Item C18 C.18
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District I
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
September 21, 2022
Agenda Item Number: C.18
Agenda Item Summary #11040
BULK ITEM: Yes DEPARTMENT: Extension Services
TIME APPROXIMATE: STAFF CONTACT: Alicia Betancourt(305) 453-8747
None
AGENDA ITEM WORDING: Approval of the annual Exhibit"A" for Extension Memorandum of
Understanding (MOU) FY 2023, annual notification update to the previously adopted MOU with the
University of Florida covering the county's portion of the Extension agents' salaries.
ITEM BACKGROUND: Extension MOU Adopted October 1, 2021 Annual Exhibit A FY 2023
payroll costs of$116,420.05 for three FTE jointly funded Extension Agent positions. 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. This MOU update will serve as the contractual agreement starting October 1, 2022.
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 funds to support Exhibit A have already been appropriated in
the 2023 Extension Services budget
PREVIOUS RELEVANT BOCC ACTION:
PREVIOUS RELEVANT BOCC ACTION: The previous 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. The new MOU was
adopted starting October 1, 2021
CONTRACT/AGREEMENT CHANGES:
Extension Annual Exhibit A Notification
STAFF RECOMMENDATION: Approve
DOCUMENTATION:
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C.18
Monroe County MOU FY22 - FY24 PEx
FY23 Exhibit A - Monroe County - 08.05.22
FINANCIAL IMPACT:
Effective Date: October 1, 2022
Expiration Date: September 30, 2023
Total Dollar Value of Contract: $116,420.05
Total Cost to County: $116,420.05
Current Year Portion: $116,420.05
Budgeted: Yes
Source of Funds: General Revenue
CPI: No
Indirect Costs: None
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: No
County Match: No
Insurance Required: No
Additional Details:
$116,420.05
10/01/21 001-61000 EXTENSION SERVICES $116,420.05
Budgeted
REVIEWED BY:
Alicia Betancourt Completed 08/29/2022 9:24 AM
James Molenaar Completed 08/29/2022 4:32 PM
Purchasing Completed 08/29/2022 4:45 PM
Budget and Finance Completed 08/29/2022 4:51 PM
Brian Bradley Completed 08/29/2022 5:29 PM
Lindsey Ballard Completed 08/31/2022 11:38 AM
Board of County Commissioners Pending 09/21/2022 9:00 AM
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C.18.a
MEMORANDUM OF UNDERSTANDING
MONROE COUNTY
UNIVERSITY OF FLORIDA
THIS MEMORANDUM OF UNDERSTANDING (hereinafter "AGREEMENT") is
made and entered into by and between Monroe County Board of County Commissioners, a
political subdivision of the State of Florida(hereinafter"COUNTY"),and the University of Florida
Board of Trustees, a public body corporate of the State of Florida(hereinafter "UNIVERSITY"),
(hereinafter, when referred to individually as "parry" or collectively as "parties."
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WITNESSETH
WHEREAS, under the laws of the State of Florida and the Smith-Lever Act of May 8,
1914 (38 Statute 372), the University of Florida, through its Cooperative Extension Service
(Extension), is charged with disseminating the latest knowledge and applicable technologies in
agriculture, human and natural resources, and the life sciences to the public in order to sustain and W
enhance the quality of human life in the State of Florida; and
WHEREAS, this function is performed through the Florida Cooperative Extension
Service, a partnership between state, federal, and county governments, that includes extension U)
faculty members, scientists, educators, administrative staff, and volunteers working cohesively a
throughout Florida's 67 counties; and W
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WHEREAS, UNIVERSITY is responsible for planning and implementing educational
programs for agriculture producers, families, homeowners, and young people within the County; N�
and >_
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WHEREAS, said programs will be developed and implemented in the County by >_
Extension Faculty employed by UNIVERSITY, with support from COUNTY, to work directly U_
with local advisory committees and Extension Personnel; and
WHEREAS, the Extension Faculty will use appropriate Extension Personnel from the
University of Florida and the County and educational methods including the program development U
process, area subject matter information and other materials or methods as deemed necessary by 0
Extension Agents in various program areas to conduct the aforesaid education programs.
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NOW, THEREFORE,in consideration of the mutual covenants and provisions contained
herein, the Parties hereto agree as follows:
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PURPOSE
The Florida Cooperative Extension Service was established as an integral part of the Institute of
Food and Agricultural Sciences (IFAS), University of Florida, for the purpose of extending non-
biased, research-based educational information from the University to the people of the State of
Florida on subjects related to agriculture,horticulture,water quality and quantity,natural resources
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and the environment, energy, family and consumer sciences, community development, 4-H youth
development, and other programs deemed necessary. The Florida Cooperative Extension Service
makes the finding of research in these areas available to the people of Florida through the OF/IFAS
Extension Service in partnership with Florida Board of County Commissioners.
