Transportation Management Centers: Streaming Video Sharing and Distribution - Final Report

Appendix A. Example Memoranda of Understanding and Other Agreements

Web-Form for a Large, Multi-State CCTV Sharing Program (Some Information Redacted)

Note that this is not a traditional MOU.

Participating Agency:

Requested by: Date Requested: Urgent: ☐ YES ☒ NO

Is this a temporary request? ☐ YES ☒ NO Date to be Removed by Participating Agency:

Reason for temporary request:

Name of User: US Citizen: ☐ YES ☐ NO

Job Title/Job Function:

Email: Phone:

MView Username is their email address (all lowercase)? ☒ YES ☐ NO

If not, please provide requested Username and reasoning for not conforming to the standard format:

Level of access requested to cameras/video from other Agencies)*: ☐ Level I ☐ Level II ☐ Level III ☐ Level IV

* Upon approval and unless otherwise specified, the user would normally receive access the level requested as well as all levels below the requested level.

Complete all that apply:

☐ Criminal History Check completed with satisfactory results Date of Check:

☐ Active Federal Security Clearance Date of Clearance:

☐ Other (if selected, provide explanation below) Date, if applicable:

Authorized Participating Agency Requestor Name and Contact Information:

Name: Phone: User Initials:

By submitting this request, the User and the Participating Agency have read and understand the Coordinated CCTV Concept of Operations (CCTV ConOPS). The User and Participating Agency agree to use the CCTV Sharing System, ███ or authorized business in accordance with the CCTV ConOps.

███████████████

PLEASE DO NOT WRITE BELOW THIS LINE

This section is to be completed by ███ Administrator

Access Granted: ☐ YES ☐ NO If applicable, state below why the request was not granted or only partially granted:

Date Completed: ███ Administrator:

Tennessee Department of Transportation

Traffic Operations Program Policy

Effective Date:

Title: Access to Live Video feeds and Information Sharing

POLICY

The Tennessee Department of Transportation (TDOT) will make live video of traffic conditions from Closed Circuit Television (CCTV) available to the public. CCTV feeds from the Regional Transportation Management Centers (RTMC), located in Nashville, Knoxville, Chattanooga, and Memphis, will be supplied through TDOT's SmartView CCTV web site. The video feeds provided are those made available by the RTMC Operators from the images on the traffic surveillance monitors within the RTMC and that are consistent with the objectives of traffic management.

Live video feeds will generally be made available upon request to other government and public agencies to better coordinate traffic management strategies on incidents and crashes, and to private news media and other organizations for their use in providing traffic information to the public or their customers.

A non-exclusive access Agreement is required in order for governmental and private interests to receive access to live video. Costs associated with the access connection, if any, will be determined by TDOT and may become the responsibility of the USER.

BACKGROUND

In order to gather realtime traffic condition information, TDOT has constructed and operates four Regional Transportation Management Centers located in Nashville, Knoxville, Chattanooga, and Memphis. The RTMC is the central collection point for roadway condition information. The RTMC support systems gather and disseminate traffic information using the latest technologies.

CCTV has proven to be a significant management and delay-reduction tool for the identification and verification of incidents and crashes, thereby enabling a proper and timely response. The sharing of video information enhances the communication of current traffic conditions, thereby aiding travelers in planning their trip times, routes, and travel mode using the latest available information. TDOT will operate and maintain the CCTV system for the purpose of enhancing traffic incident response on the Tennessee roadway system. TDOT wishes to share that traffic information with other transportation operating agencies, incident response agencies and the public.

Tennessee Department of Transportation and Private Entity Users

Access Agreement for Live Video and Information Sharing

This Access Agreement for Live Video and Information Sharing is an Agreement between the Tennessee Department of Transportation (TDOT) and hereafter referred to as the "USER." The effective date of this Agreement is .

The "Access to Live Video" is that video provided by a Closed Circuit Television (CCTV) system developed for traffic management and provided by the Tennessee Department of Transportation Regional Transportation Management Centers (RTMC) operated by TDOT. The CCTV feeds will show live traffic conditions including crashes, stalled vehicles, road hazards, weather conditions, traffic congestion, maintenance work, and repair work locations.

The purpose of providing the USER with Access to Live Video is to detect and disseminate realtime traffic information to motorists and improve incident response and recovery. The following provisions of this Agreement are intended to ensure that the CCTV system is accessed and its information is used for this purpose and this purpose alone.

Information Sharing, as defined in this agreement, is that information provided or discovered by the USER which has an adverse traffic impact on any Tennessee Interstate, State Route, and that which adversely affects travelers. Any information that falls within this definition will be shared with the TDOT RTMC within 10 minutes of receiving such information.

The USER hereby acknowledges and agrees that other matters not specifically addressed in this Agreement may arise and that TDOT shall have the right to make changes in this Agreement, by adding provisions, deleting provisions, and/or changing existing provisions when in TDOT's opinion circumstances require such changes. TDOT shall provide prior written notice of any such changes to this Agreement to the USER at which time the USER may or may not accept the revisions. Not accepting future revisions may result in the USER being denied access to the live video feeds.

