HomeMy WebLinkAboutInterlocal Agreement Brevard County Addressing 2016 INTERLOCAL AGREEMENT
BETWEEN
BREVARD COUNTY,FLORIDA
AND
THE CITY OF CAPE CANAVERAL,FLORIDA PROVIDING A
CENTRALIZED ADDRESSING AUTHORITY
THIS INTERLOCAL AGREEMENT, entered into this 12 day of
July 2016 , by and between the BOARD OF COUNTY COMMISSIONERS OF
BREVARD COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA,
hereinafter referred to as the "County," and THE CITY OF CAPE
CANAVERAL, FLORIDA, a municipal corporation created under the Laws of
Florida, hereinafter referred to as the"City."
WHEREAS, the purpose of this Interlocal Agreement is to establish a coordinated
process for the assignment of addresses throughout the County (both incorporated and
unincorporated areas) to provide for an effective countywide Automatic Location
Identification Database for the 9-1-1 emergency telephone system;
WHEREAS, the Board of County Commissioners of Brevard County, Florida in
regular session on August 21, 1980, issued a letter of intent that allowed Southern Bell
Telephone and Telegraph Company (a.k.a. BellSouth/AT&T) to proceed with the
implementation of the enhanced emergency telephone system for Brevard County,
Florida:
WHEREAS, this emergency telephone system, known as the "Enhanced 911
Telephone System" was implemented in the incorporated and unincorporated areas of
Brevard County;
WHEREAS, the County and City have previously entered into various Interlocal
Agreements, dated 12/03/81, 03/14/00, and/or 07/24/07 , providing for the exchange
of information necessary to implement and maintain the emergency telephone system
throughout Brevard County;
WHEREAS, the parties wish to replace all current Interlocal Agreements with the
various Cities by executing this new agreement;
WHEREAS, the City has the option in this Agreement to handle all addressing
responsibilities for the City or to delegate responsibility for assigning addresses to
properties within the City's jurisdiction to the County (which includes the responsibility
for coordinating with developers and property owners);
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WHEREAS, in order to effectively maintain the accuracy and consistency of the
countywide Automatic Location Identification (ALI) Database used with the emergency
telephone system and to avoid addressing duplication and confusion, certain address
information approved and under the control of the City shall be transmitted to the County
and the City hereby authorizes the County to coordinate addressing information;and
WHEREAS, the County and the City have determined that it is in the best interest
of the health, safety and welfare of all citizens of and visitors to Brevard County to enter
into this Interlocal Agreement.
NOW THEREFORE, it is agreed between the County and the City as follows:
1. TERM AND RENEWAL: The Term of this Agreement shall begin on
March 1, 2016 and end on September 30, 2020; however, the Agreement
shall automatically renew for an additional 5 years unless either party
gives the other party at least sixty (60) days advance written notice of its
intent to terminate the agreement at the end of the then existing term.
2. SCOPE OF SERVICES:
2.1 The City and County hereby agree to mutually cooperate in exchanging
information and data in order to allow the County to properly and
effectively update the Enhanced 911 ALI Database and the E911 Mapping
System which is maintained by Brevard County for Brevard County,
Florida, its municipalities and emergency responders,etc.
2.2 The City shall provide the necessary addressing information, as further
provided herein,to the County prior to the permanent assignment or change
of street names within the City allowing the County to review and provide
comment to the City to avoid addressing duplication and confusion in the
same geographic/community area.
2.3 The City may request the County,through the E911 Addressing Section
(hereafter referred to as the `Section'), to assume the addressing
responsibilities for the City.
(A) Such request shall be submitted in writing to the Brevard County
Emergency Management Department, E911 Administration Office, E911
Addressing Section at 2725 Judge Fran Jamieson Way, Suite C201, Viera,
Florida 32940.
(B) The County agrees to assume addressing responsibilities for the City,
if requested to do so by the City in writing, subject to the City paying the
County the annual addressing fee (as billed by the County) and providing
all requested information needed by the County to perform the addressing
function.
