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Item C16 C.16 J �� BOARD OF COUNTY COMMISSIONERS County of Monroe ire �f �r�l � � Mayor Heather Carruthers,District 3 The Floxlda.Keys Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District I David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting August 19, 2020 Agenda Item Number: C.16 Agenda Item Summary #7168 BULK ITEM: Yes DEPARTMENT: Extension Services TIME APPROXIMATE: STAFF CONTACT: Alicia Betancourt(305) 453-8747 None 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 2021 payroll costs of $106,425.29 for three FTE 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 Extension Agents is 37%. The funds to support Exhibit A have already been appropriated in the 2021 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, 2016. In September, 2016, the BOCC approved an amendment to extend the expiration date of the contractual agreement to September 30, 2021. CONTRACT/AGREEMENT CHANGES: Annual renewal in accordance with the MOU STAFF RECOMMENDATION: Approve DOCUMENTATION: Monroe Exhibit A FY21_06.29.2020 MOU2020_Monroe Signed Amendment No. 2 OF MOU Signed UF-Monroe County MOU 2006 Packet Pg.651 C.16! FINANCIAL IMPACT: Effective Date: October 1, 2020 Expiration Date: September 30, 2021 Total Dollar Value of Contract: $106,425.29 Total Cost to County: $106,425.29 Current Year Portion: 100% Budgeted: Yes Source of Funds: General Revenue CPI: no Indirect Costs: none Estimated Ongoing Costs Not Included in above dollar amounts: none Revenue Producing: no If yes, amount: Grant: no County Match: no Insurance Required: no Additional Details: Yes 09/18/19 001-61000 EXTENSION SERVICES $106,425.29 3 FTE Agents REVIEWED BY: Alicia Betancourt Completed 07/27/2020 2:52 PM Pedro Mercado Completed 07/27/2020 3:19 PM Purchasing Completed 07/27/2020 3:41 PM Budget and Finance Completed 07/28/2020 8:24 AM Maria Slavik Completed 07/28/2020 4:52 PM Kathy Peters Completed 07/29/2020 9:06 AM Board of County Commissioners Pending 08/19/2020 9:00 AM Packet Pg.652 C.16.a Exh i bit "A" -PROPOSED 2021 Payroll Budget Monroe County Grant FY 2021 Summary Payroll Projection 10/01/2020 -9/3 /2021 Projected: 0612912020 Anticipated Payroll Due From County for FY 2021 Krueger, Shelly 36,727.65 Brad igan-Betancourt,Alicia 38,945.62 c Leonard-Mularz, Michelle 27,099.25 OF Support Positoin 3,652.77 Total payroll: $ 106,425.29 c TOTAL Total Projected Due 106,425.29 Budgeted Payment Schedule*: 1st Quarter January 15 2721 26,606.32 2nd Quarter April 15 2021 26,606.32 3rd Quarter July 15 2021 26,606.32 4th Quarter October 15 2021 26,606.32 Totall 106,425.29 OK cv *Quarterly invoices will be based on actual expenses incurred cy during the quarter. i Please remit invoices to: >- UF/IFAS Monroe County Extension Services 1100 Simonton Street, Ste#2-260 Key West, FL 33040 email to: yongue-liz(a_monroecounty-fl.gov Cc. 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C)t.�€,rict i June 29, 2020 To Whom It May Concern: This letter serves to reaffirm the Memorandum of Understanding between the Monroe County Board of County Commissioners and the University of Florida, which is effective 10/1/2006 until a) 9/30/2021. Per the MOU, Exhibit A is subject to annual approval by the Monroe County Board of County Commissioners. Specifically, the MOU as outlined by Exhibit A FY 2021 will support salary e and fringe according to the attached Exhibit A schedule from October 1, 2020-September 30, 2021. For the University: For the County; 2 Alicia Betancourt Date County Representative at County Extension Director OF/IFAS- Monroe County Extension 0 1.100 Simonton St #2-260 Key West, FL 33040CD a ftl Cou y Represen tive Title cv �h � S 7/7/2020 Anita Neal Date District Extension Director 3200 E Palm. Beach Rd. Belle Glade, FL 33430 University of Florida Date Division of Sponsored Programs Packet Pg.655 AMENDMENT No. 2 TO EXTENSION SERVICE MEMORANDUM OF UNDERSTANDING THIS AMENDMENT to the Extension Service Memorandum of Understanding (MOU) is made and entered into this 2151 day of September, 2016, 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"). 0 WHEREAS, the MOU was established for a period of five years and expired on September 30, 2011. 0 WHEREAS, the MOU was established for a period of an additional five years and will expire on September 30, 2016. 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: 2 I. The contract entered into between the parties on October 1, 2006, shall be amended as follows: ` Article VI of the MOU titled "Period of Contract - Renewal — Modification" shall be revised by adding the following sentence: -- "This Agreement shall be extended for the term from October 1, 2016, through September 30, 2021." 