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Interlocal Agreement Between the County and School Board Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA (d) The County may recommend Public Education Facilities necessitated by new development for inclusion in the five- year facility plan, which facilities are consistent with the County ' s Comprehensive Plan . (e) By the twentieth working day of each month, following the County Administrator ' s annual determination that the expenditures of Public Education Facilities Impact Fee funds proposed by the School Board are consistent with the Ordinance and applicable law, the County will transfer to the School Board all Public Education Facilities Impact Fee funds collected in the preceding calendar month . The County will retain all administrative charges assessed . ( f) At the time of each monthly transfer, the County will provide a report to the School Board indicating : ( 1 ) the number and general location of residential building permits issued by type of unit ; (2) the amount of Public Education Facilities Impact Fees collected by residential unit type ; (3 ) the number and amount of any refunds made by the County for revoked , expired, or withdrawn building permits ; and (4) any other information agreed to by the parties to be necessary for the proper accounting and expenditure of Public Education Facilities Impact Fee funds . (g) Upon the return of Public Education Facilities Impact Fee funds by the School Board for failure to appropriate or expend such funds within the required timeframes set forth in the Ordinance, the County will refund such fees to the fee payor or property owner pursuant to the provisions of the Ordinance . (h) The County will provide thirty (30) days notice to the School Board prior to any amendment to the Ordinance, including any change to the amount of the Public Education Facilities Impact Fee . During this period, the School Board may provide comments and input regarding the proposed amendment . The County ' s notice to the School Board will describe the nature of the proposed amendment and will include any staff reports or Methodology Reports prepared in support of the amendment . Amendments to the Ordinance that are made subsequent to the execution of this Agreement, including changes to the amount of the Impact Fee assessed for School Facilities , shall be binding and shall not affect the obligations or duties imposed by this Agreement upon the parties , unless , the School Board terminates the interlocal agreement pursuant to subsection 8 (b) . The County will cooperate with the School District at the end of the first year of the Ordinance to recalculate the public education's facility impact fee . (i) County staff will cooperate with and provide guidance to the School Board in the administration of the Ordinance , the expenditure of Public Education Facilities Impact Fee funds , and the development of the School Board ' s five- year facility plan , consistent with the Ordinance , applicable laws , and the terms of this Agreement . SECTION 7. INDEMNIFICATION. To the extent allowed by law, without waiving sovereign immunity, the School Board will indemnify, defend, and hold harmless the County and its officers , agents , and employees from and against all liability, claims , suits , costs , and attorney fees in any manner resulting Page 5 of 8