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HomeMy WebLinkAboutMINUTES - 12061994 - 1.106 TO: BOARD OF SUPERVISORS Contra FROM: PHIL BATCHELOR, County Administrator & Costa ro oQ County DATE: December 6', 1994 �aTT, RNs+ SUBJECT: MEMORANDUM OF UNDERSTANDING WITH COOPERATIVE EXTENSION SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMEN DATION: AUTHORIZE the County Administrator to execute an agreement with the Regents of the University of California for the provision of cooperative extension services. BACKGROUND: The Regents of the University of California requested that a memorandum of understanding be executed to formalize the existing relationship between the University and the County for the provision of cooperative extension services. Cooperative extension services have been provided for decades in Contra Costa County without a known written agreement between the University and the County. The agreement will result in no financial impact on the County. CONTINUED ON ATTACHMENT: YES SIGNATURE. :)"-) RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OFBOAR COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON APPROVED AS RECOMMENDED N"' OTHER \VOTE OF SUPERVISORS / I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORSONTHE DATE SHOWN. CC: ATTESTED PHIL BATCHELOR,CLERK OF THE BOARD OF Contact: Julie Enea (510) 646-4855 SUPERVISORS AND COUNTY ADMINISTRATOR County Administrator Cooperative Extension - n BY A%rA y DEPUTY M382 (10/88) MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is executed this 6th day of December, 1994, by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, hereinafter referred to as UNIVERSITY, and the COUNTY OF CONTRA COSTA, hereinafter referred to las COUNTY, to provide a basis for the establishment and maintenance of Cooperative Extension in the County, and for the operation of multi-county Extension work, when such operations are mutually agreed by COUNTY, Director of Cooperative Extension, and other cooperating counties to be in the common interest. Pursuant to Section 32330 of the Educational Code of the State of California, which provides for the appropriation of County funds by County Boards of Supervisors for the support and maintenance of extension work in Agriculture and Home Economics for the benefit of the County in cooperation with the University, the COUNTY did by Resolution request that UNIVERSITY establish an office of Cooperative Extension in the County. It is deemed desirable that this Memorandum be executed for the purposes of specifying the existing method of operation of Cooperative Extension. It is not the purpose of the Memorandum to make substantial changes in the present operations of said organizations. A. The UNIVERSITY agrees to: 1. Appoint, assign, supervise, and pay the entire salaries and benefits of a professional staff of academic Advisors for the operation of Cooperative Extension in the County. The number of such Advisors shall be determined by the UNIVERSITY, or the designated representative, and shall be conditioned upon the availability of funds and continued financial support of such program by the COUNTY. The UNIVERSITY at its discretion for special programs may assign and pay the salaries of other staff. 2. Conduct an appropriate educational and applied research program in mutually agreed upon areas. 3. Provide specialist assistance and linkage to the academic staff of the Agriculture Experiment Station, linkage to research-based training, and educational guidance for Cooperative Extension staff assigned to the County. 4. Designate one member of the County Cooperative Extension staff (provided for in paragraph 1, above) as County Director who will represent, and be responsible to, the Director of Cooperative Extension in all matters relating to the operation and conduct of the County program of Cooperative Extension of the UNIVERSITY. S. Provide Worker's Compensation Insurance for all personnel paid by the UNIVERSITY. 6. Provide evidence of public liability and property damage insurance or equivalent funded self-insurance to protect against liability arising out of the acts or failure to act of its officers, agents, paid employees, and other persons under its supervision and control in the scope and course of performance of official UNIVERSITY business. Such insurance or self-insurance shall name the COUNTY as an additional insured but only in respect to the negligent acts or omissions, or willful misconduct of UNIVERSITY, its officers, agents, employees, or other persons under its supervision and control. 7. Be responsible for proper use, custody, and care but not maintenance, of County-owned equipment and supplies that are furnished by purchase or otherwise by the COUNTY to the County Cooperative Extension staff for its official work. Such custody and care of equipment and supplies shall take into account any normal use, depreciation, expendability, and accidental and unavoidable loss in accordance with usual COUNTY fiscal and inventory procedures. 