Loading...
HomeMy WebLinkAbout25561AGREEMENT INFORMATION AGREEMENT NUMBER 25561 NAME/TYPE OF AGREEMENT MIAMI-DADE COUNTY PROPERTY APPRAISER DESCRIPTION INTERLOCAL AGREEMENT/ACCESS TO CERTAIN EXEMPT INFORMATION MAINTAINED BY THE MIAMI-DADE COUNTY PROPERTY APPRAISER/FILE ID: 16178/R-24-0218 EFFECTIVE DATE April 29, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 4/24/2025 DATE RECEIVED FROM ISSUING DEPT. 4/29/2025 NOTE DOCUSIGN AGREEMENT BY EMAIL AGREEMENT FOR ACCESS TO CERTAIN EXEMPT INFORMATION MAINTAINED BY THE MIAMI-DADE COUNTY PROPERTY APPRAISER THIS AGREEMENT TO ACCESS CERTAIN EXEMPT INFORMATION MAINTAINED BY THE MIAMI-DADE COUNTY PROPERTY APPRAISER (AGREEMENT), made and entered into this 2 q day of P'1 , 202r, by and between the CITY OF MIAMI, FLORIDA, a municipal corporation of the STATE OF FLORIDA (hereinafter referred to as the "Municipality") and the MIAMI-DADE COUNTY PROPERTY APPRAISER, (hereinafter referred as the "Property Appraiser"). WITNESSETH WHEREAS, the Municipality has requested access to certain records maintained by the Property Appraiser relating to specific property owners, including name, home addresses, telephone numbers, dates of birth, and photographs, which are exempt from public disclosure under section 119.071 of the Florida Statutes ("Exempt Information"). WHEREAS, under section 119.071 of the Florida Statutes, "home addresses" includes the physical address, mailing address, street address, parcel identification number, plot identification number, legal property description, neighborhood name and lot number, GPS coordinates, and any other descriptive property information that may reveal the home address. WHEREAS, the Municipality shall only request Exempt Information when there is a statutory or official need for the Exempt Information. WHEREAS, the Municipality shall take full responsibility for protecting all Exempt Information provided pursuant to this agreement in accordance with Florida law, WHEREAS, the Municipality's governing body has approved this agreement via Resolution No. R-24-0218 and authorized the below signatory to execute this agreement on behalf of the Municipality, NOW, THEREFORE, in consideration of the covenants herein provided, the Municipality and the Property Appraiser agree as follows: 1. The foregoing recitals are incorporated herein. 2. Before the Municipality requests any Exempt Information from the Property Appraiser, the Municipality shall establish sufficient safeguards to ensure that Exempt Information will not be disclosed, whether intentionally or inadvertently, by the Municipalityor any of its agents or employees, except as authorized by Florida law. 3. The Municipality shall only use Exempt Information to fulfill the official administration, duties, and responsibilities of government and such Exempt Information may not be disclosed or shared for any other purpose other than as prescribed by Florida law. 4. When in receipt of Exempt Information from the Property Appraiser, the Municipality acknowledges that its employees, successors, and authorized agents are subject to the same requirements exempting such records from public disclosure and the same penalties for violation of those requirements as the Property Appraiser. The Municipality accepts full 1 responsibility for the actions of its employees, successors, and authorized agents with regards to the Exempt Information. 5. To the extent allowed by, and subject to the limitations of Section 768.28, Florida Statutes, if applicable, the Municipality does hereby agree to indemnify and hold the Property Appraiser, its officials, employees, and instrumentalities, harmless from any and all liability for any damage, injury, or claim that may arise in connection with the Exempt Information to the extent caused by the negligent acts or omissions of the Municipality, its officials, and employees acting within the course and scope of their employment. 6. To the extent allowed by, and subject to the limitations of Section 768.28, Florida Statutes, if applicable, the Property Appraiser does hereby agree to indemnify and hold the Municipality, its officials, employees, and instrumentalities, harmless from any and all liability for any damage, injury, or claim that may arise in connection with the Exempt Information to the extent caused by the negligent acts or omissions of the Property Appraiser, its officials, employees, or instrumentalities acting within the course and scope of their employment. 7. The undersigned further agrees that these conditions shall be deemed a continuing obligation between the Municipality and the Property Appraiser and shall remain in full force and effect and be binding on the Municipality, and any permitted successors or assigns. 