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2.4 The parties agree that the structures requiring addresses include:
Residential structures
Commercial structures
Utility equipment/cabinets
Lift stations
Docks
Boat houses
Communications towers
Subdivision lighting
Development fencing/signage/gates
Development recreational facilities
Accessory structures (barns, sheds, garage/apartments)
3. ADDRESSING:
3.1 CITY RESPONSIBILITIES(generally):
(A) Submit to the County one copy of each of the following documents for
the purpose of proper identification and location of addresses within the
E911 ALI Database:
(i) Any City Ordinance/Resolution currently authorizing/regulating
addressing.
(ii) Any future amendments to such ordinances.
(iii) Any City Ordinance or regulation relating to Annexation or
Detachment of property.
(iv) Any City Ordinance/Resolution relating to roadway vacating.
(v) Any correspondence related to numbering or renumbering of private
or public streets located within their municipal boundaries.
(vi) Will notify the City agencies needing access to updated/new addresses
of new addresses that have been assigned to individual properties, to newly
recorded plats, because of change due to street naming and/or renaming, by
owner request or for 911 purposes.
3.2 CITY PERFORMS ADDRESSING FUNCTION:
(A) CITY RESPONSIBILITIES:
(i) Assign and/or change addresses within the City jurisdiction, along with
all notification correspondence and provide assistance to all inquiries
(phone/email/walk-in customers) made directly to the City or forwarded by
the Section.
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(ii) Notify all external concerned agencies on the Concerned Agencies List
(see paragraph 4.2(B)), in addition to their City internal agencies, of new,
updated or changed addresses.
(iii) Submit to the County, or require applicants for street names within the
City to submit to the County, prior to any permanent assignment of street
names, all subdivision plans and/or site plans regarding development
projects within its municipal boundaries.
(iv) Submit to the County for review and comment any and all addresses
proposed for assignment by the City in order to avoid addressing
discrepancies.
(v) Provide any proposed street names for private or public streets located
within the City's municipal boundaries for review and approval by the
County.
(vi) Require all private streets located within all mobile home parks,
condominium complexes and/or business complexes to be named and
proper documents recorded with the Clerk of the Courts.
(vii) Provide the County with copies of any correspondence that propose
changes or corrections to the addresses or street names within their
municipal boundaries.
(B) COUNTY RESPONSIBILITIES:
(i) County directs all persons who contact the County about any addressing
issues within the City to the City.
(ii) The County will notify the City in writing of any discrepancies in the
naming or numbering of streets located within their municipal boundaries
for the purpose of verification and correction.
3.3 COUNTY PERFORMS ADDRESSING FUNCTION:
(A) CITY RESPONSIBILITIES: In addition to the information to be
provided under paragraph 3.1, above,the City will perform as follows:
(i) Provide the Section any and all documents pertinent to new
subdivisions, site plans and/or preliminary annexations submitted to the
City for review and comment.
(ii) Submit to the Section for review and approval any and all street names
submitted for use within said municipal boundaries.
(iii) Submit all newly recorded subdivisions and approved site plans to the
Section for addressing.
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(B) COUNTY RESPONSIBILITIES:
(i) Assignment of all addresses to individual properties.
(ii) Assignment of all addresses to utility equipment.
(iii) Assignment of all addresses to and within subdivision plats (residential
and commercial).
(iv) Assignment of all addresses to commercial site plans.
(v) Provide the City and Developers a copy of the recorded subdivision
plat and/or approved site plan with addresses indicated thereon, along with
an address table, if applicable.
(vi) Issue any necessary address change and/or verification letters.
(vii) Conduct site visits as necessary.
(viii) Produce street naming/renaming (includes resolution, mapping,
recording and issuing all necessary correspondence).
(ix) Respond to all telephone/email/walk-in inquiries received from the
City or citizens and perform any necessary research to respond.
(x) Process submitted annexations completed by City; update County
records.
(xi) Process submitted vacatings completed by City; update County
records.
(xii) Notify all external concerned agencies on the Concerned Agencies
List(see paragraph 4.2(B))needing access to updated/new addresses listed,
in addition to the City, of any new addresses that have been assigned to
individual properties or to newly recorded plats or are changed due to street
naming and/or renaming or by owner request or for 911 purposes. The
County will update this agency list from time to time as needed, advise the
City of the updates and make this list available on-line through its website.
