01/18/1995INTERLOCAL AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT, dated this 18th day of January , 1995, is
made and entered into by and between Monroe County, (hereafter COUNTY),
and the Fine Arts Council of Monroe County, (hereafter FAC).
WHEREAS, it has become necessary for the FAC to employ an attorney to
assist the FAC in responding to an audit report of the Clerk of Court; and
WHEREAS, the FAC is without funds to pay the bill of the attorney; and
WHEREAS, COUNTY has derived a benefit from the response to the Clerk's
audit;
NOW, THEREFORE, in consideration of the mutual promises conFained:_"'
herein, the COUNTY and FAC have entered into this agreement on.the terms and-
0
conditions as set forth below. the parties agree as follows: Q
1. Contract Period. This agreement shall commence on the date
executed by both parties, and shall remain in effect until the funds herein are
expended.
2. Scope of Agreement. FAC shall provide to COUNTY a response to
the 1994 audit of FAC by the Clerk of Court.
3. Amount of Agreement and Payment. The COUNTY shall pay an
amount not to exceed $4, 500.00 directly to the attorney contracted by FAC to
assist them in their response to the audit to the Clerk of Court. Payment shall be
made directly to the FAC's contractor upon presentation of invoices with
documentation supporting the claim for compensation, such documentation
being subject to requirements of the Clerk of the Court.
4. Records. FAC shall keep such records as are necessary to
document the performance of the legal services, or other assistance provided by
the attorney to FAC and the expenses incurred, and give access to these records
at the request of the COUNTY, the State of Florida, or authorized agents or
representatives of said government bodies. It is the responsibility of the FAC to
maintain appropriate records to insure a proper accounting of all funds and
expenditures. The FAC understands that it shall be responsible for repayment of
any and all audit exceptions which are identified by the Auditor General of the
State of Florida, the Clerk of Court for Monroe County, the Board of County
Commissioners for Monroe County, or their agents and representatives. In the
event of an audit exception, the FAC will be billed by the COUNTY for the amount
of the audit exception and shall promptly repay any audit exception.
5. Modifications and Amendments. Any and all modifications of the
term of this agreement shall be amended in writing and approved by both
parties.
6. Hold Harmless/Indemnification. The FAC hereby agrees to
indemnify and hold harmless the COUNTY and any of its officers and employees
from and against any and all claims, liabilities, litigation, causes of action,
damages, costs, expenses, in the payment of any and all of the foregoing or any
demands, settlements, or judgments arising directly or indirectly under this
agreement. The FAC shall immediately give notice to the COUNTY of any suit,
claim or action made against the FAC or its contractors that are related to the
activity under this agreement, and will cooperate with the COUNTY in the
investigation of any suit, action or claim related to the agreement.
7. Compliance with Law, The FAC agrees that they will comply
with all federal, state, and local statutes, ordinances, rules and regulations, and
that they will not discriminate against any person for any benefit, service, or
employment because of race, color, religion, sex, national origin, or physical or
mental handicap where the handicap does not affect the ability of an individual
to perform in a position of employment; and including that FAC has not
employed or retained any person to solicit or secure this agreement upon an
understanding that a commission or contingent fee shall be paid to said person.
8. Termination. This agreement shall terminate when the funds herein
are expended. Termination prior thereto shall occur whenever funds cannot be
obtained. In such case the agreement shall be terminated by written notice of
termination delivered and received if hand delivered or sent by U.S. mail or a
nationally recognized courier service to the FAC care of ANN LYNCH
TREASURER
Fdbt�� of FAC,
9. Entire Agreement. This agreement constitutes the entire
agreement of the parties hereto with respect to the subject matter hereof and
supersedes any and all prior agreement s with respect to such subject matter
between the FAC and the COUNTY.
10. Consent to Jurisdiction. This agreement, its performance, and all
disputes arising hereunder, shall be governed by the laws of the State of Florida,
and both parties agree that the proper venue for any actions shall be in Monroe
County.
IN WITNESS WHEREOF the parties have caused this agreement to executed
the date and year first above written.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
(SEAL)
Attest:
By
jfac con
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By C's
Mayor/C irman
FINE ARTS COUNCIL OF MONROE
COUNTY, FLORIDA