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HomeMy WebLinkAboutMO #3160MUNICIPAL ORDER NO. 3160 A MUNICIPAL ORDER AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PADUCAH AND THE PADUCAH INDEPENDENT SCHOOL DISTRICT TO ALLOW 911 AND FIRST RESPONDERS TO ACCESS SECURITY CAMERAS WHEREAS, the Paducah Independent School District recently installed a new security system in its facilities that include security cameras; and WHEREAS, this new system will allow the 911 center and first responders to have remote access to view the security cameras; and WHERAS, the cameras will only be accessed during health and safety emergencies. Being able to view live video in real-time will significantly aid first responders as they respond to emergencies; and WHEREAS, the Paducah School Board is scheduled to adopt a Memorandum of Understanding on October 30, 2025, and the City wishes to join the Paducah Independent School District in adopting this Memorandum of Understanding as well. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY SECTION 1. That the City of Paducah hereby authorizes the Mayor to execute a Memorandum of Understanding, in substantially the form attached hereto and made part hereof (Exhibit A), between the City of Paducah and the Paducah Independent School District to allow 911 personnel and first responders to have remote access to view security cameras. SECTION 2. This Order shall be in full force and effect from and after the date of its adoption. Mayor eorge Bray ATTE T: day Paris ,City Clerk Adopted by the Board of Commissioners, November 4, 2025 Recorded by Lindsay Parish, City Clerk, November 4, 2025 \mo\MOU-Paducah Independent School District — security camera access Exhibit A Memorandum of Understanding MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("Agreement") is made and entered into this day of September, 2025 ("Effective Date"), by and between, the Paducah Independent School District — Board of Education ("PPS") and The City of Paducah, Kentucky, a municipal corporation ("City"). WITNESSETH: WHEREAS, PPS has installed a security system including security cameras in its facilities for safety and security purposes (the "Security System"); WHEREAS, PPS and City recognize that it may be necessary or desirable to provide access to the Security System to police and fire department personnel during health and safety emergencies; WHEREAS, the video, audio, and other information captured by the Security System may be considered educational records or personally identifiable information that is protected by the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g et seq. ("FERPA"), and its implementing regulations, 34 CFR Part 99; WHEREAS, FERPA provides that personally identifiable information and education records regarding students may be disclosed without consent in the event of safety and health emergencies, pursuant to 34 CFR §§ 99.31(a)(10) and 99.36; and WHEREAS, PPS and the City desire to set forth their understanding regarding the use of the Security System by City personnel in order to ensure compliance with FERPA and all state and federal laws. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and promises set forth herein, and other good and valuable consideration, PPS and the City agree as follows: 1. Term. The term of this Agreement shall be from the Effective Date until terminated by either party as set forth below. 2. PPS Obligations. PPS agrees to: a. Provide the City with login credentials and access information for local or remote access to the Security System. b. Notify City, through a designated representative, of any health or safety emergency which it believes warrants access to the Security System by City fire and police personnel. For purposes of this Agreement, the term "health and safety emergency" shall mean an emergency for which personally identifiable information about a student may be disclosed without consent because knowledge of that information is necessary to protect the health or safety of the affected student or other individuals. c. Notify City, through a designated representative, when any health and safety emergency identified pursuant to Section 2.b has ended. d. Perform its obligations under FERPA regarding notification, recordkeeping and reporting of disclosures of personally identifiable information, including such disclosures that occur during a health or safety emergency. 3. City Obligations. City agrees to: a. Identify a designated representative and a backup designated representative to receive notifications from PPS regarding health and safety emergencies at PPS facilities. b. Only utilize the access and login credentials provide by PPS for the PPS Security System during health and safety emergencies and only after being notified of a health or safety emergency warranting such use. c. Cease use and access to the Security System upon notification from PPS school administrators that any identified health or safety emergency has ended. d. Prevent access to the Security System except by personnel whose access is reasonably necessary to promote health and safety during an emergency. e. Notify PPS of any unauthorized access or use of the Security System, including unauthorized use of the login credentials provided by PPS. f. Not retain any audio or video captured by the Security System except in such instances where such use or retention is consistent with FERPA. 4. Termination. This Agreement may be terminated prior to the expiration date under the following conditions: a. If either party breaches its obligations under this Agreement the other party may immediately terminate this Agreement by written notice to the other party. b. Either party may terminate this Agreement without cause upon thirty (30) days' written notice to the other party. S. Notices. Any notices required to be sent under this Agreement shall be sent in writing and considered received when mailed, and shall be mailed by certified mail or overnight delivery, to the following addresses: If to PPS: Paducah Public Schools Attn: Dr. Donald Shively 800 Caldwell Street Paducah, Kentucky 42001 If to City: City of Paducah Attn: 6. Miscellaneous. This Agreement may not be amended except by a writing signed by both parties. This Agreement is the complete agreement of the parties regarding matters addressed herein. No oral agreements or representations shall be considered binding upon the parties. This Agreement may not be assigned by either party without the prior written consent of the other party. This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same agreement, and shall become a binding agreement when one or more counterparts have been signed by each of the parties and delivered to the other party, provided each appears in its original typewritten form, without deletions, strike-throughs or modifications of any type. The headings of this Agreement are included for convenience of reference only, and shall not affect the construction or interpretation of any of its provisions. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. CITY: PPS: THE CITY OF PADUCAH PADUCAH INDEPENDENT SCHOOL DISTRICT - BOARD OF EDUCATION By: By. Print Name: Print Name: Its: