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HomeMy WebLinkAbout00-268 Resolution No. 00-268 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR POLICE SERVICES FOR ELGIN COMMUNITY COLLEGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, 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 police services from July 1, 2000 through June 30, 2003, a copy of which is attached hereto and made a part hereof by reference. sl Ed Schock Ed Schock, Mayor Presented: November 29, 2000 Adopted: November 29, 2000 Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT FOR POLICE SERVICES THIS AGREEMENT made and entered into this G"'t.:_ day of 1) �7 C E_M 20 ,by and between the City of Elgin,a municipal corporation,organized and existing under the constitution and the statutes ofthe State of Illinois(hereinafter referred to as the"City")and Elgin Community College District 509,an Illinois school district organized under the statutes ofthe 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 ofthe constitution ofthe 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 220/1 et seq., known as the Intergovernmental Cooperation Act,authorizes units of local government in Illinois to exercisejointly 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, the parties hereto have determined it to be 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 July 1, 2000, and terminate on June 30,2003. 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 Ag--1 f.,Police Services Page r of 5 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 three officers shall be assigned to ECC full time.The 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 10:30 pm Monday through Friday and 9:00 am to 5:00 pm Saturday at the main campus and 2:45 pm to 10:30 pm Monday through Friday at Fountain Square except for the Holiday Recess and Spring Recess as determined yearly by the Academic calendar. 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 ofEmployees.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 ofthe existence ofthis 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. Agreement for Police services Page 2 of 5 10. Performance of services. 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 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. In the instance of any such redeployment the City shall provide prompt notice to the ECC Director of Public Safety. 13. Absence of Employees. In the event of the unavailability of any City of Elgin Police Department employee assigned to ECC,through the use of benefit time,sickness,injury,or any other reason,that City of Elgin Police Department employee shall not be replaced by another City of Elgin Police Department employee,unless the City of Elgin Police Department employee's absence is due to permanent disability. In any such instance, the City shall provide prompt notice to the ECC Director of Public Safety as to the nature of the absence and the expected duration_ 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 costs incurred through the proposed termination date. 17. Payment. The first year of this contract will include payment by ECC for services provided under this agreement totaling$192,600.00 which includes all costs(personnel,benefits, equipment). The total contract amount shall not exceed $192,600.00. Payments shall be in installments of$16,050.00 a month and shalt be made by ECC within fifteen days of receipt of monthly billing from the City.Payments for the second and third years will be modified to reflect any changes in wages and benefits awarded to the patrolman's union.It is agreed and understood that the City owns and shall continue to own all right,title and interest in the police department patrol vehicle and other equipment to be utilized by the City's police department in performing the police service hereunder,and nothing herein nor any of the payments to be made by ECC is intended to or shall be Agreement for Police Services Page 3of5 construed to provide ECC with any rights thereto, with any and all such ownership and rights remaining with 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: ECC: William Miller Michael Shirley,President Elgin Police Department Elgin Community College 151 Douglas Street 1700 Spartan Drive Elgin,IL 60120 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. 24. Nature of Relationship. That it is not the intent or purpose of this agreement and this agreement shall not be deemed or construed to create an employment,joint venture,partnership or other agency relationship between the parties hereto. 25. Nature of Services. It is agreed and understood that the services the City will be providing pursuant to this agreement are general law enforcement services only and that no special duty shall be deemed to be created by this agreement. It is further understood and agreed that this agreement is not intended nor shall be construed to alter,limit or constitute a waiver of any of the civil immunities afforded the City pursuant to the Local Governmental and Governmental Employees Tort Immunity Act at 745 ILCS 10/1-101,et seq.,as amended,it being agreed that all of the civil immunities set forth in such Act,as amended,shall fully apply to any claims asserted or which might be asserted against the City as a result of this agreement or any of the actions of the parties pursuant Agee—nt for Police Services Page 4 of 5 to this agreement. Without limiting the foregoing,it is further agreed and understood that the City as a result of this agreement or any actions of the parties pursuant to this agreement shall not be liable to ECC or to any other person or entity for failure to provide adequate police protection or service, failure to prevent the commission of crimes,failure to detect or solve crimes or the failure to identify or apprehend criminals. 26. Reopening:ECC may during the term ofthis Contract;determine that its Fountain Square Campus should be closed on Fridays.Should ECC so decide, the parties agree that this contract may be reopened for the purpose of determining whether the officer to be assigned to patrol the Fountain Square Campus as stated in Paragraph 2 herein should instead provide such services at the ECC main campus in addition to the other officers assigned to such campus, or whether the charge for the services of such officer should be deleted from the Contract for Fridays, and the contract price reduced pro rata in accordance with such reduction in serves by the City.ECC shall give the City not less than 90 days notice of its desire to reopen the contract for this purpose. IN WITNESS WHEREOF,the parties hereto have executed this agreement at Elgin,Illinois,on the date first written above. ELGIN COMMUNITY COLLEGE, DISTRICT 4509 COUNTIES OF DUPAGE,COOK,MCHENRY, DEKALB AND KANE,STATE OF ILLINOIS S 0a� By President: l Attest:: CITY OF ELGIN By: Mayor: Attest: r .�i , tib` ✓FJ' J u,,w_ T= Revised:November 1,2000 Agreement for Police Services Page 5 of 5 G City of Elgin Agenda Item No. — July 3, 2000 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Renewal of Policing Agreement with Elgin Community College PURPOSE The purpose of this memorandum is to provide information to the Mayor and members of the City Council to consider a contract renewal with Elgin Community College (ECC) for police services from July 1, 2000 through June 30, 2003. 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 majority(94o) of the cost of the three officers (Attachment A) is reimbursed by ECC. Officers are assigned to both the Spartan Drive Main Campus and the Central Business District Campus of DuPage Street and South Grove Avenue. The students of the college, the college staff and administration and Elgin residents in the surrounding area have enjoyed a heightened sense of security and safety. The officers also patrol the surrounding neighborhoods, for which the City reduces the total by an agreed 60. ECC has requested to renew this contract for an additional three years. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The ECC Board has considered and approved this contract for the coming three years. Renewal of Policing Agreement July 3, 2000 Page 2 FINANCIAL IMPACT The proposed agreement includes an increase in the funding from $177,137.81 to $196,893.60 in 2000/2001. The remaining two years will be adjusted to cover wage and benefit increases granted to the officers through co'_lective bargaining. The program revenue was included in the 2000 budget under account number 010-2308-534.0101, Special Detail- Elgin Community College. v ,��, , / LEGAL IMPACT UV�/ None. ALTERNATIVES The City may chose not to renew this agreement and the agreement for enhanced security will terminate and the officers will be eliminated through attrition or reassignment. RECOMMENDATION It is recommended that the City Council approve the agreement with Elgin Community College for police services. Respectfully submitted, A-. PL/e.515 Joyce A. Parker City Manager