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HomeMy WebLinkAbout08 MEMORANDUM OF UNDERSTANDING WITH TUSTIN UNIFIED SCHOOL DISTRICT AND THE TUSTIN POLICE DEPARTMENTMEETING DATE: SEPTEMBER 1, 2026 TO: ALDO E. SCHINDLER, CITY MANAGER FROM: SEAN THUILLIEZ, CHIEF OF POLICE SUBJECT: MEMORANDUM OF UNDERSTANDING WITH TUSTIN UNIFIED SCHOOL DISTRICT AND THE TUSTIN POLICE DEPARTMENT SUMMARY: The Tustin Police Department and Tustin Unified School District have developed a Memorandum of Understanding (MOU) establishing a public safety partnership that allows the Tustin Police Department limited access to selected existing School District surveillance cameras through the Fusus platform. The partnership is intended to improve situational awareness and the efficiency of emergency response at School District schools and facilities. During an emergency, authorized Tustin Police Department personnel may access designated camera feeds to gather real time intelligence, provide responding officers with timely information, support a safer and more efficient response, and assist with identifying and mitigating known threats to students, staff, school facilities, and the surrounding community. The School District retains ownership and control of its camera system and video information, and Tustin Police Department access is limited to the public safety purposes and circumstances established in the MOU. RECOMMENDATION: 1.To receive and file the Memorandum of Understanding between the City of Tustin, on behalf of the Tustin Police Department, and the Tustin Unified School District regarding public safety video sharing through the Fusus platform. FISCAL IMPACT: There is no fiscal impact associated with receiving and filing this report. Under the MOU, costs associated with Tustin Police Department owned Fusus hardware, including installation, maintenance, repair, operation, and removal, are the responsibility of the Tustin Police Department. Any School District network infrastructure or equipment improvements determined necessary for compatibility with the Fusus System are at the School District's discretion and responsibility. AGENDA REPORT Agenda Item _______ Reviewed: City Manager _______ Finance Director _______ Docusign Envelope ID: 857790D0-DBBC-89AE-813C-AC687C8CF3C1 8 Docusign Envelope ID: 6AD0926C-6908-82A1-80EC-AD05643BA4C4Docusign Envelope ID: CE755456-64B1-8993-82DD-230CFC1C9D9D City Council Agenda Report Memorandum of Understanding with Tustin Unified School District and the Tustin Police Department September 1, 2026 Page 2 CORRELATION TO THE STRATEGIC PLAN: This item supports the City's Strategic Plan Goal B: Public Safety and Protection of Assets, specifically Strategy 5, by strengthening emergency preparedness and enhancing the City's ability to protect students, school personnel, public facilities, and the community. The partnership advances school safety through the responsible use of existing technology to improve situational awareness, support coordinated emergency response, and provide responding officers with timely information during critical incident s. The MOU also establishes safeguards governing access, confidentiality, security, and authorized use of video information, supporting the City's commitment to effective public safety while promoting accountability and responsible use of technology. BACKGROUND AND DISCUSSION: The Tustin Police Department and Tustin Unified School District share a commitment to maintaining safe school environments and improving coordinated response to emergencies. As public safety technology continues to evolve, access to timely and accurate information can significantly improve the Tustin Police Department's ability to assess an incident, deploy resources, and provide responding officers with critical situational awareness before and during their arrival at a school campus. The proposed MOU establishes guidelines for connecting selected portions of the School District's existing surveillance camera system to Fusus, the Tustin Police Department's public safety technology platform. Fusus serves as a secure gateway that allows authorized Tustin Police Department personnel to access designated video information in real time or review recorded video during emergency or law enforcement incidents. The MOU does not provide the Tustin Police Department unrestricted access to the School District's camera system. The School District determines which cameras are made available, retains ownership and control of its camera system and video information, and may discontinue sharing at any time. The Tustin Police Department’s access is specifically authorized during emergency situations, including when a 911 emergency call is received or when the Tustin Police Department otherwise becomes aware of an emergency at a School District school or facility involving a clear and present danger of serious physical injury or serious damage to School District property. This access will allow Tustin Police Department personnel to gather intelligence, assess the location and nature of a threat, provide respondi ng officers