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HomeMy WebLinkAbout12-114 Resolution No. 12-114 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SCHOOL DISTRICT U-46 PROVIDING FOR SCHOOL RESOURCE OFFICERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Sean R.Stegall,City Manager,and Kimberly A.Dewis,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 school resource officers for the 2012-2013 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: June 27, 2012 Adopted: June 27, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk SPORT - Q � 4.YOP 64 M EMBERS OP' CITY OUN`I E LG I N THE CITY IN THE SUBURBS AGENDA ITEM: L MEETING DATE: June 13, 2012 ITEM: Renewal of Agreement with School District U-46 for the Continuation of the School Resource Officers ($440,132 plus additional overtime earnings relating to school functions) OBJECTIVE: 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 as- signed 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 department and school staff, as well as positive relationships with students. As part of their duties, liaison officers respond to any calls for service that occur in their assigned schools and often 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 officer. During the school district's summer recess, liaison officers return to the department for duty reassignment. 1 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 Richard G. Kozal, Assistant City Manager Sean R. Stegall, City Manager ATTACHMENTS A. U-46 Agreement Regarding Police Liaison Officer Program r 3 AGREEMENT BETWEEN THE CITY OF ELGIN AND SCHOOL DISTRICT U-46 PROVIDING FOR A SCHOOL RESOURCE OFFICER THIS AGREEMENT is entered into this 27th day of June , 2012, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City") and the Board of Education of School District U-46, a unit school district organized under the statutes of the State of Illinois (hereinafter referred to as the "District"). WHEREAS, the District desires to have, on a contract basis, School Resource Officers ("SROs") detailed to the District's Schools. WHEREAS, the City of Elgin is willing to provide such SROs 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 SROs 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 SROs. 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. SECTION 2. TERM The services under this Agreement shall commence on August 1, 2012 and continue in full force and effect until July 31, 2013. SECTION 3. PURPOSE The purpose of the School Resource 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 THROUGH ITS POLICE DEPARTMENT 4.0 Provide Police SROs to the District for Interview If and when the position of SRO is vacant, the City's Police Department will provide to the District qualified candidates to interview. The school, District and Police Department shall build a collective consensus for the final selection. The Police Department candidates shall have the following qualifications: a. Special interest and understanding of juveniles, Juvenile Law, constitutional protections, and their problems and concerns; b. Strong, effective leadership abilities; c. A positive, proactive attitude; excellent interpersonal and problem-solving skills; the ability to resolve conflicts; and excellent verbal and written communication abilities; d. Self-motivated; ability to work with minimal supervision; - 2 - e. Ability to interact effectively and productively with Police Department, courts, school staff, students and parents; f. Experience in and knowledge of drug and gang awareness; g. Non-probationary police employee; h. 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 SRO. The SRO shall report to the school's principal or principals. However, the SRO will remain an employee of the City and all rules and regulations of the City's Police Department and the City shall continue to apply to the SRO, and the SRO will at all times abide by all personnel rules and regulations of the City's Police Department and the City. Moreover, the City shall be fully responsible for all employee-related obligations. 4.2 Duties and Responsibilities of SRO The duties and responsibilities of the SRO assigned to the District shall include, but not be limited to, the following: 1. Enforce all laws, municipal ordinances, and applicable district policies and procedures; 2. Provide information and give presentations to students, staff and parents; 3. 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; 4. Be proactive regarding patterns of delinquency, street gang membership and activity and problem areas around the school; 5. Assist the school personnel and administration with aggressive students, crowd and vehicle control; 6. Meet with the school personnel and deans in an attempt to identify individuals or conditions that could result in delinquent behavior, formulate plans and identify solutions; 7. Maintain and report to the District a record of criminal and arrest activities. - 3 - • 4.3 District and City of Elgin to Agree on Modifications to Duties and Responsibilities 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 SROs 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 SRO COMPENSATION 5.1 District shall reimburse the City for all costs, including but not limited to, all salary and benefits for the officers assigned to schools designated in Section 5 of this agreement. Upon selection of each officer, the City shall prepare and forward to the District a statement substantially in the form attached hereto and made a part hereof as Exhibit A, setting forth the total costs of the SRO as a non-probationary City police officer. 