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Item F36BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 17, 2015 Department: Extension Services Bulk Item: Yes X No Staff Contact /Phone #: Alicia Betancourt / 453-8747 AGENDA ITEM WORDING: Approval to hire a Community Resource Development (CRD) Agent to report directly to the Extension Director. ITEM BACKGROUND: This position came out of discussions with Extension Advisory Committees and County administration. It will focus on small business development including: retention and expansion of existing businesses, attraction of new businesses, entrepreneurship development, and public grants and projects. Justification includes: lack of existing county economic development office, high business turnover rate (greater than 20%), and an ability to increase the business tax base. As with all University of Florida/IFAS/Monroe County Extension Agents, this position would adhere to the University of Florida (UF) / Monroe County Memorandum of Understanding (MOU) that outlines the support Monroe County provides which includes a portion of each agent's salary (30-40%), office - operating expenses including office space, county vehicle use, and limited travel. 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: Budgeting for this position in the 2016 county portion of the MOU has been addressed with County Administration and OMB; however the Extension budget for 2017 would be potentially increased by approximately $23,000 - $30,000 per year. STAFF COMMENDATIONS: Approval of a new University of Florida full-time equivalent (UF- FTE) state employee. TOTAL COST: $ To Be Determined INDIRECT COST:BUDGETED: f DIFFERENTIAL OF LOCAL PREFERENCE: III 1�+� i� 1 1 1 Approx.111 1111 1 1 1' Revenue VENUE PRODUCING: Yes No X APPROVED Y: County Attorney Included X 11 a Revised 6/15 AMOUNT1 " - Year r OMB/Purchasing'Risk Management AGENDA ITEM #_� skills, familiarity working in political settings, and experience in creating a vision and getting buy -in from others. Other qualities/skills include evidence of good collaborations and partnerships with community agencies and groups. Knowledge of, or experience with, small business administration agencies and local Chambers of Commerce is desirable. The agent will assume other responsibilities as assigned by the County and District Extension Directors. Candidates must have the ability to design, teach, and conduct community -based educational programs, manage volunteer systems, and apply experiential education and community development methods. He/she must possess qualities of resourcefulness, flexibility, creativity, enthusiasm and innovativeness; have excellent verbal and written communication skills; be able to work independently with minimal supervision; work program management functions. Experience working in multicultural settings and coursework/training on multicultural topics are desirable. The agent must have ability to work effectively with a diverse audience including minority, community leaders, media and the general public. The ability to work with community organizations, agencies and their leaders to develop collaborative programming is necessary. The agent must be willing to work hi -regular hours and weekends with occasional to frequent overnight travel. This position requires successful completion of a background check and a physical examination, including passing a substance screening. The successful candidate must have personal vehicle, and be able to obtain and maintain a Florida Driver's License. Extension programming is a cooperative undertaking between the counties and the Institute of Food and Agricultural Sciences (IFAS) at the University of Florida. As such, both partners are involved in the supervision of the office and both contribute to the salary and support resources. The successful candidate will follow all University of Florida and Counties' policies and procedures and will report to the County Extension Director and the Director of the UFAFAS/South Florida Extension District. The successful candidate will be a faculty member of the University of Florida Institute of Food and Agricultural Sciences. The office location for this position will be in Key West. Exhibit "A" - PROPOSED 2015 Payroll Budget Anticipated Payroll Due From ,County for FY 2015 Krueger, Shelly 27,578.87 Gabel,Kim 35,322.28 Bradigan-Betancourt,Alicia 28,333.38 Total payroll: $ 91,234.53 OK TOTAL Total Projected Due 91.234.53 r,~pr� . vy...cna aavnsara r.w st Quarter January 15 2015 22,808.63 nd Quarter April 15 2015 22,808.63 rd Quarter July 15 2015 22,808.63 th Quarter October 15 2015 22,808.63 Total:I _ 9 3 .53 Quarterly invoices will be based on actual expenses incurred during the quarter. Please remit invoices to: OF/IFAS Monroe County Extension Services 1100 Simonton Street, Ste #2-260 Key West, FL 33040 I Monroe County Grant Payroll Dedapa Payroll Projection 1010112014 - 9/3 M15 16863399 State County Total 3% Margin Krueger, Shelly Percentage 60.000% 