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Res. No. 029-03-11578RESOLUTION NO.29-03-11 578 A RESOLUTION OF THE MAYOR &CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,ENTERING INTO AN INTERLOCAL AGREEMENT ON PUBLIC SCHOOL FACILITY PLANNING IN MIAMI-DADE COUNTY;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the County,Cities andthe School Board recognize their mutual obligation and responsibility fortheeducation,nurturingandgeneral well-being of the children within their respective communities;and, WHEREAS,the County,Cities,and School Board recognize the benefits that will flow tothe citizens and students of their communities by more closely coordinating their comprehensive landuseand school facilitiesplanningprograms:namely (1)better coordination of new schoolsin time andplace with land development,(2)greater efficiency fortheschoolboard andlocal governments by placing schools totake advantage of existing and planned roads, water,sewer,andparks,(3)improved student accessand safety by coordinating the construction of new and expanded schools with theroadand sidewalk construction programs of thelocal governments,(4)better defined urbanform by locating and designing schools to serveas community focalpoints,(5)greater efficiency and convenience by co-locating schools with parks,ballfields,libraries,andother community facilitiestotakeadvantage of joint useopportunities,(6)reduction of pressures contributingtourbansprawlandsupport of existing neighborhoods by appropriatelylocating new schools and expanding and renovating existing schools,and(7)improvingthequality of educationin existing,renovated and proposed schools;and, WHEREAS,Section 1013.33,FloridaStatutes,requiresthatthelocation of publiceducational facilities must be consistent with the comprehensive planand implementing land development regulations of theappropriatelocal governing body;and, WHEREAS,Sections 163.3177(6)(h)1and2,FloridaStatutes,requireeachlocal government to adoptan intergovernmental coordination elementas part of theircomprehensiveplanthat statesprinciplesandguidelinestobeusedintheaccomplishment of coordination of the adoptedcomprehensiveplanwiththe plans of theschool boards,anddescribesthe processes for collaborative planningand decision-making on population projectionsandpublicschool siting;and, WHEREAS,Sections163.31777and1013.33,Florida Statutes,furtherrequireeach county and thenon-exemptmunicipalitieswithinthatcountytoenterintoan interlocal agreementwith thedistrictschoolboardtoestablishjointlythespecificwaysinwhichtheplansand processes ofthe district school board andthe local governments are tobe coordinated;and, Page1 of2 Res.No.29-03-1157. WHEREAS,By entering intothisagreementtheSchoolBoard,County,andtheCitiesare fulfillingtheirstatutoryobligationsandrequirementsrecognizingthebenefitsthatwill accrue to their citizens and students described above; NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1:ThattheCity of SouthMiamiherebyentersintothe attached "Interlocal Agreement for PublicSchool Facility Planning in Miami-Dade County". Section 2.This resolution shallbe effective immediately afterthe adoption hereof. PASSED AND ADOPTED this 18,day of Febru,^W3 ATTEST: /ft*fa£u2& CITY CLERK READ AND APPROVED AS TO FORM: APPROVED: /Kt.A MAYOR Page2 of2 Commission Ntote:/4-0 Mayor Feliu V-Z Yea Vice Mayor Russell Yea Commissioner Bethel:Yea Commissioner Wiscombe:Yea Commissioner McCrea:out of room South Miami AD-AmeriDaGtt? Mill' 2001 Excellence,Integrity,Inclusion To:Honorable Mayor,Vice Mayor & City Commission From:Sanford A.Youkilis Acting City Manager Re: Date:February 18,2003 Item No.1 ^ Interlocal Agreement Public School Facility Planning REQUEST: A RESOLUTION OF THE MAYOR &CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,ENTERING INTOAN INTERLOCAL AGREEMENT ON PUBLIC SCHOOL FACILITY PLANNING IN MIAMI- DADE COUNTY;AND PROVIDING FORAN EFFECTIVE DATE. BACKGROUND Chapter 163 of the State Statutes was amendment last year as part of the State's Growth Management Initiative.Sections 163.3177(6)(h)1 and 2,Florida Statutes,now require each local government 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 localgovernmentsaretobe coordinated. COMPREHENSIVE PLAN The proposed Interlocal Agreement is in keeping with the Intergovernmental Coordination Element of the City of South Miami's adopted Comprehensive Plan.The following isa portion of the text of our Comprehensive Plan,which spells out our coordination efforts with the School Board. Objective 1.3 The City will identify and establish joint processes with other local agencies for collaborative planning on population projections,school siting,facilities subject to concurrency,facilities with countywide significance,and problematic land uses. Policy 1.3.1 The City will coordinate with the Miami-Dade County Planning Department in order to develop countywide population projections that include expected growth and/or changes;said changes to be shown in the South Miami Comprehensive Plan. InterlocalAgreement PublicSchools Facility Planning February18,2003 Page 2 of3 Policy 1.3.2 The City will advise the Miami-Dade Public School System of population projections used in its Comprehensive Plan asit relates to the future needs for school improvements and school expansions