4. ALI DATABASE and 911 MAPPING SYSTEM:
4.1 CITY RESPONSIBILITIES:
(A) Cooperate with the maintenance of the E91 1 ALI Database by providing
for the timely updates and corrections of any addressing discrepancies
located in the ALI Database or errors located in the mapping system and/or
errors located in any Annexation, Detachment or Ordinance submitted by the
City.
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(B) Respond to the County in writing within ten (10) working days from
receipt of written notice (paragraph 4.2(C) below) from the County of any
discrepancies in the naming or numbering of streets in the City.
(C) The City agrees to be responsible for any or all errors within the ALI
Database System that are not resolved or corrected by the City within the
(10) working days from the receipt of notice or within the approved grant
extension time frame as provided for below.
(D) Upon correction and recording of any and all City Annexations,
Detachments, Ordinances or Resolutions, the City shall provide a recorded
copy of the revised document to the County E911 Addressing Section in a
timely manner.
4.2 COUNTY RESPONSIBILITIES:
(A) Maintain and update the addresses in the ALI Database System and 911
Mapping System (the Systems) and the County's Property Management
System, along with regular updated addressing information to the Property
Appraiser and the Supervisor of Elections for use in the records/databases of
those offices.
(B) Maintain and revise as needed the "Concerned Agencies List" which
includes all agencies/entities needing access to the updated Systems.
(C) Notify the City in writing of any discrepancies the County identifies in
the naming or numbering of streets located within the City's municipal
boundaries for the purpose of verification and correction in order to avoid
duplication and confusion.
(D) Upon written notice from the City indicating an error cannot be resolved
within the approved time frame, the Brevard County E911 Addressing
Section may grant an extension on a case-by-case basis.
(E) Process annexations and vacatings submitted by the City, including
incorporation of address changes into the Systems.
(F) Provide maps and mapping updates to the City on an 'as requested'
basis.
5. FEES:
5.1 CITY RESPONSIBILITIES:
(A) Remit an annual 911 Addressing fee to the County by October 1 for the
upcoming fiscal year if the City requests the County to assume Addressing
responsibilities for the City.
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(B) Require the Developer to pay the fee set per address for newly recorded
plats for 911 address assignment to the Section in order to defer the
administrative cost of this function.
(C) Require the Developer or Citizen to pay fees to the Section should the
City request the E911 Addressing Section to provide street naming or
renaming or address change notification services.
(D) All fees provided for herein as set by Resolution shall be made payable
to the Brevard County Board of County Commissioners and sent to the
attention of:
Brevard County Board of County Commissioners
Attn: E911 Addressing Section
2725 Judge Fran Jamieson Way
Suite C201
Viera, FL 32940
(Any change in the address of the Section shall be made to the City in
accordance with paragraph 8).
(E) Require the Developer to pay said fees directly to the Section at the time
address assignment is completed and available for use.
5.2 COUNTY RESPONSIBILITIES:
(A) Adopt fees by Resolution for the services as provided for in Section 5.1
above. The County may revise the fees from time to time.
(B) Notify the City of any proposed change to the annual 911 addressing fee
Section 5.1 (A) no less than six months prior to September 30, in order for
the City to consider the fee as part of its budgetary process for the next fiscal
year.
(C) The County will advise the City from time to time of any changes to fees
charged to the City or Developers or citizens for various addressing services
provided by the County.
6. MODIFICATIONS TO AGREEMENT: Other than as previously approved,
this Agreement, together with any exhibits, task assignments and schedules
constitute the entire Agreement between the County and the City and supersedes
all prior written or oral understandings. This Agreement and any exhibits, task
assignments and schedules may only be amended, supplemented or canceled by a
written instrument duly executed by the parties hereto.
7. INDEPENDENT CONTRACTOR: City and County are independent
contractors under this Agreement. Services provided by City pursuant to this
agreement shall be subject to the supervision of City and services provided by
County pursuant to this Agreement shall be subject to the supervision of County.
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In providing such services, the City, its officers, employees, or agents are not
authorized to and shall not act as officers, employees, or agents of County and the
County, its officers, employees, or agents are not authorized to and shall not act as
officers, employees, or agents of City. This Agreement shall not constitute or make
the parties hereto a partnership or joint venture.