40.000% 100.00% Salary 31,800.00 21,200.00 $53,000.00 Faculty Pool Rate: Pooled Fringe 8,363.40 5,575.60 13,939.00 26.30% Grand Totals 40,163.40 26,775.60 $66,939.00 Krueger, Shelly Em Annual: $53,000,00 26,775.60 27,578.67 Position 0001-5740 96546560 State County Total Margin Gabel,Klm Percentage 60.000% 40.000% 100.00% Salary 40.728.61 27,152.40 $67,881.01 Faculty Pool Rate: Pooled Fringe 10,711.62 7,141.07 17,852.71 20.30% Grand Totals 51,440.23 34,293.48 85,733.72 Gabel,Kim Annual: $ 7,88 .01 34.293.48 35,322.28 Position 0001-3983 48977876 State County Total 3% Margin Bradlgan-Betancourt,Allcla Percentage 70,000% 30.000% 100.000/0 Salary 50,820.00 21,780.00 $72,600.00 Faculty Pool Rate: Pooled Fringe 13,365.66 5,728.14 19,093.80 26.30% Grand Totals 64,185.66 27,508.14 91,693.80 Bradigan-Betancourt,Alicia Annual: $72,600.00 27,508.14 28,333.38 Position 0001-4649 Monroe Total Salary: $ 88,577.22 $ 91,234.53 UF IFAS Extens ion UNTVERSITY of FLORIDA UF/EFAS/Monroe County Extension Services 1100 Simonton Street, Suite 2-260 Key West, FL 33040 Phone: (305) 2924501 Fax: (305) 2924415 E-mail: too .ifas.ufl.edu Websitc - hgff.//monroe.ifas.ufl.edu DATE: 10/26/2015 BOARD OF COUNTY COMMISSIONERS Mayor Danny Kolhage, District I Mayor Pro Tem Heather Carruthers, District 3 George Neugent, District 2 David Rice, District 4 Sylvia Murphy, District 5 Administrator, Mayor and Commissioners, For the first time in many years UF is offering to support a new position for Monroe County Extension as a result of several years of work by myself, Debbie Frederick and Dr. Joe Schaefer (our UF district director). This position description came out of discussions with our advisory committees and county staff. It will be a community resource position focused on small business development including; retention & expansion of existing business, attraction of new business, entrepreneurship development, and public grants and projects. Justification for this position includes; lack of existing county economic development office, high business turnover rate (greater than 20%) and an ability to increase business tax base. What you might see programmatically from this position are workshops such as; business plan development, marketing, SBA loan applications, business financial planning and business diversification. Our county staff has been charged in past years with coordinating SBA VA 1W gwilm go W TICITUESN' portion of each agent's salary (30-40%), office operating expenses including office space, vehicle use and limited travel. Budgeting for this position in the 2016 county portion has been addressed with administration and OMB however the Extension budget for 2017 would be potentially increased by approximately $23,000- 30,000 per year. In simple terms the county gets one expert working in our community for a fraction of the cost and minimal responsibility. I hope that you will support this position which will be requested on the November BOCC agenda. I value your business experience and hope that you will contact me with any suggestions; questions or concerns about moving fbrward with this type of position please call me or stop by my office to chat, 305-797-1086. Thank you for your time, sincerely UF IFAS Monroe County Extension Director Alicia BetancourL OF and Monroe County Extension is an Equal Employment Opportunity Affirmative Action Employer authorized to provide research, educational information and other services only to individuals and institutions that function with non-discrimination with respect to race, color, religion, gender, disability, sex, sexual orientation, marital status, national origin, political opinions or affiliations, THIS AGREEMENT entered into on October 1, 2006 - between MONROE COUNTY political subdon of the State of Florida and the UNIVERSITY OF FLORIDA, Board of Trustees. EVREFRwiffu WHEREAS, under the laws ofthe State of Floridaf Title XLVIII, Chapter 1004, Scctioti 10,04.37) and the Smitli-Lever Act of May 8, 1914 (Chapter 38 Statute 372), the University of Florida is charged with C the dissemination of inforrriation on agricullture, family life, horticulture, natural resources and youth development through its Cooperative Extension Service to the public in the State of Florida,i and WHEREAS, this function is performed through the Extension Scrvice-United States Department or Agriculture and a State staff of Extension Specialists and resident Extension workers in the Staw, and WHEREAS, the University or Florida, Institute of Food and Agricultural Sciences, Cooperative Extension Service is responsible for planning and iinplementing 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, arcasubjcct matter information and other materials or methods as deemed necessary by County Extension Faculty in various program areas to conduct the aforesaid education programs. NOW, THEREFOR-E, in consideration of the mutual covenants and provisions contained herein, the parti es hcreto agree as fo I lows -1 0"401,41 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 