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HomeMy WebLinkAbout19-0412 School District U46 (,,PR INTERGOVENMENTAL AGREEMENT VIDEO INTEGRATION AND ARCHIVE AGREEMENT THIS AGREEMENT is hereby made and entered into this /A. day of , 2019 , by and between the City of Elgin, Illinois, a municipal corporation (her inafter 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 exercised, combined, transferred, and enjoyed jointly with any other public agency of this State; and WHEREAS, the District and the City have previously entered into a Video Integration Agreement dated November 7, 2016 which provided for the integration of District security cameras into the City's Real Time Information Center at the City's Police Department to provide viewing access to the City's police officers (hereinafter referred to herein as "Archives"), a copy of which is attached hereto and made a part of hereof as attachment A; and WHEREAS, the parties hereto have each determined it to be in their best interests to provide,for video archive access by the City's police officers. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. The above recitals are incorporated into this agreement as if fully recited hereby. 2. The District shall continue to provide integrated viewing capability to the City during the term of this agreement. 3. The City shall have access to the Archives for purposes of observing potential criminal activity involving reasonably recent incidents in any of the following circumstances: (a) The police department receives a call for police assistance from the school. (b) The police department receives a call for police assistance from any person regarding a suspected criminal activity on or around school property. (c) An alarm of any kind (i.e. fire, burglar, or panic) was received by/from the school. (d) A human or natural hazard is reported or observed on or around school property. (e) To facilitate a tactical view of a particular building due to a police response to a potentially dangerous situation. The City may copy and/or retain any Archive images which are reasonably part of an active police investigation or may as be necessary for evidentiary purposes. In the event that the subject images are subsequently used by the District in a student disciplinary matter, the City shall erase any such images in its possession to the extent such erasure does not otherwise conflict with the provisions and intent of this agreement. 4. Notwithstanding anything to the contrary provided for herein, good faith compliance with the Illinois Freedom of Information Act by the City shall not constitute, and shall not be construed as constituting a violation of this agreement. 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. 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 seg., 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 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. 6. This agreement shall terminate on December 31, 2023. 7. Cost of Disconnection. Upon the termination or expiration of this agreement, the District shall not be liable for 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. 8. 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. 2 9. 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. 10. 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 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. 11. 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. 12. 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. 13. This agreement may be terminated by either party hereto upon thirty (30) days written notice without penalty, liability or additional costs. 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-46 By: By: A.A...-64..., iri.A.A... Richard G. Koza , Manag Its: PREs IDTiJr Date: 51201►/ A e 4-111"bs City Clerk F.U.egal Dept\Agrcement\Video Archive Agr-U-46-I 2-7-I 8.docx 3