HomeMy WebLinkAboutOTHER-2023-026-Approval of Memorandum of Agreement between the Orange County Board of Commissioners and North Carolina State University OCT
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Attachment 1
EATENSIO N
Memorandum of Agreement
Between
The Board of County Commissioners
Orange County
And
North Carolina State University
, No040380.1,
• 4
Preamble
North Carolina State Extension ( NC State Extension ) was established as a part of the College of
Agriculture and Life Sciences of North Carolina State University ( NCSU ) by federal and state legislation
for the specific purpose of " extending " the educational services of the University to the people of the
state , on subjects related to agriculture and natural resources , family and consumer sciences , 4 - H
youth development , and community and rural development . The laws creating the Cooperative
Extension Service were specifically designed to assure that the findings of research in these areas are
communicated to the people of the State .
Under the Federal Appropriations Act of 1972 , funds were provided to the 1862 land grant universities
(including NCSU ) to enhance the extension outreach of the 1890 universities , which included North
Carolina A & T State University ( NCA&T) . The Food and Agriculture Act of 1977 further stipulated that
these funds be appropriated directly to the 1890 institutions , and formalized the North Carolina
Cooperative Extension Program as an official part of the School of Agriculture and Environmental
Sciences at NCA&T .
North Carolina Cooperative Extension ( Cooperative Extension ) provides the opportunity for North
Carolina State Extension and North Carolina A & T Extension to work together to better serve the
people of the State through the delivery of locally relevant programs , education and expertise .
The legislation further provided for a cooperative relationship among three levels of government --
federal , state , and county to . ensure that the needs of all three levels are addressed . The primary
purpose of Cooperative Extension is to provide the people of North Carolina with the most current and
relevant unbiased research based information -- particularly that which is related to strengthening the
economy through profitable , sustainable and safe food , forest and green industry systems ; protecting
the environment and natural resources ; and empowering youth and families to lead healthier lives and
become community leaders. These purposes are furthered by Cooperative Extension employees who
are charged with carrying out the extension education programs of the universities and the U . S .
Department of Agriculture ,
Cooperative Extension has sufficient flexibility to permit attention to the special problems , needs , and
interests of the citizens and leadership in each county . Therefore , the programmatic , personnel , and
funding complement reflects the unique needs of each county . County Advisory Councils are consulted
on a regular basis to assist in prioritizing the county educational program content . Program clientele or
recipients of services include individuals , ,families , communities , municipalities , agricultural and seafood
processing and marketing firms , other businesses and certain organizations . These services are
delivered to adults and youth in both urban and rural settings ,
To assure that educational programs offered by Cooperative Extension meet the needs of the local
clientele , it is important that both elected and appointed decision makers at each level of . government
understand their respective responsibilities and relationships in conducting and funding this work , To,
this end , this Memorandum of Agreement .will detail the Individual relationships and mutually agreed -
upon responsibilities of NCSU and each county or tribal community that signs this Memorandum of
Agreement . 4 4
(N0040380.1) 2
�/�` Part q..p g1igp. sq¢� `p pW� �_= ppp T
C State Extension illN
I . Establish minimum requirements and qualifications for employment in Cooperative Extension
work .
2 . Receive and examine applications for employment ,
3 . Interview and screen applicants to determine their qualifications and availability ,
4 . Consult with the Board of County Commissioners , or the County Manager as designee ,
regarding qualified applicants for appointment to vacant or new Cooperative Extension positions .
5 . Consult with the Board of County Commissioners , or the County Manager as designee ,
regarding the salaries and salary splits of all Cooperative Extension employees , including but
not limited to County Extension Directors , Extension Agents , and County Operations Support
Staff ( COSS ) ,
6 . Prepare and submit an annual budget to the Board of County Commissioners , or the County
Manager as designee , for securing the county' s share of funds for salaries and operating
expenses each based on the state fiscal year ,
7 . Provide funds for official travel necessary to conduct Cooperative Extension work and postage
funds , to the extent that funds are available , and for purposes authorized by state and federal
policies ,
8 . Accept responsibility and provide the leadership for administration and supervision of
Cooperative Extension programs and personnel , including compliance with affirmative action
and equal employment opportunity requirements , NC State will investigate all cases of
discrimination , harassment , or retaliation following applicable NC State policies ,
9 . Investigate and manage all employee relations issues related to NC State employees housed in
local offices , We will work collaboratively with local county government and NC A&T University
when an issue impacts their employees .