AGRE EMEN`F 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 pmccss 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, envirom-nental horticulture, natural resources, Sea Grant, energy and other programs as deemed necessary. The Florida WMEMUM Mmo7z", vw�;m ninwro MMMMM'T the University of Florida, IFAS, Extension Service, in partnership willi the Florida Counties Boards of County Commissioners. This collaborative arrangement between State Extension Services and County Govcrnmenis cxisl throughout the United States. However dic dctaib� Offlic assure Iliat local needs are properly addressed, Each Memorandum of Understatidin,, is it resource that explains these details for both elected and appointed officials of the Stale Extension Service and the respective Board ofCounty Commissioners, To assure that educational progranis meet the needs of local clientele, and comply will] Tillu XLVIII, Chapter 1004, SecLioij 1004.37 ofthe Florida Statutes, it is essenlial that the LJNIVERSITY and COUNTY identif� respective responsibilities. ARTICLE 11 GOALS AND OBJECTIVES I Implement and evaluate public education plans that target businesses, homeowners, residents, youth, commercial industry associations, pest control applicators, agency personnel and community groups. 2. Increase knowledge oraudiences so they will be empowered to solve problerns and implement practices based on the best scientific information available. ARTICLE III TERMINATION OR ADJUSTMENT OF POSIT[Qb!J.U,_* SE1VIC W-1 M101 I M WIM419 - 1. Responsibties of UNWERSITY, A. With respect to County Extension Faculty (County Extension Faculty with joint statc-county, state or county courtesy appointments, hereinafter refmcd to is "Extension Faculty", UNIVERSITY shall: I . Establish minimum employment requirements and qualifications for E_xtension Faculty, Recruit, interview and screen candidates for employment as Extension Faculty. 3. Recommend to the COUNTY quali Fled 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 or the starting base salaries of Extension Faculty and the respective proportionate share of salaries and fringe benefits. Typically (lie 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 detennine the total dolkir 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-, I . Through the County Extension Director, prepare and submit an annual budget request to the Board of County Con-unissioners for the County's share of funds for salaries, operating expenses, equipment, and other program support for Extension work in the county, t I I 1 Provide in-service training fbi- Extension Faculty and to provide 111nds for oflicial tFaVC1 to AlCh training and other Extension out -of -county program development inectingm 3. Provide a sta rf of state Extension Specialists to train Extension Faculty ni Current leclinolog) and to aqsisl FxIcniion Faculty in the conduct oreducinional programs ill thesearcas. 4. Provide Extension Faculty with official Extension stationery. ciivclopes. edUCational initerials, including acccs� to the IFAS computer network and software, and postage to tile extent tile Extension budget will allow. 5, Develop and administer a personnel management plan [or County Extension Faculty that will provide for an annual review ofeach County Extension Agent's performance, InClUdint, the County Extension Director, whose performance will bejointly evaluated by tile District Extension Director and the Nlonroc County Administrator or designee, 6, Provide general idministrative and supervisory leadership for I.I-xtcnsioii program% zand personnel, in compliance with state and federal A ffirmative Action and Lqual Employment Opportunity requirements. 7. Develop and maintain a "grass -roots" County Advisory Committee systern to ensure that Extension programs are based oil tile needs and priorities of the people in Monroe County. Fl. Responsibilities of COUNTY. A, With respect to broad program authorization, all Extension programs within the COUNTY are subject to COUNTY authorization and approval. Substantive prograin changes (additions, deletions, ctc.) arc subject to COUNTY approval prior to implementation, and the COUNTY may eliminate or othenvise alter any program as the COUNTY deems appropriate, 13,With respect to Extension Faculty, the COUNTY shall: I Participate in the employment of Extension Faculty in accordance with the provisions of Till XLVIll, Chapter 1004, Section 1004.37, Florida Statutes. 2o lIny the County's proportionate share of the salaries and fringe bcncFit5 of the Extension Facul as specifically set out in Article V and Exhibit A. C. With respect to management and administration, the COUNTY shall: I . Review and consider the annual departmental budget requests from UNIVERSITY and take action thereon as the COUN`fW may deem appropriate. Provide salaries and fringe benefits for County Courtesy Extension Faculty, clerical, maintenance and other support personnel as tile COUNTY may deem appropnate for effecti operation of the Extension office. 