AGREEMENT

This (“AGREEMENT”), executed on the date submitted, is between the City of Boca Raton (“CITY”) and the owner of real property (“OWNER”) located at the address provided by OWNER on its registration form for the CITY’s Connect BRPD portal (“Premises”).

WHEREAS, the CITY, through its Police Services Department (“DEPARTMENT”) is responsible for making efforts to preserve the safety and security of the citizens and property of and within the City of Boca Raton; and

WHEREAS, OWNER owns the Premises, which is located in the City, and also owns and/or operates a security camera system that includes a video storage system, both or either hard drive or cloud based (“System”) for viewing pre-recorded, saved video footage, live video footage, and prior video feeds of the Premises; and

WHEREAS, OWNER desires to allow the CITY, through the DEPARTMENT, to access the System for law enforcement purposes and/or for any other legal purpose; and

WHEREAS, OWNER desires to allow the DEPARTMENT to use the System for either viewing pre-recorded, saved video footage, or actual live video footage (defined collectively as “Live Feeds”) for law enforcement purposes and/or for any other legal purpose, as determined by the DEPARTMENT; and

WHEREAS, access provided by OWNER to the CITY through this Agreement should result in a collaborative relationship between OWNER and the CITY that may assist in providing for safety and security of individuals who are on or near the OWNER’s property and for potential enhanced situational awareness of the CITY and the DEPARTMENT; and

WHEREAS, the CITY and OWNER desire to enter into this Agreement in order to outline their roles and responsibilities and the terms with regard to the CITY’s use of the System.

THEREFORE, in consideration of the premises, mutual promises, and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CITY and OWNER agree as follows:

Obligations and Responsibilities of OWNER
1. Subject to the terms and conditions of this Agreement, OWNER hereby grants to the CITY, through the DEPARTMENT, the right to access the System at no charge for all purposes stated herein.
2. OWNER shall freely and voluntarily allow the DEPARTMENT to access the System at any time the DEPARTMENT wishes to do so in order to access Live Feeds for the purposes of public safety and law enforcement activities, to train and test the System and employees when deemed necessary by the DEPARTMENT, and for a law enforcement purpose, as determined by the DEPARTMENT in its sole discretion.
3. OWNER is responsible for paying all costs associated with acquiring, installing, maintaining, and operating the System, including but not limited to, all costs related to internet connectivity and data storage, as well as for assuring the System is and remains compatible with the DEPARTMENT’s viewing systems, software, hardware, and other requirements (including, but not limited to, storage requirements.)
4. OWNER shall pay all costs associated with providing the DEPARTMENT with access to the System.
5. OWNER shall be responsible for obtaining and maintaining any and all licenses from third parties for the parts of the System owned or provided by OWNER that are necessary for the operation of the System, for permitting the DEPARTMENT to access the System, and for providing for interface or to authorize interface with the DEPARTMENT’s viewing systems, software, and hardware.
6. OWNER will provide the DEPARTMENT with log-in codes, passwords, and security prompted information to access the System as soon as they are available to OWNER after the effective date of this Agreement, and within twenty-four (24) hours following any change or update thereto.
7. Any Live Feed determined by the DEPARTMENT to be of evidentiary or administrative value or potential evidentiary or administrative value may be downloaded from the System by the DEPARTMENT and retained for as long as the DEPARTMENT determines is necessary, with no associated cost.
8. OWNER shall provide the name and contact information to the DEPARTMENT of at least one (1) representative of OWNER who has technical knowledge regarding the System and its operation and who will serve as the primary point of contact with respect to this Agreement.
9. OWNER acknowledges and agrees that its disclosure or release of any Live Feed (through any means, including but not limited to, electronic transmission, traditional print and/or electronic media, including social media), could potentially hinder the DEPARTMENT’s efforts relating to investigation, apprehension, or prosecution of a criminal incident. Therefore, unless otherwise directed by the DEPARTMENT in writing, OWNER agrees that it shall not disclose or release any Live Feeds unless it provides the DEPARTMENT with ten (10) business day advance notice, in writing, and is authorized by the DEPARTMENT, in writing, that it may disclose or release such Live Feed.
10. OWNER understands and acknowledges that any recorded video that is obtained by the DEPARTMENT may be a public record under Florida law or may be exempt from public records according to Florida Statutes.
Obligations and Responsibilities of the CITY
1. Designated personnel of the DEPARTMENT will have the ability to access Live Feeds and shall have sufficient training in the manner for doing so.
2. The CITY will produce copies of Live Feeds in its possession pursuant to the Public Records Act, if required by an order of a court, by subpoena, or to any other party that has a right to access pursuant to applicable law.
3. The DEPARTMENT will provide OWNER with at least one (1) representative who will serve as the primary point of contact with respect to this Agreement.
4. The DEPARTMENT shall make every effort to ensure that its access to the System will be for lawful reasons.
5. The DEPARTMENT may not (and is not obligated in any way or fashion to) monitor Live Feeds from OWNER’S System at any time.
Term; Termination of Agreement; Survival of Termination
1. The effective date ("Effective Date") of this Agreement shall be the day and year this Agreement is accepted and submitted by OWNER through the Connect BRPD portal and shall continue until either the CITY or OWNER terminates the Agreement as set out in the following paragraph.
2. The CITY may terminate this Agreement at any time and for any reason by giving OWNER ten (10) days’ prior written notice. OWNER may terminate this Agreement at any time and for any reason by giving the CITY sixty (60) days’ prior written notice. Upon receipt of either said notice, both parties will work together to remove/deactivate any hardware and/or software to disable the CITY's access to the System within ten (10) days of the termination date.
3. Paragraphs G, H, J and N herein shall survive termination of this Agreement.
OWNER acknowledges, agrees, and understands that this Agreement does not place any obligation on the CITY to view or access Live Feeds at any time. OWNER acknowledges, understands, and agrees that the CITY will not be responsible for actively or passively monitoring the activities occurring at the Premises and that monitoring of the System and DEPARTMENT access may occur only upon a law enforcement incident, activity, or call for service at the Premises or in the vicinity of the Premises.
All hardware, software, and components of the System of OWNER shall remain the property of OWNER. All hardware, software, and/or components of the System provided to OWNER by the CITY shall remain the property of the CITY.
In the event of an incident, crime, or emergency at the Premises, the OWNER acknowledges, understands, and agrees, that the CITY will not be on notice of such an incident, crime, or emergency until such time as it is reported by contacting the DEPARTMENT by calling 911.
OWNER agrees to defend, indemnify and hold harmless the CITY and its elected officials, officers, and employees from any and all causes of action, claims, liabilities, and/or costs that may arise as a result of this Agreement. Nothing herein is intended to serve as a waiver of sovereign immunity or the limits provided for in Section 768.28, Florida Statutes, by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent to be sued by any third parties, in any matter, arising out of this Agreement or any other contract.
The OWNER shall, at its sole cost and expense, maintain in full force and effect a commercial general liability insurance policy. The OWNER shall ensure that this insurance remains continuously in effect throughout the duration of the Agreement.
As indicated above, OWNER shall not receive any compensation from the CITY or the DEPARTMENT for allowing access to the System.
Governing Law and Venue and Waiver of Jury Trial: This Agreement shall be governed and interpreted by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County, Florida. EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
This Agreement is not intended to and does not constitute, create, give rise to, or otherwise recognize a joint venture, partnership, corporation or other formal business association or organization of any kind between the parties. The rights and the obligations of the parties are limited to those expressly set forth in this Agreement. Each party acknowledges that it is not a representative, employee, agent, or partner of any other party. Each party shall be responsible for the negligent acts or omissions of their agents and employees in the performance of their respective obligations under this Agreement. Nothing herein is intended to serve or shall serve as a waiver of the CITY’s sovereign immunity beyond the limits set forth in Sec. 768.28, Florida Statutes.
Whenever either party desires to give notice to the other, the parties designate the following as the respective places for giving of notice. Notice shall be effective upon delivery.

