~a~abSl. - d I , ~ D COMMISSIONERS' COURT AGENDA REOUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS MADE BY: Pat Tinley OFFICE: County Judge MEETING DATE: December 12, 2005 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action on the Field Agreement between U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services and Texas Wildlife Damage Management Service and Texas Wildlife Damage Management Association, Inc. and Ken County. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: County Judge 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 REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed 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 eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Texas Cooperative ~-EXTENSION The Texas A&M University System Street Address 409 Mill Run, Suite 1 Kerrville, TX 78028-2162 Kerr County Judge County Courthouse Room 113 Kerrville, TX 78028 November 17. 2005 Wildlife Services -Kerrville District Office Telephone: (830) 896-6535 Fax: (830)257-7818 Mailing Address P.O. Box 2162 Kerrville, TX 78029-2162 Due to the rate increase for the services of a Wildlife Damage Management Technician effective January, 2006, a new field agreement must be processed and on file in order to prevent any lapse in service. Please sign the enclosed agreement and return it to the Kerrville District Office in the postage paid envelope provided as soon as possible so that we will have adequate time to complete the paperwork before the holidays arrive. You will receive a copy of the new agreement for your files as soon as all signatures are in place. We thank you for your continued support of the Texas Wildlife Service Program and look forward to providing services to your cooperators in the years to come. Sincerely, ^ ~ ~ ~,(~~ ,~ S~J~"" ° -" ~"~ ~ Jude Sandoval Assistant District Supervisor ,~~~u, wt~ ~ ~~~.s Agriculture and Natural Resources ~ Family and Consumer Sciences ~ 4-H and Youth Development ~ Community Development Extension Programs serve people of al] ages regardless of socioeconomic level, race, color, sex, religion, disability, or national origin. Wildlife Services is a program of Texas Cooperative Extension cooperating with the United States Department of Agriculture Anima] and Plant Health Inspection Service Wildlife Services A member of the Texas A&M University System and its statewide Agriculture Program TFa (aNa) Agreement No. FIELD AGREEMENT Among U. S. Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services end Texas Wildlife Damage Management Service and Texas Wildlife Damage Management Association, Inc. and KERR COUNTY Cooperator Irt accordance with the terms of the Memorandum of Understanding between the United States Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services; The Texas A&M University System, Texas Agricultural Extension Service, Texas Wildlife Damage Manegetttertt Service; and the Texas Wildlife Damage Management Association, Ino. (collectively known as the Texas Wildlife Damage Martagerceut Propam (TWDMP]) a cePy of which is on file at the State Office, San futtoniq Texas, this field agreement is intended to augment the wildlife damage management program in Texas. THEREFORE, It Is Mutually Agreed That 1. The wildlife damage management program conducted under the terms of this agreement shall be under direct supervision of the U.S. Department of Agriculture, Animal and Plant Health hrspection Service, Wildlife Services. A local representative of the TWDMP will frequently consult with the Cooperator relative to the extettt of the TWDMP's participation in the plans and procedures that are necessary to best serve the interest of the parties hereto. 2. The Cooperator will provide funds to the Texas Wildlife Damage Management Fund for the employment ofpersonnel, fringe benefits, and payment oftravel expenses necessary to conduct otlicial duties. The TWDMP will wntribute to the salary, trevel costs, and all other necessary expenses to carry out an effective wildlife damage management program. 3. The State Director of the TWDMP or designated official will certify as to the accuracy of all claims to be paid by any patsy to this agreement and shall perform such other administrative functions as are agreed upon from time to time; provided, that no funds of the Cooperator will be transfered to any such employee working order the terms of this agreement. 4. Authority exists under the Animal Damage Control Act of March 2, ] 931, (7 U.S.C. 426-426q as amended) end the Rural Development, Apiculture, and Related Agencies Appropriations Act of 1988 (P.L. 100-202) for Wildlife Services to cooperate with states, individuals, public and private agencies, organizations, and institutions in the control of nuisance animals injurious to agriculture, horticulture, forestry, animal husbandry, wildlife, and public health and safety. 5. The TWDMP will hold the Cooperator hamdess from any liability arising from the negligent act or omission of an officer of a managing cooperative entity or employee acting within the scope of his/her employment to the extent compemsation is available ptusuant Io the Federal Tort Claims Act (FICA), 28 USC 2671 et. seq., except to the extent that aforesaid liability arises from the negligent acts or omissions of the Cooperator, their employees, agents, or subcontractor(s). Such relief shall be provided pwsuant to the procedures set forth in the FICA and applicable regulations. 6. FYtrs or other parts of monetary value taken from wild animals will be handled in accordance with the provision of Article 3 f. of the Memorandum of Understanding. 7. This agreement and any continuation thereof shall be contingent upon availability of funds. It is understood and agreed that any monies allocated for the purpose of this apeement shall be expended in accordance with its [erns and in the manner prescribed by the fiscal regulations andlor administrative policies of the appropriate managing cooperative entity that is making [he funds available. 8. This agreement shall continue in force and effect until superseded or terminated. Terms and service fees may be reviewed and revised periodically. It may be amended by mutual agreement by executing a corresponding field agreement This agreement may be terminated by either party upon thinly (30) days written notice. NOW; THEREFORE, Pursuant To Section 2 Above I[ Is Mutually A ed That: I. The TWDMP shall famish supervision of t]te project and shall provide equipment and other supplies required in the operation of the project. 2. The Coo~o~~era~torr shall pay the Texas Wildlife Damage Management Fund for wildlife damage management services in the amount of$2'LU0.00 per WDMT ner Month or $26 400 00 p v arfortheperiod: January 01,2006 ~ termination tobespent primarily for the purposes outlined herein: County has one WDMT The Cooperator furdtcragrees to make this payment to the Texas Wildlife Damage Management Fund promptly upon receipt of a monthly invoice for services provided. The TWDMP will provide a report of the wildlife damage management activities. Failure of the Cooperator to make this contribution within thirty {30) days after receipt of this invoice will, at [he option of the TWDMP, terminate the agreement at the end of the period. INW/7M:SS WHEREOF, the duly authorized of5cers of the parties hereto have executed this agreement on the dates opposite their respective signatures. By Cooperator By District supervisor By State Director STATE OFFICE ' 100410 P.0• g0X?X 78201-1710 SAN ANTONIO, OP FOR SE, $300 PENALTY S REPLY Mpll. ' S 4377 WASFIINGTON• OC B~~'~~ PEF