HomeMy WebLinkAbout2017-396 DEAPR - State of North Carolina, Dept. of Agriculture & Consumer Services for forest land protection 5 �
STATE OF NORTH CAROLINA
Department of
Agriculture & Consumer Services
$ 140,743
Total Cooperative Appropriation
$ 84,446 60%
State
$ 56,297 40%
County
AGREEMENT FOR THE PROTECTION, DEVELOPMENT AND IMPROVEMENT
OF FOREST LAND IN ORANGE COUNTY,NORTH CAROLINA
THIS AGREEMENT, made under authority of "An act to authorize Counties to cooperate with
State in Forest Protection, Reforestation and promotion of Forest Management,"Article 75 of
Chapter 106,G.S. 106-895 through G.S. 106-910,by Session Laws 2011-145,s. 13.25(p), effective
July 1,2011, and also under authority of the North Carolina Department of Agriculture and
Consumer Services (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 covenants 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 preventative 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.
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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 accord with existing State salary
schedules.
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 proper conduct of the work within said County.
6. To make available annually from State, Federal, and other funds allotted to it, the
sum of EIGHTY-FOUR THOUSAND,FOUR HUNDRED FORTY-SIX DOLLARS
($84,446) as its share of an annual budget of$140,743 for carrying the work in said County.
Part II. THE BOARD AGREES:
1. To pay to 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.
2. To appropriate annually the sum of FIFTY-SIX THOUSAND,TWO
HUNDRED NINETY-SEVEN DOLLARS ($56,297)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, 2017.
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 reimburses the Department as provided in Part Il, 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. That 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 the times regarding the Forestry finances and activities within the
County.
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 ORA GE CO Y:
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 '2 County Finance Officer
For the North Carolina Department of Agric re Con mer ice
Date l-1 � Signature
N. David Smith, Chief Deputy Commissioner