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Resolution No. 25-29RESOLUTION NO. 25-29 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING AN AGREEMENT (EXHIBIT A) FOR THE USE OF SECURITY CAMERAS BETWEEN BOYS AND GIRLS CLUBS OF NORTHEAST FLORIDA AND THE CITY OF ATLANTIC BEACH; AUTHORIZING THE CITY MANAGER OR MAYOR TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Boys and Girls Clubs of Northeast Florida (BGCNF) desires to utilize security cameras at the City -owned community centers (Jordan and Gail Baker) serving as Boys and Girls Club units; and WHEREAS, Exhibit A outlines the terms of said agreement. NOW, THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: Section 1. The City Commission approves an agreement (Exhibit A) for the use of security cameras between Boys and Girls Clubs of Northeast Florida and the City of Atlantic Beach. Section 2. The City Commission hereby authorizes the City Manager or Mayor to execute contracts and purchase orders in accordance with and as necessary to effectuate the provisions of this Resolution. Section 3. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. This Resolution shall become effective upon passage an adoption. PASSED AND ADOPTED by the City Commission of the Ci of Atlantic Beach, this 24'x' day of March, 2025. Curtis Ford, Mayor Attest: /1471� 0111644t& Donna L. Bartle, City Clerk Approved as to form and correctness: Jasoi G b ' el, ity Atto y EXHIBIT A AGREEMENT FOR THE USE OF SECURITY CAMERAS BETWEEN BOYS & GIRLS CLUBS OF NORTHEAST FLORIDA AND THE CITY OF ATLANTIC BEACH This Agreement for the Use of Security Cameras (the "Agreement") is entered into as of , 2025 (the "Effective Date"), by and between Boys and Girls Clubs of Northeast Florida, Inc., a Florida not-for-profit company, ("Club") and the City of Atlantic Beach, a Florida municipal corporation ("City"). City and Club are collectively referred to herein as the "Parties". RECITALS WHEREAS, the primary purpose of this Agreement between the Parties is to discourage inappropriate and illegal behavior and activities while increasing security and safety in Jordan Community Center and Gail Baker Community Center ("City Parks") in accordance with applicable federal, state, and local laws; and WHEREAS, the Parties recognize the benefit of audio / video monitoring due to the large number of people who visit City Parks; and WHEREAS, park security is both a community and City priority; and WHEREAS, the purpose of this security camera use agreement is to augment police presence, reduce police response time, and deter criminal activity within City Parks; and NOW, THEREFORE, the Parties agree as Follows: 1. Installation, Maintenance and Use of Equipment. (a) Installation and Maintenance of Equipment The Club is authorized to install video/audio surveillance equipment ("Equipment") in City - approved locations within the Club's facilities located at the following City Parks: the Gail Baker Community Center, located at 2072 George Street, Atlantic Beach, Florida and the Jordan Community Center located at 1671 Francis Avenue, Atlantic Beach, Florida, which records data inside the buildings, their parking lots, and adjacent land. The Club is also authorized to place its Equipment within vehicles owned by the City, which the Club uses for their programs. The Club shall ensure that the installation of the Equipment is completed in a safe manner, and in compliance with all applicable laws. At its sole cost and expense, the Club shall be responsible for the continuous maintenance, repair, and upkeep of the Equipment and shall maintain the Equipment in good working condition at all times, and ensure the Equipment includes functioning technology to allow for remote video monitoring by the City. (b) Use of Equipment. 56376639 v The Club hereby grants the City the exclusive right to use the Equipment for such lawful purposes as City deems necessary and appropriate. City's use of the Equipment shall be consistent with uses customarily engaged in by a public entity providing police services. The Equipment shall provide constant monitoring 24/7 which activates and records when motion is detected. The Equipment will not be used or installed in areas where Club members, staff, parents/guardians and invitees have a reasonable expectation of privacy, such as locker rooms and restrooms. Equipment may always be in operation when the Club is open and whether or not the facilities or buildings are in use. Equipment shall not be in an area that enables public viewing. The Club shall notify its Club members, parents/guardians, staff, invitees and the public that video surveillance systems are present by signs prominently displayed in appropriate locations throughout the facilities and grounds and provide any other notification or consent as required by applicable law or by the City. of City. Equipment installed at the Club facilities, property, and vehicles shall remain the property 2. Alterations and Improvements. City shall have the right but is not obligated to make additions, improvements and/or replacements of and to the Equipment, provided the same are made in a workmanlike manner and utilizing good quality materials. Damage caused to the Equipment by City's actions, shall be repaired by City at City's expense. 3. Term. This term of this Agreement (the "Term") shall commence on the Effective Date and shall remain in effect for five years, from the date of installation of the Equipment, unless terminated pursuant to the provisions of Section 5. 4. Termination. Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. Upon termination of this Agreement or cessation of the surveillance program, all Equipment and any of its related video/audio data shall either be securely destroyed or transferred to the City, as mutually agreed in writing by the Parties. Any remaining data shall be handled and maintained in compliance with any applicable federal, state or local retention policies and applicable laws. 56376639 v1 2 5. Indemnification and Insurance (a) Indemnification. Club shall indemnify, defend with counsel acceptable to City whose acceptance shall not be unreasonably withheld and hold harmless City and its officers, officials, employees, and agents (collectively, "Indemnitees") from and against all actions, proceedings, claims, demands, liabilities, judgments, losses, expenses (including reasonable attorneys' fees and expenses) and costs (all of the foregoing, collectively "Liability") arising out of this Agreement, to the extent caused by the Club's negligence. (b) Insurance. The Club shall maintain adequate insurance coverage, including general liability and cyber liability insurance, to, among other things, include protection against any claims arising from the operation or use of the Equipment and its video surveillance system. The City shall be named as an additional insured under such insurance policy. The Club shall maintain insurance coverage in the following coverage amounts with an insurance company approved by the City as follows: 6. No Property Rights. The Agreement is not intended to nor shall it be interpreted to create or vest in City any permanent property rights or interests in the Equipment. 7. Approval By City Commission. This Agreement shall not be effective for any purpose until it is approved by resolution of the City Council of the City and its authorized execution. 8. Equipment Regulations. (a) Access to Video Images. The Equipment and all related instrumentation and systems shall be supervised and controlled by the Club's CEO and Club Directors. The Equipment shall be maintained in an area and way that is locked and completely secure to only be accessed by authorized personnel and shall be operated pursuant to all applicable laws. Video data will be recorded and stored digitally. Video recording data will be treated as confidential and secured information. Access to live and video -recorded data is strictly limited to the following authorized full-time Club personnel: CEO, Director of Operations, Director of Safety, and Club Directors. Requests for video data produced by the Equipment by law enforcement without a subpoena shall be documented, including the name of the officer, the reason for the request, and the data accessed. This documentation shall be maintained by the Club and provided to the City upon request. 56376639 v1 3 All authorized personnel who access the Equipment shall undergo annual training on data security, privacy laws, and proper use of the system. Documentation of this training shall be provided to the City upon request. Video data will be made available for viewing by any authorized law enforcement official who is conducting an official investigation of a reported criminal act or missing person without the need for a subpoena. (b) Unauthorized Access or Disclosure Only the authorized personnel provided herein can view and/or export or record video data. No recordings are permitted of video recorded data through the use of cell phones, portable devices, or any other means by unauthorized personnel. Any Club personnel who become aware of unauthorized disclosure of video data from the Club and/or a potential privacy breach will immediately inform the Club CEO and the City. In the event of a security breach or unauthorized access to Equipment data, the Club shall notify the City of Atlantic Beach and any affected individuals within 48 hours. The Club shall bear the cost of notifying affected individuals and addressing any legal or regulatory obligations arising from the breach. All requests for copies of recorded images made by authorized law enforcement shall be directed to the on-site Club Administrator. Requests to view live or recorded video/audio or still images made by an authorized law enforcement officer actively investigating an alleged criminal complaint will be granted immediately. Requests for a copy of video/audio or still images will be fulfilled within three (3) business days unless required earlier by law. Video recording data is the property of the Club. The Club agrees to not release any video/audio or still photographic data that may be or is part of an active criminal investigation without