3. Provide off -ice space, support personnel, equipment, supplies, utilities, demonstration materials, and funding and/or vehicles for official county travel (both in -county and out -of county), and other operational needs for the County Extension office as the COUNTY may deem appropriate. Ill. General Provisions. A. Management and Administration: I , Extension Faculty shall follow Cowry policies relative to office hours and holidays. 2. All Extension Faculty appointments will be made cooperatively in accordance with]"ille YLVIII, Chapter 1004, Section 1004.37, Florida Statutes, 3. UNIVERSITY and COUNTY will cooperate in coordinating Equal Employment Opportunity plans for Extension in the county. 4. Tile parties' respective involvement in funding multi -county Extension Faculty appointments will be negotiated on a casc-by�case basis. 5. The County Extension Director is responsible for operating this department under tlicjoint direction of the County Administrator or designee and the University of Florida Extension Service Dean ofExtcnsion or designee. 6. Extension Faculty are professional employees exempt from the provisions of the Fair Labor Standards Act, 7. Extension Faculty with 11oint appointments will participate in UNIVERSITY insurance poes 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 .1-11-NDING ANT) PAYMENTS COUNT"Yagrecs to pay the UNIVERSITY sums as indicated in Exhibit A towards salary expenses. This total sum represents the COUNTY's chare of funding Extension employee's salary and fringe benefits as outlined by Exhibit A, This salary expense contract Ls on a cost reimbursable basis. 7. Salaries outlined in Exhibit A will be modified and subinilitcd 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 throujah 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 annual changes in salaries and related fringe bencrits. Actual expenses may vary during the year due to vacancies, mid -year promotions, new hires or unexpected increases in fringe benefit costs. Quarterly invoices submitted by the UNIVERSITY to the COUNTY should be sent directly to the Monroe County Extension Office address on record at the UNIVERSITY, The address as of the da�e of this AGREEMENT is: Attn: County Extension Director 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 incur -red during the quarter, Expected COUNTY payment disc dates will be no later than 30 days after the receipt of UNIVERSITYinvoiccs. UNIVERSITY invoices will be issued according to the 'Anticipated Payment Schedule' in Exhibit A Each invoice must be accompanied by a payroll joumell for the period being reimbursed for each employee along with a statement of certification attesting to the accuracy and authenticity of the payroll expenses. 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 MVERSITY and COUNTY. If necessary, a "Leave Cash -Out Invoice" will be prepared in addition to normal quarterly invoices in order to reimburse thL. UNIVERSITY for the COUNTY proportion of leave payments. 04911MUMUT — 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 AGRr-.r-MFNT is contingent upon an annual appropriation by (lie BOCC. The UNIVERSITY will keep adequate records andsupporting docunictitation applicablu to this contractual matter. Said records and documentation will be retained by the UNIVERSITY loi a mininniu) of live (5) years firom the date oftcri-nination ofthis AGREEMENT, The COUNTY and itsauthori7ed agents shall have the right to audit, inspect and copy all such records and docurnentation as often as the I T during UIC period 01 Lime expressed by tric precccling sentence shall also have the right lo obti�iii a copy ol'and otfici-wise inspect any audit madc at the direction of (lie UNIVERSITY as concenis the aforesaid records and documentation. WW=1 WKWUNIM The ItiNIVERSITY shall be solely liable for acts conducted by County Extension Ficulty With Joi appointments since they are employed by the UNIVERSITY. The UNIVERSITY assumes any and all ris of'personal injury and property damage attributable to the negligent acts or oinissions ofthe University of Florida and the officers, employees, servants and agents thereof while acting within the scope of their employment by the University. 'nie COUNTY assumes any and all risks of personal injury and properly 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 cmployment by the COUNTY. The UNWERSITY, as a state agency, warrants and represents that it is self -funded for liability insurance, both ublic and riirL th 'd rrotection b 0 10 1 1 11 d 4 ARTICLI-AX CONX &CTT W, 10*111LBLENM UNIVERSITY shall maintain all books, records, and documents directly pertinent to perfor-manc.i. under this AGREEMENT in �aqqi applied. Each party to this AGREEMENT or their authorized representatives shall have reasonab4i, and timely access to such records of mch 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 togctlicr with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the nionics were paid to the UNIVERSITY. 