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94-87 Resolution No. 94-87 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR POLICE SERVICES WITH ELGIN COMMUNITY COLLEGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Agreement for Police Services on behalf of the City of Elgin with Elgin Community College for law enforcement services at the Elgin Community College facilities, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: April 13, 1994 Adopted: April 13, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Efi --ion Anenda Item No. V . March 18, 1994 TO: Mayor and Members of the City Council FROM: Robert O. Malm, Interim City Manager SUBJECT: Agreement with Elgin Community College for Police Services and a request to increase the authorized strength of the Elgin Police Department by three officers PURPOSE To establish an agreement between the City of Elgin and Elgin Community College to provide police service to their facili- ties within the City and to increase the authorized strength of the Elgin Police Department. BACKGROUND Elgin Community College continues to experience rapid growth and has chosen to expand its facilities within the City of Elgin. With this expansion and increased student population has come a heightened need for security. Elgin Community College currently uses "hire-back" Elgin Police officers to perform security functions at their two campuses. ECC pays the City of Elgin $27.50 per hour as required by City ordi- nance and the City pays the costs for salary, equipment and fringe benefits for the officers at an average of $33.50 per hour, a loss of $6 per hour. The City has been bearing this cost due to the benefits to the entire city derived by having uniformed Elgin Police officers downtown at ECC's Fountain Square building and at ECC's Spartan Drive campus. While performing security functions on ECC property, the City gains the security and police presence both on the campus and in the surrounding area. The ability of the Elgin Police Depart- ment to assign "hire-back" officers and supply needed equip- ment has placed a serious strain on the Department. Frequent- ly officers are working 16 hour shifts and their ability to supply quality service to the citizens of Elgin is severely strained. Agreement with ECC for Police Services March 18, 1994 Page 2 As a long-time partner with the City of Elgin, Elgin Communi- ty College has enjoyed the presence of uniformed Elgin offi- cers on their campuses. ECC has explored other security methods but prefers the professionalism available from their police department. It is therefore desirable to find a meth- od through which the Elgin Police Department can continue to supply the service and still allow ECC professional police service. The proposed agreement would establish an intergovernmental agreement between ECC and the City of Elgin. For their part, ECC will pay $10,000 per month to the City of Elgin. The City will then be responsible for the assignment of three officers to handle the security at the ECC campuses as out- lined by their schedule. The Elgin Police Department will maintain full control over these officers and may use them off campus if emergency conditions arise. When school is not in session during the summer and spring break, these officers will be available for other assignments. Currently the Elgin Police Department is subsidizing the "hire-back" program at $6 per hour. No additional time is available to the department for other purposes. No remunera- tion is received for the use of a fully equipped squad. The necessity to supply this squad is causing a serious hardship for the afternoon shift. It is estimated that the squad car use costs the city approximately $3 per hour. Due to current union contracts, the officers assigned to ECC change daily, resulting in inconsistent service. The citizens of Elgin are frequently relying on officers that may have been working for 15+ hours to handle their emergencies, a less than desirable situation. Finally, it is very difficult for the Police Department to maintain the current level of "hire-back" service. The