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Item C03BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 21, 2012 Division: County Administration Bulk Item. Yes X No Department: Extension Services Staff Contact Person/Phone : Doug Gregory14502 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 2013 payroll costs for the jointly -funded Extension Agent positions. ITEM BACKGROUND: A Memorandum of Understanding (MOU) was executed effective October 1, 2006, between the OF and Monroe County, providing cooperation and funding of the Extension Service program in Monroe County. The MOU specified that the OF annually submit an updated Exhibit A to the County no later than October I of each year that provides an estimate of the County's share of Extension Services payroll costs for the upcoming fiscal year. The County's portion of total payroll costs for the three Extension Agents is 37%. The funds to support Exhibit A have already been appropriated in the approved 2013 Extension Services budget. PREVIOUS RELEVANT BOCC ACTION: The existing contractual agreement between the BOCC and the OF was executed in November 2006 and effective October 1, 2006, with an expiration date of September 30, 2011. On July 20, 2011, the BOCC approved an amendment to extend the expiration date of the contractual agreement to September 30, 2016. CONTRACT/AGREEMENT CHANGES: In accordance with the MOU, the revised annual update to Exhibit A is being approved. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $267,058.11 (State + County annual estimate) BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: $100,014.90 SOURCE OF FUNDS: General Revenue REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty O B/Pure acing Risk Management DOCUMENTATION DISPOSITION: Revised 7/09 Included X Not Required AGENDA ITEM # ILI [00 1.1111 MLOC411101:r r r r r • CONTRACT SUMMARY MEMORANDUM OF UNDERSTANDING Contract with: University of Florida Effective Date: October 1 2006 Expiration Date: September 30, 2016 Contract Purpose/Description: Approval of annual update to Exhibit A as per the Memorandum of Understanding (MOU) between Monroe County and the University of Florida (UF) effective October 1, 2006 that specifies FY 2013 payroll costs for the jointly --funded Extension Agent positions. Contract Manager: Doug Gregory 4502 Extension Services / Stop #1 (Name) (Ext.) (Department / Stop #) for BOCC meeting on 09/21/12 Total Dollar Valve of Contract: $ 267,058.11 Budgeted? '.Yes X No Grant: $ N/A County Match: $ N/A Agenda Deadline: 09/04/12 CONTRACT COSTS Current Year Portion: $ 100,014.90 Account Codes: 001-61000-530-340 ADDITIONAL COSTS Estimated Ongoing Costs: $ N/A For: NIA (Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Rev' fiver Date Out Yes No Division Director olovJ J Risk ManageTent OMB/Pure acing L/ / l County Attorney 1 { ) {}! i•_r_.' " Ji1 Comments: Exhibit "A" - PROPOSED 2013 Payroll Budget Gregory,Doug 47,332.20 Gabel,Kim 32,257.26 Brad ig an-Betarco urt, Alicia 20,425.44 Total payroll: $ 100,014.90 OK Total Projected Due 100,014.90 Anticipated Payment Schedule*: 1st Quarter January 15 2013 25,003.72 2nd Quarter April 15 2013 25,00172 3rd Quarter July 15 2013 25,00172 4th Quarter October 15 2013 25,003.72 Total: Qi"Pj 0 * Quarterly invoices will be based on actual expenses incurred during the quarter. *The total payroll figure does not include the 3% inflated number. C, st C) C7 'cct 0o m M r'! Ca to 00 €7 O C*d Ci M ft CY �T S0? N DJ h r U, Lo C, M co... �.s` 40 cn N to r m C1 M r mil' sd7 } ch Q j G N d r a of (6 ui C T T (1) ? C; 00 f+ Lo Sy >; O I, N O of ET1 cl CD t ` O N 1 ? : C? ItY 00 cT o m ¢— d " 8 I'- co o ^'.. o LF) QI�r co ro rn m C6 S s., CD N$0 0'i f m "i CS US) co co c' --i If 6 CQ < vi O m ai m 0Q ice" 06 C I`+ LO r- co vt M st OD w " w a) C iq {g-y ❑t G 6 CV CA U N N O a 4 U O N to - W) q- cn a° C7 f a U) IL 0 N iv to`' C rn' l a t% Q) ❑1 N C 75 7 N LLLO U H M U 0.5 0. to CL 47 t8l to ,� C m: ry .