IGA with CUSD and CPD

INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CHANDLER UNIFIED SCHOOL DISTRICT NO. 80
AND
THE CITY OF CHANDLER
FOR POLICE DEPARTMENT SURVEILLANCE SYSTEM EMERGENCY ACCESS

This Intergovernmental Agreement (“IGA”) is entered by and between the Chandler
Unified School District No. 80, a political subdivision of the State of Arizona (“District’’), and
the City of Chandler, a political subdivision of the State of Arizona, on behalf of the Chandler
Police Department (“City”) for the provision of emergency access to District campus
surveillance systems. District and City may be referred to herein individually as “Party” and
collectively as “Parties.”

RECITALS

WHEREAS, the Parties are authorized to enter into this Agreement pursuant to A.R.S. §
11-952 et seq.; and

WHEREAS, the Parties have placed City peace officers in certain District school
campuses as School Resource Officers; and

WHEREAS, City responds to calls for police service at District campuses located
within the boundaries of the City; and

WHEREAS, in the event of an ongoing emergency on a District school campus or
involving a District campus, the Parties desire to provide first responders with information
available through the respective campus security camera/surveillance system(s) in the interest
of the safety of all involved; and

WHEREAS, the Parties desire to work in cooperation with one another to further the
public interests served by prompt and informed emergency response services pursuant to
applicable laws, policies, and the terms of this IGA.

AGREEMENT

NOW THEREFORE, in consideration of the mutual promises and undertakings
contained herein, the parties agree as follows:

1. PURPOSE AND INTENT
The purpose of this IGA is to set forth the responsibilities of the parties for the provision
of emergency access to District campus surveillance systems, and to address legal and
administrative matters among the parties.

II. SCOPE AND CONDITION

City acknowledges and agrees that District will only grant City access to any District
campus surveillance system(s) during and in response to an active/ongoing emergency
occurring on or involving a District campus, under the supervision and guidance of a District
employee, and only to the extent necessary to protect the health or safety of the student or other
individuals as determined by the District. “Emergency” means a situation in which articulable

facts indicate that a significant threat to the health or safety of a student or other individuals
exists. City will not have access to any District campus surveillance system for any other
purpose or at any other time. City will not have access to the surveillance system of any
campus that is not involved in the active/ongoing emergency.

Il. TERM TERMINATION AND RENEWAL

A. This IGA shall become effective April 3, 2023 and shall remain in effect for 3
years thereafter, unless otherwise terminated or renewed by the Parties.

B. Either Party may terminate this IGA, with or without cause, by providing 15
days’ advance written notice of termination to the other Party.

IV. RESPONSIBILITIES OF THE PARTIES

A. District shall provide City access to District campus surveillance systems under
the supervision and guidance of a District employee when District determines, based upon the
totality of the circumstances at the time of the determination, that there is an articulable and
significant threat to the health or safety of a student or other individuals and the information
available through the surveillance system is necessary to protect the health or safety of the
student or other individuals.

B. City shall have access to District campus surveillance systems when District
grants such access in ongoing/active emergency basis as determined by the District under the
terms of this IGA. The City shall not navigate or use the District’s surveillance system without
an authorized District employee to guide such access, and the City agrees it will not record, re-
disclose, or otherwise duplicate the information on the District’s surveillance system without a
subpoena as required under FERPA.

V. CONFIDENTIALITY

City understands and agrees that District campus surveillance footage is subject to the
provisions and confidentiality provided under the Family Education Rights and Privacy Act (20
U.S.C. 1232g; 34 C.F.R. Part 99) (“FERPA”). City further understands and agrees that any use
of District campus surveillance footage will comply with FERPA and City shall not access
District campus surveillance footage outside of the tenants of this IGA and FERPA.

VI SUPERVISION. EQUIPMENT AND MATERIALS

No employee, agent, or servant of a Party shall be deemed to be an employee, agent or
servant of the other Party. Each Party will be solely and entirely responsible for its acts and the
acts of its employees, agents, servants, subcontractors, and volunteers during the performance
of this IGA. Each Party will have total responsibility for all salaries, wages, bonuses, retirement
withholdings, worker’s compensation, occupational disease compensation, unemployment
compensation, other employment compensation, other employee benefits, and all employer’s
taxes and premiums concerning any Party-personnel involved in the performance of this IGA,
and each Party agrees to hold the other Party harmless from any liability therefrom.