the consent of the City's Atlantic Beach Police Department or other authorized law enforcement official(s) having jurisdiction over the investigation. (c) Retention of Digital Images Equipment video/audio and still photographic data shall be kept for a minimum of 30 days, unless required otherwise by applicable law. The stored media shall be kept on a secure device or service and shall have a redundant and secure backup capability. All video/audio data must be deleted or securely destroyed after the 30 -day retention period except where required for an active investigation or required otherwise by law. The Club shall maintain a log of all retained data, including the reason for its retention and the authority requiring it. The Club shall provide protective safeguards to the Equipment and its related recording systems and data, including but not limited to password protection, well-managed firewalls, and 56376639 v1 4 controlled physical access to protect the video surveillance system from hackers, unauthorized users, and unauthorized use. The Club shall provide quarterly reports to the City summarizing the use of the Equipment and its associated surveillance system, including any incidents involving law enforcement access, data breaches, or system malfunctions. (d) Club Member Privacy Video recording data will not be used directly or indirectly to identify the activities of individual Club members except under specific event(s) which violate established rules, laws or agreements, or which involve criminal activity. Video recordings may be used to assist authorized law enforcement officials in assessing the security risk of a specific individual, investigating a potential crime on or near Club or City property, and assessing the physical security of the Club. The Club shall ensure that all Equipment and its video/audio recording and data handling practices comply with applicable federal, state, and local privacy laws, including but not limited to the Video Privacy Protection Act (VPPA) and any applicable federal, state or local law. 9. Miscellaneous. 9.1 No Joint Venture. No provision of this Agreement shall be deemed to constitute the Parties as partners, principal and agent, or joint venturers with one another. 9.2 No Waiver. No waiver of, acquiescence in or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute a waiver of, acquiescence in, or consent to, any other, further or succeeding breach of the same or any other term, covenant or condition. 9.3 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Parties in accordance with this Section. All such notices shall be sent by: City: 800 Seminole Road Atlantic Beach, Florida 32233 Attn: City Manager Club: Attn: 56376639 vl 5 9.4 No Third Party Beneficiaries. There no third party beneficiaries to this Agreement. Nothing in this Agreement is intended to or shall confer upon any person other than the Parties any rights or remedies hereunder. 9.5 Governing Law; Venue. This Agreement shall be construed in accordance with the laws of the State of Florida without regard to principles of conflicts of law. Any legal action filed in connection with this Agreement shall be filed in the Fourth Judicial Circuit, Duval County or if in Federal Court, in the Middle District of Florida, in the City of Jacksonville. 9.6 Severability. If any term, provision, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged thereby. 9.7 Amendments; Assignment. This Agreement may be amended only by a written instrument executed by the Parties hereto. This Agreement may not be assigned without written authorization from both Parties. 9.8 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. The parties hereto have executed this Agreement as of the Effective Date. [SIGNATURES ON FOLLOWING PAGE] 56376639 vl 6 Witnessed by: Witness Signature Witness Name (print/type) Witness Signature Witness Name (print/type) Approved as to form: Jason R. Gabriel, City Attorney STATE OF FLORIDA COUNTY OF DUVAL City: CITY OF ATLANTIC BEACH, FLORIDA By: Name: Curtis Ford Title: Mayor ATTEST , City Clerk The foregoing was acknowledged before me via [ ] physical presence or [ ] online notarization, this day of , 2025 by Curtis Ford, the Mayor of the City of Atlantic Beach, Florida, a municipal corporation, on behalf of the corporation, who is [ ] personally known to me or [ ] has produced as identification. [SEAL] Notary Public Signature Print Name: My Commission Expires: 56376639 v 7 Witnessed by. Witness Signature Witness Name (print/type) Witness Signature Witness Name (print/type) STATE OF FLORIDA COUNTY OF Club: BOYS' AND GIRLS' CLUBS OF NORTHEAST FLORIDA, INC., a Florida not-for-profit company BY: Name: Paul Martinez Title: President/CEO The foregoing was acknowledged before me via [ ] physical presence or [ ] online notarization, this day of , 2025 by Paul Martinez, the President of Boys' and Girls' Clubs of Northeast Florida, Inc., a Florida not-for-profit company, who is [ ] personally known to me or [ ] has produced as identification. [SEAL] 56376639 v1 Notary Public Signature Print Name: My Commission Expires: