HomeMy WebLinkAboutAGR-7690 - ORANGE CITY MILLS LIMITED PARTNERSHIP - INSTALLATION OF ALPR FLOCK SAFETY AUTOMATIC LICENSE PLATE DETECTOR AT THE OUTLETS AT ORANGE - XRF_ AGR-7668AGR-7IogO
Memorandum of Understanding
This Memorandum of Understanding("MOU") is between the City of Orange Police Department("Agency")
and Orange City Mills Limited Partnership ("Owner"), owner of The Outlets at Orange located in Orange,
California (the"Property").
Term: The effective date ("Effective Date") of this MOU shall be the last date that this MOU is executed
either by the Agency or Owner. This MOU shall begin as of the Effective Date and shall continue for one
1)year, unless otherwise terminated as provided herein.This MOU will automatically renew for successive
one(1)year terms unless either party terminates this MOU as provided herein.
Project Scope:Agency purchased one(1)Flock Safety Automatic License Plate Detector("ALPR")that will be
installed at the Property. The location of the ALPR must be approved in advance by Owner.
Access to Rights to Flock Services: Subject to the terms and conditions contained in this MOU, Flock
Group, Inc ("Flock") has granted to Agency a non-exclusive, non-transferable right to access the features
and functions of the Flock Services during the Term (as defined above),solely for use by Authorized Users.
For purposes of this MOU, "Authorized Users" will mean employees, agents, or officers of Agency
accessing or using the Flock Services.Agency acknowledges and agrees that Agency shall be responsible for all
acts and omissions of Authorized Users, and any act or omission by an Authorized User which would constitute a
breach of this MOU,shall be deemed a breach of this MOU by Agency.Agency shall undertake reasonable efforts to
make all Authorized Users aware of the provisions of this MOU as applicable to such Authorized User's use of the Flock
Services and shall cause Authorized Users to comply with such provisions.With the limited exception of traffic volume
counts,Owner will not have access to any data obtained by the ALPR.
Owner agrees to:
Allow employees of Flock and Agency access to the Property at an agreed upon time for installing,
maintaining, repairing, troubleshooting the ALPR. Owner shall not be responsible for any damage
or loss to the ALPR.
Agency agrees to:
Agency will maintain communication with Owner during the Term for all purposes stated in this
MOU.
Upon request,Agency will provide Owner with traffic volume numbers from the ALPR located on
the Property.
Agency will provide periodic updates to Owner on relevant crime statistics to assess the
effectiveness of the program.
No third-party beneficiaries: Nothing in this MOU, express or implied, is intended to give to, or will be
construed to confer upon, any person or entity not a party to any remedy or claim under or by reason of
this MOU and this MOU will be for the sole and exclusive benefit of each party.
Termination for convenience: Either party may terminate this MOU for convenience by giving thirty(30)
days' prior written notice. Upon expiration or termination of this MOU,Agency agrees to remove the ALPR
from the Property upon Owner's request and agrees to repair all damage caused by such removal.
Remainder of Page Intentionally Blank
Owner: Agency:
Orange City Mills Limited Partnership, a Delaware City of Orange Police Department
limited partnership
By: Orange City Mills Mall GP, L.L.P., a Delaware
limited liability company, its general partner
By: Simon-Mills II, LLC, a Delaware limited liability
company, its manager
y. By:
Printed Name: Printed Name: 6hrvAs C. ‹i5eL—
Title: Title: CAlav gPX
ATTEST:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mike Vigliotta, City Attorney
By: cgc&e&-)
Nathalie Adourian
Senior Assistant City Attorney