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Interlocal Agmt for MDCPS INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING IN MIAMI-DADE COUNTY This agreement is entered into between Miami-Dade County, a political subdivision of the State of Florida (hereinafter referred to as "County"), the Cities of City of Aventura, Town of Bay Harbor Islands, City of Coral Gables, Village of El Portal, City of Florida City, City of Hialeah, City of Hialeah Gardens, City of Homestead, Village of Indian Creek, Village of Key Biscayne, City of Miami, City of Miami Beach, Town of Miami Lakes, Village of Miami Shores, City of Miami Springs, City of North Bay Village, City of North Miami, City of North Miami Beach, City of Opa-Locka, Village of Palmetto Bay, Village of Pinecrest, City of South Miami, City of Sunny Isles Beach, City of Sweetwater, and the City of West Miami (hereinafter collectively referred to as "Cities"), and The School Board of Miami-Dade County, Florida, a political subdivision of the State of Florida, (hereinafter referred to as "School Board"). RECITALS WHEREAS, the County, Cities and the School Board recognize their mutual obligation and responsibility for the education, nurturing and general well-being of the children within their respective communities; and, WHEREAS, the County, Cities, and School Board recognize the benefits that will flow to the citizens and students of their communities by more closely coordinating their comprehensive land use and school facilities planning programs: namely (1) better coordination of new schools in time and place with land development, (2) greater efficiency for the school board and local governments by placing schools to take advantage of existing and planned roads, water, sewer, and parks, (3) improved student access and safety by coordinating the construction of new and expanded schools with the road and sidewalk construction programs of the local governments, (4) better defined urban form by locating and designing schools to serve as community focal points, (5) greater efficiency and convenience by co-locating schools with parks, ball fields, libraries, and other community facilities to take advantage of joint use opportunities, (6) reduction of pressures contributing to urban sprawl and support of existing neighborhoods by appropriately locating new schools and expanding and renovating existing schools, and (7) improving the quality of education in existing, renovated and proposed schools; and, WHEREAS, Section 1013.33, Florida Statutes, requires that the location of public educational facilities must be consistent with the comprehensive plan and implementing land development regulations of the appropriate local governing body; and, Page I of 19 WHEREAS, Sections 163.3177(6)(h) 1 and 2, Florida Statutes, require each local government to adopt an intergovernmental coordination element as part of their comprehensive plan that states principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of the school boards, and describes the processes for collaborative planning and decision- making on population projections and public school siting; and, WHEREAS, Sections 163.31777 and 1013.33, Florida Statutes, further require each county and the non-exempt municipalities within that county to enter into an interlocal agreement with the district school board to establish jointly the specific ways in which the plans and processes of the district school board and the local governments are to be coordinated; and, WHEREAS, By entering into this agreement the School Board, County, and the Cities are fulfilling their statutory obligations and requirements recognizing the benefits that will accrue to their citizens and students described above; AGREEMENT NOW THEREFORE, be it mutually agreed between the School Board, the County and the Cities that the following procedures will be followed in coordinating land use and public school facilities planning: Section 1. Joint Meetings 1.1 A staff working group comprised of the County Mayor/Manager and/or designee, School Board Superintendent and/or designee, and City Mayor/Manager and/or their designees will meet at least on a semi- annual basis to discuss issues and formulate recommendations regarding public education in the School District, and coordination of land use and school facilities planning, including such issues as population and student projections, development trends, a work program for five, ten and twenty year intervals and its relationship to the local government comprehensive plans, particularly as it relates to identification of potential school sites in the comprehensive plan's future land use map series, school needs (school capacity and school funding), collocation and joint use opportunities, and ancillary infrastructure improvements needed to support the school and ensure safe student access. Representatives from the Regional Planning Council, the Latin Builders Association and the Builders Association of South Florida will also be invited to attend and participate. The initial meeting of the working group shall be held within 60 days of the date of execution of the interlocal agreement, upon at least 30 days written advance notice, and shall be coordinated by the School Board Superintendent, or designee. 1.2 The School Board Superintendent and/or designee shall coordinate an annual joint workshop session and invite one or more Page 2 of 19 representatives of the County Commission or their designee, the governing body of each City or their designees, and the School Board or their designee (s). A representative of the Regional Planning Council will also be invited to attend. The School Board shall provide the meeting invitations with at least 30 days advance written notice of such meeting to the person designated as a contact in this Agreement. The joint workshop sessions provide opportunities for the County Commission, the City Commissions or Councils, and the School Board to hear reports, discuss policy, set direction, and reach understandings concerning issues of mutual concern regarding public education, and coordination of land use and school facilities planning, including population and student growth, development trends, school needs, off- site improvements, school capacity, school funding, options to reduce the need for additional permanent student stations, and joint use opportunities. Section 2. Student Enrollment and Population Projections 2.1 In fulfillment of their respective planning duties, the County, Cities, and School Board agree to coordinate their plans upon consistent projections of the amount, type, and distribution of population growth and student enrollment. Countywide five-year population projections shall be updated at least once every two years by the County. The School Board may enter into a separate agreement with the County for the preparation of student enrollment projections. Updated County and School District data shall be provided at least once every two years for review at the staff working group meeting described at subsection 1.1. 2.2 The School Board shall utilize student population projections based on information produced by the demographic, revenue, and education estimating conferences pursuant to Section 216.136, Florida Statutes, where available, as modified by the School Board based on development data and agreement with the local governments and the Office of Educational Facilities and SMART Schools Clearinghouse. The School Board may request adjustment to the estimating conferences' projections to reflect actual enrollment and development trends. In formulating such a request, the School Board will coordinate with the Cities and County regarding development trends and future population projections. 