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R-21-37VILLAGE OF DEERFIELD RESOLUTION NO. 2021- R-21-37 A RESOLUTION APPROVING AN AGREEMENT WITH DEERFIELD PUBLIC SCHOOLS DISTRICT NO. 109 FOR RECIPROCAL REPORTING AND A SCHOOL RESOURCE OFFICER WHEREAS, the Village of Deerfield ("Village') is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorize and encourage intergovernmental cooperation; and WHEREAS, Deerfield Public Schools District No. 109 ("District') operates Kipling Elementary School, South Park Elementary School, Walden Elementary School, Wilmot Elementary School, Caruso Middle School, and Shepard Middle School (collectively, "Schools'), which Schools are located within the Village; and WHEREAS, the Illinois School Code, Juvenile Court Act, and the Illinois School Student Records Act authorize the establishment and maintenance of a reciprocal reporting system between school districts and local law enforcement agencies for sharing information regarding criminal offenses committed by students (`reciprocal Reporting System'); and WHEREAS, the District also desires to have a Village police officer assigned to the Schools on a contract basis to serve as a school resource officer ("SRO'), in order to facilitate a more personal relationship between law enforcement agents and students, assist in education ap programs, and promote the safety and security of students, staff, and the school premises; and WHEREAS, the Village is willing to provide a .police officer for that purpose in exchange for reimbursement for some of its costs; and WHEREAS, the Village and the District desire to enter into an agreement to share information to enhance public safety in the District' schools and the community, and to provide an SRO to the District (together, the "Agreement'); and WHEREAS, the Village Council has determined that it is in the best interests of the Village and its residents enter into the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals as its findings, as if fully set forth herein. {00122813.1} SECTION 2: APPROVAL OF AGREEMENT. The Village Board hereby approves the Agreement in substantially the form attached to this Resolution as Exhibit A. SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENTS. The Village Board hereby authorizes and directs the Village President and the Village Clerk to execute attest, respectively, on behalf of the Village, the Agreement. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden NAYS: None ABSTAIN: None ABSENT: None PASSED: October 18, 2021 APPROVED: October 19, 2021 RESOLUTION NO: R-21-37 Daniel C. Shapiro, Mayor ATTEST: Village derk {00122813.1) EXHIBIT A AGREEMENT {00122813.1} Draft October 5, 2021 INTERGOVERNMENTAL AGREEMENT FOR RECIPROCAL REPORTING, DIGITAL IMAGE ACCESS. AND SCHOOL RESOURCE OFFICER THIS INTERGOVERNMENTAL AGREEMENT ("Agreement') is made and entered into by and between the Deerfield Public Schools District 109 ("District'), and the Village of Deerfield, a home rule municipal corporation ("Village') (the District and Village are, collectively, the "Parties'j. WHEREAS, both the 1970 Illinois Constitution (Article VII, Section 10) and the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorize and encourage intergovernmental cooperation; and WHEREAS, Section 1-7(A)(8) and 5-905(1)(h) of the Juvenile Court Act, Sections 10-20.14, 10-21.7, 10-27.1A&B and 22-20 of the Illinois School Code, and Section 10/6(a)(6.5) of the Illinois School Student Records Act provide for and authorize agreements between local law enforcement agencies and school districts for reciprocal reporting of criminal offenses committed by students; and WHEREAS, the District operates Kipling Elementary School, South Park Elementary School, Walden Elementary School, Wilmot Elementary School, Caruso Middle School, and Shepard Middle School (collectively, "Schools'), which Schools are located within the Village; and WHEREAS, the District has installed a digital camera systems at its Schools to enhance security and safety at the Schools, and the Parties believe that if the Village Police Department were granted access to the images created by the District's digital camera systems, the Police Department would be better situated to assist the District in the case of an emergency situation that endangered students, employees, or District property; and WHEREAS, the District desires to have a Village police officer assigned to the Schools on a contract basis to serve as a school resource officer ("SRO'), and the Village is willing to a provide a police officer for that purpose in exchange for the payment referenced in this Agreement; WHEREAS, the Parties believe the SRO will facilitate a more personal relationship between law enforcement agents and students, assist in educational programs, and promote the safety and security of students, staff, and the school premises; and WHEREAS, the District and the Village are desirous of entering into this Agreement for the purposes of promoting safety, security, and order for the staff, students, and premises at the District and of establishing a cooperative relationship between the District's and the Village's law enforcement efforts; NOW, THEREFORE; in consideration of the mutual promises, covenants and conditions contained in this Agreement and other good and valuable consideration, the District and Village agree as follows: {00120394.31 Page 1 of 19 Draft October 5, 2021 I. COOPERATION AND AUTHORITY A. General Cooperation The Superintendent of the District will provide the Village Police Chief with a list of administrators ("School Officials') to be contacted as needed. The list will contain regular and emergency telephone and mobile numbers (if applicable), and identify which administrators are to be contacted for various types of problems and the order in which the administrators are to be contacted. The administrators identified shall be considered the "Appropriate School Officials" for purposes of § 1- 7(a)(8) of the Juvenile Court Act. 2. The Village Police Chief will provide the Superintendent of the District with the names and titles of a primary and at least two back up contacts ("Police Officials') responsible for implementing this Agreement. The officers shall provide their regular and emergency telephone and pager numbers (if applicable). 3. The Superintendent and Police Chief may, as they deem necessary and upon written notice, designate different persons to the respective positions of School Official and Police Official. 4. School Officials and Police Officials will meet to facilitate and review implementation of this Agreement as often as necessary. 5. Nothing in this Agreement is intended to limit or restrict the duty and authority of school personnel to request police services for disturbances or other emergencies occurring in or around any school building, nor is it intended to limit or restrict the duty or ability of any person attending or employed by the District to provide information or otherwise cooperate in law enforcement investigations, including but not limited to providing witness statements and testimony. B. District Authority Over the Educational Environment Collaboration between the District and the Village and respect for the important role each party plays in connection with our community's youth are essential to the success of the mission of both Parties. 2. The Village recognizes the responsibility and authority of District Officials to manage the educational environment. 3. Both Parties recognize that disciplining students for violations of the Student Code of Conduct is appropriate for District Officials to manage. 4. The District recognizes that discretion regarding whether to investigate 100120394.31 Page 2 of 19 Draft October 5, 2021 or charge a student or other individual with an ordinance, criminal, or traffic violation lies with Police Officials. 5. The Parties seek to implement a partnership that creates effective and positive school student discipline that (a) is part of the District's larger effort to address school safety and climate; (b) includes proactive and restorative methods rather than only punitive; and (c) is clear, consistent, and equitable. 6. Both Parties understand the privacy protections of federal and state law in the disclosure of student records. The District may refuse disclosure requests by Police Officials without a warrant, court order, or other exception enumerated by the Illinois School Student Records Act, 105 ILCS 10/1 et seq., and the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g. II. RECIPROCAL REPORTING A. Reporting of Student Criminal Activity By School Officials to Police Officials a. School Officials will promptly report to Police Officials any activity of students who reside and/or attend the Schools, which arises on school property or at a school -related function, that involves or is suspected to involve: Criminal gang activity; Criminal sexual offenses; iii. Any violation of Article 24 of the Criminal Code, 720 ILCS 5/24-1 et seq., or weapons such as guns and knives, explosives, impact devices, or any item used as a weapon; iv. Sale of drugs or other intoxicants; V. Possession of drugs or other intoxicants; vi. Fights or other violent activity which might reasonably carry over into the community; vii. Abuse, neglect, lock -out, and runaway situations; viii Acts of vandalism; t00120394.31 Page 3 of 19 Draft October 5, 2021 ix. Hate crimes; X. Other activities involving students which threaten the safety of students or any other person on or off District property; or A. Any state or federal crime occurring or which has occurred on school property or at a school event that might reasonably carry over into the community. b Upon receipt of a written complaint from any school personnel, School Officials shall report all incidents of battery committed against teachers, teacher personnel, administrative personnel, educational support personnel, or school employees to Police Officials. 105 ILCS 5/10-21.7. C. School Officials will immediately report to Police Officials any time a report is made that a person with a firearm has been observed on school grounds. 105 ILCS 5110-27.1A. d. School Officials will immediately report to Police Officials any time a report is made of a verified incident involving drugs in the school or on school owned or leased property, including any conveyance owned, leased, or used by the school for the transport of students or school personnel. 105 ILCS 5/10-27.1 B. e. Where violence or other activity poses an imminent threat to the safety of students or any other person, the information will be shared as soon as possible; otherwise, the information will be shared not later than two business days after the information becomes known to School Officials. Information shared under Section II.A.1.a above may be communicated orally and may also include the disclosure of student records in accordance with Section 10/6(a)(6.5) of the Illinois School Student Records Act. All information disclosed and communications made under this Agreement are therefore to remain confidential and will not be disclosed to any other party, except as provided by law or court order. Section 10/6(a)(6.5) of the Illinois School Student Records Act provides that the District may release school student records or information to juvenile authorities when necessary for the discharge of their official duties upon a request for information prior to adjudication of the student and if certified in writing that the information will not be disclosed to any other party except as provided under law or order of court. "Juvenile authorities" include probation officers, law enforcement officers and (00120394.31 Page 4 of 19 Draft October 5, 2021 prosecutors, and others as defined in Section 10/6(a)(6.5) of the Illinois School Records Act. 2. By Police Officials to School Officials a. As provided by Section 1-7(a)(8) of the Juvenile Court Act, and except as limited or prohibited by other laws or administrative regulations, Police Officials will share law enforcement records with School Officials that relate to the following offenses or suspected offenses with respect to a minor enrolled in one of the District's schools who has been taken into custody or arrested when Police Officials believe that there is an imminent threat of physical harm to students, school personnel, or others who are present in the school or on school grounds and sharing the information will not (i) create a threat of harm to any person, (ii) jeopardize a pending or actually and reasonably contemplated investigation, (iii) interfere with a pending or contemplated law enforcement, administrative, or judicial proceeding; (iv) create a substantial likelihood that a person would be deprived of a fair trial or impartial hearing; (v) disclose unique or specialized investigative techniques; (vi) or cause an unnecessary invasion of a person's privacy: Any violation of Article 24 of the Criminal Code (720 ILCS 5/24 et seq.) (weapons); A violation of the Illinois Controlled Substances Act (720 ILCS 570/100, et seq.); iii. A violation of the Cannabis Control Act (720 ILCS 550/1, et seq. ); iv. A forcible felony as defined in Section 2-8 of the Criminal Code (720 ILCS 5/2-8); V. A violation of the Methamphetamine Control and Community Protection Act (720 ILCS 646/1 etseq.); vi. A violation of Section 1-2 of the Harassing and Obscene Communications Act (720 ILCS 5/26.5); vii. A violation of the Hazing Act (720 ILCS 5/12C-50); or viii. A violation of Section 12-1, 12-2, 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 12-5, 12-7.3, 12-7.4, 12-7.5, 25- 1, or 25-5 of the Criminal Code (720 ILCS 5n (bodily harm and mob action). {00120394.3} Page 5 of 19 Draft October 5, 2021 b. As provided by Section 1-7(a)(8) of the Juvenile Court Act, and except as limited or prohibited by other laws or administrative regulations, Police Officials will share information with School Officials concerning a minor who is the subject of a current police investigation that is directly related to school safety unless Police Officials believe that sharing the information will: (i) create a threat of harm to any person, (ii) jeopardize a pending or actually and reasonably contemplated investigation, (iii) interfere with a pending or contemplated law enforcement, administrative, or judicial proceeding; (iv) create a substantial likelihood that a person would be deprived of a fair trial or impartial hearing; (v) disclose unique or specialized investigative techniques; (vi) or cause an unnecessary invasion of a person's privacy. Such information may only be shared orally. An investigation means an official, systemic inquiry by Police Officials into actual or suspected criminal activity. C. Upon request, as provided by 5 ILCS 140/2.15, Police Officials will share the following arrest and criminal history information with School Officials that relate to a student enrolled in one of the District's schools who is 18 years of age or older, unless Police Officials determine that disclosure would: (i) create a threat of harm to any person, (ii) jeopardize a pending or actually and reasonably contemplated investigation, (iii) interfere with a pending or contemplated law enforcement, administrative, or judicial proceeding; (iv) create a substantial likelihood that a person would be deprived of a fair trial or impartial hearing; (v) disclose unique or specialized investigative techniques; (vi) or cause an unnecessary invasion of a person's privacy: name; information detailing any charges relating to the arrest; name of the involved officer and agency; iv. if the student is incarcerated; and V. if the student is/was incarcerated, whether the student has been discharged from custody. d. As required by Section 22-20 of the Illinois School Code, Police Officials shall report to the District's Principal or designee whenever a student is detained for proceedings under the Juvenile Court Act or for any criminal offense or any violation of a municipal or County ordinance. The report shall include the 100120394.31 Page 6 of 19 Draft October 5, 2021 basis for the detention, the circumstances surrounding the detention, and the status of the proceedings. Police Officials shall periodically update the report as significant stages of the proceedings occur and with the disposition of the matter. B. Confidentiality and Records Content of Criminal Activity Information. All criminal activity information shall include the names of all involved persons, including District students and