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HomeMy WebLinkAbout19-136 Unsigned • Resolution No. 19-136 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ELGIN AND THE BOARD OF EDUCATION OF.SCHOOL DISTRICT U-46 PROVIDING FOR SCHOOL RESOURCE OFFICERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN. ILLINOIS, that Richard G. Kozal, 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 the Board of Education of School District U-46, for school.resource officers, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor • Presented: October 9, 2019 Adopted: October 9, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT BETWEEN THE CITY OF ELGIN AND SCHOOL DISTRICT U-46 PROVIDING FOR A School Resource Officer This Agreement is entered into this 9th day o(October,20,sby and between the CITY OF ELGIN,Illinois, a municipal corporation(the "City") and the Board of Education of School District U-46 (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 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 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 and the District have previously entered into Intergovernmental Agreements regarding the same subject matter as this Agreement, and the parties hereto intend that all such previous Intergovernmental Agreements regarding the subject matter hereof are hereby terminated,and that this Agreement shall supersede and supplant any and all such prior Intergovernmental Agreements between the parties hereto regarding the subject matter hereof 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 1,2019 and continue in full force and effect until July 31, 2020. • Page 1 of 12 • SECTION 3. PURPOSE The purpose of the School Resource Officer Program is to facilitate, promote, and help maintain a safe, secure, and nurturing school learning environment that is flexible in meeting the academic, social, and emotional needs of each student. By establishing a working relationship with school personnel, a cooperative effort to prevent juvenile delinquency is formed. Having law enforcement officers on campus is intended to 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 final selection shall be made by the City's Chief of Police in her sole discretion. 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) Positive, proactive attitude; excellent interpersonal and problem-solving skills; ability to resolve conflicts; verbal, written communication; (d) Self-motivated; ability to work with minimal supervision; (e) Ability to interact effectively and productively with the Police Department, courts, school. staff, students and parents; (0 Experience in and knowledge of drug and gang awareness; (g) Non-probationary police employee; (h) Excellent attendance record. 4.1 Organizational Relationships: Page 2 of 12 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 personnel rules applicable to the City police officers shall continue to apply to the SRO, and the SRO 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. 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: (a) Enforce all laws and municipal ordinances to coordinate our efforts to provide a safe and nurturing school learning experience that is flexible in meeting the academic, social, and emotional needs of each student; (b) School Resource Officers are not school disciplinarians, and will not enforce the Student Code of Conduct. (c) Provide information and give presentations to students, staff and parents to support and empower schools to be welcoming centers of family and community engagement; (d) 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; (e) Be proactive regarding patterns of delinquency, street gang membership and activity and problem areas around the school to strive toward prevention, operational excellence and efficiency; (f) Assist school personnel with managing escalated and agitated clients, crowd control and vehicle traffic patterns to strive toward prevention, operational excellence and efficiency; Page 3 of 12 (g) Maintain open communication with school personnel in an attempt to identify individuals or conditions that could result in delinquent behavior, formulate prevention plans and identify proactive solutions; (h) Maintain and report to the District a record of reported criminal incidents and arrest activities for the specific school designated for the reporting officer. 4.3 District and City to agree on Modifications to Duties and Responsibilities The District retains the right to add, delete, and update essential job duties and responsibilities as necessary, subject to approval of the City. 4.4 Level of Service Based upon the operational needs of the City's Police Department in any unusual circumstances as determined by the Chief of Police, the level of service provided to District under this agreement shall be at the discretion of the Chief of Police with adjustments in payments by District 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. • 4.6 Crime Reports and Notification of arrest or law enforcement action. (a) SROs are required to submit a monthly crime report to.the District School Board designee, Director of School Safety, which includes reported crimes that occurred on school property. (b) Unless exigent circumstances exist, if the SRO or police officer working in the absence of the SRO under this agreement, arrests a student for a school offense, the SRO will report that arrest or law enforcement action to the school principal. (c) Unless exigent circumstances exist, if the SRO or police officer working in the absence of the SRO under this agreement, arrests a District school employee or contracted employee Page 4 of 12 for an offense related to their duties as employees or contracted employees of the School District,the SRO or police officer working in the absence of the SRO under this agreement, will report that arrest or law enforcement action to the school principal. (d) All SRO's shall be equipped with a body worn camera (BWC) and shall utilize the BWC during the course of their official duties when on U-46 property as required by law. All recordings made by such BWC's shall constitute and be construed as records created and maintained by the City of Elgin pursuant to Section 11.2 herein and all recordings resulting therefrom shall be maintained and treated as required by law. If a BWC is turned on for any reason during a school day, the SRO shall promptly notify the applicable school principal and the Director of School Safety and Culture. SECTION 5. OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES FOR SRO COMPENSATION • 5.1 Payment District shall reimburse the City for officers assigned to schools as provided for herein. Upon the selection of any officer, the City shall provide the District with a statement in a form substantially similar to Exhibit A, attached hereto and made a part hereof, setting forth the cost of the SRO as a non-probationary police officer's salary. 5.2 Overtime costs. District further agrees to only pay the overtime cost incurred by the City wherever a principal or district administrator requests the SRO for school sponsored events/activities. Said overtime costs will be the responsibility of the District. An hourly overtime rate is included in Exhibit A. All overtime hours must first be approved by the school's principal. 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 SRO more than 24 hours in advance.of the commencement of the overtime work. District will not pay unapproved overtime. Page 5 of 12 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 an City overtime form and submit same for his/her supervisors for approval. 5.4 The City will pay the SRO's costs as agreed upon and shall invoice District in 10 monthly increments for District fmancial obligations as set forth above. 5.5 The City will bill the District on a monthly basis for all overtime costs. SECTION 6. ACCOMODATIONS The District will provide office space and the following commodities necessary to accomplish the objectives set forth above: Private office, District computer with access codes, District office phone, District view capability of camera systems, Key Fob for the Electronic Access Control System, keys for appropriate/necessary interior and exterior access, VLAN and IP based access through the District computer network that allows the SRO access to municipal computer systems, District administrative level access on District Internet access to conduct investigations, and a District two-way radio with frequencies for all District schools and District area wide networks. SECTION 7. STAFFING The City will assign police SROs to serve as a SRO for the school calendar year, of which the SRO shall work eight(8)hours per day. The City shall assign SROs to the following schools and/or assignments: Abbott(1), Ellis (1), Kimball(1)and Larsen(1)Middle Schools Elgin(1)and Larkin(1)High Schools Alternative schools Dream Academy and Central Schools Program (1) 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 Page 6 of 12 day. Said training sessions will be scheduled on school SIP, institution days and school holidays when possible. In the event of any absence or other unavailability of any assigned SRO, any replacement shall be trained. 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 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, its officials, officers, agents, employees and assigns 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,its officers or employees. 10.2 The City shall and does hereby indemnify and hold harmless the District,its employees,volunteers and agents against any claims,demands,loss,costs and expenses,including attorney's fees for the defense thereof, arising from or in connection with the willful and wanton misconduct of the SROs,the City,its police department or its employees provided that said claims, demands, costs and expenses have not been caused by the willful and wanton 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 Page 7 of 12 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 and/or any of their respective officials, officers, employees, volunteers and or/agents. 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 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. SECTION 11. STUDENT RECORDS: 11.1 All records maintained or created by 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 and any person handling such records on its behalf shall comply with the Illinois School Student Records Act, 105 ILCS 10/1 et seq., and all corresponding regulations. 11.2 All records maintained or created by the police department shall be the sole property of the City and shall be maintained by the City 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 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 Page 8 of 12 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. 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 hereto. Page 9 of 12 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 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 subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be in the Circuit Court of Kane County, Illinois. 12.9 Disclaimer of Relationship Nothing contained in this Agreement, nor any act of the City 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 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: Chief Exective Officer School District U-46 355 East Chicago Street Elgin, IL 60120-6543 Page 10 of 12 If to City: Chief of Police CITY OF ELGIN 151 Douglas Avenue 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: - C�` 'z: By: City Manager President Att t: Attest: al'et he/Z(2S • City Clerk � Secretary Dated: October 9, 2019 Dated: F:\Legal Dept\Agreement\School District U-46-School Resource Office Agr-Clean-5-24-19.docx • Page 11 of 12 EXHIBIT A: COST WORKSHEET 2019-20 CITY OF ELGIN Cost Worksheet Annual Number of Number of payments officers Cost Police Officer's annual salary cost as provided $ 72,177.43 Number of school officers provided 7 Total cost of officers for schools $505,242. For billing purposes (Sept through June) 10 invoices Overtime hourly Rate for SRO for budgeting . $ 69:00 Page 12 of 12