2.3 The School Board, working with the County and Cities via the staff working group, will use the information described in subsection 3.4 and any other relevant information provided as part of the requirements of this Interlocal Agreement, to allocate projected student enrollment by Minor Statistical Areas. The allocation of projected student enrollment will be determined at the first staff meeting described in subsection 1.1. Page 3 of 19 Section 3. Coordinatinq and Sharin,q of Information 3.1 Tentative District Educational Facilities Plan: By June 30th of each year, the School Board shall submit to the County and each City the tentative district educational facilities plan prior to adoption by the Board. The plan will be consistent with the requirements of Section 1013.35, Florida Statutes, and include projected student populations geographically, an inventory of existing school facilities, projections of facility space needs, information on relocatables, general locations of new schools for the 5-, 10-, and 20-year time periods, and options to reduce the need for additional permanent student stations. The plan will also include a financially feasible district facilities work program for a 5-year period. The Cities and County shall review and evaluate the plan and comment to the School Board within 60 days on the consistency of the plan with the local comprehensive plan, including its compatibility with the comprehensive plan's future land use map series, and whether a comprehensive plan amendment will be necessary for any proposed .educational facility. 3.2 Educational Plant Survey: The School Board will remain responsible for reporting and submission of updates. The Educational Plant Survey shall be consistent with the requirements of Section 1013.31, Florida Statutes, and include at least an inventory of existing educational facilities, recommendations for new and existing facilities, and the general location of each in coordination with existing land use plans. The staff working group, in accordance with the procedure outlined in Section 3.5, will evaluate and make recommendations regarding the location and need for new, significant renovation or expansion, closures of educational facilities, and the consistency of such plans with the local government comprehensive plans and relevant issues including, but not limited to, those listed in subsections 4.3, 7.6, 7.7 and 8.1 of this agreement. 3.3 The County and the School Board shall annually review the Educational Facilities Impact Fee Ordinance, its formula, and the Educational Facilities Impact Fee Methodology and Technical Report, and if appropriate, make recommendations for revisions to the Board of County Commissioners. Among the goals of this annual review will be the adjustment of impact fee structure to ensure the full eligible capital costs, as allowed by the governing ordinances, associated with development of public school capacity is included. In reviewing the Educational Facilities Impact Fee Ordinance (EFIFO) the County and School Board shall employ their best efforts to evaluate a more equitable distribution of impact fee assessments, including redistricting to create east/west alignments of benefit districts throughout the County. Such benefit districts should combine urban infiil and emerging development areas within the County. 3.4 Growth and Development Trends: By January 31st of each year, local governments will provide the School Board with a report on growth and Page 4 of 19 development trends within their jurisdiction, based on the previous calendar year. This report will be in tabular, graphic, and/or textual formats and will include the following: (a) The type, number, and location of residential units, which have received zoning approval or site plan approval; (b) Information regarding adopted future land use map amendments, which may have an impact on school facilities; (c) The County shall report to the School Board the school impact fees collected annually on building permit applications, said report shall include the amount of the fee collected and location of the proposed residential development. The School Board shall report to the County to each City how the impact fee revenue and all other school contributions have been spent within the Benefit District in which it was collected. All data shall include source information for verification and be provided in a format consistent with other capital expenditures; (d) Information, if available, regarding the conversion or redevelopment of non-residential structures into residential units that are likely to generate new students, and conversely information on the number of residential units converted to non-residential uses; and (e) The identification of any development orders issued that contains a requirement for the provision of a public school site as a condition of development approval. 3.5 The staff working group shall provide recommendations on the planning of new facilities, additions or renovations for consideration by School Board staff and the SSPCC in formulating the tentative district educational facilities plan. Likewise, the staff working group shall also provide input and comments, recommendations on the update of the Five-Year Educational Plant Survey and any revisions thereto. Section 4. School Site Selection, Siqnificant Renovations, and Potential School Closures 4.1 The School Board as soon as possible after the Interlocal Agreement is effective as to any party shall amend its rule 6Gx13-2C-1.083, Section ll.D. Membership, to expand the membership of its standing School Site Planning and Construction Committee (SSPCC) by four voting members as follows: "a floating member" designated by the City Manager of the most impacted municipality to which the agenda item relates whenever an agenda item concerns any incorporated area of Miami-Dade County, or if Page 5 of 19 it concerns an unincorporated area, this "floating member" shall be from the geographically nearest municipality most impacted by the agenda item; a representative selected by the Miami-Dade County League of Cities; a Miami-Dade County representative selected by the County Manager or designee;" and "a member of the residential construction industry." For purposes of this Section, a floating member from the most impacted local government shall be defined as the local government jurisdiction in which the proposed project is located, in the event that this rule change is not accomplished as required herein, the School Board shall approach the Cities and County and negotiate an amendment to this Agreement with a mutually acceptable alternative means of coordination on all issues herein allocated to the SSPCC. The SSPCC shall review potential sites for new schools and proposals for significant renovation, the location of relocatables or additions to existing buildings, and potential closure of existing schools, and make recommendations on these and all other issues within its purview under the Rule for consideration by School Board staff. The SSPCC shall also: (a) Host a planning forum on an annual basis or more often as may be needed. For purposes of this forum, the SSPCC shall invite a representative from each of the impacted units of government to participate in the proceedings and to provide input and comments, for consideration by the SSPCC in its deliberations. The forum will review the School Board's acquisition schedule and all other relevant issues addressed in this Agreement and required by statute, and will include appropriate staff members of the School Board, at least one staff member of the County and a representative from each of the affected Cities. Based on information gathered during the review, the SSPCC will submit recommendations to the Superintendent or designee for the upcoming year. (b) Invite a staff