Memorandum of Understanding AXON CONNECT / FUSUS COMMUNITY CAMERA PROGRAM

I. INTRODUCTION

THIS MEMORANDUM OF UNDERSTANDING ("Memorandum" or "MOU"), is entered into by and between THE CITY OF PASCO, WASHINGTON, acting through the PASCO POLICE DEPARTMENT; hereafter referred to as "CITY," and the person, business, school, organization, association, property owner, lessee, tenant, resident, manager, employee, governmental entity, private entity, or authorized representative that registers camera information, authorizes camera access, requests video integration, authorizes installation or configuration of a FususCORE or comparable device, or otherwise affirmatively accepts these terms through the Connect Pasco / Axon Fusus portal, with the contact, location, organization, and authority information supplied through the portal; hereafter referred to as "PARTNER"; collectively referred to as "THE PARTNERS."

This Memorandum is intended to be accepted through website terms and conditions. By checking the applicable acceptance box, submitting a registration, authorizing video integration, enabling camera access, approving installation or configuration of a FususCORE or comparable device, responding to a digital footage request, or continuing participation after notice of updated terms, PARTNER agrees that this Memorandum governs participation in the Axon Connect / Fusus Community Camera Program. No separate handwritten or wet signature is required for website-based participation.

The individual accepting this Memorandum represents that he or she has legal authority to register the identified camera system or location, authorize the level of information sharing or access selected, and bind the represented business, organization, school, association, residence, property, or entity, if any. A person who does not have that authority may not register cameras or authorize video integration.

II. PREAMBLES

WHEREAS, CITY is a law enforcement agency responsible for the preservation of public safety and security within the geographic area in which CITY has jurisdiction;

WHEREAS, PARTNER is a person, organization, entity, property owner, tenant, lawful camera user, or authorized representative operating within or in relation to the jurisdiction of CITY;

WHEREAS, CITY and PARTNER desire to cooperate for the safety and security of persons at or near PARTNER location(s) through the voluntary sharing of camera registry information and, where separately authorized and approved, access to designated video sources;

WHEREAS, this Memorandum is intended to improve communication, investigative efficiency, situational awareness, officer safety, and emergency response while preserving appropriate limits on access, use, disclosure, retention, privacy, and security;

WHEREAS, PARTNER acknowledges that registration alone does not provide CITY with live access to privately owned cameras, and that any video integration or direct sharing is dependent upon the access level, permissions, technology, and settings affirmatively authorized by PARTNER and approved by CITY;

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

III. GOAL

The goal of this Memorandum is to set forth guidelines for voluntary participation in the Axon Connect / Fusus Community Camera Program, including camera registry participation and, where approved, the sharing of designated video sources with CITY for lawful public safety, law enforcement, investigative, evidentiary, officer safety, emergency response, and related official purposes.

IV. PURPOSE

In the case of Camera Registry participation, PARTNER provides CITY with the location and general identifying information for PARTNER video sources and one or more points of contact. Camera Registry participation does not, by itself, grant CITY live access to PARTNER cameras. It allows CITY to identify potential video sources and request footage or information when an incident, emergency, or investigation may involve the registered location or surrounding area.

In the case of Video Integration or direct video sharing, access may be granted by PARTNER only to video sources designated by PARTNER and approved by CITY as appropriate for sharing and useful for law enforcement, investigative, evidentiary, officer safety, emergency response, situational awareness, or related official purposes. Access may include live video, recorded video, alerts, or other supported functions depending on the permissions, hardware, platform settings, and access level affirmatively selected or approved by PARTNER.

It is not the intention or expectation of this Memorandum that PARTNER cameras will be routinely monitored in real time by CITY. Video sharing is intended to be in the spirit of partnership for improved situational awareness and efficiency of law enforcement or emergency response. Video access does not constitute a commitment by CITY that video will be viewed in emergencies, upon request, or at any particular time.

Participation does not make CITY a private security provider for PARTNER, does not create a special duty to PARTNER or any third party, and does not guarantee monitoring, response time, officer availability, prevention of crime, arrest, prosecution, recovery of property, or any particular law enforcement action.

