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97-245 Resolution No. 97-245 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR POLICE SERVICES WITH THE GAIL BORDEN LIBRARY DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, City Manager, 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 the Gail Borden Library District for enhanced police security, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: October 8, 1997 Adopted: October 8, 1997 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREFMFNT FOR POLICE SERVICES THIS AGREEMENT is made and entered into this 24th day of September, 1997 , by and between the City of Elgin, a municipal corporation, organized and existing under the constitution and the statutes of the State of Illinois (hereinafter referred to as "City" ) and Gail Borden Library District, an Illinois library district organized under the statutes of the State of Illinois, in the counties of Cook and Kane, State of Illinois (hereinafter referred to as "Gail Borden Library" ) ; 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 individually and to enter into contracts for the performance of governmental services, activities and undertakings; and WHEREAS, Gail Borden Library has determined that it is necessary to upgrade its security services at its 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 Gail Borden Library facility; 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 Gail Borden Library 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 acknowledged, the parties hereto hereby agree as follows : 1 . Term of Agreement. This Agreement shall become effective on September 24, 1997 , and terminate on June 11 , 2000 . 2 . Description of Services. The City, through its police department, shall provide a total of one uniformed part-time or auxiliary officer to patrol within the boundaries of the Gail Borden Library facility. Police service provided pursuant to this Agreement shall include, but not be limited to, enforcement of state statutes, county ordinances, city ordinances, and duly enacted Library ordinances and 2 regulations pertaining to conduct in the Library buildings and upon Library grounds . Authority for such patrol and enforcement services is hereby granted by Gail Borden Library to the City. 3 . Hours of Work. The aforementioned part-time or auxiliary officer shall be assigned to Gail Borden Library. A total of 640 hours of service shall be provided to Gail Borden Library. The officer shall provide services which conform to a schedule which includes 5 : 15 P.M. - 9 : 15 P.M. Monday through Thursday and 1 : 00 P.M. to 6 : 00 P.M. Saturday at the Gail Borden Library except for the period June 7 , 1997 through August 28, 1997 (Summer recess ) . The City shall pay for police service for 450 hours and Gail Borden Library shall assume the payment for 190 hours up to the maximum amount and upon the payment terms set forth in Paragraph 17 . 4 . Assignment of Employees . All police department employees assigned to the Gail Borden Library facility shall be at the sole determination and discretion of the City and the City' s Chief of Police. 5 . Status of Employees . All City police department employees assigned to providing police services for Gail Borden Library shall remain City of Elgin employees and shall not have any right, status, benefit or liability of Gail Borden Library employment. 6 . Payment of Employees. Gail Borden Library shall not be liable for the direct payment of salaries, wages, or other compensation to City of Elgin police employees . 3 7 . Relationship of Parties . It is understood by the parties hereto that the City of Elgin and its police employees are independent contractors with respect to the Gail Borden Library and no City police department employee assigned to the Gail Borden Library is an employee of Gail Borden Library. Gail Borden Library shall 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 and agreed that the City shall be utilizing its self-insurance program for protection for the City 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 pursuant to this agreement. The City agrees to include Gail Borden Library as an additional named insured within its self-insured 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. Gail Borden Library agrees to hold harmless and 4 indemnify the City from and against any and all claims for damages, suits, causes of action, or any other liability claim as to any party which is not a party to this agreement, when such claim, suit or cause of action alleges or is based on a claim or allegation of the existence of a special duty. 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 Services . City police employees assigned to Gail Borden Library shall perform duties as assigned by the Chief of Police, consistent with the provision of police services as such services may lawfully be provided by part-time or auxiliary officers as may be provided by City at the sole discretion of City' s Chief of Police. The City shall determine and apply standards for performance and discipline used in the delivery of contract police services . 11 . Accountability of Employees . All City police employees assigned to Gail Borden Library 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 redeployment of City police employees assigned to Gail Borden Library may be necessary. Any and all such redeployment shall be at the sole discretion of the City' s Chief of Police or his designee of the City police department. In the instance of any such 5 redeployment, the City shall provide prompt notice to the Director of Gail Borden Library. 13 . Absence of Employees . In the event of the unavailability of any City police employee assigned to Gail Borden due to sickness, injury, use of benefit time or any other reason, that City police employee shall be temporarily replaced when feasible by another City police employee as determined by the Chief of Police at no additional cost to Gail Borden Library. In any such instance, the City shall provide prompt notice to the Gail Borden Library Director 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 Gail Borden Library under this agreement shall be at the discretion of the Chief of Police, with adjustments in payment by Gail Borden Library. 