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Interlocal Agreement Between the County and School Board Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA (1) the cost and manner of financing; (2) the location; (3) the area and student population to be served; (4) other sources of financing to be used; and (5) any other information deemed relevant to the County's determination of the proposed expenditure's compliance with the Ordinance and applicable law. (f) The School Board will, by October 1st of each year, present to the County Administrator a list of all expenditures or encumbrances of Public Education Facilities Impact Fee funds during the previous calendar year. The list will describe the nature of the Public Education Facility upon which funds were expended or encumbered and the amount. (g) The School Board will appoint staff to oversee the School Board's compliance with the terms of the Ordinance and this Agreement, including, as appropriate, participation in conferences with County staff and developers to ensure compliance with the terms of the Ordinance, including credit applications, refunds for failure to expend Public Education Facilities Impact Fee funds within required timeframes, independent fee calculation studies, appeals, and all other provisions of the Ordinance. (h) Within thirty (30) days of receipt of the monthly report submitted by the County, as described in subsection 6(0 of this Agreement, the School Board will reimburse the County for any refunds the County gives an applicant for revoked, expired, or withdrawn building permits, pursuant to the terms of the Ordinance. SECTION 6. RESPONSIBILITIES OF THE COUNTY. (a) The County will maintain all Public Education Facilities Impact Fee funds, including an administrative charge equal to three percent (3%) of the total Impact Fees due for each application, collected by the County or a municipality in a segregated, account, earmarked solely for Public Education Facilities Impact Fees collected pursuant to the Ordinance. (b) The County will review all applications for Public Education Facilities Impact Fee credits, refunds for failure to expend funds within the timeframes set forth in the Ordinance, independent fee calculation studies, exemptions, and appealsand, in accordance with the provisions of the Ordinance, will coordinate with the School Board on any such application. (c) Within thirty (30) days of receiving the five-year facility plan, as described in subsection 5(e) of this Agreement, the County Administrator or his designee will review the expenditures of Public Education Facilities Impact Fee funds proposed by the School Board and will issue an opinion as to whether the proposed expenditures are consistent with the Ordinance and applicable law. If the County Administrator or his designee determines that an expenditure of Public Education Facilities Impact Fee funds proposed by the School Board is inconsistent with the Ordinance or applicable law, the County Administrator or his designee will coordinate with the designated staff of the School Board to resolve the inconsistency. Page 4 of 8 245