Agenda 09/27/2016 Item #16F3 16.F.3
09/27/2016
EXECUTIVE SUMMARY
Recommendation to approve an Interlocal Agreement with the North Collier Fire Control and
Rescue District to assist and cooperate with the District in collecting the District's impact fees.
OBJECTIVE: To approve an Interlocal Agreement with North Collier Fire Control and Rescue District
(the District).
CONSIDERATIONS: Under Florida law, Independent Fire Districts are authorized to assess and
collect impact fees. The District was created through the merger of the Big Corkscrew Island Fire
Control and Rescue District and the North Naples Fire Control and Rescue District on January 1, 2015
(collectively referred to as the "predecessor districts"). Both predecessor districts had Interlocal
Agreements with the County wherein the predecessor district determined the amount of impact fees to be
charged, and the County collected the predecessor district's impact fee at the same time it collected the
other impact fees owed, with the County paid an administrative fee of 1.5% of the collected amount for
this service. These interlocal agreements with the predecessor districts were assumed by the District after
the merger. This Agreement supersedes and replaces the two agreements with the predecessor districts.
The proposed Agreement is substantially similar to the two prior Interlocal Agreements with the
predecessor fire districts. This is a month-to-month agreement with either party having the right to
terminate on 30 days prior written notice.
FISCAL IMPACT: The County will continue to administer the impact fee collections on behalf of the
Fire District with no change in reimbursement to the County equal to 1.5% of the total impact fees
collected on behalf of the District for costs incurred in the collection of the impact fees. Reimbursements
for fiscal year 2016 (year-to-date)totaled approximately $34,000.
GROWTH MANAGEMENT IMPACT: This is no growth management impact related to this item.
LEGAL CONSIDERATIONS: This item, which has already been approved by the District, has been
reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for
approval. -JAK
RECOMMENDATION: To approve an Interlocal Agreement with the North Collier Fire Control and
Rescue District.
Prepared by: Paula Fleishman, Senior Operations Analyst, Capital Project Planning, Impact Fees and
Program Management Division, Growth Management Department
ATTACHMENT(S)
1.North Collier Fire Interlocal executed (PDF)
Packet Pg. 1552
16.F.3
09/27/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.3
Item Summary: Recommendation to approve an Interlocal Agreement with the North Collier Fire
Control and Rescue District to assist and cooperate with the District in collecting the District's impact
fees.
Meeting Date: 09/27/2016
Prepared by:
Title: Operations Analyst, Senior—Capital Project Planning, Impact Fees, and Program Management
Name: Paula Fleishman
09/01/2016 10:44 AM
Submitted by:
Title: Division Director- Corp Fin& Mgmt Svc—Budget and Management Office
Name: Mark Isackson
09/01/2016 10:44 AM
Approved By:
Review:
Capital Project Planning, Impact Fees,and Program Management Amy Patterson Level 1 Sim. Reviewer 1-8Completed
Growth Management Department David Wilkison Level 2 Add Division Reviewer Completed 09/02/2016 1:35 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/06/2016 9:38 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/06/2016 1:32 PM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 09/13/2016 3:09 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/18/2016 11:00 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/27/2016 9:00 AM
Packet Pg. 1553 I
16.F.3.a
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is entered into this day of
2016, by and between the Board of County Commissioners of Collier County. Florida, as the
governing body of Collier County (the "County"), and the North Collier Fire Control and Rescue
District, an independent fire control and rescue district of the State of Florida by and through its `a)
ra
Board of Fire Commissioners (the **District"). c.)
RECITALS:
11)
i5
WHEREAS. Section 163.01, Florida Statutes, the Florida Interlocal Cooperative Act of
it
1969. (the "Interlocal Act"). authorizes the joint exercise of any power, privilege or authority
that the public agencies involved herein might exercise separately; and
0
WHEREAS, the District was created through the merger of the Big Corkscrew Island
Fire Control and Rescue District and the North Naples Fire Control and Rescue District on -0
January 1, 2015, and is operating under the laws of the State of Florida, particularly Chapter a)
ra
2015-191, Laws of Florida, (the "Special Act"), with all powers and authorities enumerated
therein and in Chapters 189 and 191, Florida Statutes; and
WHEREAS, pursuant to Section 191.009(4), Florida Statutes, the District "may establish
a schedule of impact fees in compliance with any standards set by general law for new
0
construction to pay for the cost of new facilities and equipment, the need for which is in whole or
in part the result of new construction" within its boundaries: and -c
Page 1 of 8
Pnr•leek+Dr. IA I
16.F.3.a
WHEREAS. pursuant to Subsection 8 of Section 6 of the District's charter found in
Section 3 of the Special Act, the District is authorized to assess and collect impact fees pursuant
to Chapter 191, Florida Statutes; and
WHEREAS, pursuant to Section 16131801, Florida Statutes. the District is limited in the
administrative charges for the collection of impact fees to actual costs; and a)
Q
WHEREAS, neither the Interlocal Act, Florida Statutes, nor the Special Act requires
collection of the impact fees by the County; however, in the spirit of cooperation, and the parties'
mutual desire to maintain an efficient building permit process, the District and the County agree
it
to the collection of impact fees under the terms of this Agreement; and
0
WHEREAS, the North Naples Fire Control and Rescue District and the County entered
into an interlocal agreement related to the collection of impact fees by the County on September
c.)
