Agenda 10/13/2009 Item #16D 7
Agenda Item No. 16D7
October 13, 2009
Page 1 of 18
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve and
authorize the Chairman to sign the attached Interlocal Agreement which provides
for services and education via multi-county agricultural Extension Agents of the
University of Florida Institute of Food and Agricultural Sciences Extension and
authorize $27,386.23 as Collier County's proportionate share of this Agreement.
OBJECTIVE: To have the Board approve and authorize the Chairman to sign the attached
Interlocal Agreement and approve Collier County's share of funding in the amount of $27,386.23
for University of Florida IFAS Extension Multi-County agents as provided in the Interlocal
Agreement.
CONSIDERATIONS: The Collier County University Extension Department provides educational
services to the people of the State of Florida and Collier County. The ability of the Agricultural
Extension Agents to serve the needs of commercial agriculture has diminished to the extent that
there are a limited number of agricultural extension agents with the necessary experience and
technical expertise available to serve the needs of commercial agriculture in Hendry, Lee,
Glades and Collier counties. The Interlocal Agreement has been created to provide the means
necessary to make use of agricultural multi-county agents with expenses shared by the served
counties (Hendry, Lee, Glades and Collier). The four agents in question include: multi-county
-, vegetable, citrus, livestock and agronomy/sugarcane agents.
FISCAL IMPACT: Funding is provided in the FY2010 Collier Extension, Education Training
Department within the General Fund (001).
GROWTH MANAGEMENT IMPACT: These agents provide educational services and technical
support to the farmers and ranchers of Southwest Florida on wide range of subjects ensuring
that the findings of University research are communicated to the farmers and ranchers within
Collier.
LEGAL CONSIDERATIONS: This Agreement is being signed in counterparts due to the
number of parties involved. All counties will receive a copy with all signatures. This Agreement
has been reviewed by the County Attorney's Office and is legally sufficient for Board action. -
CMG
RECOMMENDATION: That the Board of County Commissioners approve and authorize the
Chairman to sign the attached Interlocal Agreement which provides for services and education
via multi-county agricultural Extension Agents of the University of Florida Institute of Food and
Agricultural Sciences Extension and authorize $27,386.23 as Collier County's proportionate
share in this Agreement.
Prepared by: Robert D. Halman, County Extension Director, Collier County
___ University Extension.
Agenda Item No. 1607
October 13, 2009
Page 2 of 18
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1607
Recommendation that the Board af County Cammissianers approve and autharize the
Chairman to sign the attached Interlacal Agreement which provides for services and
education via multi-county agricultural Extensian Agents of the University af Florida Institute
of Food and Agricultural Sciences Extensian and authorize $27,386.23 as Collier Countys
proportionate share of this Agreement.
10/13/2009 9:00:00 AM
Meeting Date:
Prepared By
Robert Halman
Director
Date
Public Services
University Extension Services
9/24/20093:50:22 PM_
Approved By
Robert Halman
Director
Date
Public Services
University Extension Services
9/25/20095:58 PM
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
9/28/2009 9:08 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
9/30/2009 12: 1 0 PM
Approved By
Colleen Greene
Assistant County Attorner
Date
County Attorney
County Attorney Office
10/1/200910:37 AM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
10/1/20094:38 PM
Approved By
OMS Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
10/2/20099:23 AM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
10/7/2009 1 :08 PM
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Agenda Item No. 1607
October 13, 2009
Page 5 of 18
INTERLOCAL AGREEMENT FOR
AGRICUL TURAL EXTENSION AGENT SERVICES
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this
day of , 2009, by and between the University of Florida Board of
Trustees, a public body corporate of the State of Florida ("University"), for the benefit of the
Florida Cooperative Extension Service (the "Extension Service") established as part of the
Institute of Food and Agricultural Sciences, whose address is P.O. Box 110210, Gainesville,
Florida 32611-0210 and Charlotte County, a political subdivision of the State of Florida,
whose address is 18500 Murdock Circle, Port Charlotte, Florida 33948; Collier County, a
political subdivision of the State of Florida, whose address is 3301 Tamiami Trail East, Building
H, Naples, Florida 34112; Glades County, a political subdivision of the State of Florida, whose
address is Post Office Box 10 18, Moore Haven, Florida 33471; Lee County, a political
subdivision of the State of Florida, whose address is Post Office Box 398, Ft. Myers, Florida
33902 (collectively referred to as the "Contributing Counties"), and Hendry County
("Hendry"), a political subdivision of the State of Florida, whose address is P.O. Box 2340,
LaBelle, Florida 33975.
