IGA Surveillance System Emergency Access

INTERGOVERNMENTAL AGREEMENT
BETWEEN
MESA UNIFIED SCHOOL DISTRICT
AND
CITY OF CHANDLER
FOR
SURVEILLANCE SYSTEM EMERGENCY ACCESS

This Intergovernmental Agreement (“IGA”) is entered into this ist day of September, 2024, by
and between the Mesa Unified School District #4, a political subdivision of the State of Arizona,
(“District”) and the City of Chandler, a political subdivision of the State of Arizona (“City”) for
the provision of emergency access to District campus surveillance systems by the Chandler Police
Department. District and City may be referred to herein individually as “Party” and collectively
as “Parties.”

RECITALS

WHEREAS, District and City are authorized to enter into this IGA pursuant to A.R.S. §§
11-951 et seq.

WHEREAS, District is the largest school district by student enrollment in Arizona,
educating more than 64,500 students in 82 schools and programs.

WHEREAS, Chandler Police Department School Resources Officers perform certain
public safety services in specific District school campuses.

WHEREAS, the Chandler Police Department responds to calls for police service at
District school campuses (“District Campus(es)”) located within the boundaries of the City.

WHEREAS, in the event of an ongoing emergency on a District Campus or involving a
District Campus, the Parties desire to provide first responders with information available through
the respective District Campus security camera and surveillance systems (collectively, “Campus
Surveillance System(s)”) in the interest of the safety of all involved.

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:

I. PURPOSE AND INTENT

The purpose of this IGA is to set forth the responsibilities of the Parties for the provision
of emergency access to Campus Surveillance Systems, and to address legal and
administrative matters among the Parties.

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II.

Il.

SCOPE AND CONDITION

A.

District shall provide Authorized Users of the City the limited ability to access Campus
Surveillance Systems solely for the purpose of responding to an Emergency occurring
on or involving a District Campus. The permission provided under this IGA is solely
for Emergency circumstances and only for the District Campuses involved in such
Emergency. For the purpose of this IGA:

1. “Authorized User” means a City employee identified by the Chandler Police
Department as essential to providing an active or ongoing emergency response
and who is authorized by the Chief of Police, or their designee, to access
Campus Surveillance Systems.

2. “Emergency” means an active or ongoing situation in which articulable facts
indicate that a significant threat to the health or safety of a student or other
individuals exists.

City shall provide information of the Authorized Users to District. Access to Campus
Surveillance System(s) shall be granted to Authorized Users through secure technology
with an option allowing the Campus Surveillance System(s) to be utilized by
Authorized Users remotely.

City acknowledges and agrees that access utilized by an Authorized User to any
Campus Surveillance System shall only be utilized during and in response to
Emergency occurring on or involving a District Campus. Authorized Users are not
required to obtain prior approval from the District to utilize their access to the Campus
Surveillance System(s) in response to an Emergency occurring on or involving a
District Campus. Authorized Users shall not access any Campus Surveillance System
for any other purpose or at any other time without the District’s express written
permission for such non-Emergency access. City shall not access the Campus
Surveillance System of any District Campus that is not involved in the Emergency
without the District’s express written permission.

City shall promptly notify District of any Authorized Users who are no longer identified
as an Authorized User. District may revoke an Authorized User’s access to Campus
Surveillance System(s), after providing written notice to and conferring with the City,
if an Authorized User is found to have utilized their access to Campus Surveillance
System(s) in violation of this IGA or is no longer identified as an Authorized User by
the City. All Authorized User access log information shall be kept by District and may
be provided to City upon request.

TERM, TERMINATION AND RENEWAL

A.

B.

This IGA shall become effective on the 1st day of September, 2024 and shall remain
in effect through June 30, 2028, unless otherwise terminated or renewed as provided
herein.

Either Party to this IGA may request a renewal of this IGA for up to an additional five
(5) year term by providing advance notice at least sixty (60) days prior to the
termination date. Any renewal of this IGA must be via written notice mutually agreed
upon.

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

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VII.

VIII.

RESPONSIBILITIES OF THE PARTIES

A. District will provide City with access to Campus Surveillance Systems pursuant to the
terms of this IGA.

B. City will access Campus Surveillance Systems only in an Emergency pursuant to the
terms of this IGA. City will provide copies of reports and/or other supporting
documentation related to the City’s utilization of access to Campus Surveillance
Systems upon the District’s request.