in South Miami. Policy 1.3.3 The City will annually review the Miami-Dade Public School's 5,10,and 15-year facility plans for siting of new schools and the expansion of existing schools within the City's jurisdiction for consistency with the City's Comprehensive Plan.This reviewwillbedoneatthestafflevelandby attendance atpublichearings conducted by theMiami-DadePublicSchoolSystemforspecificsiteplans Policy 1.3.4 The City will notify the School Board of any proposed land use amendments tothe Comprehensive Plan which could impact theBoard's long range facility plans. Policy 1.3.5 By November 2000 the City shall enter into an interlocal agreement or other formal agreement with the Miami-Dade Public School System,as required by Section 163.3177(6)(h)(2). ANALYSIS The attached Interlocal Agreement was drafted based upon the model draft agreement produced by the Florida Department of Community Affairs.It has been modified and tailored for the specific needs of Miami-Dade County by staff of the Miami-Dade County Public Schools, Miami-Dade County Planning Department,South Florida Regional Planning Council,and by representatives of local municipalities in Miami-Dade County,including the Planning &Zoning Director of theCity of SouthMiami. The agreement creates staff working groups to discuss issues and formulate recommendations regarding public education in the School District,and coordination of land use and school facilities planning.Issues would include 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,collocation and joint use opportunities,and other infrastructure improvements needed to support the school and ensure safe student access. The agreement continues the cooperation between the City and School Board,ensuring adequate communications and coordination when dealing wiQi piupused iici planning,and ensuring adequate infrastructure. Pursuant to the recently passed state statute (Section 163.3174 (1)\the City is to invite a staff representative appointed by the School Board,as a non-voting member,to attend meetings of the Planning Board that consider comprehensive plan amendments and rezonings that would,if approved,increase residential density.The City may appoint such School Board representative to the Planning Board,and grant voting status to the School Board member. Interlocal Agreement PublicSchoolsFacilityPlanning February 18,2003 Page3 of3 Resolution of disputes will be through the state mandated disputed resolution mechanisms,and may utilize the services of the South Florida Regional Planning Council.There will bea citizen oversight board set up to monitor the interlocal agreement.In addition to members appointed by the School Board,the Miami-Dade County League of Cities will appoint five citizen members tothe oversight board. All municipalities are required to enter into an Interlocal Agreement with the School Board by March1.2003.Enteringintotheattachedagreementwillfulfillthe Citv's obligationsunder this statute. RECOMMENDATION APPROVAL. Attachments; Resolution ProposedInterlocalAgreement SAY/RGLV^ K:\Comm Items\2003\02-18-03\SchoolBoard Interlocal Agreement-reportdoc INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING IN MIAMI-DADE COUNTY This agreement is entered into between Miami-Dade County,apolitical subdivision of the State ofFlorida (hereinafter referred to as "County"),the Cities ofCityofAventura, Townof Bay Harbor Islands,CityofCoral Gables,Villageof El Portal,CityofFlorida City,Cityof Hialeah,Cityof Hialeah Gardens,Cityof Homestead,VillageofIndian Creek,Village ofKeyBiscayne,Cityof Miami,City of Miami Beach,Townof Miami Lakes,Villageof Miami Shores,Cityof Miami Springs,CityofNorthBay Village,Cityof North Miami,CityofNorth Miami Beach,City ofOpa-Locka,VillageofPalmettoBay, Villageof Pinecrest,Cityof South Miami,Cityof Sunny Isles Beach,Cityof Sweetwater, andtheCityof West Miami (hereinafter collectively referredto as "Cities"),andThe School Board of Miami-Dade County,Florida,apolitical subdivision of the State of Florida,(hereinafter referred to as "School Board"). RECITALS WHEREAS,the County,Citiesandthe School Board recognizetheir mutual obligation and responsibility fortheeducation,nurturing andgeneral well-being ofthe children within their respective communities;and, WHEREAS,theCounty,Cities,and SchoolBoard recognize the benefits that will flow to thecitizensand students oftheir communities bymoreclosely coordinating their comprehensivelanduseandschool facilities planning programs:namely(1)better coordination of new schools in time "and place with land development,(2)greater efficiency fortheschoolboardand local governmentsbyplacingschoolstotake advantageof existing andplannedroads,water,sewer,andparks,(3)improved student access and safety bycoordinatingtheconstructionofnewand expanded schools with theroadand sidewalk construction programs ofthe local governments,(4)better defined urban form by locating and designing schoolstoserveas community focal points,(5)greater efficiency and convenience by co-locating schools with parks,ball fields,libraries,andother community facilities totakeadvantageof joint use opportunities,(6)reduction ofpressures contributing tourbansprawlandsupportof existing neighborhoods by appropriately locating newschoolsand 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 