USER shall also retain the right to terminate this Agreement as provided herein.

GENERAL INFORMATION:
1. TDOT will operate and maintain the CCTV system as a traffic management tool and, consistent with this purpose, TDOT agrees to provide the USER with Access to Live Video and Information Sharing. TDOT does not guarantee the continuity of this access, and TDOT does not warrant the quality of any video feeds or the accuracy of any image or information provided. Any reliance on such images or information is at the risk of the USER.
2. TDOT will not record video feeds except for staff training purposes, and no recordings will be made available to the USER under this Agreement.
3. TDOT will maintain exclusive control of the information and images released from the CCTV system to the USER, including but not limited to determining whether and when to provide a CCTV system feed, from what location, and for what duration. No feed will deploy the cameras' zoom capabilities, and no image will focus on vehicle license plates, drivers, or other personal identification of individuals involved in any traffic-related incident. No image will focus on any property or person outside the TDOT right-of-way. Access via feed will not be provided for events that are not, in the opinion of TDOT personnel, traffic-related. The decision whether to activate, and upon activation to terminate the access, is exclusively at the discretion of TDOT personnel.
4. TDOT RTMC personnel will not accept requests that specific CCTV cameras are operated or repositioned.
5. TDOT will provide each USER the same video feed from the CCTV system as any other USER participating in this Agreement. This Agreement in no way limits or restricts TDOT from providing video information to any other potential USER.
6. TDOT reserves the right to terminate this video access program or to change the areas, times, or levels of access within the RTMC at any time.
7. TDOT will provide Training Opportunities to all entities named in this Agreement and encourage participation in said training.
USER'S RESPONSIBILITIES:
1. USER is exclusively responsible for any costs related to the purchase and installation of the equipment necessary to receive the live video feed. User will be required to remove previously installed equipment from the RTMC (if any). USER is exclusively responsible for any costs related to the removal of this equipment. USER must give RTMC personnel reasonable advance notice to schedule an appointment to remove equipment and RTMC personnel reserve the right to schedule such at a time and in such a manner so as to not interrupt or otherwise obstruct RTMC operations. USER staff at the RTMC shall be under the general direction of the RTMC Manager for routine conduct, privileges, and protocols within the RTMC.
2. USER shall maintain the security and integrity of the CCTV system by limiting use of the system to trained and authorized individuals within their organization, and by insuring the system is used for the specific purpose stated in this Agreement. No feed shall be purposely broadcast live or rebroadcast that is zoomed in on an incident where individuals or license numbers are recognizable.
3. USER accepts all risks inherent with the live video feeds, including, but not limited to, interruptions in the video feed, downtime for maintenance, or unannounced adjustments to the camera displays. TDOT is providing the video feeds as a convenience to the USER and agrees to provide a good faith effort to maintain the video feed from TDOT equipment. The USER agrees to hold TDOT harmless, including TDOT employees and TDOT designated agents, from any damages caused to USER by loss of a video signal due to equipment failure or any act or omission on their part.
4. USER agrees to provide TDOT with a technical contact person and with a list of all USER personnel trained to operate the TDOT SmartView system. USER shall limit technical calls to the RTMC for monitoring, diagnosing problems or otherwise performing any minor service on the SmartView system.
5. USER agrees to acknowledge that the video feeds are provided by the Tennessee Department of Transportation.
6. USER agrees to display the SMARTWAY logo in the upper left hand corner of any view provided outside of the agency.
7. USER agrees to provide timely, accurate information and assistance to TDOT or other agencies, responders and roadway users about roadway conditions, major and minor incidents and alternate routes through the use of any media and USER resources.
  1. USER agrees to notify the RTMC of their surrounding TDOT Region of any unexpected incidents that are expected to have an adverse impact on traffic operations of Interstate or State Routes, within 10 minutes of first notification to the USER. This applies to any incident where TDOT or the Tennessee Highway Patrol is not already on-scene. Unexpected incidents may include, but are not limited to: traffic crashes, disabled vehicles, roadway debris, hazardous weather conditions, traffic queues, or traffic signal failures.
  2. USER agrees to collaborate with TDOT with respect to traffic management of planned events that are expected to have an adverse impact on traffic operations of Interstate or State Routes. Planned events include temporary traffic generating events (such as concerts or fairs) and roadway work zone activities (such as construction or maintenance activities). Collaboration and information sharing between USER and TDOT should occur as early as possible.
8. USER is invited to participate in quarterly Regional Traffic Incident Management meetings and may attend any traffic incident management training provided by participating agencies.
LIABILITY AND INDEMNITY PROVISIONS:
1. USER agrees to defend, indemnify, and hold TDOT harmless from and against any and all liability and expense, including defense costs and legal fees, caused by any negligent or wrongful act or omission of the USER, or its agents, officers, and employees, in the use, possession, or dissemination of information made available from the CCTV system to the extent that such expenses or liability may be incurred by TDOT, including but not limited to, personal injury, bodily injury, death, property damage, and/or injury to privacy or reputation.
2. The liability obligations assumed by the USER pursuant to this Agreement shall survive the termination of the Agreement, as to any and all claims including without limitation liability for any damages to TDOT property or for injury, death, property damage, or injury to personal reputation or privacy occurring as a proximate result of information made available from the CCTV system.
TERMINATION:
1. TDOT or USER may terminate this Agreement at any time for any reason by providing written notice of termination.