minors, except in cases where the name of the victim is protected under the Rights of Crime Victims and Witnesses Act, 725 ILCS 120/1, et seq., as amended, or other applicable law. 2. Confidentiality of Records and Criminal Activity Information. Any law enforcement and student records subject to disclosure under this Agreement shall not be disclosed or made available in any form to any person or agency other than as set forth in this Agreement or as authorized by law or court order. Police Officials and School Officials shall develop procedures to ensure such nondisclosure of criminal activity information. Such procedures shall be designed to also ensure that any criminal activity information is not available to other employees, or any persons other than as authorized by this Agreement or by law. 3. Non -Educational or School Records. a. School Officials shall follow State and federal laws regarding student records. b. All reports and records shared by Police Officials with School Officials shall be kept in a secure location and shall not be a public record. Such information shall be kept separate from and shall not become a part of the student's official school record. The information shall be used by School Officials solely to aid in the proper rehabilitation of the student and to protect the safety of students and employees in the schools. III. VILLAGE ACCESS TO IMAGES FROM DISTRICT DIGITAL CAMERAS A. Provision of Digital Camera System Software. The District shall provide the Village Police Department with the necessary software in order to enable the Village Police Department to view real time and recorded images created by the District digital cameras on Village Police Department computers. The Village shall use reasonable and good faith efforts to enter into any required software license agreement with the vendor of the software at the Village's sole cost. (00120394.31 Page 7 of 19 Draft October 5, 2021 B. Limited Viewing. Individuals authorized to view images created by the District digital cameras shall be limited to 1. The Village Police Chief; 2. Village Police Department employees authorized by the Chief or, in the absence of the Chief, the Chief's designee; and 3. The Village's IT employees and IT contractors authorized by the Chief, or in the absence of the Chief, the Chief's designee (collectively, "Authorized Viewers'). The Village shall not permit any individual, including Authorized Viewers, to view images created by the District digital cameras on a routine basis. Authorized Viewers shall only view real time or recorded images created by the District digital cameras when viewing is: Necessary or prudent, as determined by the Village, for the Village Police Department to deter or protect against an imminent and substantial threat that is likely to result in significant bodily harm or damage to District property; 2. Necessary or prudent for training purposes, with advance notice of the date, time, and purpose to the School Principal or designee and written consent from the School Principal or designee; or 3. Consented to by the District for investigative purposes. C. Limited Retention. The District's digital images are automatically recorded and maintained for a limited time period. The Village shall not retain any recordings beyond the automatic maintenance period unless such images are part of an active or reasonably contemplated police investigation into actual or suspected criminal activity. The Village will provide notice to the Superintendent of such extended maintenance. D. Freedom of Information Act. If the Village receives a Freedom of Information Act request for any District digital images, the Village shall immediately notify the District and work in good faith with the District before responding to the Freedom of Information Act request. E. School Student Records. The images created on the District's digital 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, and Section 375.10 of Title 23 of the Illinois Administrative Regulations, 23 ILADC 375.10. Such images may, however, become 100120394.3) Page 8 of 19 Draft October 5, 2021 school student records if subsequently used by the District in a student disciplinary matter. 2. The District shall notify the Village Police Chief of any recordings that become school student records. The Village shall, if permitted by law, erase any images that the Village has retained that have become school student records, unless such images are part of an active or reasonably contemplated police investigation into actual or suspected criminal activity. 3. Any images that the Village maintains that have become school student records must be kept strictly confidential and only disclosed a. With prior approval of the Superintendent of the District or the Superintendent's designee; b. In the case of an emergency as defined in Section 375.60 of Title 23 of the Illinois Administrative Regulations, 23 ILADC 375.60; or C. In good faith consultation with the Superintendent of the District or the Superintendent's designee and in accordance with the Illinois School Student Records Act. 105 ILCS 10/6. IV. THE SCHOOL RESOURCE OFFICER PROGRAM_ A. Selection of the School Resource Officer. The District, through the Superintendent or designee, and the Village, through the Police Chief or his designee ("Supervisor's, will work collaboratively to select the SRO. The District acknowledges and agrees that the Village shall have the sole and absolute discretion to select and appoint the SRO. The Village will