thatthe location of public educational facilities mustbeconsistent with thecomprehensiveplanand implementing land development regulations oftheappropriatelocalgoverningbody;and, Page 1of19 WHEREAS,Sections 163.3177(6)(h)1 and 2,Florida Statutes,require each local government to adopt an intergovernmental coordination element as partoftheir comprehensive plan that states principles and guidelines tobe used inthe accomplishment of coordination of the adopted comprehensive planwith the plans of the school boards,and describes the processes for collaborative planning and decision makingon population projections and public school siting;and, WHEREAS,Sections 163.31777 and 1013.33,Florida Statutes,further require each countyandthe non-exempt municipalities within thatcountyto enter intoan interlocal agreement with thedistrictschoolboardtoestablish jointly thespecificways in which theplansand processes ofthedistrictschoolboardand the local governments areto be coordinated;and, WHEREAS,Byenteringintothis agreement theSchoolBoard,County,andtheCities are fulfilling their statutory obligationsand requirements recognizingthe benefits that will accrue to their citizens and students described above; AGREEMENT NOW THEREFORE,be itmutually agreed between the School Board,the County and the Cities that the following procedures will be followedin coordinating land use and public school facilities planning: Section 1.Joint Meetings 1.1A 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 ona 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,awork program forfive,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 invitedto 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 2of 19 representatives of the County Commission or their designee,the governing body of each Cityortheir 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 withat least 30 days advance written notice of such meeting to the person designated as a contact inthis Agreement. The joint workshop sessions provide opportunities forthe County Commission,the City Commissions or Councils,and the School Board to hear reports,discuss policy,set direction,and reach understandings concerning issues ofmutual concern regardingpublic education,and coordination of land use and school facilities planning,including populationand student growth,development trends,school needs,off- site improvements,school capacity,schoolfunding,options to reduce the need foradditional permanent student stations,andjoint use opportunities. Section 2.Student Enrollment and Population Projections 2.1Infulfillment of their respective planning duties,the County,Cities,and School Board agree to coordinate theirplans upon consistent projections of the amount,type,anddistribution of population growthand student enrollment.Countywide five-year population projections shall be updated at least once every two years by the County.The School Board may enter intoa 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.Coordinating and Sharing of Information 3.1 Tentative District Educational Facilities Plan:ByJune 30th ofeach year,the School Boardshall submit to the County and each Citythe tentative district educational facilitiesplanpriorto 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 planwill also include a financially feasible districtfacilities work program fora 5-year period.The Cities and County shall review and evaluate the plan and comment to the School Board within60 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 planswith the local government comprehensive plans and relevant issues including,but not limitedto, those listedin subsections 4.3,7.6,7.7 and 8.1of this agreement. 3.3 The County andthe School Boardshall annually reviewthe Educational Facilities Impact Fee Ordinance,itsformula,and the EducationalFacilitiesImpactFeeMethodologyand 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 feestructureto ensure the full eligiblecapital costs, asallowedbythegoverningordinances,associated with development of public school capacity isincluded.In reviewing the Educational Facilities ImpactFeeOrdinance (EFIFO)theCountyandSchool Board shallemploy their best effortstoevaluateamoreequitable distribution ofimpactfee assessments,including redistricting to create east/west alignments of benefit districts throughout theCounty.Such benefit districts should combineurban infill andemerging development areas within theCounty. 3.4 Growth and Development Trends:By January 31st ofeach year,local governments will providethe School Boardwithareportongrowthand Page 4 of 19 development trends withintheir 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,andlocation of residential units,which have received zoning approval or site plan approval; (b)Informationregarding adopted futureland use map amendments,which may have an impact on school facilities; (c)The County shallreportto the School Board the school impact fees collected annually onbuilding permit applications,saidreportshallinclude the amount of the fee collected and location of the proposed residential development.The SchoolBoardshallreportto the County to each City how the impact fee revenue and all other school contributions have been spent within the Benefit Districtin which it was collected.All data shall include source