with current information, coordinate resources, and support a quicker and safer response. The MOU also establishes safeguards for the responsible use of the technology. Only authorized Tustin Police Department personnel may access video information for public safety purposes, and personnel responsible for access are required to be trained on system use, confidentiality, and security. Cameras located in or directed toward areas where there is a legal expectation of privacy are excluded from access. Video retained by the Tustin Docusign Envelope ID: 857790D0-DBBC-89AE-813C-AC687C8CF3C1Docusign Envelope ID: 6AD0926C-6908-82A1-80EC-AD05643BA4C4Docusign Envelope ID: CE755456-64B1-8993-82DD-230CFC1C9D9D City Council Agenda Report Memorandum of Understanding with Tustin Unified School District and the Tustin Police Department September 1, 2026 Page 3 Police Department for evidentiary purposes will be stored in accordance with Tustin Police Department standards, including applicable Criminal Justice Information Services requirements. This partnership represents a collaborative approach to school safety by leveraging technology already in place at School District facilities while maintaining appropriate controls over access and use. The ability to obtain timely visual information during a critical incident can provide officers with greater awareness before entering a campus, assist with identifying and locating a threat, improve coordination among responding personnel, and help protect students, staff, first responders, and the community. The MOU becomes effective upon execution by both parties and remains in effect for three (3) years unless terminated earlier in accordance with its provisions. _____________________ _____________________________ SEAN THUILLIEZ ROBERT NELSON, Lieutenant Chief of Police Strategic Initiatives Attachments: 1. Tustin Police Department and Tustin Unified School District Memorandum of Understanding Docusign Envelope ID: 857790D0-DBBC-89AE-813C-AC687C8CF3C1Docusign Envelope ID: 6AD0926C-6908-82A1-80EC-AD05643BA4C4Docusign Envelope ID: CE755456-64B1-8993-82DD-230CFC1C9D9D 4922-2371-4946. v. 1 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into between the City of Tustin, on behalf of the Tustin Police Department, located at 300 Centennial Way, Tustin, CA, 92780; hereinafter referred to as the "Department" and the Tustin Unified School District, located at 300 South C Street, Tustin, CA, 92780, hereinafter referred to as "Partner." RECITALS WHEREAS, the Tustin Police Department is a law enforcement organization for the City of Tustin, County of Orange, State of California, responsible for the preservation of safety and security in the geographic area in which the Department has jurisdiction; and WHEREAS, Partner owns and operates The Tustin Unified School District located at 300 South C Street, Tustin, CA, 92780 and is an organization, corporation, or business operating within the jurisdiction of the Department; and WHEREAS, Partner operates a system of closed circuit / cloud-based surveillance cameras ("camera system"); and WHEREAS, the objective of this MOU is to engage in video sharing by Partner with the Department in the spirit of partnership for improved situational awareness and efficiency of emergency response by the Department; and WHEREAS, for the above reason, this MOU establishes channels of communication and sharing of digital information and images ("Video Information") from Partner's camera system via software and/or hardware designed by Fusus ("Fusus System"); and WHEREAS, the Department has purchased/provided the necessary equipment for installation on Partner's camera system for the term of this MOU. THEREFORE, in consideration of the premises, mutual promises, and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Department and Partner agree as follows: 1. PURPOSE & SCOPE 1.1 The purpose of this MOU is to establish guidelines for installing and operating the Fusus System, which enables the Partner's camera system to be securely and immediately accessible by the Department for emergency response and (following Partner approval) other lawful purposes. Through the Fusus System, Video Information from the camera system selected by Partner is made available to the Department, facilitating enhanced situational awareness, faster response times, and improved public safety outcomes within the Partner's property and surrounding areas. Docusign Envelope ID: 857790D0-DBBC-89AE-813C-AC687C8CF3C1Docusign Envelope ID: 6AD0926C-6908-82A1-80EC-AD05643BA4C4Docusign Envelope ID: CE755456-64B1-8993-82DD-230CFC1C9D9D 4922-2371-4946. v. 1 1.2 The Fusus System consists of hardware and software components that connect Partner's existing camera system to a cloud environment, which enables the Partner's Video Information to be accessed by the Department in real-time or as recorded Video Information during emergency or law enforcement incidents. Partner's camera system and Video Information remain fully controlled by the Partner and are only accessible by the Department under circumstances outlined in this