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HomeMy WebLinkAbout06-158 Resolution No.06-158 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 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 No.509,Counties of Kane,Cook,DuPage,McHenry,and DeKalb,State of Illinois for police services for the period July 1,2006 through June 30,2009,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock,Mayor Presented: July 12,2006 Adopted: July 12,2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum,City Clerk AGREEMENT FOR POLICE SERVICES THIS AGREEMENT made and entered into this 22nd day of May 2,006 2006,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 Community College District No.509 a body Corporate and Politic,of the counties of Kane,Cook, DuPage,DeKalb and McHenry,Illinois("Elgin Community College")an Illinois Community College District organized under the statutes of the 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 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, 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 ofthe 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, 2006, and terminate on June 30,2009. 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 Agreement for Police Services Page 1 of 5 Fountain Square facilities of all state statutes,county ordinances,city ordinances and all traffic and parking regulations of the State of Illinois,City of Elgin and ECC.This authority is granted to the City on a 24/7,365 day basis. All records of reports generated by the officers for Part I and Part H crimes as defined by the Federal Bureau of Investigation Uniform Crime Reporting,shall remain property of the City of Elgin and maintained in the records section of the Elgin Police Department. 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 6:45 am to 11:00 pm Monday through Friday and 9:00 am to 5:00 pm Saturday at the main campus and 2:45 pm to 10:45 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 facilities shall be at the sole determination and discretion of the City and the Elgin Chief of Police. ECC shall have the right to request the reassignment by the Elgin Chief of Police of any police department employees assigned to ECC facilities who are not reasonably acceptable to ECC. 5. Status of Employees. All City police department employees assigned to provide police services for ECC shall remain City of Elgin police department employees and shall not have any right,status or benefit regarding 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 tern 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. Agreement for Police services Page 2 of 5 10. 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's police department. 11. 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 Chief of Police. 12. Absence of Employees. In the event of the unavailability of any City of Elgin Police Department employee assigned to ECC,through the use ofbenefit time,sickness,injury,or any other reason,that City of Elgin Police Department employee shall not be replacedby another City of Elgin Police Department employee,unless the City of Elgin Police Department employee's absence is due to permanent disability.hl any such instance,the City shall provide prompt notice to the ECC Chief of Police as to the nature of the absence and the expected duration, 13. 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 City of Elgin Chief of Police,with adjustments in payment by ECC accordingly. 14. 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. 15. Penalty for Breach. In the event either party fails to perform its obligations under this agreement,and if said failure to perforin 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. 16. Payment. The first year of this contract will include payment by ECC for services provided under this agreement totaling$277,877.94,which includes all costs(personnel,benefits, equipment). The total contract amount shall not exceed $277,877.94. Payments shall be in installments of$23,156.50 a month and shall 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 as may be applicable pursuant to any collective bargaining agreement.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 construed to provide ECC with any rights thereto,with any and all such ownership and rights remaining with the City. 17. 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: Agreement for Police services Page 3 of 5 City of Elgin: ECC: Lisa Womack,Chief Don Bauman,Chief Elgin Police Department Elgin Community College 151 Douglas Street 1700 Spartan Drive Elgin,IL 60120 Elgin,IL 60123 18. 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.Both ECC and the City will retain an original signed agreement. 19. Amendment. This Agreement may be modified or amended but only through a written amendment executed by both parties hereto. This agreement will be reviewed on an annual basis. 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 that 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. 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 or ECC pursuant to the Local Governmental and Governmental Employees Tort Immunity Act at 745 ILCS 1011-101,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 or ECC 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 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. 25. Reopening and early termination. Should ECC change its hours of operation at its main campus or Fountain Square Campus,the parties agree that the hours of service and compensation Agreement for Police Services Page 4 d5 provisions herein may be reopened to negotiate those issues,including the location of assignment of the officers assigned under this Contract to ECC by the City for police services.In addition,the city agrees to notify ECC by April 1st of each year for the Contract years 2006-2007,2007-2008 and 2008-2009,as to the cost for police services for the next annual Contract year.ECC will notify the city in writing within thirty days of the receipt of such cost data if it is not able to fund the required amount for the next Contract year commencing July 1.If such written notice is given,then this Contract will terminate as of June 30th of the then existing Contract year. IN WITNESS WHEREOF,the parties hereto have executed this agreement at Elgin,Illinois,on the date first written above. ELGIN COMMUNITY COLLEGE DISTRICT No.509,COUNTIES OF KANE,COOK,DUPAGE,MCHENRY,and DEKALB, STATE OF ILLINOIS By President: Attest • �t, �y1t-5p� CITY OF ELGIN d r By: Mayor: a� Attest: ffid, �) �w— Revised: May 22,2006 Agreement f.,Nlice Se,viees Page 5 d 5 —City Of Elgin Agenda Item No. June 23,2006 TO: Mayor and Members of the City Council G FROM: Olufemi Folarin,City Manager Jeffrey Swoboda,Deputy ChieftfPolice SUBJECT: Renewal of the Contract Between Elgin Community College and Elgin Police Department Regarding Police Services 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 1,2006,through June 30,2009. RECOMMENDATION It is recommended that the City Council approve the agreement with ECC for police services. BACKGROUND The Elgin Police Department began supplying three officers to enhance police services to the downtown and main campuses of ECC in 1994.Elgin Community College will reimburse the city for ninety four percent of the officer(s)salary and benefits. These officers are occasionally relied upon to patrol neighborhoods surrounding the college. The college has enjoyed the heightened sense of security and therefore they have requested to renew this contract for an additional three years. The ECC Board has considered and approved this contract for the upcoming three years. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED .None. Renewal of ECC Contract with Police June 23,2006 Page 2 INANCIAL IMPACT The first year of this contract will include payment by ECC for services provided under this agreement totaling $277,877.94 ($96,765.23 per officer multiplied times 3 @ 94% reimbursement as well as$5,000.00 vehicle reimbursement). The remaining two years of the agreement will be adjusted to cover wage and benefit increases granted to the officers through collective bargaining and/or increases in benefit costs to the City. Reimbursement from the college is credited to the General Fund., account number 010-2308-534.01-01, Special Detail- Elgin Community College. EGALIMPACT None. ALTERNATIVES 1. The City Council may choose to reduce the number of officers supplied to ECC. --2,—,---The C'itTt Quneil._may choose_to__end-this_contractual—agreement-and-stop--suppl-ying�--- officers to ECC. Respectfully submitted for Council consideration. js Attachment AGREEMENT FOR POLICE SERVICES THIS AGREEMENT made and entered into this 22nd day of May, 2006 2006,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 Community College District No.509 a body Corporate and Politic,of the counties of Kane,Cook, DuPage,DeKalb and McHenry,Illinois(Elgin Community College")an Illinois Community College District organized under the statutes of the State of Illinois.(Hereinafter referred to as"ECC"); WITNESSETH WHEREAS,Article 7,Section 10 of the constitutionofthe 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 exercise jointly with any public agency within the state,including other units of local government,anypower, 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 1,2006, and terminate on June 30,2009. 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 Agreement foc Nkt Services Page I of 5 Fountain Square facilities of all state statutes,county ordinances,city ordinances and all traffic and parking regulations of the State of Illinois,City of Elgin and ECC.This authority is granted to the City on a 24/7,365 day basis. All records of reports generated by the officers for Part I and Part 11 crimes as defined by the Federal Bureau of Investigation Uniform Crime Reporting,shall remain property of the City of Elgin and maintained in the records section of the Elgin Police Department. 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 6:45 am to 11:00 pm Monday through Friday and 9:00 am to 5:00 pm Saturday at the main campus and 2:45 pm to 10:45 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 facilities shall be at the sole determination and discretion of the City and the Elgin Chief of Police. ECC shall have the right to request the reassignment by the Elgin Chief of Police of any police department employees assigned to ECC facilities who are not reasonably acceptable to ECC. 5. Status of Employees. All City police department employees assigned to provide police services for ECC shall remain City of Elgin police department employees and shall not have any right,status or benefit regarding 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 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. Ag--t for Police Services Page 2 of 5 10. 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's police department. 11. 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 Chief of Police. 12. 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 Chief of Police as to the nature of the absence and the expected duration_ 13. 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 City of Elgin Chief of Police,with adjustments in payment by ECC accordingly. 14. 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. 15. 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. 16. Payment. The first year of this contract will include payment by ECC for services provided under this agreement totaling$277,877.94,which includes all costs(personnel,benefits, equipment). The total contract amount shall not exceed $277,877.94. Payments shall be in installments of$23,156.50 a month and shall 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 as may be applicable pursuant to any collective bargaining agreement.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 construed to provide ECC with any rights thereto,with any and all such ownership and rights remaining with the City. 17. 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: Agreement for Police Services Page 3 of 5 City of Elgin: ECC: Lisa Womack,Chief Don Bauman,Chief Elgin Police Department Elgin Community College 151 Douglas Street 1700 Spartan Drive Elgin,IL 60120 Elgin,IL 60123 18. 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.Both ECC and the City will retain an original signed agreement. 19. Amendment. This Agreement may be modified or amended but only through a written amendment executed by both parties hereto. This agreement will be reviewed on an annual basis. 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 that 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. 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 or ECC 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 or ECC 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 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. 25. Reopening and early termination. Should ECC change its hours of operation at its main campus or Fountain Square Campus,the parties agree that the hours of service and compensation Agreement for Police Services Page 4 of 5 provisions herein maybe reopened to negotiate those issues,including the location of assignment of the officers assigned under this Contract to ECC by the City for police services.In addition,the city agrees to notify ECC by April I"of each year for the Contract years 2006-2007,2007-2008 and 2008-2009,as to the cost for police services for the next annual Contract year.ECC will notify the city in writing within thirty days of the receipt of such cost data if it is not able to fund the required amount for the next Contract year commencing July 1.If such written notice is given,then this Contract will terminate as of June 30s'of the then existing Contract year. IN WITNESS WHEREOF,the parties hereto have executed this agreement at Elgin,Illinois,on the date first written above. ELGIN COMMUNITY COLLEGE DISTRICT No.509,COUNTIES OF KANE,COOK,DUPAGE,MCHENRY,and DEKALB, STATE OF ILLINOIS By Presi t: Attest: 7J CITY OF ELGIN By: Mayor: Attest: Revised: May 22,2006 Agreement for Police Services Page 5 d5