representative from each unit of local government affected by an agenda item at any SSPCC meeting throughout the year to attend that meeting. It shall provide a full opportunity for such local government representatives to provide comments, and shall consider those comments in its deliberations. Based on information gathered during the review, the SSPCC will submit recommendations to the Superintendent or designee on these items. For purposes of this Sub Section, an affected local government shall be defined as follows: a. Any jurisdiction within fifteen hundred feet of the property or improvement; and b. Any jurisdiction whose utilities are utilized by the School Board property or improvement. Page 6 of 19 The School Board Superintendent and/or designee shall provide the invitations referenced in this Section 4.1, with at least 30 days advance written notice of such meeting to the person designated as a contact in this Agreement. The Superintendent or designee shall forward the SSPCC recommendations referenced in this Agreement to the School Board so that they may be considered by the Board at the time that it deals with the issues to which the recommendations relate. 4.2 When the need for a new school is identified and funded in the district educational facilities plan, the SSPCC will develop a list of potential sites in the area of need. The list of potential sites for new schools and the list of schools identified and funded in the district educational facilities plan for significant renovation, the location of relocatables, or additions to existing buildings and potential closure and opportunities for collocation will be submitted to the local government with jurisdiction over the use of the land for an informal assessment regarding consistency with the local government comprehensive plan. 4.3 The evaluation of new school sites or significant expansion of student stations at existing schools shall be in accordance with School Board Rule 6Gx13-2C-1.083, as may be amended from time to time and attached hereto as Exhibit "A". Any proposed amendments to this rule, which may impact upon the terms of this Interlocal Agreement, shall be submitted to the affected local units of government prior to submission to the SSPCC and to the School Board. 4.4 Pursuant to Section 1013.33 (11), Florida Statutes, at least 60 days prior to acquiring or leasing property that may be used for a new public educational facility, the School Board shall provide written notice to the local government with jurisdiction over the use of the land. The local government, upon receipt of this notice, shall notify the School Board within 45 days if the proposed new school site is consistent with the land use categories as depicted in the future land use map series, as well as the policies of the local government's comprehensive plan. If the site is not consistent, it shall not be used as a school site until and unless otherwise approved by the local government. This preliminary notice does not constitute the local government's determination of consistency pursuant to section 1013.33 (12), Florida Statutes. Section 5. Supporting Infrastructure 5.1 In conjunction with the preliminary consistency determination described at subsection 4.4 of this agreement, the School Board and affected local governments will jointly determine the need for, and timing of, on-site and off-site improvements necessary to support each new school or the proposed significant renovation of an existing school. Significant renovation shall include construction improvements that result in a greater than five (5) percent increase in student capacity, the location Page 7 of 19 of portables, or additions to existing buildings. The School Board and affected local government will enter into a letter of agreement as to the timing, location, and the party or parties responsible for constructing, operating and maintaining the required on-site and off-site improvements, respectively. This section shall not be construed to require the affected local unit of government to bear any costs of infrastructure improvements related to school improvements. Section 6. Public Education Facilities Site Plan Review 6.1 The School Board and the County will continue to coordinate any and all proposed construction or expansion of public educational facilities, including the general location of new schools in unincorporated Miami-Dade County, with the County's Comprehensive Development Master Plan (CDMP) and local land development regulations in accordance with the review procedures outlined in Miami-Dade County Resolution R-535-92, as adopted on May 5, 1992. 6.2 The School Board will coordinate any and all proposed construction or expansion of public educational facilities, including the location of new schools or relocatables, within any City's jurisdiction with that City's adopted comprehensive plan and land development regulations. This coordination shall be accomplished in accordance with the provisions of Section 1013.33 (12) through (15), Florida Statutes. The affected City shall provide all of their comments to the School Board as expeditiously as feasible, and not later than sixty (60) days after receipt of the complete site plan, and to the extent possible, adjustments to the site plan shall be made to address the stated concerns. Section 7. Local Plannin(~ A~lency, Comprehensive Plan Amendments, Rezonings, and Development Approvals 7.1 Pursuant to Section 163.3174 (1), Florida Statutes, the County and Cities will invite a staff representative appointed by the School Board, as a non-voting member, to attend meetings of their local planning agencies or equivalent agencies that first consider comprehensive plan amendments and rezonings at which comprehensive plan amendments and rezonings are considered that would, if approved, increase residential density. The County and Cities may, at their sole discretion, appoint such School Board representative to the planning agency, and grant voting status to the School Board member. 7.2 The School Board will designate a staff representative to serve in an advisory support capacity on the County's staff development review Page 8 of 19 committee, or equivalent body. In addition, the School Board representative will be invited to participate at the meetings of the Cities' staff development review committees, or equivalent body, as appropriate, when development and redevelopment proposals are proposed that would create an increase in the number of residential units. It shall be the responsibility of School Board staff to review the potential impact of a proposed (re) development based on current Florida Inventory of School Houses (FISH) capacity (both permanent and relocatables) and be prepared to convey this information in writing to the local staff development review committees at least five days prior to the meeting or development review committee review, for their consideration. The School Board shall only be required to provide such review where the proposed (re) development will result in an increase in FISH capacity (permanent and relocatables) in excess of 115%. This figure shall be considered only as a review threshold and shall not be construed to obligate the County or a City to deny a development should the School Board fail to identify options to meet anticipated demand or should the collaborative process described in this Section fail to yield a means to ensure sufficient capacity. A copy of the plans shall.be delivered to the School Board representative at least 15 working days prior to the proposed meeting date, or on the date the agenda is distributed. The School Board's review shall be conducted in accordance with the methods set forth in the procedures manual to be adopted in accordance with the provisions set forth in this Agreement. 