License Agreement - Security Cameras – University of Notre Dame du Lac

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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 the University of Notre Dame du Lac, an Indiana nonprofit corporation ("University") (each a “Party” and collectively, “Parties”). RECITALS: WHEREAS, the University desires to install CCTV Cameras on City-owned infrastructure (the “Project”) for the purposes of enhancing safety to its student body and aiding campus security; and WHEREAS, the City shares a common interest with the University to promote safety within the City and for greater public good; and WHEREAS, the City agrees to permit the University 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 University plans to purchase and install CCTV cameras (“Cameras”) upon City- owned light poles and/or traffic poles (“Light Poles”) at intersections within the City. The University shall furnish all labor and materials needed to perform the installation for the Project. The Cameras 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 University agrees to take full responsibility for the future maintenance and upkeep of the Cameras, which includes all tasks such as securing, repair and maintenance, replacement, updating, cleaning and maintaining the entire condition of the Cameras. The University shall execute its responsibilities as to the Cameras in a good, safe, and workman like manner. Further, the University 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 Poles. 2.Access. The City agrees to grant access to the University for the installation and use of the Cameras for its intended lawful purpose provided the University 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 Cameras. The locations are set forth in Exhibit A. The City agrees that the University may seek future Camera installations on City property through the submission of a letter to the City’s Board of Public Works notifying the City of its intent, the location and confirming that such recordings and data shall be shared in a manner consistent with the FUSUS program. The City shall not withhold its approval without reasonable basis. 3.Te rm. This License shall be effective as of August 31, 2024 and continue for such time that either Party terminates the Agreement. The termination of this Agreement will be noticed by providing a thirty (30)