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HomeMy WebLinkAbout1996 08 12 Regular Item C ~ - '\j \ ~ COMMISSION AGENDA ITEM c REGULAR X CONSENT INFORMATIONAL August 12. 1996 Meeting MGR !({)/ Ii Authorization REQUEST: City Manager requesting that the City of Winter Springs execute Interlocal Agreements with Seminole County and Seminole County School Board which will allow the City to collect County imposed impact fees (transportation, library and school). PURPOSE: The purpose of this Board item is to allow the City to execute Interlocal Agreements with Seminole County and Seminole County School Board which will allow the City to collect County imposed impact fees (transportation, library and school). The City, in return for collecting the impact fees, will receive a 3 percent administrative fee for each impact fee collected (up to a maximum of two hundred fifty dollars ($250.00) per fee). CONSIDERATIONS: A. Chronology FY 89/90 - County Transportation Impact Fees commence FY 90/91 - County Library Impact Fees commence FY 92/93 - County/School Board School Impact Fees commence B. Findings 1) All Municipalities within the County, except the City of Winter Springs, have entered into an interlocal agreement with the County and the School Board to collect these impact fees. 2) The administrative fee paid to the municipalities for the collection of impact fees is 3 percent per fee, not to exceed $250.00. r '. August 12, 1996 AGENDA ITEM C Page 2 3) The fees for residential uses are established, The fees for commercial uses are calculated by the County prior to the City collecting impact fees, 4) The City remits to the County, without interest, all impact fees collected by the City prior to the 15th day of each month for such impact fees collected in the previous month, The three (3) impact fees are combined in one (1) check 5) A check was made with the municipalities and it was found that the collection of the impact fees had a minimal effect on the daily operations, 6) The City has averaged, for the period October 1995 through May 1996, the issuance of approximately twenty five (25) new building permits per month. Based upon this number of permits issued, the time required to accomplish this task should be no more than five (5) hours per week for all involved (including the collection, record keeping, sending the collected fees to the County once per month, etc,) 7) The City, had it collected the impact fees for FY 89/90 through FY 94/95, would have received $96,700,63, The City would have received another $15,730,86 for the period October 1995 through May 1996 had the fees been collected by the City 8) The administrative fees collected could help fund a new position included in the current budget. FUNDING: None required, RECOMMENDATION: The recommendation is that the City Commission authorize the Mayor to execute the interlocal agreements with the County/School Board which will allow the City to collect county-imposed impact fees. '( August 12, 1996 AGENDA ITEM C Page 3 IMPLEMENTA TION SCHEDULE: The Interlocal Agreements would become effective immediately upon execution by all parties, These interlocal agreements expire September 30th of each year and are automatically renewed unless one party delivers a written notice of termination to the other party prior to August 1 st of the automatic renewal period. ATTACHMENTS: June 25, 1996 - City Attorney Legal Memo (Note: Section 15 has been changed to agree with City Attorney request) June 21, 1996 - Land Management Specialist Memo to City Attorney May 30, 1996 - Land Management Specialist Memo to City Manager - Seminole,County Impact Fee Collections for Winter Springs - Interlocal Agreements for Impact Fee Collection (Transportation, Library, School) COMMISSION ACTION: .,-c----- f i LEGAL MEMO TO: '))0 ~ Le rs 1 r-o () c FROM: Frank Kruppenbacher, Attorney DATE: ~ ~ (t) RE: PraG'c~ r,'.J(fe.e\or"Ud~C"~er"N?~ ~~ ~~ (2ou N~ ) ~~() \ B<:i() rd - Co~~e.c.nopJ e ZfV\G'^c& Fees ~~.e ~<l~. 1C2.a.~& III eo- . ""e~c ~ . (0 ~)'1I.o.J <r ~Ml'f>> tQ.1juo~~ ~ ~\oooc- re.k~e.~ce& ~(~tV'e~ ~ ttC'e. ("l)~ro\.RO ~OWfl-1\'e~.J Z. W{N\J) mtt~~cJQ ~ <tf! Sa::-h o~ \ S- I..'f e.b(;~ ^6ceerreJ LJj r I ~~N ~ 01..