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HomeMy WebLinkAbout08-78 Resolution No. 08-78 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SCHOOL DISTRICT U-46 PROVIDING FOR POLICE LIAISON OFFICERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin, City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with School District U-46 providing for a police liaison officers for the 2007-2008 school year, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: March 26, 2008 Adopted: March 26, 2008 Omnibus Vote: Yeas: 4 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk AGREEMENT BETWEEN THE CITY OF ELGIN AND SCHOOL DISTRICT U-46 PROVIDING FOR A POLICE LIAISON OFFICER This Agreement is entered into this o 'kday of çflrc , 2008, by and between the City of Elgin and the Board of Education of School District U-46 (the "District"). WHEREAS, the District desires to have, on a contract basis, Police Liaison Officers ("PLOs") detailed to the District's Schools. WHEREAS, the City of Elgin is willing to provide such PLOs in exchange for the pay- ment outlined in this Agreement; and WHEREAS, both the 1970 Illinois Constitution, (Article VII, Section 10) and the Inter- governmental Cooperation Act, 5 ILCS 220/1 et seq., authorize and encourage intergovernmental cooperation; and WHEREAS, both the City of Elgin and the District are interested in promoting the safety and security of the staff, students and school premises in the District; and WHEREAS, the City of Elgin and the District have entered into similar Intergovernmen- tal Agreements for said PLOs and that all previous said Intergovernmental Agreements are ter- minated and that the terms and conditions of this Intergovernmental Agreement will be binding between the parties for the services of PLOs. NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions set forth in this Agreement, the parties hereto agree as follows: SECTION 1. INCORPORATION OF RECITALS The foregoing recitals are incorporated into and made a part of this Agreement as if fully set forth herein. 1 SECTION 2. TERM The services under this Agreement shall commence on August 1, 2007 and continue in full force and effect until July 31, 2008. SECTION 3. PURPOSE The purpose of the Police Liaison Officer Program is to facilitate, promote, and help maintain a safe and secure environment on campuses that is conducive to learning and child de- velopment. By establishing a working relationship with school personnel, a cooperative effort to prevent juvenile delinquency is formed. Having law enforcement officers on campus will pro- mote positive attitudes regarding the role of law enforcement in society, and inform students of their rights and responsibilities as lawful citizens. SECTION 2. OBLIGATIONS AND RESPONSIBILITIES OF CITY OF ELGIN THROUGH ITS POLICE DEPARTMENT 2.0 Provide Police PLOs to the District for Interview If and when the position of PLO is vacant, the City of Elgin's Police Department will provide to the District qualified candidates to interview. The District and Police Department shall build a collective consensus for the final selection. The Police Department candidates shall have the following qualifications: 1. Special interest and understanding of juveniles, their problems and concerns; 2. Effective verbal and written communication skills; good report writing skills; 3. Strong leadership abilities; ability to function as a strong role model; 4. Positive, proactive attitude; excellent interpersonal and problem-solving skills; ability to resolve conflicts; 2 5. Self-motivated; ability to work with minimal supervision; ability to work independently or in a team-oriented approach; sound judgment and decision- making skills; 6. Ability to interact effectively and productively with Police Department, courts, school staff, students and parents; 7. Training and experience in public speaking; 8. Experience in and knowledge of Juvenile Law, rules of evidence and constitutional protections; 9. Experience in and knowledge of drug and gang awareness; 10. Non-probationary police employee; 11. Excellent attendance record. 2.1 Organizational Relationships: The Police Department shall assign to the District on a full-time basis the officer chosen to act as the PLO. The PLO shall report to the school's Principal. However, the PLO will re- main an employee of the Police Department and under the supervision and authority of the Po- lice Department's Chief of Police and all personnel rules applicable to the City's police officers shall continue to apply to the PLO, and the PLO will at all times abide by all personnel rules of the Police Department. Moreover, the City shall be fully responsible for all employee-related obligations. 2.2 Duties and Responsibilities of PLO The duties and responsibilities of the PLO assigned to the District shall include, but not be limited to, the following: 3 1. Serve as an educational liaison between the school community and the police department; 2. Enforce all laws, municipal ordinances, and applicable District policies and procedures; 3. Coordinate all matters relevant to student and staff that deal with the City of Elgin's police jurisdiction within District U-46; 4. Assist school personnel when they are interacting with difficult and/or aggressive students, parents or community members; 5. When requested, attend school board meetings or school functions; 6. Provide assistance as a member of the District's Crisis Team; 7. Provide information and give presentations to students, staff and parents; 8. Assist parents of students who have involvement with the juvenile court system; 9. Interact with students through positive role modeling; 10. Refer troubled students to proper professional help; 11. Build a rapport with the court system, students, staff and parents; 