° 0 m CL >= w w �`r v coo LLL m 9 THIS AMXNDAffNT 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 Panics 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, W CONSIDERATION OF the mutual covenants contained herein, The Panics 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 mad the following-, "The Florida Extension Service was established as an integral pan 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, IFAS, 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 XLVM Chapter 1004, Section 100437 of the Florida Statutes, it is essential that the University of Florida, and the Board of County Commissioners identify respective responsibilities. This Memorandum of Understanding (hereinafter referred to as "AGREEMENT") establishes the respective responsibilities of the University of Florida, through the Institute of Food and Agricultural Sciences, Extension Service (hereinafter referred to as "UNIVERSITY") and the Board of County Commissioners fter referred to as "COUNTY"). The purpose of this AGREEMENT is to specify the terms under which (hereinafter ss ers the UNIVERSITY will provide personnel, educational, technical and research information to the COUNTY." Article 11 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: 41. The UNWERSITY 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 invoices in Order to reimburse the LjNIVERSyN f be Prepared in addition to normal quarterly or the 7. The COUNTY , COLTNTY, s may elect to Pay an annual salary supplement f Portion Of Payment COUNTY shall fund 100% of the or extension Personnel. The worker's cornPOns8tion. and salary suPPJcmen4 including salaries, quarterly payment as fringe benefits, and indicated pay this sum to the LTNIVERS during the ed in Exhibit A. rry COUNTYs annual County Budget Report that is sent to thA,nyNahLrY supplement will be included in the needed, the UNIVERSITY will RSITY each year. Upon receipt, if update the salary projections in Exhibit A rece Article billings to accommodate the salary supplement.,, and adjust the quarterly "This of the MOU titled "Period of Contract - 'his AGREEMENT shall Renewal — Modification" shall be revised; 2016, unless modified be effective as Of October 1, 2011 and shall continue through September or terminated earlier. AT the time of expiration, needed and resigned by both parties. ugh SCP 30, This AGREEMENrmay be this Agreement will be updated as Of both Panics herein above Modified tual consen Salary d011arfigures in Exhibit A will be submitted'"any"mebyrnu t fOrrcvicw and approval and the approved ExhibitA shall be incorpora annuallYtotheCOUNTy County's obligation to pay under this AGREEMENT is tdannually into this amendment. BOCC. " contingent upoannual appropriation by the Article Vill of the "The UNIVERSITY shall omitted: K40U titled "Liability" shall have the following statement Omi d: appointments since be, Solely liable for acts conducted by County Extension F u Article X of the MoU titled they am employed by the UNIVERSrry.,, E n ac, hy with joint 41NIVERSI.rY , "Notices" shall be updated with the following address: OF FLORIDA Division of Sponsored Research 219 Grinter Hall, PO Box H 5500 Gainesville, FL 32611 -5sooRs 2. All other Provisions of the Agreement entered October 1,6, 200 full force and effect. not inconsistem herewith shall remain in IN ""NESS WHIREOF, the parties the date first set above. have caused these presents to be executed in their respective n am Mayor Heather Carruthers Pro Tem David Rice co loner Syh1a Murphy C, sioner George Neugent 0M loner Kim Wigington (SEAL) L. KOLEIAGE, Clerk By 1129.y Clerk ��� Deputy JUNIVERSrn OF FLORIDA I DIVISION OF S T—J,, �wd PM 7n ZD BOARD OF COUNTY CO OF MONROE C N—WIMONEXI r-n, '"'I C:� By � Mayor AP ov; 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. WITNES SETT I WHEREAS, under the laws of the State of Florida (Title YLVIII, Chapter 1004, Section 1004.37) and the Smith -Lever Act of May S, 1914 (Chapter 38 Statute 372), the University of Florida is charged with the dissemination of information on of=riculture, family life, horticulture, natural resources and youth development through its Cooperative Extension Service to the public in the State of Florida; and WHEREAS, this function is performed through the Extension Service -United States Department of Agriculture and a State staff of Extension Specialists and resident Extension workers in the State; and WHEREAS, the University of Florida, Institute of Food and Agricultural Sciences, Cooperative Extension Service is responsible for planning and implementing educational programs for businesses, families, homeowners, and young people within Monroe County. WHEREAS, said programs will be developed in Monroe County by County Extension Faculty employed by the University of Florida working directly with local advisory committees to assure the programs are effective and beneficial to Monroe County; and WHEREAS, the County Extension Faculty will utilize appropriate Extension personnel from the University of Florida and educational methods including the program development process, area subject matter information and other materials or methods as deemed necessary by County Extension Faculty in various program areas to conduct the aforesaid education programs. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows; ARTICLE I PURPOSE The purpose of this Memorandum of Understanding (hereinafter referred to as "AGREEMENT") is to establish, articulate and enhance the collaborative relationship between the University of Florida, through the Institute of Food and Agricultural Sciences, Extension Service (hereinafter referred to as "UNIVERSITY") and the Board of County Cornmissioners (hereinafter referred to as "COUNTY"). The purpose of this AGREEMENT is to specify the teens under which the UNIVERSITY will provide personnel, educational, technical, and research information to the COUNTY. This AGREEMENT states the desire of the UNIVERSITY and COUNTY to work cooperatively to enhance the well being of the citizens of Monroe County, each carrying out their- agreed upon. responsibilities. The Extension Service's mission is to focus on contemporary issues and the needs of the people. It employs an interactive educational process involving the people in issue identification, priority setting, program delivery and impact assessment. The UNIVERSITY and COUNTY will work together at all times to mutually assist the other to benefit Monroe County residents. The Florida Extension Service was established as an integral part of the Institute of Food and Agricultural Sciences (IFAS), University of Florida, for the public purpose of "extending" research -based educational information from the University to the people of the State of Florida on subjects relating to agriculture, aquaculture, family and consumer sciences, 4-H youth development, environmental horticulture, natural resources, Sea Grant, energy and other programs as deemed necessary. The Florida Page l of 10 Extension Service makes the findings ofresearch 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 Corinnissioners. This collaborative arrangement between State Extension Services and County Governments exist throughout the United States. However, the retails 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 11 GOALS AND OBJECTIVES 1. Implement and evaluate public education plans that target businesses, homeowners, residents, youth, conunercial industry associations, pest control applicators, agency persormel and community groups. ?. Increase knowledge of audiences so they will be empowered to solve problems and implement practices based on the best scientific information available. ARTICLE III TERMINATION OR ADJUSTMENT OF POSITION AND SERVICES This AGREEMENT may be terminated at will by either party giving one year written notice. ARTICLE IV RESPONST3ILITIES 1. 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: I. Establish minimum employment requirements and qualifications for Extension Faculty. ?, Recruit, interview and screen candidates for employment as Extension Faculty.. 3. Reconunend to the COUNTY qualified applicants for appointment to vacant or new Extension Faculty positions in accordance with the provisions of Title XLVIII, Chapter 1004, Section 1004.37, Florida Statutes. 4. Jointly with the COUNTY, establish the total amount of the starting base salaries of Extension Faculty and the respective proportionate share of salaries and fringe benefits. Typically the UNIVERSITY pays 60 percent and the COUNTY pays 40 percent of the salary of each County Extension Faculty with a joint state -county appointment. 5. Pay UNIVERSITY's proportionate share of the salaries and fringe benefits of Extension Faculty with joint or state appointments as specifically set out in Article V and Exhibit A. 6. The UNIVERSITY will determine the total dollar amount of cost of living, merit, and rank promotion salary increases and submit the figure to the COUNTY annually through Exhibit A as per Article V. B. With respect to management and administration, Extension shall: I . 