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HomeMy WebLinkAboutAgenda - 06-04-2024; 12-5 - Information Item - Memorandum - Transfer of Master Gardener Funds Held by County to Master Gardener Volunteer Association of Orange County North Carolina 1 ORANGE COUNTY NORTH CAROLINA TO: Board of County Commissioners FROM: Jonathon Smith, County Extension Director DATE: May 21, 2024 SUBJECT: Transfer of Master Gardener Funds Held by County to Master Gardener Volunteer Association of Orange County North Carolina The Orange County Extension Master Gardeners" program recruits,trains, and engages people to serve as volunteer educators who strengthen Extension's delivery of science-based horticultural knowledge to North Carolinians. The Orange County Extension Master Gardeners"" program connects people with the benefits of consumer horticulture through research-based information, educational programming, and community outreach that empowers North Carolinians to cultivate healthy plants, landscapes, ecosystems, and communities. In the interest of furthering the Orange County Extension Master Gardeners' impacts and programming, volunteers of the Orange County Extension Master Gardeners' Program formed a non-profit 501(c)(3)to attain eligibility to receive philanthropic grants from potential partners in support of new and ongoing gardening demonstration projects administered by the Orange County Extension Master Gardeners'" program. 501(c)(3) classification was found to be necessary in order to meet eligibility requirements for many grants and to further the community development work of volunteers.The new Association will continue to coordinate closely with Mart Bumgarner, County Extension Agent, though the Association will be led by Master Gardener volunteers. The County currently houses and manages funds collected by the Orange County Extension Master Gardeners"' program volunteers from previous fundraisers and events (PlantFest, bulb sales, and others) that support the projects of the Orange County Extension Master Gardeners"" program. Cooperative Extension, in coordination with the Finance Department, intends to transfer about$26,777.18 (entirety of funds in the Master Gardener fundraising account)from the non-appropriated Master Gardener county account to the Master Gardener Volunteer Association of Orange County North Carolina to allow the Association to manage its own funds. Funds being transferred are not county appropriated and are funds solely raised by and managed by the Orange County Extension Master Gardeners"" program volunteers. Until all county-transferred funds are exhausted, the non-profit will be required to undergo a biannual audit of funds to ensure funds are spent according to purposes outlined in the Memorandum of Agreement. 300 W.Tryon Street, Hillsborough,NC 27278 1 www.orangecountync.gov 1 919.732.8181 DocuSign Envelope ID:A2732827-56B4-4234-ADOE-19D79200A9CE 2 Memorandum of Agreement THIS AGREEMENT, made and entered into the 17th day of May 2024, ("Effective Date") by and between the County of Orange, a political subdivision of the State of North Carolina, Post Office Box 8181, Hillsborough, North Carolina, 27278, ("County") and Master Gardener Volunteer Association of Orange County North Carolina ("Association") Employer Identification Number 99-1772233, located at P.O. Box 8181, Hillsborough, North Carolina 27278. WITNESSETH Whereas, the Orange County Extension Master Gardeners"^ program recruits, trains, and engages people to serve as volunteer educators who strengthen Extension's delivery of science-based horticultural knowledge to North Carolinians. And Whereas, the Orange County Extension Master Gardeners"" program connects people with the benefits of consumer horticulture through research-based information, educational programming, and community outreach that empowers North Carolinians to cultivate healthy plants, landscapes, ecosystems, and communities. And Whereas, in the interest of furthering the Orange County Extension Master Gardeners"" program, volunteers of the Orange County Extension Master Gardener Program formed a non-profit 501(c)(3) to attain eligibility to receive philanthropic grants from potential partners in support of new and ongoing gardening demonstration projects administered by the Orange County Extension Master Gardeners"' program. And Whereas, 501(c)(3) classification is necessary in order to meet eligibility requirements for many grants and to further the community development work of volunteers; And Whereas, the County currently houses and manages funds collected by the Orange County Extension Master Gardeners"" program volunteers from previous fundraisers and events that support the projects of the Orange County Extension Master Gardeners"' program; NOW, THEREFORE, in consideration of the above and the mutual covenants and conditions hereafter set forth, the County and the Association agree as follows: 1. Term of the Agreement. This Agreement shall be effective as of May 17, 2024, and the agreement shall be ongoing until such a time all funds for transfer described in this Agreement are transferred and exhausted. 2. Transfer of Funds. DocuSign Envelope ID:A2732827-56B4-4234-ADOE-19D79200A9CE 3 a. The County will transfer all Orange County Extension Master Gardeners"^ funds from County Fund 81-240708 to the Association. The funds to be transferred are not commingled with any Orange County funds, have been raised and collected exclusively by the Association, and total approximately twenty-six thousand dollars ($26,000). The County is not obligated to transfer any funds other than Association funds. b. To ensure funds are spent appropriately in furtherance of the shared mission of the Orange County Extension Master Gardener' program and the Association, the Association will store these funds separate from other funds belonging to the Association in order to accurately track use of these funds transferred to the Association by the County. i. Funds may be expended on the following priorities: 1. Supplies for meetings, educational programs, and field study trips hosted by the Association. 