10 . Develop and administer a personnel management plan that will provide the annual review of
each employee ' s performance , counseling for job improvement where needed , and periodic
county program reviews .
11 . Provide a staff of specialists to train agents in current technology and other changes affecting
agriculture and natural resources , family and consumer sciences , 4 - H and youth , and community
and rural development , and to otherwise assist them in conducting work in these areas .
(NO040380.1) 3
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12 . Provide Cooperative Extension professionals with training programs as needed to maintain
effective program delivery .
13 . Seek regular input from the County and maintain a County Advisory Leadership System to
ensure that county Cooperative Extension programs are based on the particular needs of people
in their respective county .
14 . Prepare and submit a " Report to the People " to the Board of Commissioners , or the County
Manager as designee , at least annually , informing the Board or Manager of Cooperative
Extension programs and work accomplished .
Part 11 .
The Board of County Commissioners will
1 . Provide the County' s share of salaries and benefits for Cooperative Extension personnel .
2 . Comply with North Carolina 's Workers Compensation Act , N . C . General Statute § 97- 2 (2 ) .
3 . Provide offices , equipment , utilities , telephones , office supplies , instructional materials and other
items needed for efficient operation of the County Extension Center and its programs ; and
comply with the accessibility provisions of the Americans W*th Disabilities Act,
4M Review and consider the annual * budget request from NCSU , and take appropriate action by July
1 of each fiscal year.
5 . Provide regular input to the District and County Extension Directors on the particular needs of
people in their respective county to help ensure that county Cooperative Extension programs
are based on specific needs and meet county programming plans ,
Part 111 .
NC State Extension and the Board of County Commissioners mutually agree :
1 . That all county Cooperative Extension employment appointments and separations will be made
in consultation between NCSU and the Board of County Commissioners , or the County Manager
as designee , and that no official action related to such appointments or separations will be taken
by either party regarding appointment or separation prior to discussion of the matter with the
other party .
2 . That the Board of County Commissioners and NCSU shall, each be responsible for compliance
with applicable laws and regulations , relating to their respective operations .
3 . To cooperate in implementing affirmative action and equal employment opportunity plans of
NCSU ,
{N0040380.i} 4
4 . The parties will work together to maintain an environment of high quality cooperation and
services . At the request of any party , a meeting or conference will promptly be held between
the Parties ' representatives to resolve any problems or develop any improvements .
5 . That the policies established by the State of North Carolina under N . C . General Statute § 126
and followed by the UNC System for SHRA employees be used in the granting and
administration of leave related to the earning rates , transfer policies , payout computation and
timing , and administration of vacation , sick , civil , community involvement , military , Family and
Medical Leave , Family Illness Leave , leaves of absence , and other approved leave programs
for Cooperative Extension personnel .
6 . That Cooperative Extension employees will follow county policies relative to office hours , office
closings for inclement weather , and holidays , and for the management and use of county
property .
7 . That personnel procedures are as follows ;
La
Establishing Accounts to Operationalize the Payroll Process .
i . To operationalize the payroll arrangement , NCSU will establish a Trust Fund Account
for the County at NCSU that will serve as the vehicle for the transfer of funds from the
County to NCSU for use in paying the county' s agreed - upon share of salary and
benefits for Cooperative Extension personnel ,
ii . Procedure for Providinq Funds to the Account . A State Treasurer' s Electronic
Payment System ( STEPS ) form will be completed and the original submitted to the
Assistant Extension Director of HR and Operational Strategy via the appropriate
District Extension Director , The County Finance Officer , or the designated County
representative , will receive notification from the NCSU College of Agriculture and Life
Sciences HR Office prior to the University' s payroll date , generally the last working
day of each month , advising the amount due for the current payroll . Within 5 business
days following the payday , the respective University will draft against the County's
established trust account in the amount communicated ,
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fii . Administration of the Account . The trust account will be maintained in accordance with
the respective NCSU accounting policies and procedures . The trust account will be
audited and reconciled by the NCSU College of Agriculture and Life Sciences
Business Office to ensure the month end account balance remains zero .
Lbj Employee Benefits .
I . Retirement Benefits , All Extension Personnel will participate solely in either the North
Carolina Teachers and State Employees Retirement System (TSERS ) and
accompanying North Carolina Disability Income Plan , or the Optional Retirement Plan ,
based on eligibility criteria established by the State . They will be eligible solely for
respective NCSU employee benefits for which they qualify based on their appointment
and FTE , and former federal appointees will maintain federal benefits , the employer
paid parts of which will be paid for solely by NCSU .