2. Goveming Law, Venue, Interpretation, Costs, and Fees. This AGREEMENT shall be govcmcd by and construed in accordance with the laws of the State of Florida applicable it) contracts made and to be performed entirely in the State. OT-MMMIE, Bindni,i Effect, The terms, covenants, conditions, and provisions of' this AGREEMENT iliall bind and inure to [lie benefit of the COUNTY and UNIVERSITY and their respeclivc Icgal represcrititives. successors, and lssiuw�. Nondiscrimitim.3tiou. COUN'ry and UNIVERSITY agree that there will be no discrimination against any per3on, and it is expressly understood that upon a determination by a court ofconipetent jurisdiction that discrimination has occurred, this AGRI 'I'M E'NT automatically terminates without any further action on the part of any party, effective the date ofthe court order. COUNTYand UNIVERSITY agree to comply with all Federal and Florida Statutes, and all local ordinances,as applicable, relating to nondiscrimination. These triLlude but are not limited to: 1)'rille VI ofthc Civi] RLT,hts Act or 1964 (PL 88-352) which prohibits discrimination Oil the basis of race, color or national origm,� 2) Title IX of the Education Ainendittent or 1972, as amended (20 USC ss. 168 1 - 16S3, and 1685-1686), which prohibits discrimination oil the basis of sex, 3) Section 504 ofthe Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination oil the hasis or handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination On the basis of5),rlic Drug Abuse Office and Treatment Act of 1972 (I'L 92255), as amendcd, 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)Tlic Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss, 690dd-3 and 290cc-3 )), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title 01 or the subject matter of, this AGREEMENT. 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 or conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance or gifts - doing business with one's agency; unauthorized compensation; misuse of public position, conflictm� employment or contractual relationship; and disclosure or use of certain information. Solicitation/Payment, The COUNTY Lind UNIVFRSITY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely flor it, to solicit or secure this AGREEMENT and that it has not paid or a ggeed to pay any person, company, corporation, individual, or firm, other than a bona ride employee working solely for it, any fice, commission, percentage, gift, or othcr 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. 8. 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 tw unilaterally canccl this AGREEMENT upon violation of this provision by UNIVERSITY. Iff-4m7 9Non-Waiver of Immunity. No(willistanding the provisions of'Section 768.28. Florida Statuics, the participation of the COUNTY wid UNIVERSITY in this AGREEMENTand Lhe acquisition of'any con-imercial liability insurance covera-c. self-insurance coverage, or local government liallilltv inSUrance pool coveragc sha'I not bL; deenied a w-,iivcr or immunity to the extent of'liabi'ilY coverauL. nor sliall any contract entered into bsv the COUNTY be rcquired to contain any prov . ision f6r %vaivei 10. Privileges and Immunities. All of the privileges and immunities from liabitity, exempti(r)JIS laws, ordinances, and rules and pensions and relief-, disabihLy, workers' compensation, and otlicr bcnefits which apply to the activity of" OffiCCIS, agCLItS, or employees of' my public agents or 0 employees ofthe COUNTY. when perli rinInig their respective I`U11Cti011S Urlder this AGREI'ME-NT within the territorial limits of the COUNTv shall apply to the same degree and extent to the perforniance of such functions and duties of'such officers, agents, volunteers, or einplovccs outside the territorial limits of the COUNTY. 11. Legal Obligations and Responsibilities and Non-Delet, o on Lif' Consti tutional 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 perfon-nance thereof by any participating entity, in which case the perforniance may he offered in satisfaction of the obligntion or responsibility. Further, this AGREEMENT is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties or the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 12. Non -Reliance by Non-Partics. No person or entity shall be entitled to rely upon the terrns, or any of them, of this AGREEMENT to enforce or attempt to enforce any third -party claim or entitlement to or benerit of any service or prograin contemplated hereunder, and the COUNTY and UMVERSITY agree that neither the COUNTY nor [lie UNIVERSITY or any agent, officer, or employee of either shall have the authority to inforrn, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entifics, have entitlements or benefits under this AGREEMENT separate and apart, inficrior to, or superior to the community in general or I -or the pugicises contemplated in this AGREEMENT. 