Res 2016-017/Information Technology Inter Local Agreement with the San Marcos School District for shared network infrastructure

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3.2 The Shared Data Connection will be secured against all network traffic except for approved IP addresses and Port Numbers as determined and agreed upon by the directors of each respective IT Department. 3.3 The City and SMCISD agree to jointly maintain the shared connection only for approved activities outlined in this agreement. 1. SMPD access to SMCISD video surveillance a. The San Marcos Police Department (SMPD) may only utilize the shared connection to access SMCISD video surveillance in situations that the SMPD believes to be urgent or life - threatening. b. Non - urgent matters including, but not limited to enforcing the Student Code of Conduct do not justify remote video surveillance access. Such matters must be addressed by district administration and may be aided by School Resource Officers. c. Routine video surveillance access by district administrators and School Resource Officers using on- premise resources and methods not facilitated by the shared connection are not governed by this agreement. d. Live or pre- recorded video remains the sole property of SMCISD, and may not be stored, duplicated, or used for any purpose without the express written consent of SMCISD. 3.4 The City and SMCISD agree that access to the shared connection may be monitored for compliance with the intent of this agreement. 3.5 Maintenance and Repairs. Each Party will provide five (5) calendar days prior written notice to the other Party when either network will be inaccessible, except in cases of an emergency in which case each Party will attempt to provide verbal notice as soon as reasonably practical to the other Party. In addition, the City and SMCISD agree that the intent of the shared connection is to enable advanced services, and will be jointly maintained with no Service Level Agreement expectations. Both parties will be held harmless in the event that the shared connection is unavailable. ARTICLE IV INDEMNIFICATION / IMMUNITY / INSURANCE 4.1 To the extent authorized by Texas law each Parry agrees to release, defend, indemnify, and hold harmless the other Party (and its officers, agents, and employees) from and against all claims, losses, damages, cause or causes of action for injuries (including death), property damages (including loss of use), and any other losses, demands, suits, judgments, and costs in any way arising out of, related to, or resulting from the indemnifying Party's breach or default in the performance of any of its obligations under this Agreement, or caused by the negligent acts or omissions of its respective officers, agents, employees, or any other third Parties for whom it is legally responsible in connection with performing this Agreement. This Agreement and the indemnity provided herein is not intended to and will not create any cause of action for the benefit of third parties or any person not a Parry to this Agreement. This indemnity will survive the termination or expiration of this Agreement. Q