MOU. 1.3 The Fusus System functions as a secure gateway, buffering Video Information locally and enabling remote viewing access through the Department's interface. This interface allows the Department to request from Partner and view Video Information as needed for authorized purposes. All access to Video Information is subject to permissions defined by the Partner, and the Partner retains ownership of the camera system and Video Information at all times except as otherwise set forth in this MOU. Partner agrees to allow access to Video Information in emergency situations when a 911 emergency call is made to Department or when Department becomes aware of an emergency situation at one of Partner’s school sites or facilities. An emergency situation is defined as a situation or set of circumstances in which there is a clear and present danger of serious physical injury to students, staff, or other individuals or a clear and present danger of serious physical damage to school district property. 1.4 With permission from Partner, Video Information accessed through the Fusus System may be retrieved by the Department for legitimate law enforcement purposes. Any Video Information downloaded and retained by the Department will be considered evidence and stored according to Department standards for evidentiary data, including compliance with FBI Criminal Justice Information Services (CJIS) standards. 1.5 The parties shall establish appropriate technical and administrative safeguards to ensure the integrity, confidentiality, and security of Video Information shared under this MOU. 1.6 This MOU details the protocols for accessing, retrieving, and managing Video Information through the Fusus System, ensuring transparency, security, and respect for the Partner's ownership rights over its Video Information. 11. INSTALLATION 2.1 Typical configuration may require installation of Fusus hardware and/or software at Partner location. The hardware and/or software either purchased by the Partner, or provided by Department, will be jointly installed by a Fusus specialist and Partner's IT professional. Partner will not be responsible for any costs associated with the use of the Fusus specialist. 2.2 Should network infrastructure or other equipment improvements be required for functionality between the Fusus System and Partner's camera system, the associated costs would be the Partner's discretion and sole responsibility. Docusign Envelope ID: 857790D0-DBBC-89AE-813C-AC687C8CF3C1Docusign Envelope ID: 6AD0926C-6908-82A1-80EC-AD05643BA4C4Docusign Envelope ID: CE755456-64B1-8993-82DD-230CFC1C9D9D 4922-2371-4946. v. 1 2.3 Subject to all of the terms and conditions of this MOU, Partner grants to Department a limited, revocable license to install, replace, maintain, repair, operate, and remove the Fusus System on Partner's camera system, which will be done in collaboration with Partner's IT professional for Department owned equipment. All costs associated with the installation, maintenance, repair, operation, and removal of Department owned Fusus hardware shall be borne solely by the Department, with the exception of the cost of Partner's IT Professional's time. For Partner owned equipment, Partner shall be responsible for all costs, however the costs of the Fusus Specialist shall remain with the Department and Fusus. 111. RESPONSIBILITIES OF DEPARTMENT 3.1 The Department will be permitted to access portions of the camera system designated by Partner for integration into the Fusus System. 3.2 The Department will ensure only authorized Department personnel will access Video Information for public safety purposes on behalf of the Department. The Department will ensure any employee responsible for Video Information access is trained on system use, confidentiality, and security of access. 3.3 Except as set forth in 3.4 below, the Department will not share, access, or provide access to Partner's camera system or Video Information with any third party, including but not limited to members of the public, any media or press outlet, any online media outlet (including any blogs or podcasts), or any other third party not directly employed by the Department, without first notifying Partner in writing through hardcopy or electronic format. The Department will direct any inquiries related to Partner or Partner's camera system and Video Information to the appropriate designee as indicated in Section IX. 3.4 The Department may share or release Video Information from Partner's camera system to other local, state or federal law enforcement/public safety agencies during the performance of duty to enhance a coordinated public safety response or investigation. Additionally, any Video Information retained by the Department as evidence may be released during the criminal justice process, including through lawful court order, discovery, subpoena, trial, or in response to a Public Records Act request. IV. RESPONSIBILITIES OF PARTNER 4.1 Partner will appoint and identify to the Department at least one (1) representative who has technical knowledge about Partner's camera system and who will serve as their primary point of contact with respect to this MOU. Docusign Envelope ID: 857790D0-DBBC-89AE-813C-AC687C8CF3C1Docusign Envelope ID: 6AD0926C-6908-82A1-80EC-AD05643BA4C4Docusign Envelope ID: CE755456-64B1-8993-82DD-230CFC1C9D9D 4922-2371-4946. v. 1 4.2 Partner's point of contact or Partner's IT professional is responsible for coordinating with the Department and working with the Fusus specialist as set forth in Section Il. 4.3 Partner will provide the Department with an emergency contact protocol and contact person. 