8. Indemnify, hold harmless, and defend COUNTY, its officers, employees, and agents from and against any and all losses and expenses (including costs of attorney's fees) by reason of liability imposed by law upon COUNTY for damages because of bodily injury, personal injury, including death at any time resulting therefrom, sustained by any person or persons or on account of damage to property, Including loss of use thereof, arising out of or in consequence of the performance of this agreement, in proportion to and provided such Injuries to persons or damage to property ar due or claimed to be due.to the negligence or willful misconduct of UNIVERSITY, its officers, paid employees, and/or agents. B. The COUNTY agrees to: 1. Subject to the availability of funding, provide annually for the support and maintenance of Cooperative Extension in the COUNTY. The use of such funds shall include, but not be limited to, the following: a. Salaries, Wages and Benefits: These funds shall be used for secretarial, stenographic, and clerical personnel, and may be used for the employment of general assistance personnel, such as field help, laboratory assistants, and artists. Such personnel shall be employed and paid by the COUNTY. COUNTY shall provide all benefits and Worker's Compensation Insurance for all personnel paid by COUNTY. b. Maintenance and Operation: These funds shall be used for the usual operating, maintenance, and upkeep costs of COUNTY offices, equipment, and transportation of the County Cooperative Extension staff in their official duties. Among these items are office rent, if applicable; custodial services; office supplies and printing; automobile, travel, and subsistence expenses; public utilities; communications; laboratory, field test, and demonstration materials; photographic supplies; freight and express; postage; and other maintenance and operational expenses. C. Capital Outlay: These funds shall provide for the lease or purchase of office, field, laboratory, photographic, visual aid, and automotive equipment, and improvement of facilities. d. Liability: Provide evidence of public liability and property damage insurance or equivalent funded self-insurance to protect against liability arising out of the acts or failure to act of its officers, agents, paid employees, and other persons under its supervision and control in the scope and course of performance of COUNTY business. Such insurance or self-insurance shall name the UNIVERSITY as an additional insured but only in respect to the negligent acts or omissions, or willful misconduct of COUNTY, its officers, agents, employees, or other persons under its supervision and control. e. Indemnification: Indemnify, hold harmless, and defend UNIVERSITY, its officers, employees, and agents from and against any and all losses and expenses (including costs of attorney's fees) by reason of liability imposed by law upon UNIVERSITY for damages because of bodily injury, personal injury, including death at any time resulting therefrom, sustained by any person or persons or on account of damage to property, including loss of use thereof, arising out of or in consequence of the performance of this agreement, in proportion to and provided such injuries to persons or damage to property ar due or claimed to be due to the negligence or willful misconduct of COUNTY, its officers, paid employees, and/or agents. 2. Provide secure, and appropriate office, laboratory, storage, and conference space in a mutually agreed upon location. 3. Honor and accept the County Director as the duly authorized representative of Cooperative Extension. The County Director shall be deemed to have the same level of responsibility and authority as a Department Head for the COUNTY and shall be responsible for the expenditure of the budgeted funds to be used for the support and maintenance of Cooperative Extension. 4. Encourage the necessary travel of Cooperative Extension staff to attend training, development, and administrative meetings that may occur outside the County. These meetings lead to the enhancement of the county program. Approval for this travel is at the discretion of the County Director. C. Both parties agree to: 1. In accordance with University policy and applicable State and Federal laws, not discriminate in any of their policies, procedures, or practices on the basis of race, color, creed, national origin, citizenship, religion, sex, sexual orientation, handicap, age, veteran status, medical condition (as defined in Section 12926 of the California Government Code), ancestry, or marital status, and in accordance with applicable law be an affirmative action/equal opportunity employer. 2. The program will be identified as "University of.California and COUNTY Cooperative Extension." 3. This agreement shall be effective upon execution and may be terminated by either party at its sole discretion upon six (6) months advance written notice thereof, to the other, or cancelled immediately by written mutual consent. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA Bye�IAQ1 a aP t��- (�Z c�►c tc v l l/",t COUNTY OF CONTRA COSTA By APPROVED: DATE: ATTEST: