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HomeMy WebLinkAboutAGMT - Los Alamitos Unified School District (MOU - access to surveillance camera recording and live feed system at MGaugh Elementary School)MEMORANDUM OF UNDERSTANDING BETWEEN THE LOS ALAMITOS UNIFIED SCHOOL DISTRICT AND THE CITY OF SEAL BEACH POLICE DEPARTMENT TO GRANT ACCESS TO THE SURVEILLANCE CAMERA RECORDING AND LIVE FEED SYSTEM AT MCGAUGH ELEMENTARY SCHOOL THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and becomes effective this 0 ' day of nc.f,Ltr , 2019 by and between the CITY OF SEAL BEACH ("City"), and the Los Alamitos Unified School District ("District"). The City and District are at times referred herein individually as a "Party" and collectively as "Parties." RECITALS The Parties enter into this MOU on the basis of the following facts, understanding, and intentions: A. District is the owner and/or operator of McGaugh Elementary School located within the boundaries of the City and more particularly described and depicted in Exhibit attached hereto and incorporated by this reference ("Facilities"). B. During the 2018-2019 school year, the District installed video surveillance cameras ("cameras") at McGaugh Elementary School. This MOU shall apply to all cameras currently installed and future camera installations at McGaugh Elementary School. Said cameras were installed to increase security and can be accessed on-site or remotely from various locations. The cameras operate on a continual 24-hour, seven days a week ("24/7") basis. The live feed from the cameras is also recorded and can be accessed for review in order to determine whether a particular incident was captured on video. C. District and City seek to ensure that the Seal Beach Police Department ("SBPD") has remote, off-site access to the McGaugh cameras on a 24/7 basis in the event an incident of interest occurs. D. The purpose of this MOU is to memorialize the understanding between the City and District regarding the rights and liabilities of the Parties in regard to video camera recording access, live feed monitoring, and responses thereto, if any. NOW, THEREFORE, and in consideration of the mutual covenants contained herein, the parties mutually agree to the following. SECTION 1. INCORPORATION OF RECITALS The Recitals set forth above are incorporated herein by reference as if full restated. SECTION 2. CITY'S COVENANTS A. SBPD Access to District Cameras; Limited Responsibility. If an incident of interest occurs at McGaugh Elementary School, such as an ongoing crime, SBPD may access the camera footage in order to assist with an appropriate law enforcement response, if necessary. In addition, SBPD may review camera footage in order to determine whether an incident such as a crime that was previously committed, was recorded in order to assist its investigation efforts. Review of such footage does not guarantee the capture of any suspects or the prevention of any future incidents. The City and SBPD hereby acknowledge that the camera footage provided by the District may include footage or information related to, or featuring, students, staff, or other confidential information that is protected from public disclosure pursuant to various laws and/or policies. Thus, the City and SBPD shall not release any camera footage or other information obtained pursuant to the Agreement (the "Acquired Information") to the public or any person without the prior written permission of the District, except as required by applicable law or court order, or to other law enforcement agencies in furtherance of an ongoing criminal investigation. If the City and/or SBPD is required to release any Acquired Information as set forth in the preceding sentence, the City and/or SBPD shall immediately notify the District in writing by providing a descrption of the Acquired INofinraiotn to be released and the reasons for the release. Upon request by the District, the City and/or SBPD shall meet with the District in good faith to address any privacy concerns that District may have about the release of the Acquired Information. Due to staff availability, budgeting considerations, circumstances which require SBPD to prioritize staff assignments, and other events outside the City's control, the Parties understand that SBPD will endeavor to review the feed from the cameras when necessary to assist in the capture of a suspect, or in an investigation, but shall not be required to conduct such review. SBPD shall not be required to monitor the live video feed at any time but may choose to do so. In the event the District requests SBPD to review specific footage but SBPD is unable to do so for any reason, SBPD shall notify the District immediately in writing and provide all reasonable assistance to help the District address its concerns. In the event an incident occurs and the incident is captured by District cameras, neither the City nor SBPD shall be responsible for failing to notice the incident on either the live feed cameras or prior recordings. Additionally, neither the City nor SBPD shall be responsible for any crimes or other incidents recorded on camera, and they are not responsible for ensuring the prevention of any crimes, damage, harm, or incidents or capture of any suspects recorded on camera. SECTION 3. DISTRICT COVENANTS A. District Authority to Grant Camera Access to SBPD. SBPD is not required to notify District of the dates and times during which SBPD utilizes the remote access to video camera live feeds or recordings granted by the District, if any. SBPD shall contact District or a representative thereof in order to obtain a copy of a captured image or recording from the video cameras. Upon request, SBPD shall provide a report to the District describing its review and use of any information received by SBPD through the cameras pursuant to this Agreement, except when SBPD deems confidentiality is reasonably necessary to protect a confidential source of information, or to facilitate an ongoing criminal investigation. District, at its sole discretion, may remove, relocate or add security cameras at the McGaugh Elementary School. SECTION 4. THIRD PARTY LEGAL ACTION A. Indemnification of City. District shall defend, indemnify, and hold harmless SBPD and the City and its agents, officers, and employees from and against any claim, action, or proceeding arising out of or relating the District's actions or omissions pursuant to this MOU or any of the actions, omissions, duties, or covenants performed by District staff and employees pursuant thereto, except to the extent caused by the negligent act or omission of the City or SBPD. This defense and indemnification shall include the payment of all costs incurred on behalf of the SBPD or the