License Agreement - CCTV Camera Property at Portage Manor Property

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LICENSE AGREEMENT This License Agreement ("License" or “Agreement”) is made and entered into this 13th day of August, 2024, by and between the City of South Bend, Indiana, acting by and through its Board of Public Works ("City"), and St. Joseph County, acting by and through its Board of Commissioners ("County") (each a “Party” and collectively, “Parties”). RECITALS: WHEREAS, the County desires to install CCTV Cameras on City-owned infrastructure (the “Project”) for the purposes of enhancing safety to its property; and WHEREAS, the City shares a common interest with the County to promote safety within the City and for greater public good; and WHEREAS, the City agrees to permit the County and its affiliates and contractors access to City-owned infrastructure to conduct the Project and to perform its other obligations as set forth herein; and NOW, THEREFORE, in consideration of the parties' mutual promises and undertakings, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: AGREEMENT: 1.The Project. The County plans to purchase and install a CCTV camera (“Camera”) upon a City-owned light pole and/or traffic pole (“Light Pole”) adjacent to the Portage Manor property located at 3016 Portage Avenue in South Bend, Indiana. The County shall furnish all labor and materials needed to perform the installation for the Project. The Camera must be reasonable in size and appearance and must be in compliance with all applicable federal, state, and local laws, rules and permit conditions. The County agrees to take full responsibility for the future maintenance and upkeep of the Camera, which includes all tasks such as securing, repair and maintenance, replacement, updating, cleaning and maintaining the entire condition of the Camera. The County shall execute its responsibilities as to the Camera in a good, safe, and workman like manner. Further, the County shall comply with the Indiana Archives and Records Administration (“IARA”) guidelines to maintain and store electronic footage for the period of time proscribed by the IARA, as well as all other applicable mandates required by the IARA. The City shall remain responsible for the maintenance of the Light Pole. 2.Access. The City agrees to grant access to the County for the installation and use of the Camera for its intended lawful purpose provided the County provides the City full access to any recording or related data as set forth under the FUSUS program. The FUSUS program is a new public safety program enabling the people of South Bend to help keep their community safe through the gathering of evidence, including video feed recorded by the Camera. The location is set forth in Exhibit A. 3.Te rm. This License shall be effective upon the execution of the Agreement by the last party to approve said Agreement and continue for such time that either Party terminates the Agreement. The termination of this Agreement will be noticed by providing a thirty (30) day written notice to the other Party. During the Term, the City hereby grants the County a right, and non-exclusive, indefinite license to enter onto and remain upon the Light Pole solely for the purposes set forth herein.