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Item C04 C4 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting August 21, 2024 Agenda Item Number: C4 2023-2719 BULK ITEM: Yes DEPARTMENT: Extension Services TIME APPROXIMATE: STAFF CONTACT: Alicia Betancourt(305)852-7177 N/A AGENDA ITEM WORDING: Approval of a two-year extension to the Memorandum of Understanding (MOU) between Monroe County and the University of Florida (UF) effective October 1, 2024, and updating Exhibit A of the MOU to reflect the County's portion for FY 2025 payroll costs of $144,505.96 for three FTE jointly funded Extension Agent positions. ITEM BACKGROUND: A Memorandum of Understanding (MOU) was executed effective October 1, 2021 through September 30, 2024, between the University of Florida Board of Trustees (UF) and Monroe County, providing cooperation and funding of the Extension Service program in Monroe County. This extension of the MOU will extend the contractual agreement for two additional years, from October 1, 2024, through September 30, 2026. Additionally, the MOU specifies that 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 been appropriated in the 2025 Extension Services budget. 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. A new MOU was approved effective October 1, 2021. INSURANCE REQUIRED: Yes 115 CONTRACT/AGREEMENT CHANGES: Contract extension of the MOU for two years. In accordance with the MOU, the revised annual update to Exhibit A for FY 25 is being approved. STAFF RECOMMENDATION: Approval. DOCUMENTATION: First Amendment to Extension MOU Extension MOU with OF for FY 2022 Monroe County FY25 Final 4-8-24.pdf FINANCIAL IMPACT: Effective Date: October 1, 2024 Expiration Date: September 30, 2026 Total Dollar Value of Contract: $144,505.96 Total Cost to County: $144,505.96 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: Additional Details: 116 FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING between University of Florida and the Board of County Commissioners of Monroe County, Florida THIS FIRST AMENDMENT, to the Contract is made this day of , 2024 between Monroe County Board of County Commissioners,a political subdivision of the State of Florida(County)and the University of Florida Board of Trustees(University). WHEREAS, COUNTY and UNIVERSITY recognize the importance of educating Monroe County residents concerning the COUNTY's agriculture,human and natural resources,and the life sciences; and WHEREAS,the COUNTY has requested UNIVERSITY's assistance in developing a program to provide such education to county residents; and WHEREAS,on October 21,2021,the COUNTY and the UNIVERSITY entered into a Memorandum of Understanding(MOU); and WHEREAS,COUNTY and UNIVERSITY hereby incorporate the recitals in the original MOU as though fully set forth herein; and WHEREAS,the term of the original MOU ends September 30,2024; and WHEREAS, the COUNTY and UNIVERSITY would like to continue the education extension service provided by the University in a manner that will require revision of the existing agreement as contemplated in the Contract adopted October 20,2021; and WHEREAS, in order to avoid a break in the services provided by the University and allow for the adoption of a new Agreement,the COUNTY and UNIVERSITY find it reasonable and appropriate to extend the existing Contract until September 30,2026,and provide additional funding. NOW, THEREFORE, in consideration of the mutual promises and agreements set forth in the existing Memorandum of Understanding and this Amendment,the parties hereby agree as follows: 1. The above recitals are true and correct and incorporated herein as though fully set forth below. 2. Paragraph 4.1 of the Original Memorandum of Understanding is hereby amended as follows: 4.1 This AGREEMENT shall commence following the complete execution of this AGREEMENT by the Parties October 1,2021 ("Effective Date")and shall continue through September 30,2026 ("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 1 117 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. 3. All references to Exhibit A in the Original Memorandum of Understanding are hereby amended only to reflect the updated funding for FY 2025, which is attached hereto as "Exhibit A-1 st Revised", and made a part hereof. 4. In all other respects, the Original Memorandum of Understanding, dated October 20, 2021, not inconsistent herewith,remains in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this amendment to be executed the day, month and year aforesaid. Attest: MONROE COUNTY: Clerk of Court BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: BY: Deputy Clerk Chairman APPROVED AS TO FORM &LEGAL SUFFICIENCY Monr a ounty Attorney's Office 08 01 2024 N thalia Mellies Archer Assi taut County Attorney APPROVED BY: WITNESSED BY: UNIVERSITY OF FLORIDA, Division of Sponsored Programs Digitally signed by Kevin Wilson Date:2024.06.1315:10:54 BY: Kevin Wilson BY: Lisa Stroud, Associate Director Gene Hoskins, Sponsored Programs Officer Manager Printed Name and Title Printed Name and Title 08/01/2024 08/01/2024 Date Date 2 118 Exhibit "A" - FY2025 Final Projected Annual Expense Budget tfthr*61 County FY2025 Summa nnoall Budget: 1010 1 024-9/30/2025 Pire ered: 41812024 Payroll Clue From County for FY2025 Bradigan-Betancourt, Alicia $ 49 816.24 Krueger, Shelly $ 49,058.93 Quirico Bautista, Maria $ 40,252.83 OF Support Position $ 5,377.97 Total Payroll: $ 144,505.96 Total`Projected Budget for FY2025 Total $ 144,505.96 Anticipated Payment Schedule: Jainuairy"fl5 $ 36,126.49 Apiriill °15 $ 36,126.49 Dully"fl5 $ 36,126.49 October '15 $ 36,126.49 Total: 144,50596,, *Cost Reimubursable Agreement-Quarterly invoices will be based on actual expenses incurred during the quarter. Please remit invoices to: OF/IFAS Extension Monroe County 1100 Simonton Street, Ste#2-260 Key West, FL 33040 Email: morey-brynn@monroecounty-fl.gov cc: alicia-betancourt@monroecounty-fl.gov 119 00 °F..y� Kevin Madok, CPA �: 3, .....:.. Clerk of the Circuit Court&Comptroller—Monroe County, Florida N �yy ROE COVN ' DATE: October 27, 2021 TO: Alicia Betancourt, Director Extension Services FROM: Pamela G. Hanco&• SUBJECT: October 20'h BOCC Meeting Attached is an electronic copy of the following item for your handling. D24 Replace the annual Schedule A for Extension Memorandum of Understanding (MOU)Fiscal Year 2022; and to update to the previously adopted MOU with the University of Florida covering the county portion of the Extension agents' salaries. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 83050 Plantation Key,Florida 33070 Plantation Key,Florida 120 305-294-4641 305-289-6027 305-852-7145 305-852-7145 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 "party" or collectively as "parties." 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 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 faculty members, scientists, educators, administrative staff, and volunteers working cohesively throughout Florida's 67 counties; and WHEREAS, UNIVERSITY is responsible for planning and implementing educational programs for agriculture producers, families, homeowners, and young people within the County; and WHEREAS, said programs will be developed and implemented in the County by Extension Faculty employed by UNIVERSITY, with support from COUNTY, to work directly 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 process, area subject matter information and other materials or methods as deemed necessary by Extension Agents 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: 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 UF#AGR00022790 Page 1 of 19 121 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. This AGREEMENT establishes the respective responsibilities of the University of Florida, through OF/IFAS Extension Service (UNIVERSITY) and the COUNTY. The purpose of this 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. ARTICLE 1. DEFINITIONS 1.1 Board. The Board of County Commissioners of Monroe County, Florida. 1.2 County Administrator. The administrative head of COUNTY appointed by the Board. 1.3 County Attorney. The chief legal counsel for COUNTY appointed by the Board. 1.4 County Extension Director or "CED." The employee of UNIVERSITY responsible for the administration of the Extension Services and the administrative contact for the Programs described herein. 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 1.7 Extension Education Building. The County-owned building located on the Premises described herein for UNIVERSITY to provide the Extension Services under this AGREEMENT. 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. UF#AGR00022790 Page 2 of 19 122 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 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). 2.2 Develop and distribute creative works and educational materials to the community. 2.3 Develop and sustain partnerships with community agencies and leaders,businesses, media and the public. 2.4 Extend educational training through volunteer systems. ARTICLE 3. RESPONSIBILITIES The responsibilities of COUNTY and UNIVERSITY relating to the Extension Services provided under the AGREEMENT shall be as follows: 3.1 With respect to hiring Extension Faculty, 3.1.1 UNIVERSITY and COUNTY will hold joint discussion and agree on whether to fill vacancies in positions of Extension Faculty. 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. UF#AGR00022790 Page 3 of 19 123 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 parry will pay. Typically, UNIVERSITY pays 60- 70% and COUNTY pays 30-40% of salary. 3.1.5.2 UNIVERSITY will determine the total amount of the starting base salary of Extension Faculty. 