Memorandum of Agreement between Anchorage Police Department and Safe Anchorage Participant

I. INTRODUCTION

This Memorandum of Agreement (“Agreement”), executed on this date between the Anchorage Police Department (“Department”), a department of the Municipality of Anchorage, and the participating organization (Participant) with its principal address indicated within the Registry portal; collectively referred to as “the Parties.”

The Anchorage Police Department is a law enforcement organization responsible for the preservation of safety and security within the Municipality of Anchorage.

The Participant is an organization operating within the Municipality of Anchorage.

This Agreement establishes communication methods and a means by which Participant may affirmatively share access to its video sources with the Department to enable the Department to access information within Participant’s custody and control with the express goal of increasing the Department’s situational awareness of activity on Participant’s premises.

The goals of the Parties are complementary.

The Parties hereby agree to work together and agree to the following clauses:

II. VIDEO ACCESS AND CUSTODY

In the case of participation in Camera Registry, the Participant will identify the physical location of the Participant’s video sources to the Department. Video sources shared by Participant must also be approved by Department as appropriate for sharing and deemed useful for purposes of enhanced situational awareness of Participant’s location(s) and surrounding areas.

In the case of video integration through fususCORE, Participant grants video access to video sources designated by Participant that are owned by or under management of Participant. The Parties agree that the Department does not agree to, and is not expected to, routinely monitor Participant’s cameras in real-time. The Parties further agree that the Department does not guarantee that it will monitor Participant’s cameras in real-time upon Participant request.

Participant shares video access through fususCORE with Department to improve the Department’s situational awareness of public areas under Participant’s control and provide more efficient sharing of information with the Department for law enforcement purposes or Municipal emergency response. Granting video access to Department does not constitute a commitment on the part of the Department that video will be viewed during an emergency or when requested by Participant.

Participant is the sole owner of the video at the time it is created by the cameras deployed on Participant’s property. The fususCORE device connected to Participant’s cameras acts solely as a secure buffered video gateway. FususCORE is the means through which the Department accesses video from Participant cameras for law enforcement or emergency response purposes. The Department has no access to or custody over video contained on the fususCORE at ANYTIME prior to Department’s digital request for video access via the fususONE software interfacing with the fususCORE. The digital request allows the Department to access the video for law enforcement or emergency response purposes to the extent consistent with the level of video access granted to Department by the Participant. Once requested from the Participant through fususONE, the video becomes Department evidence and 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. Participant understands that when a video becomes Department evidence, that video may thereafter be used as evidence in a court of law and enter the public record.

III. RESPONSIBILITIES OF DEPARTMENT

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

IV. RESPONSIBILITIES OF PARTICIPANT

Participant will provide Department at least one point of contact, as indicated below, with a basic understanding of Participant’s number 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 location(s). Participant will provide information needed by the Department for the system to operate; including but not limited to, camera make, model, IP address, and Camera and/or associated DVR/NVR login information.

V. LIMITATION OF LIABILITY AND INDEMNITY

THE DEPARTMENT SHALL NOT INDEMNIFY, HOLD HARMLESS, OR DEFEND PARTICIPANT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND PERMITTED ASSIGNS AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ATTORNEYS FEES, LOST REVENUES, PROFITS, OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT.

THE PARTICIPANT SHALL NOT INDEMNIFY, HOLD HARMLESS, OR DEFEND DEPARTMENT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND PERMITTED ASSIGNS AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ATTORNEYS FEES, LOST REVENUES, PROFITS, OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT.

NO PROVISION IN THIS AGREEMENT IS INTENDED OR DESIGNED TO CREATE OR CONFER ANY LEGAL OR EQUITABLE RIGHT, BENEFIT, OR REMEDY UPON ANY THIRD PARTY.

VI. GENERAL TERMS

This Agreement shall take effect on the date signed by both Parties and shall remain in effect for a period of three years after that date unless earlier terminated. Neither party may assign or transfer all or any portion of this Agreement without the prior written consent of the other party.

The Agreement may be renewed at the end of this period by mutual written agreement signed by both Parties.

The provisions of this Agreement may only be amended or waived by the mutual written agreement of both Parties.

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

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

The Parties agree that any written agreement may be in the form of physical or electronic communication.

The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.

This Agreement shall be governed by and construed in accordance with the law of the State of Alaska without giving effect to any choice or conflict of law provision or rule.

This Agreement embodies the entire and complete understanding and agreement between the Parties and no amendment will be effective unless in writing signed by both Parties.

VII. CONTACT DESIGNATION

The Parties designate the following persons as the primary point of contact regarding this Agreement. The Parties agree to update contact information in writing as soon as reasonably possible.

Participant Representative:
Name of Participant:
Name of Participant Representative:
Contact Information:
Address
Phone
Email
Signature: Date:

Department Representative:
Anchorage Police Department
Denielle Hrovat
Lieutenant
Real Time Crime Center/ Intel
Anchorage Police Department
716 W 4th Ave, Anchorage, AK 99501
Office: (907) 786-8730
www.anchoragepolice.com
Signature: Date: