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Agenda 10/23/2018 Item #16D1210/23/2018 EXECUTIVE SUMMARY Recommendation to approve the First Amendment of the Memorandum of Understanding (MOU) between Collier County and University of Florida Board of Trustees on Behalf of Collier County Extension (UF) to clarify and update the shared salary and benefit contributions of Collier County and UF as stated in the MOU dated February 23, 1999. OBJECTIVE: To clarify and update the shared salary and benefit contributions of Collier County and UF as stated in the MOU dated February 23, 1999. CONSIDERATIONS: The University of Florida Institute of Food and Agricultural Sciences (UF/IFAS) Collier County Extension Service is a federal, State, and County partnership dedicated to developing knowledge in agriculture, human and natural resources, and the life sciences to make that knowledge accessible to County residents to sustain and enhance the quality of human life. This proposed amendment to the MOU is for the County to benefit from an offer from UF to contribute 10% salary, proportionate related salary/payroll expenses, and benefits/privileges available to UF faculty members. This is specially directed to the 100% County funded Program Coordinator position that is open and available to start the hiring process. UF acknowledges that by contributin g to the salary and benefits of this position, the County can convert the Coordinator job to a UF recognized Extension Agent with full faculty benefits and privileges. UF will then have the opportunity to increase training and science-based influence on the outreach of the position. The County will benefit financially, and the successful Extension Agent candidate will have increased growth opportunities as a UF faculty member. The MOU specifies the jointly funded portion of salary and benefits for design ated Extension Agents as 40% County funded and 60% UF funded. Flexibility is needed to convert existing 100% County funded Courtesy Agents or similar County positions to UF Extension Agents with faculty benefits and privileges. FISCAL IMPACT: By sharing the funding of the salary and proportionate salary/payroll expenses with UF, and UF providing all benefits and privileges available to UF faculty members under the UF benefit plans of former 100% County funded Courtesy Agent or similar County positions, the County will save a minimum of $19,000 per position annually upon succession. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. LEGAL CONSIDERATIONS: This Item is approved as to form and legality, and requires majority vote for Board approval -CMG RECOMMENDATION: To approve and authorize the Chairman to execute the First Amendment to the Memorandum of Understanding between Collier County and the University of Florida Board of Trustees on Behalf of Collier County Extension. Prepared By: Twyla Leigh, Director, University Extension Services Division ATTACHMENT(S) 1. MOU Amendment #1 Signed by UF (PDF) 2. MOU between Collier and UF 1999 (PDF) 16.D.12 Packet Pg. 1239 10/23/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.12 Doc ID: 7022 Item Summary: Recommendation to approve the First Amendment of the Memorandum of Understanding (MOU) between Collier County and University of Florida Board of Trustees on Behalf of Collier County Extension (UF) to clarify and update the shared salary and benefit contributions of Collier County and UF as stated in the MOU dated February 23, 1999. Meeting Date: 10/23/2018 Prepared by: Title: – University Extension Services Name: Twyla Leigh 10/11/2018 10:14 AM Submitted by: Title: – University Extension Services Name: Twyla Leigh 10/11/2018 10:14 AM Approved By: Review: Public Services Department Todd Henry Level 1 Reviewer Skipped 10/11/2018 3:38 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 10/11/2018 3:39 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/11/2018 4:47 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 10/12/2018 10:37 AM County Attorney's Office Emily Pepin CAO Preview Completed 10/12/2018 11:07 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/12/2018 11:07 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/12/2018 11:22 AM Budget and Management Office Ed Finn Additional Reviewer Completed 10/15/2018 9:04 AM County Manager's Office Heather Yilmaz Level 4 County Manager Review Completed 10/15/2018 5:17 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/23/2018 9:00 AM 16.D.12 Packet Pg. 1240 16.D.12.a Packet Pg. 1241 Attachment: MOU Amendment #1 Signed by UF (7022 : Univ. Extension MOU Amendment #1) 16.D.12.a Packet Pg. 1242 Attachment: MOU Amendment #1 Signed by UF (7022 : Univ. Extension MOU Amendment #1) MEMO UM OF UmEWSTAmING Flo~da Cooperafive Extension Service, Ins~hte of Food and Agriculhral Sciences, University of Flo~da and The Board of County Commissioners of Collier County, Flo~da 16.D.12.b Packet Pg. 1243 Attachment: MOU between Collier and UF 1999 (7022 : Univ. Extension MOU Amendment #1) MEMO UM OF ERST PNG is entered into this 1999, b political subdivisi of 330 1 Tarniami Trail, East, Naples, Florida 34 1 12, hereinafter referred to as ''CO~TU," and the Florida Cooperative Extension Service, a division of the Institute of Food and Agricultural Sciences (IFAS) ofthe University of Florida, having a mailing address of Post Ofice Box 1 10 180, Gainesville, Florida 3261 1, hereinafter referred to as uE%%7ENSION SERVIeEan REAS, the Extension Service was established for the specific purpose of extending educational information fiom the University to the people of the state on subjects relating to agriculture, family and consumer sciences, 4-H and youth, community and natural resource development, energy conservation, and marirle advisory programs; and AS, the laws creating the Extension Service were specifically designed to ensure that the findings of research in these areas were available to the people in their communities; and AS, to assure that educational programs offered by the Extension Service meet the needs of local clientele, it is important that both elected and appointed officials of each