As to OWNER:
OWNER’s address to receive notices is the contact information provided in OWNER’s registration for the CITY’s portal for Connect BRPD.

As To CITY:
City of Boca Raton
City Manager’s Office
201 W. Palmetto Park Road
Boca Raton, FL 33432

With a copy to:
Boca Raton Police Services Department
100 NW Boca Raton Boulevard
Boca Raton, Florida 33432
Attn: Support Services Bureau Commander

Notices shall be effective when delivered to the address specified above. Changes in the respective addresses to which such notice may be directed may be made from time to time by any party by written notice to the other party. Facsimile and email are acceptable notice effective when received, however, facsimiles and emails received (i.e. printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein.
Neither party may assign or transfer all or any portion of this Agreement or the rights and obligations granted hereunder without the prior written consent of the other party.
The CITY is a public agency subject to Chapter 119, Florida Statutes. This Agreement requires OWNER to provide services, and therefore OWNER shall comply with Section 119.0701, Florida Statutes. Specifically, OWNER shall:
1. Keep and maintain all public records related to the performance of the Services.
2. Upon request from the CITY’s custodian of public records, provide the CITY with a copy of the requested records, or allow the records to be inspected or copied within a reasonable time, at a cost that does not exceed that provided in chapter 119, Florida Statutes, or as otherwise provided by law.
3. Ensure that public records that are exempt, or confidential and exempt, from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement.
4. Upon completion or other termination of the Agreement, keep and maintain the public records required by the CITY to perform the Services. OWNER shall meet all applicable requirements for retaining public records set out in Florida law.
5. In addition to maintaining the records pursuant to Paragraph Number 4 above, provide to the CITY all records that were stored electronically by OWNER, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY.
The failure of OWNER to comply with the provisions set forth in this provision, or to comply with the CITY’s request for records, shall constitute a default and breach of this Agreement, and the CITY shall, in its discretion, pursue any and all remedies against OWNER provided for under this Agreement or at law.

IF OWNER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO OWNER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 561-393-7740, BRCITYCLERK@MYBOCA.US, CITY HALL, CITY CLERK, 201 W. PALMETTO PARK ROAD, BOCA RATON, FL 33432.
This Agreement contains the entire understanding between the CITY and OWNER with respect to the subject matter hereof and merges and supersedes all prior and contemporaneous agreements. No modification, alteration, or amendment shall be effective unless made in writing, dated and signed by duly authorized representatives of both parties.
This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written.