PINE STRAW SALE CONTRACT
STATE OF South Carolina SALE NO
COUNTY OF CHESTERFIELD
This sale is made and entered into by and between the S. C. Forestry Commission of P. O. Box 21707, Columbia, SC 29221, hereinafter called the SELLER, and ______of______
______hereinafter called the BUYER.
ARTICLE 1 The SELLER hereby grants and conveys to the BUYER, upon the terms and conditions hereinafter stated, pine straw in the areas which have been designated by the SELLER.
This sale area is located on a tract of land known as Sand Hills State Forest in Chesterfield County, and State of South Carolina, from which the SELLER is empowered to sell forest products. Further description follows: The sale area is designated as Compartment ______, stand(s) __ __, approximately ______acres. Representatives of the SELLER will further designate the sale area on the ground.
ARTICLE 2 The BUYER agrees to pay to the SELLER the sum of $ ___ dollars. Payment must be made in the form of certified check only.
ARTICLE 3 The BUYER further agrees to remove the above-described straw in accordance with the following conditions:
1. The BUYER agrees to fulfill a $500.00 performance bond during the contract period. If any term of Article 3 is not satisfied the performance bond will be relinquished to the S.C. Forestry Commission.
2. No stand shall be raked except those that have been marked or designated.
3. Non-designated areas, if raked or unnecessarily damaged, shall be paid for at a rate of Five Hundred dollars ($500.00) per acre.
4. Notify Brian Davis, Director, or his representatives before beginning any operation.
5. Only the TOP LAYER (freshly fallen straw) may be raked with only ONE RAKING ALLOWED DURING THE CONTRACT PERIOD. DO NOT RAKE DOWN TO THE GROUND (MINERAL SOIL) UNLESS PERMITTED BY THE SELLER.
6. No machine raking will be allowed. Only HAND RAKING will be allowed. Fan Rakes Only will be allowed on this tract.
7. Trees and vegetation shall be protected against needless and unnecessary injury during raking and hauling operations. The BUYER will be allowed to cut an access trail into the sale area by only removing non-merchantable trees (less than 4 inches in diameter), and only with the prior approval of the Forest Director, or his representative. The SELLER shall approve all roads.
8. The BUYER assumes responsibility for the suppression and damage resulting from all fires caused by him and his agents or employees.
9. The BUYER agrees to repair at his own expense damages caused by his operation to gates, fences, bridges and culverts.
10. The BUYER agrees to pay $250.00 fee to remove key locks placed on gates if left unlocked while no workers are present.
11. The SELLER shall not be liable for any damage or loss that might be incurred to the straw, property, or equipment of the BUYER in use on the property, stored on the property by the BUYER, or which is lost or damaged in any way connected to the raking, baling, or transportation of the straw sold to the BUYER.
12. The BUYER shall indemnify and save harmless the SELLER from and against all claims, suits, actions, damages and/or causes of action arising as a result of the removal and/or transportation of the straw sold to the BUYER, for any personal injury, loss of life and/or damage to property sustained by reason or as a result of the BUYER’S activities pursuant to this contract, and from and against any orders, judgments and/or decrees which may be entered thereon, and from and against all costs, attorney’s fees, expenses and liabilities incurred in and about the defense of any such claims and the investigation thereof. Such indemnification and saving harmless includes, but is not limited to, power lines, telephone lines, roads and highways.
13. The BUYER agrees to remove ALL debris and litter, including cans, bottles, baling string, and papers, etc. left by the raking/baling crews. Anyone found littering is guilty of a misdemeanor and will be charged.
14. The BUYER agrees to repair any ditch banks knocked down for entering or exiting stands.
15. The BUYER agrees to comply with “The South Carolina Illegal Immigration Reform Act, 2008”
ILLEGAL IMMIGRATION (NOV. 2008)
An overview is available at http://www.procurementlaw.sc.gov/immigration/MMO-legal-immigration.phtm. By signing your offer,
you certify that you will comply with the applicable requirements of Title 8, Chapter 14 of the South Carolina Code of Laws and agree
to provide to the State upon request and documentation required to establish either: (a) that Title 9, Chapter 14 is inapplicable to you
and your subcontractors or sub-subcontractors; or (b) that you and your subcontractors or sub-subcontractors are in compliance with
Title 8, Chapter 14. Pursuant to Section 8-14-60, “A person who knowingly makes or files any false, fictitious, or fraudulent
document, statement, or report pursuant to this chapter is guilty of a felony, and upon conviction, must be fined within the discretion
of the court or imprisoned for not more than five years, or both.” You agree to include in any contracts with you subcontractors
language requiring your subcontractors to (a) comply with the applicable requirements of Title 8, Chapter 14, and (b) include in their
contracts with the sub0subcontractors language requiring the sub-subcontractors to comply with the applicable requirements of Title
8, Chapter 14. 07-7B097
ARTICLE 4 It is mutually understood and agreed by and between the SELLER and the BUYER as follows:
1. This contract shall terminate .
2. This contract shall not be assigned in whole or in part without written consent of the SELLER and BUYER.
3. Any straw as indicated in ARTICLE 3, which is not removed at the date this contract terminates, shall revert to the SELLER.
4. The BUYER and his agents shall have normal access on and across the property for the purpose of carrying out the terms of this contract.
5. The SELLER reserves the right of checking operations at any time to determine whether or not the provisions of this contract are being carried out.
6. Extensions may be added to the contract period due to adverse weather only after the Buyer receives approval from the Forest Director or his Representative.
7. Any raking after the Termination date will be stealing and trespassing. Violators will be charged.
8. All artifacts are the property of the SCFC. Collection of artifacts is strictly prohibited by South Carolina Code of Laws, Title 50, Chapter 123, Sections 203 and 204.
9. The Seller shall not be liable for any damage or loss that might be incurred to property or equipment of the BUYER in use on the property, stored on the property by the BUYER, or which is lost or damaged in any way connected to the harvesting, transportation, or removal of the straw sold to the BUYER.
10. Buyers must be able to provide proof of COMMERCIAL GENERAL LIABILITY insurance for the amount of ONE MILLION DOLLARS ($1,000.000.000) and WORKERS COMPENSATION.
11. The BUYER shall comply with all applicable federal, state, and local laws and regulations.
12. Contractor shall be duly licensed and comply with any applicable federal, state or municipal laws, codes and regulations in connection with the use of pesticides as they would relate to their application on State Forest land.
13. Use of methods to ensure protection of threatened and endangered species if present.
14. Contractor shall follow OSHA safety regulations and shall comply with the EPA worker Protection Standards and Migrant and Seasonal Workers Protection Act if applicable.
15. Endangered Species; The Red-cockaded Woodpecker is an endangered species and is protected under the Endangered Species Act of 1973 as amended, therefore the birds and its cavity trees are protected by federal law. Any possible violations will be reported to the U.S. Fish and Wildlife Service for resolution.
16. The BUYER agrees to comply with all current South Carolina Forestry Commission Best Management Practices (BMPs) during operations. Questions concerning BMP’s can be directed to Sandhills State Forest.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR HANDS AND SEAL.
WITNESS BUYER
DATE
WITNESS SELLER
Date
Page 1 of 2 (Revised July 29, 2015 V2.0)