WITNESSETH
'VHEREAS, Section 163.01, Florida Statutes, otherwise known as the Florida Interlocal
Cooperation Act of 1969 ("Act"), permits public agencies to make the most efficient use of their
powers by enabling them to cooperate with each other on a basis of mutual advantage and
provide services and facilities in a manner and pursuant to forms of governmental organization
that will accord best with geographic, economic, population and other factors influencing the
needs and development of local conununities;
WHEREAS, Section 1004.37, Florida Statutes, provides for the Extension Service to be
administered through the University and for extension agents to be staff members of the
University; and
WHEREAS, University, the Contributing Counties, and Hendry County are entering into
this Agreement pursuant to the Act; and
WHEREAS, University through the Extension Service provides educational services to
the people of the State of Florida on subjects relating to agriculture, horticulture, family and
consumer science, 4-H and youth, community and natural resource development, energy and sea
grant programs to ensure that the findings of research in these areas are communicated to the
people in their communities; and
WHEREAS, commercial agriculture is a very important industry in Southwest Florida
and provides a major contribution to the overall economy of the area; and
WHEREAS, Southwest Florida agricultural producers utilize the Extension Service in
order to maintain a healthy and sustainable agricultural industry in Southwest Florida; and
Rev. 10-05-09
Agenda Item No. 1607
October 13, 2009
Page 6 of 18
INTERLOCAL AGREEMENT FOR
AGRICUL TURAL EXTENSION AGENT SERVICES
WHEREAS, the ability of the Extension Service to serve the needs of commercial
agriculture has diminished to the extent that there is a limited number of extension agents with
the necessary experience and technical expertise available to serve the needs of commercial
agriculture in the Contributing Counties and Hendry County; and
WHEREAS, establishing Multi-County Extension Agents within the Extension service
with the ability to cross county lines and work throughout Southwest Florida would alleviate the
immediate need for extension agents in each of the aforementioned named counties; and
WHEREAS, the cost for the Multi-County Extension Agents' salaries, fringe benefits,
transportation and travel needs and administrative support staff are to be shared between the
Contributing Counties and Hendry CoUnty proportionately, and University; and
WHEREAS, the parties desire to memorialize other responsibilities and agreements with
respect to the Multi-County Extension Agents.
NOW, THEREFORE, in consideration of the mutual covenants, promises and conditions
contained herein, it is mutually agreed by and between the parties to this Agreement as follows:
1. Recitals. The recitals contained above are true and correct and form a factual basis
for University, the Contributing Counties, and Hendry County all entering into
this Agreement.
2. Intent and Purpose. The intent and purpose of this Agreement is to establish joint
funding between University, the Contributing Counties and Hendry County for
Multi-County Agricultural Extension Agents who provide services to the
commercial agriculture industry and provide support for the urban sector within
the Contributing Counties and Hendry County and to memorialize other
responsibilities and agreements with respect to the Multi-County Extension
Agents.
3. Term. The term of this Agreement shall be for a period of five years. The
Agreement shall automatically renew for another five-year term unless not less
than ninety (90) days prior to the fifth anniversary of the Agreement, one of the
parties hereto provides written notice of its objection to renewal. In the event of
such objection, the remaining parties that wish to participate may negotiate a new
agreement.
4. Multi-County Agricultural Extension Agent Positions. The following are the
Multi-County Agricultural Extension Agents ("Agents") that serve the
Contributing Counties and Hendry County:
a. Multi-County Citrus Agent- This Agent is housed in Hendry County and
provides applied research, educational programming, technical services,
2
Rev. 10-05-09
Agenda Item No. 16D7
October 13, 2009
Page 7 of 18
INTERLOCAL AGREEMENT FOR
AGRICUL TURAL EXTENSION AGENT SERVICES
support and guidance relating to the citrus industry.
b. Multi-County Vegetable Agent- This Agent is housed in Hendry County
and provides applied research, educational programming, technical
services, support and guidance relating to the vegetable industry.
c. Multi-County Livestock Agent- This Agent is housed in Hendry County
and provides applied research, educational programming, technical
services, support and guidance relating to the livestock industry.
d. Multi-County SugarcanelPasture Agronomist- This Agent is housed in
Hendry County and provides applied research, educational programming,
technical services, support and guidance relating to sugarcane and pasture
crops.