V. CAMERA OWNERSHIP, ACCESS, AND CONTROL

PARTNER remains the owner or lawful controller of video generated by cameras located on PARTNER property or otherwise under PARTNER control, except for copies lawfully requested, preserved, downloaded, exported, screenshotted, transferred, or otherwise obtained by CITY. Any copy or record obtained or preserved by CITY may thereafter be handled as a CITY record, investigative record, public record, or evidence item in accordance with applicable law, records retention requirements, evidence procedures, City policy, and Pasco Police Department procedures.

Where a FususCORE or comparable gateway device is used, the device functions as a mechanism through which CITY may access designated PARTNER video sources in accordance with the level of access granted by PARTNER and approved by CITY. Prior to a lawful request, access event, download, export, preservation, or other capture by CITY, CITY does not obtain ownership of video retained solely on PARTNER systems, cameras, network video recorders, digital video recorders, or gateway infrastructure.

CITY may access only those cameras, feeds, recordings, or data sources that PARTNER has designated and that CITY has approved for program use, except where access or disclosure is otherwise authorized or required by law, court order, search warrant, subpoena, criminal justice process, emergency doctrine, consent, or other lawful basis outside this program.

PARTNER may limit, modify, suspend, disable, or remove shared camera access at any time through available platform functions or by contacting the program administrator, subject to technical limitations, legal holds, retention obligations, evidence requirements, and records already obtained by CITY. Termination or withdrawal does not require CITY to destroy records it is legally required or authorized to retain.

PARTNER shall not knowingly register, integrate, or share cameras or audio/video feeds that capture places where individuals have a legal or reasonable expectation of privacy, including restrooms, locker rooms, dressing rooms, private bedrooms, private residential interiors not owned or controlled by PARTNER, medical treatment areas, attorney-client consultation spaces, or similar locations, unless specifically reviewed and approved by CITY and legally authorized.

PARTNER shall not provide audio recording, audio streaming, or audio interception capability through the program unless PARTNER has confirmed the audio use is legally authorized and CITY has expressly approved that functionality. If audio is unintentionally available or enabled, PARTNER shall notify CITY as soon as reasonably practicable so access can be reviewed, disabled, limited, or otherwise handled under applicable law and policy.

PARTNER shall not utilize any system, software, or computer algorithm, whether used independently or in combination with one or more mobile or fixed cameras, to convert images of license plates into computer-readable data.

VI. RESPONSIBILITIES OF CITY

CITY will only access video sources designated by PARTNER and approved by CITY for use in the Axon Connect / Fusus Community Camera Program, except where access or disclosure is otherwise authorized or required by law.

CITY access shall be limited to authorized City or Pasco Police Department personnel, or other authorized public safety personnel approved by the Chief of Police or designee, with an official need to use the system. CITY shall use City-approved accounts, authentication methods, security controls, and devices where feasible and shall not use program access for unauthorized personal, political, commercial, or non-law-enforcement purposes.

CITY will not use program access for routine monitoring of PARTNER property, employees, customers, students, residents, invitees, or business operations absent a lawful and authorized law enforcement, emergency response, public safety, investigative, or evidentiary basis.

CITY will ensure that authorized access, requests, downloads, exports, and other available system activity are logged or otherwise auditable to the extent supported by the platform. CITY will ensure that employees granted access are trained on system use, security, and any applicable department procedures before using the system.

If CITY obtains, preserves, downloads, screenshots, exports, or otherwise captures video, images, metadata, registry information, contact information, or related data for an investigation, emergency response, prosecution, public records response, training related to system use, audit, compliance, or other official purpose, CITY will handle that material in accordance with applicable law, evidence procedures, records retention requirements, confidentiality requirements, City policy, and Pasco Police Department procedures.

CITY may disclose records obtained under this Memorandum when required or authorized by law, court order, criminal justice process, public records obligations, prosecutorial need, City Attorney review, defense discovery obligations, interagency law enforcement purpose, emergency response need, audit, compliance requirement, or department policy. When legally permitted and reasonably practicable, CITY may provide notice to PARTNER of a disclosure request concerning PARTNER-furnished material; however, lack of notice shall not prevent CITY from complying with legal obligations or court deadlines.

CITY reserves the right to decline, suspend, limit, disable, or remove any registration, camera feed, user, location, integration, or PARTNER participation for security, misuse, inaccurate information, lack of authority, legal compliance, policy concerns, technical issues, public safety concerns, operational needs, or any other reason determined by CITY.

VII. RESPONSIBILITIES OF PARTNER

PARTNER will identify at least one point of contact with sufficient knowledge of camera inventory, camera locations, and system administration needed to support setup, coordination, footage requests, access review, withdrawal requests, and notices.