To ensure that educational programs meet the needs of local clientele, and comply with Section
1004.37 of the Florida Statutes, it is essential that the University of Florida and the County identify
respective responsibilities. N
This AGREEMENT establishes the respective responsibilities of the University of Florida,
through OF/IFAS Extension Service (UNIVERSITY) and the COUNTY. The purpose of this CL
AGREEMENT is to specify terms under which each, UNIVERSITY and COUNTY, will
contribute to personnel, educational, technical, and research information to Extension Service in
the County.
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ARTICLE 1. DEFINITIONS
1.1 Board. The Board of County Commissioners of Monroe County, Florida.
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1.2 County Administrator. The administrative head of COUNTY appointed by the Board. g
1.3 County Attorney. The chief legal counsel for COUNTY appointed by the Board. X
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1.4 County Extension Director or "CED." The employee of UNIVERSITY responsible for
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the administration of the Extension Services and the administrative contact for the N
Programs described herein. U_
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1.5 District Extension Director or "DED." The District Director for the Florida Cooperative >_
Extension Service responsible for the supervision of the County Extension Director.
1.6 Division. Extension Service is under the division of County Administration
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1.7 Extension Education Building. The County-owned building located on the Premises 0
described herein for UNIVERSITY to provide the Extension Services under this
AGREEMENT. 2
1.8 Extension Faculty. The employees of UNIVERSITY responsible for providing the
Extension Services including, but not limited to, research, teaching, and program
management for the Programs described herein.
1.9 Extension Services. The Programs, events, and other activities described herein.
1.10 Premises. The Extension Education Building, grounds and the parking area located at 1100
Simonton St.
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1.11 Programs. The various educational programs and services provided by UNIVERSITY for
homeowners, residents, businesses, youth, commercial industry associations, and
community groups as part of the Extension Services provided under this AGREEMENT.
1.12 Subcontractor. A firm, partnership, corporation, independent contractor (including 1099
individuals), or combination thereof approved by COUNTY to provide any of the
Extension Services for UNIVERSITY under this Agreement. The term Subcontractor
excludes any independent contractors/vendors who come onto the Premises to make
deliveries of any goods for, or relating to, the Extension Services, or such persons who
collaborate with Extension Faculty to provide any portion of the Programs under the
Extension Services for adults.
ARTICLE 2. GOALS AND OBJECTIVES
2.1 Plan, develop, implement, teach, evaluate, and report non-biased, research-based public X
educations programs targeting the County's citizens and citizen groups (e.g., agricultural
and horticultural producers, homeowners, businesses, youth, commercial industries and
their associations, community groups, local governments).
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2.2 Develop and distribute creative works and educational materials to the community.
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2.3 Develop and sustain partnerships with community agencies and leaders,businesses, media X
and the public. Wi
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2.4 Extend educational training through volunteer systems. U_
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ARTICLE 3. RESPONSIBILITIES >_
The responsibilities of COUNTY and UNIVERSITY relating to the Extension Services provided
under the AGREEMENT shall be as follows:
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3.1 With respect to hiring Extension Faculty, 0
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3.1.1 UNIVERSITY and COUNTY will hold joint discussion and agree on whether to fill 2
vacancies in positions of Extension Faculty.
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3.1.2 UNVIERSITY will establish minimum employment requirements and qualifications for
Extension Faculty.
3.1.3 UNIVERSITY will recruit, interview and screen candidates for employment as Extension
Faculty.
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3.1.4 UNIVERSITY will recommend to COUNTY qualified applicants for appointment to
vacant or new Extension Faculty positions in accordance with the provisions of Section
1004.37, Florida Statutes.
3.1.5 With respect to salaries of Extension Faculty,
3.1.5.1 Before hire,UNIVERSITY and COUNTY will establish the proportion of the starting base
salaries of Extension Faculty that each party will pay. Typically, UNIVERSITY pays 60- N
70% and COUNTY pays 30-40% of salary. >_
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3.1.5.2 UNIVERSITY will determine the total amount of the starting base salary of Extension C.
Faculty.
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3.1.5.3 As outlined in Section 5 Exhibit A, UNIVERSITY and COUNTY will each pay its own ;2
respective portion of all salaries and fringe benefits for Extension Faculty with joint or state X
appointments but will not be responsible for payment of the other party's portion.
3.1.5.4 UNIVERSITY will determine the total dollar amount of; including but not limited to, cost-
of-living, merit, bonuses, higher education, and rank promotion salary increases for each g
Extension Faculty and submit the COUNTY'S portion of this figure to COUNTY annually
through Exhibit A. X
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3.2 Responsibilities of UNIVERSITY:
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3.2.1 Through the County Extension Director (CED), prepare and submit an annual budget U_
request to the County Administrator or designee for the County's share of funds for N
salaries,operating expenses, equipment, and other program support for Extension Services.