5. Contributinl,! Counties' and Hendry County's Contributions.
a. Hendry County shall provide all office space, computers, and
communication hardware for the Agents.
b. The Contributing Counties and Hendry County shall jointly provide, as
calculated in Section 6 of this Agreement, 25 percent of the salary, and the
corresponding employer's FICA contribution and Florida Retirement
System (FRS) or Optional Retirement Plan (ORP) contribution for each
Agent. University shall provide the remaining 75 percent of the salary,
100 percent of the employer's portion for all offered insurance, and the
corresponding employer's FICA contribution and FRS or ORP
contribution for each Agent.
c. The Contributing Counties shall contribute, as stated in Section 6.c of this
Agreement, to the costs of supporting the activities of the Agents through
partially funding the Extension Office's Operation Budget.
d. The Contributing Counties shall contribute, as stated in Section 6.b of this
Agreement, to the costs of one Administrative Assistant Level III position
to support all Agents. This includes salary, the employer's portion for all
offered insurance, employer's FICA contribution, and FRS contribution.
e. The Contributing Counties' funding contributions shall be paid to Hendry
County in accordance with Section 8 of this Agreement. It is
acknowledged and agreed by the parties that the funding contributions set
forth in this Section 5 shall be subject to adjustment each year to account
for cost increases, such as increases in salaries and insurance.
6. Funding Calculation Method. The percentages of Contributing Counties' and Hendry
County's funding for Agent salaries, FICA contribution, and FRS contribution shall
3
Rev. 10-05-09
Agenda Item No. 16D7
October 13, 2009
Page 8 of 18
INTERLOCAL AGREEMENT FOR
AGRICUL TURAL EXTENSION AGENT SERVICES
be determined as follows. The percentages shall be recalculated on the fifth
anniversary of this Agreement and any time a Contributing County withdraws from
the Agreement.
Acrealle PercentalJes
Commodities Charlotte Collier Glades Hendry Lee TOTALS
Pasture 14% 12% 30% 34% 10% 100%
Citrus 12% 20% 6% 56% 6% 100%
Sugarcane 0% 0% 22% 78% 0% 100%
Vegetables 3% 40% 1% 47% 9% 100%
Beef - 12% 5% 34% 42% 7% 100%
a. Each Contributing County and Hendry County shall pay for the 25%
portion of the Agents' salaries, FICA contribution, and FRS or ORP
contribution in the percentages stated.
b. Each Contributing County shall each pay 12.5% toward the costs of one
Administrative Assistant position, which shall include salary, the
employer's portion of all offered insurance, employer's FICA
contribution, and FRS contribution.
c. Each Contributing County shall each pay 6.25% of the entire Hendry
County Extension Office's Operation Budget, which includes all expenses
for operation of the office, with the exception of expenses covered
exclusively by Hendry County (see paragraph 5.a.) or by the University
(see paragraph 9.c. and 9.i.) and salaries, employer insurance
contributions for the Administrative Assistant position, FICA
contributions, and FRS or ORP contributions.
7. Annual Contribution Estimates. The Hendry County Extension Director shall
submit annual estimated funding contributions to the Contributing Counties by
March 1 st of each year, or if the fiscal year of Hendry County changes, at least
seven (7) months prior to the start of the upcoming fiscal year. See Attachment 1
for 2009 Contributions per County.
8. Payments.
a. Each individual County shall pay its funding contribution to Hendry
County in quarterly installments commencing on October 1 st, with
subsequent payments on January 2nd, April 1 st, and a final payment on July
151 of each year.
