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( d ) The Clerk shall be responsible for processing payment for all expenses and payments pertaining to the Counties share of the Court Administration budget . Court Administration cannot over spend the budget . The Clerk agrees to include the separate account referenced in the County ' s annual audit . ( e ) Any excess monies , including any interest earned thereon , remaining at the end of each fiscal year shall be prorated based on percent of that year ' s participation and returned to the Counties by December 31St ( f ) The costs set forth above shall be applied to the wages of the employees plus the employer ' s State of Florida Retirement System contribution , FICA , and health insurance for each of the employees . Section 4 . STATUS OF EMPLOYEES . The personnel whose employment is funded under this Agreement shall be hired , supervised , managed , and fired by personnel of the judicial circuit . St . Lucie County shall be considered the employer for purposes of Section 440 . 10 and Chapter 443 , Florida Statutes . Employees funded by the Counties under this Section and other County employees may be aggregated for purposes of a flexible benefits plan pursuant to Section 125 of the Internal Revenue Code of 1986 . The judicial circuit shall be responsible for compliance with all requirements of federal and state employment laws , including , but not limited to , Title VII of the Civil Rights Act , 42 U . S . C . s . 1983 , the Family Medical Leave Act , the Fair Labor Standards Act , Chapters 447 and 760 , and Sections 112 , 3187 , 440 . 105 , and 440 . 205 ; and f u I ly indemnify the Counties from any liability under such laws , as authorized by Section 768 . 28 ( 19 ) , Florida Statutes , to the extent such liability is the result of the negligent acts or omissions of the judicial circuit or its agents or employees . This Agreement does not conflict with or supersede the Interlocal Agreement between the Nineteenth Circuit and St . Lucie County with regard to employees . Section 5 . MISCELLANEOUS PROVISIONS . (a ) Any alteration , variation , modification , extension , renewal , or waiver of the provisions of this Agreement shall be valid only when reduced to writing , duly authorized and signed , by all parties , and attached to the original . ( b ) In the event of litigation regarding this Agreement , each party shall bear its own costs . 5 '. \ ATMAGREEMNT\INTERLOC\ Chief Judge-Court Funding Finol.wpd _ 4