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HomeMy WebLinkAbout009-R-23 Authorizing the City Manager to Amend the Intergovernmental Agreement for Reciprocal Reporting and School Resource Officer Between the City of Evanston and the Board of Education of Evanston Township High School District No. 2021/23/2023 9-R-23 A RESOLUTION Authorizing the City Manager to Amend the Intergovernmental Agreement for Reciprocal Reporting and School Resource Officer Between the City of Evanston and the Board of Education of Evanston Township High School District No. 202 WHEREAS, the City of Evanston (“City”) and the Board of Education of Evanston Township High School District No. 202 (“ETHS”) entered into an Intergovernmental Agreement in 2019 calling for the parties to share resources to better the community; and WHEREAS, ETHS has developed a digital video surveillance system that in specific emergency situations could assist the City and Evanston Police Department in providing vital emergency safety services to ETHS; and WHEREAS, the City and ETHS agree that to continue to share resources to better the community, the Evanston Police Department needs access to said system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: The City Manager is hereby authorized and directed to sign, and the City Clerk hereby authorized and directed to attest on behalf of the City, an amendment to the Intergovernmental Agreement between the City and ETHS. A copy of the amendment is attached herein as Exhibit A. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional terms and conditions of said leases as he may determine to be in the best interests of the City and in a form acceptable to the Corporation Counsel. ~1~ Page 1 of 5 Doc ID: 765d83654c63a5a8c693705694453272eabf976f 9-R-23 ~2~ SECTION 3: This Resolution shall be in full force and effect from and after its adoption. _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2023 Approved to form: _______________________________ Nicholas E. Cummings, Corporation Counsel January 23 Page 2 of 5 Doc ID: 765d83654c63a5a8c693705694453272eabf976f 9-R-23 ~3~ EXHIBIT A Page 3 of 5 Doc ID: 765d83654c63a5a8c693705694453272eabf976f 1 FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR RECIPROCAL REPORTING AND SCHOOL RESOURCE OFFICER THIS FIRST AMENDMENT OF THE INTERGOVERNMENTAL AGREEMENT FOR RECIPROCAL REPORTING AND SCHOOL RESOURCE OFFICER (this "Amendment") is made as of the effective date set forth in Section 3 below and is by and between THE CITY OF EVANSTON, an Illinois municipal corporation (hereinafter referred to as "City") and BOARD OF EDUCATION OF EVANSTON TOWNSHIP HIGH SCHOOL DISTRICT NO. 202 Cook County, Illinois (hereinafter referred to as “ETHS”). The City and ETHS shall be referred to collectively as the “Parties”. WITNESSETH WHEREAS, the City and ETHS entered into an Intergovernmental Agreement dated March 28, 2019 (the “Agreement”) (the terms and conditions of which are incorporated herein as Exhibit “A”), to share public safety resources to better serve the community and High School (the “Services”); and WHEREAS, ETHS has developed a digital video surveillance system that in specific emergency situations could assist the City School Resource Officers and police department in providing vital emergency safety services to ETHS; and WHEREAS, to continue to share resources to better the community, the Parties wish to permit the City’s police department in limited circumstances as outlined in this amendment to have access to the ETHS video surveillance equipment into the existing Agreement. NOW THEREFORE, in consideration of the mutual observance of the covenants, conditions and promises set forth below and the parties agree to amend the Agreement as follows: Section 1. Amendment to Agreement. The Agreement is hereby amended by adding new Sections III.D-F to Section III, Reciprocal Reporting, of the Agreement as set forth below: III. RECIPROCAL REPORTING D. Provision of Digital Camera System Software. ETHS will provide the City Police Department with the necessary software to enable the City Police Department to view real time images created by the ETHS digital cameras on City Police Department Computers. The City shall enter into any required software license agreement with the vendor at the City’s sole cost. E. Limited Viewing. Individuals authorized to view images created by ETHS digital cameras shall be limited to the City Police Chief, City Police Department employees authorized by the Chief or, in the absence of the Chief, the Chief’s designee (“Authorized Viewers”). Authorized Viewers shall only view real time images created by ETHS digital cameras when viewing is necessary for the City Police Department to deter or protect against an Page 4 of 5 Doc ID: 765d83654c63a5a8c693705694453272eabf976f 2 imminent and substantial threat that is likely to result in significant bodily harm or damage to School property. The City may create or retain any recordings of ETHS’s digital images associated with an active investigation and in such a case, the City shall notify ETHS in writing that it is retaining such a recording and include a general description of the incident and the date and time of the incident recorded. If the City receives a Freedom of Information Act (“FOIA”) request for any such ETHS digital images, the City shall immediately notify ETHS and work in good faith with ETHS before responding to the FOIA request. F. School Student Records. The images created on ETHS’s digital cameras are created for security purposes and are therefore not 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 ETHS in a student disciplinary matter. In that case, ETHS shall notify the City Police Chief and the City shall erase any images that the City has retained and that have become student records, unless such images are part of an active police investigation into actual or suspected criminal activity. Section 2. Validity of Agreement: Except as amended herein, all other terms and conditions of the Agreement shall remain in full force and effect. If there is any conflict between the terms of the Agreement and this Amendment, the terms of this Amendment shall control. Section 3. Effective Date. This Agreement shall be deemed dated and become effective on the date the last of the parties signs as set forth below the signature of their duly authorized representatives. IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed the day and year first above written. CITY OF EVANSTON, EVANSTON TOWNSHIP HIGH SCHOOL DISTRICT NO. 202. an Illinois Municipal Corporation By:________________________________ By: _______________________________ Print Name: Luke Stowe Print Name: _________________________ Its: City Manager Its: Superintendent Date:________________________________ Date: ______________________________ Page 5 of 5 Doc ID: 765d83654c63a5a8c693705694453272eabf976f