HomeMy WebLinkAboutAgenda - 08-22-1995 - VIII-H 1
Orange County
Board of Commissioners
Meeting Date: August 22, 1995
Action Agenda
Item No--14
Subject: Forest Service Contract
Department: Budget Office Public Hearing Yes No_x_
Attachment(s): Information Contact:
Budget Office
Agreement for the Protection, Extension Number:
Development and Improvement 2150
of Forest Lands in Orange County Telephone Number:
Hillsborough 732-8181
Chapel Hill 968-4501
Mebane 227-2031
Durham 688-7331
Purpose
To consider the annual agreement between Orange County and the North Carolina Department of Environment,
Health and Natural Resources for the provision of support to the NC Forest Service in Orange County.
Background
This agreement will provide for the continued maintenance by the NC Department of Environment, Health and
Natural Resources through the NC Forest Service in Orange County for the protection, development and
improvement of forest lands in Orange County.
The original request from the Forest Service for fiscal year 1995-96 was $38,127. Since that time, the NC
Department of Environment, Health and Natural Resources has submitted a supplemental request for an
additional $640 to bring the contract amount to$38,767. There are sufficient funds remaining in this agency's
fiscal year 1994-95 County appropriation for a "carry-forward" of this amount. This total amount of$38,767
will provide the 40%County match. The State's 60%match for fiscal year 1995-96 is $58,150.
Recommendation
The Manager recommends that the Board approve the annual agreement between Orange County and the
Department of Environment, Health and Natural Resource,and authorize the Chair to sign.
S'
FC-42 STATE OF NORTH CAROLINA 2
(2-90) Department of
Environment, Health, and Natural Resources
$ 96,917.00
Total Cooperative
Appropriation
$ 58,150.00 60
State
38,767.00 40 %
County
AGREEMENT FOR THE PROTECTION, DEVELOPMENT AND IMPROVEMENT
OF FOREST LANDS IN ORANGE COUNTY, NORTH CAROLINA
THIS AGREEMENT, made under the authority of "An act to authorize Counties to
cooperate with State in Forest Protection, Reforestation and promotion of
Forest Management," (Section 113-59 of the General Statutes of North Carolina
- 1943), and also under authority of another Section of the General Statutes,
namely Section 113-54, by the North Carolina Department of Environment,
Health, and Natural Resources (hereinafter called the Department), party of
the first part, and the Board of Commissioners of ORANGE County
in the State of North Carolina (hereinafter called the Board), party of the
second part, witnesseth:
That WHEREAS the said Board, recognizing the need for active forest
protection, development, reforestation, management and improvement in
ORANGE County, has accepted the offer of the Department for
cooperation in accomplishing this object:
Now, THEREFORE, in consideration of the mutual convenants hereinafter set
forth, the said parties contract and agree to maintain a legally appointed and
equipped Forest Ranger organization in said county at the joint cost of the
State and County, insofar as the joint funds will permit, as follows:
Part I. THE DEPARTMENT AGREES:
1. To select, employ and appoint, after consultation with the Board, a
County Forester or County Forest Ranger for the purposes of controlling forest
fires in said County; for detecting and extinguishing fires that break out;
for investigating the origin of forest, woodland and field fires; for
enforcing State forest fire laws; for taking such preventive measures,
educational and otherwise, as shall seem necessary to prevent forest fires;
for developing and improving the forests through reforestation, promotion and
practice of Forest Management practices; and for protection from insects and
diseases.
2. To furnish to each Forester or Forest Ranger so employed a badge of
office, stationery and report forms, instructional posters for use in the
County, leaflets for distributing to landowners and others; to purchase
necessary equipment, communication systems, and other Forestry improvements
deemed necessary insofar as the joint funds will permit.
3. To pay the Forester or Forest Ranger for all official services
rendered, at a fair rate of pay. Rates of pay are to be established by the
Department in accordance with existing State salary schedules.
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4. To direct, supervise, instruct, and inspect; through its agents, the
work and conduct of - the Forester or Forest Ranger.",:'to discipline and, when
necessary, discharge such Forester or Forest Ranger.
5. To submit to the Board of Commissioners monthly (or at other
mutually satisfactory intervals) an itemized statement of all monies to be
paid by the County and those paid by the Department for the proper conduct of
the work within said County.
6. To make availablrift atMate, Federal, and other funds
allotted to it, the sum of one ed fifty dollars ($ 58,150.00 )
as its share of an annual budget of $ 96,917.00 for carrying on the work
in said County.
Part II. THE BOARD AGREES:
1. To pay the Department 40 % of the total cost of the Forester or
Forest Ranger salaries and expenses and of other proper expenditures made in
connection with the over-all Forestry program in said County, upon receipt and
consequent approval of the periodic statements submitted by the Department.
Thirty eight thousand seven
2. To appropriate annually the sum ofbundred sixty seven dollars
($ 38,767.00 ), which sum shall be available for expenditure under the
terms of this Agreement, and shall represent the County's share of the annual
budget.
Part III. IT IS EXPRESSLY AGREED AND UNDERSTOOD BY BOTH PARTIES:
1. That this Agreement becomes effective July 1 19 95
2. That the annual appropriations as set forth above may be revised by
mutual agreement between the Department and the Board, based on the amount of
annual appropriation desirable for the proper conduct of the Forestry work,
such revision to become effective at the beginning of a given Fiscal Year.
Any unused balance of County funds remaining at the end of a Fiscal Year shall
revert to said County unless otherwise mutually agreed upon by both parties.
3. That the Board reimburse the Department as provided in Part II,
Item 1, by forwarding a county voucher drawn in favor of the Department for
the amount of the County's share of expenditures as set forth in the
Department's periodic statement to the Board. That such payments be made by
the Board within thirty days following receipt of the Department's billing.
4. The title to all improvements and equipment purchased and/or
constructed in connection with this Agreement will rest with the Department;
such materials or their equivalent will remain in the County as long as this
Agreement is in effect, or as long as they are needed by the Department for
the proper conduct of the work therein.
5. That the Forester or Forest Ranger periodically or at the request of
the Board, shall present to the Board statements of the work being done within
the County, so that said Board may be fully informed at all times regarding
the Forestry finances and activities within the County.
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IN WITNESS WHEREOF, the said parties do hereunto affix their names and
seals upon the date herein below specified.
For the Board of County Commissioners of County.
Date Chairman
Provisions for the payment of the monies to fall due under this Agreement have
been made by appropriation duly made or by bonds or notes duly authorized, as
required by the "County Fiscal Control Act."
Date County Finance Officer
For the North Carolina Department of Environment, Health, and Natural
Resources
Date Signature
Title