This Memorandum of Understanding ("MOU") is entered into on July 29, 1994, between the "the Parties" the South Florida Water Management District, a public corporation of the State of Florida ("the DISTRICT"), the University of Florida, Institute of Food and AgriculturalSciences ("IFAS"), a public university of the State of Florida, FEID Number 1-59-6001874-H4 ("the UNIVERSITY"), and Archbold Biological Station, a not for profit organization ("ARCHBOLD").
 
 

WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statues to include entering into contracts with public agencies, private corporations or other persons; and

WHEREAS, the DISTRICT wishes to enter into a MOU with the UNIVERSITY and ARCHBOLD for the purpose of establishing a cooperative research program to develop environmentally sustainable beef cattle practices; and
 
 

WHEREAS, the Governing Board of the DISTRICT, at its May 1994 meeting, has authorized entering into this MOU
 
 

NOW THEREFORE, the DISTRICT, the UNIVERSITY, and ARCHBOLD , in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows:
 
 

1.1 The DISTRICT, the UNIVERSITY, and ARCHBOLD agree to diligently and timely accomplish the objectives delineated in the Statement of Work, attached hereto as Exhibit "A" and made a part of this MOU.
 

2.1 The period of performance of this MOU shall commence on the date of this MOU and continue until the completion of all contractual obligations by the parties, but in no event later than September 30, 2004.
 
 

3.1 The Project Manager for the DISTRICT is Dr. Nick Aumen, in the Kissimmee & Okeechobee Systems Research Division, 3301 Gun Club Road, West Palm Beach,Florida 33406, telephone (407) 687-6601.
The Project Manager for the UNIVERSITY is Dr. Patricia Werner, at the University of Florida - IFAS, 118 Newins-Zieger Hall, Gainesville, FL 32306, telephone (904) 392-4851.
The Project Manager for ARCHBOLD is Dr. John Fitzpatrick, at Archbold Biological Station, Old State Road 8, Lake Placid, Florida 33852, telephone (813) 465-2571. The parties shall d irect all matters arising in connection with the performance of this MOU, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this MOU.

3.2 All notices, demands, or other communications to the UNIVERSITY or ARCHBOLD under this MOU shall be in writing and shall be deemed received if sent by certified mail, return receipt requested to:

Carol A. Cook
University of Florida - IFAS
G-040 McCarthy Hall
Gainesville, FL 32611-0110

and

Dr. John Fitzpatrick
Archbold Biological Station
Old State Road 8
Lake Placid, Florida 33852

All notices to the DISTRICT under this MOU shall be in writing and sent by certified mail to:

South Florida Water Management District
Attn: Division of Procurement and Contract Administration
3301 Gun Club Road
P.O. Box 24680
West Palm Beach, FL 33416-4680

The UNIVERSITY and ARCHBOLD shall also provide a copy of all notices to the DISTRICT'S Project Manager. All notices required by this MOU shall be considered delivered upon receipt. Should either party change its address, written notice of such new address shall promptly be sent to the other party.

All correspondence to the DISTRICT under this MOU shall reference the DISTRICT'S Contract Number C-5269.
 

4.1 Any of the three parties may terminate this MOU at any time for convenience upon ninety (90) calendar days prior written notice to the other parties.
 

5.1 The UNIVERSITY and ARCHBOLD shall maintain records and the DISTRICT shall have inspection and audit rights as follows:

A. Maintenance of Records: The UNIVERSITY and
ARCHBOLD shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this MOU or resulting contracts, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five years from completing performance and receiving final payment under this MOUthis MOU and upon reasonable notice, time, and place.

Records which relate to any litigation, appeals or settlements of claims arising from performance under this MOU or any resulting contracts shall be made available until a final disposition has been made of such litigation, appeals or claims.
 

6.1 The UNIVERSITY and ARCHBOLD, their employees, subcontractors or assigns, shall
comply with all applicable federal, state, and local laws and regulations relating to the performance of this MOU. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the UNIVERSITY and ARCHBOLD, upon request, as to any such laws of which it has present knowledge.