provide to the District police officers who are in good standing with the Village and with the following desired qualifications for review, all as determined by the Village: Illinois Certified Police Officer with the Village for at least two years; 2. State of Illinois certified juvenile officer; 3. A minimum of 48 hours of National Association of School Resource Officer (NASRO) training; 4. Willingness to serve as the SRO for four years; 5. Effective oral and written communication skills; 6. Ability to resolve conflict efficiently and effectively; {00120394.3) Page 9 of 19 Draft October 5, 2021 7. Excellent problem -solving skills; 8. Sound judgment and decision -making skills; 9. A calm and professional demeanor; 10. Flexible mindset with the ability to interact effectively with school administration, parents and students; 11. Self-reliance with the ability to work productively with minimal supervision; 12. Dedication to enhancing a positive relationship between youth, parents, community, police department and school staff; 13. Positive role model; and 14. Integrity and professionalism. The Village shall assign the SRO only after receiving input from the Superintendent or designee and Supervisor. B. Relationship. The SRO shall remain an employee of the Village and will at all times abide by all personnel rules of the Village and any applicable Collective Bargaining Agreement. As an employee of the Village and not the District, the SRO shall not be entitled to any benefits that the District provides to its employees. The Village shall be fully responsible to the SRO for the payment of all employee compensation and benefit obligations, subject to reimbursement from the District in accordance with Section IV.H of this Agreement. C. Surervision. As an employee of the Village, the SRO shall be subject to the chain of command of the Police Department. When serving in the role of SRO, he/she shall coordinate and communicate with the Superintendent or the Superintendent's designee regarding daily activities. In the event the SRO fails to abide by the terms of this Agreement or perform the duties outlined in Exhibit A, the Superintendent or designee shall notify the Supervisor of the specific problems. If the SRO fails to remedy the problems within 15 days of the date of notification, the Superintendent or designee may request a new SRO and the Superintendent or his or her designee and the Supervisor will work cooperatively to resolve the problem, which may include appointing a new SRO at the discretion of the Village. D. ScoGe of Duties. The scope of the SRO's duties and responsibilities is set out in Exhibit A, which may be changed or redefined at any time when agreed upon in writing by both the Supervisor and the Superintendent or designee E. Schedule. The SRO shall be assigned to the District and on duty: {00120394.3) Page 10 of 19 Draft October 5, 2021 Every school day throughout each regular school year, commencing prior to the start of the first class period and ending after the last class period, unless otherwise directed; and 2. During approximately 20 special events per school year, upon the prior mutual agreement of the Village and the District, which special events may include, without limitation, extracurricular events and school dances. Attendance at special events shall paid by the District in accordance with Section IV.H of this Agreement F. Summer Duty. If requested by the District and agreed upon by the Village, the Village shall provide a police officer to serve as an SRO during summer events. If an SRO serves during summer events, the District shall pay to the Village for the hours worked by the SRO at an hourly rate to be agreed upon by the parties. The Parties agree that the officer who works during summer may be different from the officer who is assigned to work as the SRO during the regular school year. G. Evaluation of the Program. Each year, the Superintendent or designee and Supervisor shall set goals for the program and agree on methods to monitor progress toward the established goals (e.g. data, surveys). At least once each year, the Superintendent or designee and Supervisor will meet to evaluate the Program with respect to the goals and may revise Exhibit A to address the goals. H. Cost. Amount. The District shall pay to the Village 75 percent of the total salary and costs for all benefits paid by the Village to the SRO or incurred by the Village as a result of employing the SRO, including, without limitation, healthcare and pension. benefits, costs for any overtime duty that is the direct result of the SRO services rendered to the District, costs related to any Public Safety Employee Benefits Act benefits, or any other costs for the SRO while the SRO may be out on medical or other type of approved or required leave. The District acknowledges that the total wages and benefits paid to the SRO will be determined by the Village and subject to an annual cost -of -living adjustment and other increases in each calendar year, in an amount to be determined by the Village. 2. Training Costs. Upon the prior written approval of the District, which approval may not be unreasonably withheld, the District shall pay to the Village one-half of the costs incurred by the Village for training programs for the SRO in matters directly related to the SRO's duties at the District, provided that, at minimum, SRO has taken, or is enrolled in, the training programs necessary to meet the requirements for SRO training provided in the Illinois School Code, consistent with the {00120394.3} Page 11 of 19 Draft October 5, 2021 recommendations issued by the Illinois Law Enforcement Training and Standards Board. Failure to enroll the SRO in an approved training program shall result in the Village forfeiting its right to the District's agreement to pay one-half of the costs incurred by the Village for training programs for the SRO, as detailed in this section IV.H.2. 