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Contract 2019-77A2019-77A NONDISCLOSURE AGREEMENT FOR INFORMATION EXEMPT FROM PUBLIC DISCLOSURE UNDER CHAPTER 11% FLORIDA STATUTES BETWEEN THE LAKE COUNTY PROPERTY APPRAISER AND THE CITY OF CLERMONT THIS NONDISCLOSURE AGREEMENT FOR INFORMATION EXEMPT FROM PUBLIC DISCLOSURE UNDER CHAPTER 119, FLORIDA STATUTES ("Agreement") is made and entered into this day of ,, 2019, by and between the CITY OF CLERMONT, a municipal corporation in Lake County (the "City") whose address is 685 W. Montrose St. Clermont, FL 34711, and the LAKE COUNTY PROPERTY APPRAISER, (the "Property Appraiser") a Constitutional Officer of the State of Florida, whose address is 320 West Main St. Suite A, Tavares, Florida 32778. SECTION I Findings and Determinations The parties find and determine; 1. The Property Appraiser has the statutory responsibility to list and appraise all real and tangible personal property in the County each year for purposes of ad valorem taxation. During the normal course of business, the Property Appraiser acquires, stores, and maintains an abundance of property and ownership information, some of which is exempt from public disclosure; and 2. In order to carry out its duties the City may from time to time request data from the Property Appraiser in order to provide certain necessary municipal functions. Additionally, in October of each year, the Property Appraiser provides to the City an annual tax roll of all properties within the city's jurisdictional boundary. SECTION H Annlicable Law and Regulation 1. Chapter 119, Florida Statues, provides that any records made or received by any public agency in the course of its official business are available for inspection, unless specifically exempted by the Florida Legislature; and 2. Section 119.071, Florida Statutes, contains multiple exemptions from disclosure under the mandatory access requirement of section 119.07(1), Florida Statutes. Under section 119.071(4)(d)3., Florida Statutes, an agency that is not the employer of, but is the custodian of records pertaining to, one of the persons enumerated in section 119.071(4)(d), Florida Statutes, is required to maintain such person's exemption if the person or his or her employing agency submits a written request to the custodian; and 3. Section 119.071(4)(d), Florida Statutes, defines "Home Addresses" to mean the dwelling location at which an individual resides and 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; and 4. The Office of the Attorney General of Florida ("Attorney General') released Advisory Legal Opinion 2017-05 on November 22, 2017 that noted a clear distinction is made between public records that are "exempt" from disclosure and records that are "confidential." "if information is made confidential in the statutes, the information is not subject to inspection by the public and may only be released to the persons or organizations designated in the statute.... If records are not confidential but are only exempt from the Public Records Act, the exemption does not prohibit the showing of such information." Based upon this distinction, the Attorney General concluded that when there is a statutory or substantial policy need for information that is otherwise exempt from disclosure under the Public Records Act, the information should be made available to the requesting agency or entity. The Attorney General also noted that there is nothing in Chapter 119, Florida Statutes, indicating that an exempt address loses its exempt status by being shared with another agency. SECTION III PMose 1. The purpose of this Agreement is to facilitate the transfer between the Property Appraiser and the City of data elements maintained by the Property Appraiser that constitute Home Address as defined and that are exempt under Chapter 119, Florida Statutes, for which the Property Appraiser has received a request to withhold such Home Addresses from disclosure pursuant to Section I I9.071(4)(d)3., Florida Statutes {"Exempt Home Addresses"); and 2. To ensure that Exempt Home Addresses retain their exempt status, and are withheld from disclosure in accordance with applicable law, once in the City's possession. SECTION IV DM 1. The term of this Agreement shall commence upon execution and shall continue and extend uninterrupted from year-to-year, automatically renewed for successive periods not to exceed one (1) year each; and 2. Either party has the right to terminate this Agreement by giving at least 30 days' notice in writing to the other party to expire at the end of the initial or last renewal term. SECTION V 1. The Property Appraiser agrees to provide the City Exempt Home Addresses in the same manner that it provides other non-exempt property and ownership information; and 2. The Property Appraiser agrees to clearly identify which properties contain Exempt Home Addresses. This information will be conveyed in the data file(s) using a field named NPR. The NPR field will contain a "1" if the parcel has an Exempt Home Address. Otherwise, the NPR field will contain a "0". SECTION VI Duties and Responsibilities of the City 1. The City agrees that Exempt Home Addresses will retain their exempt status once in its possession; and 2. To the extent permitted by applicable law, the Requesting Entity agrees to withhold from public disclosure Exempt Home Addresses or Names as outlined pursuant to Florida Statute 119.071(4) and Florida Statute 493, and as otherwise identified by the Property Appraiser pursuant to Section V, above. SECTION VII Miisscell_aheuus 1. The parties shall perform all their obligations under this Agreement in accordance with good faith and prudent practice. 2. If either party receives any letter, action, suit or investigation from a non-party to this Agreement regarding the withholding of the Exempt Home Addresses pursuant to this Agreement, the other party shall cooperate and assist the other parties in this agreement in defending claims to such Exempt Home Addresses. The parties agree that neither party shall be entitled to any additional fees and/or compensation for their cooperation and assistance under this paragraph of the Agreement. 3. Each party, as a state agency or political subdivision as defined by Florida Statute § 768.28, shall indemnify each other party and defend and hold it harmless as to any claim, judgment or damage award whatsoever arising out of or related to that indemnifying party's own negligent or wrongful acts or omissions, to the extent permitted by law, and subject to the dollar limitations set forth in Florida Statute § 768.28. The parties understand that pursuant to Florida Statute § 768.28(19), no party is entitled to be indemnified or held harmless by another party for its own negligent or wrongful acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable, and each party claims all of the privileges and immunities and other benefits and protections afforded by Florida Statute § 163.01(9). The parties to this Agreement do not intend that this Agreement benefit any third party, and nothing herein should be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement. 4. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein and may not be amended, modified, or rescinded unless otherwise provided in this Agreement, except in writing and signed by all the parties hereto. Should any provision of this Agreement be declared to be invalid, the remaining provisions of this.Agreement shall remain in full force and effect, unless such provision found to be invalid alters substantially the benefits or the Agreement for either of the parties or renders the statutory and regulatory obligations unable to be performed. All prior agreements between the parties hereto, addressing the matters set forth herein, are hereby terminated and superseded by this Agreement. 5. This Agreement shall be .governed by the laws of the State of Florida. 6. Written notice shall be given to the parties at the following addresses, or such other place or person as each of the parties shall designate by similar notice: The Honorable Carey Baker, Lake County Property Appraiser 320 W. Main St. Suite A Tavares, Fl 32778 4 Hato the Reauesting .ntity: City of Clermont 685 W. Montrose St. Clermont, FL 34711 IN WITNESS WHEREOF, the parties have hereunto set, their hands and seals and such of them as are corporations have caused these presents to be signed by their duly authorized officers. WITNESS LAKE COUNTY PRO RT� R By: Carey Bak LJ / / Date: Cl -Darren S. Slyaw Printed Name Cj4q �lcriina. Title Date: 10 13. & 111 5