Partnership Agreement

MEMORANDUM OF UNDERSTANDING
PROJECT GREEN LIGHT DETROIT PARTNERSHIP AGREEMENT

This Memorandum of Understanding (“MOU”) is made and entered into as of [Date] by and among the City of Detroit Police Department (“DPD”), the City of Detroit acting by and through its Office of the Mayor (“City”), and [Corporate Name of entity] (“Entity”). DPD, the City, and the Entity are individually referred to as a “Party” and jointly as “Parties.”

RECITALS

A.    As historical data indicates, a sizable amount of criminal activity in Detroit takes place at businesses open late into the evening. In the first half of 2015, for instance, approximately 25% of violent crimes in Detroit reported between 10PM and 8AM took place within 500 feet of a gas station. In light of these and other statistics, on January 1, 2016, DPD and the City launched “Project Green Light Detroit,” a public-private-community partnership centered on developing real-time surveillance connections between DPD and local businesses. 
 
B.    “Project Green Light Detroit” launched with a pilot cohort of eight gasoline stations. As “Project Green Light Detroit Partners,” these eight stations all made firm commitments to providing for, installing, and maintaining high-quality cameras, robust lighting, and numerous pieces of “Project Green Light Detroit” signage, in addition to fulfilling other requirements in line with those set out in this MOU. In return, DPD committed to monitoring the stations’ cameras, granting the stations “special attention,” allowing the stations to leverage the “Project Green Light Detroit” brand, supporting the stations through a city-wide media campaign, and regularly organizing public safety meetings for the stations with community groups and DPD and City personnel.

C.    Looking forward, DPD and the City intend to increase the number of “Project Green Light Detroit Partners,” and to expand its scope to other entities, such as schools, multi-family dwellings, and mixed-use developments.  In so doing, DPD and the City aim to improve neighborhood safety, promote the revitalization and growth of local businesses, and strengthen DPD’s efforts to deter, identify, and solve crime.

D.    With the foregoing goals in mind, the Parties will enter into this MOU outlining the inclusion of the Entity as a “Project Green Light Detroit Partner.”

 

ARTICLE I
RESPONSIBILITIES OF THE ENTITY

1.1.    Cameras. At the Entity’s sole cost and expense, the Entity will provide for, install, and maintain, with the aid of an installer approved by DPD and the City, a set of at least four (4) network-based (i.e., “IP”) surveillance cameras (“cameras”), the exact number of which to be determined by DPD and the City, that will at all times meet the following minimum requirements and specifications:

a)    Coverage. All cameras will be positioned as determined by DPD and the City. Cameras positioned outdoors will cover all areas generally accessible by the public on and near the Entity’s property. Cameras positioned outdoors will also be positioned such that they will legibly capture the license plates of automobiles passing through the Entity’s property and such that the cameras are located away from obstructing light sources. Among the cameras positioned indoors, at least one (1) will directly face all regularly used entrances of the Entity from the inside.

b)    Resolution. All cameras will produce a resolution of at least 1080p.

c)    Visibility. All cameras will produce clear videos with discernible images under all lighting conditions at all times of the day and night. All cameras will possess wide dynamic range capabilities, and support both normal and low light environments.

d)    Durability. All cameras will be encompassed by IP66-rated encasing.

e)    Hardware. All cameras will feature RJ45 connectors, physical slots for SD/SHDC storage cards, and edge storage capabilities.

f)    Brand and Model. All cameras will be manufactured by brands compatible with DPD’s surveillance software provider. All camera brands and models will be approved by DPD and the City.

1.2.    Network. At the Entity’s sole cost and expense, the Entity will provide for a high-speed internet connection capable of consistently producing upload speeds at all times of at least ten (10) megabytes per second. At the Entity’s sole cost and expense, the Entity will also provide for a network switch that will be approved by DPD and the City.

1.3.    Storage. At the Entity’s sole cost and expense, the Entity will ensure that footage from all cameras is stored for at least 30 (thirty) days via a network-attached storage device (“NAS”) or cloud-based storage that will be compatible with DPD’s surveillance software provider. The NAS will utilize two continuous duty hard drives, each containing at least three (3) terabytes of storage space. At the Entity’s discretion, the Entity may provide back-up onsite storage through SD/SDHC storage cards.

1.4.    Cloud Subscription. At the Entity’s sole cost and expense, the Entity will continuously provide for any cloud-related subscription services required to connect the cameras to DPD’s surveillance software provider. 

1.5.    Lighting. At the Entity’s sole cost and expense, the Entity will provide for, install, and maintain external lighting, with the aid of an installer approved by DPD and the City,  that will at all times meet the following minimum requirements, standards, and specifications, unless otherwise agreed to by the Parties:

a)    Illumination Generally. The Entity’s external lighting will fully and continuously illuminate all property areas generally accessible by the public in accordance with the footcandle requirements set under subsection (b) below; provided, however, that the illumination requirements set under subsection (b) may, with the consent of all Parties, be modified by Appendix A to this MOU. The Entity’s external lighting will provide sufficient lighting so that all cameras produce clear videos with discernible images at all times of the day and night.

b)    Illumination Requirements. The Entity will ensure that its external lighting averages a horizontal illuminance level, at grade, of at least twenty (20) footcandles and no more than thirty (30) footcandles at all property areas frequented by members of the general public. The Entity will ensure that its external lighting at all other property areas averages a horizontal illuminance, at grade, of at least five (5) footcandles, including at the Entity’s property line. The Entity will ensure that its lighting at the property line will be continuous at all points.

c)    Other. The Entity’s external lighting will meet ASHRAE/IESNA 90.1 2013 standards. The Entity’s external lighting will be composed of components listed on the DesignLights Consortium Qualified Products List. The light uniformity ratio on the Entity’s property will be no greater than four-to-one (4:1).

1.6.    Electrical. At the Entity’s sole cost and expense, the Entity will provide for a supply of electricity that will at all times ensure for the continuous operation of all the Entity’s cameras and external lighting.

1.7.    Signage. At the Entity’s sole cost and expense, the Entity will provide for, install, and maintain, with the aid of an installer approved by DPD and the City, the following external signs and fixtures:

a)    Green Light. The Entity will provide for, install, and maintain one (1) steady-burn green light for external placement in a location visible from passerby vehicles.

b)    Wall Sign. The Entity will provide for, install, and maintain one (1) aluminum sign affixed to the Entity’s exterior wall in a location visible to the general public. The sign will measure 18” by 24” and feature the “Project Green Light Detroit” logo.

c)    Flag Signs. The Entity will provide for, install, and maintain a set of aluminum two-sided flag signs, the exact number of which to be determined by DPD and the City, affixed to the Entity’s exterior walls in locations visible to the general public. The signs will measure 12” by 18” and feature the “Project Green Light Detroit” logo on both sides.

d)    Door Decals. The Entity will provide for, install, and maintain one (1) solid vinyl window decal affixed to each side of the Entity’s main entrance doors. The decals will measure 7” by 22” and feature the “Project Green Light Detroit” logo.

e)    Generally. The specifications and installation locations of the green light and all other signage relating to the Entity’s partnership with DPD, including, but not limited to, all signage expressly discussed in this MOU and all other signage featuring the text “Project Green Light Detroit” or the “Project Green Light Detroit” logo and related trade dress, will be approved by DPD and the City.

1.8.    Access. The Entity will allow DPD to remotely access live and recorded video footage from all cameras at all times.

1.9.    Clear View. The Entity will ensure that its windows and doors are, at all times, not obstructed by objects, fixtures, and signage such that there will be a clear view into, and out from, the Entity, as determined by DPD and the City. The Entity will also ensure that there are no obstructing objects, fixtures, and signage limiting the views of any cameras, or the presentation of any signage, provided for under this MOU.

 

 

ARTICLE II
RESPONSIBILITIES OF DPD

2.1.    Surveillance. At DPD’s sole cost and expense, DPD will ensure that it has the requisite staff, technology, and network capabilities to adequately monitor the Entity’s cameras, including, but not limited to, during emergencies and other exigent circumstances. In the event a 9-1-1 call is placed by the Entity to DPD, DPD will make its best effort to continuously monitor the Entity’s cameras until DPD deems that the premises are secure. This MOU does not oblige DPD to monitor the Entity’s cameras at any time. 

2.2.    Meetings. DPD will coordinate regular meetings between the Entity and a Precinct Captain designated by DPD. DPD will also coordinate regular meetings between the Entity, the Chief of Police or the Chief’s designee, City personnel, and community members. The purpose of these meetings will be to ensure that public safety issues concerning the Entity and its surrounding neighborhood are being adequately addressed.

2.3.    Patrols. At the request of the Entity based on factors such as the presence of loitering or other criminal activity, DPD will coordinate “special attention” visits that may encompass, but are not limited to, the following: entering into the Entity, signing in at the Entity, patrolling parking lots and other parts of the Entity’s property, engaging loiterers, and working with Entity employees for the purpose of furthering law enforcement efforts.

ARTICLE III
TERM AND TERMINATION

3.1.    This MOU will remain in existence, with respect to all Parties, unless superseded by a Definitive Agreement, subject to a change in local law, or terminated by any Party. Any Party may terminate this MOU without cause with thirty (30) days’ written notice. DPD and the City may terminate this MOU with cause so long as reasonable notice is given. In the event this MOU is terminated, the Entity will immediately remove any and all signage affiliated with “Project Green Light Detroit,” including the light and signage described under Article I of this MOU. No changes may be made to this MOU unless agreed to by all Parties.

 

 

ARTICLE IV
MISCELLANEOUS

4.1.    Disclaimers. This MOU does not create a joint venture or legal partnership among the Parties. No Party has the authorization or right to bind any other Party to any obligation without such Party’s express written consent. This MOU does not make the Entity a state actor or a non-state actor acting under the color of law. The purpose of this MOU is to assist the Parties in coordinating their activities by providing a written memorandum of their intentions stated in good faith and with as much accuracy as possible. It is not the intent of the Parties that this document will constitute a contract or provide the basis for a legal claim by any Party. Any obligations under this MOU requiring approval by the City Council are contingent on the approval of the City Council.

4.2.    Assignment and Subcontracts. No Party will have the right, power, or authority to assign this MOU, or any portion of this MOU, or to delegate or subcontract any of its duties or obligations arising hereunder, either voluntarily or involuntarily, or by operation of law, without the prior written approval of the other Parties.