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 the undersigned owners of specified property in the [ ] neighborhood of Detroit, individually (“Owner”). DPD, the City, and the Owners are individually referred to as a “Party,” and jointly as “Parties.”
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 effort 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 Participants,” these eight stations all made firm commitments to provide for, install, and maintain 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 monitors the stations’ cameras, allows the stations to leverage the “Project Green Light Detroit” brand, supports the stations through a city-wide media campaign, and organizes 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 Participants,” and to expand its scope to other entities, such as schools, retail, food service establishments, 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 Owners’ participation in the Project Green Light program:
RESPONSIBILITIES OF THE OWNERS
1.1. Cameras. At each Owner’s sole cost and expense, each undersigned Owner, or his or her agent, will provide for, install, and maintain, with the aid of an installer approved by DPD and the City, a set of network-based (i.e., “IP”) surveillance cameras (“cameras”). Each camera will have an AXIS approved SD Card installed in the camera; the Owner will not remove, or cause to be removed, any such SD Card. A business which meets the foregoing criteria shall be referred to as a “Covered Business.” All cameras will at all times meet the following minimum requirements and specifications; provided, however, that DPD and the City may at any time alter the minimum requirements and specifications related to the cameras, including, but not limited to, the exact number of cameras to be maintained:
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 each Covered Business. Cameras positioned outdoors will also be positioned such that they will legibly capture the license plates of automobiles passing through each Owner’s property and on any public right of way adjacent to that property, and such that the cameras are located away from obstructing light sources. Additional cameras, including those positioned indoors, may be added at an Owner’s discretion.
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 Owner’s sole cost and expense, the Owner will provide for a high-speed internet connection for that Owner’s Covered Business(es), capable of consistently producing upload speeds at all times of at least ten (10) megabytes per second. At the Owner’s sole cost and expense, the Owner will also provide for a network switch that will be approved by DPD and the City. Each Covered Business shall have a separate network switch.
1.3. Storage. At the Owner’s sole cost and expense, the Owner will ensure that footage from all cameras at that Owner’s Covered Business(es) is stored on an Axis approved SD/SDHC card, and for at least thirty (30) days via a network-attached storage device (“NAS”) or cloud-based storage that will be compatible with DPD’s surveillance software provider.
1.4. Cloud Subscription. At the Owner’s sole cost and expense, the Owner 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 Owner’s sole cost and expense, each Owner will 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. Each Owner individually will ensure that the external lighting at that Owner’s Covered Business(es) 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, if a variance is requested and with the consent of all Parties, be modified by Appendix A to this MOU. A Covered Business’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. Each Covered Business will be designated, at the sole discretion of DPD and the City, a “Gas Station”, a “Small Parking Lot Entity,” or a “Large Parking Lot Entity.” A “Small Parking Lot Entity” is an establishment that has an uncovered parking area of less than 20 parking spots. A “Large Parking Lot Entity” is an establishment that has an uncovered parking area of more than 20 parking spots. Depending on its designation, the Owner of each Covered Business will ensure that, in all outdoor areas frequented by members of the general public, its external lighting averages a horizontal illuminance level, at grade, according to the following standards:
· For a “Gas Station,” at least twenty (20) footcandles in all outdoor areas;
· For a “Small Parking Lot Entity,” at least fifteen (15) footcandles. The 15 footcandlerequirement is limited to the parking area; the entrance area must maintain a 20 footcandle footprint.
· For a “Large Parking Lot Entity,” at least ten (10) footcandles. The 10 footcandle requirement is limited to the parking area; the entrance area must maintain a 20 footcandle footprint.
External lighting at all other property areas will average a horizontal illuminance, at grade, of at least five (5) footcandles, including at the Covered Business’s property line.