3. Invoices. The Village shall issue to the District monthly (12) invoices for the salary and benefits earned by the SRO, and the District agrees to pay each invoice in accordance with the Local Government Prompt Payment Act, 50 1 LCS 505/1 et seq. 4. Grants. The District shall work cooperatively with the Village to pursue any grant funding that may be available to mitigate the costs of providing an SRO to the District pursuant to this agreement. I. Student Records. For purposes of the Illinois School Student Records Act, 105 ILCS 10/, and the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232(g), the SRO shall be considered a school official and agent of the District. As such, the SRO shall have access to student records only as necessary for the fulfillment of his/her duties as prescribed in this Agreement. The SRO shall keep all student records confidential except if disclosure is required by law. The SRO shall disclose student records only in circumstances and in a manner authorized by State and federal law. 2. Consistent with Section 10/2(d) of the Illinois School Student Records Act, reports of the SRO shall be deemed the reports of a law enforcement professional and shall not be considered a student record. 105 ILCS 10/2(d). For purposes of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232(g), the SRO designated to work with the District pursuant to this Agreement shall be considered a law enforcement unit of the school such that the records created by SRO for the purpose of law enforcement shall not be considered educational records. J. Body Worn Cameras. All parties agree that any use of body worn cameras ("BWCs") on District Property must be subject to and in compliance with federal, state and local regulations. 2. The Village shall use its best efforts to notify the District at least two weeks before the SRO begins use of BWCs, and the Village shall provide written information and training to the District and its administration regarding the same. The training shall include the {00120394.3} Page 12 of 19 Draft October 5, 2021 objectives and procedures for the use of BWCs in public and in schools. The SRO shall be trained in the operation of the equipment prior to its use. To maximize the effectiveness of the BWC and the integrity of the video documentation, the SRO shall adhere to the objectives and procedures outlined in this Agreement and the Village's written policy regarding the use of BWCs adopted in accordance with Law Enforcement Officer -Worn Body Camera Act (50 ILCS 701/10- 1 et seq. ). 3. The Village may, in its discretion, and if not otherwise prohibited by law, provide to the District copies of any such filming of students, parents, employees or others upon school property, upon request for such copies by the District, as a law enforcement record. In the event that the Village receives advice that providing a copy of such videos is prohibited, the Village agrees to utilize reasonable efforts to facilitate the availability of its officer(s) that made the video to testify, upon request by the District, in any school disciplinary hearing concerning his/her/their knowledge of the facts and circumstances of the videoed incident. Any such film or video taken by and kept in the possession of the SRO or the Village may be considered law enforcement records underthe Family Educational Rights and Privacy Act (20 U.S.C. §1232g and 34 C.F.R. §99.8) and Illinois School Student Records Act (105 ILCS 10/2(d)). Any copy of such film or video, if permitted by law to be provided to the District, may become an educational record of the District. K. Both parties agree that, in the event the SRO is out on family or medical leave for any reason, the Village will assess availability and will use reasonable efforts to provide an interim -SRO until the assigned SRO can return from leave, provided that the provision of an interim -SRO does not interfere with police operations or put additional strain on the Village's staffing levels. Further, both parties agree that, in such circumstances, the parties will coordinate and discuss additional options for ensuring SRO services are provided, to the extent possible, until the assigned SRO can return from leave. V. OTHER TERMS AND CONDITIONS A. Complete Agreement. This Agreement sets forth all the covenants, conditions, and promises between the Parties. There are no covenants, promises, agreements, conditions or understandings between the Parties, either oral or written, other than those contained in this Agreement. B. Relationship of the Parties. Nothing in this Agreement shall be construed to consider any party, or its respective employees or agents, as the agents or employees of the other party. Nothing contained in or done pursuant to this Agreement shall be construed as creating a partnership, agency, joint employer, or joint venture relationship between the Village and the District. No {00120394.31 Page 13 of 19 Draft October 5, 2021 party shall become bound, with respect to third parties, by any representation, act, or omission of the other party. This Agreement is for the