6.2 The laws of the State of Florida shall govern all aspects of this MOU. In the event it is necessary for either party to initiate legal action regarding this MOU, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern district of Florida for any claims which are justiciable in federal court.

6.3 The UNIVERSITY and ARCHBOLD shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the UNIVERSITY or ARCHBOLD assert any exemptions to the requirements of Chapter 119 and related Statues, the burden of establishing such exemption, by way of injunction or other relief as provided by law, shall be upon the party asserting the exemption.

6.4 The UNIVERSITY and ARCHBOLD hereby assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in denied the benefits of, or be otherwise subjected to discrimination in any activity under this MOU. The UNIVERSITY and ARCHBOLD shall take all measures necessary to effectuate these assurances.
 

7.1 The UNIVERSITY and ARCHBOLD are independent entities and are not employees or agents of the DISTRICT. Nothing in this MOU shall be interpreted to establish and relationship other than that of an independent entity, between the DISTRICT, the UNIVERSITY, and ARCHBOLD its employees, agents, subcontractors, or assigns, during or after the performance of this MOU.

7.2 The UNIVERSITY and ARCHBOLD shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this MOU without the prior written consent of the DISTRICT. Any attempted assignment in violation of this provision shall be void.
 

8.1 In the event any provisions of this MOU shall conflict, or appear to conflict, the MOU, including all exhibits, attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve and inconsistency.

8.2 Should any t erm or provision of this MOU be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this MOU, to the extent that the MOU shall remain operable, enforceable and in full force and effect to the extent permitted by law.

8.3 This MOU may be amended only with the written approval of the parties hereto.

8.4 This MOU states the entire understanding and agre ement between the parties andsupersedes any and all written or oral representa tions, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this MOU. The UNIVERSITY and ARCHBOLD recognize that any representations,statements or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This MOU shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors ininterest.

IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this MOU on the date first written above.

SOUTH FLORIDA WATER MANAGEMENT DISTRICT:
By:_______________________________________________ Assistant Executive Director
 

UNIVERSITY OF FLORIDA, INSTITUTE OF FOOD AND AGRICULTURAL SCIENCES

By:_______________________________________________ Title: Director of Research
 
 

ARCHBOLD BIOLOGICAL STATION

By:_______________________________________________ Title: Executive Director
 

Carol A. Cook, Director
IFAS Sponsored Programs

The South Florida Water Management District ("the District") is one of five water management districts in the State of Florida. The District's mission includes water supply, flood protection, water quality, and environmental protection for the interconnected Kissimmee/Lake Okeechobee/Everglades ecosystem. As part of its environmental protection mission, the District's Department of Research has conducted studies in support of efforts to reduce excess phosphorus inputs to Lake Okeechobee from agricultural and other activities in its drainage basin. Excess phosphorus inputs resulted in a doubling of the lake's total phosphorus concentration between 1973 and 1982, and have accelerated the rate of eutrophication. The cultural eutrophication of Lake Okeechobee has been linked to increased frequencies and intensities of blooms by nuisance blue-green algae. Research is needed to understand causes of algal blooms and other water quality problems, and to suggest possible corrective measures.

The District's Lake Okeechobee watershed research has addressed phosphorus transport and retention in the basin, phosphorus assimilation in wetlands, and has developed an agricultural decision support system to examine the potential effect of changes in land use practices on phosphorus export. In-lake research has examined water quality patterns and trends, the dynamics of phosphorus exchange between the sediment and the water, and ecosystem dynamics. To date, the focus of the District's efforts in the Lake Okeechobee watershed has been conducted on identifying the role of phosphorus inputs from beef cattle operations in large-scale watersheds.

