County EMS/Fire Rescue Impact Fee AgmtINTERLOCAL AGREEMENT
(EMS/Fire Rescue Impact Fees)
THIS AGREEMENT entered into this 15 day of rty. 2007, by and between OKEECHOBEE
COUNTY, a political subdivision of the State of Florida, (County), and the CITY OF
OKEECHOBEE, a Florida municipal corporation, (City).
WHEREAS, the County has adopted a EMS Impact Fee Ordinance to address the need
for EMS /Fire Rescue (hereinafter referred to as "EMS ") capital improvements in Okeechobee
County; and
WHEREAS, the City and the County wish to enter into this Interlocal agreement to
provide for the collection of EMS impact fees within unincorporated area of the County and
within the municipal boundaries of the City.
NOW, THEREFORE, IT IS AGREED as follows:
1. The City agrees to:
a. Collect the applicable EMS impact fee as provided in the Okeechobee
County EMS Impact Fee Ordinance.
b. Maintain all records of the EMS impact fees collected including the name,
address, and amount paid. The City shall, on a monthly basis, provide copies of
such records to the County, with the copies being provided by the 15th day of
each month reflecting collections received the previous month.
c. Remit to County all funds collected as EMS impact fees. The City may
impose an administrative charge of not more than three percent (3 %) of the funds
collected which may be kept by City as reimbursement for the its actual cost of
collection of the funds. The City shall remit the impact fee funds to the County,
by the 15th day of the month following collection.
d. Notify the County Administrator or his designee when there is a request
for a development permit for a residential use that is not designated in the EMS
impact fee schedule.
e. Notify the County Administrator or his designee when there is an offer to
donate or construct part of an EMS capital improvement project by a developer in
the City, in lieu of paying all or part of the EMS impact fee.
f. Provide the County on December 1 of each year, annual financial reports
and information pertaining to the collection of EMS impact fees by the City
during the previous fiscal year.
2. County agrees to:
a. Collect the applicable EMS impact fee as provided in the Okeechobee
County EMS Impact Fee Ordinance.
b. Provide to the City, administrative procedures and administrative
assistance in setting up bookkeeping and other accounting procedures necessary
for City to collect the fee.
c. Expend impact fee funds for the sole purpose of providing EMS capital
improvements that will increase EMS capacity necessitated by the development
that paid impact fees in a manner that will demonstrably benefit the payers of the
impact fees as provided in the Okeechobee County EMS Impact Fee Ordinance.
d. Provide to the City, on January 1 of each year, annual financial reports and
information showing how impact fees were used during the previous fiscal year
and how impact fees are planned to be used during the current fiscal year.
e. Notify the City when it has received an offer by a developer to donate or
construct all or part of an EMS capital improvement located within the City in
lieu of payment of all or part of the EMS impact fee as provided in the EMS
Impact Fee Ordinance, and whether it has accepted or rejected the offer.
f. The County shall hold the City harmless should any suit or legal action be
brought to contest the validity of the EMS impact fee ordinance or to contest the
amount of any impact fee imposed or collected pursuant to the EMS impact fee
ordinance. The County agrees to provide any legal defense necessary at no cost to
the City. Should a Court of competent jurisdiction order a refund of all or part of
any EMS impact fee or should any refund be agreed to by the County, the refund
shall be paid solely by the County.
3. The County shall have the final authority and responsibility as provided in the EMS
Impact Fee Ordinance as to whether to accept an offer by a developer to donate or to construct
all or part of an EMS capital improvement in lieu of payment of all or part of the EMS impact
fee.
4. The County shall have the final authority and responsibility for the use and expenditure
of impact fee monies pursuant to the EMS Impact Fee Ordinance.
5. This Agreement embodies the whole understanding of the parties. There are no promises,
terms, conditions or obligations other than those contained herein; and this Agreement shall
supersede all previous communications, representations, or agreements, either verbal or written,
between the parties hereto.
6. This Agreement shall be effective for a period of ten (10) years beginning on the date that
all parties have executed this Agreement. The Agreement may be amended, terminated or
extended upon mutual written agreement of all parties.
IN WITNESS WHEREOF the parties hereto have caused the execution hereof by their
duly authorized officials on the dates stated below.
ATTEST:
Clerk, Sharon Rober son'
Okeechobee County, Florida
Clerk Lane Gamiottea, GC
BOARD OF COUNTY COMMISSIONERS
OKEECHOBEE COUNTY, FLORIDA
DATE: April 12, 2007
APPROVED AS TO FORM AND CORRECTNESS:
County Attorney f f.
CITY OF OKEECHOBEE, FLORIDA
e;g6el
ayor Jams E. Kirk
DATE: may 15, lam
APPROVED AS TO FORM AND CORRECTNESS:
7)Cit
City Attorney Jthi R.