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HomeMy WebLinkAbout08-251 Resolution No. 08-251 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE LARKIN CENTER, INC. FOR A SCHOOL LIAISON OFFICER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with The Larkin Center,Inc. for a school liaison officer, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: October 22, 2008 Adopted: October 22, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk , •. V AGREEMENT THIS AGREEMENT made and entered into this eighth day of October, 2008, 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 The Larkin Center, Inc., a social service agency organized under the statutes of the State of Illinois and located in the City of Elgin, (hereinafter referred to as "Larkin"); WITNESSETH WHEREAS, City and Larkin have each determined interests that it is in their best interests to provide police liaison services at its facilities, which are located within the City of Elgin at 515 Sports Way (hereinafter referred to as "School" or "the school");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 Larkin are actions that 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 mutually acknowledged, the parties agree as follows: 1. Term of Agreement. This agreement shall become effective on January 1, 2008, and terminate on December 31, 2008. 2. Description of Services. Beginning January 1, 2008, and continuing through the term of this agreement, the City, through its police department shall provide one (1) uniformed, sworn school liaison officer (hereinafter referred to as "Officer" "the officer"or"SLO")to the Larkin Center for use at the school. a. This Agreement is made pursuant to City's School Liaison Officer program. Generally this program involves the assignment of a City of Elgin police officer to schools. The salary and benefits of the assigned officer shall be provided solely by City. The officer shall remain an employee of the City of Elgin. The officer shall cooperate with and be under the general direction of Larkin staff, and shall establish and operate such programs and activities as may be consistent with the intent of Larkin Center. b. As a member of the police department, the officer shall conduct all phases of investigations of all criminal and quasi-criminal acts which may occur during the school day. Larkin shall cooperate with any such investigations and subsequent proceeding related thereto to full extent of the law; Larkin's policies, rules and regulations; and, contractual obligations to regulations promulgated by State and Federal agencies that Larkin services. c. During extended school breaks, and during the summer term, the officer shall be assigned in the City's police department as operationally necessary and directed by the Chief of Police. d. The duties of officer may include but are not limited to the following: i. Promote rapport between police officer and students in the school. ii. Appropriately intervene, pursuant to established protocols, where the safety of either staff or students is in jeopardy. iii. Promote a working relationship with school staff. iv. Promote working relationships with other police liaisons within the U-46 School District. v. Meet periodically with administration to discuss and evaluate police counselor activities. vi. Make presentations to students, parents, and staff members on law and law enforcement, safety and good citizenship. vii. Refer troubled students to proper professional help within the school and police department. viii. Participate in the planning and implementation of all relevant Larkin programs. ix. Deal fairly and effectively with juvenile offenders. x. Assist school officials in the enforcement of truancy laws and work with truancy detail. xi. Assist Larkin, as may be appropriate, including, but not limited to providing truthful testimony, in any matters related to City's performance of this agreement with the circuit court. xii. Work beyond regular scheduled hours when required to successfully complete an assignment or case. 3. Staffing. The program shall consist of the City assigning one officer to the school, to act as the SLO. The SLO shall begin his or her duties on the first effective day of this agreement and continue each day that school is in session in the fall, spring and winter terms, until the termination date of this agreement. 4. Salaries and Other Related Costs. Larkin shall reimburse the City for the officer's salary and benefits in the amount of$70,000 (personnel, and benefits costs) for the officer's services during the term of this agreement. The officer will be assigned to the Larkin Center 186 school days during the duration of this agreement. Larkin shall pay for any overtime expenses necessitated by Larkin scheduling requirements and in conjunction with Officers' duties at the officer's overtime rate as established by the City through contractual agreements. If required by Larkin, such overtime hours shall include,but are not limited to, the officer's attendance at school dances, athletic events, or other school related extra-curricular activities scheduled by Larkin. City shall calculate overtime costs as approved by Larkin and submitted by the officers, and then bill Larkin for any overtime costs incurred. Billing shall occur at the end of each semester period. Additionally, Larkin shall provide the officer with office space, telephone and other related commodities as previously contributed, plus personal vehicle expenses incurred for school business at the current rate established by the City of Elgin. 5. Hours of Work. The days and hours of work are typically Monday thru Friday 8am until 4pm. 6. Assignment of Employees. All police department employees assigned to the school shall be at the joint determination and discretion of the City, the Chief of Police and Larkin. 7. Status of Employees. All City employees assigned to providing police services for Larkin shall remain City of Elgin employees and shall not have any right, status or benefit of Larkin employment. 8. Payment of Employees. Larkin shall not be liable for the direct payment of salaries, wages or other compensation to City of Elgin employees except as otherwise specifically provided herein. City will be responsible for all payroll tax withholding and reporting for the officer. 9. Relationship of Parties. It is understood by the parties hereto that City and its employees are independent contractors with respect to Larkin, and no City employee assigned to Larkin is an employee of Larkin. Larkin 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 employee. This agreement shall not be construed to create a partnership, joint venture, employment or agency relationship, and shall not create any additional duties, either special or otherwise, on City or Larkin. 10. 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. 