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12/14/2011 Agreement { DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: January 5, 2012 TO: Christine Hurley, Director Growth Management Division ATTN: Mayra Tezanos Executive Assistant FROM: Pamela G. Hanc , C. At the December 14, 2011, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Item J3 an Interlocal Agreement (ILA) with the City of Marathon (City) reimbursing the City in the amount of $41,342.08 from County Boating Improvement Funds for costs previously incurred for mooring inspections, installation of an Aid to Navigation, and required water quality testing in association with the City mooring field during the past fiscal year. Enclosed are two duplicate originals for your handling. ✓Item J4 an Agreement with the Property Appraiser of Monroe County (Appraiser), for the Appraiser to house a new software query tool on his system that will enable the Appraiser to extract parcel data specifically indicating living area on the ground floor of each Monroe County parcel and export this information to the Growth Management Division for use with the FEMA Floodplain Program. Enclosed is a duplicate original for your handling. Should you have any questions, please do not hesitate to contact my office. cc: County Attorney via e -mail Finance File AGREEMENT BETWEEN MONROE COUNTY, FLORIDA AND THE PROPERTY APPRAISER OF MONROE COUNTY, FLORIDA THIS IS AN AGREEMENT (Agreement) entered into by and between the Board of County Commissioners of Monroe County, Florida (hereafter the County) and the Property Appraiser of Monroe County (hereafter the Property Appraiser). NOW THEREFORE, in consideration of the mutual promises, covenants, representations, and agreements contained herein, together with other good and valuable consideration exchanged between the parties, and pursuant to the authority under F. S. Sec. 163.01, the parties to this Agreement do undertake, promise and agree for themselves, and their successors as follows: ARTICLE I SECTION 1.01. FINDINGS, RECITALS AND ACKNOWLEDGEMENTS. It is hereby ascertained, determined and declared by the parties that: (A) The County is responsible for determining the improvements to real property which may impacted by the National Flood Insurance program as administered by the Federal Emergency Management Agency (FEMA); (B) The Property Appraiser pursuant to Chapters 192; 193 and 195, Florida Statutes each year prepares the Monroe County Tax Roll (Tax Roll) which includes determining the improvements to all real property in Monroe County; (C) The County has contracted with ACS Government Systems, Inc., the vendor who provides the computer programming and services to aid the Property Appraiser in creating the Tax Roll, to create and develop a query tool; and (D) The Tax Roll includes a data base which describes the various types of improvements and depicts them on the property record card generated for each parcel. SECTION 1.02. INCORPORATION. The findings, recitals and acknowledgements contained herein are true, correct and incorporated in this Agreement. ARTICLE II SECTION 2.01. PURPOSE. The purpose of this Agreement is for the County and the Property Appraiser to establish and agree upon the undertaking of the responsibilities of the parties to develop a query tool to access information off the Monroe County Property tax roll in a manner to accommodate the needs of the County and to administer the access to the data once the query tool is implemented. Agreement Between Monroe County, Florida And The Property Appraiser Of Monroe County PAGE 1 BOCC December 14, 2011 Last Modified: 11/912011 ARTICLE III SECTION 3.01. DUTIES AND RESPONSIBILITIES OF THE COUNTY. The County shall: (A) be solely responsible for contracting with ACS to develop the query tool to access and use of the Property Appraiser's tax roll data base; (B) reimburse the Property Appraiser for actual costs incurred by the Property Appraiser directly related to the proposed contract between the County and ACS; (C) to maintain the confidentiality of any records disclosed or made available that are declared confidential by the laws of Florida. SECTION 3.02. DUTIES AND RESPONSIBILITIES OF THE PROPERTY APPRAISER. The Property Appraiser shall: (A) cooperate with the County and ACS in the development of a query tool as described in Monroe County Contract for Professional Services with ACS Government Systems, Inc. dated December 14, 2011. (13) to give access by the County and ACS to a duplicate copy of the Current Tax Roll for development of the query tool; (C) to provide a report upon request with at least 15 days notice and not in conflict with the Property Appraiser's normal duties; and (D) to notify County in the event the Property Appraiser secures a new appraisal system either from ACS or another, vendor, in which case the County shall be responsible for any upgrades or new development to maintain the query tool functionality with the new system if desired by County. ARTICLE IV SECTION 4.01. DISCLAIMER. The Tax Roll and all data reflected thereon has been and continues to be prepared and /or assembled is for the purpose of compliance the provision of Florida law relative to the duties and responsibilities of the Property Appraiser's Office. Any other use of the data by the County or ACS is the responsibility of the County and ACS pursuant to their contract. The Property Appraiser does not warrant the accuracy or application of the Tax Roll data to the agreement between the County and ACS. SECTION 4.02 NON - RELIANCE BY NON - PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the parties agree that neither the County nor Appraiser or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of Agreement Between Monroe County, Florida And The Property Appraiser Of Monroe County PAGE 2 BOCC December 14, 2011 Last Modified: 11/9/2011 individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. WITNESS WHEREOF, the County and the Property Appraiser have executed and Agreement as of the date first above written, SECTION 5.01. TERM. The term of this Agreement shall commence upon the date first above written and shall automatically be renewed thereafter, for successive periods, not to exceed one year each. However, either party may terminate this Agreement by written notice at least 60 days prior to an anniversary of the Agreement. t V' ` BOARD OF COUNTY COMMISSIONERS t , MONROE COUNTY, FLORIDA By: County Clerk or Deputy Clerk_ Mayor WITNESSES: ARTICLE V It C � (may . /� • /s' t t MONROE COUNTY PROPERTY APPRAISER NIX Karl D. Borglum Agreement Between Monroe County, Florida And The Property Appraiser Of Monroe County BOCC December 14, 2011 Last Modified: 11/9/2011 C= ; cn J __ .♦ Q J ` Q PAGE 3 N