HomeMy Public PortalAbout20-9762 MDC Agreement for Access To Certain Exempt ImformationSponsored by: City Manager
RESOLUTION NO. 20-9762
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, APPROVING THE PROTECTIONS OF
EXEMPT PUBLIC INFORMATION AND AUTHORIZING THE
CITY MANAGER TO EXECUTE MIAMI-DADE COUNTY'S
"AGREEMENT FOR ACCESS TO CERTAIN EXEMPT
INFORMATION MAINTAINED BY THE MIAMI-DADE COUNTY
PROPERTY APPRAISER"; PROVIDING FOR INCORPORATION
OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Miami -Dade County (the "County") bills the City's Fire Hydrant
Assessment on the County property tax bill each November; and
WHEREAS, the City of Opa-locka ("City") has had a Fire Hydrant Assessment
since Fiscal Year 2018, which is charged on the County -issued property tax bill sent out
in November each year; and
WHEREAS, for the City to provide the appropriate information to the County to
bill this assessment, the County must first provide certain information on each property
to the City; and
WHEREAS, there have always been categories of information which are deemed
to be exempt from public disclosure for qualifying individuals with professions which
could place them in harm's way if this information was publicly available; and
WHEREAS, as of July 1, 2019, the State has greatly increased the breadth of
categories of personal information deemed to be exempt from public disclosure.
However, this information is still made available to the City as a part of the process of
preparing the assessment files to be provided to the Property Appraiser for inclusion on
the property tax bill; and
WHEREAS, the County now requires each participating municipality to sign an
"Agreement For Access to Certain Exempt Information Maintained by the Miami Dade
County Property Appraiser", attached hereto as Exhibit A", requiring the municipality
to agree to provide the necessary security of certain information if the municipality is to
continue participating in the program of placing assessments on the property tax bill;
and
WHEREAS, this assessment is anticipated to provide approximately $64,000 this
fiscal year to support maintenance of the City's Fire Hydrant Maintenance Program and
it is anticipated that this realized amount will increase in the future due to inclusion of
all properties in the City's utility service as authorized by the City Code; and
Resolution No. 20-9762
WHEREAS, Staff recommends that the City Commission authorize the City
Manager to sign the referenced agreement with Miami -Dade County to provide
satisfactory security and protect exempt information provided to the City as part of the
assessment program; and
WHEREAS, the City Commission finds that it is in the best interest of the City to
execute the County's "Agreement for Access to Certain Exempt Information Maintained
by the Miami Dade County Property Appraiser".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission of the City of Opa-Locka, Florida hereby approves the protections
of exempt public information and authorizes the City Manager to execute the Miami -
Dade County "Agreement For Access to Certain Exempt Information Maintained by the
Miami -Dade County Property Appraiser", attached hereto as Exhibit A".
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected copy of same with the City Clerk.
Section 4. EFFECTIVE DATE.
This Resolution shall be effective immediately upon adoption hereof and approval by
the Governor of the State of Florida or his designee.
PASSED and ADOPTED this 27th day of May, 2020.
Matthew A. Pigatt, Mayor
2
Resolution No. 20-9762
ST:
Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL S ICIENCY:
dette Norris -We ks, P.A.
ity Attorney
Moved by: Commissioner Kelley
Seconded by: Vice Mayor Davis
VOTE: 5-0
Commissioner Bass YES
Commissioner Burke YES
Commissioner Kelley YES
Vice -Mayor Davis YES
Mayor Pigatt YES
3
"
C i t y o f O p a - l o c k a
A g e n d a C o v e r M e m o
D e p a r t m e n t
D i r e c t o r :
B o b A n a t h a n
D e p a r t m e n t
D i r e c t o r S i g n a t u r e :
C i t y
M a n a g e r :
J o h n P a t e
C M S i g n a t u r e :
C o m m i s s i o n
M e e t i n g
D a t e :
M a y 2 7 , 2 0 2 0
I t e m T y p e :
( E n t e r X i n b o x )
N e s n i d e s i
O t t e r
X
F i s c a l
I m p a c t :
( E n t e r X i n b o x )
N / A
Y e s
N .
O r d i n a n c e R e a d i n g :
( E n t e r X i n b o x )
f l n d h o g
2 r R e a d i n g
X
P u b l i c H e a r i n g :
( E n t e r X i n b o x )
Y e s
N o
Y e s
N o
X
X
F u n d i n g
S o u r c e :
A c c o u n t # :
G e n e r a l F u n d
( E n t e r F u n d &
D e p t )
E x :
N A
A d v e r t i s i n g R e q u i r e m e n t :
( E n t e r X i n b o x )
Y e s
N o
X
C o n t r a c t / P . O .
R e q u i r e d :
( E n t e r X i n b o x )
Y e s
N s
R F P / R F Q / B i d # :
X
S t r a t e g i c
P l a n R e l a t e d
( E n t e r X i n b o x )
l i e s
N o
S t r a t e g i c P l a n P r i o r i t y
E n h a n c e O r g a n i z a t i o n a l
B u s . & E c o n o m i c D e v
P u b l i c S a f e t y
Q u a l i t y o f E d u c a t i o n
Q u a l . o f L i f e & C i t y I m a g e
C o m m u n i c a t i o n
A r e a :
m e
S t r a t e g i c P l a n O b j . / S t r a t e g y :
( l i s t t h e s p e c i f i c o b j e c t i v e / s t r a t e g y t h i s
i t e m w i l l a d d r e s s )
X
I N
"
"
"
S p o n s o r
N a m e
C i t y M a n a g e r
D e p a r t m e n t :
C i t y M a n a g e r
S n o r t
P r o t e c t i o n o f E x e m p t I n f o r m a t i o n
S t a f f :
I s s u e / R e c o m m e n d a t i o n
T h e C o u n t y b i l l s t h e C i t y ' s F i r e H y d r a n t A s s e s s m e n t o n t h e C o u n t y P r o p e r t y T a x b i l l e a c h N o v e m b e r . T h e
c r e a t i o n o f t h i s a s s e s s m e n t i n v o l v e s p r o v i d i n g i n f o r m a t i o n t o t h e C i t y d e e m e d t o b e e x e m p t f r o m p u b l i c
d i s c l o s u r e b y S t a t e s t a t u t e . T h e C o u n t y r e q u i r e s t h a t t h e C i t y s i g n a n a g r e e m e n t a s s u m i n g r e s p o n s i b i l i t y f o r
t h e s e c u r i t y o f t h i s i n f o r m a t i o n . S t a f f r e c o m m e n d s t h e C i t y C o m m i s s i o n a p p r o v e t h e s i g n i n g o f t h i s a g r e e m e n t .
B a c k g r o u n d
T h e C i t y h a s h a d a F i r e H y d r a n t A s s e s s m e n t s i n c e F Y 1 8 w h i c h i s c h a r g e d o n t h e C o u n t y - i s s u e d p r o p e r t y t a x
b i l l s e n t o u t i n N o v e m b e r e a c h y e a r . F o r t h e C i t y t o p r o v i d e t h e a p p r o p r i a t e i n f o r m a t i o n t o t h e C o u n t y t o b i l l
t h i s a s s e s s m e n t , t h e C o u n t y m u s t f i r s t p r o v i d e c e r t a i n i n f o r m a t i o n o n e a c h p r o p e r t y t o t h e C i t y . T h e r e h a v e
a l w a y s b e e n c a t e g o r i e s o f i n f o r m a t i o n w h i c h a r e d e e m e d t o b e e x e m p t f r o m p u b l i c d i s c l o s u r e f o r q u a l i f y i n g
i n d i v i d u a l s w i t h p r o f e s s i o n s w h i c h c o u l d p l a c e t h e m i n h a r m ' s w a y i f t h i s i n f o r m a t i o n w a s p u b l i c l y a v a i l a b l e .
Current Activity
As of July 1, 2019, the State has greatly increased the breadth of categories of personal information deemed to
be exempt from public disclosure. However, this information is still made available to the City as part of the
process of preparing the assessment files to be provided to the Property Appraiser for inclusion on the
property tax bill. Consequently, the County now requires each participating municipality to sign an agreement,
attached, requiring the municipality to agree to provide the necessary security of this information if the
municipality is to continue participating in the program of placing assessments on the property tax bill.
Fiscal Impact
This assessment is anticipated to provide around $64,000 this year to support maintenance of the City's fire
hydrant maintenance program. It is anticipated that this amount will increase in the future due to inclusion of
all properties in the City's utility service as authorized by the Code.
Proposed Action:
Recommendation
Staff recommends that the City Commission authorize the appropriate City official to sign the County
agreement to provide satisfactory security to protect the exempt information provided to the City as part of
the assessment program.
Attachment
1. Agreement
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 27th day of May, 2020, by and between the CITY
OF OPA-LOCKA, 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 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 Municipality or 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
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 of the 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 by virtue of the Exempt Information, or the
exercise of any rights, obligations or actions under this Agreement, including, but not limited
to, the Municipality's failure to maintain the Exempt Information in accordance with Florida
law.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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
more severely against one of the parties from the other.
11. 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
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 of Opa-locka
Office of the City Manager
780 Fisherman Street
Opa-locka, FL 33054
City Attorney's Office
780 Fisherman Street
Opa-locka, FL 33054
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
IN WITNESS WHEREOF, the City of Opa-locka, FL has caused this instrument to be executed
by its respective officials thereunto duly authorized, this the day and year above written.
City of Opa-locka, a municipal corporation
ATTEST:
By: By:
Clerk Mayor/Manager
APPROVED AS TO LEGAL FORM
AND CORRECTNESS:
Municipal Attorney
NIIAMI-DADE COUNTY PROPERTY APPRAISER
ATTEST:
By:
Property Appraiser or
Designee
Date