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Backup Documents 04/25/2017 Item #16F1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP .,. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO b r I THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUREI 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 �5/ A\z-,k 17 4. BCC Office Board of County �� Commissioners W/5/ 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION 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 Number Contact/ Department 1-Au l\A � f�N a 5a Agenda Date Item was Agenda Item Number r 1 Approved by the BCC \\as\ "1 j/// I G, c, t Type of Document SEM Number of Original Attached 9 Documents Attached a PO number or account number if document is (Q\A 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? .)F 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 11\ 3. Original document has been signed/initialed for legal sufficiency. (All documents to be 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 Office and all other parties except the BCC Chairman and the Clerk to the Board pf 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 'Q©4 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. e + 7. In most cases(some contracts are an exception),the original document and this routing slip 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 M1135\1-kenter date)and all changes made 0 during the meeting have been incorporated in the attached document. The County li Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by t BCC,all changes directed by the BCC have been made,and the document is ready fo the Chairman's signature. l: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 I F1 MEMORANDUM Date: April 28, 2017 To: Paula Fleischman, Senior Analyst Capital Project Planning, Impact Fees Program Management From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: An Interlocal Agreement with the Greater Naples Fire Rescue District to assist and cooperate with the District in collecting District impact fees An original copy of the Interlocal Agreement referenced above, (Item #16F1) approved by the Board of County Commissioners April 25, 2017 is attached for your use. The second original will be taken to be recorded and after you will receive a copy of the recorded agreement. If you have any questions, please contact me at 252-8406. Thank you. Attachment 16 F MEMORANDUM Date: May 8, 2017 To: Paula Fleishman, Senior Analyst Capital Project Planning, Impact Fees & Program Management From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: An Interlocal Agreement with Greater Naples Fire Rescue District to assist the District in collecting impact fees Attached for your records you will find a recorded copy of the agreement referenced above (Item #16F1), approved by the Collier County Board of County Commissioner's on Tuesday, April 25, 2017. The original recorded agreement will be held by this department for the Board's Official Record. If you have questions or if I can be of any additional assistance, please feel free to call me at 252-8406. Thank you. Attachments (1) INSTR 5399028 OR 5389 PG 383 RECORDED 512/2017 9:03 AM PAGES 6 DWIGHT E. BROCK,CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $52.50 INTERLOCAL AGREEMENT 1 b F 1 THIS INTERLOCAL AGREEMENT is entered into thisGIS day of a \ 2017, by and between THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, Florida, as the governing body of Collier County (the "County"), and the GREATER NAPLES FIRE RESCUE DISTRICT, an independent special district of the State of Florida (the "District"). RECITALS: WHEREAS, the Florida Interlocal Cooperative Act of 1969, Florida Statutes, Section 163.01 (the "Interlocal Act"), authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately; and WHEREAS,the East 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 15, 1990 (the "ENFCD Agreement") and the Golden Gate Fire Control and Rescue District and the County entered into an interlocal agreement related to the collection of impact fees by the County on January 16, 1990 (the "GGFCD Agreement"); and WHEREAS, the District(s) is an independent fire control and rescue district created and existing under the laws of the State of Florida, particularly Chapter 2014-240, Laws of Florida, as amended (the "Special Act"), and has all powers and authorities enumerated therein and in Chapters 189 and 191, Florida Statutes; and WHEREAS,the Special Act merged the East Naples Fire Control and Rescue District and the Golden Gate Fire Control and Rescue District into the Greater Naples Fire Rescue District (GNFD) upon referendum approval, which was received on November 4, 2014; and WHEREAS,pursuant to Section 6 of the Special Act,all contracts on the date of enactment remained in full effect and their validity are not affected by the merger in to the District; and WHEREAS, the Greater Naples Fire Rescue District was expanded to include the Isles of Capri MSTU area known as Fiddler's Creek in accordance with Chapter 2015-188, Laws of Florida; and Page 1 of 6 16F1 WHEREAS, the Greater Naples Fire Rescue District was expanded to include the Collier County Fire MSTU area known as Naples Reserve in accordance with Chapter 2015-189, Laws of Florida; and WHEREAS, the Greater Naples Fire Rescue District was expanded to include the Isles of Capri MSTU area in accordance with Chapter 2016-261, Laws of Florida; and WHEREAS, the Greater Naples Fire Rescue District was expanded to include the Collier County Fire MSTU area known as Collier County District One in accordance with Chapter 2016- 262, Laws of Florida; and WHEREAS, pursuant to Section 5.06 of Article V, Finances, of Section 4 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 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 WHEREAS, pursuant to Resolution 2016- 10, adopted by the District's Board of Fire Commissioners on September 28th, 2016, effective September 28th, 2016 (the "Resolution"), the District established impact fees for new construction within its boundaries; 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, pursuant to Section 163.31801, Florida Statutes, the District is limited in the administrative charges for the collection of impact fees to actual costs. 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: Page 2 of 6 1 6 F1 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 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 Resolution, a copy of which is attached to this Agreement. 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 Resolution, as same may be modified from time-to-time. District shall give County at least thirty (30) days prior written notice of any amendment, modification, or other change to the 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 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. 5. The District hereby directs the County to classify the building permits and collect all impact fees based upon the following definitions; "Dwelling Unit" shall mean a building designed for or the primary purpose of which is for residential occupancy, and which consists of one or more rooms which are arranged, or used as living quarters for one or more persons. Each unit of any multi-family structure, whether it be a duplex, triplex, cooperative apartment or condominium or similar type structure shall be considered and constitute a residential dwelling unit as required by the District Special Act. "Commercial Structure" shall mean a building designed for or whose primary purpose is for commercial occupancy, and which consists of one or more rooms which are arranged, designed or used for commercial activities. Motels, hotels, shopping centers, churches, nursing homes, hospitals, congregate living facilities (not otherwise classified as a dwelling unit), schools, fraternal lodges, veteran's lodges, or similar type structures shall be considered commercial structures as required by the District Special Act. Page 3 of 6 1 6 F . "Industrial Structure" shall mean a building designed for or whose primary purpose is for industrial activities and which consists of one or more rooms which are arranged, designed or used for industrial activities. "Living Area" shall be defined as that area of any structure that is covered by a roof "Permitted Living Area" shall be defined as 25% of the area covered by the individual lots of a mobile home development. "Developer" shall mean the permit applicant or the person on behalf of whom the permit is being requested, as applicable. "Usable Area" shall mean all areas covered by a roof 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. 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 percent (1%) 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 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 from the handling of these additional monies, as required by Section 163.31801, Florida Statutes. 8. This Agreement shall commence as of the date first above written and 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. As of such date, the ENFCD Agreement and the GGFCD Agreement are terminated and of no further force or effect. Page 4 of 6 1 6 F 1 9. 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 with written direction on such interpretation or procedure with the District's understanding that the County shall rely on such written direction. 10. 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 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 which 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 Enabling 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. 11. 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: Development Services Director 2800 North Horseshoe Drive Naples, Florida 34104 With a copy to: Office of the County Attorney 3301 Tamiami Trail East Naples, Florida 34112 For the District: Greater Naples Fire Rescue District 14575 Collier Blvd Naples, FL 34119 Page 5 of 6 IÔF1 12. 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. 13. Time is not of the essence of this Agreement. 14. 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. 15. This Agreement shall be construed in accordance with the substantive laws of the State of Florida. 16. 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. 17. 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. 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 Corn i rs b(A: / &,t. p Attest as tal .: ''S Deputy Clerk Penny Tayl.6" airman Approv tand legal sufficiency for the o '$llVIj Jeffre �� tzkow Assista C s ty Attorney Greater Naples Fire Rescue District Item# Agenda i.4-n--C1 Date 4 P47— JEFF PAGAi Date Recd Li,--R/1 117 CHAIRM L Page 6 of 6 Deputy -k!