State of Tennessee Department of Transportation

By:
John Schroer
Commissioner

Approved as to Form:

John Reinbold
General Counsel

Date:

USER AGENCY

By
(Print Name)
(Title)
Date:

Approved by Legal Counsel for USER AGENCY

By
(Print Name)
(Title)
Date:

Major Multi-State Video Sharing ConOps Document (No MOU Used)

Coordinated CCTV Concept of Operations Key Points

By developing specific guidelines and policies for video data exchange, government and approved private entities operating will have a formal process to facilitate timely exchange of information related to Closed Circuit Television (CCTV). Policies will be in place governing usage and restrictions on use and the agreed-upon parameters will ensure that the data being exchanged is of a standard format, quality and detail level. (Section A — Introduction)

All live video images obtained from the Originating Agency's Video/Imaging Systems are the exclusive property of the Originating Agency and may be used only with permission of the Originating Agency or their designee by granting access in the CCTV Sharing System. (D.1 — Confidentiality and Ownership)

All live video images remain under the control of the Originating Agency, both for sharing with other agencies, the public, or in response to disclosure requests under public information laws or discovery requests. (D.3 — Confidentiality and Ownership)

All technical information regarding video surveillance systems, including connectivity and transmission information, the operational readiness of imaging systems, access control systems, and security response plans or procedures is confidential and restricted and may not be disclosed, viewed, reviewed, or transmitted by any means to unauthorized users. (D.2 — Confidentiality and Ownership)

There are four access levels of sharing live video images, Level 1 being the least restrictive and Level 4 the most restrictive. The Originating Agency has the responsibility to set levels for their cameras and can change them at any time, with notice to MCAC and other relevant agencies. The Originating Agency may further restrict access at its discretion. It is the responsibility of each Agency to request particular access levels for its employees or contractors (to cameras/video from other Originating Agencies) and provide necessary documentation, such as security clearance information. (Section E — System Access Authorization)

In order to obtain access to the CCTV Sharing System, each applicant requires a documented need to access the system based upon the duties and responsibilities of his or her employment. This need must be verified by the head of the applicant's agency or organization, or by his or her designee. (Section E — Access Requirements)

It is recommended that each Agency use the -UserAccess-RequestForm referenced in Appendix B to make such requests. (Section E — System Access Authorization) The form may be used by a Participating or Originating Agency's CCTV Administrator or its designee in requesting CCTV access to cameras/video from other Originating Agencies for their employees and contractors in the CCTV Sharing System. (Appendix B.1.a—UserAccess-RequestForm)

Note: The form designates a request for level of access to cameras/video from other Originating Agencies.

The Originating Agency will maintain pan/tilt/zoom (PTZ) control of their video system's cameras. Camera PTZ control will reside with the Originating Agency's operational group having overall monitoring responsibility. A Participating Agency can request PTZ adjustments of the Originating Agency for a particular video. The Originating Agency has full discretion to approve or deny requests for PTZ changes or control by a Participating Agency on a case by case basis. (Section G — Camera Pan/Tilt/Zoom Control)

Note: If an Originating Agency temporarily blocks a particular live video image from their system for maintenance, technical difficulty, etc., an user will lose the ability to view that live video image during that time.

The Originating Agency's Video/Imaging Systems and any associated live video images, information, and the archives produced from these systems are government resources and the exclusive property of the Originating Agency. These government resources are provided to enhance a Participating Agency's authorized users' ability to maintain a safe and secure environment for their agency's employees and contractors, its customers, and its property or to meet their agency mission. Any other use of the Originating Agency's Video/Imaging Systems and associated live video images, information, and archives is prohibited and a violation of this policy. (Section F.1 — System Inappropriate Use)

Access to recorded video shall be by written request to the Originating Agency, or by written agreement of the requesting agency and Originating Agency, or by request to MCAC who would forward the written request to the appropriate Originating Agency. The CCTV Video Access Request Form may be used to request recorded video from an Originating Agency and may also be used internally within an Originating Agency. (Appendix B.1.b — CCTV-VideoAccess-RequestForm)

All authorized users must be individually identified with unique login credentials within the CCTV Sharing System. The use of their login credentials is acceptance of the terms of this agreement. (Section F.2 — System Inappropriate Use)

Any employee or contractor of a Participating Agency violating this policy is subject to disciplinary action by the Participating Agency and to applicable federal, state, and local laws. (Section F.3 — System Inappropriate Use)

Virginia Department of Transportation Terms of Use

Virginia Department Of Transportation MOUs for Public and Private Entities can all be found at https://www.vdotdatasharing.org/TVDDocs/Terms_of_Use.html and their CCTV attribution guide can be found here: https://www.vdotdatasharing.org/TVDDocs/VDOT_CCTV_and_Data_Attribution_Guide_-_v6.pdf.

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