3.1.5.3 As outlined in Section 5 Exhibit A, UNIVERSITY and COUNTY will each pay its own respective portion of all salaries and fringe benefits for Extension Faculty with joint or state 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 Extension Faculty and submit the COUNTY'S portion of this figure to COUNTY annually through Exhibit A. 3.2 Responsibilities of UNIVERSITY: 3.2.1 Through the County Extension Director (CED), prepare and submit an annual budget request to the County Administrator or designee for the County's share of funds for 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 technology and assist Extension Faculty in the conduction of education programs in these areas. 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 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 UF#AGR00022790 Page 4 of 19 124 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. 3.3 Responsibilities of COUNTY 3.3.1 With respect to Extension Faculty, COUNTY shall: 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 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. 3.3.2 With respect to Management and Administration, COUNTY shall: 3.3.2.1 Review and consider the annual departmental budget requests from UNVIERSITY and act thereon as COUNTY may deem appropriate. 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 County Extension Office. 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. 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 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. UF#AGR00022790 Page 5 of 19 125 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 leave upon separation will be established and maintained by the UNIVERSITY, and shall apply to Extension Faculty. 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 direction of COUNTY or designee and the UNIVERSITY's Dean of Extension or designee. 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 UNIVERSITY will apply to Extension Faculty. 3.4.8 Extension shall follow County fiscal processes and policies for County operating funds. 3.4.9 Extension Faculty will be permitted to charge appropriate fees for Extension programs. These fees will be retained by UNIVERSITY for use in program support in accordance with UNIVERSITY policy. 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. 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 training materials to the public and targeted audiences, and other duties as needed for agriculture related emergency duty assignments. Coordination will be made through the County Extension Director or designee. 3.4.12 OF/IFAS Extension Faculty assigned to work during a Local State of Emergency, as declared by Monroe County Board of County Commissioners,may be entitled to additional pay or other benefits, to which COUNTY will be solely responsible to fund. htt s://benefitsl r.ufl.ed�/ti� e-away/other-ty es-of leave/administrative- leave/administrative-leave-guidance-for-etuergency-clos Lire s/ 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 UF#AGR00022790 Page 6 of 19 126 (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 4.1 This AGREEMENT shall commence following the complete execution of this 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. ARTICLE 5. FUNDING AND PAYMENTS 5.1 COUNTY will pay UNIVERSITY total sum as indicated on Exhibit A in support of salary 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. Funding for each subsequent COUNTY fiscal year under the Initial Term shall be determined and provided to UNVIERSITY in accordance with Section 5.2 Total sum is 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 AGREEMENT is cost reimbursable. 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. 5.3 Salaries outlined on Exhibit A for Initial Term and each subsequent COUNTY fiscal year will be modified and submitted annually to COUNTY by UNIVERSITY. Exhibit A is an 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. UF#AGR00022790 Page 7 of 19 127 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. 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 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. 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 funding received from COUNTY and shall promptly share such records with COUNTY upon request. ARTICLE 6. USE OF COUNTY PROPERTY 6.1 COUNTY hereby grants to UNIVERSITY the right, license, and privilege to utilize the Premises to provide the Extension Services in accordance with the terms of this AGREEMENT. 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. 6.3 UNIVERSITY agrees to notify the County Administrator of any maintenance and repair needed on the Premises during the term of this AGREEMENT. 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. UF#AGR00022790 Page 8 of 19 128 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. 