&<.) f ~vU I t~ -;;~; rdU'M~~~N ~:~~ &n~~ ~ . (O<Y\ ~ CPL.71 ~s 4rc ~~ s. ~ ~-e- ~_ ~. ~ .5'<~ ;:. =J : (\ ~:::' __~r.A& \0 ~,~,IAe tv ~O,~ q ~~_~_(\c_ b~ ~ . . / S~ ~Q'-J ~ ~ 9'~~) F- c~ rv..v . ~a-~~ '. f' ',;.1 ' ,"11 0 8 1996 Ct'TY OF WINTER SPRINGS ~ Laud McuICl9~nH:mt _ _ .' ., i . ; June 21, 1996 To: Frank Kruppenbacher, City Attorney Don LeBlanc, Land Management Specialist V From: Re: Proposed Interlocal Agreements between City, County and School Board City Collection ofImpact Fees Attached for your legal review are the above referenced Interlocal Agreements. These agreements will allow the City to collect County/School Board imposed impact fees and retain a 3% administrative fee, up to a maximum of$250.00 per permit. These agreements would be in effect once all parties to the agreement have signed off on them. It is planned to have this as an agenda item at the Commission Meeting scheduled for July 8, 1996 cc: City Manager (w/o attch) i .' -; i. f May 30, 1996 To: Ron McLemore, City Manager Don LeBlanc, Land Management Specialist # From: Re: County Impact Fees As per your direction, I have contacted the various municipalities to learn if their collection of County Impact Fees has been a problem. To a municipality, the answer was that it was not. The following people were contacted: Altamonte Springs Casselberry Lake Mary Longwood Oviedo Sanford Sherri King Debra Arnold Beverley Bonnie Howington Robin Coleman Arlene Rumley 830-3918 263-3921 324-3059 260-3467 977-6017 330-5656 Because the City of Winter Springs and the City of Oviedo are basically parallel tracking as far as construction goes, I contacted their finance department to learn if they had any problems. I was told that it took minimal time, once per month. . :,.' " FY 89/90 FY 90/91 FY 91/92 FY 92/93 FY 93/94 FY 94/95 GRAND TOTALS ITotal Collections Library n/a $ 1,08000 $ 10,181.90 $ 15,944.76 $ 17,29037 $ 19,487.62 $ 63,984.65 ITotal Collections School n/a n/a n/a $ 340,80300 $ 499,863.00 $ 340,794.00 $ 1,181,460.00 ITotal Collections Roads $ 457,423.39 $ 170,232.07 $ 243,385.21 $ 271 ,59888 $ 490,611.79 $ 344,658.20 $ 1,977,909.54 I Retainaqe * Amount (3% $ 13,72270 $ 5,13936 $ 7,607.01 $ 18,850.40 $ 30,232.95 $ 21,148.19 $ 96,700.63 SEMINOLE COUNTY IMPACT FEE COLLECTIONS FOR WINTER SPRINGS as of 4/30/96 C'J o ~. ',.' :-~ ((I U. u) C. lLI O. I .-, C" I (U G · Reflects what retainage would have been with participation in the Seminole County Impact Fee Program. .., d "',, . I. ROADIMPACTFEEINTERLOCALAGREEMENT SEMINOLE COUNTY/CITY OF WINTER SPRINGS THIS INTERLOCAL AGREEMENT is entered into on the day of , 1996, between SEMINOLE COUNTY, 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") and 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"). WHEREAS, the COUNTY has adopted road impact fees which require growth to contribute its fair share of the cost of required transportation capital improvements to certain arterial and collector roads of the COUNTY designated under the terms of Chapter 120, Land Development Code of Seminole County; and WHEREAS, the Impact Fees provided for under Chapter 120, 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; WHEREAS, this Interlocal Agreement is authorized by the provisions of Chapters 125, 163 and 166, 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 both parties, the parties hereby agree, stipulate and covenant as follows: p:\cp\projects\impfee\masters\inter.doc 07/12/96 ,~ 'j ,''''1 ~ . i 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 120.1 (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 Arterial Impact Fee and the Collector District Impact Fee imposed within the boundaries of the CITY as follows: (1) The CITY shall 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 Road Impact Fees prepared by the CITY be issued to the Applicant or Owner; or (B) that, if the Building Permit is for the construction of any Road Impact Construction, other than Single Family Detached Home, the owner or Applicant must present an Impact Fee Statement for County Road Impact Fees prepared by the COUNTY. (2) The CITY shall collect, prior to the issuance of the 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, 2 p:\cp\projects\impfee\masters\inter.doc 07/12/96 " :':.~'"r · I including any increase in bonding or surety costs from the handling of these additional mOnies. (a) Such collection method shall remain in effect during each annual renewal term unless the CITY notifies the COUNTY in writing prior to the 1st day of August of the selection of an alternative collection option for the next ensuing annual renewal period. 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 1 st 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. The COUNTY shall provide written notice to the CITY of each review being conducted pursuant to Section 120.41 (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 CI1Y or a review of the CI1Y's Impact Fees. SECTION 7. Reports. Periodically during the term of this Agreement, the COUNTY shall provide written reports of the collection and expenditure of Impact Fees, including current balances maintained in the applicable Trust Accounts. 3 p:\cp\projects\impfee\masters\inter.doc 07/12/96 ,... ..l'Il,It"'! ..'" I " 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 (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. Each party agrees to hold the other harmless from all liability which may result from the performance of its obligations herein, done in accordance with the terms of this Agreement to the full extent authorized by law and within its statutory limitation. Nothing herein shall be construed as a general pledge of COUNTY revenues. SECTION 10. Force Majeure. 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. 4 p:\cp\projects\impfee\masters\inter.doc 07/12/96 ,,\ ) ~-~ " 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. 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 III, Chapter 112, Florida Statutes relating to ethics in government. 5 p:\cplprojects\impfee\masters\inter.doc 07/12196 .i ~1 _~ -. I 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 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 all laws, 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. 6 p:\cp\projects\impfee\masters\inter.doc 07112/96 . ( ':::'r,: ,_ ~.. l SECTION 20. Entire Agreement. This Interlocal 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their duly authorized officers. ATTEST: CITY OF WINTER SPRINGS Margo Hopkins, Clerk City of Winter Springs By: John F. Bush, Mayor Date: ATTEST: BOARD OF COUNTY COMMISSIONERS By: Dick VanDerWeide, Chairman MARYANNE MORSE Clerk to the Board of County Commissioners of Seminole County, Florida Date: For use and reliance of Seminole County Only. -Approved as to form and legal sufficiency. As authorized for execution by the Board of County Commissioners at their 1996, regular meeting. County Attorney 7 p:\cp\projects\impfee\masters\inter.doc 07/12196 . .. ~ r LIBRARY SYSTEM IMPACT FEE INTERLOCAL AGREEMENT SEMINOLE COUNTY/CITY OF WINTER SPRINGS THIS INTERLOCAL AGREEMENT is entered into on the day of , 1996, between SEMINOLE COUNTY, 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") and 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"). WHEREAS, the COUNTY has adopted library system impact fees which require growth to contribute its fair share of the cost of required collection items under the terms of Chapter 115, Land Development Code of Seminole County; and WHEREAS, the Impact Fees provided for under Chapter 115, 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; WHEREAS, this Interlocal Agreement is authorized by the provisions of Chapters 125, 163 and 166, 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 both parties, the parties hereby agree, stipulate and covenant as follows: 1 p:\cp\projects\impfee\masters\libinter.doc 07/12/96 .- i' , 'f 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 115.1 (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 Library System Impact Fee imposed within the boundaries of the CITY as follows: (1) The CITY shall 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 Library Impact Fees prepared by the CITY be issued to the Applicant or Owner; or (B) that, if the Building Permit is for the construction of any Library 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, 2 p:\cp\projects\impfee\masters\libinter.doc 07/12/96 - - . . I :J ~. .., including any increase in bonding or surety costs from the::handling of these additional monies. (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. 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 1 st 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. The COUNTY shall provide written notice to the CITY of each review being conducted pursuant to Section 115.41 (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. SECTION 7. Reports. Periodically during the term of this Agreement, the COUNTY shall provide written reports of the collection and expenditure of Impact Fees, including current balances maintained in the applicable Trust Accounts. 3 p:\cp\projects\impfee\masters\libinter.doc 07/12/96 .. J J I 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 (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. Each party agrees to hold the other harmless from all liability which may result from the performance of its obligations herein, done in accordance with the terms of this Agreement to the full extent authorized by law and within its statutory limitation. Nothing herein shall be construed as a general pledge of COUNTY revenues. SECTION 10. Force Majeure. 