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HomeMy WebLinkAbout25595AGREEMENT INFORMATION AGREEMENT NUMBER 25595 NAME/TYPE OF AGREEMENT MIAMI DESIGN DISTRICT ASSOCIATES, LLC & DESIGN DISTRICT MANAGEMENT, INC. DESCRIPTION MEMORANDUM OF UNDERSTANDINGNIDEO ACCESS WITHIN THE MIAMI DESIGN DISTRICT/MATTER ID: 22- 2345/#21 EFFECTIVE DATE April 18, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 4/14/2025 DATE RECEIVED FROM ISSUING DEPT. 5/21/2025 NOTE Memorandum of Understanding Between the City of Miami and Miami Design District Associates, LLC & Design District Management, Inc. For Video Access Within The Miami Design District I. INTRODUCTION THIS MEMORANDUM OF UNDERSTANDING ("MOU"), executed on this date, April 1? , 2025 (the "Effective Date"), between the CITY OF MIAMI hereafter referred to as "CITY" and Miami Design District Associates, LLC, a Delaware limited liability company, its affiliates and subsidiaries and Design District Management, Inc., a Florida corporation (collectively referred to herein as, "MDDA") with its principal address indicated within the Registry portal, the CITY and MDDA each individually referred to as a "Party" and collectively referred to as the "Parties." II. PREAMBLES WHEREAS, the City, by and through its police department, the Miami Police Department ("MPD"), is a law enforcement organization responsible for the preservation of safety and security in the geographic area in which the City has jurisdiction; and WHEREAS, MDDA is an organization operating within the jurisdictional limits of the City; and WHEREAS, this MOU has, as its objective, the collaboration and participation of both organizations for the safety and security of those who are at MDDA's Iocation(s), and for this reason this MOU facilitates the establishment of channels of communication and sharing of video sources that permit the creation and interchange of information, as well as collaboration with the expressed goal of providing enhanced responsiveness and situational awareness for City on behalf of MDDA; and WHEREAS, the missions of the Parties are complementary; NOW THEREFORE, the Parties wish to work together and in compliance with the following clauses: III. GOAL The goal of this MOU is to set forth guidelines for the limited sharing and access of MDDA's video sources with MPD. IV. PURPOSE Subject to the terms and conditions set forth herein, MDDA may grant the City access to those certain cameras located on or about MDDA's properties in the area commonly referred to as the "Miami Design District," as expressly identified and at locations described in Exhibit "A" attached hereto and herein incorporated by reference (the "Camera Registry"). In the case of video integration, video access is granted by MDDA to video sources designated by MDDA, as further described in Exhibit A, that are owned by or under management by MDDA. Cameras shared must also be approved by MPD as appropriate for sharing and deemed useful for purposes of enhanced situational awareness and safety within the Miami Design District and areas surrounding the Miami Design District's Camera Registry location(s). It is not the intention or expectation that MDDA's cameras will be routinely monitored in real-time by the City and/or MPD. Video sharing by MDDA with the City is intended to be done in the spirit of partnership for improved situational awareness and efficiency of law enforcement purpose or emergency response by MPD. Video access given to MPD does not constitute commitment on the part of the City that -video will be viewed in emergencies or when requested by MDDA. MDDA is the sole owner of the video at the time it is created by the cameras deployed on MDDA's property. The fususCORE device is connected to MDDA cameras to act solely as a secure buffered video gateway. It is the means through which MPD accesses video from MDDA cameras for law enforcement or emergency purposes. The City has no access to or custody over video contained on the fususCORE at ANYTIME prior to (A) making a digital request to MDDA for video access via the fususONE software interfacing with the fususCORE and (B) having said request expressly granted in writing (emailed consent from MDDA's authorized designee(s) shall constitute MDDA approval of said request). The purpose of this request is to allow MPD access to the video for law enforcement or emergency purposes and consistent with the level of access granted to the video by the MDDA to MPD. Once the City request is approved by MDDA through fususONE, the video is transferred from the fususCORE into a cloud hosted environment which shall at all times adhere to the FBI's Criminal Justice Information Services (CJIS) standards and complies with applicable laws governing the storage, access, and dissemination of evidentiary data. V. RESPONSIBILITIES OF CITY City's MPD will only access video sources expressly designated by MDDA on the Camera Registry Exhibit (Exhibit A) attached hereto for fusion into MPD's video fususONE software. Subject to the provisions of Chapter 119, Florida Statutes, in no event will the City share access to MDDA's camera views with members of the public, or outside of City, without the written prior notification to MDDA. City will ensure video access is strictly