Backup Documents 09/27/2016 Item #16F 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT la 3
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK 9/27/16
4. BCC Office Board of County -IDFA=7.L\
Commissioners ONG45l `'‘ Z•-l\ki,—,
5. Minutes and Records Clerk of Court's Office 2�hi, 4:rPRIMARY CONTACT INFORMATION ``Jf"`
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Paula Fleish n, Capital Project Planning, Phone Number 252-2924
Contact/Department Impact Fees
Agenda Date Item was 9/27/16 Agenda Item Number 16-F-3
Approved by the BCC
Type of Document Interlocal Agreement Number of Original Two
Attached Documents Attached
PO number or account See attached email
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAK
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 9/27/16 and all changes made during the JAK
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by th• ..1-P.
BCC,all changes directed by the BCC have been made,and the document is ready fo the ,�
Chairman's signature. �,',N�f
I:Forms/County Forms/BCC Forms!Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Friday, October 07, 2016 2:34 PM
To: Fleishman, Paula
Subject: Recorded Interlocal Agreement (Item #16F3 9-27-16 BCC Meeting)
Attachments: Interlocal Agreement w_NCFCRD (9-27-16 Item #16F3).pdf
Hi Paula,
A copy of the recorded Interlocal Agreement with the
North Collier Fire Control and Rescue District that was approved
by the Board at their September 27 Meeting (Item #16F3)
is attached for you.
I included the receipt for the recording charges also.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustment Board
Collier County Board Minutes & Records Dept.
239-252-8406 Fax 239-252-8408
1
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INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is entered into this 2— r day of c. exnioc. "'
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
Board of Fire Commissioners (the"District").
RECITALS:
WHEREAS, Section 163.01, Florida Statutes, the Florida Interlocal Cooperative Act of
1969, (the "Interlocal Act"), authorizes the joint exercise of any power, privilege or authority
that the public agencies involved herein might exercise separately; and
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
January 1, 2015, and is operating under the laws of the State of Florida, particularly Chapter
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
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
INSTR 5317149 OR 5318 PG 706
RECORDED 9/28/2016 2:06 PM PAGES 8
DWGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$69.50
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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 163.31801, Florida Statutes, the District is limited in the
administrative charges for the collection of impact fees to actual costs; and
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
to the collection of impact fees under the terms of this Agreement; and
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
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
the immediately succeeding fiscal year; and
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
December 31, 2005 (the `BCIFCD Agreement"), which required the Big Corkscrew Island Fire
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
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
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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
boundaries; and
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
new impact fee rates for Fiscal Year 2016-2017 as well as made the District's impact fee
categories consistent with the County's categories for efficiency purposes; Resolution 16-036,
which imposed the rates adopted in Resolution 16-017 as tentative rates for Fiscal Year 2016-
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
WHEREAS, in accordance with the NNFCD Agreement and BCIFCD Agreement, the
District provided notice of the new impact fee rates to the County on June 27, 2016.
NOW, THEREFORE, in consideration of the premises and for good and valuable
consideration, receipt and sufficiency of which is hereby acknowledged by both parties, the
parties hereby agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
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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
imposed within the District's boundaries (collectively known as the "Impact Fee Resolution").
3. The County hereby agrees to assist and cooperate with the District in collecting
the District's 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.
4. The County shall require, prior to and as condition to the issuance of a building
permit, the payment to the County of the impact fee imposed by the Impact Fee Resolution. All
impact fees collected by the County during a calendar month shall be remitted by the County to
the District, with interest earned on such fees, prior to the fifteenth(15th) working day following
the last day of the calendar month in which such impact fees are collected. The payment to the
District shall be made payable to the North Collier Fire Control and Rescue District.
5. To reimburse the County for the costs incurred in the collection of the impact fees
pursuant to this Agreement, the County shall separately invoice the District for an amount equal
to one and one half percent (1'/2 %) of the total impact fees collected by the County on behalf of
the District during each calendar month. The invoice for such reimbursed costs shall be
forwarded prior to the fifteenth (15th) 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
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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, includinganyincrease to the Countyin bondingor surety costs resulting
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from the handling of these additional monies, as required by Section 163.31801, Florida Statutes.
If at the end of the fiscal year, the District has paid to the County more than the actual costs that
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
the receipt, allocation, and expenditure of impact fees, including records as to the issuance of
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
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
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,
return receipt requested,that it wishes to terminate the Agreement.
8. In the event that the County is uncertain as to its obligations or procedures
pursuant to this Agreement, the County may request in writing and the District shall respond,
within ten (10) calendar days of District's receipt of the written request, providing the County
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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,judgments or liability of any kind that result from(1)the sole negligence of the County
in charging or collecting the impact fees; or (2) from a judicial determination that the District is
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
Special Act or circumvents the provisions set forth therein authorizing the collection of the
impact fees. Except as specifically set forth in this paragraph, neither the County nor the District
shall have any responsibility or requirement to indemnify or hold harmless the other.
10. All notices required under this Agreement shall be in writing and shall be sent
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
With a copy to: Capital Project Planning, Impact Fees, and Program Management, Director
2800 North Horseshoe Drive
Naples, Florida 34104
With a copy to: Office of the County Attorney
3301 Tamiami Trail East
Naples, Florida 34112
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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
Tampa,Florida 33606
11. This Agreement shall be effective for all building permits issued after execution
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.
12. Time is not of the essence of this Agreement.
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.
14. This Agreement shall be construed in accordance with the substantive laws of the
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.
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
party,that waiver shall not operate or be construed as a waiver of later similar breaches.
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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
011�
: t� Cr: D 4/".21/4°
•�: , ADeputy Clerk Don_a Fiala
Attest as to Chat ,i. Chairman
signature only..
Approved as to ornz and legal sufficiency
for the o y•
is
bit
111
Jeffrey Ki ow, County Attorney
1
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i
North Collier Fire Control and Rescue
District
/141 . 471,-
No , an E. Feder
C =irman
Approved as to form and legal sufficiency
for the District:
Li i
Attorney for the
North Collier Fire Control and Rescue District
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