HomeMy WebLinkAboutThe Regents of the University of California and Scripps Institution of Oceanography; 2025-06-01;1
Memorandum of Understanding
Between
The Regents of the University of California, Scripps Institution of Oceanography, the
City of Carlsbad and the Carlsbad Municipal Water District
This Memorandum of Understanding (“MOU”) is entered into by and between the
Regents of the University of California, UC San Diego, Scripps Institution of
Oceanography, a University of California campus ( “Scripps”), the City of Carlsbad, a municipal corporation (“City”), and the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, California ("CMWD"), for the purposes of obtaining, installing, monitoring, and
maintaining a network of fire cameras. Scripps, City and CMWD may be referred to
individually as “Party” and collectively as “Parties.” This MOU has been created to clearly define the roles and expectations for Scripps, City and CMWD.
I.Background
In collaboration with corporate entities and public agencies, Scripps has established fire camera networks throughout California and now would like to improve the network in the City of Carlsbad. Subject to obtaining any required federal, state or local permits and any required authorization from property owners, Scripps plans to install additional cameras
in the City of Carlsbad and related equipment and Scripps will incorporate them into the
existing camera network.
First responders (e.g., City of Carlsbad Fire Department and Police Department, Sheriff, and CAL FIRE) would have priority in using and manipulating the cameras within their
respective jurisdictions. Scripps would also have control to manipulate the cameras (e.g.,
live view) but would defer priority to first responders. Control of the cameras and priority will be addressed at camera workshops provided by Scripps. The camera footage would be broadcast publicly online, and any recordings made would be saved and maintained by Scripps.
II.Roles and Responsibilities
Scripps, City and CMWD agree to be direct and proactive when raising any concerns relating to this MOU. The expectations of the Parties, individually and mutually, are
specified below:
A.Scripps agrees to perform the following tasks at its own expense:
1.Install and maintain cameras and related equipment at sites listed in
Exhibit A. Scripps is responsible for replacing broken cameras and
hardware. Scripps will retain ownership of all equipment.
Attachment A
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2.Install, maintain, and update all software necessary for the full function of the provided cameras. This includes all firmware updates and patches from the camera vendor. Updates must be installed
within 60 days of release or on the City or CMWD’s request
3.Obtain all required federal, state, or local permits.
4.Provide unfettered access to any recordings or copies of recordings,
in whatever format, made or kept, resulting from any entity’s use of
the cameras provided to City or CMWD.
5.Ensure that first responders always have priority in using and manipulating the cameras on the City or CMWD’s property. City on
City-owned sites and CMWD on CMWD-owned sites and Scripps
must first authorize access to any camera by any entity other than City or CMWD. City or CMWD/Scripps shall be able to add/remove users as needed.
6.Provide audit logs to City and CMWD that identify individuals who
access the provided cameras.
7.Take reasonable and appropriate steps to secure access to the provided cameras.
8.Provide City for City-owned sites and CMWD for CMWD-owned sites with 24-hour notice if access is needed to cameras for repair or maintenance, except in emergencies. Reasonable notice will be provided in emergencies.
9.Cooperatively work with Staff from City for City-owned sites or CMWD for CMWD-owned sites to resolve any identified security vulnerabilities or configuration issues on provided cameras that could present risk to City or CMWD.
10.Remove cameras and all related equipment within five business days of the termination of this MOU and restore the property to its prior condition, reasonable wear and tear accepted.
11.Comply with any responsibilities or obligations assigned to Scripps
as described in Paragraph IV.
B.City for city-owned sites and CMWD for CMWD-owned sites agrees to
perform the following tasks at its own expense:
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1.Provide access to Scripps to install, maintain, and repair cameras onthe site(s) listed in Exhibit A.
2.Comply with any responsibilities or obligations assigned to City or
CMWD as described in Paragraph IV.
C.The Parties mutually agree to:
1.Work collaboratively and cohesively to support each other in carrying
out the goals and terms of this MOU.
2.Comply with any responsibilities or obligations mutually assigned to theParties as described in Paragraph IV.
III. Term of Agreement
This MOU shall be considered effective June 1, 2025, and shall remain in effect until May 31, 2026. Any Party may terminate this MOU without cause by providing thirty (30)
days’ advance written notice to the other Party.
IV.Miscellaneous Terms and Conditions
A.Jurisdiction and Venue
This MOU shall be construed in accordance with the laws of the State of California, and the Parties hereto agree that venue shall be in San Diego County, California.
B.Data Use and Privacy
Data collected will be used solely for wildfire detection, environmental monitoring, and related public safety purposes. No audio or video recording of private individuals or
dwellings is permitted. Any public or third-party sharing of data must be anonymized and
comply with applicable privacy laws.
C.No Lease or Tenancy Created
This MOU does not create a lease, license, easement, or other real property interest. The arrangement is revocable as provided herein.
D.Access to Records/Retention
For the purposes of auditing and compliance with the California Public Records Act (Govt. Code § 7920.00, et seq.), City and CMWD shall have access to any records created or maintained by Scripps as a result of City and CMWD’s use of cameras. Except where
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any federal or state law requires longer retention, Scripps shall maintain all required records for at least three (3) years after expiration of this MOU.
E.Mutual Indemnification
City and CMWD agree to defend, indemnify and hold Scripps harmless from and against any and all claims, liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages arising out of the performance of this MOU, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages
are caused by or result from the negligent or intentional acts or omissions of City, CMWD, their officers, elected and appointed officials, agents, employees and volunteers.
Scripps agrees to defend, indemnify and hold harmless City, CMWD and their officers, elected and appointed officials, employees, agents and volunteers from and against any
and all claims, liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages arising out of the performance of this MOU, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Scripps, its officers, agents, or employees.
F.Limitation of Liability
1.OTHER THAN AS EXPRESSLY PROVIDED IN THE MOU,NEITHER PARTY MAKES ANY WARRANTIES, WHETHER
EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS THEIMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESSFOR A PARTICULAR PURPOSE.
2.Notwithstanding any other provision in this MOU, neither party shall
have liability nor indemnity or defense obligations to the other partyfor any and all claims under any legal theory (including, but notlimited to, claims for negligence and breach of contract) arising fromor related to damage or injuries caused directly or indirectly by fires;provided however, if the claim arises from a fire negligently or
intentionally started by Scripps or City or CMWD during its operationor maintenance of the cameras provided for in this MOU, thelimitation of liability in this sentence will not apply.
G.Insurance
Upon request, Scripps will provide evidence of self-insurance coverage(Certificate of Self-Insurance Coverage) issued pursuant to the program ofself-insurance maintained by the Regents of the University of California.
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If requested by Scripps, City or CMWD shall provide valid evidence sufficient to prove its ownership interests in and to the Site, including its right to enter into this MOU and grant the rights herein granted.
REGENTS OF THE UNIVERSITY OF
CALIFORNIA, UC SAN DIEGO,
SCRIPPS INSTITUTION OF
OCEANOGRAPHY, a University of
California campus
CITY OF CARLSBAD, a municipal
corporation of the State of California
By: By:
(sign here) Geoff Patnoe, City Manager
(print name/title)
Megan Tolentino, Professional Buyer
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CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 1911,
and a Subsidiary District of the City of
Carlsbad, California
By:
Geoff Patnoe, Executive Manager
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
By:
_____________________________ Senior Assistant City Attorney
ATTEST:
SHERRY FREISINGER, City Clerk
By:
Deputy / Assistant City Clerk
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