15 . Additional Services . Any and all necessary back-up services, including equipment and personnel, required to assist the City police employees assigned to Gail Borden Library 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. 16 . 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 other party may terminate the agreement. Gail 6 Borden Library shall be responsible for payment to the City for actual costs incurred through the proposed termination date. In the event City is unable to provide any officers for any reason whatsoever, Gail Borden Library agrees that City shall not be liable for damages which may result from or arise out of such failure to provide officers . 17 . Payment. Payment by Gail Borden Library to the City for services provided pursuant to this agreement shall be $2, 448 . 92 which includes Gail Borden Library' s contribution toward all costs (personnel, benefits, equipment) . The total contract amount to be paid by Gail Borden Library shall not exceed $2, 448 . 92 . Payment shall be in installments of $ 612 . 23 quarterly and shall be made by Gail Borden Library within fifteen days of receipt of quarterly 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 151 Douglas Avenue Elgin, IL 60120 Gail Borden Library: Daniel Zack 200 N. Grove Avenue Elgin, IL 60120 19 . Entire Agreement. This agreement contains the entire agreement of the parties hereto and there are not 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 . 7 20 . Amendment. The 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 the 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 . IN WITNESS WHEREOF, the parties hereto have executed this agreement at Elgin, Illinois, on the date first written above. Gail Borden Library CITY OF ELGIN 200 North Grove Avenue Elgin, Illinois 60120 By Mayor By Attes Attest: City Clerk 8 � B City of Elgin Agenda Item No. September 17, 1997 TO: Mayor and Members of the City Council FROM: Robert O. Malm, Interim City Manager SUBJECT: Extension Agreement with Gail Borden Library for Police Services PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an agreement with _the Gail Borden Library for enhanced police security. BACKGROUND The City of Elgin entered into an agreement with the Gail Borden Public Library for police services in 1996 . The Library wishes to renew this agreement for an additional three years at the current terms. The contract remains unchanged except- ing wording to reflect the three year term and escape clauses for the City and the Library should conditions change. The City recognizes the public benefit by providing a safe environment at the Library for study and recreation. In the past, non-Library patrons have caused disturbances, creating concern to users and employees of the Library. The Library worked with the Police Department to address the problems . It is the desire of the Library to work with the City to maintain the current safe environment. Since placing an officer in the Library, problems have not reappeared. The Library recognizes that, as a taxing body, they service a larger population than the City and, therefore, feels it appropriate to share the cost for additional service. The Police Department will continue to use part-time Police/ Auxiliary personnel for this project. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED This contract must be considered and approved by the Gail Borden Library Board. Police Services for Library September 18, 1997 Page 2 FINANCIAL IMPACT U / The contract will require a total of 640 hours of service at an average cost to the City of $12 . 89 per hour, including bene- fits . The total cost of the current program is $8,249 . 60, with the Library paying $2, 144 . 89 (26%) and the City paying the remaining $6 , 104 .71 (74%) . The City' s portion is budgeted under the Police Department budget, account number 010-2311-731 . 01-04 , and sufficient funds exist to continue this service. The rate for the other non-sworn special detail officers is $14/hour. Other government bodies such as U-46 and Elgin Community College pay as determined by ordinance rates for hourly service. Ik LEGAL IMPACT The Legal Department has reviewed the attached agreement. ALTERNATIVES 1 . The City may choose not to enter into this agreement and pay for all of the services provided. 2 . The City may choose to discontinue this service to the Library and require the Library to provide private secu- rity. 3 . The City may choose to require a higher level of partici- pation from the Library. RECOMMENDATION It is recommended that the City renew this agreement with the Gail Borden Public Library with the same financial participa- tion. Respectfully submitted, /1• Charles A. Gruber of Police Ro ert 0. Malm In erim City Manager JB/jb ,CjA DOPMENE ,, r'U B L I C LIBRARY DISTRICT DANIEL ZACK, DIRECTOR 200 NORTH GROVE AVENUE ELGIN, ILLINOIS 60120-5596 TELEPHONE (847) 742-2411 TDD (847) 742-2455 FAX (847) 742-0485 September 4, 1997 Elgin City Council 150 Dexter Court Elgin, IL 60120 Dear Mayor and City Council, Last year the City of Elgin and the Gail Borden Library entered into a contract for the provision of auxiliary police services to augment general security of the library during the school term. This agreement has been very successful, and well received by the public. The library wishes to renew this contract, hopefully for a term longer than one year if possible. With the library attracting over 500,000 visits a year, the safety and well-being of these citizens is of utmost importance. The combination of our own security personnel with the police auxiliary has proven to be an ideal solution. We look forward to the continuation of this contract, and thank you for your support of this effort. Sincerely, i Dan Zack Director DZ/sm