4.4 When designating connections to the Fusus System, Partner shall not permit access to cameras placed in or aimed at locations where there is a legal expectation of privacy (e.g., inside homes, bedrooms, bathrooms, changing rooms, fitting rooms, staff locker rooms, tanning booths, etc). v. VIDEO ACCESSIBILITY RETRIEVAL & OWNERSHIP 5.1 Subject to the terms and conditions of this MOU, Partner hereby grants to the Department, its officers, representatives, agents and employees a limited, revocable license to access Partner's camera system, as designated and controlled by Partner, and t o access, view or share Video Information via the Fusus System at no charge for the purposes stated herein. Nothing in this agreement creates an expectation that Partner's camera system will be monitored by Department in real time. 5.2 The Department acknowledges and agrees that the Department's license to access the camera system and access, view, or share the Video Information shall be limited to the public safety purposes described herein. Access by the Department does not constitute commitment on the part of the Department that Video Information will be viewed when requested by Partner. Nothing herein shall be construed as creating a special relationship between Partner and the Department. 5.3 The Department may download Video Information that is considered evidentiary in nature. Any video to be retained that is not evidentiary in nature shall only be downloaded upon prior written approval from Partner. Any Video Information not downloaded or otherwise retained as evidence remains the exclusive property of the Partner, with full access and control. 5.4 Video that is downloaded from Partner's camera system that is deemed pertinent to an ongoing investigation or inquiry is deemed as property/evidence of the Department for all intents and purposes. VI. DISCLAIMERS AND LIABILITIES 6.1 The Department has no duty to access Partner's camera system nor to service or install any cameras on either Partner's nor the Department's behalf. Partner further acknowledges that the Department's intent with respect to this MOU is solely for public safety purposes. The Department acknowledges that Partner retains sole ownership of, sole responsibility for, and exclusive control over the camera system and Video Information. Docusign Envelope ID: 857790D0-DBBC-89AE-813C-AC687C8CF3C1Docusign Envelope ID: 6AD0926C-6908-82A1-80EC-AD05643BA4C4Docusign Envelope ID: CE755456-64B1-8993-82DD-230CFC1C9D9D 4922-2371-4946. v. 1 6.2 Except as specifically set forth otherwise in this MOU, the Department and Partner make no representations or warranties, either expressed or implied, of any kind with respect to the camera system or the Fusus System including without limitation, those of merchantability and fitness for a particular purpose, which without limiting the foregoing are disclaimed by both parties. 6.3 This MOU is not intended to and does not constitute, create, give rise to, or otherwise recognize a joint venture, partnership, corporation or other formal business association or organization of any kind between the parties. The rights and the obligations of the parties are limited to those expressly set forth in this MOU. Each party acknowledges that it is not a representative, employee, agent, or partner of any other party. 6.4 Each party shall be responsible for the acts or omissions of their agents and employees in the performance of their respective obligations under this MOU and for any claims of violations of California or federal law due to that party's use or disclosur e of Video Information. It is the intent of the parties that, where negligence is determined to have been contributory, principles of comparative negligence will be followed and each Party shall bear the proportionate cost of any loss, damage, expense and liability attributable to that party's negligence. For tort liability purposes, neither party shall be considered the agent of the other party. 6.5 Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity is applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of California to be sued by third parties in any matter, whether arising out of this MOU or any other contract. Vil. TERM AND REMOVAL OF HARDWARE/SOFTWARE 7.1 The effective date ("Effective Date") of this MOU shall be the last date that the MOU is executed either by the Department or Partner. This MOU shall begin as of the Effective Date and shall continue for three (3) years, unless otherwise terminated as provided herein. 