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 2of10 ?. Provide in-service training- for Extension Faculty and to provide fiends for official travel to such training and other Extension out -of -county program development meetings. 3. Provide a staff of state Extensior. Specialists to train Extension Faculty in current tecluiolov,�y 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. b. Provide general administrative and supervisory leadership for Extension programs and personmel, in compliance with state and federal Affirmative Action and Equal Employment Opportunity requirements. 7. Develop and maintain a "grass -roots" County Advisory Committee system to ensure that Extension programs are based or the needs and priorities of the people in Monroe County. 11. Responsibilities of COUNTY. A. With respect to broad program authorization, all Extension programs within the COUNTY are subject to COUNTY authorization and approval, Substantive program changes (additions, deletions, etc.) are subject to COUNTY approval prior to implementation, and the COUNTY may eliminate or otherwise alter any program as the COUNTY" deems appropriate. $, With respect to Extension Faculty, the COUNTY shall: 1. Participate in the employment of Extension Faculty in accordance with the provisions of Title 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 arnaual 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 persomuiel, 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. 111, General Provisions. A. Management and Administration: 1, 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 multi -county Extension Faculty appointments will be negotiated on a case -by -case basis. 5. The County Extension Director is responsible for operating this department under thejoint direction of the County Administrator or designee and the University of Florida Extension Service Dean of Extension or designee. d. 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 ARTICLE V FUNDING AND PAYMENTS 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 outlinc6 by Exhibit A. This salary expense contract is on a cost reimbursable basis. Salaries outlined in Exhibit A will be modified and submitted to the COUNTY annually by the UNIVERSITY no 'later than October I of each year. Tlowever, whenever possible Exhibit A will be submitted to the COUNTY earlier for inclusion and approval through the COUNTY annual budgetary process. Exhibit A is all 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. 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 OF/Monroe County Extension Service 1100 Simonton Street, Suite 2-260 I{ey West, FL 33040 Phone: 305-292-4501 4. Quarterly payments shall be cost reimbursable and based on actual payroll expenses incurred during the quarter. Expected COUNTY payment due dates will be no later than 30 days after the receipt of UNIVERSITY invoices. UNIVERSITY invoices will be issued according to the `Anticipated Payment Schedule' in Exhibit A. Each invoice must be accompanied by a payroll journal for the period being reimbursed for each employee along with a statement of certification attesting to the accuracy and authenticity of the payroll expenses. 5. The policies established by the UNIVERSITY in administering leave, including annual, sick, civil, holiday, and military leave, and regarding payment of unused annual and sick leave upon separation, shall apply. Payments of unused leave shall be shared based on the respective proportionate amount of the faculty member's total salary by the UNIVERSITY and COUNTY. If necessary, a "Leave Cash -Out Invoice" will be prepared in addition to normal quarterly invoices in order to reimburse the UNIVERSITY for the COUNTY proportion of leave payments. ARTICLE VI PERIOD OF CONTRACT - RENEWAL - MODIFICATION This AGREEMENT shall be effective as of October 1, 2006 and shall continue through September 30, 2011,.unless terminated earlier. At the time of expiration, this AGREEMENT must theca be updated as needed and re -signed by both parties. The AGREEMENT may be modified at any time by written mutual consent of both parties. Monroe County's performance and obligation to pay under this multi -year AGREEMENT is contingent upon an annual