(N0040380 ,1) rj
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, c Taxes and Fringe Benefits ,
L The County will be responsible for providing their proportional share of fringe benefits
for all Cooperative Extension personnel , including but not limited to the following ,
1 . Employer contributions to all applicable Federal and State taxes .
2 . Employer contribution to TSERs per N . C . General Statute § 135 , or to ORP per
N . C . General Statute § 135 �5 , 1 .
3 . Employer contribution to the Health Insurance matching charges per N . C .
General Statute § 135 ,
Workers ' Compensation will be administered pursuant to N . C . General Statute § 97 -2 (2 ) .
The County will provide full and direct coverage for those employees subject to the County
workers ' compensation insurance within the county insurance program . Employees for
whom the County will maintain workers ' compensation coverage are the following :
1 . All administrative and any other positions designated as County Operations
Support Staff (COSS ) ; and
a . All Program Assistants/Associates who are not funded by directly
allocated federal funds such as EFNEP , or Program
Assistants/Associates who are paid in part by EFNEP funds but
which account for less than 50 % funding .
b , NCSU will provide full and direct coverage for their respective
Cooperative Extension employees subject to NCSU ' s workers '
compensation insurance . Cooperative Extension employees for
whom NCSU will maintain workers ' compensation coverage are the
following :
i . All County Extension Directors and Extension Agents ; and
IL All Program Assistants or Associates who are funded by directly
allocated federal funds such as EFNEP , or Programs Assistants
or Associates who are paid in part by EFNEP funds at equal to
or more than 50 % funding ,
,e, Employee Separation
1 , NCSU will process severance pay for reductions �in "force ( R1Fs) as delineated
in the COSS Employee Handbook for County Operations Support Staff
( COSS ) %
2 . Upon an employee ' s separation , the County will pay out its proportional share
of annual/vacation leave , up to a maximum of 240 hours per the OSHR
and/or UNC System guidelines , and any applicable bonus leave balance .
(N0040380J.) 6
3 . The County will pay its proportional share of state longevity for COSS
employees upon an employee ' s service anniversary date .
4 . The County will pay out its proportional share of any accrued " extra " time
( hourJor� hour) or overtime ( 1 . 5 hour4or- hour) to Cooperative Extension
employees that are subject to Fair Labor Standards Act or the North Carolina
Wage and Hour Act upon an employee ' s earning anniversary date or as due
to the employee at the time of separation .
�f Optional County - paid Salary Increases or Bonuses to Cooperative Extension Personnel .
At their discretion , Counties may award additional permanent salary increases or one
time pay awards (" bonuses" ) to Cooperative Extension personnel . if such salary
increases or bonuses are proposed by the County under the " non - lock, in " payroll
arrangement , they must be communicated to the appropriate District Extension
Director' s office no later than the first day of any month in which the proposed increase
or bonus is to be applied . Increases must be entered in the current fiscal year .
Lcil Lockd n Provision
This section describes the preferred arrangement to support the salary agreement
between the County and NCSU for Extension personnel . All counties will participate in
the Lock4 provision unless designated on an Opt- Out Addendum the arrangement as
Non Lock4
1 . Salary Adiustments for Extension Employees under the Lock- In Provision . The
full compensation plan for university employees as approved by the General
Assembly and implemented by the Office of the President , University of North
Carolina System , will serve as the basis for all compensation adjustments and
both the County and NCSU will adhere to the plan ' s effective dates and
implementation instructions . Cooperative Extension personnel receiving salary
from grant funds will be governed by the terms and conditions of the applicable
grant within the scope and applicability of NCSU personnel policies governing
grants . These compensation components include , but are not limited to : c
AcrossAhe -board adjustments ,
Cost� of living adjustments ( COLA) ,
Merit adjustments ,
Bonuses (in any form conveyed ) , and
Promotion , classification , market , or equity adjustments .
Salary and Benefits . Salaries and benefits , as delineated above in 7 ( a �e ) , will
be split according to the hiring agreement and will be detailed on an attached
addendum . As both parties may provide increases , these percentages will
change slightly from the original hire percentage
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(N0040380,1) /
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2 . County increases in the Lockdn Provision
The County may elect to include NCSU employees in County increases ,
bonuses , etc , at any time . See 6 ( c) for more information on submitting county
increases . Locl<4 Provision indicates that all State adjustments will be
honored as stated in 7 ( a ) and automatically drafted , but the County is not
limited to just the State increases in this agreement .
