HomeMy WebLinkAboutSeminole County Interlocal Educational System Impact Fee
'.
Cofy
EDUCATIONAL SYSTEM IMPACT FEE
INTERLOCAL AGREEMENT BETWEEN
SEMINOLE COUNTY, FLORIDA, CITY OF WINTER SPRINGS
and the SCHOOL BOARD OF SEMINOLE COUNTY
THIS INTERLOCAL AGREEMENT is entered into BY SEMINOLE COUNTY,
FLORIDA, a political subdivision of the State of Florida, whose address is Seminole
County Services Building, 1101 East First Street, Sanford, Florida 32771, (hereinafter
referred to as the "COUNTY"), the CITY OF WINTER SPRINGS, a Florida municipal
corporation, whose address is 1126 East State Road 434, Winter Springs, Florida
32708. (hereinafter referred to as the "CITY") and the SCHOOL BOARD OF
SEMINOLE COUNTY, FLORIDA, a body corporate existing under the laws of the state
of Florida (hereinafter referred to as the "SCHOOL BOARD").
WHEREAS, the parties to this Agreement have determined to collectively utilize
their individual powers in promoting the qualify of education in Seminole County Public
Schools; and
WHEREAS, a cooperative effort by interlocal agreement is necessary to outline
the procedures for collection of Educational System Impact Fees (hereinafter referred to
as the "Impact Fees"); and .
WHEREAS, the COUNTY has adopted educational system impact fees which
require growth to contribute its fair share of the cost of capital additions and
improvements items under the terms of Chapter 105, Land Development Code of
Seminole County; and
WHEREAS, the improvements and additions to the Educational System benefit
all citizens of Seminole County, both: within the unincorporated area and within the
boundaries of the municipalities; and'
1
....
, "I
"
WHEREAS, the Impact Fees provided for. under Chapter 105, Land
Development Code of Seminole County, are imposed in all portions of Seminole '
County, both unincorporated and municipal areas; and
WHEREAS, the parties are desirous of establishing a uniform procedure for the
collection of Impact Fees to assist the public in complying with applicable building and
zoning ordinances and procedures-of both parties; and
WHEREAS, this lnterlocal Agreement is authorized by the provisions of
Chapters 125, 163, 166 and 230, Florida Statutes, as well as other applicable law;
NOW, THEREFORE, in consideration of the premises and for good and valuable
consideration, receipt of which is hereby acknowledged by all parties, the parties
hereby agree, stipulate and covenant as follows:
SECTION 1. Articles. The above articles are true and correct and form a
material part of the Agreement upon which the parties have entered.
SECTION 2. Terms and Definitions. Terms and words used in this
Agreement shall have the meanings set forth in Section 105.1 (Definitions), Land
Development Code of Seminole County, unless the content clearly otherwise requires.
SECTION 3. City's Obligations.
(a) The CITY hereby agrees to assist and cooperate with the
COUNTY in collecting the Countywide Educational System Impact Fee imposed within
the boundaries of the CITY as follows:
(1) The CI)Yshall require, as a condition to the issuance of a
Building Permit -
(A) that; if the Building _ Permit is for the Construction of a
Single Family Detached Home, an Impact Fees Statement for County Educational
Impact Fees prepared by the CITY be issued to the Applicant or Owner; or
2
p:\cp\projects\impfee\masters\edinter.doc 07112/96
(B) that, if the Building Permit is for the construction of
any Educational System Impact Construction, other than Single Family Detached Home
the owner or Applicant must present an Impact Fee Statement for County Library
Impact Fees prepared by the COUNTY.
(2) The CITY shall collect, prior to the issuance of a building
permit, the Impact Fees imposed by the COUNTY for the proposed construction or
alteration.
(3) All Impact Fees collected by the CITY during a calendar
month shall be remitted without interest by the CITY to the COUNTY prior to the 15th
day of each month for such Impact Fees collected in the previous month.
(4) To reimburse the CITY for the costs incurred in the collection
of the Impact Fees under the COUNTY's Ordinance, the CITY shall be allowed to retain
three percent (3%) of each Impact Fee collected up to a maximum of TWO HUNDRED
FIFTY and NO/100 DOLLARS ($250.00) per impact fee. Both parties acknowledge that
the amount retained is equal to the cost incurred by the collection of these fees,
including any increase in bonding or su'rety costs from the handling of these additional
momes.
(a) Such collection method shall remain in effect during
each annual renewal term unless the CITY notifies the COUNTY in writing prior to the
1 st day of August of the selection of an alternative collection option for the next ensuing
annual renewal period.
(b) 'Impact. Fees collect by the CITY shall be held
separately and distinctly from all other revenues and shall be transferred on a monthly
basis to the COUNTY.
(c) As a collection allowance for reimbursement of the
cost of administering and collecting the Impact Fees, the COUNTY shall be permitted to
retain three percent (3%) of e'ach Impact Fee collected up to a maximum of $250.00 per
Impact Fee on property within the unincorporated areas of the COUNTY plus the
interest earned on the Impact Fees collected by the COUNTY and on Impact Fees
transferred to the COUNTY by the cities.