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). ARTICLE 7. LIABILITY 7.1 Nothing herein is intended to serve as a waiver of sovereign immunity by any party nor 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 acting within the scope of their agency or employment, to the extent permitted by law. 7.2 COUNTY shall not be liable for any damage or injury which may be sustained by any person(s)resulting from any of the Extension Services activities or operations provided by 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 COUNTY's activities or operations under this AGREEMENT. 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 protection in accordance with state law prior to final execution of this Agreement. 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 this Agreement or any contract entered by COUNTY be required to contain any provision for waiver. 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 UF#AGR00022790 Page 9 of 19 129 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. 9.2 This AGREEMENT may be terminated for convenience by either party by providing twelve(12)months prior written notice to the other parry 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. 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 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 as required by law, which, at a minimum, shall include screening to prohibit any person who is listed as a sexual predator or sexual offender on the Florida Department of Law Enforcement, Sexual Offenders and Predators Website or the United States Department of Justice, National Sex Offender Public Website from providing any Extension Services under this AGREEMENT. 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 the matter; however, during such review time and until a determination of eligibility is made by UNIVERSITY based on the requirements of this section, UNIVERSITY shall immediately cease allowing the person to provide any of the Extension Services. 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 UF#AGR00022790 Page 10 of 19 130 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 parry, 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 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 Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation 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 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 time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, 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. ARTICLE 12. MISCELLANEOUS 12.1 RIGHTS IN DOCUMENTS AND WORK. UNIVERSITY shall furnish COUNTY with copies of any documents or data created by UNIVERSITY as part of the Extension 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 purposes, and to make and distribute copies to the public, provided that credit is given to UNIVERSITY. 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. UF#AGR00022790 Page 11 of 19 131 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 AGREEMENT or until resolution of any audit findings, whichever is longer. COUNTY 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. 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. 12.4 THIRD PARTY BENEFICIARIES. Neither UNIVERSITY nor COUNTY intends to directly or substantially benefit a third party by this AGREEMENT. Therefore,the Parties acknowledge that there are no third-party beneficiaries to this AGREEMENT and that no third parry shall be entitled to assert a right or claim against either of them based upon this AGREEMENT. 12.5 NOTICES. In order for a notice to a parry 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 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 accordance with the provisions of this section. FOR COUNTY: 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 UF#AGR00022790 Page 12 of 19 132 With a copy to: OF/IFAS Extension Monroe County 1100 Simonton ST. 2-260 Key West, Fl 33040 Email: Betancourt-alicia@monroecounty-fl.gov FOR UNIVERSITY: University of Florida Division of Sponsored Research 207 Grinter Hall, P.O. Box 115500 Gainesville, Florida 32611-5500 Email address: ufawards@ufl.edu With a copy to: University of Florida IFAS Extension Business Services 1604 McCarty Drive, Suite 1030 PO Box 110250 Gainesville, Florida 32611-0250 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 hereto, neither this AGREEMENT nor any right or interest herein may be assigned, transferred, subcontracted, or encumbered by UNIVERSITY without the prior written 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 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 render services. UNIVERSITY agrees that the Extension Services shall be performed in a skillful and respectful manner. 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 Page 13 of 19 133 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. 12.10 JOINT PREPARATION. This AGREEMENT has been jointly prepared by the Parties hereto and shall not be construed more strictly against either parry. 