appropriation by the BOCC. Page 4 of 10 ARTICLE VII MAINTENANCE OF RIPCORDS 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 mininiuin 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; norinal business hours. The COUNTY during the period of time expressed by the preceding sentence shall also have [lie 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. ARTICLE VIII LIABILITY The UNIVERSITY shall be solely liable for acts conducted by County Extension Faculty with joint appointments since they are employed by the UNIVERSITY, The UNIVERSI:I`Y assumes any and all risks of personal injury and property damage attributable to the negligent acts or omissions of the University of Florida and the officers, employees, servants and agents thereof while acting within the scope of their employment by the University. The COUNTY assumes any and all risks of personal injury and property damage attributable to the negligent acts or omissions of COUNTY and the officers, employees, servants and agents thereof while acting within the scope of their employment by the COUNTY. The UNIVERSITY, as a state agency, warrants and represents that it is self -funded for liability insurance, both public and property, with said protection being applicable to officers, employees, servants and agents while acting within the scope of their employment by the UNIVERSITY. COUNTY warrants and represents that it is self -funded for liability insurance, both public and property with such protection being applicable to officers, employees, servants and agents while acting within the scope of their employment by COUNTY. The UNIVERSITY and COUNTY further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents, agencies, and subdivisions, to be sued; or (3) a waiver of sovereign irrimunity of the State of Florida or its agents, agencies, and subdivisions, beyond the waiver provided in Section 768.28, Florida Statutes. ARTICLE IX CONTRACTUAL REQUIREMENTS UNIVERSITY shall maintain all books, records, and documents directly pertment 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 I3indinr; Effect. The terms, covenants, conditions, and provisions of this AGREEMENT shall bind and inure to the benefit of the COUNTY and UNIVERSITY and their respective legal representatives, successors, and assigns. Nondiscrimination. COUNTY and UNIVERSITY agrcc 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: I) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, colon- 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 Rehabilitations 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 VI1I of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiSeri mination 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. 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 sander this AGREEMENT, and that only interest of each is to perform and receive benefits as recited in this AGREEMENT. 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 1.12.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts, doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 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 tenninate this AGREEMENT withou liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 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 6of10 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 imnnunity to the extent of liability covcragc; nor small any contract entered into by the COUNTY be requ°red to contain any provision for evaivcr. 1p. 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 Nvithin 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 limits of the COUNTY. 11, Legal Obligations and Responsibilities and Non -Delegation of Constitutional or Statutory Duties This AGREEMENT is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the 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. 12. Non -Reliance by Non -Parties. No person or entity shall be entitled to rely upon the terms, 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 con-nnunity in general or for the purposes 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 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 ARTICLE X NOTICES Any notice, request, demand, consent approval or other communication required or perinitted by this AGREEMENT shall be given or rnade in writing and shall be served (as elected by the party giving such notice) by one of the following n-iethods: (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: MONROE COUNTY BOCC County Administrator 1100 Simonton Street Ivey West, FL 33040 and copied to MONROE COUNTY ATTORNEY PO Box 1026 Key Vilest, FL 33041-1026 and copied to MONROE COUNTY CLERIC. OF THE COURT 500 Whitehead Street Key West, FL. 33040 To University: UNIVERSITY 01' FLORIDA Division of Sponsored Research 216 Grinter Ball, PO Box 115500 Gainesville, FL 32611-5500 and copied to UNIVERSITY OF FLORIDA IFAS Sponsored Programs G022 McCarty Hall-D, PO Box 110110 Gainesville, FL 32611-0110 and copied to UNIVERSITY OF FLORIDA IFAS District Extension Office 1062 McCarty Hall D, PO Box 110220 Gainesville, FL 32611-0220 This AGREEMENT shall be effective on October 1 2006 FOR COUNTY: MAYOR, MONROE C5' �Y BOARD OF COUNTY C : MISSIONERS APPROVED AS TO FGf M AND LEGALI`T`Y: i'✓1ONR0 OUNTY AT RNEY ATTE MONROE COUNTY CLERK OF THE COURT FORT HE UNIVERSITY: UNIVERSITY 0 ' ORIDA DIVISION OF ONSORED PROGRAMS Brand'1 K Bonifiep, Assistant Director ofRe�s�arch Page 8 of 10 DATE � Vtf DATE G' _J 1-0' DATE mm V 1"11VA' (Pate I o f 2) Monroe County Grant ANNIMMMM Salary Projection 10/01/2006 - 9/30/2007 Anticipated Payroll Due From County for FY 2007: Gregory, Doug 46,692.76 Gabel, Kim 28,390.75 Coldicott, Kim 27,940.55 Brad igan-Betancourt, Alicia 19,043.30 Total payroll costs: 122,067.36 Anticipated Payment Schedule*: Period Invoice Date** Amount 1st Quarter January 7, 2006 30,516.84 2 nd Quarter April 7, 2007 30,516.84 3 rd Quarter July 7, 2007 30,516.84 4 th Quarter October 7, 2007 30,516.84 Total Due From County: 122,067.36 * Quarterly invoices will be based on actual expenses incurred during the quarter. Invoices must be mailed out by University using commercial overnight courier (i.e. FedEx / UPS) by no later than the dates indicated above. Page 9 of 10 (Pa,2e 2 of 2) . State 'County Total Gregory,DOug Percentage 60.000% 40,000% 100.00% 10101/2006-913012007 Salary 53,986.01 35,990.67 89,976.68 FICA Medicare/7.65% 4,129.93 2,753.29 6,883.22 ORP Retirement/ 10.43°l0 5,630.74 3,753.83 9,384,57 Health Ins urance/Fa mi lyl$8591.04 (10/2006-02/2007) 2,147.76 1,431.84 3,579.60 Health Insurance/Family/$9451.20(0312007-10/2007) 3,307,62 2,205.28 5,513.20 Life/.45°/p 242.94 161.96 404.90 Worker's Comp-.98%/Unem Comp-.12% 593.85 395.90 989,74 Grand Totals 70,039.14 46,692.76 116,731.90 Gregory,Goug Total Due'{ram " Gty ,,t 46,692.76 State, Antal Galael,Kirn ; Percentage 60.000°/a 40.000°la 100.00% 10101/2006-9130/2007 Salary 33,403.52 22,269.01 55,672.53 - FICA Medicare/7.65°fa 2,555.37 1,703.58 4,258.95 ORP Retirem ent/10.43% 3,483.111 99 2,322.66 5,806,64 Health lnsurance/Singlel$4,153.92(1012006-02/2007) 1,038,48 692.32 ., 1,730,80 Health Insurance/Single/$4,534.32 (03f2007-10/2007) 1,587.01 _ . 1,058.01 2,645.02 Life/.45°/© _ 15.32 0 100.21 250.53 Worker's Comp-.98%/Unem Comp-.12% 367.44 244.96 612A0 Grand Totals 42,586.12 28,390.75 70,976.87 Gabel,Kim Ta¢�tlal Due from ., . ,,,., ..�. _._. .. .... .. .. ....... .. ....�.. .. .. ..... .,.... ., .. ...., ,, .. .., .. bt'S4r, ks �..... 4 28;390.75 ..__ G4S9dICC�tt,�Cu1i'�; Percent age 35.000% 1fl0.0014 10/01/2006.9130/2007 Salary 40,997.50 22,075.58 63,073.08 FICA Medicare/7.65% 3,136.31 1,688,78 4,825.09 ORP Retirement]10.43% 4,276.04 2,302.48 6,678.52 Health Ins urance/Single/$4,153.92 (10/2006-02/2007) i 1,125.02 605.78 1,730.80 Health Ins urance/Single/$4,534.32 (03/2007-10/2007) 1,719.26 925.76 2,645.02 Life Insurance/.45% 184.49 99.34 283.83 �Varke s Comp-.98%1Unem Comp-.12°l0 450.97 242.83 693.80 - Grand Totals 51,889.59 27,940.55 79,830.15 Coldicott,Kim _ 27,940.55 a t e �.� , u0 ,,�; o a radig � 11i1�IBB1tnCQ61riAliPercentage 70.000% 30.000%' 00. 100% 1010112006-9/30/2007 Salary 33,850.95 14,507.55 48,358.50' FICA Medicare/7.65% 2,589.60 . 1,109.83 3,699.43 ORP Retirement/10.43% 3,530.65 1,513.14 5,043.79 Health Insurance/Spouse/$5375.52 (1012006-02/2007) 1,567.86 671.94 21239.80 Health Ins urance/Spouse/$5805.60 (03/2007-1012007) 2,370.62 " 1,015.98 3,386.60 Lite Insurance/.456l0 152.33 65.28 217.61 Worker's Comp-.98%/Unem Comp-.12% 372.36 159.58 531.94 Grand Totals 44,434.37 19,043.30 63,477,67 Bra d i ga n-Be ta n co u rt, A] i ci a °Total Due {ram , } C� 19,043.30 Page 10 of 10