3
p:\cp\projects\impfee\masters\edinter.doc 07112/96
(d) Impact Fees collected by the COUNTY and Impact
Fees transferred to the COUNTY by various cities shall be held separately and distinctly
from all other revenues and shall be transferred on a quarterly basis to the SCHOOL
BOARD.
SECTION 4. Term. "This Agreement shall be for an initial term from the
date of this Agreement through September 30, 1997. This Agreement shall be
automatically renewed for additional one-year terms commencing October 1 st of each
year and terminating September 30th of the succeeding year unless one party delivers a
written notice of termination to the other party prior to August 1st of a year.
SECTION 5. Public Records. The CITY and the COUNTY shall each
have the reciprocal right to review the. records of the other as to the receipt, allocation
and expenditure of Impact Fees, including records as to the issuance of Building
Permits. All such inspection shall be made upon reasonable notice and at reasonable
time and place.
SECTION 6.
Reviews.
(a) The SCHOOL BOARD shall provide written notice to
the CITY and the COUNTY of any review of the Impact Fee however conducted.
(b) The COUNTY shall provide written notice to the CITY
of any review by the Board of County Commissioners of each review being conducted
pursuant to Section 105.51 (Review Requirement), Land Development Code of
Seminole County. Further, the CITY agrees that it will provide written notice to the
COUNTY of any effort to enact an Impact Fee within the CITY or a review of the CITY's
Impact Fees.
(c) The SCHOOL BOARD agrees to provide
recommendation to the COUNTY pursuant to the provisions of the Ordinance that
authorize SCHOOL BOARD recommendation, including Section 105.24 of the land
Development Code of Seminole County, Alternative Educational System Impact Fee
Calculation and Section 105.46 of the Umd Development Code of Seminole County,
Developer Contribution Credits.
4
p:\cp\projects\impfee\masters\edinter.doc 07/12/96
(d) As provided in Section 105.50 of the Land
Development Code of Seminole County, the SCHOOL BOARD agrees to serve as the
Seminole County Educational System Advisory Committee and to appoint a Citizens
Advisory Group.
SECTION 7. Reports. Periodically during the term of this Agreement, the
parties shall provide written reports of the collection and expenditure of Impact Fees,
including current balances maintained in the applicable Trust Accounts.
SECTION 8. Notices.
(a) All notices and clarifications required under this Agreement shall be
directed to the following offices:
For the COUNTY:
County Manager
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
For the CITY:
Mayor
1126 East State Road 434
Winter Springs, Florida 32708
For the SCHOOL BOARD:
Dr. Paul Hagerty
Seminole County School Board
400 East Lake Mary Boulevard
Sanford, Florida 32773
(b) Either' of the parties, may change, by written notice as provide
herein, the addresses or persons for receipt of notices. All notices shall be effective
upon receipt.
SECTION 9. Liability;
(a) In consideration for the COUNTY's implementation if
the COUNTY's Educational System, Impact fee and the CITY's cooperation in the
collection of the Impact Fee as provided in this Agreement, the SCHOOL BOARD
agrees that it will indemnify and hold the COUNTY and the CITY harmless from any
loss or damage occasioned by this Agreement of the COUNTY Code, including, but not
5
p:\cp\projects\impfee\masters\edinter.doc 07/12/96
limited to, any loss or damage for any claim arising from the passage, administration or
enforcement of the COUNTY Codes or the expenditure or collection of the Impact Fees.
The SCHOOL BOARD further agrees ,to indemnify the COUNTY and the CITY for the
costs of litigation arising from the COUNTY Code or this Agreement, including
attorney's fees, damages, and all other losses. In the event of litigation, the SCHOOL
BOARD has the right to hire additional attorneys and otherwise control the litigation, at
its option. Should the CITY or COUNTY be required to refund an Impact Fee to an
Applicant, the SCHOOL BOARD agrees to reimburse the CITY or COUNTY for such
refund.
(b) This Agreement shall be governed by the laws of the
State of Florida. All other legal actions to enforce the Agreement shall be held in
Seminole County. No remedy conferred in this Agreement is intended to be exclusive
of any other remedy, at law or in equity or by statute or otherwise. No exercise by any
party of any right, power, or remedy hereunder shall preclude .any other or further
exercise thereof. In an action brought by a party for the enforcement of this Agreement,
the prevailing party shall be entitled to recover damages and reasonable attorney's fees
and costs.
SECTION 10. Force Maje'ure. In the event any party hereunder fails to
satisfy a requirement imposed in a timely manner, due to a hurricane, flood, tornado, or
other Act of God or force majeure, then said party shall not be in default hereunder.
SECTION 11. Binding Effect. This Interlocal Agreement shall be binding
upon and inure to the benefit of the parties hereto and the successors in interest,
transferees and assigns of the parties, provided, however, this Interlocal Agreement
shall not be deemed to pledge the full faith and credit of the COUNTY.