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 AGREEMENT,the provisions contained in Articles 1 through 12 shall prevail and be given 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 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 ENTERING INTO THIS AGREEMENT, UNIVERSITY AND COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY 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. 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 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. UF#AGR00022790 Page 14 of 19 134 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. 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. 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 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 such officers, agents, volunteers, or employees outside the jurisdictional boundaries of COUNTY. 12.19 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 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 AGREEMENT shall bind and inure to the benefit of the Parties and their respective legal representatives, successors, and assigns. 12.21 COVENANT OF NO INTEREST. Neither party 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 Page 15 of 19 135 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 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 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 limits of the COUNTY. 12.25 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. [The remainder of the page is intentionally left blank.] UF#AGR00022790 Page 16 of 19 136 IN WITNESS WHEREOF, the Parties hereto have made and executed this � _REEMENT this 20thday of October, 2021. 53 F � FOR COUNTY: z.. „emu `ysr (SEAL) BOARD OF COUNTY COMMISSIONERS EVIN MADOK, CLERK OF O TY,F By As Deputy Clerk Mayor/Chairman FOR UNIVERSITY: APPROVED BY: WITNESSED B : t Digitally signed by Elizabeth ��)��-(�{ Keeter I1dP.YJ�i bate;2021.10.0116:0836 U -04'00' Division of Sponsored Programs Signature Elizabeth Keeter,Assistant Director for Research Joni Hubbard, Contracting Officer Printed Name Printed Name and Title October 1, 2021 'October 1, 2021 Date Date ;n NROE COUNTY ATTORNEY -a ^ aOVED ;PFD O J: r�r ASSI . LINTY ATTORNEY � Date 8/3/21 -ri -an ca UF#AGR00022790 Page 17 of 19 137 Exhibit "A" -FY 2022 Proposed Projected Annual Expense Budget Monroe County FY 202 Summary AnnualBudget: 10/01/ 021 - /30/2022 Prepared: 07/ 1/2021' Payroll Due From County for FY 2022 Bradigan-Betancourt,Alicia $ 40,516.06 Krueger, Shelly $ 38,208.65 Leonard-Mularz, Michelle $ 28,191.99 OF Support Position $ 3,805.63 Total Payroll: $ 110,722.33 Total Projected Budget for FY 2022 Total $ 110,722.33 Anticipated Payment Schedule: January 1 $ 27,680.58 April 15 $ 27,680.58 July 15 $ 27,680.58 October 15 $ 27,680.58 Total: 110,722.33 * Cost Reimubursable Agreement-Quarterly invoices will be based on actual expenses incurred during the quarter. Please remit invoices to: OF/IFAS Extension Monroe County 1100 Simonton Street, Ste#2-260 Key West, FL 33040 Email: morey-brynn@monroecounty-fl.gov cc: betancourt-Alaicia@monroecounty-fl.gov UF#AGR00022790 Page 18 of 19 138 0 rn O N QOi � M O}: N N O): e0- m W A CL fA fA fA fA fA m V' m o N m m 0 0 c0 M V c0 O :::O N m N c0 0 0 N m O O� I� :.. w m N 10 6 I— O N O N m N M N N 0 4 V' m 0 m 6 O O O N c0 N:O O N N c0 ::O O r N M M p 0.: a w w m o Z, e w O w ,T e n N a' 'o r o r o r 'o .-m o ';o ao ao co o r u� N O o of r U. vi ai o, U "O �.v r V o o w m fJ'.. a aooN m o.. vom o omv o a:6wo w o'. m o:;: N M y; o N M y oo:,: N N y y F � U'; 0 U cl o o O G A M O M N N M N N N N N O M T �N N C; '. c �:.G o : C�:o N w V N W G:fi r' : O O 7 m m O m LL. V N c0 m Q' o A C Q N N N N m m m m v 2 m o N 5� O N 2 O N 2 M O a cn oo c� a cn a° � a cn oo a cn o- ni m ol m m m c0 C p M C p { OO p A p ol M a M a a a a w 0, w Ut c 16 o).v w'4 o o rn a <, .g a)L w N w O C) U V r c O o C w N cn of c o m o `�'...N o N o E.:. o o a o o. LLL O� o N'CI d n w o p: �6 a fl-•O 7 a fl-a D E, o� E'o �' �:i o� E w '- >.p o� E c '� o� E N :o m ii w 00 oo Y ii w Y d '.J ii w J d 7 ii w 7 d 139 Exhibit "A" - FY2025 Final Projected Annual Expense Budget Monroe County FY 0 5'Surniftary, An uual IB%jdtjet: 10/011202 -B//t0d00 1 I repdr d: 02/,o18/202 Payroll Due Fror County for FY2025' Bradigan-Betancourt, Alicia $ 49,816.24 Krueger, Shelly $ 49,058.93 Quirico Bautista, Maria $ 40,252.83 OF Support Position $ 5,377.97 Total Payroll: $ 144,505.96 Total Projected Budget for FY2025' Total $ 144,505.96 Anticipated Payment Schedule: Ja inuary "15 $ 36,126.49 AIpirlII "15 $ 36,126.49 J Uly "15 $ 36,126.49 Ock:)t)eir "15 $ 36,126.49 Total: $ 144,505;96 *Cost Reimubursable Agreement-Quarterly invoices will be based on actual expenses incurred during the quarter. 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