13. Ao Personal Liability, No covenant or AGREEMENT contained herein shall be deemed to be a covenant or AGREEMENT of any member, officer, agent or employee of COUNTY in his or tier individual capacity, and no member, officer, agent or employee of COUNTY shall be liable personally on this AGREEMENT or be subject to tiny personal liability or accountabty by reason of the execution of (his AGREEMENT. 14. Execution in Counterparts. This AGREE'NIEINT may be executed in any number of counterparts, each of which shall be regarded as an original, all or which taken together shall constitute one and the sarne iDstrumcni and any of the parties hercto may execute this AGREEMENT by signing any such counterpart, 15. Section Headings. Section headings have been inseried in this AGREEMENT as a matter of convenience of reference only, and it is agreed that such section headings are nof a part of this - AGREEMENT and will not be used in the interpretation of any provision of this AGREEMENT, 0-MIM ARTICLE X NOTICES Any notice, request, demand, consent approval or other communication required or pennittcd by this AGREEMENT shall be given or made in writing and shall be served (as elected by the part` giving such notice) by one of the lbliowing methods: (i) hand delivery to the other party-, (ij) deKivery by commercial overnight courier service; or (iii) inuiled by registered or certified mail (postage prepaid), return receipt requested. For the purposes of'notice the addresses are - To County: M Ofl ROE CO#NT)" BOCC County Administrator 1100 Simonton Street Key West, F I 33040 and copied to MONROE COUNTY ATTORNEY P0 Box 1026 Key West, Fl, 33041-1026 and copied to f&ONROE# # #W 500 Whitehead Street Key West, FL 33040 To University . JiNIVERSITY OF FLORIDA Division of Sponsored Research 216 Grintcr Hall, 110 Box 115500 Gainesville, Fl- 32611-5500 and copied to UNIVERSITY OF FLORIDA [PAS Sponsored Programs G022 McCarty 1-fafl-D, PO Box 110110 Gainesville, FL 32611 -0110 and copied to UNIVERSrry OF FLORIDA WAS District Extension Office 1062 McCarty Ball D, PO Box 110220 Gainesville, Ft. 32611-0220 This AGREEMENT shall be effective on October 1, 2006 N a-- 0 A N1 - al- W14 I =-- -1 MOTAI N PXOJ WK91111M W&W .01 APPROVED ASTO FORM AND LEGALITY: NfON'R)# COMITY AMRNEY �ATTF-ST: �ri MONROE 00UNTY CLERK OF THE COURT FORTur., UNIVERSITY: 6 =991, Is" 04-1111rul" Irm, 41, R111% DATE NOV 1 5 20 DATE M )-.P :z .................... DATF/ Ll CA) t') rb r a7 15 C:j EXHIBIT A (Pace 1 or21 •- • • = • 1 1 11• • 1 11 ^rr D• • 46,692.76 Gabel,•1 .75 Coldicott,27,940.55 Total payroll costs: 1227067.36 Anticipated Payment Schedule*: Period Invoice Date** Amoun Amount _ Quarter11 • Quarter April �0 • _, _ 0- 0 ,516.8 Quarter October11 TotalDue From County:1. • * 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. state County Total Gregory,Doug Percentage 60000% 40.000% 10000% 1010112006-913012007 Salary 53986.01 35,990.67 89,97668 FICA MedicarrJ7.65% 4,129.03 2,753.29 6,883 22 ORP Retirement/ 10.431% 5.630.74 3,763.33 9,384,57 Vicalth InsurancedFarrolyl$05911 04 (1012006.02/2007) 2.147.76 1,431.84 3,57960 Health InsuranteJFarriIy1S9451 20 (0312007.IC/2007) 3 307 92 2o205.28 5 513 20 Life/ 45% 24294 161.96 404 DD Woeke,'s Comp- 98%jUnem Comp- 12°', 593.85 395.90 93974 Grand Totals 70,039,14 40M2 76 116,131. Gragary,Doug 46,692,76 V Stale Cmnly total Gabell Klm Percentage MOM% 40.000% 1 M 00% 1101011i606-913012007 Salary 33,403.52 22.269.01 55,672.53 FICA Medicare/7.65% 2,555.37 1.703.58 4,258,95 ORP Rellrement/10.43% 3,493.99 2,322.66 5,806 &1 Health InsurancetSinglet$4,153.92 (I012OOM212007) 1.038.48 69232 1,73080 Health nsurance/Single/$4,534.32 (012007-1)(12007) 1.567.01 1.05601 2,645.02 Lifed 45% 150.32 10021 250.53 Wcwkees Comp--981AIUnem Cornp- 12% 367.44 244,96 61240 Grand Totals 42.586.12 28.390,75 70976.87 Fj-�WLTIWP Og ntytotal Percentage 65.000% 35.000% 100.00% Salary 40.99T 50 22.075,58 63,073,08 FICA MedllcareJ7 85% 3136 31 1,68818 482509 ORP RetlremenU 10 43% 4276,04 2,302.48 6157852 Health lnsuranceJS�nglej$4.1153 92 (101200"WO07) 1.125-02 605,78 1 730 60 Health Insurance/Singlat$4.534 32 (0312007-11IY2007� 1,710-26 925.76 2,645M Life Insurancel,45% 184,49 99.34 28383 Worker's Comp-.980/IlUnern Comp- 12% 45097 24213 693.80 Grand Totals 5188959 77,940.55 79,830.15 Coldicott.Ydm 27,940.55 State wcouniIy., total ah`a'n, a nc Uft, percentage 70000% 30k00% 1 M 03516 101011206&913012007 Salary 33,850,95, 14,57,55 48.358.50 FICA Medicar&7.65% 2,58960 1,109.83 3,69943 ORP Retirement/10 43% 353065 1o511114 5,043.79 Health Insurancef5pousaf$5375.52 (10120054W2007) 1,567,86 671.94 2,23980 Health tnsueance/Spousul$5805.60 (0312007-11=007) 2370 62 11,015m 3,386M Life Insurance/ 450/c, 152,33 65.28 217.61 Wor'kees Camp-.98%'Unem Comp-,12% 37236 15158 53194 Grand Totals 44,43437 19,043.30 63,47767 Brad] ga n,B9tancauMAJIciv R 10,043,30 0-MEMM AMENDMENT No.1 TO EXTENSION SERVICE MEMORANDUM OF UNDERSTANDING TEU 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 enteral 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 (IFASI 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, aquacuhure, family and