information for verification and be provided ina format consistent with other capital expenditures; (d)Information,ifavailable,regarding the conversion or redevelopment of non-residential structures into residential units that arelikelyto 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.Significant 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 itsrule 6Gx13-2C-1.083,Section II.D.Membership,to expand the membership of its standing School Site Planning and Construction Committee (SSPCC)by four voting members as follows:"afloating 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,orif 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,afloating 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 witha 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 forumonan 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 andto provide input and comments,for consideration by the SSPCC inits deliberations.The forumwill 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)Invitea 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 afull opportunity for such local government representatives to provide comments,and shall consider those comments inits 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 utilitiesare 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,withat 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 alist 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 planfor 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 priorto submission to the SSPCC and to the School Board. 4.4 Pursuant to Section 1013.33 (11),Florida Statutes,at least 60 days priorto acquiring or leasing property that may be used fora 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 futureland 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 5.1In 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 ina greater than five(5)percent increase in student capacity,the location Page 7 of 19 of portables,oradditionstoexistingbuildings.The School Boardand affected local government will enterintoaletterof agreement astothe timing,location,andthe party or parties responsible for constructing, operatingand maintaining the required on-siteandoff-siteimprovements, respectively. This section shallnotbe construed torequirethe affected localunitof government tobearany costs of infrastructure improvements relatedto school improvements. Section 6.Public Education Facilities Site Plan Review 6.1 TheSchool Board andtheCounty will continueto coordinate any and all proposed constructionor expansion of public educational facilities,including the general location of new schools in unincorporated Miami-Dade County,with theCounty's Comprehensive Development MasterPlan (CDMP)andlocalland development regulationsin accordance withthereview procedures outlinedin Miami-Dade CountyResolutionR-535-92,asadopted on May 5,1992. 6.2 The School Board will coordinate any and all proposed construction or expansion of public educational facilities,including the locationof new schools or relocatables,within any City's jurisdiction with that City's adopted comprehensive planandland development regulations.This coordinationshallbe accomplished in accordance withtheprovisionsofSection1013.33(12)through(15),Florida Statutes.The affected Cityshall 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 tothe extent possible,adjustments to the siteplanshall be made to address the stated concerns. Section 7.Local Planning Agency.Comprehensive Plan Amendments. Rezonings.and Development Approvals 7.1 Pursuant to Section 163.3174 (1),Florida Statutes,the County and Cities will invitea staff representative appointed by the School Board,as a non-voting member,to attend meetings of theirlocalplanning agencies or equivalent agencies that first consider comprehensive plan amendments and rezonings atwhich 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,andgrant voting status to the School Board member. 7.2 The School Board will designate a staff representative to serve inan 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 beinvitedto participate atthe meetings oftheCities' staff development review committees,or equivalent body,asappropriate, when development and redevelopment proposals are proposed thatwould create an increase in the number of residential units.It shall be the responsibilityof School Board staff toreview the potential impact ofa proposed (re)development basedoncurrent Florida InventoryofSchool Houses (FISH)capacity (both permanentandrelocatables)andbe preparedto convey thisinformationinwritingto the local staff development review committees atleast five days prior tothemeetingor development review committee review,for their consideration.The School Boardshallonlyberequiredto provide suchreview where theproposed (re)development will resultinan increase inFISH capacity (permanent and relocatables)in excess of 115%.Thisfigureshall be considered only asareviewthresholdandshallnotbeconstruedtoobligatetheCountyor aCityto deny a development shouldthe School Board fail toidentify options to meet anticipated demand orshould the collaborative process describedinthis Section fail to yield a means to ensure sufficient capacity. A copy of the plans shalLbe deliveredtothe School Board representative at least 15working days prior tothe proposed meeting date,oronthe date the agenda is distributed.The School Board's review shall be conducted in accordance withthe methods set forthin the procedures manual to be adopted in accordance with the provisions set forthinthis Agreement. 