Terms and Conditions

I. INTRODUCTION

This Terms and Conditions, executed on this date between the Ontario Police Department for the purpose of sharing video to the Ontario Police Department; hereafter referred to as “Agency” and your PARTNER organization with its principal address indicated within the Registry portal, hereafter referred to as “PARTNER”; collectively referred to as “THE PARTNERS.”

II. PREAMBLES

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

WHEREAS, Partner is an organization or resident operating or living within the jurisdiction of the Ontario Police Department.

WHEREAS, this Agreement has as its objective the collaboration and participation of both organizations for the safety and security of those who are at Partner's location(s), and for this reason 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 enhanced responsiveness and situational awareness for the Ontario Police Department on behalf of Partner.

WHEREAS, the missions of the Partners are complementary;

THEREFORE, the Partners wish to work together and in compliance with the following clauses:

III. GOAL

The goal of this agreement is to set forth guidelines for sharing of Partner's video source locations and/or video sources with the Ontario Police Department.

IV. PURPOSE

In the case of Camera Registry, the location of the Partner's video sources is granted to the Agency. 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 also be approved by Agency as appropriate for sharing and deemed useful for purposes of enhanced situational awareness and safety of Partner and areas surrounding Partner's location(s). It is not the intention or expectation that Partner's cameras will be routinely monitored in real-time by Agency. Video sharing by Partner with Agency is intended to be done in the spirit of partnership for improved situational awareness and efficiency of law enforcement purpose or emergency response by Agency. Video access by Agency does not constitute commitment on the part of the Agency that video will be viewed in emergencies or when requested by Partner.

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 Agency accesses video from Partner cameras for law enforcement or emergency purposes. The Agency has no access to or custody over 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 Agency 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 Agency. 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.

V. RESPONSIBILITIES OF AGENCY

Agency will only access video sources designated by Partner for fusion into Agency's video software. Agency will not share access to Partner's camera locations or views with members of the public, or outside of Agency, without the prior written consent of Partner. Further, Agency will ensure video access is strictly limited to personnel responsible for monitoring the system, and authorized login metadata will be tracked and logged. Finally, Agency will ensure any employee responsible for video access is trained on system use and security of access. The Agency will direct any inquiries related to Partner or Partner's video sources to the appropriate designee as indicated in Section VIII.

VI. RESPONSIBILITIES OF PARTNER

Partner will provide Agency at least one point of contact, as indicated below, with a basic understanding of Partner's inventory and locations of surveillance cameras as may be required for video registration or integration. In the case of video integration, 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 Agency for the system to operate; including but not limited to, camera make, model, IP address, and Camera and/or associated DVR/NVR login information.

VII. 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.

VIII. EFFECTIVE DATES AND AMENDMENTS.

This Terms and Conditions 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. Neither party may assign or transfer all or any portion of this Terms and Conditions without the prior written consent of the other party.

The Terms and Conditions will automatically renew at the end of this period, unless terminated by mutual written agreement by both Parties.

The provisions of this Terms and Conditions may only be amended or waived by mutual written agreement by both Parties.

Any Party may terminate this Terms and Conditions and any related agreement at any time and for any reason by giving written notice to the other Party.

The individuals signing this Terms and Conditions on behalf of their respective entities represent and warrant (without personal liability therefor) that upon the signature of each, this Terms and Conditions shall have been duly executed by the entity each represents.

ENTIRETY
This Agreement, including all Annexes, embodies the entire and complete understanding and agreement between the Partners and no amendment will be effective unless signed by the partner.