7.3 The County and the Cities agree to transmit to the School Board copies of proposed land use applications and development proposals that may affect student enrollment, enrollment projections, or school facilities. This requirement applies to amendments to the comprehensive plan future land use map, rezonings, developments of regional impact, and other major residential or mixed-use development projects with a residential component. 7.4 Within 30 days after receipt of notification by the local government, which notification shall include development plans, the School Board will advise the local government of the school enrollment impacts anticipated to result from the proposed land use application or development proposal and whether sufficient capacity exists or is planned to accommodate the impacts. School capacity will be reported consistent with State Requirements for Educational Facilities, and shall be based on current FISH capacity at impacted schools (including permanent and relocatable satisfactory student stations), as well as any proposed student station additions in the area of impact. The School Board will also include capacity information on approved charter schools that provide relief in the area of impact. 7.5 If sufficient capacity is not available or planned to serve the Page 9 of 19 development at the time of impact, the School Board will determine and specify the options available to it to meet the anticipated student enrollment demand. Alternatively, the School Board, local government, and developer will use their best efforts to collaboratively develop options that aim to provide the capacity to accommodate new students generated from the new residential development. The School Board shall be responsible to review and consider funding options for the incremental increase in the projected number of students which include, but are not limited to, creation of new community development districts pursuant to Chapter 190, Florida Statutes, creation of educational facilities benefit districts as described in Section 1013.355, Florida Statutes, other available broad-based funding mechanisms to fund school capital construction, developer contributions in the form of land donation set asides, monetary contributions, or developer provided facility improvements in lieu of impact fees and other School Board approved measures such as public charter schools, public-private partnerships, or a combination of any of these. In its analysis of need, School Board staff shall also include information on the estimated educational facilities impact fee revenues to be generated by the development, as well as on any other available funding for capital projects specifically intended to mitigate the area of impact. This Section shall not be construed to obligate a City to impose, assess or collect a school impact fee, unless provided by general law. As it relates to the collection of impact fees, this provision shall not be subject to dispute resolution under Section 9 of this Agreement. This Section shall not be construed to obligate a City or County to deny a development should the School Board fail to identify options to meet anticipated demand or should the collaborative process described in this Section fail to yield a means to ensure sufficient capacity. 7.6 In the review and consideration of comprehensive plan amendments, rezonings, and development proposals, and their respective potential school impacts, the County and Cities should consider the following issues: a. School Board comments, which may include available school capacity or planned improvements to increase school capacity, including School Board approved charter schools and operational constraints (e.g., establishment of or modifications to attendance boundaries and controlled choice zones), if any, that may impact school capacity within an area, including public-private partnerships; b. The provision of school sites and facilities within planned neighborhoods; Page 10 of 19 c. Compatibility of land uses adjacent to existing schools and reserved or proposed school sites; d. The potential for collocation of parks, recreation and neighborhood facilities with school sites; e. The potential for linkage of schools, parks, libraries and other public facilities with bikeways, trails, and sidewalks for safe access; f. Traffic circulation plans that serve schools and the surrounding neighborhood, including off-site signalization, signage, and access improvements; g. The general location of public schools proposed in the five-year work plan as well as other available information over a ten and 20-year time frame. 7.7 In formulating community development plans and programs, the County and Cities should consider the following issues: a. Giving priority to scheduling capital improvements that are coordinated with and meet the capital needs identified in the School Board District Educational Facilities Plan; b. Providing incentives that promote collaborative efforts between the School Board and the private sector to develop adequate school facilities in residential developments; c. Targeting community development improvements in older and distressed neighborhoods near existing or proposed School Board owned and operated public schools and School Board approved charter schools; and d. Coordination with neighboring jurisdictions to address public school issues of mutual concern. e. Approval and funding of community development benefit districts (CDD'S) and other available funding mechanisms created by state law. Section 8. Collocation and Shared Use 8.1 Collocation and shared use of facilities are important to both the School Board and local governments. The School Board and Cities and County will work together, via the staff working group and the SSPCC, to look for opportunities to collocate and share use of school facilities and civic facilities when preparing the District Educational Facilities Plan. Likewise, collocation and shared use opportunities will be considered by the local governments when preparing the annual update to the Page 11 of 19 comprehensive plan's schedule of capital improvements and when planning and designing new, or renovating existing, community facilities. For example, potential opportunities for collocation and shared use with public schools will be considered where compatible for existing or planned libraries, parks, recreation facilities, community centers, auditoriums, learning centers, museums, performing arts centers, and stadiums. In addition, the potential for collocation and shared use of school and governmental facilities for joint use by the community will also be considered. 