offi- cers' inability to become acquainted with this "beat" and work to solve and prevent problems is inconsistent with the practice of community oriented policing that the department is striving to provide throughout the community. FINANCIAL IMPACT Elgin Community College will pay the City of Elgin $10,000 per month for 12 months per year. (assuming the contract is renewed) This will result in $120,000 paid by ECC towards hir- ing, training and equipping three additional officers. The cost to the City are as follows: Salary & benefits for 3 new officers: 3 @ $45,471.36= $136,414.08 Training costs $3,000: (One new officer already trained) 2 @ $3,000= $6,000 Agreement with ECC for Police Services March 18, 1994 Page 3 Equipment (gun,uniforms,etc.) : 3 @ $3,700= $11,100 Squad car (keeping "best" trade in car for '94): est.$5,800 Replacement squad equipment for new car 4,750 Total cost for squad for 1994 $10,550 Total cost to city for lst twelve months = $164,064.08 Total collected for service= 120,000.00 City's share= $44,064.08 Returned to city: Seventy-nine eight hour man days = $17,000 TOTAL COST TO CITY $27,064.08 Currently not-reimbursed by ECC for "hire-back" police offi- cers at time and one half rate: Wages not recovered (5,842hrs. @ $6 per hr) : $35,035 Squad use not recovered ( 4,376 hrs @ $3 per hr) : 13,128 Current total cost to city $48,163 SAVINGS WITH THIS PLAN $48,163 - 27,064.08= $21,098.92 Elgin Community College would pay the City of Elgin $5,000 as a contribution to the City's self-insurance reserves to satis- fy liability concerns. The funds necessary to pay the City's portion of this agree- ment are already included in the Police Department's overtime budget. Some re-distribution of funds would cover the expens- es. During the second year of this contract the costs to the City will change. Wages will increase by approximately 3% but training and equipment costs will drop off. It is also recom- mended that a replacement squad car should be purchased by the City in 1995 at an approximate cost of $16,000. This will result in a savings of $21,100 less the new car cost of $16,000 for a savings of $5,100 in 1995, less a wage increase of $4,000 for a total additional net savings of $1,100. The purchased squad will then have an anticipated life of 3 yrs if devoted solely to ECC. LEGAL IMPACT The Legal Department has prepared the attached agreement. Agreement with ECC for Police Services March 18, 1994 Page 4 RECOMMENDATION It is recommended that this agreement for police services be entered into between the City of Elgin and Elgin Community College. It is further recommended that the authorized strength of the Elgin Police Department be increased by three officers to staff this obligation. This would bring the total authorized strength to 131 officers. Robe O. Ma m, Interim City Manager AGREEMENT FOR POLICE SERVICES THIS AGREEMENT made and entered into this 1'JA and between the Cit day of ��� 19�/, by y of Elgin, a municipal corporation, organized and existing under the constitution and the statutes of the State of Illinois (hereinafter referred to as the "City") and Elgin Community College District #509, an Illinois school district organized under the statutes of the State of Illinois, in the Counties of Cook, Kane, DuPage, DeKalb and McHenry, State of Illinois (hereinafter referred to as "ECC"); WITNESSETH WHEREAS, Article 7, Section 10 of the constitution of the State of Illinois, 1970, authorizes units of local government, including municipalities and school districts, 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, Sec. 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 individually and to enter into contracts for the performance of governmental services, activities and undertakings; and WHEREAS, ECC has determined that it is necessary to upgrade its security services at its campus facilities, which are located within the City of Elgin; and WHEREAS, the parties hereto have determined that it is necessary and desirable for the City with its professional police department to provide additional police services for ECC at the ECC main campus and Fountain Square facilities; 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 ECC at the ECC main campus and Fountain Square facilities 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 receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Term of Agreement. This agreement shall become effective on June 1, 1994 and terminate on May 31, 1995. 