PARTNER will provide only information and access that PARTNER is legally authorized to share and that is necessary for the agreed registry or video integration function. PARTNER will provide accurate information, to the best of its knowledge, regarding camera location, coverage, make, model, network configuration, access settings, point of contact information, and other information reasonably required for setup, operation, or lawful use.

PARTNER will notify CITY, when reasonably practicable, of material changes affecting access or accuracy, including decommissioned cameras, changed camera angles, changes in ownership or leasehold control, relocation of cameras, discontinued internet or power service, significant system changes, changed points of contact, or loss of authority to share the camera system or location.

PARTNER will use reasonable safeguards to protect account credentials, access links, platform invitations, equipment, activation methods, and law enforcement-sensitive communications received through the program. PARTNER shall not share program login credentials, access links, activation methods, or platform access with unauthorized persons.

PARTNER shall not misrepresent ownership, authority, camera coverage, access rights, emergency circumstances, or other material facts in order to induce CITY action, access, response, or reliance. PARTNER shall not use the program to request private security monitoring, employee discipline, civil dispute assistance, landlord-tenant dispute assistance, or other non-law-enforcement purposes unless the matter also involves a lawful public safety, emergency response, or official law enforcement purpose.

PARTNER understands that participation in the program does not create a guarantee of police monitoring, response time, officer availability, law enforcement action, prevention of crime, arrest, prosecution, recovery of property, or any particular outcome.

VIII. SECURITY AND SYSTEM INTEGRITY

Each Party shall use reasonable administrative, technical, and physical safeguards to protect shared information, credentials, equipment, and records obtained under this Memorandum from unauthorized access, disclosure, alteration, misuse, loss, or destruction. Access shall be limited to individuals with an authorized business or official need to know.

Any electronic records stored by CITY under this Memorandum shall be maintained using City-approved security controls and other safeguards reasonably intended to prevent unauthorized access. Records must be secured when left unattended, and any removable, exported, or printed copies must be handled in a manner consistent with applicable City and department practice.

If either Party becomes aware of unauthorized access, disclosure, loss, compromise, or misuse of information, video, equipment, credentials, or access connected to the program, that Party shall notify the other Party as soon as reasonably practicable and shall take reasonable steps to mitigate the issue and limit further unauthorized access.

PARTNER understands that the program depends on the availability and configuration of third-party technology, internet service, power, camera systems, networks, hardware, and platform services. CITY does not guarantee uninterrupted access, technical performance, video quality, retention duration, camera angle, recording availability, network impact, or successful retrieval of footage.

IX. PUBLIC RECORDS, DISCLOSURE, AND CONFIDENTIALITY

he Parties acknowledge that CITY is a Washington public agency subject to public records and records retention laws, including Chapter 42.56 RCW. Records prepared, owned, used, or retained by CITY may be public records unless an exemption, prohibition, privilege, or other lawful basis for withholding or redaction applies.

CITY will make reasonable efforts to protect sensitive law enforcement, investigative, security, privacy, and confidential information from unauthorized disclosure. However, CITY cannot promise that every record, registry entry, video, image, metadata item, contact entry, agreement, communication, or related record will be withheld from disclosure in all circumstances. CITY will process any request for City public records in accordance with applicable law.

Where legally appropriate, CITY may assert applicable exemptions, privileges, redactions, or withholding bases for investigative records, law enforcement information, security information, privacy-protected information, technology/security information, confidential information, or other protected records. Nothing in this Memorandum waives any exemption, privilege, confidentiality protection, immunity, defense, limitation, or evidentiary rule.

CITY may share records or information obtained through the program with prosecutors, courts, law enforcement agencies, emergency response partners, forensic service providers, public records personnel, City attorneys, defense counsel where legally required, or other persons or entities when required or authorized by law, policy, court order, criminal justice process, public records obligations, or official need.

X. REQUESTS, PRESERVATION, EVIDENCE, AND RETENTION

CITY may use the program to send digital requests for video, images, metadata, or related information. PARTNER may respond voluntarily unless disclosure is separately required by legal process or other lawful authority. CITY may also request that PARTNER preserve potentially relevant video, images, data, or metadata; PARTNER understands that failure to preserve video may result in loss of evidence if the camera system overwrites or deletes footage.

