contract.
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The HlfF6 agrees-te-previde-to-th ,
f+reftghters wlaeare-eligible-fer sue7~~e
ete-
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 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.
7. 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.
S. 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.
9. 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.
10. 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.
11. 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.
12. 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. Irn 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.
13. 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.
14. 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.
15. Effective Date. This agreement is effective on October 1, 2006 or upon execution by both
parties and certification by the Kerr County Clerk, whichever occurs latest.
16. 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 a'-1 r'K_! 1-- , 2007.
esidenUChairman tGe~c !_~ 7K-~~=~~+~
HUNT VOLUNTEER FIRE DEPARTMENT
Date: ~ ~ !'T~~~r-- ~7
VOLUNTEER FIRE DEPARTMENT:
HUNT VOLUNTEER FIRE DEPARTMENT
P.O. Box 362
Hunt Texas 78024
CLERK'S CERTIFICATION
eat ~~
Kerr County Judge
Date: Z-3 2-~'D'f
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
anril z3 , 2007, in Order No. 30245 recorded and filed in `deldme
---~ Rafe ~€the Minutes of the Commissioners' Court of Kerr County, Texas.
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J~nnett Pieper '
County Clerk
Kerr County, Texas
Date: ~~~ 3~U7
HUNT FIRE DEPARTMENT	EMERGENCY
	9-1-1
PO Box 362	
Hunt, TX 78024	BUS. OFFICE
	238-4371
July 31, 2007
Jannett Pieper, County Clerk Kerr County
700 Main St., Room 122
Kerrville, TX 78028
Dear Ms. Pieper:
This letter is provided so you can update your records for HVFD addresses, etc.
In a recent mailing of Regulatory Road Changes, I show you mailed it to the
HVFD at P. O. Box 696. Since this is the address of our past president, I thought
I'd provide you with the correct and updated mailing addresses.
HVFD - P. O. Box 362, Hunt, TX 78024
All official mail should be sent to the above address.
Our new Board of Directors is:
Kirk Griffin, President
Brooks Booker, Vice President
Danny Feller, Fire Chief
Fred Moseley, Treasurer
Larry Heppler, Secretary
Carl Hintze III, Advisor
Peter Ritch, Advisor
Thank you for your attention to this matter,
~~
arty He pier
Secretary
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