Part IV.
DURATION, AMENDMENT, AND TERMINATION
The parties will conduct a periodic review of this collaboration and responsibilities to determine and
evaluate whether the parties are achieving the goals and accomplishing the responsibilities activities
herein . No amendment of the terms of this Agreement will be effective unless made in writing and
signed by each Party's authorized ' signatory .
Signatures of the persons below authorize execution of this document, effective as of January 1 ,
2023 , and continuing yearAo - year , unless otherwise terminated in writing by either party under
written notification to the other party no less than one - hundred twenty ( 120) days prior to the
proposed termination date . Termination of this Memorandum of Agreement shall have the effect of
terminating the Cooperative Extension activities and programs in the County .
Signature : Date :
61
Chairperson or Designee Board of County Commissioners
Orange County
IoLo 2 . 3
Signature : Date :
Director
North Carolina Cooperative Extension
North Carolina State University
Signature : Date .
Dean
College of Agriculture and Life Sciences
North Carolina State University
Addendum Attached Executed 2,Z, ® '�
(N0040380A) g
Attachment 2
MEj
EXTENSION
Addendum to Memorandum of Agreement
Orange County
This addendum documents the current salary percentages provided by the County and by NCSU ,
Salary Percentages for Orange County as of January 1 , 20234
Position Title Salary Percentage Salary
County Percentage
NCSU
County Extension Director 50 50
(vacant)
4 - H Agent 46 . 069 61932
i
4 - H Program Assistant 100 0
i
Horticulture/Crops Agent 60 *477 39 . 623
i
Community Dev Agent 76 . 462 24 . 638
FCS Agent 66A43 33 * 667
EFNEP Program Assistant 67 . 436 42 , 564
i
Office Assistant 100 0
b P
+ `e
Administrative Assistant 600971 49 . 029
( 276 FTE) * ,
i
County Ag Add � On A
Any position added to this county's staff of Extension Personnel through mutual agreement between the County and
NCSU subsequent to the effective date of this modification will have its funding splits documented in correspondence
between this County and NCSU and will become part of this Agreement.
Addendum to. the Memorandum of Agreement
Change to' Payroll Arrangement for Orange County
Under a Lock in agreement with NC Cooperative Extension , counties agree to fund salary adjustments ,
increases and bonuses and promotions earned according to the current percentage of employee salaries .
Counties that are not lock�in are encouraged to fund state increases , bonus and promotions earned . In both
scenarios , counties may include Extension employees in any county increases , longevity or raises at any time .
Non Lock- In Provisions of the Cooperative Arrangement
Enacting the Non Lock, in Provision . By signing this addendum , the County and NCSU shall adhere to
the following provisions , guidelines , and procedures .
1 . The county agrees to all provisions , guidelines , and procedures of the existing MOA with the
exception of item 7 (g) the Lock- in Provision .
2 . Salary Adiustments for Extension Employees under the Non Lock- In Provision . The full
compensation plan for university employees as approved by the General Assembly and
implemented by the Office of the President, University of North Carolina System , will serve as
the basis for all compensation adjustments for NCSU . The County may match the salary
adjustments on their percentage of the employee salary . Cooperative Extension personnel
receiving salary from grant funds will be governed by the terms and conditions of the applicable
grant within the scope and applicability of NCSU personnel policies governing grants . These
compensation components include , but are not limited to ;
Across4he� board adjustments ,
Cost� of living adjustments ( COLA) ,
Merit adjustments ,
Bonuses (in any form conveyed ) , and
Promotion , classification , market, or equity adjustments .
Salary and Benefits . Salaries and benefits , as delineated above in 7 (a �e) , will be split
according to the hiring agreement and will be detailed on an attached addendum . As both
parties may provide increases , these percentages will change slightly from the original hire
percentage .
Change from Lockwln Provision to Non Lock4n (formerly known as Send In )
The above named county wishes to change its payroll agreement with North Carolina Cooperative Extension ,
as initially approved on � 0 »�V! Z s?02 : , to non Lock in .
Signatures of the persons below authorize execution of this document, effective ° �at, � 3 ( date) , and
continuing year- to-year , unless otherwise terminated in writing by either party under notifcation to the other
party no less than one hundred twenty ( 120) days prior to the desired termination date .
Chairperson or Designee -- Board of County Commissioners
000
Signature : Date ; 2z
Director North Carol1w Coo erative Extension Service NC State University or Deskinee
� 23
Signature ; �'�'� m '�` Date : `° ^