12. Appear and testify in court proceedings and school suspension review and expulsion hearings as necessary, unless said appearance and/or testimony would interfere with any pending or reasonably contemplated law enforcement proceedings and/or criminal investigation; 13. Assist, as needed, with the enforcement of school rules; 14. Assist school officials in the enforcement of truancy laws; 4 15. Be cognizant of patterns of delinquency and problem areas, and communicate situations of parental neglect or abusive home environments with home visits, as necessary and appropriate; 16. Provide appropriate assistance in runaway minor incidents; 17. Plan a proactive approach to deal with any gang related problems; 18. Assist in incidents involving persons trespassing and committing criminal acts on school property. Check unauthorized personnel in and around the school; 19. Act as the Police Department's consultant to the school in matters of law enforcement related to juveniles and adults; 20. Assist the administration with crowd and vehicle control during the school day and during special events, and coordinate additional help if needed; 21. Meet regularly with the school counselors and deans in an attempt to identify individuals or conditions that could result in delinquent behavior, formulate plans and offer solutions; 22. Meet periodically with building and District administration to discuss and evaluate Police Liaison activities; 23. Maintain a record of daily activities; and 24. Provide a setting in which students can confidentially report criminal activity, past or planned. 2.2 District and City of Elgin to Agree on Modifications to Duties and Responsbilities 5 District retains the right to add, delete, and update essential job duties and responsibilities as necessary, subject to approval of the City of Elgin. 2.3 Work Slowdown. In the event the City of Elgin experiences any work slowdown or stoppage in its police force, the level of service provided to U-46 under this agreement shall be at the discretion of the Chief of Police with adjustments in payments by U-46 accordingly. 2.4 Additional Services. Any and all necessary backup services, including equipment and personnel, required to assist PLOs in the performance of their obligations under this Agreement shall be at the sole dis- cretion and control of the Chief of Police of the City of Elgin. SECTION 3. OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES FOR PLO COMPENSATION 3.1 District agrees to reimburse the City of Elgin for the cost of 179 days of salary and benefits for each PLO selected. Upon selection, the City of Elgin shall prepare and forward to District a statement in the form attached hereto as Exhibit A, attached to and incorporated in to this Agreement by reference, setting forth the daily rate of compensation. District further agrees to pay, in addition to the daily rate, all overtime costs incurred by the City of Elgin as a result of the PLO working overtime hours at the school either as is necessary to accomplish the objectives set forth above or as a result of specific direction by the District. An hourly overtime rate shall be listed in Exhibit A. All overtime hours must first be approved by the School's Principal or designee. District will not pay unapproved overtime hours. Oral requests for overtime services made less than 24 hours before the commencement of the overtime shall constitute District ap- proval of the overtime hours; all other requests for overtime shall be in writing and delivered to the PLO more than 24 hours in advance of the commencement of the overtime work. 6 3.2 The Police Department will pay the PLO's salary and benefits and shall invoice District monthly for District financial obligations as set forth above. SECTION 4. ACCOMODATIONS The District will provide office space, telephone, and other commodities necessary to ac- complish the objectives set forth above. SECTION 5. STAFFING The City of Elgin will assign police PLOs to serve as a PLO for the school calendar year (179 Days), of which the PLO shall work eight (8) hours per day. The 179 days of assignment includes; 173 of school attendance days according to the current school calendar, two days for registration, beginning of the year open house, the two days before school starts and one day af- ter school ends. The City of Elgin shall assign one PLO to each of the following schools: AB- BOTT MIDDLE SCHOOL, ELLIS MIDDLE SCHOOL, KIMBALL MIDDLE SCHOOL, LARSEN MIDDLE SCHOOL, GIFFORD STREET ALTERNATIVE HIGH SCHOOL, LARKIN HIGH SCHOOL, ELGIN HIGH SCHOOL. SECTION 6. ABSENCE OF EMPLOYEES In the event of the unavailability of any PLO due to sickness, injury, use of benefit time, or any other reason, such PLO shall be temporarily replaced by another City of Elgin police em- ployee as determined by the Chief of Police at no additional cost to U-46. The replacement PLO must be trained for juvenile work. In any such instance, the City of Elgin shall provide prompt notice to the applicable School as to the nature of the absence, the expected duration, and the identity of the replacement PLO. SECTION 7. TERMINATION Either party may terminate this Agreement at any time by providing the other party with at least thirty (30) days prior written notice of such termination. In addition, the parties may 7 terminate this Agreement by mutual consent and agreement. In the event of emergency, safety issue, or any other condition that constitutes a substantial threat to the health or safety of stu- dents, employees or others at the School or District, as determined by the District in its sole rea- sonable discretion, the District may immediately suspend this Agreement until such condition has been remedied to the District's satisfaction. SECTION 8. INDEMNIFICATION 8.1 The District shall and hereby does indemnify and hold harmless the City of Elgin, its Police Department and its employees against any claims, demands, loss, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from or in connection with the activities contemplated hereunder, provided that said claims, demands, costs and expenses have not been caused by the negligence or willful misconduct of the PLOs, the City of Elgin, its Police Department or its employees. 