8. NOTICE: Documentation, notices, changes in addresses or representatives of
the parties shall be made by providing notice as follows:
To the City:
City Clerk
City of Cape Canaveral
105 Polk Avenue
P.O. Box 326
Cape Canaveral,FL 32920
To the County:
Brevard County Emergency Management Department
E911 Administration Office, E911 Addressing Section
2725 Judge Fran Jamieson Way, Suite C201
Viera, FL 32940
9. GOVERNMENTAL IMMUNITY. The City is a municipality as defined in
Section768.28, Florida Statutes, and agrees to be responsible for acts and
omissions of its agents or employees when required by law. Nothing herein is
intended to serve as a waiver of sovereign immunity by the City to the extent
sovereign immunity may be applicable. Nothing herein shall be construed as
consent by the City to be sued by third parties in any matter arising out of this
Agreement or any other contract. Likewise,the County is a political subdivision of
the State of Florida,as defined in Section 768.28,Florida Statutes,and agrees to be
responsible for acts and omissions of its agents or employees when required by
law. Nothing herein is intended to serve as a waiver of sovereign immunity by the
County to the extent sovereign immunity may be applicable. Nothing herein shall
be construed as consent by County to be sued by third parties in any matter arising
out of this Agreement.
10. ATTORNEY'S FEES/COSTS; NON-JURY TRIAL: In the event of litigation
to enforce the terms of this agreement, each party shall be responsible for its own
costs and attorney's fees. Any trial to enforce or interpret the terms of this
agreement should be non jury.
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This Agreement shall be deemed to have been entered into under the provisions of
Section 163.01, Florida Statutes, "the Florida Interlocal Cooperation Act of 1969,"
and shall be effective upon filing with the Clerk of the Circuit Court, Brevard
County pursuant to Subsection 11 of said Act.
IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day
and year first above written.
ATTER ••.r.;� \ -� � �_ .,, •
BOARD OF COUNTY COMMISSIONERS
f OF BREV RD COUNTY, FLORIDA
. . ,. .
i
•JIN ARFIELD, CHAIRMAN
Scott Ellis,Clerk.
Brevard County Board of County Commissioners
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Reviewed for legal for and content:
/..4-..e....I illy.. -......°:- ;LL, ►
_ z '1,
(Assistant) County Attorrfe J'�,' ` As Approved by the Board on J u 1 y 12 , 2016
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Mayor or(his/he signee)
STATE OF FLORIDA
COUNTY OF BREVARD
TN% is to certify that the foregoing
It 4,rue and current copy of ,/1 ri0 Co-
._QlC rtevnefit witne my hand
9rof offi iai seal this 1 F: day of
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ACL L ' , lerk of 'cu i Court
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CmBREVAR
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BOARD OF COUNTY COMMISSIONERS !��/ `"�
FLORIDA'S SPACE COAST *= %
Tammy Rowe,Clerk to the Board,400 South Street•P.O.Box 999,Titusville,Florida 32781-0999 Telephone:(321)637-2001 1st '',„9 /-:',„;-', C
Fax:(321)264-6972 114
Tammy.Roweabrevardclerk.us *kOMOP.
July 13, 2016
MEMORANDUM
TO: Kimberly Prosser, Emergency Management Director
RE: Item II.C.4., Interlocal Agreements with Municipalities in Brevard County for Outlining
Addressing Requirements for Public Safety Purposes, and Providing the Ability to
Transfer Addressing Responsibilities to the County for an Annual Fee
The Board of County Commissioners, in regular session on July 12, 2016, executed Interlocal
Agreements with Municipalities for Outlining Addressing requirements for Public Safety
purposes; and approved the Interlocal Agreements with 14 of the 16 Municipalities. Enclosed
are two certified copied of each Interlocal Agreement for your action.
Your continued cooperation is greatly appreciated.
Sincerely yours,
BO '-RD OF COUNTY C4• MISSIONERS
CO ELLIS, CLERK
A it) f . 4 . /
4 1 , 'am ' Rowe, Deputy Clerk
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Encls. (28)
cc: Contracts Administration RFctIVE rl
Budget
Finance
JUL 2 0 2 4th
BREVActO GOUTY
EMERGENCY MAr AGaMENT
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