Secure OP

Memorandum of Understanding

On this ____ day of __________________, 20__, the undersigned community partner (Partner) enters into this Memorandum of Understanding with the City of Overland Park, Kansas (City) regarding access to and possible monitoring of Partner’s video surveillance system (VS System). This MOU supersedes any previous video sharing MOU between Partner and City.

The parties agree as follows:

Partner:

  • Owns and maintains, at Partner’s expense, cameras and related network infrastructure and software required to view, record, store, control and play back video at the Partner’s site.
  • In the case of a Camera Registry connection, Partner agrees to share just the physical location of Partner’s cameras with City; no live video stream is shared, nor can it be monitored by the City.
  • In the case of Video Integration connection, Partner is the sole owner of their video at the time it is created on their property. Partner will work with Axon to install a fususCORE device to act as a secure buffered video gateway. City has no access to or custody over video contained on the fususCORE at any time prior to making a digital request for video access consistent with the level of access granted to the video by the Partner.
  • Partner agrees City’s request may come 24 hours per day, seven days a week via the fususONE software interfacing with the fususCORE. 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.
  • Understands Partner will be responsible for the purchase cost of the fususCORE device and any associated fees required to maintain the sharing connection.
  • Does not grant City access to any other data systems operated by Partner.
  • Understands the City will access Partner VS System video for viewing and playback by connecting to the Axon Fusus cloud environment.
  • Understands the City may provide basic initial technical assistance to bring the fususCORE device online, but will not provide day-to-day technical support of the system. Additional IT assistance will be the responsibility of the Partner.
  • Agrees that providing access to VS System is intended to supplement security. It is not intended to replace the need for Partner to self-monitor its alarm and video systems and follow its established security protocols.
  • Will not assume City routinely monitors VS System. Partner also understands the City does not record VS System video.
  • Will notify City if the VS System will be out of service for extended repairs or maintenance which will disable the video feed.
  • Understands any change to the connection for the City to connect to the fususONE software used to view VS System is subject to approval by the City Chief Information Officer.
  • Agrees the City is not responsible for any damage or loss, whatsoever in nature, resulting from the connection.
  • Agrees to the provisions of Attachment A.
  • Agrees to return any equipment, including the fususCore, if the City provided such equipment to the Partner.

City:

  • Will provide, at City’s expense, the fususONE software required for the City to view the Partner’s VS System video. City may disconnect from fususONE at any time if it is identified as a source of suspicious or malicious network activity.
  • Will not share access to Partner’s camera views with members of the public, or outside of City, without the prior written consent of Partner.
  • Will ensure video access is strictly limited to personnel responsible for monitoring the system, and authorized login metadata will be tracked and logged.
  • Will ensure any employee responsible for video access is trained on system use and security of access.
  • May terminate this Memorandum of Understanding at any time at its convenience without prior notice to Business.

Attachment A - Hold Harmless/Indemnification

Definition: For purposes of indemnification requirements, the term "Loss" shall mean any and all Loss, damage, liability or expense, of any nature whatsoever, whether incurred as a judgment, settlement, penalty, fine or otherwise (including attorney's fees and the cost of defense), in connection with any action, proceeding, demand or claim for injury, including death, to any person or persons or damages to or Loss of, or Loss of the use of, property of any person, firm or corporation, including the parties hereto, which arise out of or are connected with, or are claimed to arise out of or be connected with, the use of the City’s Network and/or fiber infrastructure, whether arising before or after such use.

For purposes of this Policy, any External Agency hereby agrees to indemnify, defend and hold harmless the City, its agents and/or employees from any and all Loss where Loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the External Agency, its affiliates, subsidiaries, employees, agents and subcontractors/assignees and their respective servants, agents and employees.

It is agreed as a specific element of consideration of this agreement that this indemnity shall apply notwithstanding the joint, concurring or contributory or comparative fault or negligence of the City or any third party and, further notwithstanding any theory of law including, but not limited to, a characterization of the City's or any third party's joint, concurring or contributory or comparative fault or negligence as either passive or active in nature; provided, however, that an external agencies’ obligation hereunder shall not include amounts attributable to the fault or negligence of the City or any third party for whom the external agency is not responsible.

In the case of any claims against the City, its employees or agents indemnified under this Policy, by an employee of the External Agency, its affiliates, subsidiaries, or assignees, the indemnification obligation contained in this Policy shall not be limited by any limitation on amount or type of damages, compensation or benefits payable by or for the External Agency, its affiliates, subsidiaries, or assignees, under workers' compensation acts, disability benefit acts, or other employee benefit acts.