Item C09 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Se tember 17, 2013 Division: County Administration
Bulk Item: Yes X No Department: Extension Services
Staff Contact Person/Phone#: Alicia Betancourt/453-8747
AGENDA ITEM WORDING: Approval of annual update to Exhibit A as per the Memorandum of
Understanding(MOU)between Monroe County and the University of Florida (UF) effective October
1, 2006 that specifies FY 2014 payroll costs for the jointly funded Extension Agent positions.
ITEM BACKGROUND: A Memorandum of Understanding (MOU) was executed effective October
1, 2006, between the OF and Monroe County, providing cooperation and funding of the Extension
Service program in Monroe County. The MOU specified that the OF annually submit an updated
Exhibit A to the County no later than October 1 of each year that provides an estimate of the County's
share of Extension Services payroll costs for the upcoming fiscal year. The County's portion of total
payroll costs for the three Extension Agents is 37%. The funds to support Exhibit A have already
been appropriated in the approved 2014 Extension Services budget.
PREVIOUS RELEVANT BOCC ACTION: The existing contractual agreement between the BOCC
and the OF was executed in November 2006 and effective October 1, 2006, with an expiration date of
September 30, 2011. On July 20, 2011, the BOCC approved an amendment to extend the expiration
date of the contractual agreement to September 30, 2016.
CONTRACT/AGREEMENT CHANGES: In accordance with the MOU, the revised annual update
to Exhibit A is being approved.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $229.032.21 (,State , County annual estimate' BUDGETED: Yes X_ No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $85,632,69 SOURCE OF FUNDS: General Revenue
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty � OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required_-_
DISPOSITION: AGENDA ITEM#
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
MEMORANDUM OF UNDERSTANDING
Contract with: University of Florida
Effective Date: "0'ctober 1. 0'2 06
Expiration Date: -September30 2016................
Contract Purpose/Description: Approval of annual update to Exhibit A as per the Memorandum of
Understanding(MOU)between Monroe County and the University of Florida(UF) effective October 1, 2006
that specifies FY 2013 payroll costs for the jointly-funded Extension Agent positions.
Contract Manager: Alicia Betancourt 453-8747 Extension Services/ Stop#1
..................... .................................................. .................. .................................Services
(Name) (Ext.) (Department Stop#)
for BOCC meeting on 09/17/13 Agenda Deadline: 09/03/13
CONTRACT COSTS
Total Dollar Value of Contract: $229,032.21 Current Year Portion: $- 85,632.69
Budgeted ? Yes X No Account Codes: 001-61000-530-340
Grant: $ N/A
County Match: $N/A
ADDITIONAL COSTS
Estimated Ongoing Costs: $N/A For: N/A
i(Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.)
CONTRACT REVIEW
Changes
Date In Needed (keviewer,, Date Out
Yes No
Division Director
Risk Management Llo�P/
OMB/Purchasing
County Attorney
Comments:
...........
............ .............
Exhibit "A" - PROPOSED 2014 Payroll Budget
Monroe County Grant
1=*2014.Sur inary
PaYT011 Pr rjection °10t0112013- 012-614
7131120"13
Anticipated Payroll Due From County for FY 2014
Krueger, Shelly 26,775.60
Gabel,Kim 34,722.37
Bradigan-Betancourt,Alicia 24,134.72
Total payroll: 85,632.69 OK
TOTAL
Total Projected Due 85,632.69
Antici ated Payment Schedule*:
1 st Quarter Jantmamy 15 2014 21,408.17
2nd Quarter ApM '15 2014 21,408.17
3rd Quarter JIU�y 15 2014 21,408.17
4th Quarter October r 15 2014 21,408.17
Total: 85,63 .69"" OK
*Quarterly invoices will be based on actual expenses incurred
during the quarter.
,Please remit invoices to:
'UFIIFAS Monroe County Extension Services
1100 Simonton Street, Ste 2-260
, ey West, FL 33040
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AMENDMENT No.1 TO EXTENSION SERVICE
MEMORANDUM OF UNDERSTANDING
THIS AMENDMENT TO the Extension Service Memorandum of Understanding(MOU) is made and entered
into this 20th day of July,2011,between the Board of County Commissioners of Monroe County and University
of Florida.
WHEREAS,the parties entered into a MOU on October 1,2006,to establish,articulate and enhance the
collaborative relationship between the University of Florida,through the Institute of Food and Agrieu"l
Sciences,Extension Service(hereinafter referred to as"UNIVERSITY")and the Board of County Commissioners
(hereinafter referred to as"COUNTY").
WHEREAS,the MOU was established for a period of five years and will expire on September 30,2011.
