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99-30 Resolution No. 99-30 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR POLICE SERVICES WITH THE HOUSING AUTHORITY OF ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Intergovernmental Agreement for Police Services on behalf of the City of Elgin with the Housing Authority of Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: February 10, 1999 Adopted: February 10, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RAGREE/HAE INTERGOVERNMENTAL AGREEMENT FOR POLICE SERVICES THIS AGREEMENT made and entered into this day of 1)')A/Lc&, 1999 , by and between the City of Elgin, Illinois, a municipal corporation organized and existing under the Constitution and the statutes of the State of Illinois, (hereinafter referred to as the "City" ) and the Housing Authority of Elgin, a municipal corporation organized and existing under the laws of the State of Illinois (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, including municipal corporations, 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, HAE 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 HAE at the HAE 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 HAE at the HAE 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 and Termination of Agreement. A. This Agreement shall be for a term of twelve ( 12) months or sooner in the event HAE ' s funding of $79 ,200 has been exhausted. This Agreement shall become effective on April 1, 1999, and terminate on March 31, 2000, unless terminated sooner as provided below. B. This Agreement may be terminated either by the City or HAE without cause upon thirty (30) days written notification. All notices sent by either party to terminate this contract shall be in writing and sent by certified mail return receipt requested to the other party as provided herein. C. Notwithstanding the above, this Agreement can be terminated by mutual agreement immediately. 2 . Description of Services . The City, through its police department, will provide a total of one uniformed sworn officer and one fully operational police department patrol vehicle to patrol within the geographic boundaries of HAE facilities and the surrounding area. 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 on traffic and parking violations . Authority is hereby granted by HAE to the City for the enforcement on the HAE facilities and property of all traffic and parking regulations of the State of Illinois, City of Elgin and HAE . The police officer shall also, to the fullest extent permitted by law, assist the HAE in enforcing HAE' s rules and regulations (e.g. ban policy and security in the senior building) . 3 . Hours of Work. One officer shall be assigned to HAE full time. The officer shall perform service to HAE for 8-1/4 hours on each shift day worked. The officers shall provide services which conform to a schedule which includes input from the HAE. The assignment of hours shall conform to the contract between the PBPA Unit 54 and the City of Elgin. 4 . All police department employees assigned to HAE shall be at the determination and sole discretion of the Chief of Police of the City of Elgin. The HAE will be given the opportunity to interview potential candidates and make a recommendation to the police department for the assignment for the position prior to the assignment being made. The chief of police shall give as much weight as possible to the HAE recommendation for the assignment taking into account the other operational needs of the police department. 5 . Status of Employees . All City of Elgin Police Department employees assigned to provide police services at HAE facilities shall remain City of Elgin Police Department -2- employees and shall not have any right, status or benefit of HAE employment. 6 . Payment of Employees . HAE 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 Police Department employees are independent contractors with respect to HAE, and no City of Elgin Police Department employee assigned to HAE is an employee of HAE. HAE 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 of Elgin Police Department employee. This Agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship of any kind between the parties hereto except to the extent of and as specifically provided for herein that the City may enter onto the property of HAE and may enforce any law or rule or regulation as may be provided for herein. 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 with the performance of this agreement. At all times during the term of this agreement it is understood that the City will be utilizing a self-insurance program for the protection of 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 include HAE 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. 9 . Assignment. The obligations of the parties hereto may not be assigned or transferred to any other person, firm, corporation or body without the prior written consent of both parties hereto. 10 . Performance of Services by City of Elgin Police Department. Police Department employees assigned to HAE shall perform general law enforcement duties and such other duties as assigned by the Chief of Police consistent with the policies of the Police Department. The City shall determine and apply standards for performance and discipline used in the delivery of contract police services and to the extent permitted by law HAE ' s rules, regulations and policies . -3- 11 . Accountability of Employees . All City of Elgin Police Department employees assigned to HAE shall at all times be under the direction and control of the Chief of Police of the City of Elgin Police Department. 12 . Interruptions in Service. The parties hereto acknowledge and understand that temporary redeployment of City of Elgin Police Department employees assigned to HAE may be necessary and all such redeployment shall be at the sole discretion of the City' s Chief of Police or his designee on the City of Elgin Police Department. In the instance of any such deployment, the City shall provide prompt notice to the HAE Director. 13 . Absence of Employees . In the event of the unavailability of any City of Elgin Police Department employee assigned to HAE due to sickness, injury, use of benefit time or any other reason, that City of Elgin Police Department employee shall not be replaced by another City of Elgin Police Department employee. In any such instance, the City shall provide prompt notice to the HAE Director as to the nature of the absence and the expected duration. 14 . 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 Chief of Police, with adjustments in payment by HAE accordingly. 15 . Additional Services . Any and all necessary back-up services, including equipment and personnel, required to assist the City of Elgin Police Department employees 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 of Elgin Police Department. 