Orlando Connect

Orlando Connect Terms and Conditions

I. INTRODUCTION

This Orlando Connect Terms and Conditions (hereinafter “AGREEMENT”), executed on this date between the City of Orlando hereafter referred to as “OPD” or “City” and yourself or your organization with its principal address indicated within the Registry portal, hereafter referred to as “Community Member”; collectively referred to as the “Parties.”


II. PURPOSE

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


III. RIGHT TO VIEW, RECORD, DOWNLOAD, AND USE DATA

  1. To the extent shared with the City by Community Member, Community Member hereby grants a perpetual, non-exclusive license to the City to access, view, download, and otherwise use all video or any other information and data furnished or made available to the City by the Community Member pursuant to this AGREEMENT. Community Member acknowledges that any video or any other information or data furnished to the City pursuant to this AGREEMENT may become a public record and therefore subject to Chapter 119, Florida Statutes, and any other law governing the use and dissemination of public records.
  2. Community Member understands that the video and other information and data provided pursuant to this AGREEMENT is primarily for public safety. The City has the right to share such video or other data obtained under this AGREEMENT with other local, state, and federal agencies for law enforcement purposes and for any other lawful purpose.

IV. RESPONSIBILITY OF COMMUNITY MEMBER

  1. The City currently has a contract with FUSUS LLC (Fusus) for a video and data collaboration platform. Community Member expressly understands, acknowledges, and agrees that the City’s platform is subject to change by the City without notice to the Community Member. It is the responsibility of the Community Member at its own cost and expense to ensure any video equipment obtained or used by Community Member is compatible with the City’s then current platform. Nothing contained within this AGREEMENT shall be deemed a representation or warranty by the City that OPD will continue to utilize the Fusus platform, nor that such platform will remain compatible with any device purchased, developed, or otherwise obtained or used by Community Member now or in the future.
  2. Community Member agrees that only video data from cameras facing areas where no one has a reasonable expectation of privacy will be shared with the City. Community Member will not allow any audio recordings or audio data to be transmitted to or accessed by the City as part of this AGREEMENT.
  3. Community Member will provide OPD with at least one point of contact with a basic understanding of Community Member’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 Community Member location(s). Community Member will provide information needed by OPD for the Community Member System and the City’s platform to interrelate; including but not limited to, camera make, model, IP address, and Camera and/or associated DVR/NVR login information.

V. RESPONSIBILITY OF OPD

  1. The City will only access video sources designated by Community Member for integration into the City’s platform. The City will ensure that access to live video is strictly limited to employees of a law enforcement agency or other City personnel responsible for monitoring the Public Safety Camera Network, and authorized login metadata will be tracked and logged.
  2. The City will abide by all state, local, and federal laws governing the use and retention of video or other records obtained pursuant to this AGREEMENT.

VI. LIABILITY AND DEFENSE OF LEGAL ACTIONS

  1. Each party to this AGREEMENT shall be solely responsible for its own equipment and the actions of its own officers, agents, and employees.
  2. Nothing in this AGREEMENT shall be deemed by the City to be a waiver of immunity or limits of liability beyond any statutory limited waiver of immunity or limits of liability which has been adopted by the Florida Legislature in Section 768.28, Florida Statutes or in other statutes, and nothing in this AGREEMENT shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. Notwithstanding anything in this AGREEMENT to the contrary, under no circumstances shall the City be liable to Community Member (or any person or entity claiming under or through Community Member) under any contract, negligence, strict liability, or other legal or equitable theory for any judgment in excess of those limits per claim and per occurrence set for tort liability in Section 768.28 of the Florida Statutes which limits are hereby made applicable to all manner of claims against the City related to this AGREEMENT and are not confined to tort liability.
  3. The Community Member hereby agrees to indemnify and hold harmless the City, and its officers, agents, and employees, from and against any and all liability, claims, damages, demands, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions, including attorneys’ fees for trial and on appeal, and for the preparation of same arising out of, or in any way related to, this AGREEMENT.

VII. TERM AND TERMINATION

  1. This AGREEMENT shall be effective as of the date it is signed by the last authorized signatory to sign and shall continue in effect thereafter until terminated as provided in sub-section b. below.
  2. Either party may terminate this AGREEMENT at any time, with or without cause, by giving written notice to the other party.

VIII. MISCELLANEOUS PROVISION

  1. This AGREEMENT contains all the Orlando Connect terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of this AGREEMENT shall be deemed to exist or to bind either party hereto. In the event of any dispute or conflict between the provisions of this AGREEMENT the terms of this AGREEMENT shall control.
  2. If any section, sentence, clause, phrase, provision, or other portion of this AGREEMENT is, for any reason, held invalid or unconstitutional by a court or other body of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of the AGREEMENT.
  3. This AGREEMENT is deemed to be under and shall be governed by, and construed according to, the laws of the State of Florida. Venue for any litigation arising out of this AGREEMENT shall be had in the state or federal courts located in Orange County, Florida.

IX. ENTIRETY OF AGREEMENT

This AGREEMENT embodies the entire and complete understanding and agreement between the parties and no amendment will be effective unless done in writing and agreed to by the parties.


X. AUTHORITY TO ENTER INTO AGREEMENT

By clicking “Agree”, I (a) accept this AGREEMENT and understand that I am legally bound by its terms, and (b) if Community Member is a corporation, governmental organization, or other legal entity, that I have right, power, and authority to enter into this AGREEMENT on behalf of Community Member and to bind Community Member to its terms.