limited to personnel responsible for monitoring the system, and authorized login metadata will be tracked and logged. Finally, City will ensure any employee responsible for video access is trained on system use and security of access. The City will direct any inquiries related to MDDA or MDDA's video sources to the appropriate designee as indicated in Section VIII (the "MDDA Designee"). VI. RESPONSIBILITIES OF MDDA MDDA will provide City at least one point of contact, as indicated below, with a basic understanding of MDDA's inventory and locations of security cameras as may be required for video sharing. Typical configuration should take less than an hour and may require installation of additional hardware at MDDA location(s). MDDA will provide information needed by MPD for the system to operate, including but not limited to, camera make, model, IP address, and camera and/or associated DVR/NVR login information. VII. LIMITATION OF LIABILITY IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS, OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT. VIII. EFFECTIVE DATES AND AMENDMENTS The MDDA Designee for the purposes contemplated in Section V, shall be MDDA General Manager, Andrew Peach (unless and until MDDA may name a replacement MDDA Designee by written notice to the City). This MOU shall take effect upon signing by both Parties and shall remain in effect for a period of five (5) years from the Effective Date unless earlier terminated. Neither party may assign or transfer all or any portion of this MOU without the prior written consent of the other party. The MOU may be renewed at the end of this period by the mutual, prior written agreement by both Parties. The provisions of this MOU may only be amended or waived by mutual written agreement by both Parties. Any Party may terminate this MOU and any related agreement at any time and for any reason, effective immediately, upon the terminating Party's delivery of written notice to the other Party. The individuals signing this MOU on behalf of their respective entities represent and warrant (without personal liability therefor) that upon the signature of each, this MOU shall have been duly executed by the entity each represents. ENTIRETY This MOU, including all annexes and exhibits, embodies the entire and complete understanding and agreement between the Parties and no amendment will be effective unless signed by both Parties. [Signature Page Follows] MIAMI DESIGN DISTRICT ASSOCIATES, LLC a Delaware limited liability company By: Alex Schapiro, Vice President DESIGN DISTRICT MANAGEMENT, INC., a Florida corporation By: Alex Schap! Vice President CITY OF MIAMI 3500 Pan American Drive Miami, FL 33133 ATTEST: APPROVED AS TO FORM AND CORRECTNESS B George K. Wys City Attorney (JCP / 22-2345 - Miami Design District Associates, LLC - City of Miami - Access of Surveillance Camera Feeds) THE CITY OF MIAMI, a municipal Corporation of the State of Florida By: - lT2 an &/Le—k . Arthur Noriega City Manager APPROVED AS TO INSURANCE REQUIREMENTS By: Ann -Marie Sharpe, Director Risk Management Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. EXHIBIT "A" CAMERA REGISTRY Camera # Building View Description 1905 Stardust West N.E. 1 Ave & 41 Street 1805 #2 Paradise Plaza N.E. 41st Street, west view to N.E. 1 Avenue 1805 #1 Paradise Plaza N.E. 41st Street, facing east toward Paseo 1890 #2 Paradise Plaza N.E. 1 Avenue, north of N.E. 41st Street 2045 #1 Museum Garage N.E. 1 Avenue, mid -block between 41st Street &,40th Street 2145 Museum Garage N.E. 1 Avenue, facing south and east toward Stardust East 2401 #2 Sweet Bird South N.E. 40th Street, east view toward N.E. 1 Avenue 171 JBL N.E. 1st Avenue, facing north toward 40th Street 25218 — East City View Garage N.E. 38th Street, facing intersection of N.E. 1 Avenue 2301 Laverne N.E. 39th Street, facing west toward N. Miami Avenue 2304 Laverne N.E. 39th Street, facing east toward N.E. 1 Avenue 608 Melin N.E. 2nd Avenue, facing north toward 41st Street (PTZ) 607 #2 Melin N.E. 2nd Avenue, facing south at 39th Street and east 41 Palm Court (PC4) N.E. 2nd Avenue, facing north at mid -block between 38th and 39th St. 52 #2 Palm Court (PC5) N.E. 38th Street, facing east toward N.E. 2nd Avenue 81 Camera 4 Palm Court (PC1) N.E. 1st Avenue, facing south toward 38th Street 81 Camera 2 Palm Court (PC1) N.E. 1st Avenue, facing north toward 39th Street 255 City View Garage N.E. 38th Street, facing west toward N. Miami Avenue 304 Penny Lane N.E. 38th Street at N.E. Miami Court, facing west toward N. Miami Ave 1606 #1 Jade N.E. 41st Street, facing west toward Paseo 1606 #2 Jade N.E. 41st Street, facing east toward N.E. 2nd Avenue 177a JBL N.E. 1st Avenue, facing north toward 40th Street 177 JBL N.E. 1st Avenue, facing south toward 39th Street 2090 Museum Garage N.E. 41st Street, facing east toward N.E. 1st Avenue 1815 Paradise Plaza N.E. 41st Street, facing west from the north side toward N.E. 1 Ave 2207 Lee Building N.E. 41st Street, facing east to N.E. 2 Avenue 2211 #1 Lee Building N.E. 2 Avenue and 42nd Street 1874 #2 Paradise Plaza N.E. 42nd Street, west of N.E. 2 Avenue 605 Melin Building N.E. 39th Street, west of N.E. 2 Avenue 1529 Bridge North Bldg. N.E. 41st Street, mid -block between N.E. 1st and 2nd Avenue