VAMMAS,the parties desire to extend the MOU for another five years;now therefore,
IN CONSIDERATION OF the mutual covenants contained herein,The Parties agree as follows:
1. The contract entered into between the parties on October 1,2006,shall be amended as follows:
Article I of the MOU titled"Purpose"shall be revised to read the following:
"The Florida Extension Service was established as an integral part of the Institute of Food and
Agricultural Sciences(IFAS),University of Florida,for the public purpose of"extending"research-based
educational information from the University to the people of the State of Florida on subjects relating to
agriculture,aquaculture,family and consumer sciences,4-H youth development,environmental horticulture,
natural resources,Sea Grant,energy and other programs deemed necessary. The Florida Extension Service makes
the findings of research in these areas available to the people of Florida through the University of Florida,WAS,
Extension Service,in partnership with the Florida Counties Boards of County Commissioners."
To assure that educational programs meet the needs of local clientele,and comply with Title XLVIA
Chapter 1004,Section 100437 of the Florida Statutes,it is essential that the University of Florida,and the Board
of County Commissioners identify respective responsibilities.
This Memorandum of Understanding(hereinafter referred to as"AGREEMENT')establishes the
respective responsibilities of the University of Florida,through the Institute of Food and Agricultural Sciences,
Extension Service(hereinafter referred to as"UNIVERSITY")and the Board of County Commissioners
(hereinafter referred to as"COUNTY"). The purpose of this AGREEMENT is to specify the terms under which
the UNIVERSITY will provide personnel,educational,technical and research information to the COUNTY."
Article II of the MOU titled"Goals and Objectives"shall be revised to include:
"2. Distribute educational materials to the community.
3. Conduct equivalent outreach activities."
Article V of the MOU titled"Funding and Payments"shall be revised to include or update:
43. The UNIVERSITY will not charge Facilities and Administrative costs to the COUNTY.
4. Quarterly payments shall be cost reimbursable and based on actual payroll expenses incurred
during the quarter. Expected COUNTY payment due dates will be not later than 30 days after the
receipt of UNIVERISTY invoices. UNIVERSITY invoices will be issued in accordance to the
'Anticipated Payment Schedule' in Exhibit A. Each invoice must be accompanied by a cost
distribution report for the period being reimbursed for each employee along with a statement of
certification attesting to the accuracy and authenticity of the payroll expenses.
6. The policies established by the UNVERSITY in administering leave, including annual,sick,civil,
holiday and military leave,and regarding payment of unused annual and sick leave upon
separation,shall apply. Payments of Overtime Comp Cash Out(staff only),Special Comp Cash
Out(staff only),and December Leave Cash Out(Staff only),shall be shared based on the
respective proportionate amount of the staff member's total salary by the UNIVERSITY and
COUNTY. If necessary,a"Cash-Out Invoice"will be prepared in addition to normal quarterly
invoices in order to reimburse the UNIVERSITY for the COUNTY's portion of payment.
7. The COUNTY may elect to pay an annual salary supplement for extension personnel. The
COUNTY shall fund 100%of the salary supplement,including salaries,fringe benefits,and
worker's compensation,and will pay this sum to the UNIVERSITY during the COUNTY's
quarterly payment as indicated in Exhibit A. Any salary supplement will be included in the
annual County Budget Report that is sent to the UNIVERSITY each year. Upon receipt,if
needed,the UNIVERSITY will update the salary projections in Exhibit A and adjust the quarterly
billings to accommodate the salary supplement."
Article VI of the MOU titled"Period of Contract-Renewal—Modification"shall be revised:
"This AGREEMENT shall be effective as of October 1,2011 and shall continue through September 30,
2016,unless modified or terminated earlier. AT the time of expinition,this Agreement will be updated as
needed and resigned by both parties. This AGREEMENT may be modified at any time by mutual consent
of both parties herein above. Salary dollar figures in Exhibit A will be submitted annually to the COUNTY
for review and approval and the approved Exhibit A shall be incorporated annually into this amendment.
County's obligation to pay under this AGREEMENT is contingent upon an annual appropriation by the
BOCC."
Article Vill of the MOU titled"Liability"shall have the following statement omitted:
"The UNIVERSITY shall be solely liable for acts conducted by County Extension Faculty with joint
appointments since they are employed by the UNIVERSITY."
Article X of the MOU titled"Notices"shall be updated with the following address:
"UNIVERSITY OF FLORIDA
Division of Sponsored Research
219 Grinter Hall,PO Box 115500
Gainesville,FL 32611-5500"
2. All other provisions of the Agreement entered October 1,2006,not inconsistent herewith shall remain in
full force and effect.