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. Mayor Heather Carruthers Mayor Pro Tern George Neugent Commissioner Danny Kolhage Commissioner David Rice Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS AVILIN, Clerk OF MO, ROE COUNTY, FLORIDA B .. •, • eputy Clerk / .f 54 Mayor Pro e UNIVERSITY OF FLORIDA twliC) DIVISION OF PONSORED PROGRAMS C o t 1 14 } f a i t '�k ADO F ByY�4,,wat�,a#I�.t 9�lx} �t, ,I a e _ an -n I Associate Director Research Packet;Pg. 656 Y EXTENSION SERVICE MEMORANDUM OF UNDERSTANDING THIS AGREEMENT entered into on October 1, 2006 between MONROE COUNTY , a political subdivision of the State of Florida and the UNIVERSITY OF FLORIDA, Board of Trustees. WITNESSETH 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 c, 2 WHEREAS, this function is perfornxed 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. 76 WHEREAS, said programs will be developed in Monroe County by County Extension Faculty 0. employed by the University of Florida working directly with local advisory committees to assure the programs are effective and beneficial to Monroe County; and 76 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 materials or methods as deemed necessaryb Count Extension Faculty in Y Y Y various program areas to conduct the aforesaid education programs. N NOW,THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: 0 ARTICLE 1 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. 03 This AGREEMENT states the desire of the UNIVERSITY and COUNTY to work cooperatively to e 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 1 of 10 Packet;Pg. 657 i Extension Service makes the findings of research in these areas available to-the people of Florida through the University of Florida, IFAS, Extension Service, in partnership with the Florida Counties Boards of County Conunissioners. This collaborative arrangement 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 needs are properly addressed. Each Memorandum 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 Title XLVIII, Chapter 1004, Section 1004.37 of the Florida Statutes, it is essential that the UNIVERSITY and COUNTY identify respective responsibilities. ARTICLE IT GOALS AND OBJECTIVES 0 1. 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 of audiences so they will be empowered to solve problems and implement practices based on the best scientific information available. 76 ARTICLE 1II TERMINATION OR ADJUSTMENT OF POSITION AND SERVICES 0. This AGREEMENT may be terminated at will by either party giving one year written notice. ARTICLE IV RESPONSIBILITIES N 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 minimum employment requirements and qualifications for Extension Faculty. 2. Recruit, interview and screen candidates for employment as Extension Faculty. 3. Recommend to the COUNTY qualified applicants for appointment to vacant or new Extension o 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 LTNIVERSITY will detennine 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 Packet;Pg. 658 2. Provide in-service training for Extension Faculty and to provide funds for official travel to such training and other Extension out-of-county program development meetings. 3. Provide a staff of state Extension Specialists to train Extension Faculty in current teclunology and to assist Extension Faculty in 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. 5. Develop and administer a personnel management plan for County Extension Faculty that will provide for an annual review of each County Extension Agent's performance, including the 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 personnel, in compliance with state and federal Affirmative Action and Equal Employment Opportunity requirements. o 7. Develop and maintain a "grass-roots" County Advisory Committee system to ensure that Extension programs are based on the needs and priorities of the people in Monroe County. 0 II. 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. 76 B. With respect to Extension Faculty, the COUNTY shall: 1. Participate in the employment of Extension Faculty in accordance with the provisions of Title 0. XLVIII, Chapter 1004, Section 1004.37,Florida Statutes. 2. Pay the County's proportionate share of the salaries and fringe benefits of the Extension Faculty as specifically set out in Article V and Exhibit A. C. With respect to management and administration, the COUNTY shall: 1. Review and consider the armual departmental budget requests from UNIVERSITY and take action thereon as the COUNTY may deem appropriate. 2. 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. 3. Provide office space, support personnel, equipment, supplies, utilities,demonstration materials, and funding and/or vehicles for official county travel (both in-county and out-of c, county), and other operational needs for the County Extension office as the COUNTY may deem appropriate. III. General Provisions. A. Management and Administration: l. Extension Faculty shall follow COUNTY 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. 3. UNIVERSITY and COUNTY will cooperate in coordinating Equal Employment Opportunity plans for Extension in the county. 4. The parties'respective involvement in funding inulti-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. 