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HomeMy WebLinkAbout11-77 E � Resolution No. 11-77 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 Sean R. Stegall, 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 police liaison officers for the 2011-2012 school year,a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 27, 2011 Adopted: April 27, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk • • i AGREEMENT BETWEEN THE CITY OF ELGIN AND SCHOOL DISTRICT U-46 PROVIDING FOR A POLICE LIAISON OFFICER This Agreement is entered into this q day of Ark , 2011, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City of Elgin") and the Board of Education of School District U-46, a unit school district organized under the statutes of the State of Illinois (hereafter referred to as "District"). WHEREAS, the District desires to have, on a contract basis, Police Liaison Officers ("PLOs") detailed to the District's Schools; and WHEREAS, the City of Elgin is willing to provide such PLOs in exchange for the payment outlined in this Agreement; and WHEREAS, both the 1970 Illinois Constitution, (Article VII, Section 10) and the Intergovernmental 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 Intergovernmental Agreements for said PLOs and that all previous said Intergovernmental Agreements are terminated 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: • School Liaison Contract with U-46 for 2011-2012 School Year Page 2 SECTION 1. INCORPORATION OF RECITALS The foregoing recitals are incorporated into and made a part of this Agreement as if fully set forth herein. SECTION 2. TERM This Agreement shall be effective beginning August 1, 2011, and shall terminate on July 31, 2012. 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 development. By establishing a working relationship with school personnel, a cooperative effort to prevent juvenile delinquency is formed. Having law enforcement officers on campus will promote positive attitudes regarding the role of law enforcement in society, and inform students of their rights and responsibilities as lawful citizens. SECTION 4. OBLIGATIONS AND RESPONSIBILITIES OF CITY OF ELGIN 4.0 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; 2 School Liaison Contract with U-46 for 2011-2012 School Year Page 3 4. Positive, proactive attitude; excellent interpersonal and problem-solving skills; ability to resolve conflicts; 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. 4.1 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 his or her assigned school's Principal or Principals. However, the PLO will remain an employee of the City of Elgin and may be required at times to attend training session during the duty day, all personnel rules applicable to the City of Elgin'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 of Elgin shall be fully responsible for all employee-related obligations. 4.2 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 School Liaison Contract with U-46 for 2011-2012 School Year Page 4 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, including any applicable Reciprocal Reporting Agreement; 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 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; 4 '. School Liaison Contract with U-46 for 2011-2012 School Year Page 5 14. Assist school officials in the enforcement of truancy laws; 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 criminal/incident overtime reports and submit copies of the reports to the District's Safety and Security Department. 24. Provide a setting in which students can confidentially report criminal activity, past or planned. 5 School Liaison Contract with U-46 for 2011-2012 School Year Page 6 4.3 District and City of Elgin to Agree on Modifications to Duties and Responsbilities. District retains the right to add, delete, and update essential job duties and responsibilities as necessary, subject to approval of the City of Elgin. 4.4 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. 4.5 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 discretion and control of the Chief of Police of the City of Elgin. SECTION 5. OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES FOR PLO COMPENSATION 5.1 District shall reimburse the City of Elgin for all costs, including all salary and benefits, for the PLO's assigned to schools as designated in Section 5 of this agreement. Upon the selection of each PLO, the City of Elgin shall prepare and forward to the District a statement substantially in the form attached hereto and incorporated herein as Exhibit"A" 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's working overtime hours for ongoing or emergency services or for services which have been approved by the applicable school principal or his/her designee. An hourly overtime rate shall be listed in Exhibit"A". 