2. Purchasing equipment, stock plants, and other supplies to support Association plant sales and fundraisers. 3. Supplies supporting installations and maintenance at demonstration gardens maintained by the Association including, but not limited to, the Davis Center Demonstration Gardens and the Tarleton & Bonnie B Davis Memorial 4-H Youth Garden. 4. Covering costs associated with maintenance of the 501(c)(3) non-profit status such as filing taxes and other required forms from the Internal Revenue Service. ii. Funds may not be used to pay any personal expenses of Association members or officers. iii. To the extent possible funds shall be expended according to the Association budgets as described in Exhibit 1, attached hereto. c. Until all county-transferred funds are exhausted, the non-profit will be required to undergo a biannual audit of funds. i. Audit will be completed internally by Orange County Cooperative Extension. The County Extension Director, Administrative Assistant, and one other Cooperative Extension staff member appointed by the County Extension Director will serve as the audit team. ii. Association agrees to allow the County to inspect its financial books and records upon reasonable notice during normal working hours. iii. Should irregularities be found in the audit by the audit team, the County Extension Director will consult with the County Finance Officer regarding additional audits and improvements for fund management. iv. Should the County deem that funds are not being managed properly and being used to further the shared mission of the Orange County Extension Master Gardeners"" program and the DocuSign Envelope ID:A2732827-56B4-4234-ADOE-19D79200A9CE 4 Association, the County has the right to request return of any remaining funds to the County. Funds will be returned to County within 30 days of the most recent audit. d. By transferring these funds, this will allow the Association to manage their funds in support of its members, Master Gardeners"' projects and installations, and educational outreach programming. 3. Responsibilities of the County. a. Cooperation and Coordination. The County has designated Mart Bumgarner (Orange County Cooperative Extension Agent for Horticulture) to act as the County's representative with respect to this agreement who shall have the authority to render decisions within guidelines established by the County Manager, County Board of Commissioners, or County Extension Director, and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 4. General Provisions. a. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement, Association affirms Association is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement, Association certifies that Association has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Association certifies that Association has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. b. Non-Discrimination. Master Gardeners agrees as part of consideration of the transfer of funds by Orange County to parties hereto for themselves, their agents, officials, employees and servants agree not to discriminate in any manner of these basis of race, color, gender, national origin, age, handicap, religion, sexual orientation, familial status or veterans status with reference to any activities carried out by the recipient, no matter how remote. The parties hereto further agree in all respects to conform to the provision and intent of Orange County Civil Rights Ordinance, as amended and the Orange County Non-discrimination Policy, which is incorporated herein by reference and can be viewed at http://www.orangecountync.gov/. The County may enforce this provision by an action for specific performance, injunctive relief, or other remedy as by law provided; this provision shall be binding on the recipient, the successors and assigns of the parties hereto with reference to the above DocuSign Envelope ID:A2732827-56B4-4234-ADOE-19D79200A9CE 5 subject manner. In addition, Association agrees to abide by the N.C. Cooperative Extension Nondiscrimination Statement and not discriminate on the basis of race, color, national origin, age, sex (including pregnancy), disability, religion, sexual orientation, gender identity, genetic information, political affiliation, and veteran status. c. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non- performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. d. Severability. All clauses found herein shall act independently of each other. If a clause is found to be illegal or unenforceable, it shall have no effect on the other provision of this Agreement. It is understood by the parties hereto that if any part, term or provision of this Agreement is by the Courts held to be illegal or in conflict with any laws of the State of North Carolina or the United States, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Master Gardeners and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Notices. Any noticed required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt required to the following: Orange County Government Master Gardener Volunteer Association of Orange County North Carolina Attention: County Extension Director Attention: Corinne Powell P.O. Box 8181 P. O. Box 8181 Hillsborough, NC 27278 Hillsborough, NC 27278 Email: jcsmit16@ncsu.edu Email: ocmgardeners@gmail.com IN WITNESS WHEREOF, Orange County and the Master Gardener Volunteer Association of Orange County North Carolina have signed this Agreement, effective on DocuSign Envelope ID:A2732827-56B4-4234-ADOE-19D79200A9CE 6 the last date this Agreement is signed by both parties as indicated by the dates set forth under signatures below. For and on behalf of Master Gardener Volunteer Association of Orange County North Carolina DocuSigned by: �^ pbwtx 5/20/2024 Corinn 24CBSC245B Date For and on behalf of Orange County Government. DocuSigned by: 5/21/2024 �b (, Bonnie . 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