If an Owner believes that its Covered Business maintains adequate lighting, but it does not meet the illumination requirements outlined in this subsection, it may request a variance from DPD. The decision whether to grant a variance will be made by DPD at its sole discretion.
c) Other. All external lighting at each Covered Business will meet ASHRAE/IESNA 90.1 2013 standards. External lighting will be composed of components listed on the DesignLights Consortium Qualified Products List. The light uniformity ratio on each Covered Business’s property will be no greater than four-to-one (4:1).
1.6. Electrical. Each Owner individually will ensure the provision for a supply of electricity that will at all times ensure for the continuous operation of each Owner’s cameras and external lighting.
1.7. Signage. Each Owner individually will provide for, install, and maintain, with the aid of an installer approved by DPD and the City,
one (1) solid vinyl window decal affixed to each side of each door at a Covered Business that is used primarily by the public. The decals will measure 7” by 22” and feature the “Project Green Light Detroit” logo.
1.8. Access. DPD will be permitted to remotely access live and recorded video footage from all cameras at all times.
1.9. Clear View. Each Owner individually will ensure that the windows and doors of each Covered Business are, at all times, not obstructed by objects, fixtures, and signage such that there will be a clear view into, and out from, each Covered Business, as determined by DPD and the City. Each Owner individually 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.
RESPONSIBILITIES OF DPD
2.1. Surveillance. At DPD’s discretion, it will monitor the Owners’ cameras, including, but not limited to, during emergencies and other exigent circumstances. In the event a 9-1-1 call is placed by an Owner of a Covered Business, or an employee at a Covered Business, DPD will make its best effort to monitor the cameras at that Covered Business until DPD deems that the premises are secure. This MOU does not oblige DPD to monitor any Owner’s cameras at any time.
2.2. Meetings. At DPD’s discretion, the Owner, a designated DPD representative, City personnel, and community members may meet to discuss public safety issues concerning the Owner and its surrounding neighborhood.
2.3. Patrols. At DPD’s discretion based on the totality of circumstances, DPD may coordinate visits that may encompass, but are not limited to, the following: entering the Covered Business, signing in at the Covered Business, patrolling parking lots and other parts of a Covered Business, engaging loiterers, and working with Owner’s employees for the purpose of furthering law enforcement efforts.
TERM AND TERMINATION
3.1. On an annual basis, DPD shall make its best efforts to schedule a meeting with the Owner to renew this MOU. Failure to renew the MOU shall be grounds for termination of participation in the Project Green Light partnership. Notwithstanding the foregoing, however, this MOU will remain in existence, with respect to all Parties, until and unless it is superseded by a different agreement, subject to a change in local law, or terminated expressly 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 Owner will immediately remove from a site previously designated a Covered Business any and all signage affiliated with “Project Green Light Detroit,” including the signage described under Article I of this MOU. No changes may be made to this MOU unless agreed to by all Parties.
3.2. Each Covered Business shall be a member of a cluster of Covered Businesses (“Cluster”), as provided in Appendix B. If any one Covered Business withdraws from this MOU, or is terminated from Project Green Light pursuant to Article 3.1, the Owners of the remaining Covered Businesses in that Cluster shall be jointly responsible for maintaining and financing Project Green Light camera coverage, network connections, illumination, and data storage at the formerly covered business in accordance with Article I of this Agreement. If more than one Covered Business in a Cluster withdraws from this MOU, or is terminated as a Green Light Partner pursuant to Article 3.1, the Owners of the remaining Covered Businesses in that Cluster may request from DPD and the City the opportunity to renegotiate the terms and conditions of this MOU as applied to that Cluster.
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 Owner or the Covered Business 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.
APPENDIX A TO MEMORANDUM OF UNDERSTANDING
PROJECT GREEN LIGHT DETROIT AGREEMENT
All Parties hereby agree that the Illumination Requirements provided for in subsection 1.5(b) of the Project Green Light MOU shall be modified to provide that a Covered Business shall not be required to maintain the required horizontal illuminance level in the following areas of its property:
APPENDIX B TO MEMORANDUM OF UNDERSTANDING
PROJECT GREEN LIGHT DETROIT PARTNERSHIP AGREEMENT