6 • � 1 School Liaison Contract with U-46 for 2011-2012 School Year Page 7 All overtime hours which do not result from the performance of ongoing or emergency services must first be approved by the school principal or his/her designee. The District will not pay unapproved overtime hours which do not result from the performance of ongoing or emergency services. Oral requests for overtime services made less than 24 hours before the commencement of the overtime shall constitute District approval 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 overtime work. All PLO's shall submit overtime reports on a weekly basis to the applicable principals for approval on the District's designated form for accounting purposes in addition to the City of Elgin's overtime slips. 5.2 City of Elgin shall pay PLO's salary, benefits and costs, and shall invoice District in ten monthly increments for reimbursement as provided for herein SECTION 6. ACCOMODATIONS The District will provide office space, telephone, and such other accommodations as may be reasonably necessary to perform the services provided for herein. SECTION 7. STAFFING The City of Elgin will assign police PLOs to serve as a PLO for the school calendar year (177 Days), of which the PLO shall work eight (8) hours per day except as otherwise provided for herein.The 177 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, and_the day before school starts. The City of Elgin shall assign one high school PLO each at the following schools: 7 School Liaison Contract with U-46 for 2011-2012 School Year Page 8 Elgin High, Larkin High, and Gifford Street/Central Schools Program and Middle School PLO's at: Abbott; Ellis; Kimball; and Larsen Middle Schools. SECTION 8. 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 employee as determined by the Chief of Police at no additional cost to the District. The replacement PLO shall 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 9. 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 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 students, employees or others at the School or District, as determined by the District in its sole reasonable discretion, the District may immediately suspend this Agreement until such condition has been remedied to the District's satisfaction. SECTION 10. INDEMNIFICATION 10.1 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 8 ' I School Liaison Contract with U-46 for 2011-2012 School Year Page 9 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. 10.2 The City of Elgin shall and does hereby indemnify and hold harmless the District, its employees, volunteers and agents against any claims, demands, loss, costs and expenses, including reasonable 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 provided 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. 10.3 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 and/or City of Elgin and/or any of their respective officials, officers, employees, volunteers and or/agents. 10.4 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 Governmental Employees Tort Immunity Act, 75 ILCS § 10/1-101 et seq. 9 • School Liaison Contract with U-46 for 2011-2012 School Year Page 10 SECTION 11. 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 Records Act, 105 ILCS 10/1 et seq., and all corresponding regulations. All records maintained in connection with the police department shall be the sole property 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 applicable, governing the release of these records. SECTION 12. GENERAL PROVISIONS 12.0 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. 12.1 Severability If any provision of this Agreement shall be held or deemed to be, or shall in fact be inoperative 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 10 ,• School Liaison Contract with U-46 for 2011-2012 School Year Page 11 contained in the Agreement shall not affect the remaining portions of the Agreement or any part thereof. 12.2 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 correlative 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. 12.3 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. 12.4 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. 12.5 Merger Clause, Amendment This Agreement sets forth all of the entire understanding of the parties relative to the subject hereof and supersedes any and all prior agreements, express or implied, oral or written. 11 School Liaison Contract with U-46 for 2011-2012 School Year Page 12 No amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 12.6 Counterparts This Agreement may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same instrument. 12.7 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. 12.8 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. 12.9 Disclaimer of Relationship Nothing contained in this Agreement, nor any act of the City of Elgin or the District, respectively, shall be deemed or construed by any of the parties hereto or by third persons, to create 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 respectively. 