8.2 A separate agreement or an amendment to a master agreement between the School Board and the appropriate local government will be developed for each instance of collocation and shared use, which addresses legal liability, operating and maintenance costs, scheduling of use, and facility supervision or any other issues that may arise from collocation and shared use. Section 9. Resolution of Disputes 9.1 If the parties to this agreement are unable to resolve any issue in which they may be in disagreement covered in this agreement, the applicable parties to the dispute will employ dispute resolution procedures pursuant to Chapter 164 or Chapter 186, Florida Statutes, as amended from time to time, or any other mutually acceptable means of alternative dispute resolution. Each party shall bear their own attorney's fees. Section 10. Oversight Process 10.1 The School Board shall appoint up to nine (9) citizen members, the County and the Miami-Dade County League of Cities shall each appoint up to five (5) citizen members to serve on a committee to monitor implementation of the interlocal agreement. The School Board shall organize and staff the meetings of this Committee, calling on the staff working group for assistance as needed. It shall provide thirty (30) days written notice of any meeting to the members of the Committee, the staff working group, the SSPCC, County, Cities and to the public. Committee members shall be invited by the School Board to attend all meetings referenced in Sections 1 and 4 and shall receive copies of all reports and documents produced pursuant to this interlocal agreement. The Committee shall appoint a chairperson, meet at least annually, and report to participating local governments, the School Board and the general public on the effectiveness with which the interlocal agreement is being implemented. Meetings of the Committee shall be conducted as public meetings, and provide opportunities for public participation. Section 11. Effective Date and Term This Agreement shall become effective upon the signatures of the School Board and County, and shall remain in full force and effect for a period of Page 12 of 19 five (5) years from the effective date. The execution of the Agreement by each City shall make it effective as to that City. The failure of any party to execute the Agreement by March 1, 2003 may subject that party to penalties as provided by statute. This Agreement may be earlier cancelled by mutual agreement of individual Cities or County and the School Board, unless otherwise cancelled as provided or allowed by law. This Agreement may be extended upon the mutual consent of the parties to this Agreement for an additional five (5) years, on the same terms and conditions as provided herein, provided that the party seeking an extension gives written notice to the other parties of such intent to extend no later than one (1) year prior to the expiration of the then current term, and the other parties agree in writing to such extension. Extensions shall be valid as to those parties consenting in writing thereto, even if not all parties hereto so consent. Section 12. Severability If any item or provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall not be affected and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. Section 13. Notice and General Conditions Ao All notices which may be given pursuant to this Agreement, except notices for meetings provided for elsewhere in this Agreement, shall be in writing and shall be delivered by personal service or by certified mail return receipt requested addressed to the parties at their respective addresses indicated below or as the same may be changed in writing from time to time. Such notice shall be deemed given on the day on which personally served, or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 Phone: (305) 446-8910 Fax: (305) 466-8919 Town Manager Town of Bay Harbor Islands 9665 Bay Harbor Terrace Bay Harbor Islands, Florida 33154 Page 13 of 19 City Manager City of Coral Gables P.O. Box 141549 Coral Gables, Florida 33114-1549 Mayor Village of El Portal 500 N.E. 87 Street El Portal, Florida 33138-3517 Mayor City of Florida City P.O. Box 343570 Florida City, Florida 33034-0570 Mayor City of Hialeah P.O. Box 110040 Hialeah, Florida 33011-0040 Chief Zoning Officer City of Hialeah Gardens 10001 N.W. 87 Avenue Hialeah, Gardens, Florida 33016 City Manager City of Homestead 790 North Homestead Boulevard Homestead, Florida 33030 Village Manager Village of Indian Creek 9080 Bay Drive Indian Creek Village, Florida 33154 Village Manager Village of Key Biscayne 85 West Mclntyre Street Key Biscayne, Florida 33149 City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 Page 14 of 19 City Manager City of Miami Beach City Hall 1700 Convention Center Drive Miami Beach, Florida 33139 Town Manager Town of Miami Lakes 6853 Main Street Miami Lakes, Florida 33014 Village Manager Village of Miami Shores 10050 N.E. Second Avenue Miami Shores, Florida 33138 City of Miami Springs 201 Westward Drive Miami Springs, Florida 33166-5259 City Manager City of North Bay Village 7903 East Drive North Bay Village, Florida 33141 City Manager City of North Miami 776 N.E. 125 Street North Miami, Florida 33161 City Manager City of North Miami Beach 17011 N.E. 19 Avenue North Miami Beach, Florida 33162 Director of Community Development and Planning City of Opa-Locka 777 Sharazad Boulevard Opa-Locka, Florida 33054 Village Attorney The Village of Palmetto Bay 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Page 15 of 19 Planning Director Village of Pinecrest 11551 S. Dixie Highway Pinecrest, Florida 33156 City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Deputy City Attorney City of Sunny Isles Beach 17070 Collins Avenue Sunny Isles Beach, Florida 33160 Mayor City of Sweetwater 500 S.W. 109 Avenue Sweetwater, Florida 33174-1398 City Manager City of West Miami 901 S.W. 62 Avenue West Miami, Florida 33144 Miami-Dade County Director Department of Planning & Zoning 111 N.W. First Street Miami, Florida 33128 Superintendent The School Board of Miami-Dade County, Florida 1450 N. E. 2 Avenue, Room 912 Miami, Florida 33132 B. Title and Paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. Section 14. Merger Clause This Interlocal Agreement together with the Exhibits hereto sets forth the entire agreement between the parties and there are no promises or understandings other than those stated therein. It is further agreed that no modification, amendment or alteration of this Agreement shall be effective unless contained in Page 16 of 19 a written document executed with the same formality and of equal dignity herein. The Exhibits to this Agreement will be deemed to be incorporated by reference as though set forth in full herein. In the event of a conflict or inconsistency between this Agreement and the provisions in the incorporated Exhibits then this Agreement will prevail. Any amendment to this Agreement requested by a local legislative body of the County or a participating municipality will be placed on a School Board Agenda for consideration within sixty (60) days of the School Board's receipt of such request. Likewise, any amendments to this Agreement requested by the School Board will be placed on the agenda of the local legislative body of the County and participating municipalities for consideration, within sixty (60) days of receipt of the request. Section 15. Counterparts Clause This Interlocal Agreement may be executed in counterparts and facsimiles shall constitute best evidence for all purposes. Section 16. SupplementaryA.qreements All parties to this Interlocal Agreement stipulate that the School Board may enter into Supplementary Agreements with individual municipalities to address individual circumstances. Any such Supplementary Agreement shall be consistent with the statutes governing this Interlocal Agreement. Section 17. Favored Nations Should the School Board enter into an agreement with another municipality, separate or otherwise, which provides more beneficial terms than those agreed to herein, the School Board shall offer the same terms to all other parties to this Interlocal Agreement. Page 17 of 19 IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and on behalf of Miami-Dade County, the Cities of City of Aventura, Town of Bay Harbor Islands, City of Coral Gables, Village of El Portal, City of Florida City, City of Hialeah, City of Hialeah Gardens, City of Homestead, Village of Indian Creek, Village of Key Biscayne, City of Miami, City of Miami Beach, Town of Miami Lakes, Village of Miami Shores, City of Miami Springs, City of North Bay Village, City of North Miami, City of North Miami Beach, City of Opa-Locka, Village of Palmetto Bay, Village of Pinecrest, City of South Miami, City of Sunny Isles Beach, City of Sweetwater, and the City of West Miami, and the School Board of Miami-Dade County, Florida, on this day of ,2003. The School Board of Miami Dade County, Florida Attest: //~ ~ //~1i~,¢1N. Krop(print) By: D~. Michae~ M. Kroy, Ch~ Attest: ~, .fflerre'll'~. S~rl~;~ (print) By: /' ~' Merrett R. Stierheim, Secretary Page 18 of 19 Intedocal Agreement for Public School Facility Planning in Miami-Dade County Execution is approve~ by Resolution ,~'~"-.~ -~ ~'/~? BEACH ATTEST: C~T'Y CLERK 'l APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Cl')'Y ~I'I~ORNEY ~- DATED F:\atto\HELGV~,greements\School Board\Signature page for Interlocal Agreement.doc · ? EXHIBIT "A" 6Gx13- 2C-1.083 Administrative Operations EDUCATIONAL FACILITIES PLANNING, ACQUISITION, AND CONSTRUCTION SITE SELECTION AND I. Intent --The intent of the School Board is: To establish a broad-based, external educational facilities committee, to be called School Site Planning and Construction (SSPC) Committee, to advise the School Board on the implementation of the District's adopted five-year work program, and to make independent recommendations to the School Board and the Superintendent of Schools, which promote internal accountability and facilitate efficient and effective delivery of public educational facilities throughout Miami-Dade County. To establish an internal, interdisciplinary staff committee, to be called Technical Review (TR) Committee to provide staff coordination, accountability and oversight of the formulation and implementation of the District's adopted five-year work program. To establish policies, procedures and assign responsibilities for the planning, site selection and acquisition and construction of educational facilities that will provide for public educational plant needs throughout Miami-Dade County in accordance with School Board policy and State law as set forth in Chapter 235, Florida Statutes (F.S.). To ensure that all priority educational facility projects are included in the District's adopted five-year work program as provided in Section 235.185(3), F.S. and that any changes to the adopted five-year woCk program are supported by identified needs and priorities and approved by the School Board. To integrate the District's planning, site selection and acquisition and construction functions so that educational facilities are available on a timely and cost- effective basis in accordance with the District's adopted five-year work program. Page 1 of 15 6Gx13- 2C-1.083 II. To establish policies and procedures for land acquisition in accordance with Chapter 235, Florida Statutes. To establish effective procedures for obtaining appraisals pursuant to Section 235.054, Florida Statutes, and for reviewing said appraisals. To establish procedures and assign responsibilities to provide full information to the School Board on all recommended land purchases including the estimated cost of any work that must be performed on an unimproved site to make it usable for the desired purpose, appraisals of market value obtained in connection with the proposed acquisition, and anyother material information. School Site Planninq and Construction Committee Establishment o- The School Board shall establish as a standing, external committee, an educational facilities committee, to be called the School Site Planning and Construction (SSPC) Committee, which shall include parents, business community representatives, construction, appraisal and real estate professionals and other community stakeholders, which shall serve in an advisory capacity and report directly to the School Board. Purpose -- The purpose of the SSPC Committee shall be as follows: To advise the School Board on the formulation, priorities and implementation of the District's adopted five-year work program for e.ducational plants and other related matters; To make recommendations to the School Board on site acquisitions, including alternativeS, if any and, To make independent recommendations to the School Board and to the Superintendent of Schools which promote internal accountability Page 2 of 15 CJ 6Gx13- 2C-1.083 and facilitate more efficient and effective delivery by the District of public educational facilities throughout Miami-Dade County. Responsibilities -- The responsibilities of the SSPC Committee shall be as follows: Provide input, priorities and monitor the formulation, amendment and implementation of the District's five-year work program and other long-range plans as prescribed by Section 235.185, F.S.; Provide input and monitor educational plant survey as Section 235.15, F.S.; the District's ~rescribed by Provide input, monitor and make recommendations including priorities, to the School Board on the District's annual capital outlay budget, as prescribed by Section 235.18, F.S.; Provide input, monitor and make recommendations to the School Board on the District's site facilities planning, site selection and acquisition, and construction programs and alternatives, to ensure they are cost-effective and timely; o Review and transmit reports to the School Board, which provide recommendation(s) on site acquisitions, and contain all relevant site analysis and supporting documentation for the School Board's review and final action; Review quarterly and forward to the School Board, status reports on site selection and acquisition activities; Evaluate annually and provide to the School Board a year-end report on the progress of site acquisition activities and facility planning and construction programs, and where appropriate Page 3 of 15 6Gx13- 2C-1.083 Do Ee provide recommendations for improved accountability, efficiency and cost-effectiveness; To review and make recommendations regarding the award or rejection of construction bids which exceed the project budget by 5% or more and by at least $250,000; Provide such other advice or input as may become necessary to ensure compliance with applicable state statutes and the adopted five- year work program, and respond in writing to requests from the School Board or the Superintendent of Schools. Membership -- The SSPC Committee shall be composed of the following voting members: A business community representative appointed by the Board of Trustees of the Greater Miami Chamber of Commerce; The president of the Dade County PTA/PTSA, br designee; The chair of the Bi-Racial, Tri-Ethnic Advisory Committee or designee; The chair of the Attendance Boundary Committee, or designee; A real estate appraiser appointed by the Florida Real Estate Appraisal Board; A real estate expert appointed on alternate years by the Realtor Association of Greate¢ Miami and the Beaches, Commercial Section, and by the Realtor Association of Miami-Dade County; A registered surveyor, architect or engineer appointed by the Chair of the School Board. Operation --The SSPC Committee shall operate as follows: Page 4 of 15 o 6Gx13- 2C-1.083 Term of appointments and special conditions: The term for each appointee shall be one year. Prior to the expiration of each appointment, the respective appointing entity shall be requested to make an appointment or reappointment; Quorum and Committee Chair: A quorum shall consist of five members of the membership. The SSPC Committee shall elect a Chair and Vice- Chair every year; Meetinqs: Meetings shall be held regularly on a monthly basis, unless there is no business to be conducted. Meetings shall be conducted as prescribed in Section 286.011, F.S., and shall be advertised at least five working days prior to the regularly scheduled meeting date. A notice of the meeting shall be posted at the Citizen Information Center. The meetings shall be recorded and summary minutes distributed with the subsequent meeting's agenda packet; Staff Support: The Administrative Director, Facilities Planning, and the Executive Director, Facilities Planning, shall provide primary staff support to the SSPC Committee, including preparation of agenda packets and