IN WTINESS WHEREOF,the parties have caused these presents to be executed in their respective names on
the date first set above.
M"or Heather Carruthers
M r Pro Tern,David Rice v �
�o loner Sylvia Murphy vo
over George Neugent vp N
Ctia4 oner Kim Wigington v,, �c
a.
(SEAL) BOARD OF COUNTY COMMIM m
QNEI c�
,A#mst:DANNY L.KOLHAGE,Clerk OF MONROE �:' o
By _ W
o
Deputy Clerk Mayor
UNIVERSITY OF FLORIDA ;�'1 DOE CV
DIVISION OF S • D PROGRAMS AP OVI
By: nu !
6 `� - .:�•
EXTENSION SERVICE
MEMORANDUM OF UNDERSTANDING
THIS AGREEMENT entered into oil October_l 20.06 between MONROE COUNTY , a
political subdivision of the State of Florida and the UNIVERSITY OF FLORIDA, Board of Trustees.
WITNESSETII
WHEREAS, under the laws of the State of Florida (Title XLVIII, Chapter 1004, Section 1004.37)
and the Smith-Lever Act of May 8, 1914 (Chapter 38 Statute 372), the University of Florida is charged with
the dissemination of information on agriculture, family life, horticulture, natural resources and youth
development through its Cooperative Extension Service to the public in the State of Florida; and
WHEREAS, this function is performed through the Extension Service-United States Department of
Agriculture and a State staff of Extension Specialists and resident Extension workers in the State; and
WHEREAS, the University of Florida, Institute of Food and Agricultural Sciences, Cooperative
Extension Service is responsible for planning and implementing educational programs for businesses,
families, homeowners, and young people within Monroe County.
WHEREAS, said programs will be developed in Monroe County by County Extension Faculty
employed by the University of Florida working directly with local advisory committees to assure the
programs are effective and beneficial to Monroe County-, and
WHEREAS, the County Extension Faculty will utilize appropriate Extension personnel from the
University of Florida and educational methods including the program development process, area subject
matter information and other rnaterials or methods as deemed necessary by County Extension Faculty in
various program areas to conduct the aforesaid education programs.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein,
the parties hereto agree as follows:
ARTICLE I
PURPOSE
The purpose of this Memorandum of Understanding(hereinafter referred to as"AGREEMENT") is
to establish, articulate and enhance the collaborative relationship between the University of Florida, through
the Institute of Food and Agricultural Sciences, Extension Service(hereinafter referred to as
"UNIVERSITY") and the Board of County Commissioners (hereinafter referred to as "COUNTY"). The
purpose of this AGREEMENT is to specify the terms under which the UNIVERSITY will provide
personnel, educational, technical, and research information to the COUNTY,
This AGREEMENT states the desire of the UNIVERSITY and COUNTY to work cooperatively to
enhance the well being of the citizens of Monroe County, each carrying out their agreed upon
responsibilities. The Extension Service's mission is to focus on contemporary issues and the needs of the
people. It employs an interactive educational process involving the people in issue identification, priority
setting, program delivery and impact assessment. The UNIVERSITY and COUNTY will work together at
all times to mutually assist the other to benefit Monroe County residents,
The Florida Extension Service was established as an integral part of the Institute of Food and
Agricultural Sciences (IFAS), University of Florida, for the public purpose of"extending" research-based
educational information from the University to the people of the State of Florida on subjects relating to
agriculture, aquaculture, family and consumer sciences, 4-H youth development, environmental
horticulture, natural resources, Sea Grant, energy and other programs as deemed necessary.The Florida
Page I of 10
Extension Service makes the findings of research in these areas available t&the people of Florida thrOL101
the University of Florida, IFAS, Extension Service, in partnership with the Florida Counties Boards of'
County Commissioners.
This collaborative arranucincrit between State Extension Services and County Governments exist
throughout the United States. However, the details of the actual agreements are unique to each County to
assure that local riccds are properly addressed. Each McniorandUrn of Understanding is a resource that
explains these details for both elected and appointed officials of the State Extension Service and the
respective Board of County Commissioners.
To assure that educational programs meet the needs of local clientele, and comply with Titic
XLVIII, Chapter 1004, Section 1004.37 of the Florida Statutes, it is essential that the UNIVERSITY and
COUNTY identify respective responsibilities.
ARTICLE 11
GOALS AND OBJECTIVES
1, Implement and evaluate public education plans that target businesses, homeowners, residents, youth,
con-irriercial industry associations, pest control applicators, agency personnel and community groups.
