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FY2006-2016 1st Amendment 07/20/2011 DANNYL. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: July 29, 2011 TO: Doug Gregory, Director Extension Services Division ATTN: Dawn Thomas FROM: Isabel C. DeSantis Deputy Clerk At the July 20, 2011, Board of County Commissioner's meeting the Board granted approval of Item C7 execution of Amendment 1 to the University of Florida and Monroe County Extension Services Memorandum of Understanding (MOU) to extend the expiration date from September 30, 2011 until September 30, 2016. Enclosed is a duplicate original and a copy of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File 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 Agricultural 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. WHEREAS,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 XLVIII, Chapter 1004,Section 1004.37 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: "3. 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 expiration,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 VIII 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 WITNESS WHEREOF,the parties have caused these presents to be executed in their respective names on the date first set above. .� ., 'cy ya==`°v ;, j1VIa or Heather Carruthers. F c L—Mayo Pro Tem David Rice. Yp s �r-= ;l 1,-,r` `�; 7 ',C�om issioner Sylvia Murphy Ye S J 'SriCoi�i ssioner George Neu gent v .', N }, "� t � g e s -11 D { • " .] E ' Co m ssioner Kim Wigington VP e q `� 7-13 ▪ fA ,o 1 t_. :' i (• ram ,n !. _ 'i BOARD OF COUNTY COMMISSION rn EI 1a�, Attest:DANNY L.KOLHAGE,Clerk OF MONROE C s FLORIDA — c) By ait. C, • L i ,944.�1/ By ial+iir _- .'.. ,4. v:r CD Deputy Clerk Mayor UNIVERSITY OF FLORIDA ;o;'l of co!" . , T '•:; :-:Y DIVISION OF S' : ' .O'• D PROGRAMS APP OVE' 7 By: _ii%/sx/- .r,t,rTON