8.2 The shall and does hereby indemnify and hold harmless the District, its employ- ees, volunteers and agents against any claims, demands, loss, costs and expenses, including rea- sonable attorney's fees for the defense thereof, arising from or in connection with the negligence or willful misconduct of the PLOs, the City of Elgin, its Police Department or its employees pro- vided that said claims, demands, costs and expenses have not been caused by the negligence or willful misconduct of the District, its employees, volunteers, and/or agents. 8.3 Notwithstanding any provisions herein to the contrary, this Agreement is entered into solely for the benefit of the contracting parties, and nothing in this Agreement is intended, either expressly or impliedly, to provide any right or benefit of any kind whatsoever to any person and entity who is not a party to this Agreement or to acknowledge, establish or impose any legal duty to any third party. Nothing herein shall be construed as an express and/or implied waiver of any common law and/or statutory immunities and/or privileges of the School District 8 and/or City of Elgin and/or any of their respective officials, officers, employees, volunteers and or/agents. 8.4 Notwithstanding any provision herein to the contrary, the insurance company, self-insurance pool, risk pool provider, self-insured party, or similar entity of the party providing the indemnification shall be allowed to raise, on behalf of the other party, any and all defenses statutory and/or common law to such claim or action which the other party might have raised, including but not limited to any defense contained within the Illinois Governmental and Gov- ernmental Employees Tort Immunity Act, 75 ILCS § 10/1-101 et seq. SECTION 9. STUDENT RECORDS: All records maintained in connection with the school or its students shall be the sole property of the District and shall be maintained at the District in accordance with all applicable State and Federal laws and regulations. The parties further agree to comply with all state and federal laws and regulations governing the release of these records. In addition, City of Elgin and any persons handling records on its behalf shall comply with the Illinois School Student Re- cords Act, 105 ILCS 10/1 et seq., and all corresponding regulations. All records maintained in connection with the police department shall be the sole prop- erty of the police department and shall be maintained at the police department in accordance with all applicable State and Federal laws and regulations. The parties further agree to comply with all state and federal laws and regulations, including a reciprocal reporting agreement if applica- ble, governing the release of these records. SECTION 10. GENERAL PROVISIONS 10.0 Amendment Any terms or conditions of this Agreement may be deleted or altered only by written agreement to this Agreement, duly executed by the City of Elgin and the District. 9 10.1 Severability If any provision of this Agreement shall be held or deemed to be, or shall in fact be inop- erative or unenforceable in any particular case or in all cases for any reason, this shall not render the provision in question inoperative or unenforceable in any other case or circumstances, or render any other provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or sections contained in the Agreement shall not affect the remaining portions of the Agreement or any part thereof. 10.2 Interpretation Any headings of the Agreement are for convenience of reference only and do not define or limit the provisions thereof Words of gender shall be deemed and construed to include cor- relative words of other genders. Words importing the singular shall include the plural and vice versa, unless the context shall otherwise indicate. All references to any such person or entity shall be deemed to include any person or entity succeeding to the rights, duties, and obligations of such person or entity succeeding to the rights, duties, and obligations of such person or entity in accordance with the terms and conditions of the Agreement. 10.3 Assignment/Binding Effect Neither party hereto may assign their respective rights and duties hereunder except upon prior written consent of the other party. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective assigns, legal representatives and successors in interest. 10.4 Waiver of Breach If either party waives a breach of any provision of this Agreement by the other party, that waiver will not operate or be construed as a waiver of any subsequent breach by either party or prevent either party from enforcing such provisions. 10 10.5 Merger Clause, Amendment This Agreement sets forth all of the entire understanding of the parties relative to the sub- ject hereof and supersedes any and all prior agreements, express or implied, oral or written. No amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 10.6 Counterparts This Agreement may be executed in several counterparts each of which shall be an origi- nal and all of which shall constitute but one and the same instrument. 10.7 Compliance with All Laws The City of Elgin and the District shall at all times observe and comply with the laws, ordinances, regulations and codes of Federal, State, County and other local government agencies, which may in any manner affect the performance of this Agreement. 