District shall have sole supervisory authority over District personnel, operations,
services, property, facilities and materials; and City shall have sole supervisory authority over
City personnel, operations, services, property, facilities and materials.

Except as otherwise provided in this IGA, the Parties agree to avoid using the other
Party’s materials and/or equipment for purposes not directly associated with the purpose and
intent of this IGA without the prior express written consent from the Party to whom the
equipment and/or materials belong. However, this provision shall not be construed to prohibit
any use of materials or equipment of another Party that is merely nominal, incidental, or on an
emergency basis.

VIL RECORDS
Each Party acknowledges and agrees that the other Party shall respectively administer
records in its possession according to applicable laws, regulations, rules and policies.

VII. OPEN COMMUNICATIONS

District and City shall maintain open communications between each Party’s designated
point of contact [“POC”] (listed in Section XI(A) below) to ensure the agreed upon
performances are provided and maintained throughout the term of this IGA. Parties shall
maintain open communication regarding needs arising out of the IGA.

IX. INSURANCE

Each Party acknowledges and affirms that it has appropriate and adequate insurance
coverage for its official operations, duties and activities, and that it will maintain such coverage,
at its own expense, for the duration of this IGA.

X. INDEMNIFICATION
To the maximum extent permitted by law, each Party (as “Indemmitor”) agrees to

indemnify, defend and hold harmless the other Party, its officers, officials, agents, employees, or
volunteers from and against any and all claims, losses, liability, costs or expenses (including
reasonable attorney’s fees) (hereinafter collectively referred to as “Claims”) arising out of
actions taken in performance of this IGA to the extent that such Claims are caused by the acts,
omissions, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents,
employees, or volunteers. If a Claim or Claims by third parties becomes subject to this section,
the governmental parties to this IGA that are the subject of the Claim or Claims shall cooperate
to the maximum extent possible.

XI. STANDARD TERMS

A. Notices. All notices to the other Party required under this IGA shall be in writing
and sent to the following personnel:

If to District: Superintendent
Chandler Unified School District
1525 West Frye Rd.
Chandler, AZ 85224
(480) 812-7600

If to City: City Manager
City of Chandler
(480) 782-2210

With a copy to: Chief of Police
Chandler Police Department
(480) 782-4101

B. Modification. This IGA shall not be modified or extended, except by a signed
written agreement executed by both Parties.
Cc. Relationship of the Parties. Each Party shall act in its individual capacity and not

as an agent, employee, partner, joint venture, associate, or any other representative capacity of
the other party. This IGA shall not be construed to imply authority to perform any tasks, or
accept any responsibility, not expressly set forth herein. This IGA shall be strictly construed
against the creation of a duty or responsibility unless the intention to do so is clearly and
unambiguously set forth herein.

D. Governing Law. To the maximum extent possible, terms and conditions of this
IGA shall be governed by and interpreted in accordance with the laws and regulations of the
State of Arizona.

E. _Interparty Dispute Resolution. If a dispute between the Parties arises out of or
relates to this IGA, and if the dispute cannot be settled through negotiation within 60 days, the
Parties agree first to try in good faith to resolve the dispute by mediation before resorting to
litigation. The Parties shall mutually agree upon a mediator. Each party agrees to bear its own
costs of mediation, and to split the mediator fee. If mediation fails, any claim or action arising
out of this IGA shall be brought in the Maricopa County Superior Court.

F. Non-assignment. This IGA has been entered into based upon the personal
reputation, expertise and qualifications of the Parties. Neither Party shall assign its interest in
this IGA, in whole or in part, without the prior written consent of the other Party. Neither Party
shall assign any monies due or to become due to it hereunder without the prior written consent
of the other Party.

G. Entire IGA. This IGA represents the entire agreement between the Parties and
supersedes all prior negotiations, representations or agreements, either expressed or implied,
written or oral. It is mutually understood and agreed that no alteration or variation of the terms
and conditions of this IGA shall be valid unless made in writing and signed by the Parties.

H. Severability. If any part, term or provision of this IGA shall be held illegal,
unenforceable or in conflict with any law, the validity of the remaining portions and provisions
hereof shall not be affected.

