HomeMy WebLinkAbout1996 08 12 Regular Item C
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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.
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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.
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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:
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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
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,"11 0 8 1996
Ct'TY OF WINTER SPRINGS
~ Laud McuICl9~nH:mt _
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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)
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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.
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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
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· Reflects what retainage would have been with participation in the Seminole County Impact Fee Program.
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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:
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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,
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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.
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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.
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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.
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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.
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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
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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
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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,
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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
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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
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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.
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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.
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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
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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
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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
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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
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(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.
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(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
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(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
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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
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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
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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
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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
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