City in connection with the claim, action, or proceeding (including but not limited to the City and SBPD's attorney's fees and costs as well as any attorneys' fees and costs awarded to a successful plaintiff) and the defense of any claim, action or proceeding challenging the MOU or any of the District's actions, omissions, duties, or covenants performed pursuant thereto with counsel approved by City and SBPD, which approval shall not be unreasonably withheld. The City and SBPD shall promptly notify District of any claim, action, or proceeding and will cooperate fully in the defense. B. Indemnification of District. City shall defend, indemnify, and hold harmless District and its agents, officers, and employees from and against any claim, action, or proceeding arising out of or relating to the City's or SBPD's actions or omissions pursuant this MOU or any of the actions, omissions, duties, or covenants performed by the staff or employees of the City or SBPD pursuant thereto, except to the extent caused by the negligent act or omission of the District. This defense and indemnification shall include the payment of all costs incurred on behalf of the District in connection with the claim, action or proceeding (including but not limited to the District's attorneys' fees and costs as well as any attorneys' fees and costs awarded to a successful plaintiff) and the defense of any claim, action or proceeding challenging the MOU or any of the City's or SBPD's actions, omissions, duties, or covenants performed pursuant thereto with counsel approved by District, which approval shall not be unreasonably withheld. The District shall promptly notify City of any claim, action, or proceeding and will cooperate fully in the defense. SECTION S. INITIAL TERM AND RENEWAL The initial term for this MOU is for one year beginning on the date on which this MOU was signed: O r- �v 6,.- �Lo/ 2019. This MOU shall automatically renew for an additional one-year term at the end of the initial term, and shall renew for additional one-year terms each thereafter, unless and until a notice of termination is timely provided pursuant to Section 6. SECTION 6. TERMINATION In order to terminate this MOU, a Party must provide the other Party a thirty (30) day advance written notice of termination, signed by an authorized representative of the Party seeking termination and sent to the addresses in Section 7 herein. Subject to the notice requirement in this Section 6, the Parties may terminate this MOU at any time and for any reason or no reason. SECTION 7. NOTICES Any notice, request, approval, or communication to be provided under this MOU shall be in writing and provided by personal service or a form of express mail or service and addressed to: If to City: If to District: Attention: Chief of Police Attention: Superintendent City of Seal Beach Los Alamitos Unified School District 911 Seal Beach Blvd. 10293 Bloomfield St. Seal Beach, CA 90740 Los Alamitos, CA 90720 Any entity listed above may change its address for receipt of notices, requests, approvals or other communications by providing written notice of the same and new mailing service address to the other entities listed above. SECTION 8. SEVERABILITY In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this MOU shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or section of this MOU which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. SECTION 9. AUTHORITY TO EXECUTE District and City warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver the MOU, (iii) by so executing this MOU, District and City are is formally bound to the provisions of this MOU, (iv) District and City's entering into and performance of its obligations set forth in this MOU does not violate any provision of any other agreement to which District and City are is bound, and (v) there is no exiting or threatened litigation or legal proceeding of which District and City are is aware which could prevent District and/or City from entering into or performing its obligations set forth in this MOU. SECTION 10. ENTIRE AGREEMENT This MOU represents the entire integrated agreement between the parties as to its subject. No other promise, agreement or amendment regarding the subject of this MOU shall be valid without a written amendment duly approved and executed by the parties. SECTION 11. COUNTERPARTS This MOU may be executed simultaneously or in counterparts, each of which shall be deemed original, but all of which together shall constitute one and the same MOU. [SIGNTURES ON NEXT PAGE] IN WITNESS WHERE OF, the Parties have entered into this MOU as of the date first written above. r � ATTE#: CITY OF SEAL BEACH LOS ALAIvIITOS UNIFIED SCHOOL DISTRICT BY 1 Narne: Title: J�1i� (�i1�✓� �C l/���1�iVt� Board Approved on: "I C n RESOLUTION 6967 A RESOLUTION OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE LOS ALAMITOS UNIFIED SCHOOL DISTRICT AND THE CITY OF SEAL BEACH POLICE DEPARTMENT TO GRANT ACCESS TO THE SURVEILLANCE CAMERA RECORDING AND LIVE FEED SYSTEM AT MCGAUGH ELEMENTARY SCHOOL THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: WHEREAS, the Los Alamitos Unified School District is the owner and/or operator of McGaugh Elementary School located within the boundaries of the City of Seal Beach and more particularly described and depicted by this reference ("Facilities"); and, WHEREAS, during the 2018-2019 school year, the District installed video surveillance cameras ("cameras") at McGaugh Elementary School; and, WHEREAS, District and City seek to ensure that the Seal Beach Police Department ("SBPD") has remote, off-site access to the McGaugh cameras on a 24/7 basis in the event an incident of interest occurs; -and, WHEREAS, the purpose of this MOU is to memorialize the understanding between the City and District regarding the rights and liabilities of the parties in regard(s) to video camera recording access, live feed monitoring, and responses thereto, if any. Now, therefore, be it resolved that: The City of Seal Beach enters into an agreement with the Los Alamitos Unified School District (LAUSD) to: Section 1.. Grant the Seal Beach Police Department access to the surveillance camera recording and live feed system at McGaugh Elementary School PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of October, 2019 by the following vote: AYES: Council Members Sustarsic, Kalmick, Variyapa, Massa-Lavitt NOES: Council Members ABSENT: Council Members Moore ABSTAIN: Council Members 1 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } Schelly Sustarsi4, Mayor Pro Tern I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 6967 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular megting held•pn the 28th day of October, 2019. Y1ofia D. HarpeVity Clerk