MEMORANDUM OF UNDERSTANDING
QUEEN CREEK POLICE PARTNERSHIP AGREEMENT

This Memorandum of Understanding (“MOU”) is made and entered into as of this ______ day of _____________________ 20___, by and between the Town of Queen Creek, Queen Creek Police Department (hereinafter referred to as “QCPD”), and Business Name (hereinafter referred to as “Business”). QCPD and Business shall hereinafter be referred to as a “Party” and jointly as “Parties.”

RECITALS

WHEREAS, Business has agreed to become a community partner with QCPD in an effort to improve Queen Creek’s quality of life and to defend the community;

WHEREAS, QCPD and Business recognize the important role of public and community relationships in providing effective public safety measures; and

WHEREAS, QCPD and Business further recognize that technological advancements offer the ability to provide real time intelligence to police officers responding to crisis situations; and

WHEREAS, QCPD and Business agree that it is in the best interests of the community and all people involved that immediate and precise intelligence be provided to responding emergency public safety personnel, in order to ensure an accurate and effective response; and

WHEREAS, Business desires to assist QCPD by providing access to its surveillance systems.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. Business shall authorize QCPD to access their surveillance systems in both real time and with the ability to access available older recordings for documented investigative purposes.

2. Business will provide access on its premises and via internet services that will enable QCPD to view and use the video.

3. Business authorizes QCPD to access all cameras located on its property.

4. Business authorizes QCPD to review only that recorded video which is applicable to the collection of real time intelligence and is deemed reasonable by QCPD based on the situation.

5. Business reserves the right and has sole discretion to approve or disapprove the recording of any video reviewed by QCPD.

6. It is understood by Business that QCPD is not a monitoring service and may or may not access the cameras located at the business in the event of an alarm. QCPD, in its reasonable discretion, may access the cameras and proactively monitor, when an inprogress call for service is initiated by a citizen or police employee.

7. It is not the intention or expectation that Business’s cameras will be routinely monitored in real-time by QCPD.

8. Video sharing by Business with QCPD is intended to be done in the spirit of partnership for improved situational awareness and efficiency of law enforcement purpose or emergency response by QCPD. Video access by QCPD does not constitute commitment on the part of QCPD that video will be viewed in emergencies or when requested by Business.

9. The parties acknowledge that QCPD may be subject to certain laws or ordinances which require disclosure of recordings obtained by QCPD to the public and Business agrees that certain materials may be disclosed as required by law, pursuant to lawful requests.

10. This MOU shall take effect upon signing by both Parties and shall remain in effect for a period of five (5) years from that 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.

11. The MOU may be renewed at the end of this period by mutual written agreement by both Parties.

12. The provisions of this MOU may only be amended or waived by mutual written agreement by both Parties.

13. Business may terminate this Agreement, with or without cause and/or at its convenience by giving QCPD thirty (30) calendar days written notice of intent to terminate.

14. QCPD may terminate this agreement by giving Business thirty (30) calendar days written notice of intent to terminate.

15. Neither this Agreement nor any provisions hereof may be waived, modified, amended, discharged or terminated (except as provided herein), except by an instrument in writing signed by all of the parties to this Agreement.

16. The Parties shall comply with all federal, state, county, municipal and other government statutes, ordinances, laws and regulations now or hereafter enacted or amended related other subject matter of this Agreement.

17. Business shall not be considered and agent or division of the Town of Queen Creek or .

18. This Contract shall be effective as of the date set forth above and shall remain in full force and effect for a period of five years from the above date, and may be extended for four (4) additional one (1) year periods with the written consent of the Parties and in accordance with Section 10, above.

19. Business warrants, to the extent applicable under A.R.S. § 41-4401, compliance with all federal immigration laws and regulations that relate to its employees as well as compliance with A.R.S. § 23-214(A) which requires registration and participation with the E-Verify Program.

20. Neither Party may discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran status or any disability.

21. 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

This Agreement, including all Annexes, embodies the entire and complete understanding and agreement between the Parties and no amendment will be effective unless signed by both Parties.

22. Notices under this contract shall be mailed to:

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the date indicated below.