3.2.2 Provide in-service training for Extension Faculty and provide funds for official travel to
such training.
3.2.3 Provide a staff of state Extension Specialists to train Extension Faculty in current U
technology and assist Extension Faculty in the conduction of education programs in these 0
areas. a
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3.2.4 To the extent the OF/IFAS Extension budget will allow, provide Extension Faculty with
official Extension stationery and envelope templates, postage, educational material E
content, and an account to access the IFAS computer network and software.
3.2.5 Develop and administer a personnel management plan for Extension Faculty that will
provide for an annual review of each Extension Faculty's performance, including the CED,
whose performance will be evaluated by the District Extension Director(DED).
3.2.6 Provide general administrative and supervisory leadership for Extension programs and
personnel, in compliance with UNIVERSITY personnel and administrative policies and
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procedures,plus state and federal Affirmative Action and Equal Employment Opportunity
requirements.
3.2.7 Develop and maintain a County Advisory Committee system using Practices found in the
OF/IFAS Extension publication "Advisory Committees, A Guide for OF/IFAS Extension
Faculty" to ensure that Extension programs are based on the needs and priorities of the
people in the County.
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3.3 Responsibilities of COUNTY N
3.3.1 With respect to Extension Faculty, COUNTY shall: CU
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3.3.1.1 Participate in the employment of Extension Faculty in accordance with the provisions of
Section 1004.37, Florida Statutes.
3.3.1.2 Pay COUNTY's agreed share of salary and fringe benefits of Extension Faculty as more �e
specifically set out in Section 5; Exhibit A.
3.3.1.3 Agree to any accrued leave payout proportional to COUNTY's salary contribution when
an Extension Faculty member retires or resigns. U)
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3.3.2 With respect to Management and Administration, COUNTY shall: X
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3.3.2.1 Review and consider the annual departmental budget requests from UNVIERSITY and act
thereon as COUNTY may deem appropriate.
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3.3.2.2 Provide salaries and fringe benefits for Program County Extension Agents, Program
Assistants, clerical,maintenance, and other support personnel for effective operation of the N
County Extension Office. U_
3.3.2.3 Provide office and teaching space, 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. 0
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3.3.2.4 Coordinate computer network access with UNIVERSITY to ensure that all Extension
Faculty and staff have access to UNIVERSITY computer network resources. COUNTY 2
will allow the installation and use of client software and unrestricted access to online
resources deemed necessary by OF/IFAS Extension to conduct extension business
operations and program delivery. In an effort to mitigate the risks associated with such
access from COUNTY'S computer systems, UNIVERSITY will provide security
management of such computer network resources for all those accessing such resources.
3.4 General Management and Administration Provisions:
3.4.1 COUNTY will establish Extension Office hours of operation and holiday calendars.
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3.4.2 All Extension Faculty appointments will be made cooperatively in accordance with Section
1004.37, Florida Statues.
3.4.3 UNIVERSITY and COUNTY will cooperate in applying Equal Employment Opportunity
policies for Extension in the County.
3.4.4 Policies regarding leave accrual, leave balances and administering leave, including annual,
sick, civil, holiday and military leave and regarding payment of unused annual and sick N
leave upon separation will be established and maintained by the UNIVERSITY, and shall C14
apply to Extension Faculty. U_
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3.4.5 The Parties' respective involvement in funding multi-county agent appointments will be
negotiated on a case-by-case basis.
3.4.6 The CED is responsible for operating this Extension Office in the County under the joint ;2
direction of COUNTY or designee and the UNIVERSITY's Dean of Extension or X
designee. W
3.4.7 Extension Faculty are professional employees exempt from the provisions of the Fair Labor <
Standards Act. The Professional Scheduling Policy and Procedures established by the a
UNIVERSITY will apply to Extension Faculty. U)
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3.4.8 Extension shall follow County fiscal processes and policies for County operating funds.
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3.4.9 Extension Faculty will be permitted to charge appropriate fees for Extension programs. i
These fees will be retained by UNIVERSITY for use in program support in accordance N
with UNIVERSITY policy. U_
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3.4.10 Where appropriate and needed, COUNTY portion of a faculty member's salary can be used >_
to support cost sharing on contracts and projects.
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3.4.11 With UNIVERSITY's prior approval, COUNTY may assign OF/IFAS Extension Faculty
and Staff emergency response duties in their County Continuing Operations Plan (COOP),
e.g., agriculture-related assessments, statewide ES17 assignments, providing educational is
training materials to the public and targeted audiences, and other duties as needed for 0
agriculture related emergency duty assignments. Coordination will be made through the 0
County Extension Director or designee. 2
3.4.12 OF/IFAS Extension Faculty assigned to work during a Local State of Emergency, as E
declared by Monroe County Board of County Commissioners,may be entitled to additional U
pay or other benefits, to which COUNTY will be solely responsible to fund.
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3.5 With respect to broad program authorization, all Extension programs within the COUNTY
are subject to the COUNTY authorization and approval. Substantive program changes
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(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.
ARTICLE 4. TERM AND TIME OF PERFORMANCE
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4.1 This AGREEMENT shall commence following the complete execution of this N
AGREEMENT by the Parties October 1, 2021 ("Effective Date") and shall continue >-
through September 30, 2024 ("Initial Term"), unless terminated earlier or extended as
provided for herein. The continuation of this AGREEMENT beyond the end of any
COUNTY fiscal year is subject to both the appropriation and the availability of funds in
accordance with Chapter 129,Florida Statutes, and the approval by COUNTY of an annual
budget request submitted by UNIVERSITY for the applicable COUNTY fiscal year under
this AGREEMENT, as described in Article 5. X
ARTICLE 5. FUNDING AND PAYMENTS
5.1 COUNTY will pay UNIVERSITY total sum as indicated on Exhibit A in support of salary g
and fringe benefits expenses for Extension Services for the period under the Initial Term
commencing on the Effective Date of this AGREEMENT through September 30, 2024. X
Funding for each subsequent COUNTY fiscal year under the Initial Term shall be X
determined and provided to UNVIERSITY in accordance with Section 5.2 Total sum is Wi
based upon known current salary cost at the time of Exhibit A development and could be
modified subsequently if estimates were not sufficient to cover actual costs. This U-
AGREEMENT is cost reimbursable. N
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5.2 COUNTY will make payment to UNIVERSITY for initial term and each subsequent
COUNTY fiscal year, subject to, and to the extent of, the following: (i) COUNTY's
approval of the budget request submitted by UNIVERSITY for such fiscal year, (ii) the
Board's approval of COUNTY's annual budget. 0
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5.3 Salaries outlined on Exhibit A for Initial Term and each subsequent COUNTY fiscal year 0
will be modified and submitted annually to COUNTY by UNIVERSITY. Exhibit A is an 2
estimate of projected salary and fringe benefit expenses for the year and shall not require a
separate written amendment to this AGREEMENT to implement. Actual expenses may
vary due to vacancies, midyear promotions, new hires, unexpected changes in fringe
benefit costs and other UNIVERSITY adjustments as indicated in Section 3.1.5.4.
UNVIVERSITY will submit Exhibit A to COUNTY annually per the following timetable:
Proposed Annual Budget Request by March 1st — UNIVERSITY will include
proposed figures for COUNTY to begin budget process.
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Annual Budget Request by July 1st — UNIVERSITY will make necessary
adjustments to Exhibit A figures as needed and submit a final budget request to
COUNTY for approval.
5.4 UNIVERSITY will not charge Facilities and Administrative costs to COUNTY.
5.5 COUNTY agrees to pay UNIVERSITY 5%salary support for Extension Business Services
personnel as indicated on Exhibit A.
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5.6 UNIVERSITY invoice(s) will be cost reimbursable and issued in accordance with the >-
"Anticipated Payment Schedule" on Exhibit A. COUNTY will make payment to
UNIVERSITY within thirty (30) days after the receipt of UNIVERSITY invoice(s) for CL
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initial term and each subsequent COUNTY fiscal year.
5.7 Payment shall be made to UNIVERSITY at the address designated in the Notices section
under Section 12.5. X
5.8 UNIVERSITY shall expend all funds received from COUNTY under this AGREEMENT
only on expenses directly related to the provision of Extension Services. UNIVERSITY
shall be required to maintain specific accounts and records of expenses incurred with g
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funding received from COUNTY and shall promptly share such records with COUNTY
upon request.
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ARTICLE 6. USE OF COUNTY PROPERTY CL
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6.1 COUNTY hereby grants to UNIVERSITY the right, license, and privilege to utilize the U-
Premises to provide the Extension Services in accordance with the terms of this N
AGREEMENT.
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6.2 UNIVERSITY shall not utilize the Premises for any other purpose not specifically
authorized under this AGREEMENT without the prior written consent of COUNTY.
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6.3 UNIVERSITY agrees to notify the County Administrator of any maintenance and repair 0
needed on the Premises during the term of this AGREEMENT.
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If the Premises, or any portion thereof, is damaged by any casualty and in COUNTY's
reasonable opinion the Premises, or any damaged portion thereof, is unsafe for use by
UNIVERSITY and the public, COUNTY shall provide UNIVERSITY with an alternate
workspace(s) for Extension Faculty to provide the Extension Services under this
AGREEMENT. In such an event, COUNTY will request funding from the Board, as part
of its annual capital improvements program, for the Division to restore or replace the
existing damaged Premises, or any portions thereof, as needed, for UNIVERSITY to
relocate back to such premises.
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6.4 If COUNTY determines it is necessary or is required by any governmental authority with
jurisdiction to close the Extension Education Building, or any portion thereof, COUNTY
will notify UNIVERSITY of such needed closure and work closely with UNIVERSITY
towards an orderly process for closure under the circumstances. COUNTY shall not be
held responsible for any lost revenue or loss of use of the Premises or reductions in
programming resulting from any change in hours of operations or use of the Extension
Education Building necessitated by any such closure.
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6.5 UNIVERSITY shall be responsible for informing the County Administrator or designee of >-
all injuries or damage to any persons, or to any real or personal property on the Premises
during the term of this AGREEMENT (ordinary wear and tear excepted). CL
ARTICLE 7. LIABILITY
7.1 Nothing herein is intended to serve as a waiver of sovereign immunity by any party nor X
shall anything included herein be construed as consent to be sued by third parties in any
matter arising out of this AGREEMENT or any other contract. The Parties are state
agencies or political subdivisions as defined in Section 768.28, Florida Statutes, and shall
be fully responsible for the acts and omissions of their respective agents or employees when g
acting within the scope of their agency or employment, to the extent permitted by law.
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7.2 COUNTY shall not be liable for any damage or injury which may be sustained by any X
person(s)resulting from any of the Extension Services activities or operations provided by Wi
UNIVERSITY under this AGREEMENT. UNIVERSITY shall not be liable for any
damage or injury which may be sustained by any person(s) resulting from any of U-
COUNTY's activities or operations under this AGREEMENT. N
ARTICLE 8. INSURANCE
8.1 The Parties are governmental entities subject to Section 768.28, Florida Statutes, and each
party shall furnish the other party, upon request, with written verification of liability 0
protection in accordance with state law prior to final execution of this Agreement. The 0
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acquisition of any commercial liability insurance coverage, self-insurance coverage, or a
local government liability insurance pool coverage shall not be deemed a waiver of 2
immunity to the extent of liability coverage, nor shall this Agreement or any contract
entered by COUNTY be required to contain any provision for waiver.
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ARTICLE 9. TERMINATION
9.1 This Agreement may be terminated for cause by the aggrieved party if the party in breach
has not corrected the breach within thirty (30) days after receipt of written notice from the
aggrieved party identifying the breach. This AGREEMENT may also be terminated for
convenience by either party as provided in Section 9.2. Notwithstanding any provision to
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the contrary under this AGREEMENT,the continuation of this AGREEMENT beyond the
end of any COUNTY fiscal year is subject to both the appropriation and the availability of
funds in accordance with Chapter 129, Florida Statutes. In the event such funding ceases,
COUNTY will provide written notice to UNIVERSITY at the address provided for Notice
in Section 12.5, and this AGREEMENT shall automatically terminate at the end of the then
current COUNTY fiscal year, or sixty (60) days after such notice provided by COUNTY,
whichever comes later.
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9.2 This AGREEMENT may be terminated for convenience by either party by providing
twelve(12)months prior written notice to the other party at the address provided for Notice
in Section 12.5. Termination for convenience by COUNTY shall be by the Board, which
shall be effective on the termination date stated in written notice provided by COUNTY,
which termination date shall be not less than twelve (12) months after the date of such
written notice.
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ARTICLE 10. CRIMINAL BACKGROUND SCREENING
10.1 UNIVERSITY shall conduct criminal background screening on its officers, agents,
employees, volunteers, and Subcontractors who will be providing any of the Extension g
Services under this AGREEMENT prior to the performance of any such services. Such
screening shall be in accordance with UNIVERSITY's background screening policies and X
as required by law, which, at a minimum, shall include screening to prohibit any person X
who is listed as a sexual predator or sexual offender on the Florida Department of Law Wi
Enforcement, Sexual Offenders and Predators Website or the United States Department of
Justice, National Sex Offender Public Website from providing any Extension Services U_
under this AGREEMENT. N
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10.2 In the event UNIVERSITY obtains, or is provided, supplemental criminal background
information, including police reports and arrest information,which potentially disqualifies
a person previously deemed eligible by UNIVERSITY to provide any of the Extension
Services under this AGREEMENT, UNIVERSITY shall take immediate action to review 0
the matter; however, during such review time and until a determination of eligibility is 0
made by UNIVERSITY based on the requirements of this section, UNIVERSITY shall
immediately cease allowing the person to provide any of the Extension Services. 2
Additionally, UNIVERSITY shall be required to inform all persons who have been
background screened,pursuant to this section and who are providing any of the Extension
Services under this AGREEMENT,to notify UNIVERSITY within twenty-four(24)hours
of any arrest related to violence or sexual misconduct which has occurred after the person
was deemed eligible to provide such services.
ARTICLE 11. NONDISCRIMINATION
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11.1 The parties 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. The parties 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 VII of the Civil
Rights Act of 1964 (PL 88-352),which prohibit discrimination in employment on the basis
of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment N
of 1972, as amended (20 USC §§ 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 § 794),which prohibits discrimination on the basis of handicaps; 4) The
Age Discrimination Act of 1975, as amended (42 USC §§ 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 ;2
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation X
Act of 1970 (PL 91616), as amended,relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC
§§ 690dd-3 and 290ee-3), as amended,relating to confidentiality of alcohol and drug abuse
patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as g
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amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to X
time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe X
County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, Wi
color, sex, religion, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; and 11) any other nondiscrimination provisions in any U-
federal or state statutes which may apply to the parties to, or the subject matter of, this N
Agreement. >-
ARTICLE 12. MISCELLANEOUS
12.1 RIGHTS IN DOCUMENTS AND WORK. UNIVERSITY shall furnish COUNTY with 0
copies of any documents or data created by UNIVERSITY as part of the Extension 0
Services, upon request of COUNTY. If a copyright is registered, UNIVERSITY grants
permission to COUNTY to use the copyrighted item(s) in part or in full for educational 2
purposes, and to make and distribute copies to the public, provided that credit is given to
UNIVERSITY.
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12.2 PUBLIC RECORDS. 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.
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12.3 AUDIT RIGHTS, AND RETENTION OF RECORDS. COUNTY shall have the right to
audit the books, records, and accounts of UNIVERSITY and its Subcontractors that are
related to this Agreement. UNIVERSITY and its Subcontractors shall keep such books,
records, and accounts as may be necessary in order to record complete and correct entries
related to this AGREEMENT and performance thereunder. All books, records, and
accounts of UNIVERSITY and its Subcontractors shall be kept in written form, or in a
form capable of conversion into written form within a reasonable time, and upon request
to do so, UNIVERSITY or its Subcontractor, as applicable, shall make same available at
no cost to COUNTY in written form.
UNIVERSITY shall preserve and make available, at reasonable times within Monroe
County for examination and audit by COUNTY, all financial records, supporting
documents, statistical records, and any other documents pertinent to this AGREEMENT
for a minimum period of five (5) years after expiration or termination of this ;2
AGREEMENT or until resolution of any audit findings, whichever is longer. COUNTY X
audits and inspections pursuant to this section may be performed by any COUNTY
representative (including any outside representative engaged by COUNTY). COUNTY
reserves the right to conduct such audit or review at UNIVERSITY's place of business, if
deemed appropriate by COUNTY, with seventy-two (72) hours' advance notice. g
Any incomplete or incorrect entry in such books. records, and accounts shall be a basis for
COUNTY's disallowance and recovery of any payment upon such entry. X
12.4 THIRD PARTY BENEFICIARIES. Neither UNIVERSITY nor COUNTY intends to X
directly or substantially benefit a third party by this AGREEMENT. Therefore,the Parties Wi
acknowledge that there are no third-party beneficiaries to this AGREEMENT and that no
third party shall be entitled to assert a right or claim against either of them based upon this U_
AGREEMENT. N
N
12.5 NOTICES. In order for a notice to a party to be effective under this AGREEMENT,notice
must be sent via U.S. first-class mail with a contemporaneous copy via e-mail to the 2
addresses listed below and shall be effective upon mailing. The addresses for notice shall
remain as set forth herein unless and until changed by providing notice of such change in 0
accordance with the provisions of this section. 0
0
FOR COUNTY: 2
MONROE COUNTY BOCC
County Administrator
1100 Simonton Street
Key West, FL 33040
and copied to
MONROE COUNTY ATTORNEY
1111 12th Street, Ste. 408
Key West, FL 33040
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C.18.a
With a copy to:
OF/IFAS Extension Monroe County
1100 Simonton ST. 2-260
Key West, Fl 33040
Email: Betancourt-alicia@monroecounty-fl.gov
N
FOR UNIVERSITY: N
University of Florida >_
Division of Sponsored Research
207 Grinter Hall, P.O. Box 115500 C,
Gainesville, Florida 32611-5500
Email address: ufawards@ufl.edu
With a copy to: X
University of Florida
IFAS Extension Business Services
1604 McCarty Drive, Suite 1030 g
PO Box 110250
a�
Gainesville, Florida 32611-0250 X
x
12.6 ASSIGNMENT AND PERFORMANCE. Except for subcontracting approved in writing
by COUNTY at the time of its execution of this AGREEMENT or any written amendment N�
hereto, neither this AGREEMENT nor any right or interest herein may be assigned, U_
transferred, subcontracted, or encumbered by UNIVERSITY without the prior written N
consent of COUNTY. If UNIVERSITY violates this provision, COUNTY shall have the >_
right to immediately terminate this AGREEMENT. UNIVERSITY represents that each
person and entity that will provide services under this AGREEMENT is duly qualified to 2
perform such services by all appropriate governmental authorities, where required, and is
sufficiently experienced and skilled in the area(s) for which such person or entity will 0
render services. UNIVERSITY agrees that the Extension Services shall be performed in a 0
skillful and respectful manner.
0
12.7 MATERIALITY AND WAIVER OF BREACH. Each requirement, duty, and obligation
set forth herein was bargained for at arm's-length and is agreed to by the Parties. Each
requirement, duty, and obligation set forth herein is substantial and important to the
formation of this AGREEMENT, and each is, therefore, a material term hereof. Either
parties failure to enforce any provision of this AGREEMENT shall not be deemed a waiver
of such provision or modification of this AGREEMENT. A waiver of any breach of a
provision of this AGREEMENT shall not be deemed a waiver of any subsequent breach
and shall not be construed to be a modification of the terms of this AGREEMENT.
UF#AGR00022790 Pag
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C.18.a
12.8 COMPLIANCE WITH LAWS. The Parties shall comply with all applicable federal, state,
and local laws, codes, ordinances, rules, and regulations in performing its duties,
responsibilities, and obligations pursuant to this AGREEMENT.
12.9 SEVERABILJTY. In the event any part of this AGREEMENT is found to be unenforceable
by any court of competent jurisdiction, that part shall be deemed severed from this
AGREEMENT and the balance of this AGREEMENT shall remain in full force and effect. i
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12.10 JOINT PREPARATION. This AGREEMENT has been jointly prepared by the Parties
hereto and shall not be construed more strictly against either party. °'
12.11 PRIORITY OF PROVISIONS. If there is a conflict or inconsistency between any term,
statement, requirement, or provision of any document or exhibit attached hereto or
referenced or incorporated herein and any provision of Articles 1 through 12 of this ;2
AGREEMENT,the provisions contained in Articles 1 through 12 shall prevail and be given X
effect.
12.12 LAW, JURISDICTION. VENUE, WAIVER OF JURY TRIAL This AGREEMENT shall
be interpreted and construed in accordance with and governed by the laws of the state of g
U)
Florida. The exclusive venue for any lawsuit arising from,related to, or in connection with
this AGREEMENT shall be in the state or federal courts of Monroe County, Florida. BY X
ENTERING INTO THIS AGREEMENT, UNIVERSITY AND COUNTY HEREBY X
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY
JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY
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FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING U-
OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY N
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OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR
JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES
AND COSTS OF THE- OTHER PARTY IN CONTESTING THE REQUEST FOR JURY
TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN
ADJUDICATING THE MOTION. 0
U
0
12.13 AMENDMENTS. No modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document prepared with 2
the same or similar formality as this AGREEMENT and executed by the Board and
UNIVERSITY or others delegated authority or otherwise authorized to execute same on
their behalf.
12.14 PRIOR AGREEMENTS. This AGREEMENT represents the final and complete
understanding of the Parties regarding the subject matter hereof and supersedes all prior
and contemporaneous negotiations and discussions regarding that subject matter. There is
no commitment, AGREEMENT, or understanding concerning the subject matter of this
AGREEMENT that is not contained in this written document.
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C.18.a
12.15 INCORPORATION BY REFERENCE. All Recital clauses stated above are true and
correct and are incorporated herein by reference. The attached Exhibits are incorporated
into, and made a part of, this AGREEMENT.
12.16 REPRESENTATION OF AUTHORITY. Everyone executing this AGREEMENT on
behalf of a party hereto hereby represents and warrants that he or she is, on the date he or
she signs this AGREEMENT, duly authorized by all necessary and appropriate action to
execute this AGREEMENT on behalf of such party and does so with full legal authority.
a�
12.17 COUNTERPARTS AND MULTIPLE ORIGINALS. This AGREEMENT may be
executed in multiple originals, and may be executed in counterparts, each of which shall
be deemed to be an original, but all of which, taken together, shall constitute one and the
same AGREEMENT.
X
12.18 PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and any applicable rules and regulations, and pensions
and relief, disability,workers' compensation, and other benefits which apply to the activity
of each party's respective officers, agents, or employees when performing their respective g
U)
duties under this AGREEMENT within the jurisdictional boundaries of COUNTY shall
apply to the same degree and extent to the performance of such functions and duties of X
such officers, agents, volunteers, or employees outside the jurisdictional boundaries of X
COUNTY.
