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HomeMy WebLinkAbout2000 S Soil & Water - Soil and Water Conservation Operational Agreement g� OPERATIONAL AGREEMENT Between the UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE and DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES - DIVISION OF SOIL AND WATER CONSERVATION and THE ORANGE SOIL AND WATER CONSERVATION DISTRICT and THE COUNTY OF ORANGE, NORTH CAROLINA For their Cooperation in the Conservation of Natural Resources BACKGROUND STATEMENT AND PURPOSE THIS AGREEMENT is between the Natural Resources Conservation Service(MRCS),an agency of the United States Department of Agriculture(USDA),the DEHNR-Division of Soil and Water Conservation(DSWC)an agency of the State of North Carolina,the Orange Soil and Water Conservation District, and The County of Orange collectively referred to as the parties,to clearly define the roles and responsibilities of the parties. The purpose of this agreement is to supplement the Cooperative Working Agreement between the USDA-Natural Resources Conservation Service,North Carolina Department of Environment,Health and Natural Resources, North Carolina Soil and Water Conservation Commission,and Orange Soil and Water Conservation District. This operational agreement documents those areas of common interest of the federal, state and local partnership in natural resources conservation. The parties mutually agree to provide leadership in natural resources conservation. The parties pledge to work together by advancing and practicing teamwork, including input in the decision making process;communicating, coordinating,and cooperating;promoting mutual respect,and sharing leadership,ownership,credit and responsibility. AUTHORITIES,STATUTES,LAWS NRCS is authorized to cooperate and furnish assistance to the parties in the conservation of natural resources as referenced in the Soil Conservation and Domestic Allotment Act, 16 U.S.C. 590;The Department of Agriculture Reorganization Act of 1994,Public Law 103-354;and Secretary's Memorandum No. 1010-1,Reorganization of the Department of Agriculture, dated October 20, 1994. DSWC is authorized to enter into this agreement by North Carolina General Statutes §139-4 and§14313-294 - §143B-297. The District authority is defined in Soil Conservation Districts Law, General Statutes of North Carolina§139-1 - §139-47. 1 The county is authorized to enter into this agreement by North Carolina General Statute§153A-11 and§160A-461 -§160A-464. ROLES AND RESPONSIBILITIES: CONSERVATION PROGRAM IMPLEMENTATION The parties recognize the natural resources conservation program as a unique blend of voluntary conservation initiatives and federal,state,and local mandates. Together these address a variety of natural resource, environmental, and educational issues. The parties agree to jointly commit their program authorities and financial and human resources to cooperatively implement a unified natural resources conservation program in areas of mutual concern. The implementation of all programs will be done in accordance with program policy and procedure developed for that specific program. Inventories and Data Sharing: The parties agree to identify,define, and coordinate the collection and use of natural resource and other data needed to support the delivery of program benefits. The parties will cooperate in maintaining data to assure that it supports the mutual needs of the parties for resource planning and evaluation. The parties further agree that gathered data will be mutually shared and used in support of conservation program implementation. The parties will coordinate with public and private resource groups,other resource agencies,and interested parties to share information and resources as needed to facilitate implementation of the conservation program. Setting Program Priorities: The parties agree to implement the conservation program based on mutually developed priorities while recognizing individual responsibilities for federal, state,or local mandates. The parties further agree to annually re-evaluate established priorities and adjust as warranted. SWCD supervisors have responsibility to organize local work groups to assess resource conditions and establish local priorities. Programs to be Implemented: The parties agree to use federal, state,and local programs in a complimentary fashion to address local priorities and concerns. Attachment A includes a list of programs that will be utilized to address priorities and concerns. Marketing: The parties agree to conduct a common effort to inform the public of program opportunities and benefits. TECHNICAL STANDARDS AND JOB APPROVAL AUTHORITY The parties agree to utilize the NRCS Field Office Technical Guide or Soil and Water Conservation Commission adopted standards as the minimum technical standards for conservation program implementation in areas of mutual concern. The parties may utilize more stringent standards when necessary to comply with locally enacted laws or ordinances. The NRCS will be the lead agency in the development, maintenance,and interpretation of the Field Office Technical Guide. The parties agree that their respective employees will provide technical assistance based on assigned conservation practice(job approval)authority which is based on acquired knowledge, skills,and demonstrated ability and within applicable laws,regulations,and guidelines. Conservation practice(job approval)authority will be determined and documented according to NRCS National Engineering Manual,Part 501. 