HomeMy WebLinkAbout94-87 Resolution No. 94-87
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT FOR POLICE SERVICES WITH
ELGIN COMMUNITY COLLEGE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to
execute an Agreement for Police Services on behalf of the City
of Elgin with Elgin Community College for law enforcement
services at the Elgin Community College facilities, a copy of
which is attached hereto and made a part hereof by reference.
sl George VanDeVoorde
George VanDeVoorde, Mayor
Presented: April 13, 1994
Adopted: April 13, 1994
Omnibus Vote: Yeas 7 Nays 0
Attest:
sl Dolonna Mecum
Dolonna Mecum, City Clerk
Efi --ion
Anenda Item No.
V .
March 18, 1994
TO: Mayor and Members of the City Council
FROM: Robert O. Malm, Interim City Manager
SUBJECT: Agreement with Elgin Community College for Police
Services and a request to increase the authorized
strength of the Elgin Police Department by three
officers
PURPOSE
To establish an agreement between the City of Elgin and Elgin
Community College to provide police service to their facili-
ties within the City and to increase the authorized strength
of the Elgin Police Department.
BACKGROUND
Elgin Community College continues to experience rapid growth
and has chosen to expand its facilities within the City of
Elgin. With this expansion and increased student population
has come a heightened need for security. Elgin Community
College currently uses "hire-back" Elgin Police officers to
perform security functions at their two campuses. ECC pays
the City of Elgin $27.50 per hour as required by City ordi-
nance and the City pays the costs for salary, equipment and
fringe benefits for the officers at an average of $33.50 per
hour, a loss of $6 per hour. The City has been bearing this
cost due to the benefits to the entire city derived by having
uniformed Elgin Police officers downtown at ECC's Fountain
Square building and at ECC's Spartan Drive campus. While
performing security functions on ECC property, the City gains
the security and police presence both on the campus and in
the surrounding area. The ability of the Elgin Police Depart-
ment to assign "hire-back" officers and supply needed equip-
ment has placed a serious strain on the Department. Frequent-
ly officers are working 16 hour shifts and their ability to
supply quality service to the citizens of Elgin is severely
strained.
Agreement with ECC for Police Services
March 18, 1994
Page 2
As a long-time partner with the City of Elgin, Elgin Communi-
ty College has enjoyed the presence of uniformed Elgin offi-
cers on their campuses. ECC has explored other security
methods but prefers the professionalism available from their
police department. It is therefore desirable to find a meth-
od through which the Elgin Police Department can continue to
supply the service and still allow ECC professional police
service.
The proposed agreement would establish an intergovernmental
agreement between ECC and the City of Elgin. For their part,
ECC will pay $10,000 per month to the City of Elgin. The
City will then be responsible for the assignment of three
officers to handle the security at the ECC campuses as out-
lined by their schedule. The Elgin Police Department will
maintain full control over these officers and may use them
off campus if emergency conditions arise. When school is not
in session during the summer and spring break, these officers
will be available for other assignments.
Currently the Elgin Police Department is subsidizing the
"hire-back" program at $6 per hour. No additional time is
available to the department for other purposes. No remunera-
tion is received for the use of a fully equipped squad. The
necessity to supply this squad is causing a serious hardship
for the afternoon shift. It is estimated that the squad car
use costs the city approximately $3 per hour. Due to current
union contracts, the officers assigned to ECC change daily,
resulting in inconsistent service. The citizens of Elgin are
frequently relying on officers that may have been working for
15+ hours to handle their emergencies, a less than desirable
situation.
Finally, it is very difficult for the Police Department to
maintain the current level of "hire-back" service. The offi-
cers' inability to become acquainted with this "beat" and
work to solve and prevent problems is inconsistent with the
practice of community oriented policing that the department
is striving to provide throughout the community.
FINANCIAL IMPACT
Elgin Community College will pay the City of Elgin $10,000
per month for 12 months per year. (assuming the contract is
renewed) This will result in $120,000 paid by ECC towards hir-
ing, training and equipping three additional officers. The
cost to the City are as follows:
Salary & benefits for 3 new officers:
3 @ $45,471.36= $136,414.08
Training costs $3,000:
(One new officer already trained) 2 @ $3,000= $6,000
Agreement with ECC for Police Services
March 18, 1994
Page 3
Equipment (gun,uniforms,etc.) : 3 @ $3,700= $11,100
Squad car (keeping "best" trade in car for '94): est.$5,800
Replacement squad equipment for new car 4,750
Total cost for squad for 1994 $10,550
Total cost to city for lst twelve months = $164,064.08
Total collected for service= 120,000.00
City's share= $44,064.08
Returned to city:
Seventy-nine eight hour man days = $17,000
TOTAL COST TO CITY $27,064.08
Currently not-reimbursed by ECC for "hire-back" police offi-
cers at time and one half rate:
Wages not recovered (5,842hrs. @ $6 per hr) : $35,035
Squad use not recovered ( 4,376 hrs @ $3 per hr) : 13,128
Current total cost to city $48,163
SAVINGS WITH THIS PLAN $48,163 - 27,064.08= $21,098.92
Elgin Community College would pay the City of Elgin $5,000 as
a contribution to the City's self-insurance reserves to satis-
fy liability concerns.
The funds necessary to pay the City's portion of this agree-
ment are already included in the Police Department's overtime
budget. Some re-distribution of funds would cover the expens-
es.
During the second year of this contract the costs to the City
will change. Wages will increase by approximately 3% but
training and equipment costs will drop off. It is also recom-
mended that a replacement squad car should be purchased by
the City in 1995 at an approximate cost of $16,000. This
will result in a savings of $21,100 less the new car cost of
$16,000 for a savings of $5,100 in 1995, less a wage increase
of $4,000 for a total additional net savings of $1,100. The
purchased squad will then have an anticipated life of 3 yrs
if devoted solely to ECC.
LEGAL IMPACT
The Legal Department has prepared the attached agreement.
Agreement with ECC for Police Services
March 18, 1994
Page 4
RECOMMENDATION
It is recommended that this agreement for police services be
entered into between the City of Elgin and Elgin Community
College. It is further recommended that the authorized
strength of the Elgin Police Department be increased by three
officers to staff this obligation. This would bring the
total authorized strength to 131 officers.
Robe O. Ma m, Interim City Manager
AGREEMENT FOR POLICE SERVICES
THIS AGREEMENT made and entered into this 1'JA
and between the Cit
day of ��� 19�/, by y of
Elgin, a municipal corporation, organized and existing under
the constitution and the statutes of the State of Illinois
(hereinafter referred to as the "City") and Elgin Community
College District #509, an Illinois school district organized
under the statutes of the State of Illinois, in the Counties
of Cook, Kane, DuPage, DeKalb and McHenry, State of Illinois
(hereinafter referred to as "ECC");
WITNESSETH
WHEREAS, Article 7, Section 10 of the constitution
of the State of Illinois, 1970, authorizes units of local
government, including municipalities and school districts, to
enter into contracts to exercise, combine or transfer any
power or function not prohibited to them by law or ordinance;
and
WHEREAS, Illinois Compiled Statutes, Chapter 5, Sec.
220/1 et seq., known as the Intergovernmental Cooperation Act,
authorizes units of local government in Illinois to exercise
jointly with any public agency within the state, including
other units of local government, any power, privilege, or
authority which may be exercised by a unit of local government
individually and to enter into contracts for the performance
of governmental services, activities and undertakings; and
WHEREAS, ECC has determined that it is necessary to
upgrade its security services at its campus facilities, which
are located within the City of Elgin; and
WHEREAS, the parties hereto have determined that it
is necessary and desirable for the City with its professional
police department to provide additional police services for
ECC at the ECC main campus and Fountain Square facilities; and
WHEREAS, the City is a home rule unit which may
exercise any power or function relating to its government and
affairs; and
WHEREAS, the City's agreement to provide additional
police services for ECC at the ECC main campus and Fountain
Square facilities are actions which relate to the government
and affairs of the City.