a)
25, 1990 (the -NNFCD Agreement'), which required the North Naples Fire Control and Rescue
District to determine the maximum amount of impact fees to be assessed in a fiscal year prior to (.)
a)
the immediately succeeding fiscal year: and
0
WHEREAS, the Big Corkscrew Island Fire Control and Rescue District and the County
entered into an interlocal agreement related to the collection of impact fees by the County on
'5
December 31, 2005 (the -BCIFCD Agreement"), which required the Big Corkscrew Island Fire c.)
Control and Rescue District to provide at least 30 days prior written notice of any modification to
its impact fee ordinance, including changes in the rates of impact fees; and
co
•Zi
WHEREAS. when the merger of North Naples Fire Control and Rescue District and Big
Corkscrew Island Fire Control and Rescue District became effective, pursuant to Section
Pan 2 of 8
I Packet Pa. 1555
16.F.3.a
189.074. Florida Statutes, all contracts on the date of merger remained in full effect and their
validity were not affected by the merger; and
WHEREAS, the District adopted Resolution 15-034 on September 30, 2015, which
established impact fee rates for the 2015-2016 fiscal year for new construction within its a)
boundaries; and
0
WHEREAS. in accordance with the NNFCD Agreement and the BCIFCD Agreement,
the County has collected the District's impact fees during the 2015-2016 fiscal year; and
WHEREAS, the District adopted Resolution 16-017 on June 16, 2016, which established
a)
new impact fee rates for Fiscal Year 2016-2017 as well as made the District's impact fee
1:77-
categories consistent with the County's categories for efficiency purposes; Resolution 16-036.
0
z
which imposed the rates adopted in Resolution 16-017 as tentative rates for Fiscal Year 2016-
0.
2017. on September 7, 2016; and Resolution 16-040. which made additional conforming and
technical changes to the District's impact fee categories, on September 8, 2016 (collectively
known as the -Resolutions"); and
0
T—L
WHEREAS, in accordance with the NNFCD Agreement and BCIFCD Agreement, the
ci
it
District provided notice of the new impact fee rates to the County on June 27, 2016.
0
NOW, THEREFORE, in consideration of the premises and for good and valuable
0
z
consideration, receipt and sufficiency of which is hereby acknowledged by both parties, the
parties hereby agree as follows:
co
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
Page 3 of 8
I Packet Pg. 1556 I
I 6.F.3.a
2. This Interlocal Agreement (hereinafter this "Agreement-) is entered into pursuant
to the provisions of Section 163.01, Florida Statutes. Terms and words used in this Agreement
shall have the meanings set forth in the Resolutions, a copy of which are attached to this
•-..
Agreement, or a subsequently adopted resolution by the District that establishes impact fees
E
imposed within the District's boundaries (collectively known as the -Impact Fee Resolution"). ED_
a)
3. The County hereby agrees to assist and cooperate with the District in collecting
the Districts impact fees imposed within the District's boundaries in a manner consistent with
the Impact Fee Resolution. District shall give the County at least thirty (30) days prior written
notice of any amendment, modification, or other change to the Impact Fee Resolution, including
but not limited to changes in the rates of impact fees to be assessed, and any changes to the
District's boundaries. _ct
4. The County shall require. prior to and as condition to the issuance of a building CD
C•1
C7)
permit, the payment to the County of the impact fee imposed by the Impact Fee Resolution. All
a)
impact fees collected by the County during a calendar month shall be remitted by the County to z
the District, with interest earned on such fees, prior to the fifteenth (151h) working day following Ta
the last day of the calendar month in which such impact fees are collected. The payment to the
ED_
District shall be made payable to the North Collier Fire Control and Rescue District.
'at)
5. To reimburse the County for the costs incurred in the collection of the impact fees -6-
-.5
pursuant to this Agreement, the County shall separately invoice the District for an amount equal
to one and one half percent (11/4 %) of the total impact fees collected by the County on behalf of
E
the District during each calendar month. The invoice for such reimbursed costs shall be
C3
forwarded prior to the fifteenth (151h) working day following the last day of the calendar month
in which such impact fees are collected. The District shall pay to the County the full amount of
Page 4 of 8
I Packet PIA. 1557
16.F.3.a
such invoice fifteen (15) working days after receipt of the invoice. The amount paid by the
District shall not be a deduction from impact fees. Both parties acknowledge the amount of such
reimbursement is equal to the actual cost incurred by the County in the collection of the
District's impact fees, including any increase to the County in bonding or surety costs resulting
E
from the handling of these additional monies, as required by Section 163.31801, Florida Statutes.
rn
Q
If at the end of the fiscal year, the District has paid to the County more than the actual costs that Ta
the County incurred in the collection of impact fees by the County on behalf of the District, the
County shall return to the District such overpayment.
6. Each party shall have the reciprocal right to review the records of the other as to
L
the receipt, allocation, and expenditure of impact fees, including records as to the issuance of
6
building permits. All such inspections shall be made upon reasonable notice and at reasonable
times and place.
7. This Agreement shall commence and the NNFCD Agreement and BCIFCD
a,
Agreement are terminated and of no further force or effect on October 1, 2016. Notwithstanding,
the obligations related to the distribution of impact fee revenues and reimbursement of collection Ta
U
costs under the NNFCD Agreement and BCIFCD .Agreement for impact fees collected prior to
September 30, 2016 shall survive. This Agreement shall continue on a month-to-month basis
until either party gives the other party thirty (30) days prior written notice, sent by certified mail.
U
return receipt requested, that it wishes to terminate the Agreement. o
8. In the event that the County is uncertain as to its obligations or procedures
E
pursuant to this Agreement, the County may request in writing and the District shall respond,
s
within ten (10) calendar days of District's receipt of the written request, providing the County
Page 5 of 8
Arra
16.F.3.a
with written direction on such interpretation or procedure with the District's understanding that
the County shall rely on such written direction.
9. The District agrees to indemnify the County for and hold the County harmless
from all costs. fees, damages. judgments or liability of any kind that result from the County's
performance of its obligations herein, done in accordance with either the Impact Fee Resolution
or any written directions given by the District to the County pursuant to this Agreement. The
County agrees to indemnify the District for and hold the District harmless from all costs, fees,
damages,juduments or liability of any kind that result from (1) the sole negligence of the County
7/1
i5
in charging or collecting the impact fees: or (2) from a judicial determination that the District is
LL
not authorized to pay the County the administrative fee separate from the impact fees collected
as set forth in this Agreement or that the payment of such administrative fee is prohibited by the
8
Special Act or circumvents the provisions set forth therein authorizing the collection of the (.0
(.1
impact fees. Except as specifically set forth in this paragraph, neither the County nor the District
a)
shall have any responsibility or requirement to indemnify or hold harmless the other.
x
a)
10. All notices required under this Agreement shall be in writing and shall be sent
U
addressed to the party at the address as stated below, or at such other address notice of which
said party may provide in writing from time to time:
For the County: Office of the County Manager
3301 Tamiami Trail East (.)
Naples, Florida 34112 8
z
With a copy to: Capital Project Planning, Impact Fees, and Program Management, Director
a)
2800 North Horseshoe Drive
Naples, Florida 34104
With a copy to: Office of the County Attorney
3301 Tamiami Trail East
Naples, Florida 34112
Page 6 of 8
I Packet Pa. 1559
16.F.3.a
For the District: Fire Chief
North Collier Fire Control and Rescue District
1885 Veterans Park Drive
Naples, Florida 34109
With a copy to: Laura Donaldson
Manson Bolves Donaldson Varn, PA
1101 West Swann Avenue E
Tampa, Florida 33606
11. This Agreement shall be effective for all building permits issued after execution
0
of this Agreement by the parties, and this Agreement shall further confirm and ratify the
collection of all impact fees, which have been collected by the County on behalf of the District. 7/1
12. Time is not of the essence of this Agreement.
U-
13. This Agreement shall constitute the entire Agreement among the parties with
respect to the subject matter hereto. Any amendment, modification, or extension of this
Agreement shall be in writing and shall be signed by all the parties to this Agreement.
c.
14. This Agreement shall be construed in accordance with the substantive laws of the
0
a,
State of Florida.
15. This Agreement may be executed in multiple counterparts, any of which shall be
deemed to be an original, but all of which shall constitute one and the same instrument. °1
a.)
16. Neither this Agreement, nor the rights or obligations hereunder, may be assigned `-
or delegated in whole or in part. If any party waives a breach of this Agreement by any other
U
party, that waiver shall not operate or be construed as a waiver of later similar breaches.
Rf
Page 7 of 8
Packet Pg. 1560 I
16.F.3.a
IN WITNESS WHEREOF, the parties hereby have executed the foregoing Interlocal
Agreement the day and year first above written.
ATTEST: Collier County Board of County
Dwight E. Brock, Clerk Commissioners
, Deputy Clerk Donna Fiala
Chairman To'
0
Approved as to form and legal sufficiency
for the County:
7,5
Ea
Jeffrey A. Klatzkow, County Attorney
c.)
8
CD
CS)
North Collier Fire Control and Rescue
District "CI
/ 14171•" X
Nor, an E. Feder 0
C sirman
Approved as to form and legal sufficiency
for the District: "c3
c.)
4-08
Attorney for the
North Collier Fire Control and Rescue District
co
Page 8 of 8
I Packet Pg. 1561 I