7.3 The County and the Cities agree to transmit to the School Board copies of proposed land use applicationsand development proposals that may affect student enrollment,enrollment projections,or school facilities. This requirement applies to amendments tothe comprehensive planfuture land use map,rezonings,developments ofregionalimpact,andother major residential or mixed-use development projects witha residential component. 7.4Within30 days afterreceiptofnotificationby the local government, which notification shall include development plans,the School Board will advise the local government of the school enrollment impacts anticipated toresultfromthe proposed land use applicationor development proposal and whether sufficient capacity exists oris 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 isnot 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 availabletoitto meet the anticipated student enrollment demand.Alternatively,the School Board,local government, and developer will use their best effortsto collaboratively developoptions thataimtoprovide the capacityto accommodate new students generated from the new residential development.The School Boardshall be responsible to review and consider funding options for the incremental increase in the projected number of students which include,but are not limitedto,creationof 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 tofund school capital construction,developer contributions in the form of land donation set asides,monetary contributions,or developer provided facility improvements inlieu of impact fees and other School Board approved measures such as public charter schools,public-private partnerships,ora combination of any of these.Inits analysis of need,School Board staff shall also includeinformationonthe estimated educational facilities impact fee revenues to be generated bythe development,as well as on any other availablefundingforcapitalprojectsspecifically intended tomitigate the area of impact. This Section shallnotbe construed toobligateaCityto impose,assess or collect a school impact fee,unless provided by general law.As it relates to the collection of impactfees,thisprovisionshallnotbe subject to dispute resolution under Section 9ofthis Agreement. This Section shallnotbeconstruedtoobligateaCityorCountyto deny a development should the School Board fail toidentify options to meet anticipated demandor should the collaborative process described in this Section fail toyielda means to ensure sufficientcapacity. 7.6 In the review andconsiderationof comprehensive plan amendments, rezonings,and development proposals,andtheir respective potential schoolimpacts,theCountyand Cities shouldconsiderthe 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),ifany,thatmayimpactschoolcapacitywithin an area,including public-private partnerships; b.The provisionofschoolsitesand 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 facilitieswith 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 locationofpublic schools proposed in the five-year workplan as well as other available information over a ten and 20-year time frame. 7.7Informulating community development plans and programs,the County and Cities should consider the following issues: a.Givingpriorityto 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 facilitiesin 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 ofmutual concern. e.Approval and fundingofcommunity 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 Boardandlocal governments.The School Board and Citiesand County will work together,viathestaff working groupandthe SSPCC,to lookforopportunitiestocollocateand share use ofschool facilities and civicfacilitieswhenpreparingthe District Educational FacilitiesPlan. Likewise,collocation and shared use opportunities will be considered by thelocalgovernmentswhenpreparingtheannualupdatetothe Page 11of19 comprehensive plan's schedule of capital improvements andwhen planning and designing new,or renovating existing,community facilities. For example,potential opportunities forcollocation and shared use with public schools will beconsideredwhere compatible for existingor planned libraries,parks,recreation facilities,community centers,auditoriums, learning centers,museums,performingarts centers,and stadiums.In addition,the potential for collocation and shared use of school and governmental facilities for joint use bythe community will alsobe considered. 