7.2 While Partner may cease the sharing of Video Information at any time for any reason, it is requested that as a courtesy Partner provide Department with thirty (30) days' advance notice. Additionally, either party may terminate this MOU at any time and for any reason by giving sixty (60) days' written notice to the other party. Upon receipt of said notice, parties will coordinate the removal/deactivation of any Fusus software and hardware previously installed on Partner's camera system. Department will facilitate the removal of any and all necessary hardware and/or software at no cost to Partner, when the equipment is owned by the Department, within ten (10) days of the termination date of this MOU. Docusign Envelope ID: 857790D0-DBBC-89AE-813C-AC687C8CF3C1Docusign Envelope ID: 6AD0926C-6908-82A1-80EC-AD05643BA4C4Docusign Envelope ID: CE755456-64B1-8993-82DD-230CFC1C9D9D 4922-2371-4946. v. 1 Vill. NO ASSIGNMENT Neither party may assign or transfer all or any portion of this MOU or the rights and obligations granted hereunder without the prior written consent of the other party. NOTICES 9.1 Notices provided for in this MOU, except for emergency related notices, must be given in writing and may be delivered personally or by the United States mail service, first class and certified, return receipt requested, with postage prepaid and addressed as follows: FOR THE DEPARTMENT: Tustin Police Department Attn: Chief of Police 300 Centenial Way Tustin, CA 92780 FOR PARTNER: Tustin Unified School District Attn: Superintendent 300 South C Street Tustin, CA 92780 9.2 Changes to these addresses must be in writing and delivered in accordance with the provisions of this Section. 9.3 Notices delivered by mail are considered received three (3) days after mailing in accordance with this Section. Notices delivered personally are considered effective upon receipt. Refusal to accept delivery has the same effect as receipt. x. MISCELLANEOUS 10.1 No waiver or modification of this MOU or of any covenant, condition or limitation contained herein shall be valid unless it is reduced to written form and duly executed by the parties. No evidence of any waiver or modification of the terms herein shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising, in any manner, out of this MOU, unless such waiver or modification is in writing and duly executed by the parties. 10.2 The individuals executing this MOU each represent that they have the authorization to execute this MOU on behalf of their respective party. 10.3 This contains the sole and entire agreement between the parties. The parties acknowledge and agree that neither of them has made any representations with respect to the subject matter of this MOU or any representations inducing its execution and Docusign Envelope ID: 857790D0-DBBC-89AE-813C-AC687C8CF3C1Docusign Envelope ID: 6AD0926C-6908-82A1-80EC-AD05643BA4C4Docusign Envelope ID: CE755456-64B1-8993-82DD-230CFC1C9D9D 4922-2371-4946. v. 1 delivery except such representations as are specifically set forth in this writing, and the parties acknowledge that they have relied on their own judgment in entering into the same. The parties further acknowledge that any statements or representations that may have been made by either of them to the other are void and of no effect and that neither of them has relied on such statements or representations in connection with its dealings with the other. 10.4 If any term, covenant, condition or provision of this MOU is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 10.5 This MOU shall be interpreted and construed in accordance with and governed by the laws of the State of California. The parties agree and accept that jurisdiction of any controversies or legal issues arising out of this MOU, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the courts having jurisdiction over Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. The parties specifically waive any and all rights to request that an action be transferred for adjudication to another county. Should the parties be involved in legal action arising from, or related to, this MOU, each party shall bear its own attorneys' fees, costs, and expenses. ITHE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANKI Docusign Envelope ID: 857790D0-DBBC-89AE-813C-AC687C8CF3C1Docusign Envelope ID: 6AD0926C-6908-82A1-80EC-AD05643BA4C4Docusign Envelope ID: CE755456-64B1-8993-82DD-230CFC1C9D9D 4922-2371-4946. v. 1 IN WIINESS WHEREOF, this Memorandum of Understanding is entered into on the dates set forth below by the undersigned parties. TUSTIN UNIFIED SCHOOL DISTRICT, an Orange County school district, doing business in the City of Tustin, County of Orange, State of California. By: Partner - Superintendent Name: Dr. Mark Johnson Signature: ________________________________ Date: _________________ By: Department - Chief of Police Name: Chief Sean Thuilliez Signature: ________________________________ Date: _________________ Docusign Envelope ID: 857790D0-DBBC-89AE-813C-AC687C8CF3C1Docusign Envelope ID: 6AD0926C-6908-82A1-80EC-AD05643BA4C4Docusign Envelope ID: CE755456-64B1-8993-82DD-230CFC1C9D9D