03/15/1995INTERLOCAL AGREEMENT FILED FOR RECORD
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THIS INTERLOCAL AGREEMENT is entered into this 15th day of
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March 1995, between the Fine Arts Council Q� ,�gWI#r-be C yr1tW Iq public
agency corporate and politic ("FAC"), and the Board of County Commissioners of
Monroe County, Florida, ("BOCC"), pursuant to Section 163.01, Florida Statutes, in
exchange for the mutual covenants below:
1. Purpose of Agreement. The purpose of this agreement is to provide
funding for the provision of secretarial services to FAC in furtherance of its functions which
serve the public purpose of enhancing the development and enjoyment of the arts.
2. Term and Termination. The agreement shall begin the first day of October,
1994, and continue for one year or until earlier termination by either party, provided that
the terminating party gives at least thirty (30) days written notice to the other party prior
to the effective date of termination. This agreement may be terminated without cause
and without right of recourse when thirty (30) days written notice has been properly
given.
3. Payment. FAC shall submit monthly, to the County's finance office, an
estimate of payroll costs for the secretarial position held by Michelle Yacques, including
salary and related fringe benefits, necessary to be paid during the following month. The
submitted documentation shall include an accounting for the monies advanced
previously for the payroll costs. Any monies previously advanced and not expended at
the time of submission of this documentation shall be deducted from the total estimate of
costs for the following month in determining the amount to be advanced. Payment for
the following month's payroll cost will be remitted to FAC in advance of the corporate
employee pay dates provided the request for advance with necessary documentation
has been submitted to County's finance office in a timely manner prior to said pay date.
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The annual salary of the secretary shall not exceed $8,736 per year, plus associated
payroll expenses.
4. Modifications and Amendments. Any and all modifications and
amendments of this agreement shall be approved by the BOCC and be in writing. No
modification or amendment shall become effective until approved in writing by both
parties.
5. Assignment. FAC shall not assign this agreement, except in writing and
with the prior written approval of BOCC, which approval shall be subject to such
conditions and provisions as BOCC may deem necessary. This agreement shall be
incorporated by reference into any assignment and any assignee shall comply with all of
the provisions herein, unless expressly provided otherwise in amendment authorizing such
assignment. Unless expressly provided for therein, such approval shall in no manner or
event be deemed to impose any obligation upon either party in addition to the
covenants and promises contained herein.
6. Termination for Cause. Either party may terminate this agreement upon
the material breach of covenants and conditions by the other party upon five (5) days
written notice to the other party. A material breach is a violation that requires the non -
violating party to contact law enforcement authorities or expend in excess of $1000 in
correcting the breach.
7. Waiver. Any waiver of any breach of covenants herein contained to be
kept and performed by either party shall not be deemed as a continuing waiver and
shall not operate to bar or prevent either party from declaring a forfeiture and
termination for any succeeding breach either of the same conditions or covenants or
otherwise.
8. Notice. Any written notice required under this agreement shall be made
by each party to the other as follows:
For FAC For BOCC
Dick Drake County Administrator
PO Box 2808 Public Service Building
Key Largo, FL 33037 5100 College Road
Stock Island, Key West, FL 33040
9. Hold Harmless and Indemnification. FAC and BOCC each represents to
the other that it carries suitable public liability and property damage insurance, or is self -
insured in amounts adequate to cover any claim within the limitations of Section 768.28,
FS arising in connection with the lease of the premises under this agreement and will
continue to carry such insurance or remain self -insured during the entire term of this
agreement. Each party shall be responsible for any acts of negligence on the part of its
agents and employees. Each party shall hold the other party harmless from all claims
arising from negligence of its agents, employees and independent contractors in
connection with this agreement, and shall defend the other party against all claims
arising out of such negligence of its agents, employees and independent contractors
under this lease.
10. Compliance with Law. Both parties agree to comply with all Federal, State
and local laws. In the event of litigation, venue shall lie in Monroe County.
IN WITNESS WHEREOF the parties hereto have hereunto executed this instrument
for the purposes herein expressed the day and year above written.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
Byaal,& C. L�41d�
Deputy Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By.
INE ARTS COUNCIL
APPROVED ASm ---
AND LEGAL SUFF? -;=
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