8.2Aseparateagreementoranamendmenttoamasteragreement between theSchoolBoardandthe appropriate local government will be developed for each instance of collocation and shared use,which addresses legal liability,operatingandmaintenancecosts,schedulingof use,and facility supervisionoranyother issues that may arise from collocation and shared use. Section 9.Resolution of Disputes 9.1If the partiestothis agreement areunableto resolve any issue in which they may bein disagreement covered inthis agreement,the applicablepartiestothedispute will employdisputeresolutionprocedures 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.Eachpartyshallbeartheirown attorney's fees. Section 10.Oversight Process 10.1 The School Boardshallappointuptonine(9)citizen members,the County andthe Miami-Dade CountyLeagueofCitiesshall each appoint up tofive(5)citizen members to serve ona committee to monitor implementation of the interlocal agreement.The School Board shall organize and staff the meetings ofthis Committee,callingon the staff workinggroupfor assistance as needed.It shallprovidethirty(30)days written notice of any meeting to the members of the Committee,the staff working group,the SSPCC,County,Citiesandto the public.Committee members shallbeinvitedby the SchoolBoardto attend all meetings referenced in Sections 1and4andshall receive copies of all reportsand documents produced pursuant tothisinterlocal agreement.The Committee shall appoint a chairperson,meet at least annually,andreport toparticipatinglocal governments,the School Board and the general publicon the effectiveness withwhichtheinterlocal agreement isbeing implemented.Meetings of the Committee shall be conducted as public meetings,and provide opportunities forpublic 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 fora period of Page 12 of 19 five(5)years from the effective date.The execution of the Agreement by each Cityshall make it effective astothatCity.The failure of any partyto execute the Agreement by March 1,2003 may subject thatpartyto 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 partiesto 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 priorto the expiration of the then current term, and the other parties agree inwritingto such extension.Extensions shall be valid as to those parties consenting inwriting thereto,even if not all parties hereto so consent. Section 12.Severability If any item or provision of this Agreement is held invalidor 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 A.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 inwriting from time to time.Such notice shall be deemed given on the day on which personally served,orif 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 BayHarbor Islands,Florida 33154 Page 13 of 19 City Manager City of Coral Gables P.O.Box 141549 Coral Gables,Florida 33114-1549 Mayor Villageof El Portal 500 N.E.87 Street El Portal,Florida 33138-3517 Mayor Cityof 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 Cityof Hialeah Gardens 10001 N.W.87 Avenue Hialeah,Gardens,Florida 33016 City Manager Cityof Homestead 790 North Homestead Boulevard Homestead,Florida 33030 Village Manager Villageof Indian Creek 9080 Bay Drive Indian Creek Village,Florida 33154 Village Manager Village ofKey Biscayne 85 West Mclntyre Street Key Biscayne,Florida 33149 City Manager CityofMiami 3500 Pan American Drive Miami,Florida 33133 Page 14of19 City Manager CityofMiami Beach CityHall 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 CityofMiami Springs 201 Westward Drive Miami Springs,Florida 33166-5259 City Manager Cityof North Bay Village 7903 East Drive North Bay Village,Florida 33141 City Manager CityofNorthMiami 776 N.E.125 Street North Miami,Florida 33161 City Manager CityofNorthMiami Beach 17011 N.E.19 Avenue North Miami Beach,Florida 33162 Director of Community Development and Planning Cityof 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.Itis further agreed that no modification, amendment or alteration of this Agreement shall be effective unless contained in Page 16 of 19 awritten document executed with the same formality and of equal dignityherein. The Exhibits to this Agreement will be deemed to be incorporated by reference as though set forthin 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 byalocal legislative body of the County ora participating municipality will be placed ona 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 forall purposes. Section 16.Supplementary Agreements All parties to this Interlocal Agreement stipulate that the School Board may enter into Supplementary Agreements withindividual municipalities to address individual circumstances.Any such Supplementary Agreement shall be consistent with the statutes governing thisInterlocal Agreement. Section 17.Favored Nations Should the School Board enter intoan 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,thisInterlocal Agreement has been executed by and on behalf of Miami-Dade County,the Cities ofCity of Aventura,Town of Bay Harbor Islands,Cityof Coral Gables,Villageof El Portal,Cityof Florida City,Cityof Hialeah, Cityof Hialeah Gardens,Cityof Homestead,Villageof Indian Creek,VillageofKey Biscayne,CityofMiami,CityofMiami Beach,TownofMiami Lakes,VillageofMiami Shores,CityofMiami Springs,CityofNorthBayVillage,CityofNorthMiami,Cityof NorthMiami Beach,Cityof Opa-Locka,Villageof Palmetto Bay,Villageof Pinecrest, Cityof South Miami,Cityof Sunny Isles Beach,Cityof Sweetwater,and the Cityof West Miami,and the School Board of Miami-Dade County,Florida,onthis day of ,2003. The School Board of Miami Dade County,Florida Attest:ParfMtcJ%trc/M'k-£qf>(print) £>r.Michael M.KropAChair £.ST/e£He/rt (print) lerrett R.Stierheim,Secretary Page 18of19 Signature page to be provided by each municipality. Page 19 of 19 Cityof South Miami,Florida ATTEST:APPROVED: Ronetta Taylor,CMC,OTTY CLERK Horace G.Feliu,l^lYOR Page 19 of 19