4
Rev. 10-05-09
Agenda Item No. 1607
October 13, 2009
Page 9 of 18
INTERLOCAL AGREEMENT FOR
AGRICUL TURAL EXTENSION AGENT SERVICES
b. Payments shall be made in the amount shown on the annual contribution
estimate sheet for each individual County in four equal installments.
c. Payments shall be submitted to Hendry County at the following address:
Hendry County Finance Director
P.O. Box 1760
LaBelle, Florida 33975
9. University Contributions.
a. University shall provide 75 percent of the salary, employer's FICA
contribution and FRS contribution for each Agent. The actual amount to be
contributed by University is subject to adjustment each year as an Agent's
salary changes and the contribution rates for FICA and FRS change.
b. University shall provide the employer's portion of health insurance and life
insurance premiums for each Agent.
c. University shall provide official University stationery, envelopes, bulletins
(designed for free distribution), leaflets and other publications for educational
purposes and postage. University shall also provide access to the University
computer network and computer software for microcomputers developed by
University for educational purposes.
d. University shall provide leadership for administration and supervision of
University extension programs and the Agents.
e. University shall also develop and administer a personnel management plan for
the Multi-County Agricultural Extension Agents that will provide for:
1) The annual review of each Agent's performance;
2) Counseling for job improvement where needed; and
3) Periodic county program reviews.
f. University shall provide State Extension Subject Matter Specialists to train
Agents in current technology and other changes affecting agriculture, family
and consumer science, 4-H, community and natural resource development,
and energy programs and to assist them in the conduct of work in these areas.
g. University shall provide Agents with training programs, as appropriate, to
5
Rev. 10-05-09
Agenda Item No. 1607
October 13, 2009
Page 10 of 18
INTERLOCAL AGREEMENT FOR
AGRICUL TURAL EXTENSION AGENT SERVICES
maintain effective program delivery.
h. University shall develop and maintain a Multi-County Advisory Committee
System to insure that Multi-County Extension programs are based on the
particular needs of the people in the Contributing Counties and Hendry
County.
1. University shall provide funds for official travel expenses and per diem of
Agents for in-service training and for other program development meetings
selected or mandated by University outside of the Multi-County area.
10. Annual Salary Increases. Annual salary increases and benefits for Agents shall be
based on the University and Hendry County salary and benefit scales. The Hendry
County salary and benefit scale shall be applied to the Contributing Counties'
funding contribution of25% of the Agents' salary, FICA and FRS. The
University salary and benefit scale shall be applied to the University funding
contribution of75% of the Agents' salary, FICA and FRS. It is acknowledged
and agreed that Hendry County and University may be providing different salary
increases to the Agents during the term of this Agreement and accordingly, the
funding contribution amount of each party may be greater than, less than, or equal
to the original funding contribution amount being made by each party. The
University shall determine the total dollar amount of rank promotion salary
increases for promotion to Agents II, III and IV, as well as a University of Florida
Special Pay Plan increase following every seven years of Agent IV status.
11. Office Policies.
a. Hendry County's policies will apply with respect to annual leave and sick
leave accrual. University and Hendry County will pay for leave taken in
the same percentages that each contributes to the Agents' salaries. Hendry
County policies shall apply regarding payment of unused annual and sick
leave for the County portion upon separation of Agents. University
policies shall apply regarding payment of unused annual and sick leave for
the state portion upon separation of Agents. The policies established by
the University in administering the use of leave, including annual, sick,
and civil (e.g., jury duty), extended leaves (e.g., as they relate to medical
and personal), and military, as well as reasonable accommodation under
the Americans With Disabilities Act, shall apply to the Agents. Issues of
Workers Compensation and Unemployment Compensation shall be
governed and managed by the University. The University shall keep
Hendry County apprised on all of the issues addressed in this sub-
paragraph.
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b. Hendry County's policies will apply with respect to office hours and
holidays for the Agents.
c. University and Hendry County will remain separately responsible for
compliance with the Americans with Disabilities Act at their respective
facilities. Each party remains responsible for providing access to any
facility or building owned by such party in compliance with the
Americans with Disabilities Act.
d. The Agents will not be classified under a county classification system.
e. University and Hendry County will cooperate in maintaining a safe and
comfortable workplace environment consistent with established workplace
practices.
12. Hiring. In the event any of the current Agents resign, retire or otherwise are no
longer serving as Agents, the following will apply:
a. University and Hendry County will jointly agree on whether to fill the
vacant position.
b. University will establish minimum requirements and qualifications for the
employment of the Agent. University will receive and examine
applications for employment for the Agent. University will interview and
screen applicants to determine their qualifications and availability for
employment.
c. University will recommend to Hendry County qualified applicants for
appointment in accordance with Section 1004.37, Florida Statutes. The
University shall determine the total amount of the starting base salary of
each Agent, but Hendry County retains the right to reject and negotiate
that amount should it not concur with the University's determination.