In order to develop a predictive understanding of beef cattle agriculture as a non-profit source of phosphorus, and to better define environmentally and economically sustainable agricultural practices, the District proposes to enter into this Memorandum of Understanding ("MOU") (District Contract C-5269) with Archbold Biological Station and the Institute of Food and Agricultural Sciences ("IFAS") at the University of Florida. All three institutions seek high-quality research and mutually beneficial projects to provide useful, timely information on the relation between beef cattle ranching practices and non-point source runoff of pollutants, and the development of an environmentally and economically sustainable agricultural industry. Research will be conducted from a landscape perspective, based on a combination of experimental and empirical approaches motivated by well-defined research needs and testable hypotheses, and developed using peer-review at all stages. Considerable effort will be directed during the research phase to assure that the research is credible, addresses the highest priority needs, is statistically and scientifically defensible, and is cost-effective. Finally, much of the research will be conducted in full-scale, operational ranch settings over a range of geological and hydrological conditions to insure that results can be realistically applied to agricultural operations in the Lake Okeechobee basin.

The Department of Research at the District is charged with providing high-quality, timely research in support of natural resource management in the 16 counties of south Florida. The Department consists of 80 individuals, including approximately 25 Ph.D.-level researchers, along with M.S. and B.S.-level scientists, technicians, and other support staff. District researchers emphasize publication in peer-reviewed journals, and have access to an innovative expert assistance program through which more than 230 researchers in a variety of disciplines are readily available to assist with research problems. The Department has developed nationally recognized in-house expertise in: limnology; wetland ecology; plant ecology; agricultural engineering; water quality, water quantity, and ecosystem modeling; estuarine ecology; nutrient cycling; and microbial ecology. Research facilities and support include approximately 2,300 sq. ft. of ecological research laboratory space at the District and at Florida Atlantic University, analytical and experimental instrumentation, and a small fleet of vehicles, boats, and air boats. A state-of-the-art analytical chemistry laboratory managed by the Water Resources Evaluation Department and certified by the State of Florida provides complete inorganic analytical capability and has external laboratories under contract for a full range of chemical and biological parameters.

Archbold Biological Station is a nationally recognized, independent ecological research facility located in south-central Florida, and is devoted to long-term ecological research and conservation. Founded in 1941, Archbold owns and manages a unique 5,000-acre natural preserve, including a 90-acre sinkhole lake. Archbold supports a staff that includes 13 Ph.D.-level researchers and Research Associates. Research staff expertise includes vertebrate and invertebrate ecology. Endangered species, upland ecology, and fire ecology are major integrative themes of the research program, which is augmented by visiting scientists from many institutions in the United States and abroad. In addition to the preserve, Archbold operates the 10,300-acre MacArthur Agro-ecology Research Center, located at nearby Buck Island Ranch. This working ranch offers an exceptional operational setting to study the role of beef cattle production in non-point source input of phosphorus and other potential pollutants to aquatic systems. Toward that goal, Archbold has provided substantial financial and logistical commitment to begin development of a research infrastructure at Buck Island Ranch. Such support, which will remain ongoing, includes new, permanent weather and water monitoring installations and other technical equipment, four-wheel drive vehicles, renovated housing and laboratory facilities, laboratory and field supplies used on site, state-of-the-art GIS facilities, and salary for full-time research biologists, research technicians, and research interns.

The University of Florida, one of ten universities in the Florida state university system, is a comprehensive, land-grant university. Its primary mission is to serve the people of Florida through education, research, and extension. The university's Institute of Food and Agricultural Sciences is compromised of 620 faculty and 1200 support staff, organized into 21 Departments and 13 Research and Education Centers located throughout Florida. In keeping with the university's land-grant charge, IFAS has fostered efforts designed to develop and support and environmentally and economically sustainable agricultural industry in south Florida. IFAS has already provided a four-year commitment for financial and logistical support to augment that of Archbold, to help develop the research program at Buck Island Ranch. IFAS faculty bring a wide range of expertise in range sciences, agricultural engineering, soil and water chemistry, wildlife biology, ecosystem dynamics, landscape-scale processes, resource and agricultural economics, systems modeling, animal sciences, entomology and nematology, agronomy, horticulture, forestry, aquatic sciences, and veterinary sciences as well as support services in statistics, public outreach, and teaching and extension.

