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Home My WebLink About16-1107 U-46 Video Intergovernmental Agreement VIDEO INTEGRATION AGREEMENT THIS AGREEMENT is hereby made and entered into this 7 7-4 day of �V O 'JE/Krd', 2016, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City") and the Board of Education of School District U-46, a unit school district organized under the statutes of the State of Illinois (hereinafter referred to as the "District"). WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1, et seq.) provides in pertinent part that any power or powers, privileges, functions or authority exercised or which may be exercised by a public agency of this State may be exercised, combined, transferred, and enjoyed jointly with any other public agency of this State; and WHEREAS, the District and the City each have determined it to be in their best interests to federate existing U-46 security cameras (hereinafter referred to as "Cameras") into the Real Time Information Center housed at the City's Police Department and provide access to the Cameras' images to the City's police for law enforcement purposes subject to the limitations in this agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto hereby agree as follows: 1. The above recitals are /incor porated into this agreement as if fully recited hereby. 2. On or before 1 I /`7 !2v IC", the District and City shall provide for the federation and integration of the Camera's images from all District U-46 Schools located within the city of Elgin on the Districts Genetec Video Management Platform (VMS). Cameras may be viewed by members of the City's Police Department only for the following reasons: i. The police department receives a call for police assistance from the school. ii. The police department receives a call for police assistance from any person regarding a suspected criminal activity on or around school property. iii. An alarm of any kind (i.e. fire, burglar, or panic) was received by from the school. iv. A human or natural hazard is reported or observed on or around school property V. To facilitate a tactical view of a particular building due to a police response to a potentially dangerous situation. 3. The City shall not create or retain any recordings from the Cameras unless the Superintendent of the District or the Superintendent's designee consents to such retention. If the City receives a Freedom of Information Act request for any District digital images, the City shall immediately notify the District and work in good faith with the District before responding to the Freedom of Information Act request. Page 1 of 4 4. The images created on the Cameras are created for security purposes and are therefore not school student records as defined by Section 2 of the Illinois School Student Record Act, 105 ILCS 10/2 or Section 375.10 of the Illinois Administrative Regulations, 23 ILADC 375.10. Such images may, however, become student records if subsequently used by the District in a student disciplinary matter. If that is the case, the District shall notify the City Police Chief and the City shall erase any images that the City has retained and that have become school student records, unless such images are part of an active police investigation into actual or suspected criminal activity. 5. The District shall pay all Camera maintenance costs on District owned cameras at the District's sole expense, and this agreement does not bind the District to maintaining any of the above mentioned cameras. 6. The City shall bear the sole cost of any and all licenses and installation as may be required to effectuate this agreement, including but not limited to the cost of any federation licenses, with no immediate or future costs to School District U-46. 7. It is agreed and understood that the City Police Department will not be monitoring the cameras or the images therefrom on a regular or continual basis and nothing in this agreement is intended or shall be construed as requiring or authorizing the City to do so. 8. It is agreed and understood that the City Police Department will not have access to District video archives. Normal District procedures will need to be followed by the City Police Department to obtain archival footage. 9. It is agreed and understood that all City Police personnel who will access to District cameras must take part in a once a year training session hosted by The Director of Safety and Culture of the District. 10. It is agreed and understood that The Director of Safety and Culture of the District and the Commander and Sergeant of the Technical Investigations Division will meet on a quarterly basis to review the terms of this agreement. 11. The City Police Department will have no School District U-46 administrative rights or privileges to District systems or property. 12. It is agreed and understood that no special duties or obligations are intended nor shall be deemed or construed to be created by this agreement. It is further agreed and understood that this agreement is not intended nor shall be construed to alter, limit or constitute a waiver of any of the civil immunities afforded the City and/or the District and/or their officials, officers, employees and/or agents pursuant to the Local Governmental and Governmental Employees Tort Immunity Act at 745 ILCS 10/1-101, et seq., as amended, or otherwise provided by law, it being agreed that all civil immunities as set forth in such Act, as amended, and/or as otherwise provided by law shall fully apply to any claims asserted or which might be asserted against the 2 City and/or the District and/or their respective officials, officers, employees and/or agents as a result of this agreement or any of the actions of the parties pursuant to this agreement. Without limiting the foregoing, it is further agreed and understood that the City and/or the District and/or their respective officials, officers, employees and/or agents as a result of this agreement or any of the actions of the parties pursuant to this agreement shall not be liable to any person or entity for failure to provide adequate police protection or service, failure to prevent the commission of crimes, failure to detect or solve crimes and/or failure to identify or apprehend criminals. Notwithstanding anything to the contrary in this agreement, it is agreed and understood that no third party beneficiaries are intended or shall be construed to be created by the provisions of this agreement and it is the intention of the parties hereto that no action may be commenced by any person or entity against the City and/or the District and/or their respective officials, officers, employees, agents and/or other related persons or entities for monetary damages as a result of this agreement or any of the actions of the parties pursuant to this agreement. The provisions of this section shall survive an expiration and/or termination of this agreement. 13. This agreement shall expire after 1 year of this agreement to be reviewed annually. Either party hereto may terminate this agreement upon thirty (30) days written notice without penalty, liability or additional cost. 14. Cost of Disconnection. Upon the termination or expiration of this agreement, the District will not incur any costs of disconnection or removal of any equipment. Cameras from the City's Real Time Information Center video management system shall be disconnected from the District system at the sole cost of the City. 15. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any dispute or the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois. 16. The terms of this agreement shall be severable. In the event any of the terms or the provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. 17. This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e- mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for 3 these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e- mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. 18. This agreement is the only agreement between the parties hereto regarding the subject matter hereof. There are no other agreements between the parties hereto regarding the subject matter hereof, either oral, written or implied. This agreement may not be amended other than by a written agreement of the parties hereto. 19. This agreement is and shall be deemed and construed to be a joint and collective work product of the City and the District and, as such, this agreement shall not be construed against the other party as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, in the terms and provisions contained herein. IN WITNESS WHEREOF, the undersigned have entered into and executed this agreement on the date and year first written above. CITY OF ELGIN BOARD OF EDUCATION OF SCHOOL DISTRICT U 6 By: By: Rick Koza , City Mana er ` Its: Bo�'� ��c.c.'c�0Ar- Date: Attest: 3 /V �c &X.4 ity y Jerk 4