HomeMy WebLinkAbout360 Virtual Reality Video For Police Deparrtment MOA MEMORANDUM OF AGREEMENT BETWEEN IDAHO PUBLIC TELEVISION AND
MERIDIAN POLICE DEPARTMENT REGARDING 360 VIRTUAL REALITY VIDEO
This MEMORANDUM OF AGREEMENT BETWEEN IDAHO PUBLIC TELEVISION
AND MERIDIAN POLICE DEPARTMENT REGARDING 360 VIRTUAL REALITY VIDEO
("MOA") is entered into this 22nd day of March , 2022, by and between the City of
Meridian, Idaho, on behalf of the Meridian Police Department, a municipal corporation
organized under the laws of the state of Idaho whose address is 33 E. Broadway Avenue,
Meridian, Idaho ("City"), and the Idaho State Board of Education, on behalf of Idaho Public
Television, whose address is 1455 N. Orchard Street, Boise, Idaho ("IPTV") (collectively,
"Parties").
WHEREAS, IPTV has received a grant from the Idaho Workforce Development Council
to create a series of 360-degree virtual reality videos ("Videos") for the purpose of engaging
youth in career opportunities and encouraging the pursuit of post-secondary education;
WHEREAS, IPTV has proposed that the Meridian Police Department ("MPD")
participate in creating a Video featuring the work and functions of MPD officers;
WHEREAS,the Parties seek, by this MOA, to establish the respective rights and
responsibilities with regard to recordings collected by IPTV in the course of creating the Video;
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and
conditions hereinafter contained, the parties hereto do mutually agree as follows:
1. Scope of Work. IPTV shall work with MPD's designated contact person to identify aspects
of law enforcement that will be represented in the Video, to select MPD personnel
appropriate and available to discuss or demonstrate such aspects, and to schedule interviews
and other interactions with MPD personnel at mutually suitable dates, times, and places.
IPTV shall be responsible for obtaining any and all necessary permissions and releases from
individuals featured in the Video.
2. Use of Footage. IPTV's use of the video footage, images, and audio recordings collected of
MPD personnel, operations, activities, and property shall be limited to the purposes set forth
in the proposal attached hereto as Exhibit A. City authorizes no other use of images or video
footage of City's employees, agents, invitees, volunteers, or guests.
3. MPD Approval. Prior to broadcasting the Video on air, IPTV shall obtain MPD's written
approval of the final Video. IPTV shall not broadcast any footage or images collected in the
course of interviews or interactions with MPD personnel without MPD's express,prior,
written approval, which MPD shall not unreasonably withhold.
4. Copyright. IPTV shall retain the right and permission, without restriction, to copyright any
and all images and raw video footage created by IPTV, and the final Video produced by
IPTV. IPTV shall provide to MPD a final copy of the Video for City to disseminate by
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posting on its website for recruiting and educational purposes, without payment or
compensation in any form to IPTV, except that City shall acknowledge IPTV to be the
creator of the Video.
5. Relationship of Parties. It is the express intention of Parties that IPTV is an independent
actor and not an employee, agent,joint venturer, independent contractor, or partner of City.
Nothing in this MOA shall be interpreted or construed as creating or establishing the
relationship of employer and employee between IPTV and City or between IPTV and any
official, agent, or employee of City. Both parties acknowledge that IPTV is not an employee
of City.
6. Waiver. IPTV waives any and all claims and recourse against City, including the right of
contribution for loss and damage to persons or property arising from or in any way connected
with or incident to IPTV's recording of MPD officer or employee activity or interviews, or in
any subsequent processing, publication, or reproduction thereof, except for liability arising
out of concurrent or sole negligence of City or its officers, agents or employees.
7. Discrimination prohibited. In performing services pursuant to this MOA, IPTV shall not
unlawfully discriminate in violation of any federal, state or local law, rule or regulation
against any person on the basis of race, color, religion, sex, national origin or ancestry, age or
disability.
8. Entire agreement. This MOA constitutes the entire understanding between the Parties.
This MOA supersedes any and all statements,promises, or inducements made by either parry,
or agents of either party, whether oral or written, whether previous to the execution hereof or
contemporaneous herewith. The terms of this MOA may not be enlarged, modified or altered
except upon written agreement signed by both parties hereto.
9. Heirs and assigns. This MOA shall be binding upon the parties hereto, their heirs,
successors, assigns, and personal representatives and references to IPTV and City shall
include their respective heirs, successors, assigns, and personal representatives.
10. Governing law. This MOA shall be governed by the laws of the State of Idaho.
11. Warranty of authority. City specifically warrants that it is authorized to convey the
permissions and releases granted hereunder on behalf of its employees insofar as such
employees were acting within the scope of their employment, in an open and public location,
when photographed by IPTV, and given such circumstances, City acknowledges on behalf of
its employees that no claim may be brought against IPTV for libel or invasion of privacy.
12. City Council approval required. The validity of this MOA shall be expressly conditioned
upon City Council action approving the MOA. Execution of this MOA by the persons
referenced below prior to such ratification or approval shall not be construed as proof of
validity in the absence of Meridian City Council approval.
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IN WITNESS WHEREOF,the parties hereto have executed this MOA on the 22ndday
of March , 2022.
IPTV:
BY:
Jeff Tucker G 1 Manager
CITY OF MERIDIAN:
BY:
Robert E. Simison, Mayor 3-22-2022
Attest:
Chris Johnson - -
2022
City Clerk
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