benefit of the Parties only and is not intended to raise or acknowledge any duty regarding conduct or other form of liability as to third parties. C. Indemnification. To the fullest extent permitted by law, the District agrees to indemnify and hold harmless the Village, its officers, officials, agents, volunteers, employees, and their successors and assigns, in their individual and official capacities (the "Village Indemnified Parties') from and against any and all liabilities, loss, claim, demand, lien, damage, penalty, fine, interest, cost and expense, including without limitation, reasonable attorneys' fees and litigation costs, incurred by the Village Indemnified Parties arising out of any activity of the District - in performance of this Agreement, or any act or omission of the District or of any employee, agent, contractor, or volunteer of the District (the "School Indemnitors"), but only to the extent caused in whole or in part by any negligent act or omission of the School Indemnitors. 2. To the fullest extent permitted by law, the Village agrees to indemnify and hold harmless the District, its Board and its members, employees, volunteers, agents, their successors, and assigns, in their individual and official capacities (the "School Indemnified Parties') from and against any and all liabilities, loss, claim (including employment claims), demand, lien, damage, penalty, fine, interest, cost and expense, including without limitation, reasonable attorneys' fees and litigation costs, incurred by the School Indemnified Parties arising out of any activity of the Village or the SRO in performance of this Agreement, or any act or omission of the Village or of any employee (including, but not limited to the SRO), agent, contractor or volunteer of the Village (the "Village lndemnitors'�, but only to the extent caused in whole or in part by any negligent act or omission of the Village Indemnitors. 3. Nothing contained in Section V.0 or in any other provision of this Agreement is intended to constitute nor shall it constitute a waiver of the defenses available to the District or the Village under the Illinois Local Governmental and Governmental Employees Tort Immunity Act. D. Insurance. Each Party shall keep in full force at all times during the term of this Agreement, Commercial General Liability Insurance, on an occurrence basis, with limits of not less than $3,000,000.00 per occurrence and in the aggregate. Within seven days of the last Party's execution of this Agreement, each Party shall furnish to the other a certificate of insurance evidencing the insurance obligations under this Agreement. Each Party may satisfy the insurance obligations under this Section V.D. by utilizing excess or umbrella {00120394.3) Page 14 of 19 Draft October 5, 2021 insurance. Each party shall name the other Party's Indemnitors (defined in Section V.C.) as additional insured on all insurance required hereunder. To the fullest extent permitted by each insurance policy and without invalidating any coverage thereunder, the Parties waive any right of subrogation that they or any of their agents may have against the other Party's Indemnitors. E. Term and Renewal. This Agreement shall take effect on Oeipber �� , 2021, and shall be in full force and effect fora period of one year thereafter. This Agreement shall automatically renew for successive one-year periods unless terminated as provided below. F Termination. This Agreement may be terminated by the Village at any time upon 60 days advance written notice to the District. This Agreement may be terminated by the District at any time upon six months advanced written notice to the Village. Section II of this Agreement may be terminated at any time upon 30 days advance written notice by either party without terminating the other Sections of this Agreement. Sections IV.H and V.0 shall survive termination of this Agreement. In the event this Agreement is terminated by either party, the District shall be reimbursed for any excess payments made pursuant to Section IV.H. of this Agreement provided that the District is not in breach of this Agreement. G. Amendments and Modifications. This Agreement may be modified or amended from time to time provided, however, that no such amendment or modification shall be effective unless reduced to writing and duly signed by an authorized representative of the each Party. H. Provisions Severable. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. Assignment. Neither party hereto may assign its respective rights or duties hereunder. J. Waiver of Breach. If either party waives a breach of any provision of this Agreement by the other party, that waiver will not operate or be construed as a waiver of any subsequent breach by either party, nor shall it prevent either party from enforcing such provisions. K. 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 hereto have executed this agreement by their property officers duly authorized to execute the same. 100120394.31 Page 15 of 19 Draft October 5, 2021 Signed: , Title: V Print Name Attest: , Village of Deerfield s�.