12.10 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, 12 School Liaison Contract with U-46 for 2011-2012 School Year Page 13 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 District Safety and Security 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. CITY OF ELGIN SCHOOL DISTRICT U-46 By: i�4 Wt. 2 4 By: City Manager / President Attest: Attest: City Clerk Secretary Dated: , o\\ Dated: l Z • 'Zo i/ 13 School Liaison Contract with U-46 for 2011-2012 School Year Page 14 EXHIBIT"A" COST WORKSHEET City of Elgin 2011-2012 Salary and Benefits Cost Worksheet Police Patrol Officer/SLO Number of Annual Cost Percentage Payments Salary(1/1/2010) $81,360.00 Life Insurance 7.35 12 $88.20 Medical Insurance $1,683 12 $17,563.20 Liability Insurance 2.032% $1,653.24 Medicare 1.450% $1,179.72 Pension 21.66% $12,098.23 Unemployment $45.00 Workman's Compensation 2.970% $2,416.39 Holiday Pay 12 $3,755.08 Sick Incentive $240.00 Longevity Pay (1/1/2010) $1,550.00 Uniform allowance $800.00 Centre Membership $319.00 Per Officer $123,068.06 Total Annual Cost Per PLO 7 $861,476.42 (260 days= $473.34 per day) $473.34 X 177 Daily Cost for 177 U-46 school days days $83,781.18 Cost per officer f!@ 75% $62,835.89 Number of officers 7 7 U-46 Officer staffing cost August 1, 2011 -June 30 2012 for 7 officers $439,851.23 City's remaining cost for the officers $421,625.19 Invoices to the District: 10 at $43,985.12 Overtime hourly rate for SLO $61.00 Special Duty hourly rate for events (Athletic, Dances, etc ) $65.00 14 �II ► REPORT TO MAYOR & MEMBERS OF CITY COUNCIL E LG I N THE CITY IN THE SUBURBS AGENDA ITEM: J MEETING DATE: April 13, 2011 ITEM: Approve renewal of the Agreement with School District U-46 for the continuation of the Police Liaison Program ($439,851 plus additional overtime earnings relating to school functions) OBJECTIVE: To provide a police presence within schools to promote student and staff safety and security RECOMMENDATION: Approve an agreement with School District U-46 for officer salary reimbursement relating to officers assigned to the police liaison program BACKGROUND The city and School District U-46 implemented a school liaison program in 1987. Through this program, now referred to as the Police Liaison Program, seven Elgin police officers are assigned full-time to the three high schools and four middle schools. This concept is in keeping with a nationwide trend to have a police presence within schools to promote student and staff safety and security. An officer's presence in a school also fosters strong partnerships between the de- partment and school staff, as well as positive relationships with students. As part of their du- ties, liaison officers respond to any calls for service that occur in their assigned schools and of- ten assist troubled youth and their families through counseling or social service referrals. Their presence in schools is a valuable asset not only to Elgin's youth population and those who serve them, but to the entire community. OPERATIONAL ANALYSIS The proposed agreement with School District U-46 enables the department to continue an ex- isting community partnership that has a proven history of youth conflict identification, re- sponse and resolution, thwarting gang recruitment efforts, and ultimately deterring violent and criminal incidents that occur in, and around, Elgin's schools. This proposed agreement also re- duces demands placed upon Elgin's patrol officers by keeping them in their assigned areas and they are not dispatched to incidents at a school that can be addressed by the assigned liaison r • • Originators: Cecil Smith, Deputy Chief of Police Jeffrey Swoboda, Chief of Police Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Approved: Z(// Se n R. Stegall, City Mana r ATTACHMENTS A: U-46 Agreement Regarding Police Liaison Officer Program r r 3 School Liaison Contract with U-46 for 2011-2012 School Year Page 2 rek SECTION 1. INCORPORATION OF RECITALS The foregoing recitals are incorporated into and made a part of this Agreement as if fully set forth herein. SECTION 2. TERM This Agreement shall be effective beginning August 1, 2011, and shall terminate on July 31,2012. 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 development. By establishing a working relationship with school personnel, a cooperative effort to prevent juvenile delinquency is formed. Having law enforcement officers on campus will promote positive attitudes regarding the role of law enforcement in society, and inform students of their rights and responsibilities as lawful citizens. SECTION 4. OBLIGATIONS AND RESPONSIBILITIES OF CITY OF ELGIN 4.0 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; 2 • School Liaison Contract with U-46 for 2011-2012 School Year Page 4 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, including any applicable Reciprocal Reporting Agreement; 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 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; r 4 1 1 • School Liaison Contract with U-46 for 2011-2012 School Year Page 6 4.3 District and City of Elgin to Agree on Modifications to Duties and Responsbilities. District retains the right to add, delete, and update essential job duties and responsibilities as necessary, subject to approval of the City of Elgin. 