CONFIDENTIALITY

City acknowledges and agrees that Campus Surveillance System 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 agrees that any use of Campus
Surveillance System footage will comply with FERPA and City shall not access Campus
Surveillance System footage outside of the terms of this IGA.

SUPERVISION, EQUIPMENT AND MATERIALS

No employee, agent, or volunteer of a Party shall be deemed to be an employee, agent or
volunteer of the other Party. Each Party will be solely and entirely responsible for its acts
and the acts of its employees, agents, and volunteers during the performance of this IGA.
Each Party will be responsible 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’s personnel involved in the
performance of this IGA, and each Party agrees to hold the other Party harmless from any
liability thereof.

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.

RECORDS

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

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

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XI.

performances are provided and maintained throughout the term of this IGA. Parties shall
maintain open communication regarding needs arising out of the IGA.

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.

INDEMNIFICATION

To the maximum extent permitted by law, each Party (as “Indemnitor”) agrees to
indemnify, defend and hold harmless the other Party (as “Indemnitee”), 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 the duty to indemnify, defend and hold
harmless set forth in this Section, then the Indemnitee agrees to cooperate with the
Indemnitor in the defense of the Claim, at the Indemnitor’s sole cost and expense, but only
to the extent that such Claim is not related to an independent Claim of the third-party
against the Indemnitee that is not subject to this Section.

STANDARD TERMS

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

If to District: Superintendent
Mesa Unified School District No. 4
63 E. Main Street #101
Mesa, AZ 85201

If to City: Chief of Police
City of Chandler Police Department
P.O. Box 4008, MS 303
Chandler, AZ 85244-4008

With a copy to:

City Attorney

City of Chandler

175 South Arizona Avenue, MS602
Chandler, AZ 85225

B. Modification. This IGA shall not be modified or extended, except by a mutually signed
written agreement.

C. 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. Each Party shall be solely and entirely responsible for its

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acts or acts of its agents and employees during the performance of this IGA. This IGA
shall not be construed to imply authority to perform any tasks, or accept any
responsibility, of the other Party 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. Neither Party shall be liable for
any debts, accounts, obligations or other liabilities whatsoever of the other Party,
including, but without limitation, the other Party’s obligation to withhold Social
Security and income taxes for itself or any of its employees. Nothing contained in this
IGA confers any right to any person or entity not a party to this IGA.

Governing Law and Venue. This IGA shall be governed by and interpreted in
accordance with the laws and regulations of the State of Arizona. Any action relating
to this IGA shall be brought in a court of appropriate jurisdiction in Maricopa County.

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, 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 splitthe mediator fee. If mediation fails, any claim or action
arising out of this IGA shall be brought inthe Maricopa County Superior Court.

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.

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.

. Severability. If any part, term or provision of this IGA shall be held unenforceable or

in conflict with any law, the validity of the remaining portions and provisions hereof
shall not be affected.

Conflicts of Interest. The provisions of A.R.S. § 38-511 relating to cancellation of
contracts due to conflicts of interest shall apply to this IGA.

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.

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.

Workers’ Compensation. To the extent applicable by law, each Party shall comply
with the notice of A.R.S. § 23-1022(E). 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

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Party shall have the sole responsibility for the payment of Worker’s Compensation
benefits or other fringe benefits of said employees.

. 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, state, or local laws relating to equal
opportunity and non-discrimination, 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 on the basis of race, color, ethnicity, national origin, age,
disability, religion, sex, sexual orientation, gender identity, veteran's status, marital
status, familial status, or genetic information.

. 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 Party and each other Party’ subcontractors who work under this IGA to
ensure that the other Party 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.

. 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 different from the standard
of care imposed by law.

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

. 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.

. Uncontrollable Events. No Party shall 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

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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.

. 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.

(SIGNATURES ON THE FOLLOWING PAGE)

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

DISTRICT city
Mesa Unified School District No. 4 CITY OF CHANDLER
ThisQO_ day of August, 2024 This __ day of September, 2024

By:
Joshua Wright
City Manager
Mesa Public School City of Chandler
ATTEST: ATTEST:
(amesIeibes

Governing Board / City Clerk
Mesa Public ay City of Chandler

Copies of the appropriate action by ordinance, resolution, or otherwise authorizing the respective
parties to enter into this Agreement are attached hereto.

In accordance with A.R.S. § 11-952, this contract has been reviewed by the undersigned who

have determined that this contract is in appropriate form and within the powers and authority
granted to each respective body.

This igs day of August, 2024 This 1st__ day of September, 2024

Kaew Kran Can P_UMée
Attorney fpr\District|) Chandler City Attorney

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