13. Amendments. This Agreement shall only be amended through written consent of
all Parties to this Agreement.
14. Termination. This Agreement may be terminated by any Contributing County, as
the Agreement pertains to that patticular County, without penalty or cause if the
terminating County provides written notice by July 1 sl for the succeeding fiscal
year (October-September). In the event any Contributing County terminates its
participation in this Agreement, the remaining parties hereby agree that the
Agreement shall be amended to re-allocate the contribution of each party in light
ofthe elimination of services to the terminating county. Should Hendry County
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Agenda Item No. 16D7
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INTERLOCAL AGREEMENT FOR
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or University terminate this Agreement, this Agreement shall no longer bind the
parties to this Agreement.
15. Notice. Any notice or other document required to be given pursuant to this
Agreement by any party to another shall be in writing and shall be delivered
personally, or by recognized overnight courier or sent by certified mail, postage
prepaid, return receipt requested, or by facsimile transmission with written
confirmation. Written notice shall be sent to all parties to this Agreement at the
addresses contained herein.
16. Severability. In the event any term or provision of this Agreement is determined
_by appropriate judicial authority to be illegal or otherwise invalid, such provision
shall be given its nearest legal meaning or be construed as deleted, as such
authority determines, and the remainder of this Agreement shall be construed to
be in full force and effect.
17. Governing Law. This Agreement shall be governed by, and construed and
interpreted in accordance with, the laws of the State of Florida. Venue for any
litigation shall be Hendry County, Florida.
18. Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the parties' successors and assigns. No party may assign its rights under
this Agreement without the prior written consent of all other parties.
IN WITNESS WHEREOF, the parties have executed or have caused this Agreement to
be duly executed in several counterparts, each of which counterpart shall be considered an
original executed copy of this Agreement, the day and year first written above.
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INTERLOCAL AGREEMENT FOR
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ATTEST:
ATTEST:
Rev. 10-05-09
University of Florida Board of Trustees
for the benefit of the Florida Cooperative
Extension Service established as part of
the Institute of Food and Agricultural
Sciences
By:
Larry R. Arrington, Interim Sr. Vice
President for Agriculture and
Natural Resources, University
of Florida
Date:
By:
Millie Ferrer-Chancy, Interim Dean and
Director
Florida Cooperative Extension Service
University of Florida
Date:
9
Agenda Item No. 1607
October 13, 2009
Page 14 of 18
INTERLOCAL AGREEMENT FOR
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CHARLOTTE COUNTY BOARD OF
COUNTY COMMISSIONERS
ATTEST:
By:
Tricia Duffy, Chairwoman
Date:
Barbara T. Scott, Clerk
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Agenda Item No. 1607
October 13, 2009
Page 15 of 18
INTERLOCAL AGREEMENT FOR
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COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
ATTEST:
By:
Donna Fiala, Chairwoman
Date:
Dwight E. Brock, Clerk
II
Rev. 10-05-09
Agenda Item No. 1607
October 13, 2009
Page16of18
INTERLOCAL AGREEMENT FOR
AGRICUL TURAL EXTENSION AGENT SERVICES
GLADES COUNTY BOARD OF
COUNTY COMMISSIONERS
ATTEST:
By:
Russell Echols, Chair
Joe Flint, Clerk
Date:
12
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Agenda Item No. 16D7
October 13, 2009
Page 17 of 18
INTERLOCAL AGREEMENT FOR
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LEE COUNTY BOARD OF COUNTY
COMMISSIONERS
ATTEST:
By:
Ray Judah, Chair
Date:
Charlie Green, Clerk
13
Rev. 10-05-09
ATTEST:
Agenda Item No. 1607
October 13, 2009
Page 18 of 18
mTERLOCAL AGREEMENT FOR
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Barbara Butler, Clerk
Rev. 10-05-09
HENDRY COUNTY BOARD OF
COUNTY COMMISSIONERS
By:
Janet B. Taylor, Chairwoman
Date:
14