NOW, THEREFORE, for and in consideration of the
mutual promises and undertakings set forth herein, and for
other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties
hereto agree as follows:
1. Term of Agreement. This agreement shall
become effective on June 1, 1994 and terminate on May 31, 1995.
2. Description of Services.. The City through
its police department will provide a total of three uniformed,
sworn officers and one fully operational police department
patrol vehicle to patrol within the geographic boundaries of
ECC facilities. Two officers will patrol the main campus with
a patrol vehicle and one officer shall patrol the Fountain
2
a patrol vehicle and one officer shall patrol the Fountain
Square facility. Police services provided pursuant to this
agreement shall include, but are not limited to, enforcement
of state statutes, county ordinances, city ordinances, and ECC
rules and regulations on traffic and parking violations.
Authority is hereby granted by ECC to the City for the
enforcement on the ECC main campus and Fountain Square
facilities of all traffic and parking regulations of the State
of Illinois, City of Elgin and ECC.
3. Hours of Work. The days and hours of work
are specified in the attached schedule marked as Exhibit "A"
and labeled "FY '94 Main Campus 1st Shift," "FY '94 Main
Campus 2nd Shift," and "FY 194 Fountain Square 2nd Shift." An
additional 160 hours of service to be determined at a later
date are requested and anticipated. These additional hours
are a contingency to cover unforeseen events. Any hours of
service of assigned officers required by ECC beyond those
specified in this agreement shall be assigned at the
discretion of the City. The City shall contact ECC Director
of Campus Safety as to assignment of discretionary hours. Any
changes in work schedules must be agreed to by both parties
hereto.
4. Assignment of Employees. All police
department employees assigned to the ECC facility shall be at
the sole determination and discretion of the City and the
Chief of Police.
3
5. Status of Employees. All City police
department employees assigned to providing police services for
ECC shall remain City of Elgin police department employees and
shall not have any right, status or benefit of ECC employment.
6. Payment of Employees. ECC shall not be
liable for the direct payment of salaries, wages or other
compensation to City of Elgin police department employees.
7. Relationship of Parties. It is understood by
the parties hereto that the City of Elgin and its police
department employees are independent contractors with respect
to ECC, and no City police department employee assigned to ECC
is an employee of ECC. ECC will not provide fringe benefits,
including health insurance benefits, workers' compensation,
retirement, paid vacation, or any other employee benefit, for
the benefit of any City police employee.
8. Waiver of Claims and Insurance. The parties
hereby agree to waive all claims against the other party and
their police officers and all other officials, employees,
agents, and representatives of the other party for any loss,
damage, personal injury, or death occurring in consequence of
the performance of this agreement. At all times during the
term of this agreement, it is understood that the City will be
utilizing its self-insurance program for protection for the
City against claims for bodily injury, death property damage,
civil rights, false arrest and malicious prosecution occurring
as a result of the existence of this agreement or services
performed pursuant to this agreement. The City agrees to
4
include ECC as an additional named insured within its
self-insurance program so as to provide coverage against
claims for bodily injury, death, property damage, civil
rights, false arrest and malicious prosecution occurring as a
result of the existence of this agreement or services
performed pursuant to this agreement. ECC shall pay to the
City $5,000.00 as a contribution to the City's self-insurance
reserves. ECC shall deliver said $5,000 fee to the City
promptly after the entry into this agreement.
9. Assignment. The obligations of the parties
hereto may not be assigned or transferred to any other person,
firm, corporation, or body politic, without the prior written
consent of both parties hereto.
10. Performance of Service. City police
employees assigned to ECC shall perform general law
enforcement duties and such other duties as assigned by the
Chief of Police, consistent with the provision of police
services on the grounds of an institution of higher
education. The City shall determine and apply standards for
performance and discipline used in the delivery of the
contract police services.
11. Accountability of Employees. All City police
employees assigned to ECC shall at all times be under the
direction and control of the Chief of Police of the City
police department.
12. Interruptions in Service. The parties hereto
acknowledge and understand that temporary deployment of City
5
police employees assigned to ECC may be necessary. Any and
all such redeployment shall be at the sole discretion of the
City's Chief of Police or his designee on the City police
department. In the instance of any such redeployment the City
shall provide prompt notice to the ECC Director of Campus
Safety.