Records obtained, downloaded, exported, screenshotted, preserved, used, or otherwise captured by CITY will be retained or destroyed by CITY according to applicable law, retention schedules, evidence requirements, litigation holds, investigative needs, court orders, City policy, and Pasco Police Department procedures.

XI. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS, GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF USE, ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION, NONPARTICIPATION, PERFORMANCE, OR NONPERFORMANCE UNDER THIS MEMORANDUM.

Nothing in this section is intended to expand CITY liability beyond that allowed by applicable law or to waive any immunities, defenses, privileges, limitations, or protections otherwise available to CITY, PARTNER, or their employees, officers, agents, representatives, or designees. Participation in the program does not create a special relationship, special duty, guarantee of protection, or private cause of action in favor of PARTNER or any third party.

XII. EFFECTIVE DATE, AMENDMENT, AND TERMINATION

This Memorandum shall take effect upon PARTNER electronic acceptance through the Connect Pasco / Axon Fusus portal, checkbox acceptance, submission of registration, authorization of video integration, approval of a FususCORE or comparable device, enabling of camera access, response to a digital footage request, or continued participation after notice of updated terms, whichever first establishes PARTNER participation under this Memorandum.

CITY may update this Memorandum from time to time for legal, operational, technology, policy, or program reasons. Updated terms may be posted to the Connect Pasco website or provided through the portal or other reasonable notice method. Continued participation after notice of updated terms constitutes acceptance of the updated terms unless PARTNER withdraws from the program. CITY may require renewed checkbox acceptance for material changes or continued integration.

Either Party may terminate participation at any time and for any reason. PARTNER may request removal or update of registry information, disabling of integration, or withdrawal from the program by using available portal functions or contacting the program administrator. CITY will process the request as soon as reasonably practicable, subject to technical limitations, legal holds, retention obligations, evidence requirements, and records already obtained by CITY.

Upon termination or withdrawal, live or direct access provided through the program should be removed as soon as reasonably practicable. Previously obtained CITY records remain subject to applicable retention, disclosure, evidence, audit, and legal requirements. Sections concerning records, public records, confidentiality, evidence, limitation of liability, no special duty, governing law, and previously obtained records survive withdrawal, suspension, or termination.

Neither Party may assign or transfer this Memorandum, program participation, access rights, or obligations to another person or entity without prior written approval from CITY, except as otherwise required by law. A change in ownership, leasehold control, property control, camera ownership, business ownership, or legal authority must be reported to CITY or the program administrator.

XIII. PORTAL ACCEPTANCE RECORD AND NOTICES

For each registration or integration, the Connect Pasco / Axon Fusus portal or related program record should retain the full name of the individual accepting the terms; business, organization, school, association, residence, property, or entity name, if applicable; title, role, or claimed authority; physical address or location covered by the registration or integration; email address and telephone number; date and time of acceptance; terms version date; checkbox acceptance; and platform audit identifier or similar electronic acceptance record.

CITY may provide notices to PARTNER using the contact information supplied in the portal, including email, telephone, text message, mail, portal notification, or communication with the listed point of contact. PARTNER is responsible for keeping contact information current. PARTNER may submit program questions, updates, withdrawal requests, or notices through the Connect Pasco portal, the listed program contact, or Pasco Police Department contact information provided on the City or program website.

The program is not a substitute for calling 911 or using established emergency reporting methods. PARTNER should report emergencies through 911 or other appropriate emergency channels.

XIV. GOVERNING LAW, SEVERABILITY, AND ENTIRETY

This Memorandum is governed by the laws of the State of Washington. Venue for disputes shall be in a court of competent jurisdiction for Franklin County, Washington, unless otherwise required by law.

If any provision of this Memorandum is found invalid or unenforceable, the remaining provisions shall remain in effect to the maximum extent permitted by law.

This Memorandum, together with any access settings, portal submission, platform permissions, official program notices, and any separately signed written agreement between CITY and PARTNER, embodies the entire and complete understanding between the Parties regarding website-based participation in the Axon Connect / Fusus Community Camera Program. If CITY and PARTNER enter into a separate written agreement signed by authorized representatives of both Parties concerning the same camera system or location, that signed agreement controls to the extent it directly conflicts with this Memorandum. No informal statement, outreach material, marketing material, or prior understanding shall modify this Memorandum unless incorporated through official written terms or a signed written agreement authorized by CITY.