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HomeMy WebLinkAbout1998 S Soil & Water - DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 04-07-1998-9a• ~ - ~ DENR CONTRACT NO. B8016 Agreement No. A-4532- ~~`/ ' ~ 9~~ Page 1 of 6 pages ~~~ JOINT AGREEMENT By and Between ORANGE COUNTY SOIL AND WATER CONSERVATION DISTRICT State of North Carolina And The DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF SOIL AND WATER CONSERVATION State of North Carolina And The NATURAL RESOURCES CONSERVATION SERVICE United States Department of Agriculture This agreement is made on this 7th day of A ril, 1998 by and between the Orange County Soil and Water Conservation District, hereinafter called the District; the Department of Environment and Natural Resources, Division of Soil and Water Conservation of the State of North Carolina, hereinafter called the Division; and the Natural Resources Conservation Service of the United States Department of Agriculture, hereinafter called NRCS. Purpose• The District, Division and NRCS recognize the need to provide accelerated technical assistance to local citizens and land users in natural resource conservation planning, and application for resource systems to comply with state rules and regulations in the Neuse River Basin. Accelerated technical assistance is desirable for natural resources conservation planning, systems design and installation to achieve a 30o reduction in nitrogen delivered to the Neuse River, as described in the N.C. Neuse River Basin Nutrient Sensitive Waters Management Strategy. The District, Division and NRCS are cooperating in the conservation planning and development of resource systems. The District is willing to provide the resources needed for the planning and development. The Division and NRCS are willing to reimburse the District for the costs associated with said natural resource conservation planning and development. Agreement No. A-4532- Page 2 of 6 pages I. The District agrees to: A. Advertise for a position, interview candidates, and select the best qualified candidate that is mutually acceptable to the District, Division, and NRCS. B. Allow the Neuse position employee to work where the Division's Neuse Basin Coordinator assigns him/her, with the advice and consent of the District Supervisor, to achieve the greatest benefit within the basin, with first priority being in the District and second priority in a nearby District. C. Provide facilities, management and coordination for District personnel to meet needs for plans and designs associated with the Neuse River Basin Nutrient Management Strategy. D. Provide necessary equipment, supplies, transportation, travel expenses, salaries and related expenses for District personnel. E. Submit quarterly billings to the Division and NRCS for reimbursement of actual expenses of carrying out their responsibilities as outlined in this agreement. Billings will be submitted to the Division on Form NC- ACSP7, NC Agriculture Cost Share Program, and to NRCS on Form SF-270, Request for Advance or Reimbursement. Each billing will be supported by itemized statements. F. Comply with the Special Provisions, Attachment A, which are hereby attached and made a part hereof. II. The Division agrees to: A. Provide Division personnel to coordinate activities with the District personnel. B. Pay all salaries and other related expenses of Division personnel. C. Administer the Neuse Basin technical assistance program by overseeing the Neuse position employee, subject to this agreement in the areas of targeting, planning, implementing, and tracking of nutrient reduction conservation practices. Agreement No. A-4532- Page 3 of 6 pages D. Reimburse the District a portion of actual expenses incurred, not to exceed 522,358 for the period beginning with the effective date of this agreement through June 30, 1998, to help defray District expenses in performing the items of work described in Section I. III. NRCS agrees to: A. Provide NRCS personnel to coordinate activities with the District personnel. B. Pay all salaries and other related expenses of NRCS personnel. C. Provide technical oversight to ensure that conservation practices are designed and installed in accordance with NRCS standards, and provide training to the Neuse position employee hired under this agreement so that the employee achieves and maintains an appropriate level of technical expertise. D. Reimburse the District a portion of the actual expenses incurred, not to exceed 521,108 for the period beginning with the effective date of this agreement through June 30, 1998, to help defray District expenses in performing the items of work described in Section I. The amount of NRCS contribution includes the amount applied as in-kind credit as referenced in Section IV.B. The value of the in-kind contributions is estimated to be 1 250, for a total commitment of X22,358. IV. It is mutually agreed: A. This agreement will remain in effect until September 30, 2003. This agreement may be amended and/or revised at any time by written amendment as agreed to by the parties hereto. B. In-kind credit will be applied to the NRCS costs referenced in Section III.D. Credit will be allowed for NRCS contributions of office space, vehicle use, and supplies. Agreement No. A-4532- Page 4 of 6 pages C. The Division intends to fulfill its obligations stated in this agreement. The Division cannot make commitments in excess of appropriated funds authorized by law and administratively made available. If the Division cannot fulfill the obligations because of appropriations, this agreement will automatically terminate. D. Either party may terminate this agreement at any time by giving at least 30 days written notice to the other party. E. No member or delegate to Congress, or resident commissioner, and no officer, agent or employee of the Government shall be admitted to any share or part of this agreement, or to any benefit arising from it. However, this clause does not apply to this agreement to the extent that this agreement is made with a corporation for the corporation's general benefit. F. The program or activities conducted under this agreement will be in compliance with the nondiscrimination provisions contained in Titles VI and VII of the Civil Rights Act Of 1964, as amended; the Civil Rights Restoration Act of 1987 (Public Law 100-259); and other nondiscrimination statutes: namely, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, and the Age Discrimination Act of 1975. They will also be in accordance with regulations of the Secretary of Agriculture (7 CFR-15, Subparts A & B), which provide that no person in the United States shall on the grounds of race, color, national origin, age, sex, religion, marital status, or handicap be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal financial assistance from the Department of Agriculture or any agency thereof. ORANGE COUNTY By. Title Date: Agreement No. A-4532- Page 5 of 6 pages ORANGE COUNTY SOIL AND WATER CONSERVATION DISTRICT By: Title: Chairman Date: 7/27/98 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES D;F2ECTOR Tit 1 e : ~'!~. t?F F~RCi{ASE AtV~~ StR1J~ ~;ES Date : ~ - 1 "1 -c-~ STATE OF NORTH CAROLINA DIVISION OF SOIL AND WATER CONSERVATION By: Titl Date Agreement No. A-4532- Page 6 of 6 pages UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE By : -(-- T i t l e. ~ I.e_ ,~ ~-y~ Date : z~ ~~ g Authority: Conservation Operations, PL 74-46; 16 U.S.C. 590 a-f 15A NCAC 6E Agriculture Cost Share Program for Nonpoint Pollution Control NCGS 139-8, Soil Conservation Districts Law f:pers\soilcons.doc