Connect Orange County

Terms and Conditions

I. INTRODUCTION

THIS MEMORANDUM OF UNDERSTANDING (“Memorandum”), executed on this date between ORANGE COUNTY SHERIFF’S OFFICE; hereafter referred to as “OCSO” and PARTICIPANT with its principal address indicated within the Registry portal, hereafter referred to as “PARTICIPANT”; collectively referred to as “THE PARTIES.”


II. PREAMBLES

WHEREAS, OCSO is a law enforcement agency responsible for the preservation of safety and security in the geographic area in which the OCSO has jurisdiction.

WHEREAS, PARTICIPANT is an enterprise operating within the jurisdiction of the OCSO.

WHEREAS, this Agreement has as its objective the collaboration and participation of both Parties for the safety and security of those who are at PARTICIPANT’S location(s), and

WHEREAS, this Agreement facilitates the establishment of channels of communication and sharing of video sources that permit the creation and interchange of information, as well as collaboration with the expressed goal of providing access to real time events occurring on the PARTICIPANT’s premises, and

WHEREAS, the missions of the Parties are complementary;

NOW THEREFORE, the Parties wish to cooperate in compliance with the following clauses:


III. GOAL

The goal of this agreement is to set forth guidelines for sharing of PARTICIPANT’s video sources with the OCSO.


IV. PURPOSE

The OCSO is securing access to technology developed and marketed by FUSUS which will allow the OCSO to have real time access to a PARTICIPANT’s private camera system. FususCORE automatically detects and connects to every camera on a building's network and will allow the OCSO to access those cameras remotely in an emergency.

PARTICIPANT’s in this program will be permitting the OCSO to have access to video sources designated by it, that are owned by or under its management. The location of cameras authorized to be accessed by the OCSO shall not include areas where patrons of the PARTICIPANT have a reasonable expectation of privacy. The OCSO may unilaterally choose not to access designated camera(s) if the OCSO determines it is not useful for the purposes described herein or that it may be in areas where individuals might have a reasonable expectation of privacy. Said decision shall be solely that of the OCSO and PARTICIPANT shall not have a right to appeal said decision.

It is neither intended nor expected that PARTICIPANT’s cameras will be routinely monitored in real-time by OCSO. Video sharing by PARTICIPANT with OCSO is intended to be done in the spirit of cooperation for improved situational awareness and efficiency of emergency response by OCSO. Video access by OCSO does not constitute a commitment on the part of OCSO that video will be viewed on a regular basis, in emergencies or when requested by PARTICIPANT.


V. RESPONSIBILITIES OF OCSO

OCSO will only access video sources designated by PARTICIPANT for inclusion into OCSO’s video fusion software. OCSO will not share access to PARTICIPANT’s camera views with members of the public, without the prior consent of PARTICIPANT. Further, OCSO will ensure video access is strictly limited to personnel responsible for monitoring the system, and authorized login metadata will be tracked and logged. Finally, OCSO will ensure any employee responsible for video access is trained on system use and security of access.


VI. RESPONSIBILITIES OF PARTICIPANT

  1. PARTICIPANT will independently coordinate with FUSUS to purchase the Cores and any other equipment needed to connect their cameras to the FUSUS system as well as any costs associated with the technology required to provide access.
  2. PARTICIPANT will provide OCSO at least one point of contact, as indicated below, with a basic understanding of PARTICIPANT’s inventory and locations of surveillance cameras as may be required for video sharing. Typical configuration should take less than an hour and may require installation of additional hardware at PARTICIPANT’s location(s). PARTICIPANT will provide information needed by the OCSO for the system to operate; including but not limited to, camera make, model, IP address, and Camera and/or associated DVR/NVR login information.
  3. PARTICIPANT will be solely responsible for the costs associated with the purchase and installation of cores at their location(s) as well as maintenance and access to the technology required to transmit data and the OCSO makes no warranties as to the functionality of any of these items or services.

VII. GOVERNING LAW AND REMEDIES

  1. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary arising out of the Agreement will have its venue in Orange OCSO and the Agreement will be interpreted according to the laws of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof.
  2. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of a dispute, breach, default, or misrepresentation in connection with any provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs, and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs, and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled
.

VIII. PUBLIC RECORDS

  1. This Agreement is subject to and governed by the laws of the State of Florida, including without limitation Chapter 119, Florida Statutes, which generally makes public all records or other writings made by or received by the Parties. Agency acknowledges its legal obligation to comply with Section 119.0701, Florida Statutes. Agency shall keep and maintain public records, as that phrase is defined in the Florida Public Records Act. See Section 119.0701(2)(b)4, Florida Statutes, for additional record keeping requirements.
  2. Agency shall not disclose public records that are confidential and exempt from public records disclosure unless specifically authorized by law.

IX. LIMITATION OF LIABILITY

IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS, OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT.

NOTHING HEREIN SHALL BE CONSIDERED A WAIVER OF SOVEREIGN IMMUNITY AND THE PROTECTIONS OF SECTION 768.28, F.S.


X. EFFECTIVE DATES AND AMENDMENTS.

Participant agrees to be bound by the terms and conditions contained herein. The agreement shall continue for so long as the PARTICIPANT is in good standing with FUSUS or until otherwise terminated herein. If ownership or agency over the location changes, the new owner or agent shall update the information required by FUSUS to permit proper operation of the system and access by the OCSO.