Recognizing the complementary nature of their organizations, the District, Archbold, and IFAS agree to form an affiliation that enhances the ability of each organization to accomplish their respective missions. The following topics of affiliation constitute an understanding in several areas in which all three institutes agree to work cooperatively.
 

This MOU commits the District, Archbold, and IFAS to work cooperatively toward the following:

* Establishment of a MOU research advisory committee consisting of one administrative and one technical representative from each institution. Additional committee members may be added if agreed to by all three parties. This committee will be responsible for: designing, implementing, and revising a MOU-related agro-ecology research plan; reviewing MOU-related agro-ecology research from the previous fiscal year; developing annual budget proposals to be submitted to each institution; and oversight of research for subsequent fiscal years.

* Formulation of an MOU-related plan for Buck Island Ranch and other locations that outlines a high-quality, scientifically defensible research approach to issues of importance to all three institutions, and a reasonable assurance of long-term funding and other resource commitment by all three institutions. The advisory committee will oversee the research plan development, and the research plan will be subjected to an external peer-review process coordinated and funded by the District.
 

Neither the District, Archbold, or IFAS have the resources to fully address all the agro-ecology research needed to insure the sustainability of south Florida's environment and agricultural industry. Research funds are limited. Because all three institutions have complementary
missions and goals, research coordination and collaboration is both cost-effective and beneficial to achieve their collective research and educational goals. In support of these collective goals, the District agrees to establish a collaborative research program at Buck Island Ranch and other locations within the Lake Okeechobee watershed through Cooperative Research Agreements with Archbold and IFAS (District Contracts C-5270 and C-5298, respectively). These agreements will be developed to define the terms under which cooperative proposals will be submitted, evaluated and selected for funding. Research will be funded as well-defined projects (Agreements) that focus on specific issues from the MOU-related research plan. In addition, the specific dollar value of financial and other resource commitments from Archbold and IFAS in support of MOU-related research will be identified in the agreements.

Locations for research other than Buck Island Ranch will be sought to provide a range of geological and hydrological conditions for agro-ecology research that are relevant to the Lake Okeechobee basin. Research project selection will be guided by the District's process, described below, used for prioritization of research needs during its fiscal year budgeting. In addition, related research at Buck Island Ranch that may be conducted and/or funded by entities outside of this agreement will be coordinated through Archbold Biological Station and the MOU research advisory committee.

During the first quarter of each calender year, the MOU research advisory committee will review the previous year's research, and will prepare a list of current research needs. Representatives from the committee and the District's Research Department will meet to discuss the District's research priorities and needs, and to identify areas where Archbold or IFAS have the expertise is available at the three institutions, outside participation through a contractual process may be sought with the concurrence of the advisory committee. District staff will manage such contracts, unless the advisory committee agrees that a contract would be more appropriately managed by Archbold or IFAS.

District, Archbold, and IFAS scientists will then submit research proposals that address the District's needs. The District will coordinate evaluation of proposals using its internal review process. External review may be sought at the discretion of the District, and will be funded by the District. Proposals may be returned to the authors with a request for revisions of the detailed work plan, schedule, or cost breakdown. Evaluation criteria will include: consideration of the qualifications and previous performance of the researchers; the time lines, relevance and importance of the research to the MOU-related research plan and the District's needs; the soundness of the technical approach and experimental plans; the dollar value of resources contributed by each institution; and the reasonableness of costs associated with the proposal. Only those projects considered acceptable by the District's evaluation criteria will be included in the budget process for funding.

The District will prepare and negotiate two Cooperative Research Agreements (District Contracts C-5270 and C-5298), one with Archbold and one with IFAS, for execution in June 1994 (target date). These agreements will contain specific language regarding the financial commitment from all three institutions. An annual budget for cooperative research will be prepared and submitted to the District's Governing Board for approval during the fiscal year budget approval process.

2001 Southern DataStream