This MEMORANDUM OF UNDERSTANDING (“MOU”) is made and entered into among ("Business/Owner Name") (the “BUSINESS”), a Georgia nonprofit corporation, the ATLANTA POLICE FOUNDATION, INC. (the “Foundation”), a Georgia nonprofit corporation, and the CITY OF ATLANTA (the “City”), a municipal corporation created under Title 36 of the O.C.G.A.
WHEREAS, BUSINESS operates a system of surveillance cameras utilized for the BUSINESS's own purposes, which are located at the facilities of the BUSINESS, ("Address"), and enable visual monitoring of its premises, including exterior public access areas; and
WHEREAS, the City desires, for public safety purposes, access to real-time, visual image data collected by the BUSINESS’s system of surveillance cameras specific to certain exterior public access areas, and from time to time, recorded data collected from that system; and
WHEREAS, BUSINESS wishes to share this visual image data to assist the City for public safety purposes, and WHEREAS, the City, the Foundation and BUSINESS (the “Parties”) entering into this MOU setting forth the
Parties’ understanding of certain terms and conditions relating to the sharing of the visual image data; and
NOW 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 Parties hereby agree as follows:
TERMS AND CONDITIONS
Article 1: Definitions
1.1 The phrase “BUSINESS Surveillance System” means a system of surveillance cameras owned and/or controlled by the BUSINESS which are located on real property occupied by the BUSINESS and enable visual monitoring of the Premises, including exterior public access areas of the Premises.
1.2 The term “Implementation” means the integration of the BUSINESS Surveillance System with the Atlanta Public Video Integration Center in order to permit access of the Public Access VID by the City and effectuate the City Rights.
1.3 The term “Premises” means the facilities of the BUSINESS located at ("Address").
1.4 The phrase “Public Access VID” means access to real-time, visual image data collected by the BUSINESS Surveillance System specific to the exterior public access areas of the Premises.
1.5 The phrase “Atlanta Public Video Integration Center” means that facility owned and/or operated by the City and responsible for the operation of the City Surveillance System.
1.6 The term“ Term” means a period commencing on the date of full execution of this MOU andc ontinuing for a term of five (5) years, unless earlier terminated as provided herein.
Article 2: Rights of the Parties:
Subject to the terms and conditions of this MOU, the BUSINESS hereby grants to the City the right of reasonable access to the Public Access VID, at no charge, with the extent of coverage of such Public Access VID to be mutually agreed upon by the BUSINESS and the City, for the Term of this MOU, and during any future extensions of this MOU, for the purposes specified herein (the “City Rights”). The City acknowledges and agrees that the City Rights shall be limited to access to the Public Access VID for public safety purposes only. Scheduling of such access shall be reasonably determined by the BUSINESS at its sole and absolute discretion, taking into account the BUSINESS’s operations, the requested duration and scope of such access, and other applicable considerations not inconsistent with the BUSINESS’s mission. However, recognizing the public safety purposes of this Agreement, BUSINESS shall reasonably comply with City’s request for said access.
Article 3: BUSINESS agrees to the following:
With regard to the Public Access VID:
A. BUSINESS shall appoint and identify to the City at least one (1) BUSINESS representative who has knowledge regarding the BUSINESS Surveillance System and who will serve as the BUSINESS's primary point of contact with respect to this MOU. Until further notice, the BUSINESS's designated representative is the Business’s V.P. of Operations and Infrastructure.
B. The BUSINESS shall provide the City with an emergency contact protocol and contact persons.
Article 4. The Parties agree to the following:
4.1 Parties shall collaborate in providing each other necessary video surveillance system specifications in order to achieve the Implementation.
4.2 The City shall bear the cost of the Implementation.
4.3 Unless otherwise provided in this MOU, each Party shall bear its own costs in relation to this MOU. Expenditures by the City and the BUSINESS will be contingent on necessary funding and subject to applicable budgetary processes and the availability of funds pursuant to applicable laws and regulations. Neither the State, nor the City, nor any other governmental body is required to appropriate or otherwise allocate funds for such expenditures, and the parties agree that this MOU shall terminate automatically and without further action of the parties in case such funds are not available for such purposes.