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HomeMy WebLinkAbout13-0807 Elgin Housing Authority 13-agAA' AGREEMENT FOR POLICE SERVICES THIS AGREEMENT is hereby made and entered into this '7 -HI day of Au(a U S1 , 2013, by and between the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as the "City") and The Housing Authority of Elgin, Illinois, a public housing agency, (hereinafter referred to as "HAE"). WITNESSETH WHEREAS, Article 7, Section 10 of the Constitution of the State of Illinois, 1970, authorizes units of local government, to enter into contracts to exercise, combine, or transfer any power or function not prohibited to them by law or ordinance; and WHEREAS, Illinois Compiled Statutes, Chapter 5, Section 220/1 et seq., known as the Intergovernmental Cooperation Act, authorizes units of local government in Illinois to exercise jointly with any public agency within the state, including other units of local government, any power, privilege, or authority which may be exercised by a unit of local government and to enter into contracts for the performance of governmental services, activities, and undertakings; and WHEREAS, HAE has requested that the City provide additional overtime police services to patrol HAE sites during weekend evening hours; and WHEREAS, the parties hereto have determined it to be desirable for the City with its professional police department to provide additional police services for HAE at HAE properties; 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 HAE and at HAE properties are actions which relate to the government and affairs of the City. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings set forth herein, and for other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, the parties hereto agree as follows: 1. Description of Services. The City, through its police department, will provide two (2) uniformed sworn officers (hereinafter referred to as "Officers") to patrol within the geographic boundaries of HAE owned properties (hereinafter referred to as "Facilities"). The Officers shall patrol the Facilities at such locations as may be determined by the Officers in their sole discretion however the HAE may make suggestions based on the HAE's knowledge. Police services provided pursuant to this agreement shall include, but not be limited to, enforcement of state statutes, county ordinances, city ordinances, and HAE rules and regulations. Authority is hereby granted by HAE to the City for the enforcement at the Facilities of all state statutes, county ordinances, city ordinances, and all traffic and parking regulations of the State of Illinois, City, and HAE. This authority is granted to the City on a continual basis. All records of reports generated by the officers for Part I and Part II crimes as defined by the Federal Bureau of Investigation Uniform Crime Reporting shall remain property of the City of Elgin and maintained in the records section of the Elgin Police Department. In addition to such other duties as may be provided for herein, the parties hereto shall cooperate together to draft and issue a press release to residents of the Facilities, and shall issue communications to residents and community stakeholders of the Facilities. Additionally, the City and HAE shall meet semi-monthly to provide updates on improvements and/or identify problem sites or other issues as they may arise. Officers shall patrol the Facilities as such times as may be determined by the City in its sole discretion between Friday through Sunday evenings. 2. Term of Agreement. This agreement shall terminate as of such time as HAE shall have incurred an obligation for the payment of funds to the City in an amount not to exceed $10,000.00. In the event additional work is performed by the Officers pursuant to this agreement beyond the aforementioned incurring of a payment obligation by HAE in the amount of $10,000.00, HAE shall pay to the City such amount as may correspond to the amount of work Officers have actually performed, notwithstanding anything to the contrary herein. Either party may terminate this agreement upon thirty (30) days written notice. In the event of such termination by notice, HAE shall pay City an amount equivalent to pay for such work as has been actually performed by Officers pursuant to the terms and provisions herein. 3. Hours of Work. The Officers shall work at such times and at such locations within Facilities as may be determined by the City in its sole discretion. 4. Assignment of Employee. All Officers assigned to the HAE facilities shall be at the sole determination and discretion of the City and the City's Chief of Police. HAE shall have the right to request the Chief of Police for the replacement by the City's Chief of Police of any Officers assigned to HAE facilities who are not reasonably acceptable to HAE. 5. Status of Officers. The Officers assigned to provide police services for HAE shall remain City employees and shall not have any rights, status, or benefits of HAE employment. 6. Payment of Officers.HAE shall pay the City an amount equivalent to the overtime detail rate of $71.00 per hour for the Officers pursuant to the terms and provisions provided for herein in an amount not to exceed $10,000.00, except as may be otherwise provided for herein. 7. Relationship of Parties. The City and the Officers are and shall be construed as independent contractors with respect to HAE, and this agreement, and no Officer assigned to HAE shall be construed as an employee of HAE. HAE shall not provide any benefits, including but not limited to health insurance benefits, workers' compensation, retirement, paid vacation, or any other employee benefit for the benefit of any Officer. 8. Waiver of Claims and Insurance. The parties hereby agree to waive all claims against the other party and the Officers and all other officials, employees, agents, and 2 representatives of the other party for any loss, damage, personal injury, or death occurring in consequence of the performance of this agreement. During the term of this agreement the City shall provide for insurance for the City and Officers against claims of bodily injury, death, property damage, civil rights violations, false arrest, and malicious prosecution occurring as a result of the existence of this agreement or services performed by Officers pursuant to this agreement. The City shall include HAE as an additional named insured so as to provide coverage against claims for bodily injury, death, property damage, civil rights violations, false arrest, and malicious prosecution occurring as a result of the existence of this agreement or services performed by the Officers pursuant to this agreement and shall provide a certificate of insurance to the HAE. The provisions of this section shall survive any expiration and/or termination of this agreement. 