11. Performance of Service. The officer shall perform general law enforcement duties and such other duties as assigned by the Chief of Police, consistent with the provisions of this agreement and on the grounds of an institution of education. City shall determine and apply standards for performance and discipline used in the delivery of the contract police services. It is agreed and understood that the services the City will provide pursuant to this agreement are general law enforcement services only and that no special duty shall 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 and/or its employees 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 and/or its employees 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 and/or its employees as a result of this agreement or any actions of the parties pursuant to this agreement shall not be liable to Larkin 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. All records of reports generated by the officer shall remain property of the City of Elgin and maintained in the records section of the Elgin Police Department. 12. Accountability of Employees. The officer shall at all times be under the ultimate direction and control of the Chief of Police of the City. 13. Interruptions in Service. The parties hereto acknowledge and understand that temporary regular or special deployment of the officer 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 school and monitor the safety of the school during the officer's absence. 14. Absence of Employees. In the event of the unavailability of the officer due to sickness,injury, use of benefit time, or any other reason, the officer shall be temporarily replaced by another City police officer as determined by the Chief of Police at no additional cost to Larkin. In any such instance, the City shall provide prompt notice to the school as to the nature of the absence, the expected duration, and the identity of the replacement officer. 15. Work Slowdown. In the event the City experiences any work slowdown or stoppage in its police force, the level of service provided to Larkin under this agreement shall be at the discretion of the Chief of Police with adjustments in payment by Larkin accordingly. 16. Additional Services. Any and all necessary backup services, including equipment and personnel, required to assist the officer in the performance of the obligations under this agreement shall be at the sole discretion and control of the Chief of Police. 17. 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. Larkin shall be liable for payment to the City for actual costs incurred through the proposed termination date. In such event, neither party shall be liable for any additional damages, either direct or indirect. 18. Payment. Payment by Larkin for services provided under this agreement shall be plus any overtime as provided for herein, which includes all costs (personnel, benefits, equipment). Invoices shall be generated in monthly installments through the terms of this agreement. Larkin shall make payments within fifteen days of receipt of billing from the City. 19. 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: Lisa Womack Elgin Police Department 150 Dexter Ct. Elgin, IL 60120 The Larkin Center, Inc.: Michele Potter The Larkin Center 1212 Larkin Avenue Elgin, IL 60123 20. 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. 21. Amendment. This agreement may be modified or amended only through a written amendment executed by both parties hereto. This agreement will be reviewed on an annual basis. 22. Severability. If any provision of this agreement shall be held to be void, invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect. 23. 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. 24. 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. 25. Annual Review. The terms and conditions of this agreement shall be reviewed on an annual basis. IN WITNESS WHEREOF, the parties hereto have executed this agreement at Elgin, Illinois, on the date first written above. THE LARKIN CENTER CITY OF ELGIN B - B �� Mayor Attest: City Clerk ,ffla October 2, 2008 r ! I .1 TO: Mayor and Members of the City Council _- FROM: Olufemi Folarin, City Manager Robert M. Beeter, Deputy Chief of Police SUBJECT: Larkin Center School Liaison Officer- Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information regarding a proposed School Liaison Officer Agreement with the Larkin Center, 515 Sports Way, Elgin, Illinois. RECOMMENDATION It is recommended that the City Council renew a contract with the Larkin Center to provide police services in the form of a School Liaison Officer in the amount of$70,000. BACKGROUND The Larkin Center initially entered into an agreement with the Elgin Police Department in January, 2005, for the Services of a School Liaison Officer. Since that time, the parties have enjoyed a cooperative and productive relationship. The school liaison program has provided a significant increase in safety in the school as well as providing a mentor/positive adult role model in the form of a professional police officer. The officer will continue to work with and monitor students at the Larkin Center, some of whom suffer from considerable behavioral disorders. During the summer months when the Larkin Center is not in session, the officer will report back to the Police Department for assignment. The school anticipates enrollment of 80 students during the 2008-2009 school year. Students range in age from nine through 21. The average length of stay is 18 months with all students receiving therapeutic services. The school liaison position is utilized in a patrol related function on average 5 times a day. Most of these police related functions do not result in arrest due to the rapid response of a police presence. This rapid response has led to a decrease in violent acts towards staff that would normally have to maintain an emotionally disturbed student until a police officer arrives. In addition, a rapport is cemented between the police and the students as a result of day to day contact, which would not be possible with a rotating police presence associated with patrol. Larkin Center School Liaison Officer October 2, 2008 Page 2 Currently, the school liaison officer arrests on average 3 students a month since the start of the school liaison position in January, 2005. The Liaison officer will assist the Juvenile Division with the top 10% of the Larkin Center's runaways in addition to the officer's regular duties as a school liaison officer. It is proposed that the officer will be assigned to the Larkin Center for 186 days. The Larkin Center will reimburse the City of Elgin $70,000 towards the officers' salary and benefits. GROUPS/INTERESTED PERSONS CONTACTED The Larkin Center FINANCIAL IMPACT The annual cost of a police officer, including salary and benefits, is approximately $108,600. Larkin Center will utilize the services of an officer during the school year (189 days) which represents 72.7% or $78,940. The agreement with Larkin Center will reimburse the City$70,000 toward the cost of an officer plus any additional overtime costs. There are sufficient funds budgeted ($4,542,770.00) and available ($1,576,514.45) in the General Fund, Police Department budget number 10-2304-731.01-01, Personnel, for this expense. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to enter into a School Liaison Officer Agreement with the Larkin Center. 2. The City Council may choose not to enter into a School Liaison Officer Agreement and respond to calls for service at the Larkin Center as requested. Respectfully submitted for Council consideration. rmb Attachment