LVACTS may make live video of traffic conditions from CCTV cameras
available to the public. CCTV video images will be supplied from the Traffic
Management Center (TMC) or any other locations designated by LVACTS. The video
images provided will be those selected by the LVACTS' TMC staff from the images
on the traffic surveillance monitors within the TMC and that are consistent with
the objectives of traffic management.
,dd>Live video images may generally be made available upon request to,
including, but not limited to: the media, so that images can be aired to the
public; other government and public agencies, to better coordinate traffic
management strategies on incidents and accidents; and to private firms for their
use in providing traffic information.
In order to receive direct access to live video, a
Subscription Agreement will be required. Costs for the
access connection will be determined by LVACTS and paid for by the SUBSCRIBER.
Payment of a monthly fee, to cover LVACTS' operating expenses of the connecting
equipment, may also be required. LVACTS may, at any time in the future, levy any
additional service charges.
DEFINITIONS:
Traffic Management Center (TMC) is the central focal point for the
collection and dissemination of real-time traffic condition information.
Live video are those images selected for viewing in the TMC
relating to up-to-the-minute operating conditions of the highway system.
RESPONSIBILITIES:
The LVACTS System Manager will ensure that the objectives of traffic
management are implemented system-wide to effectively and efficiently operate
the traffic signal system and coordinate efforts to fulfill requests for
real-time video images from the public and private SUBSCRIBERS.
All legal advice and representation relating to, and arising out of, this
Policy or the Subscription Agreement shall be handled by the jurisdiction in
which the inquiry or claim arises, in accordance with the provisions of the LAS
VEGAS AREA TRAFFIC CONTROL SYSTEM AGREEMENT, Hwy. Agreement No. P547-80-012,
executed January 21, 1981.
The LVACTS Operations Management Committee (OMC) will ensure
implementation of traffic management functions, policies and procedures and that
appropriate information systems are installed to serve information needs. The
OMC will also, where appropriate, ensure installation of traffic operation
systems including CCTV cameras to provide increased awareness of the operation
conditions of the street system and to communicate and coordinate traffic
management activities. The OMC will review all requests for live video.
The LVACTS Staff directly involved in providing the video linkage
to SUBSCRIBERS will be resourceful and cooperative in carrying out the
objectives of this policy.
APPLICABILITY:
All employees involved with the LVACTS, TMC and members of the OMC.
Niel T. Rohleder
Acting LVACTS System Manager
This Subscription Agreement - Access to Live Video (hereinafter
"Agreement"), entered into this
day of
, 2000,
(hereinafter the "effective date") is an agreement between the LAS
VEGAS AREA TRAFFIC COMPUTER SYSTEM (hereinafter "LVACTS") and
(hereinafter
"SUBSCRIBER") collectively referred to as ("the Parties"),
to obtain access to LVACTS' Closed Circuit Television Camera system (hereinafter
"CCTV").
This Agreement shall remain in effect for three (3) years from the
effective date (hereinafter the "termination date"). Thereafter,
access to the CCTV will be terminated, unless a new Agreement is signed by
SUBSCRIBER and approved by LVACTS no later than 60 days prior to the
termination date.
LVACTS reserves its right to cancel this Agreement at any time and for
any reason, upon the giving of 5 days written notice to the SUBSCRIBER.
"Access to Live Video" is defined as that video provided by the
Closed Circuit Television (CCTV) system developed for traffic management and
provided by the Traffic Management Center (TMC) which is operated by LVACTS. The
access to live video will depict real-time traffic conditions, weather
conditions, traffic congestion and maintenance and repair work locations.
This Agreement outlines the use of the CCTV system which provides
real-time traffic information to SUBSCRIBERS. The following provisions and
responsibilities are provided to ensure that the system is accessed and its
information used for this purpose, and this purpose alone.
LVACTS will utilize reasonable efforts to prevent the broadcast of that
information deemed by law and/or agency policy as "not public record"
as defined by NRS 239.010. All parties to this Agreementv hereby recognize that
some information, such as names, telephone numbers and vehicle license plate
numbers, may occasionally and inadvertently not be "screened out" from
the CCTV system. Any SUBSCRIBER participating in this Agreement is expressly
prohibited from broadcasting or otherwise utilizing this type of information.
LVACTS agrees to provide the services described in this Agreement and
under the terms and provisions herein specified. LVACTS reserves the right to
make changes to this Agreement at any time without prior notice to the
SUBSCRIBER, by adding provisions, deleting provisions and/or changing existing
provisions when in LVACTS' opinion it becomes necessary or involves
circumstances attendant to public safety and/or privacy concerns which require
such changes be effectuated.
LVACTS AGREES TO:
1. Maintain the CCTV system - although, the
information provided is not warranted, expressly or implied, by LVACTS to be
accurate or reliable. Nor is there any express or implied representation that
LVACTS will continue to provide such data or images.