2 PERSONNEL AND FISCAL MANAGEMENT The parties recognize that natural resources conservation programs are delivered through an intergovernmental system, in which federal, state,and local governments work together. The parties will work together to provide staffing and fiscal resources commensurate with workload,priorities, allocated funding,and expertise necessary to deliver a balanced and diversified conservation program. Staffing will be a mix of employees provided by federal, state,county,and district resources. There are certain authorities delegated to specific staff as follows: Department Head The parties jointly agree that the(District Conservationist)will serve as the department head. . The Department Head will represent the District and its employees at county meetings,conferences,and appropriate functions. Personnel Management The management of personnel will be as follows: a) Hiring and dismissal of employees is the responsibility of their respective parties. b) The management of NRCS personnel is the responsibility of NRCS. c) The management of county and/or district employees is the responsibility of the district board of supervisors and/or county manager. In the interest of facilitating these responsibilities the District Conservationist is delegated the authority for: 1) Daily supervision and guidance 2) Leave(absence from duty)coordination and approval up to 7 days 3) Delivery of employee training and development d) The District Conservationist will make recommendations to the district board of supervisors regarding the following in accordance with county government policy: 1) Recruitment and hiring of district employees 2) Employee performance evaluation, including awards, disciplinary actions and separation 3) Leave coordination and approval exceeding 7 days/hours 4) Certification of Time and Attendance reports 5) Determination and approval of training requiring expenditure of district funds 6) For counties with technicians cost shared through the state's Agriculture Cost Share Program, responsibility for documenting 2080 hours for each funded position spent per year on non-point source pollution control issues by office staff. In the event that a district employee feels aggrieved,their recourse is to the district board. County government personnel policy will be followed where appropriate. The parties agree to work cooperatively to resolve employee grievances. Hiring, supervision,development,evaluation and dismissal of employees will be done in accordance with applicable law and specific governmental or agency policy. 3 Fiscal Mana ement The parties will work together to maximize available resources and actively seek funding to accomplish natural resource priorities and programs. Each party is responsible for its own fiscal resources to include equipment,supplies,and accounts. The District Staff will actively assist the district with the following: 1) Development of operating budgets 2) Tracking of expenditures for maintaining funding accountability 3) Making recommendations regarding expenditure of funds and purchases RECORDS,FACILITIES,AND EQUIPMENT The parties will work together to provide office space,vehicles,and equipment within funding limits,operating guidelines,authorities,federal and state laws,and local ordinances. The parties will work cooperatively to share these resources through the use of formal and informal agreements as follows: Office Space—The County of Orange Government Vehicles—Natural Resources Conservation Service Equipment—The County of Orange Government,Orange Soil and Water Conservation District,and NRCS as applicable The parties will agree on the maintenance,update,and disposition of relevant records. Access to records will be governed by the Federal Freedom of Information Act(FOIA)and/or the North Carolina Public Records Law. FEE FOR SERVICES The parties recognize that nonfederal signatories may establish procedures to collect fees,where permissible,for delivery of such services which are not provided through federal financial or technical assistance. ACCOUNTABILITY The parties agree to cooperatively develop and utilize FOCS,and PRMS resource program databases to measure effectiveness in program delivery and customer satisfaction. The District will provide a copy of its Annual Report and Plan of Operations to the other signatories of this agreement by July 3 I st of each year. The District will also provide a copy of their Long Range Plan which,at no time,will be in excess of five years old. SCOPE OF AGREEMENT This agreement covers the basic operating understanding between all parties. Authority to carry out specific projects or activities,transfer of funds,or acquisition of services or property,will be established under separate agreement. The parties agree that contracts,memorandums of understanding,and/or additional agreements may be entered into,as needed,to facilitate the implementation of natural resources conservation programs within the conservation districts. TORT LIABILITY The parties will each assume responsibility for the actions of their officials or employees acting within the scope of their employment to the extent provided by federal and state laws and local ordinances. 4 CIVIL RIGHTS The parties recognize the benefit and importance of delivering conservation programs equitably to all customers, having a diverse staff to assist this customer base,and having diversity within the district board. The parties agree to work cooperatively to achieve diversity in all aspects of the conservation program through effective outreach and marketing. The parties 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,the Age Discrimination Act of 1975,Americans with Disabilities Act of 1990,and in accordance with regulations of the Secretary of Agriculture(7CFR-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 disability 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. REVIEW/MODIFICATION/TERMINATION This agreement will be reviewed at least annually. The agreement can be modified or terminated at any time by mutual consent of all parties or can be terminated by any party by giving 60 days written notice to the other parties. UNITED STATES DEPARTMENT OF DEHNR-DIVISION OF SOIL AND WATER AGRICULTURE CONSERVATION NATURAL RESOURCES CONSERVATION SERVICE By: By: f7 Ir.*.l State Co rvadonist Director Date: 3�?Z`O l Date: Orange SOIL AND WATER CONSERVATION The COUNTY OF ORANGE DISTRICT By: By: Chairperson Title: ir ,B 0 C C- Date: Date: •s/7�© 5 Attachment A The following is a list of programs which will be utilized to address local priorities and concerns. The parties agree to utilize these programs in a complimentary manner, thus maximizing the delivery of conservation benefits to customers and clients. Conservation Technical Assistance NC Agricultural Cost Share Program Environmental Quality Incentives Program Wildlife Habitat Incentives Program Conservation Reserve Program Conservation Reserve Enhancement Program Forestry Incentives Program Wetland Reserve Program Farmland Preservation Program Emergency Watershed Program Emergency Conservation Program Resource Conservation and Development State and Federal Grants as applicable 6