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Resolution 2023-32 Resolution No. 2023-32 RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT 115 AND THE UNITED CITY OF YORKVILLE WHEREAS,the United City of Yorkville, Kendall County, Illinois(the "City") is a duly organized and validly existing municipality of the State of Illinois pursuant to the 1970 Illinois Constitution and the Illinois Municipal Code, as from time to time amended (the "Municipal Code") (65 ILCS 5/65-1-1-2, et seq.); and, WHEREAS, Yorkville Community School District 115, is an Illinois public school district organized and operating in accordance with the laws of the State of Illinois; and, WHEREAS, Section 10-20.14 of the Illinois School Code (105 ILCS 5/10-20.14) mandates and authorizes a school district and its parent teacher advisory committee to develop policy guideline/protocol procedures to establish and maintain a reciprocal reporting system between a school district and local law enforcement agencies regarding criminal and/or quasi- criminal offenses committed by students enrolled within the school district; and, WHEREAS, District 115 and the City have recognized the need for educators and law enforcement officials to share information within the bounds of confidentiality requirements applicable to police officers and school officials regarding the activities of minor students,in and out of school, and have worked together since 2020 to prevent, eliminate and discourage acts of crime, violence and intimidation; and, WHEREAS, District 115 and the City recognize that continuing the exchange of information between them is essential to providing a safe, healthy and violence-free school environment for all students; and, Resolution No.2023-32 Page 1 WHEREAS, District 115 and the City desire to continue the reciprocal reporting system regarding criminal/quasi-criminal offenses and other offenses committed by students, as authorized by the Illinois School Code in accordance with the Juvenile Court Act(705 ILCS 1-1 et seq.), the Family Educational Rights and Privacy Act (20 USC 1232g((h)) and the Illinois School Student Records Act (105 ILCS 10/6(A)6.5) all as set forth in the Intergovernmental Agreement attached hereto. NOW,THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The recitals set forth above are incorporated into this Resolution as if fully restated herein. Section 2. The Intergovernmental Agreement between Yorkville Community Unit School District and the United City of Yorkville in the form attached hereto and made a part hereof is hereby approved; and, the Mayor and City Clerk are hereby authorized to execute said Agreement and the Chief of the Yorkville Police Department is hereby directed to implement its terms. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 14th day of November, A.D. 2023. C \\12.(bjc beAW,a QIN CLERK Resolution No. 2023-32 Page 2 KEN KOCH AYE DAN TRANSIER NAY ARDEN JOE PLOCHER ABSENT CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS AYE RUSTY CORNEILS AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this 17 ay of No re VT?be r, A.D. 2023. MAYOR Attest: CI CLERK Resolution No. 2023-32 Page 3 Final 10-27-23 INTERGOVERNMENTAL AGREEMENT BETWEEN YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT 115 AND THE UNITED CITY OF YORKVILLE This INTERGOVERNMENTAL AGREEMENT(the"Agreement")is dated as of October 30, 2023, by and between the BOARD OF EDUCATION OF YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT #115, an Illinois Public School District (hereinafter referred to as "District 115"), and the UNITED CITY OF YORKVILLE, an Illinois municipal corporation (hereafter referred to as the"City"). WITNESSETH: WHEREAS,Section 10-20.14 of the Illinois School Code(105 ILCS 5/10-20.14)mandates and authorizes a school district and its parent teacher advisory committee to develop policy guideline/protocol procedures to establish and maintain a reciprocal reporting system between a school district and local law enforcement agencies regarding criminal and/or quasi-criminal offenses committed by students enrolled within the school district; and WHEREAS, District 115 and the City recognize the need for educators and law enforcement officials to share information within the bounds of confidentiality requirements applicable to police officers and school officials regarding the activities of minor students, in and out of school, so that they may work together efficiently to prevent, eliminate and discourage acts of crime,violence and intimidation; and WHEREAS,District 115 and the City recognize that the exchange of information between them is essential to providing a safe,healthy and violence-free school environment for all students; and WHEREAS, District 115 and the City desire to establish and maintain a reciprocal reporting system regarding criminal/quasi-criminal offenses and other offenses committed by students, as authorized by the Illinois School Code; and WHEREAS, the Juvenile Court Act (705 ILCS 405/1-1 et seq.) regulates and imposes confidentiality and other obligations with respect to juvenile court records and juvenile law enforcement records; and WHEREAS,the Family Educational Rights and Privacy Act(20 USC 1232g(b))provides that confidential student record information may be disclosed without parental consent to state and local officials or authorities to whom such information is specifically allowed to be reported or disclosed pursuant to State statute if(1 )the allowed reporting or disclosure concerns the juvenile justice system and such system's ability to effectively serve, prior to adjudication, the student whose records are released; and (2) the officials and authorities to whom such information is disclosed certify in writing to the educational agency or institution that the information will not be disclosed to any other party except as provided under State law without the prior written consent of the parent of the student; and WHEREAS, in furtherance of the foregoing, the Illinois School Student Records Act(105 ILCS 10/6(a)(6.5))provides that confidential student record information may be disclosed without 1 Final 10-27-23 parental consent to juvenile authorities when necessary for the discharge of their official duties who request information prior to the adjudication of the student and who certify in writing that the information will not be disclosed to any other party except as provided by law or order of court; and further defines juvenile authorities as including the specific persons and entities listed therein; and WHEREAS, the parties wish to memorialize the authority and parameters of their exchanges of information and the necessary written certification pursuant to the foregoing State and federal laws; and WHEREAS, this Agreement is authorized by the Illinois Constitution of 1970 and the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.), providing for the execution of agreements and implementation of cooperative ventures between public agencies of the State of Illinois. NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions set forth in this Agreement, District 115 and Kendall County hereby agree as follows: 1. Reciprocal Reporting. As