MEMORANDUM OF UNDERSTANDING CAMERA REGISTRY AND VIDEO INTEGRATION

I. PARTIES AND EFFECTIVE DATE

This Memorandum of Understanding (“MOU”) is entered into between the City of Carlsbad, New Mexico, a municipal corporation (“City”), acting through the Carlsbad Police Department, and ______________________________ (“Partner”). The City and Partner may be referred to individually as a “Party” and collectively as the “Parties.” This MOU becomes effective on the date of the last signature below (“Effective Date”).

II. PURPOSE AND GOAL

The purpose of this MOU is to establish the terms under which Partner may voluntarily register the locations of surveillance cameras with the City and/or permit the City to access video sources designated by Partner for legitimate law-enforcement, public-safety, emergency-response, investigative, or evidentiary purposes.

Nothing in this MOU expands the City’s legal authority to obtain, access, use, retain, or disclose information. All City access and use shall remain subject to applicable law and City policy.

III. CAMERA REGISTRY AND VIDEO INTEGRATION

Camera Registry. Partner may provide the City with the location of surveillance cameras owned, operated, or lawfully controlled by Partner. Registration of a camera does not itself provide the City with live or recorded video access.
Video Integration. Partner may voluntarily designate particular video sources for integration with the City’s video-management or video-fusion system. Only video sources designated by Partner and accepted by the City will be integrated.
Partner Control. Except for copies of video or other records lawfully obtained by the City, Partner retains control of its cameras, recording equipment, and underlying surveillance system. Partner may modify or discontinue future shared access, subject to reasonable technical requirements for implementing the change.
No Routine Monitoring. The Parties acknowledge that Partner’s cameras are not expected to be routinely or continuously monitored in real time by the City. Registration or integration does not constitute a commitment that City personnel will view a camera, recording, alert, or other information at any particular time.

IV. CITY ACCESS AND USE

The City may access integrated video only for legitimate law-enforcement, public-safety, emergency-response, investigative, evidentiary, training, testing, system-security, or other lawful governmental purposes reasonably related to operation of the program.
Access shall be limited to authorized personnel. The City will use reasonable administrative and technical safeguards appropriate to the system, including access controls and available system logging.
City personnel authorized to use the system shall receive appropriate instruction or training concerning system operation, authorized use, and security.
The City will not knowingly provide members of the public with direct access to Partner’s live camera feeds or system credentials. This restriction does not limit disclosure of City records or information when disclosure is authorized or required by applicable law, subpoena, court order, discovery obligation, or other lawful process.

V. PARTNER RESPONSIBILITIES

Partner represents that it owns, operates, or otherwise has lawful authority to register or share the designated cameras and video sources.
Partner will identify at least one point of contact familiar with its surveillance system and will provide information reasonably necessary to establish and maintain authorized integration.
Partner is responsible for the installation, operation, maintenance, positioning, and lawful use of Partner’s cameras and surveillance equipment unless the Parties separately agree otherwise in writing.
Partner shall promptly notify the City of material changes that may affect authorized integration, including discontinuation of a shared camera or suspected compromise of credentials or equipment used for integration.

VI. CREDENTIALS AND INFORMATION SECURITY

The Parties will use secure integration methods reasonably available for the system. The City will not request or retain unnecessary administrator credentials. To the extent credentials, network information, security configurations, or similar sensitive information must be exchanged, each Party shall use reasonable safeguards to protect such information from unauthorized access or disclosure, subject to applicable law.

VII. OWNERSHIP, CITY RECORDS, RETENTION, AND DISCLOSURE

Partner retains ownership of Partner’s cameras, surveillance system, and original recordings maintained solely within Partner’s system.
The City does not obtain custody or control of a recording merely because the recording is capable of being accessed through an integrated system. When the City affirmatively obtains, downloads, transfers, creates, or maintains a copy of video or related information, that copy may become a City record and shall be managed by the City in accordance with applicable law, evidentiary requirements, litigation holds, records-retention requirements, and City policy.
Nothing in this MOU authorizes Partner to require the City to withhold, return, delete, or destroy a City record contrary to applicable law, a court order, discovery obligation, evidentiary requirement, litigation hold, or records-retention requirement.
The City will respond to requests for City records in accordance with applicable law. Nothing in this MOU constitutes a promise that information supplied by Partner will be confidential or exempt from disclosure.

VIII. NO DUTY TO MONITOR OR RESPOND

Partner acknowledges that participation in the camera registry or video-integration program does not create or enlarge any duty of the City. The City does not undertake or guarantee continuous monitoring, detection of criminal or hazardous activity, dispatch of personnel, prevention of injury or property loss, maintenance of Partner’s equipment, uninterrupted system availability, or any particular response time. The City retains discretion regarding the deployment of personnel and law-enforcement or emergency resources.

IX. COSTS AND FINANCIAL OBLIGATIONS

Each Party shall bear its own costs associated with this MOU unless otherwise agreed in a separate writing duly authorized by the Parties. This MOU does not obligate the City to purchase equipment or services, appropriate or expend funds, reimburse Partner, or enter into any agreement with a particular vendor.

X. LIABILITY; PRESERVATION OF IMMUNITIES AND DEFENSES

Each Party shall be responsible for its own acts and omissions and those of its officers, employees, agents, or contractors to the extent provided by applicable law.
Nothing in this MOU shall be construed as a waiver of any immunity, defense, limitation of liability, notice requirement, damages limitation, or other protection available to the City, its officers, or its employees under the New Mexico Tort Claims Act, the New Mexico Civil Rights Act, other applicable law, or any other legal doctrine.
Nothing in this MOU creates a cause of action or remedy that would not otherwise exist.

XI. RELATIONSHIP OF THE PARTIES; NO THIRD-PARTY BENEFICIARIES

The Parties are independent entities. Nothing in this MOU creates a partnership, joint venture, agency, employment relationship, special relationship, or fiduciary relationship between the Parties. This MOU is for the benefit of the Parties only and creates no rights in any third party.

XII. COMPLIANCE WITH LAW

Each Party shall perform its responsibilities under this MOU in accordance with applicable federal, state, and local law. Nothing in this MOU requires either Party to take an action prohibited by law.

XIII. TERM; SUSPENSION; TERMINATION

This MOU shall remain in effect for one (1) year from the Effective Date and shall automatically renew for successive one-year periods unless either Party gives written notice of nonrenewal or termination.
Either Party may terminate this MOU at any time, with or without cause, by written notice to the other Party.
The City may immediately suspend access to any camera or integration when reasonably necessary for legal, security, technical, operational, or policy reasons.
Termination ends future access authorized solely by this MOU but does not require the City to return, delete, or destroy records previously and lawfully obtained when retention is authorized or required by applicable law, evidentiary requirements, litigation hold, court order, discovery obligation, records-retention requirement, or City policy.

XIV. NOTICES

Notices under this MOU shall be in writing and delivered personally, by recognized delivery service, by United States mail, or by electronic mail to the representatives designated below, or to any replacement representative identified by written notice.

XV. GOVERNING LAW AND VENUE

This MOU shall be governed by the laws of the State of New Mexico. To the extent venue is properly applicable to a dispute arising from this MOU, venue shall lie in a court of competent jurisdiction in Eddy County, New Mexico.

XVI. ASSIGNMENT

Neither Party may assign or transfer its rights or obligations under this MOU without the prior written consent of the other Party.

XVII. AMENDMENT; WAIVER; SEVERABILITY

This MOU may be amended only by a written instrument executed by authorized representatives of both Parties. A waiver of any provision on one occasion does not constitute a continuing waiver. If any provision is held invalid or unenforceable, the remaining provisions shall remain in effect to the fullest extent permitted by law.

XVIII. ENTIRE AGREEMENT

This MOU constitutes the entire understanding of the Parties concerning its subject matter and supersedes prior oral or written understandings concerning that subject matter. No representation, promise, or agreement concerning the subject matter of this MOU is binding unless contained in this MOU or in a subsequent written amendment executed by authorized representatives of both Parties.

XIX. AUTHORITY; COUNTERPARTS; ELECTRONIC SIGNATURES

Each person signing this MOU represents that the person is authorized to execute it on behalf of the identified Party. This MOU may be executed in counterparts and by electronic signature, each of which shall be treated as an original and all of which together constitute one instrument.