HomeMy WebLinkAbout2023-339-E-DEAPR-North Carolina Forest Service-NC Forest Service Annual ContractPage 1 of 4
Approved By NCDA Legal – 1/2021
STATE OF NORTH CAROLINA
Department of
Agriculture and Consumer Services
$ 176,389.00
Total Cooperative Appropriation
$ 105,834.00 State
$ 70,555.00 County
AGREEMENT FOR THE PROTECTION, DEVELOPMENT AND IMPROVEMENT
OF FOREST LANDS IN ORANGE COUNTY NORTH CAROLINA
THIS AGREEMENT is made under the authority of Chapter 106, Article 75, of the North
Carolina General Statutes, including N.C. Gen. Stat. § 106-906, titled "Cooperation
between counties and State in forest protection and development,” by and between 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.
WHEREAS, the 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; and
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties
contract and agree to maintain a legally appointed and equipped Forest Service office to support
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 and employ permanent and temporary position(s) in order to successfully
execute the mission of the NC Forest Service and to support the forestry program in said
county. These positions include:
A) 0.5 County/Area Ranger(s) assigned 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 the State’s forest fire laws; for
taking such preventive measures, educational and otherwise, to prevent forest fires;
for developing and improving the forests through reforestation, promotion, and
practice of Forest Management practices; and for protection of forests from insects
and diseases.
B) 1 Assistant County Ranger(s) for the purposes of assisting under the direction,
supervision, and/or oversight of the County/Area Ranger in 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 the State’s forest fire laws; for
taking such preventive measures, educational and otherwise, to prevent forest fires;
for developing and improving the forests through reforestation, promotion, and
practice of Forest Management practices; and for protection of forests from insects
and diseases.
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C) 0.13 Forestry Management Clerk for purposes of providing administrative support,
serving as the back-up administrative contact for the assigned district, counties
within the district, or unit, and serving as the primary contact for forest management
administrative business within the assigned district.
D) 0.5 Forest Fire Equipment Operator(s) for purposes of establishing fire suppression
control lines in assigned work areas and in other areas as needed using equipment,
including crawler tractors (fire dozers), with various attachments, such as a fire plow,
hurricane blades, etc., and operate and maintain all types of heavy site preparation
equipment.
E) Temporary position(s) on an as-needed basis.
2. To furnish position(s) 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 insofar as the joint funds will permit.
3. To pay the identified position(s) 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
administration policy.
4. To direct, supervise, instruct, and inspect, through its agents, the work and conduct of
each position, to discipline and, when necessary, discharge such position(s).
5. To submit to the Board 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 work conducted pursuant to this Agreement within said County.
State Funding
6. To make available annually from State, Federal, and other funds allotted to it, the sum
of One Hundred Five Thousand Eight Hundred Thirty Four Dollars ($105,834.00) as
its share of an annual budget of One Hundred Seventy Six Thousand Three Hundred
Eighty Nine Dollars ($176,389.00) for carrying on the above listed work in said County.
Part II. THE BOARD AGREES:
7. To pay the Department 40 % of the total cost of the salary of position(s) specified in Part
I.1 above and expenses and other proper expenditures made in connection with the
overall forestry program in said County, upon receipt and consequent approval of the
periodic statements submitted by the Department.
County Funding
8. To appropriate annually the sum of Seventy Thousand Five Hundred Fifty Five
Dollars ($70,555.00), which sum shall be available for expenditure under the terms of
this Agreement, and shall represent the County's share of the annual budget for carrying
on work listed in this Agreement in said County.
Part III. IT IS EXPRESSLY AGREED AND UNDERSTOOD BY BOTH PARTIES:
9. That this Agreement becomes effective July 1, 2023, and lasts through June 30, 2024.
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10. Payments made for services rendered in a prior contract period will apply toward the
contract period in which the services were rendered and not toward the contract period
when the payments are made.
That the annual appropriations as set forth above may be revised in writing 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 shall
become effective at the beginning of the stated Fiscal Year. The Fiscal Year begins on
July 1 and ends on June 30. 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.
11. That this Agreement may be modified only in writing and upon execution by both parties.
12. That the Board reimburse the Department as provided in Part II of this Agreement 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 monthly statement to the
Board. That such payments be made by the Board within thirty days following receipt of
the Department's billing.
13. 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.
14. That the County/Area 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 always informed 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 ORANGE COUNTY
Date_________________________ ____________________________ County Manager
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 and this Agreement has been pre-
audited in the manner required by the Local Government Budget and Fiscal Control Act
DocuSign Envelope ID: 45D6ADCA-919B-4430-99BB-D5F9C4C47CBA
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Approved By NCDA Legal – 1/2021
Date ________________________ ____________________________County Finance
Officer
For the North Carolina Department of Agriculture and Consumer Services
Date ________________________ _________________________________ Signature
N. David Smith
Chief Deputy Commissioner
DocuSign Envelope ID: 45D6ADCA-919B-4430-99BB-D5F9C4C47CBA
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7/27/2023
Revised 04/23
1
ORANGE COUNTY—INTERNAL USE ONLY
______________________________________________________________________________
Finance Information
Vendor Name: North Carolina Forest Service Vendor Contact Person: Charles Clell Britt Phone: 919-732-8105
Address: 1616 Mail Service Center City Raleigh State: NC Zip: 27699-1616 Department: DEAPR Amount:
$176,389 (State- $105,834, County- $70,555) Purpose: NC Forest Service Annual Contract Budget Code(s):
10695050-720011 Vendor # 25374
Vendor Status with NCSOS: State Agency Vendor is a BOCC consultant: Yes No
Contract Details
Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment )
Effective Date 7-1-2023 End Date 6-30-2024 Notice Date (Notice Purpose )
Award
Approved by Board (Agenda Date: 6-15-2023); Made or Administered by
Signature Authority
- BOCC Express Delegation (Agenda Date: 6-15-2023 )
- Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000
- Budget Policy Section XV (Capital Improvement Project: )
Bidding
Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# )
Department Affirmation
This agreement is approved as to technical form and content and I as Department Director affirmatively state work
on this project has not been initiated prior to execution of the agreement.
Services related to this agreement have already begun or been completed. Description of the nature of the
emergency condition that was addressed:
Department Director’s Signature ________________________________________ Date: ________
Information Technologies
This agreement has been reviewed and is approved as to information technology content and specifications:
Office of the Chief Information Officer___________________________________ Date: ________
Inapplicable because no hardware/software purchases or related services
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications, and requirements:
Office of the Risk Management Officer___________________________________ Date: _________
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act:
Office of the Chief Financial Officer ____________________________________ Date: _________
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney __________________________________________Date: ________
Clerk to the Board
All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Received for record retention:
Office of the Clerk to the Board __________________________________________Date:_________
DocuSign Envelope ID: 45D6ADCA-919B-4430-99BB-D5F9C4C47CBA
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7/27/2023
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