13. Absence of Employees. In the event of the
unavailability of any City police employee assigned to ECC due
to sickness, injury, use of benefit time, or any other reason,
that City police employee shall be temporarily replaced by
another City police employee as determined by the Chief of
Police at no additional cost to ECC. In any such instance,
the City shall provide prompt notice to the ECC Director of
Campus Safety as to the nature of the absence, the expected
duration, and the identity of the replacement officer.
14. Work Slowdown. In the event the City
experiences any work slowdown or stoppage in its police force,
the level of service provided to ECC under this agreement
shall be at the discretion of the Chief of Police with
adjustments in payment by ECC accordingly.
15. Additional Services. Any and all necessary
backup services, including equipment and personnel, required
to assist the City police employees assigned to ECC in the
performance of the obligations under this agreement shall be
at the sole discretion and control of the Chief of Police of
the City police department.
6
16. Penalty for Breach. In the event that either
party fails to perform its obligations under this agreement,
and if said failure to perform shall continue for thirty days
after written notice thereof is given to the party having
failed to perform, the other party may terminate the
agreement. ECC shall be responsible for payment to the City
for actual costs incurred through the proposed termination
date.
17. Payment. Payment by ECC for services
provided under this agreement, not including the insurance fee
provided for under paragrph 8, shall be $120,000.00 which
includes all costs (personnel, benefits, equipment). The
total contract amount, not including the insurance fee
provided for under paragraph 8, shall not exceed $120,000.
Payments shall be in installments of $10,000.00 a month and
shall be made by ECC within fifteen days of receipt of monthly
billing from the City.
18. Notices. All notices required or permitted
under this agreement shall be in writing and shall be deemed
delivered in person or deposit in the United States mail,
postage prepaid, addressed as follows:
City of Elgin: Chief Charles Gruber
Elgin Police Department
150 Dexter Court
Elgin, IL 60120
Elgin Community College: Richard A. Cervantes
Elgin Community College
1700 Spartan Drive
Elgin, IL 60123
7
Ms. Peggy F.J. Bradford
Vice President of Legal
and Human Services
Elgin Community College
1700 Spartan Drive
Elgin, IL 60123
19. Entire Agreement. This agreement contains
the entire agreement of the parties hereto and there are no
other promises or conditions or any other agreement whether
oral or written. This agreement supersedes any prior written
or oral agreements or negotiations between the parties.
20. Amendment. This agreement may be modified or
amended but only through a written amendment executed by both
parties hereto.
21. Severability. If any provision of this
agreement shall be held to be invalid or unenforceable for any
reason, the remaining provisions shall continue to be valid
and enforceable but only in the event the balance of this
agreement is ratified by the parties hereto.
22. Waiver of Contractual Right. The failure of
either party to enforce any provision of this agreement shall
not be construed as a waiver or limitation of that party's
right to subsequently enforce and compel strict compliance
with every provision of this agreement.
23. Applicable Law. This agreement shall be
governed by the laws of the State of Illinois. Any action
brought pursuant to this agreement shall be brought in the
Circuit Court of Kane County, Illinois.
8
IN WITNESS WHEREOF, the parties hereto have executed
this agreement at Elgin, Illinois, on the date first written
above.