8. In the event that the Municipality requests any third party to assume any of its responsibilities as it relates to the Exempt Information or this Agreement, the Municipality must require the third party to agree in writing that it is subject to, and must comply with, all terms of this Agreement and that it must protect the Exempt Information from disclosure. Such agreement by the third party must be signed before the Municipality allows the third party to access any Exempt Information. The Municipality acknowledges that such assumption by a third party shall not relieve the Municipality from any obligations or responsibilities hereunder. Any failure by any third party shall not subject the Property Appraiser to any liability for any damage, injury, or claim that may arise. A failure of the Municipality to comply with this section shall be a breach of this Agreement and therefore a termination of the Agreement without the notice requirement in section 9. 9. Nothing in this Agreement, expressed or implied, is intended to: (a) confer upon any entity or person other than the parties and any permitted successors or assigns, any rights or remedies under or by reason of the Agreement as a third party beneficiary or otherwise except as specifically provided in this Agreement; or (b) authorize anyone not a party to this Agreement to maintain an action pursuant to or based upon this Agreement. Additionally, nothing herein shall be deemed to constitute a waiver of any rights under section 768.28 of the Florida Statutes, or as a waiver of the Property Appraiser's sovereign rights. 10. Either party to this Agreement may terminate the Agreement with seven (7) days' written notice to the other party. Upon termination of the Agreement, the Municipality shall destroy all Exempt Information within ten (10) days. The Municipality's obligation to protect the Exempt Information from disclosure shall remain in full force and effect following the termination of the Agreement. 11. The language agreed to herein expresses the mutual intent and agreement of the Property Appraiser and the Municipality, and shall not, as a matter of judicial construction, be construed 2 more severely against one of the parties from the other. 12. Any notices to be given hereunder shall be in writing and shall be deemed to have been given if sent by hand delivery, recognized overnight courier (e.g., Federal Express), or by written certified U.S. main, with return receipt requested, addressed to the party for whom it is intended, at the place specified. The method of delivery shall be consistent among all of the 3 persons listed herein. For the present, the Municipality and Property Appraiser designate the following as the respective places for notice purposes: Municipality: With a Copy to: Property Appraiser With a Copy to: City Manager 444 SW 2nd Avenue 10th Floor Miami, Florida 33130 City Attorney 444 SW 2nd Avenue Suite 945 Miami, Florida 33130 Miami -Dade County Office of the Property Appraiser 111 Northwest First Street, Suite 710 Miami, Florida 33128 Miami -Dade County Attorney's Office 111 Northwest First Street, Suite 2810 Miami, Florida 33128 [REMAINDER OF THE PAGE LEFT INTENTIONALLY BLANK] [SIGNATURE PAGE ON THE FOLLOWING PAGE] 4 IN WITNESS WHEREOF, the City of Miami has caused this instrument to be executed by its respective officials thereunto duly authorized, this the day and year above written. Signed by: CITY OF MIAMI, a municipal corporation ATTEST: By: ,--DocuSigned by: Todd Hannon City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: DocuSigned by: AA77QE9r 2403 George K. ysong City Attorney (—DS 1 • "ter By: MIAMI-DADE COUNTY PROPERTY APPRAISER DocuSigned by: gYIGE tiOVitla `-03BCFCC3TR.4342A... Arthur Noriega, V City Manager By: GEC'! / Z4/ � � � 4t/..200.2.4- Property Pp Pro e Appraiser 1/ Date P 5 Olivera, Rosemary From: Sent: To: Cc: Subject: Attachments: Trogner, Kaira Tuesday, April 29, 2025 11:45 AM Hannon, Todd; Olivera, Rosemary; Ewan, Nicole Britos, Nina; Duque, Arturo [Matter 19-1707] Inter -Local Agreement - Handling of Confidential Addresses City of Miami- Executed Agreement.pdf FS119-Exempt: This document/email contains sensitive information. Unauthorized sharing is strictly prohibited. Good morning City Clerk's Office, Attached, please find fully executed copy of an agreement that is to be considered an original agreement for your records. Please let me know if anything else is needed. Thankyou, Kaira Trogner Administrative Assistant Department of Innovation and Technology 444 SW 2nd Avenue, 5th Floor, Miami, FL 33130 (305) 416-1524 I ktrogner@miamigov.com Under Florida law, e-mail addresses, and all communications, including e-mail communications, made or received in connection with the transaction of the City of Miami business are public records, which must be retained as required by law and must be disclosed upon receipt of a public records request, except as may be excluded by federal or state laws. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. This document is classified as Confidential - Legal. 1