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12.19 NO PERSONAL LIABILITY. No covenant or AGREEMENT contained herein shall be U-
deemed to be a covenant or AGREEMENT of any member, officer, agent, or employee of CN
COUNTY or UNIVERSITY in his or her individual capacity, and no member, officer, >-
agent, or employee of COUNTY or UNIVERSITY shall be subject to any personal liability
or accountability by reason of the execution of this AGREEMENT.
12.20 BINDING EFFECT. The terms, covenants, conditions, and provisions of this 0
AGREEMENT shall bind and inure to the benefit of the Parties and their respective legal 0
0
representatives, successors, and assigns.
0
12.21 COVENANT OF NO INTEREST. Neither parry 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 the only interest of each party is to perform and receive
benefits as set forth in this AGREEMENT.
12.22 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
UF#AGR00022790 Pag
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C.18.a
compensation; misuse of public position, conflicting employment or contractual
relationship; and disclosure or use of certain information.
12.23 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 0
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.
12.24 Privileges and Immunities. All of the privileges and immunities from liability, exemptions X
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 g
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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 X
COUNTY. x
12.25 Legal Obligations and Responsibilities and Non-Delegation of Constitutional or Statutory N
Duties.This AGREEMENT is not intended to, nor shall it be construed as, relieving any U_
participating entity from any obligation or responsibility imposed upon the entity by law N
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, 2
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. 0
0
0
[The remainder of the page is intentionally left blank.] 2
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C.18.a
IN WITNESS WHEREOF, the Parties hereto have made and executed this
AGREEMENT this day of October, 2021.
FOR COUNTY:
(SEAL) BOARD OF COUNTY COMMISSIONERS
N
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA CD
By
As Deputy Clerk Mayor/Chairman
M
FOR UNIVERSITY:
X
APPROVED BY: WITNESSED BY:
Di itall si ned b Elizabeth y
Date:
Y 9 Y
Keeter
Date:2021.10.0116:0835
-04'
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Division of Sponsored Programs Signature
Elizabeth Keeter, Assistant X
Director for Research Joni Hubbard, Contracting Officer
Printed Name Printed Name and Title CL
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October 1, 2021 October 1 2021
Date Date N
0
COUNTYFCC (D tA rp)JOVE
ASSI TM UNTY ATTORNSY
as
bete 8/3/21 E
UF#AGR00022790 Pag
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C.18.a
Exhibit "A" -FY 2022 Proposed Projected Annual Expense Budget
Monroe County
FY 2022 Sraninunar
rani rarall Budget: 10JOU2021 - 9/30/20 2
Prepared: 07/01/2021
Payroll Due From County for FY 2022 N
Bradigan-Betancourt,Alicia $ 40,516.06 N
Krueger, Shelly $ 38,208.65 >-
Leonard-Mularz, Michelle $ 28,191.99
OF Support Position $ 3,805.63CL
Total Payroll: $ 110,722.33
Total Projected Budget for FY 2022 ,
Total $ 110,722.33
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Anticipated Payment Schedule:
January 15 $ 27,680.58
ApirliI15 $ 27,680.58
Ju.Iy "l5 $ 27,680.58
Oa,d:a:ulber 15 $ 27,680.58
Total: 110,722.33 �
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* Cost Reimubursable Agreement-Quarterly invoices will be based on
actual expenses incurred during the quarter. LU
Please remit invoices to: N
OF/IFAS Extension Monroe County U-
1100 Simonton Street, Ste#2-260
Key West, FL 33040 N
Email: morey-brynn@monroecounty-fl.gov
cc: betancourt-Alaicia@monroecounty-fl.gov
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Exhibit "A" - FY2023 Proposed Projected Annual Expense Budget
Monroe County
FY2023 Stinrninrn iy
Annual tludget', 16101/2 2 - 136i21"23
Prepared: 0810512022
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Payroll Due From County for FY202
Bradigan-Betancourt, Alicia $ 42,147.17
Krueger, Shelly $ 40,641.17
Leonard-Mularz, Michelle $ 29,182.98
OF Support Position $ 4,448.73 a
Total Payroll: $ 116,420.05
Total Projected Budget,for FYA21
Total $ 116,420.05 w
Anticipated Payment Schedule:
Jai nu.airy " 5 $ 29,105.01
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Ju.Iy " 5 $ 29,105.01
Ou,d:olbeir " 5 $ 29,105.01
Total: $ 116,420.
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*Cost Reimubursable Agreement-Quarterly invoices will be LO
based on actual expenses incurred during the quarter. 00
Please remit invoices to:
OF/IFAS Extension Monroe County
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Key West, FL 33040
Email: morey-brynn@monroecounty-fl.gov a
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