permitted by State law, each party to this Agreement shall, as reasonably able, share information pertaining to any activity or suspected activity that would jeopardize the safe, orderly and violence-free environment of a school, including but not limited to criminal/quasi-criminal activity, gang-related activity, or any fact or reasonable inference drawn from any fact or combination of facts pertaining to any criminal/quasi-criminal activity or gang-related activity or suspected criminal/quasi-criminal or gang-related activity, subject to any limitations imposed by law. Information to be reported under this Agreement may include,but shall not be limited to, law enforcement records maintained by the City that relate to a minor who has been arrested or taken into custody before his or her 18th birthday, in accordance with Sections 1-7(A)and 5-905 of the Juvenile Court Act. The protocol for reciprocal reporting as adopted by District 115 and incorporated herein by reference is attached hereto as Exhibit "A". The parties to this Agreement will cooperate to review and periodically amend the protocol,to reflect changes in any applicable law(s)or to better meet the needs of the parties related to the issues in this Agreement. Any amendment to the protocol shall be in writing and executed by both parties. While review and amendment of the protocols may occur at any time, the parties will formally meet in the summer of odd-numbered years commencing in 2025 to discuss the ongoing implementation of this Agreement and any needed revisions to the Agreement or protocol. 2. Term and Termination. This Agreement shall commence on the effective date set forth in Paragraph 14 and shall continue in full force and effect until July 1,2027,unless terminated earlier by either party in accordance with the terms set forth in this Agreement. Either party may terminate this Agreement at any time and for any or no reason by providing the other party with at least thirty(30)days' prior written notice of such termination. In addition, the parties may terminate this Agreement by written mutual consent and agreement at any time and for any or no reason. In the event of a material breach by the other party,a party may terminate this Agreement upon seven(7) days' written notice to the other party. 2 Final 10-27-23 3. Notices. All notices concerning this Agreement shall be in writing and addressed to the other Party as follows: If to the City: United City of Yorkville Attn: Chief of Police 651 Prairie Pointe Drive Yorkville, Illinois 60560 If to District 115: Yorkville Community Unit School District#115 Attn: Superintendent 804 Game Farm Road Yorkville, Illinois 60560 Facsimile: (630)-553-4398 Unless otherwise provided herein,notices shall be hand delivered, or sent by registered or certified U.S. mail postage prepaid, by commercial overnight delivery service, or transmitted by facsimile or email (that has been confirmed as received by the other Party). A Party may change its designated recipient or address for notification purposes by giving the other Party written notice of the new designated recipient or business address. 4. Time of Essence. Time is of the essence and all provisions of this Agreement herein relating thereto shall be strictly construed. 5. Preambles and Exhibits. The preambles and Exhibit to this Agreement(including mutually agreed upon revisions thereto)are hereby incorporated as if set forth fully herein. 6. Captions. The captions of this Agreement are for convenience only and are not to be construed as part of the Agreement and shall not be construed as defining or limiting in any way the scope or intent of the provisions hereof. 7. Entire Agreement. This Agreement sets forth all of the covenants, conditions and promises between the parties, represents the entire agreement between the parties, and will supersede all previous communications or understandings whether oral or written. 8. Amendments Must be in Writing. The covenants, terms or conditions of this Agreement to be kept and performed by either Party, shall not be altered, waived, modified or abandoned except by a written instrument,duly signed,acknowledged and delivered by authorized representatives of District 115 and the City. 9. Severability. If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remaining terms and provisions of this Agreement shall not be affected th_creby,,but each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 10. No Assignment and Successors. No party may assign any rights or duties under this Agreement without the prior written consent of the other party. This Agreement shall be binding upon the successors of the parties' respective governing boards. 3 Final 10-27-23 11. Governing Law. This Agreement shall be construed and governed by the laws of the State of Illinois. The parties agrees that the venue for any legal proceedings between them regarding or relatingto this Agreement shall be the Circuit Court of Kendall County, Illinois, g g � Twenty-Third Judicial Circuit, State of Illinois. 12. Compliance with Laws. The City and District 115 shall at all times observe and comply with the laws, ordinances, regulations and codes of the Federal, State, County and other local government agencies which may in any manner affect the performance of this Agreement. In the event one Party has a good faith belief that the other Party may be in violation of any law or ordinance or any portion of this Agreement, the non-breaching Party shall notify the other of the facts and circumstances that caused the good faith belief to exist so that the matter can be cured or discussed as appropriate. 13. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original,but together shall constitute one and the same Agreement. 14. Effective Date. This Agreement shall become effective on the date the last of the parties' affix the signature of their duly authorized representative below. 15. Confidentiality. Any and all information received by District 115 as a result of this Agreement shall be kept confidential by District 115 to the extent permitted by law and shall not be further disclosed without the City's consent. Except with District 115's consent,in accordance with the Illinois School Student Records Act and the regulations implementing the federal Family Educational Rights and Privacy Act (34 C.F.R. 99), any and all information constituting student records or education records under those laws that is received by the City as a result of this Agreement shall be kept confidential by the City and shall not be disclosed by the City to another party, except as provided under state and federal law, without the prior written consent of the parent of the student(or consent of the student if he or she has assumed rights under the law). IN WITNESS WHEREOF, authorized representatives of District 115 and the City have executed this Agreement as of the day and year first above written. UNITED CI F YORKVILLE BOARD OF EDUCATION OF YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT #115 Br Title: M (3 V A r - President, Boar of Edu ion J� Date: I t ! �� � a 3 Date: 13 O By: � F. Secretary,Board of Education Date: J (r) <50 I c3? 1214882.1 4