4.4 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. 4.5 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 discretion and control of the Chief of Police of the City of Elgin. SECTION 5. OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES FOR PLO COMPENSATION 5.1 District shall reimburse the City of Elgin for all costs, including all salary and benefits, for the PLO's assigned to schools as designated in Section 5 of this agreement. Upon the selection of each PLO, the City of Elgin shall prepare and forward to the District a statement substantially in the form attached hereto and incorporated herein as Exhibit "A" 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's working overtime hours for ongoing or emergency services or for services which have been approved by the applicable school principal or his/her designee. An hourly overtime rate shall be listed in Exhibit"A". 6 • . School Liaison Contract with U-46 for 2011-2012 School Year Page 8 rik Elgin High, Larkin High, and Gifford Street/Central Schools Program and Middle School PLO's at: Abbott; Ellis; Kimball; and Larsen Middle Schools. SECTION 8. 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 employee as determined by the Chief of Police at no additional cost to the District. The replacement PLO shall 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 9. 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 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 students, employees or others at the School or District, as determined by the District in its sole reasonable discretion, the District may immediately suspend this Agreement until such condition has been remedied to the District's satisfaction. SECTION 10. INDEMNIFICATION 10.1 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 8 Y r School Liaison Contract with U-46 for 2011-2012 School Year Page 10 SECTION 11. 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 Records Act, 105 ILCS 10/1 et seq., and all corresponding regulations. All records maintained in connection with the police department shall be the sole property 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 applicable, governing the release of these records. r SECTION 12. GENERAL PROVISIONS 12.0 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. 12.1 Severability If any provision of this Agreement shall be held or deemed to be, or shall in fact be inoperative 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 r 10 410 School Liaison Contract with U-46 for 2011-2012 School Year Page 12 ribk No amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 12.6 Counterparts This Agreement may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same instrument. 12.7 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. 12.8 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. 12.9 Disclaimer of Relationship Nothing contained in this Agreement, nor any act of the City of Elgin or the District, respectively, shall be deemed or construed by any of the parties hereto or by third persons, to create 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 respectively. 12.10 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, 12 a . • 6School Liaison Contract with U-46 for 2011-2012 School Year Page 14 rah' EXHIBIT"A" COST WORKSHEET City of Elgin 2011-2012 Salary and Benefits Cost Worksheet Police Patrol Officer/SLO Number of Annual Cost Percentage Payments Salary(1/1/2010) $81,360.00 Life Insurance 7.35 12 $88.20 Medical Insurance $1,683 12 $17,563.20 Liability Insurance 2.032% $1,653.24 Medicare 1.450% $1,179.72 Pension 21.66% $12,098.23 Unemployment $45.00 Workman's Compensation 2.970% $2,416.39 Holiday Pay 12 $3,755.08 Sick Incentive $240.00 Longevity Pay (1/1/2010) $1,550.00 Uniform allowance $800.00 Centre Membership $319.00 r Per Officer $123,068.06 Total Annual Cost Per PLO 7 $861,476.42 (260 days= $473.34 per day) $473.34 X 177 Daily Cost for 177 U-46 school days days $83,781.18 Cost per officer @ 75% $62,835.89 Number of officers 7 7 U-46 Officer staffing cost August 1, 2011 -June 30 2012 for 7 officers $439,851.23 City's remaining cost for the officers $421,625.19 Invoices to the District: 10 at $43,985.12 Overtime hourly rate for SLO $61.00 Special Duty hourly rate for events (Athletic, Dances, etc ) $65.00 14 I - • ELGIN THE CITY IN THE SUBURBS Date: April 29, 2011 To: Cecil Smith, Deputy Police Chief From: Jennifer Quinton, Acting City Clerk Subject: Resolution No. 11-77, Adopted at the April 27, 2011, Council Meeting Enclosed you will find the agreement listed below. Please have these agreements signed and executed by School District U-46 and return one fully executed copy to the City Clerk's office for the City's records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Agreement with School District U-46 Providing for Police Liaison Officers