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HomeMy WebLinkAbout05-278 Resolution No. 05-278 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR POLICE SERVICES WITH GAIL BORDEN LIBRARY DISTRICT 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 Gail Borden Library District for police services for the period August 24, 2005 to June 9, 2006, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: September 28, 2005 Adopted: September 28, 2005 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT FOR POLICE SERVICES THIS AGREEMENT is made and entered into this 2 V th day of S EP T- , 2005, 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 "City") and Gail Borden Library District, an Illinois library district organized under the statutes of the State of Illinois, in the counties of Cook and Kane, State of Illinois (hereinafter referred to as "Gail Borden Library" ) ; WITNESSETH WHEREAS, Article 7, Section 10 of the constitution of the State of Illinois, 1970, authorizes units of local government 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 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, Gail Borden Library has determined that it is necessary to upgrade its security services at its 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 Gail Borden Library facility; 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 Gail Borden Library 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 sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows : 1 . Term of Agreement. This Agreement shall become effective on AUGUR-2� .�f��� and terminate on June 9, 2006 . 2 . Description of Services . The City, through its police department, shall provide a total of one uniformed part- time or auxiliary officer to patrol within the boundaries of the Gail Borden Library facility. Police service provided pursuant to this Agreement shall include, but not be limited to, enforcement of state statutes, county ordinances, city ordinances, and duly enacted Library ordinances and regulations pertaining to conduct in the Library buildings and upon Library grounds . Authority for such patrol and enforcement services is hereby granted by Gail Borden Library to the City. 3 . Hours of Work. The aforementioned part-time or auxiliary officer shall be assigned to Gail Borden Library. A total of 840 hours of service per year shall be provided to Gail Borden Library. The officer shall provide services which conform to a schedule which includes 5 : 15 P .M. - 9 : 15 P.M. Monday through Thursday and 1 : 00 P.M. to 6 : 00 P.M. Saturday at the Gail Borden Library. The City shall pay for police service for 336 hours and Gail Borden Library shall assume the payment for 504 hours for the period August 24 , 2005 through June 9, 2006, up to the maximum amount and upon the payment terms set forth in Paragraph 17 herein, with such payments to be proportionally reduced for any actual reductions in the above scheduled service hours . 4 . Assignment of Employees . The determination as to which city employees shall be assigned to the Gail Borden Library facility shall be within the sole discretion of City' s Chief of Police. 5 . Status of Employees . All City police department employees assigned to providing police services for Gail Borden Library shall remain Elgin employees and shall not have any right, status, benefit or liability of Gail Borden Library employment . 6 . Payment of Employees . Gail Borden Library shall not be liable for the direct payment of salaries, wages, or other compensation to City of Elgin police employees . 7 . Relationship of Parties . It is understood by the parties hereto that the City of Elgin and its police employees are independent contractors with respect to the Gail Borden Library and no City police department employee assigned to the Gail Borden Library is an employee of Gail Borden Library. Gail Borden Library shall 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 and agreed that the City shall be utilizing its self-insurance program for protection for the City against claims for bodily injury, death, property damage, civil rights violations, 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 Gail Borden Library 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 . Gail Borden Library agrees to hold harmless and indemnify the City from and against any and all claims for damages, suits, causes of action, or any other liability claim as to any party which is not a party to this agreement, when such claim, suit or cause of action alleges or is based on a claim or allegation of the existence of a special duty. In the event of any such claim, suit or cause of action, counsel shall be that of the City' s own choosing. The provisions of this paragraph shall survive any termination and/or expiration of 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 Gail Borden Library shall perform duties as assigned by the City' s Chief of Police, consistent with the provision of police services as such services may lawfully be provided by reserve, auxiliary or part-time officers as may be provided by City at the sole discretion of City' s Chief of Police . 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 Gail Borden Library shall at all times be under the direction and control of the City' s Chief of Police . 12 . Interruptions in Service. Gail Borden Library acknowledges and agrees that temporary redeployment of City employees assigned to Gail Borden Library may, from time to time, be necessary. Any and all such redeployment shall be at the sole discretion of City' s Chief of Police or her designee. In the instance of any such redeployment, City shall provide notice to the director of Gail Borden Library as soon as may be practicable . 