1 Increase knowledge of audiences so they will be empowered to solve problems and implement
practices based oil the best scientific inforniation available.
ARTICLE III
TERMINATION OR ADJUSTMENT OF POSITION AND SERVICES
This AGREEMENT may be terminated at will by either party giving one year written notice.
ARTICLE IV
RESPONSIBILITIES
I. Responsibilities of UNIVERSITY.
A. With respect to County Extension Faculty(County Extension Faculty with joint state-county, state
or county courtesy appointments, hereinafter referred to as "Extension Faculty", UNIVERSITY
shall:
1. Establish ininimurn employment requirements and qualifications for Extension Faculty.
2. Recruit, interview and screen candidates for employment as Extension Faculty.
3. Recorrunend to the COUNTY qualified applicants for appointment to vacant or new Extension
Faculty positions in accordance with the provisions of Title XLVIII, Chapter 1004, Section
1004.37, Florida Statutes.
4. Jointly with the COUNTY, establish the total amount of the starting base salaries of Extension
Faculty and the respective proportionate share of salaries and fringe benefits.Typically the
UNIVERSITY pays 60 percent and the COUNTY pays 40 percent of the salary of each
County Extension Faculty with a joint state-county appointment.
5. Pay UNIVERSITY's proportionate share of the salaries and fringe benefits of Extension
Faculty with joint or state appointments as specifically set out in Article V and Exhibit A.
6. The UNIVERSITY will determine the total dollar amount of cost of living, merit, and rank
promotion salary increases and submit the figure to the COUNTY annually through Exhibit A
as per Article V.
B. With respect to management and administration, Extension shall:
1. Through the County Extension Director, prepare and submit an annual budget request to the
Board of County Commissioners for the County's share of funds for salaries, operating
expenses, equipment, and other program support for Extension work in the county.
Page 2 of 10
2. Provide in-service trainin- for Extension Faculty and to provide funds for official travel to such
training and other Extension out-Of-COUllty program development mectings.
Z� Z� zn
1 Provide a staff of state Extension Specialists to train Extension FaCUlty ill CLUTC11t WC1111010(l)l
and to assist Extension Faculty ill the conduct of educational programs in these areas.
4, Provide Extension Faculty with official Extension stationery, envelopes, educational materials,
including access to the IFAS computer network and software, and postage to the extent the
Extension budget will allow.
J. Develop and administer a personnel management plan for County Extension Faculty that will
provide for all annual revieNv of each County Extension Agent's performance, including the
e� Z�
County Extension Director, whose performance will be jointly evaluated by the District
Extension Director and the Monroe County Administrator or designee.
6. Provide general administrative and Supervisory leadership for Extension programs and
tD
personnel, in compliance with state and federal Affirmative Action and Equal Employment
Opportunity requirements.
7. Develop and maintain a "grass-roots" County Advisory Committee system to ensure that
Extension programs are based oil the needs and priorities of the people ill Monroe County,
11. Responsibilities of COUNTY.
A. With respect to broad program authorization, all Extension programs within the COUNTY are
subject to COUNTY authorization and approval. Substantive program changes (additions,
deletions, etc.) are subject to COUNTY approval prior to implementation, and the COUNTY may
eliminate or otherwise alter any program as the COUNTY deems appropriate.
B. With respect to Extension Faculty, the COUNTY shall:
I Participate in the employment of Extension Faculty in accordance with the provisions of'fltle
XLVIII, Chapter 1004, Section 1004.37, Florida Statutes.
2. Pay the County's proportionate share of the salaries and fringe benefits of the Extension "acuity
as specifically set out ill Axticle V and Exhibit A.
C. With respect to management and administration, the COUNTY shall:
1. Review and consider the arinual departmental budget requests from UNIVERSITY and take
action thereon as the COUNTY may deem appropriate,
Provide salaries and fringe benefits for County Courtesy Extension Faculty, clerical,
maintenance and other support personnel as the COUNTY may deem appropriate for effective
operation of the Extension office.
1 Provide office space, support personnel, equipment, supplies, utilities, demonstration
materials, and funding and/or vehicles for official county travel (both ill-COLinty and out-of
county), and other operational needs for the County Extension office as the COUNTY may
deem appropriate.
111, General Provisions.
A. Management and administration:
I. Extension Faculty shall follow COUN,rY policies relative to office hours and holidays.
2. All Extension Faculty appointments will be made cooperatively in accordance with Title
XLVIII, Chapter 1004, Section 1004.37, Florida Statutes.
1 UNIVERSITY and COUNTY will cooperate in coordinating Equal Employment Opportunity
plans for Extension in the county.