L * Conflicts of Interest. The provisions of A.R.S. § 38-51 1 relating to cancellation
of contracts due to conflicts of interest shall apply to this IGA.
J. Other Duties Imposed by Law. Nothing in this IGA shall be construed as

relieving the involved public agencies of any obligation or responsibility imposed on it by law.

K. Compliance with Laws and Policies. The parties shall comply with all federal,

state and local laws, rules, regulations, standards and Executive Orders, without limitation to *
those designated within this IGA. Furthermore, the Parties agree to abide by each Patty’s
policies to the extent appropriate and required or permitted by law.

L. Workers’ Compensation. To the extent applicable by law, each Party shall
comply with the notice of A.R.S. § 23-1022(%). For purposes of A.R.S. § 23-1022, each Party
shall be considered the primary employer of all personnel currently or hereafter employed by
that Party, irrespective of the operations of protocol in place, and said Party shall have the sole
responsibility for the payment of Worker’s Compensation benefits or other fringe benefits of

said employees.

M. Non-Discrimination and Compliance with Civil Rights. To the extent applicable
by law, the Parties agree to comply with A.R.S. Title 41, Chapter 9 (Civil Rights), Arizona
Executive Order 2009-09 and any other federal or state laws relating to equal opportunity and
nondiscrimination, including the Americans with Disabilities Act, including flow down of all
provisions and requirements to any subcontractors. In the performance of this contract, neither
party shall discriminate against any employee, client or any other individual in any way
because of that person’s age, race, creed, color, religion, sex, disability or national origin.

N. E-Verify, Records and Audits. To the extent applicable under A.R.S. § 41-4401,
the Parties and their respective subcontractors warrant compliance with all federal immigration
laws and regulations that relate to their employees and compliance with the E-verify
requirements under A.R.S. § 23-214(A). A Party’s or subcontractor’s breach of the above-
mentioned warranty shall be deemed a material breach of the IGA and may result in the
termination of the IGA by either party under the terms of this IGA. The Parties each retain the
legal right to randomly inspect the papers and records of each other Patty and each other Party’
subcontractors who work under this IGA to ensure that the other patty and its subcontractors
are complying with the above-mentioned warranty. The Parties warrant to keep their respective
papers and records open for random inspection during normal business hours by each other
Party. The Parties and their respective subcontractors shall cooperate with each other Party’s
random inspections including granting the inspecting Party entry rights onto their respective
-properties to perform the random inspections and waiving their respective rights to keep such
papers and records confidential.

oO. No Third-Party Beneficiaries. Nothing in this IGA is intended to create duties or
obligations to or rights in third parties not Parties to this IGA or affect the legal liability of
either Party to the IGA by imposing any standard of care with respect to the maintenance of
public facilities different from the standard of care imposed by law.

P. Headings. The section headings shall not be used in the construction or
interpretation hereof as they have no substantive effect and are for convenience only.

Q. Non-Appropriation. Notwithstanding any other provision in this IGA, this IGA
may be terminated if for any reason either party does not appropriate sufficient monies for the
purpose of maintaining this IGA. In the event of such cancellation, the canceling party shall
have no further obligation other than for payment for services rendered prior to cancellation,

R. Uncontrollable Events. No Party shall be considered to be in default of this IGA
if failure of performance is due to an uncontrollable event. The term "uncontrollable event"
means any cause beyond the control of the Party affected, including but not limited to flood,

earthquake, storm, fire, epidemic, war, riot, civil disturbance or disobedience, labor dispute,
and action or non-action by or failure to obtain the necessary authorizations or approvals from
any governmental agency or authority or the electorate, labor or material shortage, sabotage
and restraint by court order or public authority, that by exercise of due diligence and foresight
the Party reasonably could not have been expected to avoid and that by exercise of due
diligence it will be unable to overcome. A Party that is rendered unable to fulfill any obligation
by reason of an uncontrollable event shall exercise due diligence to remove such inability with
all reasonable dispatch.

Ss. Counterparts, This IGA may be signed in counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the patties hereto have caused this IGA to be executed by the
following duly authorized representatives:

FOR DISTRICT FOR CITY

Hs Kevin Harke, Mayor . Date

APPROVED AS TO FORM: APPROVED.AS TO FORM:
Aree Lap 4/6/23
District Legal Counsel Date City Attomey o, Py Date

Narducci, Sip¢rinterfdent