ORDER NO.29514
DISCUSS 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 KERR COUNTY
Came to be heard this the 27th day of December, 2005, with a motion made
by Commissioner Letz, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Approve Field Agreement submitted with the increased funding of $400 per
month, as submitted, and authorize County Judge to sign same.
l.~~
a 9siv
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Jonathan Letz
MEETING DATE: December 27, 2005
OFFICE: Commissioner, Pct. 3
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action on the Field Agreement
between U.S. Department of Agriculture, Anirnal and Plant Health Inspection Service,
Wildlife Services and Texas Wildlife Damage Management Service and Texas Wildlife
Damage Management Association, Inc. and Ken County, and funding for same.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Commissioner, Pct. 3
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 earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
12;'13; 26~F. 11: t19 ,33D25'751G W=~ KEk'P,VILLE °A'3E N"<
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unitdatat.. April 1, 200
n4partae4M a
Aprloultun
Kerr County
Caunry Courthouse Room 113
Ma~ketlnq and Kerrville, TX 7R028
tiegulatory
ProprpinB Atm: The Honorable Pat'1'inley
Myna! and Dear Judge Tinlty.
PIpM Fkalth
tnspsotbn Before your budget deliberatiotts begin for ebxt year, I would like to give you ample
$°n/QB notification of the assessment rate increase for the services of a Wildlife Damage lv3anagemtnt
Technician. Eff®etive Ianuary• 2006, the new asstssment will Ue $2,200 per month. Wt have
~aiKe f»en abdt to sustain quality wiidlift damage management services for the past seven years
g`ry'~` without Navin to increase our current assessment of $1,80D
g per month. This rate increase
represents only a 3% increase per year.
PA. Box 100410
son Antonio. tx The determination of the assessment rate is based on•.
razot•trto
(21 61 4 72-5451 • The funds necessary to support a technician
^ The number ofteehnicians in the state, and
^ Tht amount of available federal and start appropriations to partially support these
positions.
As you may lutow, our state appropriations for the current binnnium were reduced by $ J .2
million and we ate still working through this bss of funding. 'This loss, along with increased
operating costs mandates the need for the assessment irterease, which nspeciaily under the
circumstances, is certainly reasonable.
In some situations a county and association(s) may share the monthly assessment costs, In
these casns your county and/or associatiou is invoiced monthly for the appropriate amount and
chocks aro made payabte to and deposited 'art the Texas Wildlife Damage Management Fund
(TWDMF). The TWDIviF dots have electronic fund iransfer capabilities for those who are
interested.
We appreciate your support of the services provided by the cooperative Texas Wildlife
Services Program for your county and/or associatiou. Please contact the Wildlife Services
District Supervisor for your area in regards to your upcoming budget hearing relating to the
continual funding of this valuab(t; service. The District Supervisor wiJ! be glad to discuss
progratu efforts and benefits to your county and/or association and answer any other questions.
Thank you again for yotu caoperatian in the Texas Wildlife Services Program.
Sincerely,
Gary Lee Nunley
State Director
cc: DS Robert Sims
(~r~ AmPnan Apnw4un
`_r MFYIa ba+Pp~ncy dJSDA'ilNncetlnp arW 0.v~~AxWry Propnma
•~~^~ An Equtl Opeortunay Prov4der PM rmpMyar
TF~S
(8/98) Agreement No.
FIELD AGREEMENT
Among
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
KERR COUNTY
Crwperator
In accordance with the terms of the Memorandtun of Understanding between the Urtited States Departrnent of Agriculture, Animal and
Plant Health Inspection Service, Wildlife Services; The Texas ABcM University System, Texas Agricultural Extension Service, Texas
Wildlife Datmege Martagerrent Service; and the Texas Wildlife Damage Management Association, Tnc. (wllectively lmown ae the Texas
Wildlife Damage Matwgemertt Progarn [TWDMP]) a copy of which is on file at the Slate Office, San Antonio, Texas, this field ageement
is intended to augment the wildlife damage management program in Texas.
THEREFORE, It Is Mutually Ageed 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 Agiiculture, Animal and Plant Health Inspection Service, Wildlife Services. A local
representative of the
TWDMP will frequently consult with the Cooperator relative to the extent 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 [o the Texas Wildlife Damage Management Fund for the employment of personnel, binge
benefits, artd payment of tmvEl expenses necessary to conduct official duties. The T WUMP will contribute to the salary, travel
costs, and all other necessary expenses to carry out an effective wildlife damage management program.
3. The State Director of the TWDMP or designated otcial will certify as to the accuracy of all claims to be paid by any party to
thrs agreement and shall perform such other administrative fractions as are agreed upon from time to time; provided, that no
funds of the Cooperator will be transferred to any such employee working under the terms of this ageement.