ELGIN COMMUNITY COLLEGE, CITY OF ELGIN
DISTRICT #509, COUNTIES OF
DUPAGE, COOK, MCHENRY,
DEKALB AND KANE, STATE
OF ILLINOIS By
Mayo
By Attest:
/
Attes
'A City Clerk
9
FY 194 Main Campus, 1 shift, 7a-3p M-F & 9a-5p Sat Revised 8-2-93
D J A S O N D J F M A M J
A U U E C O E A E A p A - U
Y L G p T V C N B R R Y N
S
1. 7-3 7-3 7-3 7-3 X 7-3 . 7-3 X X X
2 7-3 9-5 7-3 7-3 X 7-3 7-3 X 7-3 X
3 7-3 - X 7-3 7-3 X 7-3 7-3 X 7-3 X
4 9-5 7-.3 7-3 9-5 X 7-3 1-3 7=3 7-3 X
5 X 7-3 7-.3 X X 9-5 9-5 7-3 7-3 X
6 X 7-3 9-5 7-3 X X X 7-3 7-3 X
7 7-3 7-3 X 7-3 X 7-3 7=3 7-3 9-5 X
8 7-3 7-3 7-3 7-3 X 7-3 7-3 7-3 X X
9 7-3 9-5 7-3 7-3 X 7-3 7-3 9-5 7-3 X
10 7-3 X 7-3 7-3' X 7-3 7-3 X 7-3 X
11 9-5 7-3 7-3 9-5 X X' 7-3 7-3 7-3 X
12 X 7-3 7-3 X X X 9-5 7-3 7-3 X
13 7-3 7-3 9-5 7-3 X X X 7-3 7-3 7-3 -
14 7-3 7-3 X 7-3 X 7-3 7-3 7-3 9-5 7-3
15 7-3 7-3 7-3 7-3 X 7-3 7-3 7-3 X 7-3
16 7-3 9-5 7-3 7-3 X 7-3 7-3 9-5 7-3 7-3
17 7-3 X 7-3 X X 7-3 7-3 X 7-3 X
18 9-5 7-3 7-3 X 7-3 7-3 7-3 7-3 7-3 X
19 X 7-3 7-3 X 7-3 9-5 9-5 7-3 X X
20 7-3 7-3 9-5 X 7-3 X X 7-3 X 7-3
21 7-3 7-3 X X 7-3 7-3 7-3 7-3 X 7-3
22 7-3 7-3 7-3 X 9-5 7-3 7-3 7-3 X 7-3
23 7-3 9-5 7-3 X X 7-3 7-3 9-5 X 7-3
24 - 7-3 X 7-3 X 7-3 7-3 7-3 X- X X
25 9-5 7-3 X X 7-3 7-3 7-3 7-3 X X
26 X 7-3 X X 7-3 9-5 9-5 7-3 X X
27 7-3 7-3 X X 7-3 X X 7-3 X 7-3
28 7-3 7-3 X X 7-3 7-3 X 7-3 X 7-3
29 7-3 7-3 7-3 X 9-5 X 7-3 X 7-3
30 "7-3 9-5 7-3 X X X 9-5 X 7-3
31 X X 7-3 X X
Mo. xoure 200 208 184 112 96 176 184 192 120 96
Total Hours: 1,568
Exhibit'A
FY 194 Main campus, 2 shift, 3p-llp M-F Revised B-2-93
D J A S O N D J F M A M J
A U U E c O E A E A p A U
Y L G p T V c N B R R Y N
S
1 3-11 3-11 3-11 3-11 X 3-11 3-11 X X X
2 3-11 X 3-11 3-11 X 3-11 3-11 X 3-11 X
3 3-11 X 3-11 3-11 X 3-11 3-11 X 3-11 X
4 X 3-11 3-11 X X 3-11 3-11 3-11 3-11 X
5 X 3-11 3-11 X X X X 3-11 3-11 X-
6 X 3-11 X 3-11 X X X 3-11 3-11 X
7 3-11 3-11 X 3-11 X 3-11 3-11 3-11 X X
8 3-11 3-11 3-11 3-11 X 3-11 3-11 3-11 X X
9 3-11 X 3-11 3-11 X 3-11 3-11 X 3-11 X
10 3-11 X 3-11 3-11 X 3-11 3-11 X 3-11 X
11 X 3-11 3-11 X X X 3-11 3-11 3-11 X
12 X 3-11 3-11 X X X X 3-11 3-11 X
13 3-11 3-11 X 3-11 X X X 3-11 3-11 3-11
14 3-11 3-11 X 3-11 X 3-11 3-11 3-11 X 3-11