consumer sciences, 4-H youth development, environmental horticulture, natural resources, Sea Grant, energy and other programs deemod necessary. The Florida Extension Service makes the findings of research in these area 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 XLVID, 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 "AGREENIENT) 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'7. The purpose of this AGREWENT is to spexify 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 UNIVERSSTY 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 payrol I 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 invoices in order to reimburse the UNIySrry Prepared in addition to normal quarterly 7. The COUNTY may elect to for the COUNTY•s Y Pay annual salary supplement for extension of payment. COUNTY shall fund I OD% of the sal Personnel. The worker's com aTY SUPPlement, including salaries, fringe benefits. and Pent as n, and will pay this sum to the quarterly payment as indicated in Exhibit A. An UNIVERSPIy during the COUNTY s annual County Budget Re Y Salgry supplement will be included in the needed, the UNTVERS P°ti that is sent to the ITY will u �RSITY each year. Upon receiP4 if billings to accommodate the sal$ the salarProjections in Exhibit A and ad' mY supplement."Jul the quarterly Article VI of the MOU titled "Period of Contract - Renewal "This AGREEM�-shall be effective a of mil —Modification„ shall be revised; 2016, unless modified or terminated earlier. October time of2011 � shall on, this continue needed and resigned by both through September 30, of both parties. This AGREEMENT may br modified at any Agreement will be updated as Pies herein above. Salary dollar figures in Exhibit A will be submitted annual for review and approve and the l y mutual consent County's obligation to approval Exhibit A shall be lncorporatod �n>t�l annually the COUNTY BOCC. „ Pay under this Exhibit y into this amendment. EMENT is contingent upon an annual appropriation by the Article V1I! of the MOU titled "Liabilrty ' „ "The UNIVERS shall have the following statement omitted: a ITY shall be solely liable for acts conducted by County Extension Faculty appointments since they are employed by the UNI E RSl'TY, lh+ with joint Article X of the MOU titled "Notices" shell be updated with the following add `NNERSI TY OF FLORIDA g ices: Division of Sponsored Research 219 Grinter Hall, PO $ox 115500 Gainesville, FL 3261 I-5500" 2. All other provisions of the Agreement entered October full force and effect. 1, 2006, not inc onsistent herewith shall ruin in IN the date frrsW�� a�W�REOF, the parties have caused these presents to be exec need in their respective names on MWor Heather Carruthers M Pro Tear David Rice i 0. lorser Sylvia Mu h oner George Neug of Y.e� C�pf over Kim Wi n— $i gton (SEAL) t#4taat: DAIM L. KOLHAGE, Clerk BOARD OF COUNTY CO line By r % OF MONROE a �''`� O c7 Deputy Clerk B � YL to CD UM ERSrry OF FLORMA DIVISION OF D PROGRAMS By: AP Ov: ,,X BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:_ November 171h , 2015 Division: County Administrator Bulk Item: Yes _ No X Department: Extension Staff Contact : Alicia Betancourt 305-453-5747 AGENDA ITEM WORDING: Approval of a resolution adopting the recommendation of the Climate Change Advisory Committee and asking the Florida Department of Transportation to conduct a feasibility study of light rail/monorail system in Monroe County that includes an assessment of anticipated carbon emission reductions, traffic reductions, and sea level rise accommodations. ITEM BACKGROUND: This is a recommendation for BOCC action from the CCAC. This is a continuation of the BOCC efforts; resolution #067-2010 established an energy reduction target of 20% by 2020. In 2011 Monroe County developed an Energy Efficiency Conservation Strategy, and is currently developing a Sustainability Strategy which will include recommendations for emissions reductions. This action addresses the adopted Monroe County Climate Action Plan action items and goals including B-4 and B-4.1. • Goal B-4: Transportation. Encourage the use of public transportation, ride sharing, and a shift to fossil fuel efficient and electric commuter vehicles through the provision of the appropriate infrastructure. This goal encourages adaptation — `to build resilience into our transportation infrastructure,' and a mitigation element `to reduce the current level of vehicle miles travelled and thus the amount of carbon emissions. • B-4.1: Encourage a functional county wide public transportation system and coordinate transportation -related adaptation policies across jurisdictional boundaries. PREVIOUS RELEVANT BOCC ACTION: • On September 14`' 2015 the Climate Change Advisory voted unanimously to approve a recommendation to the BOCC to work with FDOT to conduct a feasibility study for light rail/monorail. On January 19, 2011 the BOCC authorized Resolution 002 - 2011 to establish the CCAC, and authorized them to make recommendations regarding climate