level of government understand their respective responsibilities and relationships in the conduct of this work. NOW, ORE, in consideration of the premises and covenants contained herein, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County and Extension Service agree as follows: I. - The intent of this document is to hrther enhance the cooperative relationship existing between the County and the Extension Service as provided by Section 240.505 Florida Statutes (Attachment No. 1). The Memorandum of Understanding is an effort to comply with the statute with maximum efficiency and to establish a clear and effective structure in which the County Extension Director, agents, and other employees of the Extension Service will be expected to operate while assigned to Collier County. A. With respect to County Extension faculty who receive any portion of their salary fiom the State of Florida, the Extension'se~ce will: 1. Establish minimum requirements and qualifications for employment of faculty in Extension Service work. 2. Advertise vacancies; receive and examine applications for employment. 3. Interview and screen applicants to determine their qualifications for employment in Extension Service work. 16.D.12.b Packet Pg. 1244 Attachment: MOU between Collier and UF 1999 (7022 : Univ. Extension MOU Amendment #1) 4. Recommend to the County qualified applicants for appointment to vacant or new County Extension faculty positions in keeping with provisions of Section 240.505, Florida Statute. 5. Recommend the starting salaries of County Extension faculty. B. With respect to management and administration, Extension Service will: 1. Through the County Extension Director prepare and submit a proposed annual budget to the County which shows all staffpositions, total salaries and benefits, and expenditures for operating the Extension program in the County. 2. Provide authorization and hnds necessary for required official state travel and per diem for faculty in-service training and other out-of-County program development meetings. 3. Provide County Extension hculty with official postage, envelopes, bulletins, leaflets, and other publications for educational purposes. When knding is provided by Collier County for the above, the statement, "Funding for the duplication of this publication is provided, in part, by the Collier County Board of County Commissioners," will be added. Any jointly fbnded publication will also feature the county logo if the University of Florida logo is used. Provide access to the IFAS computer network and computer software for micro computers developed by IFAS for educational purposes. 4. Accept responsibility and provide administration, supervision, and an evaluation of all state knded County Extension programs, the County Extension faculty, Courtesy Extension faculty, and state-paid career service personnel, including compliance with the state and federal requirements of Affirmative Action and Equal Employment Opportunity guidelines. 5. Develop and administer a personnel management plan that will provide for: a. The annual review of each County Extension faculty member's performance. b. Counseling for job improvement where needed. c. Periodic County program reviews. d. Provide a formal method for the County to jointly determine program needs and to have input into the staffing of necessary Extension personnel to meet those needs. 6. Provide a staff of state Extension subject-matter specialists to continuously train County Extension faculty in current technology and'other changes affecting agriculture, family and consumer sciences, 4-H and youth, community and natural resource development, energy conservation, and marine advisory programs, and to assist them in the conduct of educational programs in these areas, in a manner pursuant to locally identified needs. 16.D.12.b Packet Pg. 1245 Attachment: MOU between Collier and UF 1999 (7022 : Univ. Extension MOU Amendment #1) 7. Provide County Extension fimlty with training programs as needed to maintain their effectiveness in program delivery. 8. Develop and maintain a County Advisory Council through joint appointment of Council members to ensure that County Extension programs are based on the particular needs of the people in the County. A. With respect to the County Extension faculty, the County will: 1. Participate in the employment of County Extension faculty members in accordance with the provisions of Section 240.505, Florida Statutes. Ensure that the employment of Courtesy Extension Faculty members is done in a manner which will insure Courtesy status being approved by Extension Service. Courtesy Extension Faculty is defined by University of Florida Rules as a person(s) "having the appropriate professional qualifications who are appointed without compensation to a department, center or unit faculty. Persons appointed with this status may or may not be otherwise afEliated with the University. This appointment is not eligible for tenure or permanent status. Time spent in this appointment shall not count as tenure or permanent status earning service." 2. Provide the County's portion of the salaries and fiinge benefits of County Extension faculty members. County Extension faculty will be eligible to participate in other County insurance programs subject to the policies of the Board of County Commissioners. 3. Provide at least 40 percent of the County Extension Director's salary up to the maximum allowed by the County's personnel pay plan, and evaluate the Director's performance based upon jointly agreed-upon annual goals. B. With respect to management and administration, the County will: 1. Review and consider the proposed annual budget provided, pursuant to paragraph II, B. 1 above, and take appropriate action thereon. 2. Provide office space and equipment, salaries for secretaries and other agreed-upon personnel including Courtesy agents, utilities, telephones, office supplies, hnding andlor vehicle for official county travel, demonstration materials, and other items needed for the effective operation of the County Extension office and program. 