4. Authority exists under the Animal Damage Control Act of March 2, 1931, (7 U.S.C. 426-4260, as amended) and the Rural
Developmett;Agriculture, and Related Agencies Appropriations Acf 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 T WDMP will hold the Cooperator harmless fiom any liability arising from the negligent act or omission of an officer of a
managing cooperative entity or employee acting within the scope ofhis/her employment to the extent compensation is available
pursuant to the Federal Tort Claims Act (FTCA), 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
pursuant to the procedures set forth in the FTCA and applicable regulations.
6. Dus 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 ageed that any
monies allocated for the purpose of this agreement shall be expended in accordance with its terms and in the manner prescribed
by the fiscal regulations and/or administrative policies of the appropriate managing cooperative entity that is making the 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. I[ may be amended by mutual agreement by executing a corresponding field agreement. This agreement
may be terminated by either party upon thirty (30) days written notice.
NOW, THEREFORE Pursuant To Section 2 Above It Is Mutually Agreed That:
1. The TWDIvIP shall fwnish supervision of t]te project and shall provide equipment and other supplies required th the operation
of the project.
2. The shall pay the Texas Wildlife Damage Management Frad for wildlife damage management services in the amount
of$Z~OO~or00 yer WDMT uer Month or $26.400 00 R~ygarfortheperiod:
January 01,2006 to termination to be spent primarily for theputposes
outlined herein:
County has one WDMT
The Cooperator further agrees 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 thvty (30) days after receipt of this invoice will, at the option of the T WDMP, terminate the agrcement at the end of the period.
INWlT7VESS A'fIF12FAF, the duly authorized officers of the parties hereto have executed this agreement on the dates opposite their respective signatures,
ay
Cooperator
By
District Supervisor
By
State Director
STATE OFFICE
Tea
<tuvs) ngreenKnt
FIELD AGREEMENT
Among
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
KERR COUNTY
coopx.rer
Tn accordance with the teens of the Memorandum of Understanding between the United States Department of Agriculture, Animal and
Plant Health Inspection Service, Wildlife Services; TheTexas A&M University System, Texas Agricultural Extension Service, Texas
Wildlife Damage Managemart Service; and the Texas Wildlife Damage Management Association, Ina (collectively known as the Texas
Wildlife Damage Marragernetrt Program [1'WDMP]) a txrpy of which is on file at the State Office, San Antonio, 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 dvect supervision of the
U.S. Department of Apiculture, Animal and Plant Health Inspection Service, Wildlife Services. A local representative of the
TWDMP will frequently wnsult with the Cooperator relative to the extent 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 fords to the Texas Wildlife Damage Management Fund for the employment of personnel, tinge
benefits, and payment of travel expenses necessary to conduct official duties. The TWDMP will contribute to the salary, travel
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 pally to
this apeement and shall perform such other administrative functions as are agreed upon from tune to time; provided, that no
funds of the Cooperator will be transferred to any such employee working under the terms of this apeement.
4. Authority exists under the Animal Damage Control Act of March 2, 1931, (7 U.S.C. 426-426c, as amended) and the Rural
Development, Agriculture, 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 T WDMP will hold the Cooperator harmless 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 compensation is available
pursuant to the Federal ToR Claims Act (FTCA), 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
pursuant to the procedures set forth in the FTCA and applicable regulations.
6. Furs 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 apeement anal any continuation thereof shall be contingent upon availability of funds. It is understood and speed that any
monies allocated for the purpose of this apeement shall be expended in accordance with its terms and trr the manner prescribed
by the 5scal regulations and/or admuristrative policies of the appropriate managing cooperative entity that is making the funds
available.
8. This apeemen[ shall continue m force and effect until superseded or terminated. Terms and service fees may be reviewed and
revised periodically. It may be amended by mutual apeement by executing a corresponding field apeement. This apeement
maybe terminated by either pally upon thirty (30) days written notice.
NOW, THEREFORE, Pursuant To Section 2 Above I[ Is Mutually Agreed That:
1. The T WDMP shall famish supervision of t}re project and shall provide equipment and other supplies required in the operation
of the project.
2. The Co~~erator shall pay the Texas Wildlife Damage Maoagenumt Fund for wildlife damage management services in the amount
ofS ZlUO.00 _per WDMT ner Month or $26.400.00 per yearfortheperiod:
January 01,2006 to termination to be spentprunarilyforthepurposes
outlined herein:
County has one WDMT
The Cooperator further epees to make this payment to the Texas Wildlife Damage Management Fund promptly upon receipt of a ER$ C~
for services provided. The TWDMP will provide a report of [he wildlife damage management activities. Failure of the Coo a hie k G
contribution within thirty (30) days after receipt of this invoice will, at the option of the TWDMP, terminate the agreement at th tC) he pe
LV WH7JECS WHEREOF, the duly authorized officers of the parties hereto have executed [his agree the dates opposite their p~
Becrin,SE~ a-r aoo5 ~'
~r s
. for /~
sy x'99 COUN'~
sy
State Director
STATE OFFICE