change mitigation and adaptation strategies. On September 16"', 2015 the BOCC reauthorized the CCAC with a sunset date set for October 1, 2017. On March 20, 2013, the BOCC accepted the draft Climate Action Plan as prepared by the CCAC. On September 17, 2013, the final Climate Action Plan was approved and accepted by the BOCC. CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS: Approval TOTAL COST: staff time INDIRECT COST: BUDGETED: Yes No N/A DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes Nol x AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management r DOCUMENTATION: Included Not Required—X_ DISPOSITION: AGENDA ITEM # Revised7/09 RESOLUTION NO. - 2015 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ASKING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO CONDUCT A FEASIBILITY STUDY OF LIGHT RAIL/MONORAIL SYSTEM IN MONROE COUNTY THAT INCLUDES AN ASSESSMENT OF ANTICIPATED CARBON EMISSION REDUCTIONS, TRAFFIC REDUCTIONS, AND SEA LEVEL RISE ACCOMMODATIONS. WHEREAS, the County passed a Resolution in January, 2011 establishing the Climate Change Advisory Committee ("CCAC") to make recommendations regarding climate change mitigation and adaptation strategies; and WHEREAS, the CCAC prepared a Climate Action Plan for the County which was accepted in by the COUNTY in March, 2013; and WHEREAS, Monroe County has undertaken a U.S. 1 Arterial Travel Time and Delay Study approved Oct 21, 2015 which cited increased traffic volumes and a 48% increase in delays over 2013; and WHEREAS, Monroe County seeks to reduce Greenhouse Gas Emissions from mobile sources which are 460,674 (2012) MYCO2e or 37% of all community emissions and; WHEREAS, The Monroe County Climate Action Plan addresses action items and goals including B-4 and B-4.1, WHEREAS, The Monroe County Climate Change Advisory Committee approved the follow recommendation September 141h 2015, NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Monroe County Florida that: Section 1. The Monroe County, Board of County Commissioners adopts the recommendation of the Climate Change Advisory Committee. Section 2. The Florida Department of Transportation is respectfully requested to conduct a feasibility study of a light rail system in Monroe County. Said study should include assessments of carbon emission reduction, traffic reduction and sea level rise accommodations. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held on the 17th'" day of November 2015. Mayor Mayor Pro Tem Commissioner Commissioner Commissioner (SEAL) Attest: AMY HEAVILIN, Clerk By Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman K. Chervl Robertson From: Peters -Katherine < Peters- Katherine@Mon roeCounty-FL.Gov> Sent: Thursday, November 12, 2015 12:20 PM To: Wilson -Kevin Cc: County Commissioners and Aides; Gastesi-Roman; Hurley -Christine; Shillinger-Bob; Amy Heavilin; Cheryl Robertson; cheryl coffari; Senior Management Team; Wilson -Melissa; Brickell-Christina; Erickson-Breanne; Ballard -Lindsey; Ferda-Elaine; Erickson-Breanne Subject: FW: Agenda Item for add on at the BOCC meetingPigeon Key Ferry Budget Resolution A-1 1 - FYI: IF APPROVED TO ADD TO THE AGENDA DAY OF MEETING, WILL BE ADD - ON ITEM F-38 BULK APPROVALS - Attachments: Pigeon Key Ferry Budget Resolution A-1 1.pdf Good afternoon Kevin - fyi - if approved to add to the agenda the day of the BOCC meeting, will be Add -On Agenda Item F-38 BULK APPROVALS (Page 6). I will add the agenda item wording to the Add On Corrections and Deletions Sheet to be read the morning of the BOCC meeting by Lindsey for BOCC approval to add to the agenda. Please ensure you provide Lindsey with (15) copies of the attached agenda backup prior to the BOCC meeting for her distribution/availability for the public at the meeting. Thanks so much. Kathy From: Wilson -Kevin Sent: Thursday, November 12, 2015 10:39 AM To: Wilson -Kevin Cc: Gastesi-Roman; Hurley -Christine; County Attorney; Amy Heavilin (aheavilinCcbmonroe-clerk.com); Cheryl Cioffari (cheryl.cioffari(a islamorada.fl.us); 'Cheryl Robertson'; Clarke -Judith; Boan-Tina; Brickell-Christina; Wilson -Melissa; Erickson-Breanne; Hancock -Pamela; Madok-Kevin; Ballard -Lindsey Subject: Agenda Item for add on at the BOCC meetingPigeon Key Ferry Budget Resolution A-1 1 Commissioners et. al.: Attached is an agenda item for a budget adjustment resolution that we will present for addition to the November 17t" BOCC meeting. It corrects an oversight we made in the transition to the current budget year. Time sensitivity: We are presenting it for addition to the November meeting because the October invoices to the supplier cannot be paid until this budget resolution is adopted. The vendor is a small local business who relies upon our timely payment. He has been a reliable vendor for several years. We thank you in advance for your consideration. kevinw Kevin G. Wilson, P.E. Assistant County Administrator Monroe County, FL (Florida Keys) 102050 Overseas Highway Key Largo, FL 33037 Tel: 305-292-4529 Cell: 305-797-1547