SECTION 12. Assignment. This Interlocal Agreement shall not be
assigned by either party without the prior'written approval of the other.
SECTION 13. Public 'Records. The CITY shall allow public access to all
documents, papers, letters or other materials which have been made or received by the
CITY in conjunction with this Interlocal Agreement.
6
p:\cp\projects\impfee\masters\edinter.doc 07112/96
SECTION 14. Records and Audits. The CITY shall maintain in its place of
business any and all books, documents, papers and other evidence pertaining to work
performed under this Interlocal Agreement. Such records shall be available at the
CITY's place of business at all reasonable times during the term of this Interlocal
Agreement and for so long as such records are maintained thereafter.
SECTION 15. Indemnification. Each party hereby agrees to fully
indemnify, save and hold the other harmless from and against any and all damages,
expenses, losses, claims, injuries and liabilities arising or resulting from or in connection
with its actions or activities and the actions and activities of its officers, employees,
agents, successors' or assign's relating in any way to the Interlocal Agreement, and any
and all claims and actions brought by third parities resulting from or arising in
connection with the Interlocal Agreement. Each party agrees to hold harmless,
indemnify and defend the other, its commissioners, officers, employees and agents
against any and all claims, losses, damages, or lawsuits for damages, arising in any
way whatsoever from, allegedly arising from, or related to the Interlocal Agreement or in
, any way related to the use of the Interlocal Agreement. To the extent required by law, if
specific consideration for the indemnification provided herein is required to be given for
this provision, then ONE and NO/100 DOLLARS ($1.00) of the value for the
consideration set forth in this Interlocal Agreement shall be deemed to be such specific
consideration. The parties acknowledge the adequacy and sufficiency of said specific
consideration.
SECTION 16. Conflict of Interest. The CITY agrees that it will not engage
in any action that would create a conflict of interest in the performance of its obligations
pursuant to this Interlocal Agreement with the COUNTY or which would violate or cause
others to violate the provisions of Part 111., Chapter 112, Florida Statutes relating to
ethics in government.
SECTION 17. . Equal Opportunity Employment. The CITY agrees that it will
not discriminate against any contractor, employee or applicant for employment or work
under this Interlocal Agreement because or on account of race, color, religion, sex, age
or national origin and will take affirmative steps to insure that applicants are employed
7
p:\cp\projects\impfee\masters\edinter.doc 07112/96
and employees are treated during employment without regard to race, color, religion,
sex, age or national origin. This provision shall include, but not be limited to, the
following: retention; award of-contracts; employment; upgrading, demotion or transfer;
recruitment advertising; layoff or termination; rates of payor other forms of
compensation; and selection for training, including apprenticeship.
SECTION 18. Compliance with Laws and Regulations. In performing
under this Interlocal Agreement, the parties shall abide by alllaws,statues, ordinances,
rules, and regulations pertaining to, or regulating the performance set forth herein,
including those not in effect and hereafter adopted. Any violation of said laws, statutes,
ordinances, rules, or regulations shall constitute a material breach of this Interlocal
Agreement, and shall entitle the non-violating party to terminate this Interlocal
Agreement immediately upon delivery of written notice of termination to the violating
party.
SECTION 19. Employee Status.
(a) Persons employed or retained by the CITY in the
performance of services and functions pursuant to this Interlocal Agreement shall have
no claim to pension, workers' compensation, unemployment compensation, civil service
or other employee rights or privileges granted to the COUNTY's officers and employees
either b operation of law or by the COUNTY.
(b) The CITY assumes total responsibility for salaries,
employment benefits, contractual rights and benefits, contract payments, and Federal,
State and local employment taxes,if any, attributable to CITY personnel or contractors,
and agrees to indemnify and hold the COUNTY harmless from any responsibility for
same.
SECTION 20. Entire Agreement.
(a) Thislnterlocal Agreement constitutes the entire
agreement of the parties with respect to the subject matter hereof, and may not be
modified or amended except by a written instrument equal in dignity herewith and
executed by the parties to be bound thereby.
8
p:\cp\projects\impfee\masters\edinter.doc 07/12/96
, .
..
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
signed by their duly authorized officers.
ATTEST:
~A.~
Margo opkins, CI, rk
City of Winter Springs
CITY
Date: (V~i,(~ /~ /99~
ATTEST: BOARD OF COUNTY COMMISSIONERS
~~~~. -?~. L2
MA,{~ORSE . Dick ~e, Chairman
Clerk to the Board of /
County Commissioners of Date: (D) rJ ICI (I'
Seminole County, Florida I I (
For use and reliance
of Seminole County Only.
Approved as to form and
Ie al s ciency.
As authorized for execution by the Board
of County Commissioners at their ~. It)
1996, regular meeting.
SCHOOf}!t~ 4, . .
By: 'IY1 { ~
Chairman '
Date: r'-~ ~- 7?
. AnES9~_
9
p:\cplprojects\impfee\masters\edinter.doc 07/12/96