MEMORANDUM OF UNDERSTANDING FOR ACCESS TO VIDEO SURVEILLANCE SYSTEMMEMORANDUM OF UNDERSTANDING
This MEMO ,4NDUM D R TANDING (hereinafter "Agreement ") is made and
entered into this (' \ day of 16, by and between Westfield Property Management
LLC, a Delaware limited liability company, in its capacity as agent for the owner of the Shopping
Center, with principal offices at 2049 Century Park East, 41st Floor, Los Angeles, CA 90067
( "Westfield "), and the City of Clearwater Police Department, 645 Pierce Street, Clearwater,
Florida, 33756 (hereinafter "CPD ").
WHEREAS, Westfield manages that certain shopping center commonly known as
Wesffield Countryside, located in Clearwater, Florida (the "Shopping Center"); and
WHEREAS, Wesffield maintains a number of video surveillance systems at the
Shopping Center; and
WHEREAS, during an incident involving an "active shooter" or other incidents involving a
threat to those located at the Shopping Center, it is in the interest of public safety to provide
Clearwater Police officers with immediate access to the video surveillance systems at the
property;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties do hereby agree as follows:
1. During any incident involving an "active shooter," a reported armed individual who poses
a threat to public safety, a missing or abducted minor child, or other significant life- safety event,
Wesffield will, upon the request of CPD and subject to Westfield's legal counsel's approval and
applicable laws, provide access to its video surveillance systems.
2. CPD agrees to the following conditions governing access:
a. CPD shall not access Westfield Countryside video surveillance systems for
routine law enforcement matters, including (but not limited to) attempts to locate
shoplifters, trespassers, or others involved in non - criminal matters;
b. Images viewed or obtained by CPD shall be utilized only for intelligence and /or
situational awareness purposes. CPD will not utilize any video images /clips
obtained from remote access to the Westfield Countryside system for distribution
to the media or other public forums. CPD may distribute images /clips to other
law enforcement agencies as needed for the approved purposes set forth herein.
CPD may utilize a still image or photograph captured from a video segment for
media release when there is a need to notify the public of an ongoing public
safety threat as set forth herein;
c. CPD may request "evidentiary" copies of any viewed video images through
Wesffield Countryside management;
d. Access to the Wesffield Countryside video surveillance systems for the approved
purposes set forth herein will be limited to personnel CPD deems appropriate,
including, but not limited to: CPD S.W.A.T. Team Commanders, the CPD District
Commander, and Communications Center Supervisors;
e. Prior to usage as set forth herein, access to the Westfield Countryside system
must be authorized by a member of the CPD's Management Staff.
f. CPD hereby releases and holds harmless Westfield and its affiliates (including,
without limitation, the owner of the Westfield Countryside shopping center) from
and against any and all loss, liability, damage, cost or expense arising out of or
related to its use of the video surveillance systems as set forth in this Agreement.
Nothing herein shall be deemed a waiver of the provisions contained in Section
768.28, Florida Statutes, or the doctrine of sovereign immunity
3. This Agreement shall be binding upon the parties from the date of full execution hereof
and shall continue in full force and effect until terminated by either party. Either party may
terminate this Agreement by providing written notice of such termination to the other party thirty
(30) days in advance of such termination.
In acknowledgment of the execution of the Memorandum of Understanding, the parties
hereto cause their signatures to be affixed.
Countersigned:
Ct4" Lticr t\titGOS
George N. Cretekos
Mayor
Approved as to form:
Pred-
Robert J urette
Assistant City Attorney
WESTFIELD "- P. AO EMENT, LLC
By: " /
'
y:
Title: /hn Kim
Assistant Scc, Etary
Date:
CITY OF CLEARWATER, FLORIDA
BY: 1/0 AetitvL giAAAL'Y
William B. Horne I1
City Manager
Attest:
L4L ?LWL (- 4.1-e
Rosemarie CaII
City Clerk