4. The parties' respective involvement in funding multi-county Extension Faculty appointments
will be negotiated on a case-by-case basis,
5. The County Extension Director is responsible for operating this department under the joint
direction of the County Administrator or designee and the University of Florida Extension
Service Dean of Extension or designee.
6. Extension Faculty are professional employees exempt from the provisions of the Fair Labor
Standards Act.
T Extension Faculty with joint appointments will participate in UNIVERSITY insurance policies
including life, health, accident and other policies. County Courtesy Extension Faculty, as
county employees would be fully covered by the COUNTY insurance and retirement programs.
Page 3 of 10
ARTICLE V
FUNDING AND PAYMENTS
I COUNTY agrees to pay the UNIVERSITY sums as indicated in Exhibit A towards salary expenses.
This total sure represents the COUNTY's share of funding Extension employee's salary and fringe
benefits as outlined by I-Lxhibil A. This salary expense contract is on a cost reimbursable basis,
2. Salaries outlined in Exhibit A will be modified and submitted to the COUNTY annually by the
UNIVERSITY no later than October I of each year. However, whenever possible Exhibit A will be
submitted to the COUNTY earlier for inclusion and approval thl-01.1-h the COUNTY annual budgetary
process. Exhibit A is an estimate of projected salary expenses for the year and shall not require a
separate written addendum to this agreement in order to implement armual chancres in salaries and
related fringe benefits. Actual expenses may vary during the year due to vacancies, mid-year
promotions, new hires or unexpected increases in fringe benefit costs.
3. Quarterly invoices submitted by the UNIVERSITY to the COUNTY should be sent directly to the
Monroe County Extcnsion Office address on record at the UNIVERSITY. The address as of the date
of this AGREEMENT is:
Attn: County Extension Director
UF/Monroe County Extension Service
1100 Simonton Street, Suite 2-260
Key West, FL 33040
Phone: 305-292-4501
4. Quarterly payments shall be cost reimbursable and based on actual payroll expenses incurred during
the quarter. Expected COUNTY payment due dates will be no later than 30 days after the receipt of
UNIVERSITY invoices, UNIVERSITY invoices will be issued according to the 'Anticipated
Payment Schedule' in Exhibit A. Each invoice must be accompanied by a payroll journal for the
period being reimbursed for each employee along with a statement of certification attesting to the
accuracy and authenticity of the payroll expenses.
5. The policies established by the UNIVERSITY in administering leave, including annual, sick, civil,
holiday, and military leave, and regarding payment of unused annual and sick leave upon separation,
shall apply. Payments of unused leave shall be shared based on the respective proportionate amount
of the faculty member's total salary by the UNIVERSITY and COUNTY. If necessary, a "Leave
Cash-Out Invoice" will be prepared in addition to normal quarterly invoices in order to reimburse the
UNIVERSITY for the COUNTY proportion of leave payments,
ARTICLE VI
PERIOD OF CONTRACT- RENEWAL-MODIFICATION
This AGREEMENT shall be effective as of October 1, 2006 and shall continue through September
30, 2011, unless terminated earlier. At the time of expiration, this AGREEMENT must then be updated as
needed and re-signed by both parties. The AGREEMENT may be modified at any time by written mutual
consent of both parties. Monroe County's performance and obligation to pay under this multi-year
AGREEMENT is contingent upon an annual appropriation by the BOCC.
Page 4 of 10
ARTICLE VII
MAINTENANCE OF RECORDS
The UNIVERSITY will keep adequate records and supporting documentation applicable to this
contractual matter. Said records and documentation will be retained by the UNIVERSITY for a rnininlUln
of five (5) years from the date ofterinination of this AGREEMENT. The COUNTY and its authorized
agents shall have the right to audit, inspect and copy all such records and documentation as often as the
COUNTY deeiris necessary di-iring the period of this AGREEMENT and during the period of five(5) years
thereafter; providin.-, however, such activity shall be conducted only during normal business hours, The
COUNTY during the period of time expi-cssed by the preceding, sentence shall also have the right to obtain
a copy of and otherwise inspect any audit inade at the direction of the UNIVERSITY as concerns the
aforesaid records and documentation.
ARTICLE VIII
LIABILITY
The UNIVERSITY shall be solely liable for acts conducted by County Extension Faculty With joint
appointments since they are employed by the UNIVERSITY. The UNIVERSITY assumes any and all risks
of personal injury and property damage attributable to the negligent acts or omissions of the University of
Florida and the officers, employees, servants and agents thereof while acting within the scope of their
employment by the University, The COUNTY assumes any and all risks of personal injury and property
damage attributable to the negligent acts or omissions of COUNTY and the officers, employees, servants
and agents thereof while acting within the scope of their employment by the COUNTY. The
UNIVERSITY, as a state agency, warrants and represents that it is self-funded for liability insurance, both
public and property, with said protection being applicable to officers, employees, servants and agents while
acting within the scope of their employment by the UNIVERSITY, COUNTY warrants and represents that
it is self-funded for liability insurance, both public and property with such protection being applicable to
officers, employees, servants and agents while acting within the scope of their employment by COUNTY.