3. Confer with and advise the District Extension Director and County Extension Director and the County Extension Advisory Council as appropriate relative to County Extension programs. 16.D.12.b Packet Pg. 1246 Attachment: MOU between Collier and UF 1999 (7022 : Univ. Extension MOU Amendment #1) 4. FuM the County's role in administration of the County Extension program through the County Administrator's office, with advisory council input, which will include a formal request for the creation of a needed educational program or elimination of any educational program andlor County faculty position which no longer effectively serves the educational needs of local residents. 5. Provide for the employment of Courtesy Extension Faculty as needs may be determined by the County. A. That the County Extension faculty will follow County policies relative to office hours, holidays, and drug-free work force. B. That all County Extension faculty appointments will be made cooperatively in accordance with Section 240.505, Florida Statutes. C. To cooperate in applying Affirmative Action and Equal Opportunity plans for Extension Service. D. The Extension Director will fbnction as a Collier County Department Director. The County Extension Director will be jointly responsible to the County Administrator and District Extension Director for the development, implementation, and accountabiIity of a Collier County Cooperative Extension program. The performance of the County Extension Director will be jointly evaluated annually by Collier County and IFAS, the Cooperative Extension Service. The University of Florida will provide primary leadership to the Director for administration of programs; whereas Collier County will provide primary leadership to the Director for management and administration of County-provided resources. Through the County Director, by way of District Extension Director, the University will provide administration, supervision, and evaluation of all County faculty who receive any part of their salaries from state finds. 1. The rules and policies of the University of Florida and the Board of Regents of the State of Florida shall be used in granting annual leave for County Extension Faculty unless County policy provides for less annud leave. Where there is a codict between County policy and the University regarding granting of official holidays, the County policy will govern. 2. The County Extension Faculty member will be eligible to participate in all University of Florida insurance policies including life, health, and accident policies. Any County Extension Faculty member holding a federal appointment will also be eligible at hidher discretion to participate in federal life and health insurance policies. No County finds will be expended in connection with any University of Florida or federal insurance policy. 3. That County Extension support staff paid solely by the County will be governed by County policies and procedures regarding County personnel. 16.D.12.b Packet Pg. 1247 Attachment: MOU between Collier and UF 1999 (7022 : Univ. Extension MOU Amendment #1) 4. That each County Extension Faculty member (except Courtesy Agents) employed prior to July 1, 1983, participate in the federal retirement program, for which no County hnds are required. County Extension Members employed after June 30, 1983, are covered by the Florida Retirement System or the Optional Retirement System (ORS) and Social Security and do not participate in the federal retirement program. The County agrees to pay the appropriate percent (i.e., the same percentage it pays of the salary) of the Social Security Taxes and Florida Retirement System, or ORS contributions for each County Extension Faculty member not participating in the federal retirement program. 5. That the County agrees to pay the appropriate percentage (i.e., the same percent it pays of the salary) of all worker's compensation for each County Extension Faculty member employed after June 30, 1983. Extension will pay Erom federal &nds worker's compensation for County Extension Faculty members who hold federal appointments. County Extension Faculty members employed after June 30, 1983, no longer hold a federal appointment. V. - k In March of each year, Extension Service will submit to the County a preliminary plan of work including major educational programs and services to be provided to the people of the County by Extension Service during the following one-year period: October 1 to September 30 (Collier County fiscal year). On occasion, when needs for educational programs arise after the referenced time Erame, the support of Extension Service in local educational programs will be negotiated between representative designated by the County and Extension Service. B. The County agrees to fund forty percent (40%) of the annual agreed upon cost of County Extension faculty salaries, fiinge benefits and worker's compensation. 1. The County shall recognize a County Extension Faculty member's promotion fiom one academic rank to another and graduate degrees earned through the awarding of a salary increase to that County Extension Faculty member in proportion to the 40% agreed upon in Section V, B, above. 2. Extension Service will establish the dollar value of the increase. 16.D.12.b Packet Pg. 1248 Attachment: MOU between Collier and UF 1999 (7022 : Univ. Extension MOU Amendment #1) This document is signed with the understanding that either Extension Service or the County may request clarification or renegotiation of any or all of the agreement at any time, and that either party may withdraw f?om the agreement after giving three (3) months written notice of its intent to do so. This agreement shall be effective upon execution by all parties. For the Extension Service: Collier County, Florida by and through its Commissioners BY: CJ2-L- T Lv~dd;~ Christine T. Waddill, Dean for Florida Cooperative Extension Service Attest: Dwight E. Brock, Clerk <. -. -1 By: District Extension Director Reviewed for legal sufficiency 16.D.12.b Packet Pg. 1249 Attachment: MOU between Collier and UF 1999 (7022 : Univ. Extension MOU Amendment #1)