meeting minutes, analytical reports and supporting documentation. The Office of the School Board Attorney shall provide legal support to the SSPC Committee. The SSPC Committee may from time to time, as required, request support from other District personnel; Code of Ethics: The SSPC Committee is an advisory body to the School Board. )Ns such, as provided by F.S. 112.313(1 ), the members ofthe SSPC Committee are subject to the provisions of the Code of Ethics for Public Officers and Employees, set forth in Chapter 112, Part III of the Florida Statutes. Lobbyists: Any and all lobbyists, as defined in School Board Rule 6Gx13- 8C-1.21, present at Page 5 of 15 6Gx13- 2C-1.083 III. an SSPC Committee meeting, who wish to speak on an item being considered by the SSPC Committee, shall first execute and file the required form with the School Board Clerk's Office. A copy of the executed form shall be made part of the official record for the SSPC Committee meeting at which the lobbyists are present, and shall be attached to the minutes of the meeting. Lobbyinq: In the event that a SSPC Committee member is contacted directly by a lobbyist in connection with any matter that may foreseeably come before the Committee for action, the Committee member shall orally disclose such contact at the meeting in which the matter is up for consideration, and file a memorandum of voting conflict, if applicable, as may be required by in the State Code of Ethics for Public Officers and Employees. Technical Review Committee Ao Establishment -- The School Board shall establish the Technical Review (TR) Committee, which shall be comprised of District staff members and which shall serve in an advisory capacity and report directly to the Superintendent of Schools. Bo Purpose -- The purpose of the TR Committee shall be to provide staff coordination, accountability and oversight of the formulation and implementation of the District's adopted five-year work program. Responsibilities -- The responsibilities of the TR Committee shall be as follows: To formulate and recommend to the Superintendent of Schools and to the SSPC Committee a tentative District facilities five-year work program, as provided in Section 235.185(2), F.S'.; To review and provide oversight of the annual capital outlay budget report, to include: Page 6 of 15 6Gx13- 2C-1.083 expenditures, encumbrances and balances by fund, and a mid-year budget evaluation of project status of all funded and unfunded projects, against the approved budget and the undistributed capital contingency, for possible recommendation for Board action to amend the budget and five-year work program; To review the District's educational plant survey prepared and submitted by Facilities Planning and Construction, as prescribed in Section 235.15, F.S., and transmit same to the SSPC Committee for review and a recommendation to the School Board; To submit annually to the SSPC Committee a progress report on the District's facilities planning and construction programs; To expeditiously review and recommend to the Superintendent of Schools and the SSPC Committee on any construction change orders, which exceed the total appropriation for the particular project; To expeditiously review and recommend to the Superintendent of Schools and to the School Board on construction change orders if funds are available in project contingency, except that change orders of less than $50,000 may be approved administratively by the Superintendent or his designee and subsequently confirmed by the TR Committee; To review and recommend to the Superintendent of Schools the award or rejection of cdnstruction bids, which exceed the project budget by 5%; To review and recommend to the Superintendent of Schools, based upon recommended awards of construction bids, amendments to the affected project budget. Project budgets should be reduced when construction awards are less than the amount budgeted or increased when the construction award is more than the amount page 7 of 15 6Gx13- 2C-1.083 budgeted. The source or destination of such budget amendments should be undistributed contingency in each affected fund; o To review administrative procedures and perform other functions as assigned by the Superintendent of Schools. Membership -- The TR Committee shall be comprised of the following voting members, or their designees: Chief Business Officer - Chair; Administrative Director, Facilities Planning; Administrative Director, Facilities Operations and Legislative Support; Chief Financial Officer; Administrative Director - Maintenance; Associate Superintendent of School OperationS; Eo Associate Superintendent- Education. Operation -- A quorum of the :I-R Committee shall consist of a majority. Meetings shall be held as called by the Chair. Minutes shall be kept of all meetings and upon approval by the TR Committee a copy shall be distributed to the Superintendent of Schools and to the School Board. IV. Site Selection Use of District's Adopted Five-Year Work Program. -- Only those sites for projects included within the District's adopted five-year, ten-year and twenty-year work program shall be investigated and evaluated for potential purchase by the School Board. Criteria -- Criteria for evaluating and selecting sites for locating educational facilities shall include or address the following elements: Page 8 of 15 1. 2. 3. o o 10. 11. 6Gx13- 2C-1.083 Size and shape of site; Expansion capacity of site; Whether the site is adequate to relieve overcrowding in existing schools; Whether there are pending or approved charter school applications which would impact the proposed educational facility or the site search; Whether the site is reserved in a recorded subdivision, or set aside for donation or purchase by the School Board as a result of Developmental Impact Committee (DIC) or Development of Regional Impact (DRI) approvals; Location of site in relation to both the intended service area, as well as major traffic arteries and accessibility to school buses and private vehicles for student drop-off and pickup; Site location should seek to the extent practicable to promote diverse school enrollments, reflecting the broad mix of cultures, experiences and ideas to be found in the community, through the consideration of various factors, including but not limited to the socioeconomic circumstances, unique language needs and abilities, race and ethnicity of the students to be served; Location of site and potential impact on the attendance boundaries of surrounding schools; Occupancy of the site, specifically whether any residents will require relocation; Location of site in relation to existing or planned public recreation sites, which might make possible the joint use of facilities; Whether there are any existing or anticipated land uses in the area, which could adversely Page 9 of 15 12. 13. 14. 15. 16. 17. 