The UNIVERSITY and COUNTY further agree that nothing contained herein shall be construed or
interpreted as (1) denying to either party any remedy or defense available to such party under the laws of
the State of Florida-, (2)the consent of the State of Florida or its agents, agencies, and subdivisions, to be
sued; or(3) a waiver of sovereign immunity of the State of Florida or its agents, agencies, and subdivisions,
beyond the waiver provided in Section 768.28, Florida Statutes.
ARTICLE IX
CONTRACTUAL REQUIREM=
I UNIVERSITY shall maintain all books, records, and documents directly pertinent to performance
under this AGREEMENT in accordance with generally accepted accounting principles consistently
applied. Each party to this AGREEMENT or their authorized representatives shall have reasonable
and timely access to such records of each other party to this AGREEMENT for public records
purposes during the term of the AGREEMENT and for five years following the termination of this
AGREEMENT. If an auditor employed by the County or Clerk of the Court determines that monies
paid to the UNIVERSITY pursuant to this AGREEMENT were spent for purposes not authorized by
this AGREEMENT, the UNIVERSITY shall repay the monies together with interest calculated
pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid to the
UNIVERSITY.
2. Governing Law, Venue, Interpretation, Costs, and Fees. This AGREEMENT shall be governed by
C,
and construed in accordance with the laws of the State of Florida applicable to contracts made and to
be performed entirely in the State.
Page 5 of 10
3 Binding, Effect. The terms, covenants, conditions, and provisions of this AGREEMENT shall bind
and inure to the benefit of the COUNTY and UNIVERSITY and their respective legal
representatives, successors, and assigns.
4, Nondiscrimination. C( TY and UNIVERSITY a-ree that there will be no discrimination aunlinst
any person, and it is expressly understood that upon a determination by a Court of competent
jurisdiction that discrimination has occurred, this AGREEMENT automatically terminates without
any further action on the part of any party, effective the date of the court order. COUNTY and
UNIVERSITY agree to comply with all Federal and Florida Statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of
Civil Rights Act off 964 (PL 88-352) which prohibits discrimination on the basis of race,color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. I 6S I-
1683, and 1685-1686), which prohibits discrimination on the basis of scx; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis
of handicaps; 4)The Age Discrimination Act of' 1975, as amended (42 USC ss. 6101-6107) which
prohibits discrin-iination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972
(PL 92-.255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The
Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)Title
VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; 9)The Americans with Disabilities Act of 1990 (42 USC s.
1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of
disability; 10) prohibiting discrin-imation on the bases of race, color, sex, religion, disability, national
origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any
other nondiscrimination provisions in any Federal or State Statutes which may apply to the parties to,
or the subject matter of, this AGREEMENT.
5. Covenant of No Interest, COUNTY and UNIVERSITY covenant that neither presently has any
interest, and shall not acquire any interest, which would conflict in any manner or degree with its
performance under this AGREEMENT, and that only interest of each is to perform and receive
benefits as recited in this AGREEMENT,
6. Code of Ethics. COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of`conduct for public officers and employees as delineated in
Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts;
doing business with one's agency; unauthorized compensation-, misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
T No Solicitation/Payment. The COUNTY and UNIVERSITY warrant that, in respect to itself, it has
neither ernployed nor retained any company or person, other than a bona fide employee working
solely for it, to solicit or secure this AGREEMENT and that it has not paid or agreed to pay any
person, company, corporation, individual, or firm, other than a bona fide employee working solely for
it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the
award or making of this AGREEMENT. For the breach or violation of the provision, the
UNIVERSITY agrees that the COUNTY shall have the right to terminate this AGREEMENT without
liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of
such fee, commission, percentage, gift, or consideration.
S. Public Access. The COUNTY and UNIVERSITY shall allow and permit reasonable access to, and
inspection of', all documents, papers, letters or other materials in its possession or under its control
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and
UNIVERSITY in conjunction with this AGREEMENT,- and the COUNTY shall have the right to
unilaterally cancel this AGREEMENT upon violation of this provision by UNIVERSITY.