15 3-11 3-11 3-11 3-11 X 3-11 3-11 3-11 X 3-3.1
16 3-11 X- 3-11 3-11 X 3-11 3-11 X 3-11 3-11
17 3-11 X 3-11 X X 3-11 3-11 X 3-11 X
18 X 3-11 3-11 X X 3-11 3-11 3-11 3-11 X
19 X 3-11 3-11 X X X X 3-11 X X
20 3-11 3-11 X X X X X 3-11 X
21 11 3-11 3-11 X X X 3-11 3-11 3-11 X 3-11
22 3-11 3-11 3-11 X X 3-11 3-11 3-11 X 3-11
23 3-11 X 3-11 X X 3-11 3-11 X X 3-11
24 3-11 X X X 3-11 3-11 3-11 X X X
25 X 3-11 X X 3-11 3-11 3-11 3-11 X X-
26 X 3-11 X X 3-11 X X 3-11 X X
27 3-11 3-11 X X 3-11 X X 3-11 X 3-11
28 3-11 3-11 X X 3-11 3-11 X 3-11 X 3-11
29 3-11 3-11 3-11 X X X 3-11 X 3-11
30 3-11 X 3-11 X X X X -X 3-11
31 X X 3-11 X X
Mo. Hours 168 168 152 96 48 152 1 152 160 104 96
Total Hours: 1,296
FX 'S4 Fountain Square, 2- Shift, 2:15p-10:15p M-F Revised B-2-93
'D J A S O N D J F M A M q-1
A U U E C O E A E A p AY L G p T V C N B R R YS
1 2-10 2-10 2-10 2-10 X 2-10 2-10 X X2-10 X 2-10 2-10 X 2-10 2-10 X 2-10
3 2-10 X 2-10 2-10 2-10 2-10 2-10 X 2-10 X
4 X 2-10 2-10 X 2-10 2-10 2-10 2-10 2-10 X
5 X 2-10 2-10 X 2-10 X X 2-10 2-10 X
6 X - 2-10 X 2-10 2-10 X X 2-10 2-10 2-10
7 2-10 2-10 X 2-10 X 2-10 2-10 2-10 X 2-10
B 2-10 2-10 2-10 2-10 x 2-10 2-10 2-10 x 2-10
g 2-10 X 2-10 2-10 X 2-10 2-10 X 2-10 2-10
10 2-10 X 2-10 2-10 2-10 2-10 2-10 X 2-10 X
11 X 2-10 2-10 X 2-10 X 2-10 2-10 2-10 X
12 X 2-10 2-10 X 2-10 X X 2-10 2-10 X
13 2-10 2-10 X 2-10 2-10 X X 2-10 2-10 2-10
14 2-10 2-10 X 2-10 X 2-10 2-10 2-10 X 2-10
15 2-10 2-10 2-10 2-10 X 2-10 '2-10 2-10 X 2-10
16 2-10 X 2-10 2-10 X 2-10 2-10 X 2-10 2-10
17 2-10 X 2-10 X X 2-10 2-10 X 2-10 X
18 X 2-10 2-10 X 2-10 2-10 2-10 2-10 2-10 X
19 X 2-10 2-10 X 2-10 X X 2-10 2-10 X
20 2-10 2-10 X 2-10 2-10 X X' 2-10 X 2-10
21 2-10 2-10 X 2-10 X 2-10 2-10 2-10 X 2-10
22 - 2-10 2-10 2-10 2-10 X 2-10 2-10 2-10 X 2-10
23 2-10 X 2-10 2-10 X 2-10 2-10 X 2-10 2-10
24 2-10 X X X 2-10 2-10 2-10 X 2-10 X
25 X 2-10 X X 2-10 2-10 2-10 2-10 2-10 X
26 X 2-10 X X 2=10 X X 2-10 2-10 X
27 2-10 2-10 X X 2-10 X X 2-10 X 2-10
28 2-10 2-10 X X 2-10 2-10 X 2-10 X 2-10 '
29 2-10 2-10 2-10 X X Emma X 2-10 X 2-10
30 2-10 X 2-10 X X so X 'X X 2-10
31 X X 2-10 X 2-10
Mo. Hours 168 168 152 128 136 152 152 160 152 144
Total Hours: 1,512