7. 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 Packet;Pg. 659 ARTICLE V FUNDING AND PAYMENTS 1. COUNTY agrees to pay the UNIVERSITY sums as indicated in Exhibit A towards salary expenses. This total sum represents the COUNTY's share of funding Extension employee's salary and fringe benefits as outlined by Exhibit 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 1 of each year. However, whenever possible Exhibit A will be submitted to the COUNTY earlier for inclusion and approval through 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 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 Extension Office address on record at the UNIVERSITY. The address as of the date of this AGREEMENT is: Attn: County Extension Director UFIMonroe County Extension Service 0. 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 W CD the quarter. Expected COUNTY payment due dates will be no later than 30 days after the receipt of CD 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. 0 U 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 e 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 Packet;Pg. 660 ARTICLE V II 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 minimum of five (5) years from the date of termination 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 deems necessary during the period of this AGREEMENT and during the period of five(5) years thereafter; providing, however, such activity shall be conducted only during normal business hours. The COUNTY during the period of time expressed by the preceding sentence shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of the UNIVERSITY as concerns the aforesaid records and documentation. 0 ARTICLE VIII LIABILITY 0 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 76 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 0. 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. 0 U 2 ARTICLE IX CONTRACTUAL REQUIREMENTS o 1. 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 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 Packet;Pg. 66`1 3. Binding Effect. The terns, covenants, conditions, and provisions of this AGREEMENT shall bin and inure to the benefit of the COUNTY and UNIVERSITY and their respective legal representatives, successors, and assimis. 4. Nondiscrimination. COUNTY and UNIVERSITY agree that there will be no discrimination against 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 the Civil Rights Act of 1964 (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. 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 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 discrimination 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).Thc 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 discrimination 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 perforn 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 o employment or contractual relationship; and disclosure or use of certain information. 7. No Solicitation/Payment. The COUNTY and UNIVERSITY warrant that, in respect to itself, it has neither employed 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. 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 to unilaterally cancel this AGREEMENT upon violation of this provision by UNIVERSITY. Page 6 of 10 Packet;Pg. 662 • •., C.16.d 9. Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the COUNTY and UNIVERSITY in this AGREEMENT and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability. insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 10. Privileges and Immunities. 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, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this AGREEMENT 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 employees outside the territorial Iimits of the COUNTY. o 11. Legal Obligations and Responsibilities and Non-Delegation of Constitutional or Statutory Duties. r_ This AGREEMENT is not intended to, nor shall it be construed as, relieving any participating entity o 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 performance may be offered in satisfaction of 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. 76 0 12. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the tenns, or any of them, 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 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, inferior to, or superior to the cormnunity in general or for the purposes c� contemplated in this AGREEMENT. 13. No 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 her individual capacity, and no member, officer, agent or employee of COUNTY shall be liable U 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 same 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 Packet;Pg. 663 ARTICLE X NOTICES Any notice, request, demand, consent approval or other communication required or permitted by this AGREEMENT shall be given or made in writing and shall be served (as elected by the party giving such notice) by one of the following methods: (i) hand delivery to the other party; (ii) delivery by commercial overnight courier service; or(iii)mailed 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 Administrator Division of Sponsored Research 1100 Simonton Street 216 Grinter Hall, PO Box 115500 0 Key West, FL 33040 Gainesville, FL 32611-5500 and copied to and copied to MONROE COUNTY ATTORNEY UNIVERSITY OF FLORIDA PO Box 1026 WAS Sponsored Programs Key West,FL 33041-1026 G022 McCarty Fall-D, PO Box 110110 Gainesville, FL 32611-0110 and copied to and copied to MONROE COUNTY CLERK OF THE COURT UNIVERSITY OF FLORIDA > 500 Whitehead Street IFAS District Extension Office Key West,FL 33040 1062 McCarty Hall D, PO Box 110220 Gainesville,FL 32611-0220 This AGREEMENT shall be effective on October 1 2006 APPROVED BY: FOR COUNTY: my 1 5 zo MAYOR, MONROE C Y DATE BOARD OF COUNTY C MISSIONERS 2 APPROVED AS TO F AND LEGALITY: LL :� T0 �0 O.UNTY ATTORNEY DATE y NOV 1 5 2005 MONROE-,COUNTY CLERK OF THE COURT DATE e FOR THE UNIVERSITY: UNIVERSITY Olf YLOR10A DATE DIVISION OF SVONSORED PROGRAMS Brand!K Boniface Assistant Director of Research Page 8of10 Packet;Pg. 664 EXHIBIT A (Pane I of 2) - Monroe County Grant 0 FY 2007 Summary 2 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 Coidicott, Kim 27,940.55 Bradigan-Betancourt, Alicia 19,043.30 Total payroll costs: 1223067.36 N Anticipated Payment Schedule`: Period Invoice Date** Amount 1,91 Quarter January 7, 2006 30,516.84 2nd Quarter April 7, 2007 30,516.84 2- �d 3 Quarter July 7, 2007 30,516.84 4th 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 1 UPS) by no later than the dates indicated above. Page 9 of 10 Packet;Pg. 665 EXHIBIT A (Page 2 of 2 -r r� tat State County Tb Gre O DO:u Percentage 60.000% 40 000% 100.00% _.g 1 Y4., ... 9 ._- _. 1010112006-9130/2007 Salary 53,986.01 35,990 67 89,976.68 FICA Medicare17.65/° 4,129.93 _ 2,753.29 6,883.22 =pRP RetiremenU10.43% 5,630.74 3,753,83: 9,384.57 Heal€h InsurancelFamilyl$8591 04(10/2005-07120D7) 2,147.76 1.431 84 3,579.60 Y ( ) Health Insurance/Famil 1$9451.20 03/2007-1012007 3 307.92 2,205.28 5,513.20 - - _ ._. Life/.45% 242.94 161.96 404.9D Workers Comp-.98%/Unem Camp-.12% 593.85 395.90 989.74 Grand Totals 70,039.14 46,692.76_ 116,731.9D - - ..,..,... -- ..... _. _ ..-._ ...._ - _ Gregory,Doug _. .., . ..___ l .. e — ..._.. . . ..._. — —_ .... _ x z... 46,692.76 . x State 4 County total Gab,eI,KIM , � Percentage 60 000% 40 0 00% 100 00% 1 0101120 0 6-913012 0 0 7 :Salary 33 403.52E 22,269 01 55 672 53 ;FICA Medicare/7.65% 2,555.37 i t 1,703 58 4,258.95 " _ ORP RetiremenU10 43% 3,483.99 2 322 66 5 806 64 Health Insurance/Smgle/$4 153 92(1012006 02I20D7) 1 038"4B - 692.3211 730 80 _. Health Insurance/Single!$4 534 32(03/200710/2007) 1,587.01 i 1,058.01 2 645 02 ...-- ---- _.,,-. ...,.. - ---- --- Life1.45%. --- -- --_._. __ -.__ 150,321 I _ 100.21 i 2_50.53 i Workers Comfy 98%/Unem Comp-12% 367,44 S 244.96' 612 40 ;Grand Totals 42 586 12 28,390 75 70,976 87 _-----------------,......._ - - -- - - - -- - ---_ - -------- _.,_.._._._._.__ - - ._,_..,., .-_....- __.......................t,- .el, - -.._._....... i 06.5iffia-al"'D e o R cB Ga6el,Kim --...---- - _,__.....__ ..._-- --_._._..,...._._...._-. - .....................,_l ............._,. i - 28,390.75 � A" �`s�& " i: .s" x:''.x.�:an-;n .3«,';,' L "' r -total ' tg e � _ € 65 OOD°/ate 35 000°l° 100 00%' C�olcl�c�p�f�Klrrt� Porcentage N _......_. — _.....................-- t.-_.--.— _ 10/0112006-9130120G7 15alary _ 40,997.56122,075.58 63,073.08 I FICA Medicarel7 0% 1 3,136.31 r 1,688 78 4,825.09 'ORP RetEremenU10 43% ( 4,276.041 � — 2,302 48 6,578.52 ;Health In surancelSingle/$4 153 92(1 012 00 6-02l2007) 1,125.02j 60578 1,730 80 - iHealth lnsurancelSinglel$4,534 32(0312007-1012007) 1,719.26 l 92576 - 2,645.02 — - — 283 83 Life Insurance!45% 184.49E f 99 34 __. - _-- -- - - _ — -_ tWorkers Camp 98%/Unem Comp 12% 450.97 i 242.83 693.80 _ — -'-- ------- ......... _ ...._ .._.. —E-- —'--t_—._..-___ - __.._. 0 'Grand Totals ; 51.889.591 27940.551 79,83015 „ - Coldicott Kim E o all Due om - — ! ( 27,940 55', .--------------- -.._._.. _.. - - ... ---a--- — -r...__. _ _._.... . f ,< StateCounty total B atl�ganBe�ta17COU1 t�1(I Percentage 70 000%1 30.0001 100 00% -.._ �_.. ._.... 14. 33,850.95 507.55 48,358.50 _ 10l0112006 9l30120b7 (Salary FICA Medicare/?65% 2589.601 — 1,109.831 3,699.43 ORP RetiremenUlO 43% r 3,530.651 — 1,51314 I 5,043.79 Health Insurance/Spousel$5375 52(1012006-0212007) 1,567 86 - _ 671.94 2,239 80 E ----------.._ ._.-.._.. -. +Health InsurancefSpousel$5805 60(0 3120 07-1 012007) 2,370 62 E 1,015 98, 3,386 60' Life Insur2nce145% 152 33 - —65.28 217.61 F. Workers Comp-98%/Unem Comp 12% 372 36 159.58 531.94 -_�__..__...._.,_.........__. __....__._.__._. - - _-____. ;Grand Totals - ---__ __. 44,434.37 1 19.043.30; 63,477 67'; { Bradigan-Betancourt,Alicia -t- [ _ C fal Deuerom r ....,....- i Page10of10 Packet,Pg. 666