13 . Absence of Employees. In the event of the unavailability of any City police employee assigned to Gail Borden Library due to sickness, injury, use of benefit time or any other reason, that City police employee shall be temporarily replaced when feasible by another City police employee as determined by the City' s Chief of Police at no additional cost to Gail Borden Library. In any such instance, the City shall provide prompt notice to the Gail Borden Library Director 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 Gail Borden Library under ,this agreement shall be at the discretion of the City' s Chief of Police, with adjustments in payment by Gail Borden Library. 15 . Additional Services . Any and all necessary back-up services, including equipment and personnel, required to assist the City police employees assigned to Gail Borden Library in performance of the obligations under this agreement shall be at the sole discretion and control of the City' s Chief of Police . 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 . Gail Borden Library shall be responsible for payment to the City for actual costs incurred through the proposed termination date . In the event City is unable to provide any officers for any reason whatsoever, Gail Borden Library agrees that City shall not be liable for damages which may result from or arise out of such failure to provide officers . 17 . Payment. Subject to any adjustment pursuant to paragraphs 3 and 14 hereof, payment by Gail Borden Library to the City for services provided pursuant to this agreement shall be $7, 786 . 80, which includes Gail Borden Library' s contribution toward all costs (personnel, benefits, equipment) . The total contract amount to be paid by Gail Borden Library shall not exceed $7, 786 . 80 . Payment shall be in installments of $1, 946 . 70 quarterly and shall be made by Gail Borden Library within fifteen days of receipt of quarterly billing from the City. The rate will be adjusted annually to reflect changes in the hourly rate paid to Auxiliary officers . 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 Lisa Womack Elgin Police Department 151 Douglas Street Elgin, IL 60120 Gail Borden Library: Carole Medal 270 N. Grove Avenue Elgin, IL 60120 19 . Entire Agreement. This agreement may only be modified or amended by the written agreement of both parties hereto. This agreement contains the entire agreement of the parties hereto and there are not 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 . 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. 21 . 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 the party' s right to subsequently enforce and compel strict compliance with every provision of this agreement . 22 . 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. 23 . 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. 24 . 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 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 Gail Borden Library 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 . IN WITNESS WHEREOF, the parties hereto have executed this agreement at Elgin, Illinois, on the date first written above. Carole Medal Gail Borden Library CITY OF ELGIN 270 North Grove Avenue Elgin, Illinois 60120 By Mayor By Attest: / Attest : City Clerk OFFICIAL SEAL JOYCE E NIELSEN NOTARY PUBLIC-STATE OF ILLINOIS My COMMSSION EXPIRESMI 09 Agenda Item No. City of Elgin 0 September 9, 2005 TO: Mayor and Members of the City Council SAFE connnnutar-rY FROM: Olufemi Folarin, City Manager Deputy Chief James Burns SUBJECT: Contract with Gail Borden Public Library for Police Services PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a one year agreement with Gail Borden Public Library for police services. RECOMMENDATION It is recommended that the City Council approve the agreement with Gail Borden Public Library at a cost of$5,191. BACKGROUND The City of Elgin has entered into agreements with the Gail Borden Public Library for police services since 1996. Over the last 9 years the Police Department has assigned an auxiliary police officer to conduct basic security functions inside of the library. The original request grew out of fears of gang presence in the facility. During the last nine years, the threat posed by obvious gang members has been reduced, but the library continues to have a large number of patrons in the targeted hours of 5:15 p.m. through closing. The presence of a uniformed officer has aided the library in keeping the facility safe and comfortable with no major incidents occurring in several years. This contract is a partnership between the City and the library, with the library paying roughly 60 percent of the total cost for the auxiliary officer. Auxiliary officers are not armed and are not trained to the level of sworn officers, but still provide a visual deterrent and carry a portable police radio capable of direct communication with other department members in the event of a problem. COMMUNITY GROUPSANTERESTED PERSONS CONTACTED None Contract with Gail Borden Public Library for Police Services September 9, 2005 Page 2 of 14 FINANCIAL IMPACT The cost to provide this service under the agreement will total approximately $12,978.00 of which the Library will reimburse the City $7,786.80. There are sufficient funds budgeted ($82,430) and available ($39,531) in the General Fund, Police Department budget account number 010-2311-731.01-04 Personal Services/Part-time (NON-IMRF) to cover the City's portion of this contract totaling $5,191.20. The reimbursement will be deposited in the General Fund, account 010-0000-534.01-02. L ALIMPACT one ALTERNATIVES 1. The City may choose to not provide enhanced security at the Library and not enter into this agreement. 2. The City may choose to provide enhanced security only if the Library will bear 100 percent of the cost and the City will then attempt to renegotiate with the Library. Respectfully submitted for Council consideration. 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