2. Description of Services.. The City through its police department will provide a total of three uniformed, sworn officers and one fully operational police department patrol vehicle to patrol within the geographic boundaries of ECC facilities. Two officers will patrol the main campus with a patrol vehicle and one officer shall patrol the Fountain 2 a patrol vehicle and one officer shall patrol the Fountain Square facility. Police services provided pursuant to this agreement shall include, but are not limited to, enforcement of state statutes, county ordinances, city ordinances, and ECC rules and regulations on traffic and parking violations. Authority is hereby granted by ECC to the City for the enforcement on the ECC main campus and Fountain Square facilities of all traffic and parking regulations of the State of Illinois, City of Elgin and ECC. 3. Hours of Work. The days and hours of work are specified in the attached schedule marked as Exhibit "A" and labeled "FY '94 Main Campus 1st Shift," "FY '94 Main Campus 2nd Shift," and "FY 194 Fountain Square 2nd Shift." An additional 160 hours of service to be determined at a later date are requested and anticipated. These additional hours are a contingency to cover unforeseen events. Any hours of service of assigned officers required by ECC beyond those specified in this agreement shall be assigned at the discretion of the City. The City shall contact ECC Director of Campus Safety as to assignment of discretionary hours. Any changes in work schedules must be agreed to by both parties hereto. 4. Assignment of Employees. All police department employees assigned to the ECC facility shall be at the sole determination and discretion of the City and the Chief of Police. 3 5. Status of Employees. All City police department employees assigned to providing police services for ECC shall remain City of Elgin police department employees and shall not have any right, status or benefit of ECC employment. 6. Payment of Employees. ECC shall not be liable for the direct payment of salaries, wages or other compensation to City of Elgin police department employees. 7. Relationship of Parties. It is understood by the parties hereto that the City of Elgin and its police department employees are independent contractors with respect to ECC, and no City police department employee assigned to ECC is an employee of ECC. ECC will not provide fringe benefits, including health insurance benefits, workers' compensation, retirement, paid vacation, or any other employee benefit, for the benefit of any City police employee. 8. Waiver of Claims and Insurance. The parties hereby agree to waive all claims against the other party and their police officers and all other officials, employees, agents, and representatives of the other party for any loss, damage, personal injury, or death occurring in consequence of the performance of this agreement. At all times during the term of this agreement, it is understood that the City will be utilizing its self-insurance program for protection for the City against claims for bodily injury, death property damage, civil rights, false arrest and malicious prosecution occurring as a result of the existence of this agreement or services performed pursuant to this agreement. The City agrees to 4 include ECC as an additional named insured within its self-insurance program so as to provide coverage against claims for bodily injury, death, property damage, civil rights, false arrest and malicious prosecution occurring as a result of the existence of this agreement or services performed pursuant to this agreement. ECC shall pay to the City $5,000.00 as a contribution to the City's self-insurance reserves. ECC shall deliver said $5,000 fee to the City promptly after the entry into 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. Performance of Service. City police employees assigned to ECC shall perform general law enforcement duties and such other duties as assigned by the Chief of Police, consistent with the provision of police services on the grounds of an institution of higher education. The City shall determine and apply standards for performance and discipline used in the delivery of the contract police services. 11. Accountability of Employees. All City police employees assigned to ECC shall at all times be under the direction and control of the Chief of Police of the City police department. 12. Interruptions in Service. The parties hereto acknowledge and understand that temporary deployment of City 5 police employees assigned to ECC may be necessary. Any and all such redeployment shall be at the sole discretion of the City's Chief of Police or his designee on the City police department. In the instance of any such redeployment the City shall provide prompt notice to the ECC Director of Campus Safety. 13. Absence of Employees. In the event of the unavailability of any City police employee assigned to ECC due to sickness, injury, use of benefit time, or any other reason, that City police employee shall be temporarily replaced by another City police employee as determined by the Chief of Police at no additional cost to ECC. In any such instance, the City shall provide prompt notice to the ECC Director of Campus Safety as to the nature of the absence, the expected duration, and the identity of the replacement officer. 14. Work Slowdown. In the event the City experiences any work slowdown or stoppage in its police force, the level of service provided to ECC under this agreement shall be at the discretion of the Chief of Police with adjustments in payment by ECC accordingly. 15. Additional Services. Any and all necessary backup services, including equipment and personnel, required to assist the City police employees assigned to ECC in the 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. 6 16. Penalty for Breach. In the event that 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 other party may terminate the agreement. ECC shall be responsible for payment to the City for actual costs incurred through the proposed termination date. 17. Payment. Payment by ECC for services provided under this agreement, not including the insurance fee provided for under paragrph 8, shall be $120,000.00 which includes all costs (personnel, benefits, equipment). The total contract amount, not including the insurance fee provided for under paragraph 8, shall not exceed $120,000. Payments shall be in installments of $10,000.00 a month and shall be made by ECC within fifteen days of receipt of monthly billing from the City. 18. 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: Chief Charles Gruber Elgin Police Department 150 Dexter Court Elgin, IL 60120 Elgin Community College: Richard A. Cervantes Elgin Community College 1700 Spartan Drive Elgin, IL 60123 7 Ms. Peggy F.J. Bradford Vice President of Legal and Human Services Elgin Community College 1700 Spartan Drive Elgin, IL 60123 19. 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 or written. This agreement supersedes any prior written or oral agreements or negotiations between the parties. 20. Amendment. This agreement may be modified or amended but only through a written amendment executed by both parties hereto. 21. 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. 22. Waiver 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. 23. Applicable Law. This agreement shall be governed by the laws of the State of Illinois. Any action brought pursuant to this agreement shall be brought in the Circuit Court of Kane County, Illinois. 8 IN WITNESS WHEREOF, the parties hereto have executed this agreement at Elgin, Illinois, on the date first written above. ELGIN COMMUNITY COLLEGE, CITY OF ELGIN DISTRICT #509, COUNTIES OF DUPAGE, COOK, MCHENRY, DEKALB AND KANE, STATE OF ILLINOIS By Mayo By Attest: / Attes 'A City Clerk 9 FY 194 Main Campus, 1 shift, 7a-3p M-F & 9a-5p Sat Revised 8-2-93 D J A S O N D J F M A M J A U U E C O E A E A p A - U Y L G p T V C N B R R Y N S 1. 7-3 7-3 7-3 7-3 X 7-3 . 7-3 X X X 2 7-3 9-5 7-3 7-3 X 7-3 7-3 X 7-3 X 3 7-3 - X 7-3 7-3 X 7-3 7-3 X 7-3 X 4 9-5 7-.3 7-3 9-5 X 7-3 1-3 7=3 7-3 X 5 X 7-3 7-.3 X X 9-5 9-5 7-3 7-3 X 6 X 7-3 9-5 7-3 X X X 7-3 7-3 X 7 7-3 7-3 X 7-3 X 7-3 7=3 7-3 9-5 X 8 7-3 7-3 7-3 7-3 X 7-3 7-3 7-3 X X 9 7-3 9-5 7-3 7-3 X 7-3 7-3 9-5 7-3 X 10 7-3 X 7-3 7-3' X 7-3 7-3 X 7-3 X 11 9-5 7-3 7-3 9-5 X X' 7-3 7-3 7-3 X 12 X 7-3 7-3 X X X 9-5 7-3 7-3 X 13 7-3 7-3 9-5 7-3 X X X 7-3 7-3 7-3 - 14 7-3 7-3 X 7-3 X 7-3 7-3 7-3 9-5 7-3 15 7-3 7-3 7-3 7-3 X 7-3 7-3 7-3 X 7-3 16 7-3 9-5 7-3 7-3 X 7-3 7-3 9-5 7-3 7-3 17 7-3 X 7-3 X X 7-3 7-3 X 7-3 X 18 9-5 7-3 7-3 X 7-3 7-3 7-3 7-3 7-3 X 19 X 7-3 7-3 X 7-3 9-5 9-5 7-3 X X 20 7-3 7-3 9-5 X 7-3 X X 7-3 X 7-3 21 7-3 7-3 X X 7-3 7-3 7-3 7-3 X 7-3 22 7-3 7-3 7-3 X 9-5 7-3 7-3 7-3 X 7-3 23 7-3 9-5 7-3 X X 7-3 7-3 9-5 X 7-3 24 - 7-3 X 7-3 X 7-3 7-3 7-3 X- X X 25 9-5 7-3 X X 7-3 7-3 7-3 7-3 X X 26 X 7-3 X X 7-3 9-5 9-5 7-3 X X 27 7-3 7-3 X X 7-3 X X 7-3 X 7-3 28 7-3 7-3 X X 7-3 7-3 X 7-3 X 7-3 29 7-3 7-3 7-3 X 9-5 X 7-3 X 7-3 30 "7-3 9-5 7-3 X X X 9-5 X 7-3 31 X X 7-3 X X Mo. xoure 200 208 184 112 96 176 184 192 120 96 Total Hours: 1,568 Exhibit'A FY 194 Main campus, 2 shift, 3p-llp M-F Revised B-2-93 D J A S O N D J F M A M J A U U E c O E A E A p A U Y L G p T V c N B R R Y N S 1 3-11 3-11 3-11 3-11 X 3-11 3-11 X X X 2 3-11 X 3-11 3-11 X 3-11 3-11 X 3-11 X 3 3-11 X 3-11 3-11 X 3-11 3-11 X 3-11 X 4 X 3-11 3-11 X X 3-11 3-11 3-11 3-11 X 5 X 3-11 3-11 X X X X 3-11 3-11 X- 6 X 3-11 X 3-11 X X X 3-11 3-11 X 7 3-11 3-11 X 3-11 X 3-11 3-11 3-11 X X 8 3-11 3-11 3-11 3-11 X 3-11 3-11 3-11 X X 9 3-11 X 3-11 3-11 X 3-11 3-11 X 3-11 X 10 3-11 X 3-11 3-11 X 3-11 3-11 X 3-11 X 11 X 3-11 3-11 X X X 3-11 3-11 3-11 X 12 X 3-11 3-11 X X X X 3-11 3-11 X 13 3-11 3-11 X 3-11 X X X 3-11 3-11 3-11 14 3-11 3-11 X 3-11 X 3-11 3-11 3-11 X 3-11 15 3-11 3-11 3-11 3-11 X 3-11 3-11 3-11 X 3-3.1 16 3-11 X- 3-11 3-11 X 3-11 3-11 X 3-11 3-11 17 3-11 X 3-11 X X 3-11 3-11 X 3-11 X 18 X 3-11 3-11 X X 3-11 3-11 3-11 3-11 X 19 X 3-11 3-11 X X X X 3-11 X X 20 3-11 3-11 X X X X X 3-11 X 21 11 3-11 3-11 X X X 3-11 3-11 3-11 X 3-11 22 3-11 3-11 3-11 X X 3-11 3-11 3-11 X 3-11 23 3-11 X 3-11 X X 3-11 3-11 X X 3-11 24 3-11 X X X 3-11 3-11 3-11 X X X 25 X 3-11 X X 3-11 3-11 3-11 3-11 X X- 26 X 3-11 X X 3-11 X X 3-11 X X 27 3-11 3-11 X X 3-11 X X 3-11 X 3-11 28 3-11 3-11 X X 3-11 3-11 X 3-11 X 3-11 29 3-11 3-11 3-11 X X X 3-11 X 3-11 30 3-11 X 3-11 X X X X -X 3-11 31 X X 3-11 X X Mo. Hours 168 168 152 96 48 152 1 152 160 104 96 Total Hours: 1,296 FX 'S4 Fountain Square, 2- Shift, 2:15p-10:15p M-F Revised B-2-93 'D J A S O N D J F M A M q-1 A U U E C O E A E A p AY L G p T V C N B R R YS 1 2-10 2-10 2-10 2-10 X 2-10 2-10 X X2-10 X 2-10 2-10 X 2-10 2-10 X 2-10 3 2-10 X 2-10 2-10 2-10 2-10 2-10 X 2-10 X 4 X 2-10 2-10 X 2-10 2-10 2-10 2-10 2-10 X 5 X 2-10 2-10 X 2-10 X X 2-10 2-10 X 6 X - 2-10 X 2-10 2-10 X X 2-10 2-10 2-10 7 2-10 2-10 X 2-10 X 2-10 2-10 2-10 X 2-10 B 2-10 2-10 2-10 2-10 x 2-10 2-10 2-10 x 2-10 g 2-10 X 2-10 2-10 X 2-10 2-10 X 2-10 2-10 10 2-10 X 2-10 2-10 2-10 2-10 2-10 X 2-10 X 11 X 2-10 2-10 X 2-10 X 2-10 2-10 2-10 X 12 X 2-10 2-10 X 2-10 X X 2-10 2-10 X 13 2-10 2-10 X 2-10 2-10 X X 2-10 2-10 2-10 14 2-10 2-10 X 2-10 X 2-10 2-10 2-10 X 2-10 15 2-10 2-10 2-10 2-10 X 2-10 '2-10 2-10 X 2-10 16 2-10 X 2-10 2-10 X 2-10 2-10 X 2-10 2-10 17 2-10 X 2-10 X X 2-10 2-10 X 2-10 X 18 X 2-10 2-10 X 2-10 2-10 2-10 2-10 2-10 X 19 X 2-10 2-10 X 2-10 X X 2-10 2-10 X 20 2-10 2-10 X 2-10 2-10 X X' 2-10 X 2-10 21 2-10 2-10 X 2-10 X 2-10 2-10 2-10 X 2-10 22 - 2-10 2-10 2-10 2-10 X 2-10 2-10 2-10 X 2-10 23 2-10 X 2-10 2-10 X 2-10 2-10 X 2-10 2-10 24 2-10 X X X 2-10 2-10 2-10 X 2-10 X 25 X 2-10 X X 2-10 2-10 2-10 2-10 2-10 X 26 X 2-10 X X 2=10 X X 2-10 2-10 X 27 2-10 2-10 X X 2-10 X X 2-10 X 2-10 28 2-10 2-10 X X 2-10 2-10 X 2-10 X 2-10 ' 29 2-10 2-10 2-10 X X Emma X 2-10 X 2-10 30 2-10 X 2-10 X X so X 'X X 2-10 31 X X 2-10 X 2-10 Mo. Hours 168 168 152 128 136 152 152 160 152 144 Total Hours: 1,512