MEMORANDUM OF UNDERSTANDING

between

THE NEW MEXICO DEPARTMENT OF AGRICULTURE

and

THE REGENTS OF NEW MEXICO STATE UNIVERSITY

COLLEGE OF AGRICULTURE AND HOME ECONOMICS

AGRICULTURAL EXPERIMENT STATION

THIS AGREEMENT is made and entered into between THE NEW MEXICO DEPARTMENT OF AGRICULTURE, (hereinafter called the "NMDA") and THE REGENTS OF NEW MEXICO STATE UNIVERSITY, College of Agriculture and Home Economics, Agricultural Experiment Station (hereinafter called the "NMSU"), NMSU will use its best efforts in undertaking a program for NMDA as follows:

Article I- Authority and Purpose

NMDA has been given authority pursuant to the Miscellaneous Natural Resources Matter Section of the New Mexico Statutes (75-4 NMSA 1978) as follows:

"The "office of state climatologist" is created within the New Mexico department of agriculture. The administrative and executive head of the office of state climatologist shall be known as the "state climatologist". The board of regents of New Mexico State University shall appoint and fix the salary of the state climatologist."

The purpose of the office of state climatologist is to assist the state to understand and respond to natural and man-induced climate processes and their implications, to cooperate with the federal government in activities relating to climate studies and advisory services, to promote and disseminate a general knowledge of the climatology of the state, to establish a state climate program in accordance with the provisions of the federal National Climate Program Act and regulations promulgated pursuant to that act and to receive and utilize grants made available to the state pursuant to the provisions of the federal National Climate Program Act and other grants, gifts, donations, or bequests from any source to be used in carrying out its purpose.

Dr. Theodore W. Sammis who is employed by NMSU as a Professor of the College of Agriculture and Home Economics, Agronomy and Horticulture Department is being appointed as the state climatologist through the authority given to the Regents of New Mexico State University through the statutes of New Mexico. If for any reason, Dr. Theodore W. Sammis, is unable to continue to serve as the state climatologist, and a successor acceptable to both NMSU and NMDA is not available, this agreement shall be terminated as provided in Article VI.

Article II - Statement of Work

NMSU will use its best efforts to conduct the following duties authorized to NMDA by the Miscellaneous Natural Resources Matter Section of the New Mexico Statutes (75-4 NMSA 1978):

The duties of the state climatologist shall include:

A. Assessing the effect of climate on the natural environment, agricultural production, land and natural resources and human health;

B. Coordinating climate impact studies and programs to improve understanding of climate processes, natural and man-induced, and of the social and economic implications of climate change;

C. Developing methods and procedures to enable interested state agencies and public institutions of higher education to participate in the program;

D. Disseminating climate data, information, advice and assessments to state agencies, local public bodies and the general public;

E. Establishing an effective mechanism for consultation and coordination with the federal government and other states in climate related activities; and

F. Administering the state intergovernmental climate program.

Article III - Agency Cooperation

The following agency cooperation will be utilized as stated in the Miscellaneous Natural Resources Matter Section of the New Mexico Statutes (75-4 NMSA 1978):

"In carrying out the responsibilities enumerated in Section 3 [75-4-3 NMSA 1978] of this act, the state climatologist shall seek the assistance of the geophysical research center at the New Mexico institute of mining and technology, the remote sensing facility at the university of New Mexico and other appropriate agencies and facilities for scientific support."

Article IV - Resource Allocation

Any resources allocated to NMDA toward fulfilling the state climatologist duties will be made available to NMSU for the duration of this agreement. There are no funds currently allocated to NMDA for this project. However, if funds are allocated to NMDA for this project during the duration of this contract, an amendment to this contract will be negotiated to address disbursement of funds.

Article V - Period

It is understood and agreed that the period of this Memorandum of Understanding will commence upon signatures of all parties involved and continue for a period of five years and will be subject to renewal only by mutual agreement.

Article VI - Termination

It is understood and agreed that this project may be terminated by either party upon thirty (30) days written notice.

Article VII - Reports

It is understood and agreed that a schedule for reporting will be mutually agreed upon by the NMDA, NMSU and the state climatologist named in Article I.

Article VIII - Agreement Modification

Any agreement to change the terms of this Agreement in any way shall be valid only if the change is made in writing and approved by mutual agreement of authorized representatives of the parties hereto.

Article IX - Governing Law

This Agreement will be governed by the laws of the State of New Mexico.

This Agreement contains the complete understanding of the parties hereto and is not assignable.

If one or more of the provisions of the Agreement shall be held to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired thereby.

AGRICULTURAL EXPERIMENT STATION

Gary L. Cunningham

Associate Dean and Director

COLLEGE OF AGRICULTURE AND HOME ECONOMICS

John C. Owens

Dean and Chief Administrative Officer

THE REGENTS OF NEW MEXICO STATE UNIVERSITY

Signature Date Name and Title

NEW MEXICO DEPARTMENT OF AGRICULTURE

Frank A. DuBois

Director/Secretary