10.8 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois and applicable federal law. Venue for any state action shall be in the Circuit Court for the Sixteenth Judicial District, Kane County and venue for any federal action shall be in the Northern District of Illinois. 10.9 Disclaimer of Relationship Nothing contained in this Agreement, nor any act of the City of Elgin or the District, re- spectively, shall be deemed or construed by any of the parties hereto or by third persons, to cre- ate any relationship of a third-party beneficiary, principal, agent, limited or general partnership, joint venture, or any association or relationship involving the City of Elgin or the District respec- tively. 11 10.10 Notice Any and all notices required to be delivered hereunder shall be deemed delivered when and if personally delivered, or mailed by registered or certified mail, return receipt requested, postage prepaid (or sent by a recognized overnight courier service with instructions and payment for delivery on the next business day) to the parties as set forth below: If to the District: Superintendent School District U-46 355 East Chicago Street Elgin, IL 60120-6543 and Executive Director of Operational Services School District U-46 355 East Chicago Street Elgin, IL 60120-6543 If to City of Elgin: Chief of Police City of Elgin 151 Douglas Ave Elgin, IL 60120 Either party hereto may change the names and address of the designee to whom notice shall be sent by giving written notice of such change to the other party hereto in the same manner as all other notices are required to be delivered hereunder. Notice as provided herein does not waive service of summons or process. 10.11 Effective Date This Agreement shall be deemed dated and become effective on the date the last of the parties signs as set forth below, which date shall be the date stated on the first page of this Agreement. 12 CITY OF ELGIN SCHOOL DIS RICT U-46 By: — - ���,. By: / r� City of :in Man:ger President Attest: Attest: City of Elgin Clerk Secretary Dated: Dated: /117 Ze W 13 EXHIBIT A: COST WORKSHEET City of Elgin Salary & Fringe Benefits Cost Worksheet Annual Rate Cost Salary $72,473.28 Life Insurance $88.20 Medical Insurance $13,914.36 Liability Insurance $1,472.66 Medicare $1,050.86 Pension $4,449.86 Unemployment Insurance $45.00 Workers Comp Insurance $2,079.98 Holiday Pay $3,449.16 Uniform Allowance $1,050.00 Sick Incentive $240.00 Centre Membership $319.00 Total Annual Cost Per PLO $100,632.36 Daily Cost (179 U-46 school attendance days) $2,036.54 Number of school officers Seven (7) Total Salary and Benefits Cost to U-46 $364,540.73 Overtime hourly Rate for PLO for budgeting Per officer $51.84 IN WITNESS WHEREOF, the Parties have entered into this Addendum as of the date set forth below. City of Elgin School istri t U-46 By: By: ...— Name: Name: /4/ kitezpi 5.6' Title: Title: Date: Date: 14 -11 March 7, 2008 1� TO: Mayor and Members of the City Council — I i FROM: Olufemi Folarin, City Manager Robert Duffy, Deputy Chief of Police SUBJECT: School Liaison Contract with U-46 for 2007-08 School Year PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the continuance of the Police (School) Liaison Program between the City of Elgin and School District U-46 for the 2007-2008 school year. RECOMMENDATION It is recommended that the City Council approve an agreement with School District U-46 for a total cost to the City of Elgin of$339,885.79. BACKGROUND The City of Elgin and School District U-46 implemented a School Liaison Program in 1987. Through the School Liaison Program, now referred to as the Police Liaison Program, seven Elgin police officers were assigned to the three high schools and four middle schools. Police officers in the schools have created an improved relationship with the students and faculty to assist in providing a safe environment for all. This concept has become more evident with a nationwide trend to have police in schools. The officers on site provide services ranging from answering calls for service and assisting staff with policing needs to providing assistance to troubled youth and their parents with counseling or referrals. This program continues to be very valuable to the schools, the students, and the Department by providing an active partnership. This partnership has allowed the Department to anticipate problems and react before they get out of hand. It has allowed the school district and the City to combat gang recruiting and reduce the incidents of violence in and around the schools. The officers are returned to the department for reassignment during summer recess. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None Police U-46 Agreement 07-08 March 7, 2008 Page 2 FINANCIAL IMPACT The cost of the seven (7) police officers is approximately $704,426.52. The agreement calls for School District U-46 to reimburse the City 75% of the cost for the seven officers for thel 79 days that school is in session, or approximately 51.75% of the total cost. Therefore, $364,540.73 (plus all over-time costs incurred by police liaison officers), would be reimbursed by the district leaving the remainder, $339,885.79 to be funded by the City. The reimbursement from School District U-46 is deposited in the General Fund, account number 010-2304-509.03-00. There are sufficient funds budgeted ($4,542,770) and available ($3,889,270.43) in the General Fund, Police Dept. budget, account number 010-2304-731.01-01 to fund the City's portion of the agreement. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to not continue the Police (School) Liaison Officer Program. 2. The City Council may direct staff to attempt to negotiate a larger participation with U-46. Respectfully submitted for Council consideration. rd Attachment