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 lnterlocal 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. 4 p:\cp\projects\impfee\masters\Jibinter. doc 07112/96 ., ,A!:' r SECTION 13. Public Records. The CITY shall allow public access to all documents, papers, letters or other materiais which have been made or received by the CITY in conjunction with this Interlocal Agreement. 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 Inter/ocal 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. I I i J 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 III, Chapter 112, Florida Statutes relating to ethics in government. 11 5 p:\cp\projects\impfee\masters\libinter.doc 07/12/96 - ., .,/ 'I. r. " 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 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 all laws, 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. 6 p:\cp\projects\impfee\masters\libinter.doc 07112196 ~- .'~ ;. .r .,,' 1~ ... t SECTION 20. Entire Agreement. This Interlocal 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 i~strument equal in dignity herewith and executed by the parties to be bound thereby. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their duly authorized officers. ATTEST: CITY OF WINTER SPRINGS Margo Hopkins, Clerk City of Winter Springs By: John F. Bush, Mayor Date: ATTEST: BOARD OF COUNTY COMMISSIONERS MARYANNE MORSE Clerk to the Board of County Commissioners of Seminole County, Florida By: Dick VanDerWeide, Chairman Date: For use and reliance of Seminole County Only. Approved as to form and legal sufficiency. As authorized for execution by the Board of County Commissioners at their 1996, regular meeting. County Attorney 7 p:\cp\projects\impfee\masters\libinter.doc 07/12/96 .. .... ....;, ,"--..." :... . ......,-................ .....'..n.....~,'V..:.:.;:\..~.I,.I:..:.~'.ll~,:....lL. ':;' i' ;,; - . .r ( , t, · . 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 p:\cp\projects\impfee\masters\edinter. doc 07/12/96 .. ... . 'h .... ..... .".~.,w,_. . , . , . ......, . I,'. ,. ...... '." ','...;:.....,.". .. ,.' ....:.". .:... '1.l1<\ I:...li:..~.l.i.. " iJ - i. . (,f. . '. 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 Interlocal 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 !mposed within the boundaries of the CITY as follows: (1) The CITY shall 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:\cplprojects\impfee\masters\edinter.doc 07/12/96 . .~. .. ..... .. . . , ., ... .. . .... .., .' . ,,' .. ","!, .,-.' : ..~ I,' 1\ .J" ..:.. :;,;,': I:.'. 'M' : , .- . ' {'i .. (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 surety costs from the handling of these additional monies. (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 each 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 07/12/96 t' oJ [i" .. (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 1 st 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 Land Development Code of Seminole County, Developer Contribution Credits. 4 p:\cp\projects\impfee\masters\edinter.doc 07/12/96 . ,." . .",.; ,I. ...~ ...J......~/...,.. ./:, -I , . ~,t"'~: '.-. (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 07112/96 " & 'o-t 'I' .~;, ~ --.;.. .> 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 Majeure. 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 07/12/96 '( " ~. ~d:'1 ~.. 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 III, 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\impfeelmasters\edinter.doc 07/12/96 ~.'.i.t ~~ 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 all laws, 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) This Interlocal 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 i) :I~, -:- . '"' " '.....\..- .-!. ~!, ~.. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their duly authorized officers. ATTEST: CITY OF WINTER SPRINGS Margo Hopkins, Clerk City of Winter Springs By: John F. Bush, Mayor Date: ATTEST: BOARD OF COUNTY COMMISSIONERS By: Dick VanDerWeide, Chairman MARYANNE MORSE Clerk to the Board of County Commissioners of Seminole County, Florida Date: For use and reliance of Seminole County Only. Approved as to form and legal sufficiency. As authorized for execution by the Board of County Commissioners at their 1996, regular meeting. County Attorney SCHOOL BOARD By: Chairman Date: ATTEST: 9 p:\cp\projects\impfee\masters\edinter.doc 07/12/96