Page 6 of 10
9. Non-Waiver of Immunity. NotwithstandingL, the provisions of Section 768.28, Florida Statutes, dIC
participation of"the COUNTY and UNIVERSITY in this AGREEMENT and the acqUiSitiOn Of
commercial liability insurance coverage, self-insurance coverage, or local government liability
insurance pool coverage shall not be cleemcd a waiver or immunity to the extent orhabil,
t� liability covcra2c.
nor shall any contract entered into by the COUNTY be rccluired to contain any provision for waiver.
10. Privileges and In-imunities. All of the privileges and immunities from liability, exemptions from
laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other
benefits which apply to the activity of officers, al.lycrits, Or employees of any public agents or
employees of the COUNTY, when performing their respective functions 1.111dCr this AGREEMEN'I
within the territorial limits of the COUNTY shall apply to the same degree and extent to the
performance of'such functions and duties of such officers, agents, Volunteers, or employecs Outside
the territorial limits of the COUNTY.
11. Legal Obligations and Responsibilities and Non-Delegation of Constitutional Or Statutory Duties.
This AGREEMENT is not intended to, nor shall it be construed as, relieving any participating entity
from any obligation or responsibility imposed upon the entity by law except to the extent of actual
and timely performance thereof by any participating entity, in which case the perforniance may be
offered in satisfaction or the obligation or responsibility. Further, this AGREEMENT is not intended
to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of
the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law.
12. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of
their, of this AGREEMENT' to enforce or attempt to enforce any third-party claim or entitlement to
or benefit of any service or program contemplated hereunder, and the COUNTY and UNIVERSITY
agree that neither the COUNTY nor the UNIVERSITY or any agent, officer, or employee of either
Z__ r�
shall have the authority to inform, counsel, or otherwise indicate that any particular individual or
group of individuals, entity or entities, have entitlements or benefits under this AGREEMENT
separate and apart, interior to, or Superior to the community in general or for the purposes
contemplated in this AGREEME.NT.
11 No Personal Liability. No covenant or AGREEMENT contained herein shall be deerned to be a
covenant or AGREEMENT of any member, officer, agent or employee of COUNTY in his or her
individual capacity, and no member, officer, agent or employee of COUNTY shall be liable
personally on this AGREEMENT or be subject to any personal liability or accountability by reason of
the execution of this AGREEMENT.
14, Execution in Counterparts. This AGREEMENT may be executed in any number Of Counterparts,
each of which shall be regarded as an original, all of which taken together shall constitute one and the
0
sarne instrument and any of the parties hereto may execute this AGREEMENT by signing any such
counterpart,
15. Section Headings, Section headings have been inserted in this AGREEMENT as a matter of
convenience of reference only, and it is agreed that Such section headings are not a part of this
AGREEMENT and will not be used in the interpretation of any provision of this AGREEMENT,
Page 7 of 10
ARTICLE X
NOTICES
Any notice, request, demand, consent approval or other communication required Or per-rnittCd
by this AGREEMENT shall be Liven or made in writim,0 and shall be served (as elected by Ilic part`
giving such notice) by one of the following methods: (i) hand delivery to the other part),, ii) deliv
C� c ( I cry
by commercial overnight courier service; or(iii) mailcd by registered or certified mail (postage
prepaid), return receipt requested. For the purposes of`notice the addresses are:
To County: To University:
MONROE COUNTY BOCC UNIVERSITY OF FLORIDA
County Adi-ninistrator Division of Sponsored Research
1100 Sinionton Street 216 Grinter Hall, PO Box 115500
Key West, FL 33040 Gainesville, Fl, 326 1 1-5500
and copied to and copied to
MONROE COUNTY ATTORNEY UNIVERSITY OF FLORIDA
1110 Box 1026 IFAS Sponsored Programs
Key West, FL 33041-1026 G022 McCarty I lall-D, PO Box I 10 110
Gainesville, FL 32611-0110
and copied to and copied to
MONROE COUNTY CLERK OFTI-IE COURT UNIVERSITY OF FLORIDA
500 Whitehead Street IFAS District Extension Office
Key West, FL 33040 1062 McCarty I fall D, PO Box 110220
Gainesville, FI. 326 1 1-0220
This AGREEMENT shall be effective on October I. 2006
APPROVED BY:
FOR COUNTY:
14 mv za
I ...............
