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HomeMy WebLinkAbout96-209 Resolution No. 96-209 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 Kevin Kelly, 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 District #509, 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 Kevin Kelly Kevin Kelly, Mayor Presented: July 10, 1996 Adopted: July 10, 1996 Omnibus Vote: Yeas 7 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT FOR POLICE SERVICES THIS AGREEMENT made and entered into this t/ day of 19 q ( ,by and between the City 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, Section 22011 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 1 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 July 1, 1996,and terminate on June 30, 1997. 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 Square facility. Police services provided pursuant to this Agreement shall include, but not be 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. Flours of Work. The three officers shall be assigned to ECC full time. The 2 total hours of service provided to ECC shall be 5,952. Each officer shall perform service for ECC for 1,984 hours at 40 hours per week. The officers shall provide services which conform to a schedule which includes 7:00 am to 11:00 pm Monday through Friday and 9:00 am to 5:00 pm Saturday at the main campus and 2:30 pm to 10:30 pm Monday through Thursday at Fountain Square except for the periods 12/24/96 through 1/1/97 (Holiday Recess)and 3/24/97 through 3/30/97(Spring Recess). 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. 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, 3 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 include ECC as an additional named insured within its self-insured 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. 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 Services. 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 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 4 that temporary redeployment of City 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 back-up services, including equipment and personnel, required to assist the City police employees assigned to ECC in 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. 16. Penalty for Breach. In the event 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 5 costs incurred through the proposed termination date. 17. Payment. Payment by ECC for services provided under this agreement shall be$153,300 which includes all costs(personnel, benefits,equipment). The total contract amount shall not exceed$153,300. Payments shall be in installments of$12,775 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: Roy Flores, President 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 6 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. 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 Mayor VC. Attest: Attest: 2 ` r- City Clerk revised May 7,1996 7 E I in Agenda Item No. June 14, 1996 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Renewal of Elgin Community College Contract for Police Service 1996/97 PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a contract with Elgin Community College (ECC) for police servic- es from July 1, 1996 through June 30, 1997. BACKGROUND The Elgin Police Department began supplying enhanced police patrol service to the downtown and main campuses of ECC in 1994. Three sworn Elgin police officers have provided routine police services and security services for the College. The estimated full cost of three officers (Attachment A) is reim- bursed by ECC. The students of the College, the College staff and administration and Elgin residents in the surround- ing area have enjoyed a heightened sense of security and safety. ECC wishes to continue this contract for an addition- al year. The officers assigned to the College have proven their useful- ness outside of their regular college duties. Earlier this year, the officer assigned to the ECC Main Campus was instru- mental in locating and arresting a suspect for bank robbery. This type of involvement has demonstrated the benefit of this service to both the College and the entire City. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The ECC Board has considered and approved this contract for the coming year. Renewal of ECC Contract June 14, 1995 Page 2 FINANCIAL IMPACT The proposed agreement includes an increase the funding by the College from $146,000 in 1995/96 to $153,300 in 1996/97. The additional monies during this contract period will cover the increased costs for officer salaries. The program revenue was included in the 1996 budget under account number 010-2308-534.0101, Special Detail- Elgin Community College. LEGAL IMPACT None. RECOMMENDATION It is recommended that the City Council approve the agreement with Elgin Community College for police services. Respectfully submitted, Charles A. Gruber Chief of Police Richard B. Helwig City Manager JB/jb Elgin Coi,imunity College Proposal 1996/97 I officer 3 officers Salary(salary w/anticipated increases) $46,615.73 $139,847.20 Training $200.00 $600.00 Liability Insurance @ 2.5% $1,165.39 $3,496.18 Medicare @ 1.6% $699.24 $2,097.71 Police Pension @ 2.5% $1,165.39 $3,496.18 Workman's Comp @ 3.6% $1,67817 $5,034.50 Unemployment Ins @.05% $23.31 $69.92 $51,547.23 $154,641.69 Uniform maint/cleaning $300.00 $900.00 Squad use(11 for Main Campus) $8,000.00 $8,000.00 Total Cost per year $163,541.69 Elgin Community College $153,300.00 94% Local share-General Fund $10,241.69 6% Attachment A