2. Make reasonable efforts to provide the
CCTV system access to bona fide enterprises.
3. Make information and training available
to all SUBSCRIBERS regarding the broadcast and dissemination of information from
the CCTV system.
4. Maintain exclusive control of the
information and images released from the CCTV system to each SUBSCRIBER
including but not limited to, determining whether and when to provide a CCTV
system feed, from what location, and for what duration. Under this Agreement,
the decision to provide access will be made and controlled exclusively by LVACTS'
personnel. No SUBSCRIBER will have the ability to utilize the CCTV's cameras'
zoom, pan or tilt capabilities, nor focus on vehicle license plates, drivers, or
other identifying personal indicators. Access via live feed will not be provided
for events that are not, in the opinion of LVACTS' personnel, traffic-related.
The decision whether to activate, and upon activation to terminate, a
SUBSCRIBER'S access is exclusively at the discretion of LVACTS' personnel.
5. Provide similar video feed from the CCTV
system to each SUBSCRIBER.
SUBSCRIBERS AGREE TO:
1. Comply with all provisions of this
Agreement. Violations of this Agreement will entitle LVACTS to cancel the
service immediately and without prior notice to the SUBSCRIBER.
2. Not broadcast or otherwise utilize, any
information contained in the live video feed which is "not public record"
as defined by NRS 239.010, including, but not limited to, the names, addresses,
telephone numbers and/or vehicle/driver's license number of citizens.
3. Not contact the TMC personnel or
member-agency personnel, i.e., City of Henderson, City of Las Vegas, City of
North Las Vegas, Clark County, Nevada Department of Transportation, and the
Regional Transportation Commission, for the sole purpose of requesting that
specific CCTV cameras be activated or that certain CCTV cameras be repositioned.
Violations of this policy shall be cause for cancellation of this service as
previously specified.
4. Set up any necessary equipment at the TMC
in order to obtain the video feed. The SUBSCRIBER is exclusively responsible for
any costs related to the purchase and installation of said equipment. LVACTS
personnel have the exclusive right to determine at what location within the TMC
a SUBSCRIBER'S equipment may be placed, and reserve the right to inspect the
installation of all SUBSCRIBERS' equipment. Under no circumstances will the
placement and installation of said equipment interfere with TMC's equipment or
the activities of TMC personnel. The service maintenance, and upkeep of any and
all of SUBSCRIBER'S installed equipment, is exclusively the responsibility of
SUBSCRIBER. LVACTS personnel must be given at least 2 working days' advance
notice of any maintenance or repair visits of SUBSCRIBER, its employees, agents,
or representatives. Said visits must be scheduled at such times and in such a
manner so as to not interrupt or otherwise obstruct TMC operations. Each
SUBSCRIBER assumes any and all liability for the cost of any damage to the
LVACTS' CCTV system caused in any manner by the installation of the SUBSCRIBER'S
equipment, or by the equipment once installed.
5. Refrain from selling, loaning or offering
for sale, the video feed received under this Agreement to other persons or
entities, not a party to this Agreement.
6. Maintain the security and integrity of
the CCTV system by limiting use of and access to the system to trained and
authorized individuals, and by insuring that the system is used for the specific
purposes provided for by this Agreement.
7. A violation of any of the above
provisions will cause SUBSCRIBER'S access to live video to be canceled
immediately, without prior notice to the SUBSCRIBER.
8. Give proper recognition for the source of
the video feed by displaying a recognizable version of the LVACTS logo on the
screen.
INDEMNITY PROVISIONS:
1. The undersigned SUBSCRIBER agrees to
defend, indemnify, and hold LVACTS, and all of its contributing agencies,
harmless from and against any and all liability and expense to the extent
provided by Nevada Revised Statues Chapter 41, including all defense costs and
legal fees, caused by the negligent or wrongful act or omission of the
SUBSCRIBER or any members of LVACTS, its agents, officers and employees, in the
use, possession, or dissemination of information made available from the CCTV
system to the extent that such liability is imposed upon LVACTS, including but
not limited to, personal injury, property damage, and/or injury to privacy or
reputation.
2. The obligations assumed by the SUBSCRIBER
pursuant to this Agreement shall survive the termination of the Agreement, as to
any and all claims inclusive of personal injury, bodily injury, death, property
damage, or injury to personal reputation or privacy occurring as a proximate
result of information made available from the CCTV system.
3. The SUBSCRIBER understands and agrees
that it has no claim, right, cause of action, or right of recourse based upon
LVACTS' election to terminate this Agreement.
SECURITY AND CONFIDENTIALITY POLICY STATEMENT:
Return to Appendix 2
Table of Contents