9. Assignment. The obligations of the parties hereto may not be assigned or transferred to any other person, firm, corporation, or body politic without the prior written consent of both parties hereto. 10. Accountability of Employee. Officers shall at all times be under the direction and control of the Chief of Police of the City's police department. 11. Interruptions in Service. The parties hereto acknowledge and understand that temporary redeployment of Officers assigned to HAE may be necessary. Any and all such redeployment shall be at the sole discretion of the City's Chief of Police or his/her designee. In the instance of any such redeployment the City shall provide prompt notice to HAE. 12. Absence of Employee. In the event of the unavailability of any Officers assigned to HAE, through the use of benefit time, sickness, injury, or any other reason, such Officer shall not be replaced by another Officer, unless the unavailable Officer's absence is due to permanent disability. In any such instance, the City shall provide prompt notice to HAE as to the nature of the absence and the expected duration. 13. Work slowdown. In the event the City experiences any work slowdown or stoppage in its police force, the level of service provided to HAE under this agreement shall be at the discretion of the City's Chief of Police, with adjustments in payments by HAE accordingly. 14. Additional Services. Any and all necessary back-up services, including equipment and personnel, required to assist the Officers assigned to HAE in performance of the obligations under this agreement shall be at the sole discretion and control of the Chief of Police of the City police department. 15. Penalty for Breach. In the event either party fails to perform its obligations under this agreement, and if said failure to perform shall continue for thirty days after written notice thereof is given to the party having failed to perform, the non-breaching party may terminate this agreement. HAE shall be liable for payment to the City of all actual costs incurred through such termination date; provided, however, that in the event of any such termination by either party hereto City shall not be liable to HAE for any monetary damages for any reason or in any forum. 3 16. Payment. HAE shall pay to the City the total sum of $10,000.00 for the services provided pursuant to this agreement for the term of this agreement. Such payment shall be made in monthly installments within fifteen (15) days of receipt of a monthly billing from the City. The total aforementioned cumulative payment by HAE shall not exceed $10,000.00 during the term of this agreement and shall be inclusive of all applicable salaries and benefits. The City owns and shall continue to solely own all right, title and interest in any and all equipment to be utilized by the Officers in the performance of police services as provided for herein; and nothing herein, including, but not limited to, any payments made by HAE pursuant to this agreement is intended to and shall not be construed as providing HAE with any rights thereto or interest therein, with any and all such ownership and other rights remaining with the City. 17. Notices. All notices required or permitted under this agreement shall be in writing and shall be deemed delivered in person or deposit in the United States mail, postage prepaid, addressed as follows: City of Elgin Housing Authority of Elgin Jeffery Swoboda, Chief Damon E. Duncan, CEO Elgin Police Department Housing Authority of Elgin 151 Douglas Avenue 120 South State Street Elgin, Illinois 60120 Elgin, Illinois 60123 18. Entire Agreement. This agreement contains the entire agreement of the parties hereto and there are no other promises or conditions or any other agreement whether oral, written or implied. This agreement supersedes any prior written or original agreements or negotiations between the parties. 19. Amendment. This agreement may only be modified or amended through a written amendment executed by both parties hereto. 20. Severability. If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable but only in the event the balance of this agreement is ratified by the parties hereto. 21. Wavier of Contractual Right. The failure of either party to enforce any provision of this agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement. 22. Applicable Law. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the enforcement of any rights and the resolution of any disputes arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois. 23. Nature of Relationship. It is not the intent or purpose of this agreement and this agreement shall not be deemed or construed to create an employment, joint venture, partnership or other agency relationship between the parties hereto. 4 24. Nature of Services. It is agreed and understood that the services the City will be providing pursuant to this agreement are general law enforcement services only and that no special duty shall be deemed to be created by this agreement. It is further understood and agreed that this agreement is not intended nor shall be construed to alter, limit, or constitute a waiver of any of the civil immunities afforded the City or HAE pursuant to the Local Governmental and Governmental Employees Tort Immunity Act at 745 ILCS 10/1-101, et seq., as amended, or otherwise provided by law, it being agreed that all of the civil immunities set forth in such an Act, as amended, or otherwise provided by law, shall fully apply to any claims asserted or which might be asserted against the City or HAE as a result of this agreement or any of the actions of the parties pursuant to this agreement. Without limiting the foregoing, it is further agreed and understood that the City as a result of this agreement or any actions of the parties pursuant to this agreement shall not be liable to HAE 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. Notwithstanding anything to contrary in this agreement, it is agreed and understood that no third party beneficiaries are intended or shall be construed to be created by the provisions of this agreement and it is the intention of the parties hereto that no action may be commenced by any person or entity against the City and/or HAE and/or the respective officials, officers, agents, employees and/or other related persons or entities for monetary damages for any alleged breach or failure to provide services described in this agreement. The provisions of this section shall survive any expiration and/or termination of this agreement. 25. Severability. The terms of this agreement shall be severable. In the event that any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this agreement at Elgin, Illinois, on the date first written above. CITY OF ELGIN THE HOUSING AUTHORITY OF ELGIN BY / City M. pa_er Chief Executive Officer Attest: Att: tai ► 14 City Jerk Dated: 1. (3 Dated: - F:\Legal Dept\Agreement\Elgin housing Authority-Agr for Police Services-7-23-13.docx 5