MAYOR, MONROE C(7U ' Y DATE
BOARD OF COUNTY C( MISSIONERS
APPROVED AS TO F �M AND LEGALITY:
M04NRO OUNTY�A'f- RNEY DATE
ATTE ': NOV 1 5 2006
..M ..........................ONROE COUNTY CLERK OF THE COURT DATE
ji,oiz,rilE UNIVERSi'm
UNIVERSITY 0 LORIDA DATE
DIVISION OF ONSORED PROGRAMS
Brand! K Bonifac,-
Assistant Director of Re,,earlh
Page 8 of']0
EXHIBIT A
(Pate I of 2)
Monroe County Grant
FY 2007 Summary
Salary Projection 10/01/2006 - 9/30/2007
Anticipated Payroll Due From County for FY 2007:
Gregory, Doug 46,692.76
Gabel, Kim 28,390.75
Coldicott, Kim 27,940.55
Brad iga n-Beta ncou rt, Alicia 19,043.30
Total payroll costs: 122,067.36
Anticipated Payment Schedule*:
Period Invoice Date** Amount
1st Quarter January 7, 2006 30,516.84
2 nd Quarter April 7, 2007 30,516.84
3 rd Quarter July 7, 2007 30,516.84
4 th Quarter October 7, 2007 30,516.84
Total Due From County: 122,067.36
Quarterly invoices will be based on actual expenses incurred during the quarter.
Invoices must be mailed out by University using commercial overnight courier
(i.e. FedEx /UPS) by no later than the dates indicated above.
Page 9 of 10
EXHIBIT A
JL,,i oe 2 of 21
State County Total
Gregory,Doug Percentage 60.000% 40.000% 100.00%
10101/2006-9130/2007 Salary 53,986.01 35,990.67 89,976.68
FICA Medicare/7.65% 4,129.93 2,75129 6,883.22
ORP Retirement/10.43% 5,630.74 3,75183 9,384.57
Health Ins urance/Family/$8591.04(10/2006-02/2007) 2,147.76 1,431,84 3,579.60
Health lnsurarice/Family/$9451.20(0312007-10/2007) 3,307.92 2,205.28 5,51120
Life/.45% 242.94 161.96 404.90
Worker's Cornp-.98%/Unern Comp-12% 593.85 395.90 989.74
Grand Totals 70,039.14 46,692 76 116,731.90
Giregory,Doug Total Due from
Cty 46,692J6
State County total
Galbell,Klm Percentage 60.000% 40.000% 1 0a 00%
10101/2006-9/30/2007 Salary 33,403.52 22,269.01 55,672.53
FICA Medicare/7,65% 2,555.37 1,703.58 4,258.95
ORP Retirement/10.43% 3,483.99 2,322.66 5,806.64
Health Ir-isurance/Singlet$4,153.92(1012006-0212007) 1,038.48 69132 1,730.80
Health Insurance/Singlel$4,534.32(0312007-10/2007) 1,587.01 1,058.0-1 2,645.02
Ufe/.45% 150.32 100.21 250.53
Worker's Comp-.98%/Unern Comp-.12% 367.44 244.96 612.40
Grand Totals 42,586.12 28,390.75 70,976.8-7
Gabel,Kirn T6taI D 6e from
,Cty 28,390,75
State County total
Coldlcott,Klm Percentage 65.000% 35.000% 100-00%
1010112006-9/3012007 Salary 40,997.50 22,075.56 63,07108
FICA Medicare/7.65% 3,136.31 1,688.78 4,825 09
ORP Retirement/10.43% 4,276.04 2,302.48 6,578 52
Health Ins urance/Si ngl e/$4,153.92(10/2006-02J2007) 1,125.02 605.78 1,73080
Health Ins urance/Si ngle/$4,534.32(03/2007-10/2007) 1,719.26 92516 2,645.02
Life Insuranc&.45% 184.49 99.34 283.83
Worker's Comp-.981%/Unern Cornp-.12% 450.97 242.83 69380
Grand Totals 51,889.59 27,940.55 79,83015
Coldicott,Kim Total bu'e"'k`om'
27,940.55
State County total
Bradligan-'Betancourt,A11 Percentage 70,000% 30.000% 100.00%
10101/2006-9130/2007 Salary 33,850.95 14,507.55 48,358.50
FICA Medicare/7.65% 2,589,60 1,109.83 3,699.43
ORP Retirement/10.43% 3,530.65 1,513.14 5,043.79
Health Insurance/Spouse/$5375.52(1012006-02/2007) 1,567.86 671.94 2,239.80
Health Insurance/Spouse/$5805.60(03/2007-1012007) 2,37062 1,015M 3,386.60
Life Insurancel.45% 152.33 65.28 217.61
Worker's Comp-.98%/Unem Cornp-.12% 372.36 159.56 531.94
Grand Totals 44,434.37 19,04130 63,477.67
Bra digan-Beta ncourt,Alicia total Due from
Cty. 19,043.30
Page 10 of 10