6Gx13- 2C-1.083 affect the site due to traffic generation, noise, odor, safety or other factors; Whether there are any major street improvements or expressways planned in the vicinity, which could affect the site or the intended service area; Whether there are adequate traffic control devices and sufficient road capacity for the intended use of the site; 18. Whether site access requires crossing a canal, railroad, major street or other physical barrier or hazard; Whether there are any archeological or historical designations or any biological, zoning or environmental problems (e.g., incinerators, active or inactive dump sites, toxic soil, underground storage tanks) on the properly that could adversely impact the timely use of the property for the intended purpose; The extent of site development work that must be done on an unimproved site in order to make it usable for the intended purpose; The conditionoftitletothe site or any known title defects; The compatibility or incompatibility of present and projected uses of adjacent properties with the intended use. Site Selection Procedures -- The Chief Busir~ess Officer or his/her designee shall ensure that thorough site selection procedures are followed, including the following seven-step due process, as described below. The Chief Business Officer shall have the option to secure the services of a third party or parties, under contract with the District, to identify sites and/or negotiate conditional agreements for purchase and sale of real property on behalf of the School Board, as may be deemed appropriate. Page 10 of 15 6Gx13- 2C-1.083 o Identify through the appropriate school district regions, the general search boundaries for the proposed educational facility, any relevant educational, recreational, and community requirements that may be applicable, minimum required site size, and the educational facilities to be relieved; Inventory available sites that meet the search parameters, including School Board-owned sites, properties designated for donation to the School Board, properties set aside by developers or property owners for purchase, as approved by the School Board, and properties owned by public entities which may be available under cooperative partnerships; Conduct preliminary due diligence and with input from School Operations and Transportation staff, identify the sites most suitable for the intended purpose; Submit to the SSPC Committee the record of ~ll suitable sites for direction. Pursuant to this direction, authorize the Superintedent, his designee, or the third party, to execute conditional purchase and sale agreements based on a not to exceed purchase price, to be determined by the SSPC Committee based on a restricted use appraisal report generated by District authorized licensed appraiser. This hall be subject to additional due diligence, to include environmental assessments, site preparation and development costs, appraisals and any other reviews deemed necessary. As part of the conditional agreements, a fully ?efundable deposit notto exceed 10% of the purchase price, may be deposited in escrow with the School Board Attorney, as earnest money; Present the results of negotiations for the selected sites to the SSPC Committee for final ranking if necessary, including any adjustments of the not to exceed price and a Page 11 of 15 Vo 6Gx13- 2C-1.083 recommendation to the School Board for approval of the negotiated agreements. The SSPC Committee shall also consider the need for eminent domain where negotiations prove unsuccessful; Submit recommendation to the School Board for approval of a purchase and sale agreement, or upon a recommendation by the SSPC Committee to authorize eminent domain proceedings; Upon review of the sites and recommended ranking, the School Board shall accept the sites as ranked or re-rank them and authorize acquisition. If none of the sites are acceptable, the School Board shall reject them. A. Criteria for Acquisition of Sites for School Facilities 1. Overall suitability of a site for the intended purpose; 2. Total estimated costs to place a site in use for the intended purpose, including acquisition cost and cost of necessary site improvements; and The reasonableness of the total cost to acquire and place a site into use, as compared to other sites or options. Criteria for Determininq Reasonableness of Costs of Site Acquisition and Improvements The foundation, or starting point, for determining what is a reasonable price for the School Board to pay for the acquisition of land is an appraisal(s) of market value of sites as provided in Section 235.054(1)(b), F.S.; Adjustment downward or upward of the appraised market value of a site based upon the Page 12 of 15 6Gx13- 2C-1.083 following: ao Total costs, other than the cost of acquisition, to place the site in use; Availability of alternative, suitable sites for the project; C° Both the general real estate market conditions and the specific real estate market conditions in the geographic area of the project; and Any other identified factors which may impact the reasonableness of site acquisition costs, including but not limited to the total estimated costs ofthe eminent domain process to acquire the site as provided by Sections 73.091 and 73.092, F.S., and for the District's costs for attorneys' fees and other expenses of the eminent domain. Appraisal Procurement and Review Process -- The Chief Business Officer or his/her designee shall ensure the following is provided: Initiating, overseeing and documenting the procurement of professional appraisals of market value of the sites determined by the School Site Planning and Construction Committee to be suitable for projects in the District's adopted five- year work program or long-range plan, as required by Section 235.054(1)(b), F.S.; Where two appraisals are required u~der state law, request in writing a formal professional review appraisal from an appraiser selected in accordance with Section 253.025(6)(b), F.S. The reviewing appraiser's certification of the recommended or approved value of the property shall be set forth in a signed statement which identifies the specific appraisal reports reviewed and explains the basis for such recommendation Page 13 of 15 6Gxl 3- 2C-1.083 or approval. Neqotiations and Authorization for the Voluntary Purchase and Sale of Sites -- The Chief Business Officer or his/her designee shall ensure of the following: Conducting negotiations within the authorization granted by the SSPC Committee for the voluntary purchase and sale of sites suitable for projects included within the District's adopted five-year work program or tong-range plan and maintaining a written record of all such negotiations; Reporting to the SSPC Committee the results of such negotiations for further input as may be needed; Preparing for presentation to the School Board an item with full information for the voluntary purchase and sale of a school site as contained in the site list as ranked by the SSP.C Committee, suitable for the projects included within the District's adopted five-year work program or long-range plan within the price parameters established by the SSPC Committee, based upon the criteria for "reasonableness" of cost of site acquisition and improvements established herein; Ensuring that where the agreed to purchase price exceeds the appraised value where only one appraisal is required by state law, or the reviewed appraised value in all other instances, and the School Board finds that the agreed price is reasonable under the criteria established herein, said purchase is approved by an extraordinary vote. Extraordinary vote, for purposes of this section, means a majority vSte plus one additional vote of the members of the School Board present at the meeting where such action is taken. Page 14 of 15 Eo 6Gxt3- .2C-1.083 Acquisition by Eminent Domain In the event that negotiations for voluntary sale of a site for a reasonable price are unsuccessful, then the SSPC Committee shall formulate and forward to the School Board an item recommending the commencement of eminent domain proceedings as authorized by Section 235.05, F.S. The item recommending the commencement of eminent domain proceedings shall include the full record of the site selection and investigation process; Upon School Board approval, eminent domain proceedings shall be initiated as provided for in Section 73.015, F.S. Specific Authority: 230.22(2); 230.23(22) F.S. Law Implemented, Interpreted, or Made Specific: 73.015; 112.314,3; 235.05; 255.054(1)(a)(b); 235.054(6); 235.15; 235.18; 235.185(2)(3); 235.19; 235.193; 253.025(6)(b), 286.011, F.S. History THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FEORIDA New: 12-12-01 Amended: 4-17-02; 6-19-02; 9-12-02 Page 15 of 15