�Affi e ( C. sw"O'Ire) Deerfield Pu�lic Schools District 109 ) nn A Attest: President, Bdadd of Edu4e Lion Secretary, Board of Education Date: ID —0-20 2( Date: �� l (00120394.31 Page 16 of 19 Draft October 5, 2021 EXHIBIT A SCHOOL RESOURCE OFFICER JOB DESCRIPTION DEERFIELD PUBLIC SCHOOLS DISTRICT 109 The goal of a School Resource Officer (SRO) is to strengthen the Police Department's bond with the District through the daily interaction with the students and school staff. The school setting provides an environment that can offer preventative programs to assist youth in making good decisions while also deterring involvement in criminal conduct, drug and alcohol use and gang - like behavior. The SRO, in conjunction with school staff, can mentor youth and steer them towards more positive choices. The intent ofthe SRO Program is to establish positive working relationships between the police, school administration, social service agencies, parents, teachers, students and the community, in order to maintain a safe and stable environment. The SRO must measure his/her safe response while carefully taking into consideration the best interests of the students and school. The obiectives of the SRO are: 1. To foster a more personal relationship between law enforcement and students with the goal of promoting a greater respect for the law. 2. To function as a resource to the school for students, staff and administration in legal matters and social issues. To assist in the preparation of educational programs concerning social problems and violations of the law. 4. To assist in the protection of the school community from illegal activity both inside and outside of the school. To assist school officials in the prevention of and effective response to criminal offenses._ The primaa duties and responsibilities include but are not limited to: The SRO shall be assigned to District buildings by the District with input from the Village. 2. The SRO shall wear the official law enforcement uniform or other apparel issued by the Village at all times while on duty on District property. The SRO shall make best efforts to maintain high visibility at all times when practical and safe to do so, especially in areas where incidents of crime or violence are most likely to occur. 3. The SRO shall, whenever possible and in accordance with guidance from the District, participate in or attend school functions during the SRO's regular duty hours in order to assure the peaceful operation of school -related programs. 4. When requested, assistance with conducting inspections and searches of lockers, desks, parking lots and other school property and equipment owned or controlled by the District for illegal drugs, weapons or other illegal or dangerous substances or materials, including searches conducted using specially trained dogs. If a search produces evidence that the {00120394.3) Page 17 of 19 Draft October 5, 2021 student has violated or is violating the law, local ordinance or the District's policies or rules, such evidence may be seized by school authorities and/or turned over to law enforcement authorities, and disciplinary action may be taken. 105 ILCS 5/10-22.6 and 10-22.1Oa. 5. The SRO shall attend suspension review and/or expulsion hearings upon the request of District officials or the Superintendent. The SRO shall be prepared to provide testimony on any actions that were taken by the SRO and any personally observed conduct witnessed as permitted by law. 6. The SRO shall conduct himself or herself as a role model at all times and in all facets of the job; shall seek to establish a strong rapport with staff, faculty, students, parents and other members of the school community; and shall encourage students to develop positive attitudes toward the school, education, law enforcement officers and good citizenship in general. 7. Cooperation with the parent -teacher advisory committee to develop policy guideline procedures that establish and maintain a reciprocal reporting system between the District applicable local law enforcement agencies regarding criminal offenses committed by students. 105 ILCS 5/10-20.14 and see Board Policy 2:150, Committees. 8. Promoting a positive relationship and enhance communications among police officials, students, faculty and staff. 9. Assisting the school administration in the reporting and resolution of criminal and anti- social behavior on school grounds or at school sponsored events. Special attention will be given to incidents involving violence, gang -like behavior, drugs and alcohol or other school safety issues. 10. Assist in the staff development and training of school security personnel. 11. Making presentations in the classroom environment as it relates to established law, law enforcement, school/personal safety and traffic issues. 12. Promoting a positive relationship with school staff, counselors and administration to identify problems and define solutions. 13. Assisting in the development of prevention programs and crisis planning as required by the school staff and the police department. 14. Acting as a liaison between the Police Department personnel and school officials to exchange a comprehensive knowledge of activity within the school community. 15. Conducting investigations of all alleged criminal activities on school property that occur during the regular school day or at school sponsored events, in accordance with Police Department policy. 16. Patrolling school grounds when necessary. 17. Working in close cooperation with school officials and guidance counselors in referring {00120394.3) Page 18 of 19 Draft October 5, 2021 students to appropriate settings for resolution of school rule infringements. 18. Responding to calls for service at or around the school facility while on duty. 19. Enforcing federal, state and local laws. 20. Networking with area school resource officers in order to effectively monitor youth trends and behavior. {00120394.3) Page 19 of 19