Memorandum of Understanding Regarding Video Registration and Video Integration through FususCORE
INTRODUCTION
This Memorandum of Understanding (“MOU”), executed on this date between Adams County Sheriff’s Office (“County”); and your PARTNER organization (“Partner”) with its principal address indicated within the Registry portal, hereafter referred to as “PARTNER”; collectively referred to as “THE PARTIES.”
PREAMBLES
WHEREAS,the County is a law enforcement agency responsible for keeping and preserving the peace and enforcing the laws in the geographic area in which the County has jurisdiction.
WHEREAS,the Partner is an organization operating within the jurisdiction of the County.
WHEREAS, this MOU has as its objective the collaboration and participation of the parties to 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 enhanced responsiveness and situational awareness for the County. The purpose of this MOU is to set forth guidelines for sharing of Partner’s video sources with the County
WHEREAS, the missions of the Partners are complementary;
THEREFORE, the Parties agree to the following:
PURPOSE
The purpose of this agreement is to set forth guidelines for sharing of Partner’s video sources with the County. Video sharing by Partner with the County is intended to be done in the spirit of partnership for improved situational awareness and efficiency of law enforcement purpose or emergency response by the County. Providing video access to the County does not constitute commitment on the part of the County that video will be viewed in emergencies or when requested by Partner.
LEVELS OF PARTICIPATION
In the case of Camera Registry, the location of the Partner's video sources is granted to the County.
In the case of Video Integration, video access is granted by Partner to video sources designated by Partner that are owned by or under management by Partner.
Cameras shared must be approved by the County as appropriate for sharing and deemed useful for purposes of enhanced situational awareness and safety. It is not the intention or expectation that Partner's cameras will be routinely monitored in real-time by the County.
ACCESS AND OWNERSHIP
Partner is the sole owner of the video at the time it is created by the cameras deployed on Partner’s property. The fususCORE device is connected to Partner cameras to act solely as a secure buffered video gateway. It is the means through which the County accesses video from Partner cameras for law enforcement or emergency purposes. The County has no access to or custody of video contained on the fususCORE at ANYTIME prior to making a digital request for video access via the fususONE software interfacing with the fususCORE.
The purpose of this request is to allow the County access to the video for law enforcement or emergency purposes and consistent with the level of access granted to the video by the Partner to the County. Once requested from the Partner through fususONE, the video is transferred from the fususCORE into a cloud hosted environment which adheres to FBI Criminal Justice Information Services (CJIS) standards and complies with applicable laws governing the storage, access, and dissemination of evidentiary data.
Notwithstanding any other provision of this MOU to the contrary, once the County accesses and stores information from the hosted environment, the material becomes subject to discovery in criminal and civil cases, and in some instances, will be releasable should the County receive a request pursuant to the Colorado Open Records Act (CORA), C.R.S. § 24-72-201, et seq. or the Colorado Criminal Justice Records Act (CCJRA), C.R.S. § 24-72-301, et seq.
EXPECTATIONS OF THE COUNTY
The County will only access video sources designated by Partner for fusion into County’s video fusion software. The County will not share access to Partner’s camera views with members of the public, or outside of the County, without the prior written consent of Partner, except as required by law. Further, County will ensure video access is strictly limited to personnel responsible for monitoring the system, and authorized login metadata will be tracked and logged. The County will ensure any employee responsible for video access is trained on system use and security of access. The County will direct any inquiries related to Partner or Partner’s video sources to the appropriate designee.
EXPECTATIONS OF PARTNER
Partner will provide the County at least one point of contact, as indicated in Section XI. below, with a basic understanding of Partner’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 Partner location(s). Partner will provide information needed by the County for the system to operate, including but not limited to, camera make, model, IP address, and Camera and/or associated DVR/NVR login information.
DISCLAIMERS
For FususCORE devices that are not purchased by the Partner, the Partner does not own the device and shall not remove it without the assistance of the Adams County Sheriff's Office.
Partner is not an agent, employee, or representative of the County. The decision to install cameras, their placement, and the decision to record or transmit footage is made solely by the Partner and not at the direction of the County. The County has not required and does not require Partner to perform any search or surveillance that Partner would not otherwise perform for its own purposes.
Pursuant to C.R.S. § 24-10-106.5, the Parties acknowledge that while the County seeks to enhance public safety, participation in the program does not create a duty to monitor or respond, and any benefit to the Partner, the public, or any other party is strictly incidental. This MOU does not create any "special relationship" or "special duty" between the County and any other party.
LIABILITY
No term or condition of this MOU shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as applicable now or hereafter amended. The County relies on and reserves all rights and limited waivers of immunity provided under said Act
The County shall not be liable for any data breach, cyber-attack, or unauthorized access to the Partner’s internal network or hardware arising from the installation or use of the FususCORE device or related software. 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 MOU.
EFFECTIVE DATE, AMENDMENTS, ASSIGNMENTS, AND TERMINATION.
This MOU shall take effect upon signing by both Parties and shall remain in effect for a period of five (5) years from that date unless earlier terminated. This MOU and any amendments hereto may be executed in several counterparts. Neither party may assign or transfer all or any portion of this MOU without the prior written consent of the other party.
The MOU may be renewed at the end of this period by mutual written agreement by both Parties.
The provisions of this MOU may only be amended or waived by mutual written agreement by both Parties.
Any Party may terminate this MOU and any related agreement at any time and for any reason by giving written notice to the other Party.
The individuals signing this MOU on behalf of their respective organizations represent that they have the authority to enter into this MOU.
CONTACT
The contact(s) referenced in Section VII. above who have a basic understanding of Partner’s inventory and locations of surveillance cameras is:
NON-BINDING AGREEMENT AND SURVIVAL
This MOU is a voluntary statement of intent to facilitate public safety and unless otherwise indicated below is non-binding on the Parties. Neither Party shall be liable for any failure to perform under this MOU. Notwithstanding any other provision of this MOU, the following sections shall be enforceable and survive the expiration or early termination of this MOU: Section VIII (Disclaimers), Section IX (Liability), and Section XII (Non-Binding Agreement and Survival).