5.2 Overtime costs District shall also pay any and all overtime costs incurred by the City whenever a principal or District administrator request the SRO to remain on duty past the normal working hours in order to conduct investigations or to assist with school-sponsored events or actitivites. The City shall not be liable for any suits, claims for damages, or any and all other liability of - 4 - whatsoever nature arising out of or in connection with such investigations or school-sponsored events and activities An hourly overtime rate shall be included in Exhibit A. All overtime hours shall require approval by the applicable school's principal or designee prior to payment. Oral requests for overtime services made less than twenty-four hours before the commencement of such overtime services shall constitute District approval of such overtime hours. All other requests for overtime shall be in writing and delivered to the SRO not less than twenty-four hours in advance of the commencement of the contemplated work. 5.3 Overtime Reports All SROs will submit overtime reports on a weekly basis to the respective principals for approval on the District's designated form for accounting purposes. The SRO will also complete a Police Department's overtime form and submit same for his/her supervisor's for approval. 5.4 The City shall pay the SRO's salary, benefits and costs as agreed upon and shall invoice District in 10 monthly increments for District financial obligations as set forth above. 5.5 The Police Department will bill the District on a monthly basis for all overtime costs. SECTION 6. ACCOMODATIONS The District will provide office space, telephone, and other commodities necessary to accomplish the objectives set forth above. SECTION 7. STAFFING The City shall assign police SROs to serve as a SRO for the school calendar year (177 Days), of which the SRO shall work eight (8) hours per day. 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. - 5 - The City shall assign SRO's to the following schools: Abbott Middle School Ellis Middle School Kimball Middle School Larsen Middle School Elgin High School Larkin High School Gifford Street High School/Central School Programs. SECTION 8. ABSENCE OF EMPLOYEES In the event of the unavailability of any SRO due to sickness, injury, use of benefit time, or any other reason, such SRO shall be temporarily replaced by another City police employee as determined by the Chief of Police at no additional cost to the District. The SRO may be required to attend training sessions during a duty day. Said training days will be scheduled on School Improvement Plan (SIP) days, institution days and school holidays when possible. The replacement SRO must be trained for juvenile work. In any such instance, the City shall provide prompt notice to the applicable school as to the nature of the absence, the expected duration, and the identity of the replacement SRO. 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 - 6 - 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 the activities contemplated hereunder, provided that said claims, demands, costs and expenses have not been caused by the negligence or willful misconduct of the SROs, 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 SROs, 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 District and/or City of Elgin and/or any of their respective officials, officers, employees, volunteers and or/agents. - 7 - 10.4 Notwithstanding any provisions 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 statutory and/or common law defenses 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. 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. - 8 - 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 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. - 9 - 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. 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 - 10 - 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, 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 And District Safety and Security School District U-46 355 East Chicago Street Elgin, IL 60120 If to City of Elgin: Chief of Police City of Elgin 150 Dexter Court 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. SIGNATURE PAGE FOLLOWS - 11 - CITY OF ELGIN SCHOOL DISTRICT U-46 BY: �g."ler, BY: ��..:- I AY,/ ity Manager Pres'ent Att t: Attest: l AttbtaL ,L\ Al.! , t-- City Cly J -c etary Dated: June 27, 2012 Dated: -1 /�/ k 2Q« J % F:\Legal Dept\Agreement\U-46 School Officer Agreement 2012-13.docx - 12 - EXHIBIT A: COST WORKSHEET 2012-13 School Year City of Elgin Cost Worksheet Annual Number of payments Cost Police Officer's annual salary as provided by City of Elgin $ 62,876.00 Number of school officers provided 7 X7 Total cost of 7 officers for 7 schools $440,132.00 For billing purposes (Sept through June) 10 invoices $ 44,013.20 Remaining Cost to City of Elgin $234,000.00 Overtime hourly Rate for SRO for budgeting $ 67.00 IN WITNESS WHEREOF, the Parties have entered into this Addendum as of the date set forth below. City of Elgin School Distr' U-46 By: BY: S an R. Stegall Name: Name: 541• 7--/7 Title: City Manager Title: 1 'afcJ be ictleAr Date: June 27, 2012 Date: J,// )C, &. 12-- - i- 13 -