16 . Penalty for Breach. In the event either party fails its obligations under this Agreement, and if said failure to perform shall continue for thirty ( 30) days after written notice thereof is given to the party having failed to perform, the other party may terminate the agreement as its sole and exclusive remedy. HAE shall be responsible for payment to the City for actual costs incurred through the proposed termination date. 17 . HAE shall pay to the City of Elgin $75,022 .41 for the services provided under this agreement, which includes all costs of personnel, benefits and equipment. Payment shall be paid by HAE to the City in installments of $6,251 . 87 per month and shall be made by HAE within fifteen ( 15) days of receipt of monthly billing from the City. Any overtime requested by HAE or made necessary for court time or additional duty shall be an additional cost to HAE and shall be paid to the City by HAE at the City' s detail rate for governmental agencies currently $27 . 50 per hour. In the event total contract payments -4- including payments for overtime reaches the amount of $79,200 HAE shall provide written notice of same to the City and this agreement shall terminate. 18 . Notices . All notices or other communications required or permitted under this Agreement shall be in writing and shall be delivered to the parties at the addresses set forth below (or to such other addresses as the parties may specify by due notice to the other) . Notices or other communications given by certified mail, return receipt requested, postage prepaid shall be deemed given three ( 3) business days after the date of mailing to: City of Elgin: Joyce A. Parker City Manager 150 Dexter Court Elgin, IL 60120 HAE : Sandy Freeman Housing Authority of Elgin 120 S . State Street Elgin, IL 60123 19 . The assigned City of Elgin police officer shall strive to assist the HAE by providing information as available under applicable law with regard to police services provided at HAE sites including, but not limited to, providing copies of police reports unless otherwise prohibited by law. 20 . No Partnership Created. It is not the intent or purpose of the parties to enter into the partnership relationship, and this instrument shall not be construed as giving rise to a partnership in any sense or in any circumstances . One party shall not be liable for any debts or obligations incurred by the other in the absence of any express written agreement to that effect. 21 . Severability, Governing Law. If any clause or provision herein shall be adjudged invalid or unenforceable by a Court of competent jurisdiction or by operation of any applicable law, it shall not affect the validity of any other clause or provision, which shall remain in full force and effect. The contract shall be governed by the laws of the State of Illinois . The Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such Court' s exercise of jurisdiction. In any action to enforce this contract, the prevailing party shall be entitled to recover its attorney' s fees and expenses incurred in such action. 22 . 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. -5- It is further agreed and understood that the City 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 . 23 . Indemnification. The City of Elgin will indemnify the Housing Authority of Elgin and hold it harmless from any claims, demands, liabilities, actions, suits or proceedings, asserted or claimed by third parties arising out of the City of Elgin's performance of law enforcement activities pursuant to this agreement. The Housing Authority of Elgin shall indemnify the City of Elgin and hold it harmless from any claims, demands, liabilities, actions, suits or proceedings asserted or claimed by third parties arising out of the operations and activities of the Housing Authority of Elgin. 24 . Indulgences, etc. Neither the failure nor any delay on the part of either party to exercise any right under this Agreement shall operate as a waiver of such right, nor shall any single or partial exercise of any right preclude any other or further exercise of the same or of any other right, nor shall any waiver of any right with respect to any occurrence be construed as a wavier of such right with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the parties asserted to have granted such waiver. 25 . Execution in Counterparts . This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall together constitute one and the same instrument. 26 . Provisions Separable. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part. 27 . Entire Agreement. This Agreement contains the entire understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, inducements or conditions, expressed or implied, oral, or written, except as herein contained. The express items hereof control and supersede any course of performance and/or usage of the trade inconsistent with any other terms hereof. 28 . Headings . The headings in this Agreement are intended solely for convenience of reference and shall be given no effect in the construction or interpretation of this Agreement. -6- IN WITNESS WHEREOF, the parties have entered into and executed this Agreement at Elgin, Illinois, on the date and year first written above. CITY OF ELGIN HOUSING AUTHORITY OF ELGIN By 7 By Sf#V14) ' 4112,04A4sk} Kevin Kelly, M..•r Attest: Attest: Dolonna Mecum, City Clerk -7- ``,0 OF Etc�'b 3 City of Elgin Agenda Item No. o Hy January 21, 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Agreement with Housing Authority of Elgin PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into an agreement with the Housing Authority of Elgin (HAE) for a police officer assigned directly to HAE. BACKGROUND The HAE is responsible for the management of seven locations sites throughout the city. The sites are 583-591 Owasco, 320 . Watch Court, Illinois Court, 120 South State Street, 951 Elizabeth, 621 Wing, 311-314 Washington, and 270-280 Norman Nelson Court . The Elgin Police Department currently provides service to those locations through regular shift/beat assign- ments . The sites are scattered throughout the City and are located in different patrol beats . The Police Department currently has permanent beat officers on each patrol shift . This is effective for policing but creates different contact officers for the HAE depending on the time of day or location of the HAE sites . The HAE has requested assistance from the City of Elgin Police Department in a greater, more direct capacity by having a patrol officer assigned to work the HAE. This effort was given support by the Police Department if HAE could obtain funding. The HAE applied for a grant from HUD under the Drug Elimina- tion Program and was successful in securing a grant for $79, 200 to pay for police services . The agreement with HAE would provide one year of funding and would require that the Police Department hire an additional officer and purchase a police car to provide this service . The squad car is necessary to ensure the officer access to the various sites, as the current fleet during peak months is in use in its entirety. r e Agreement with Housing Authority of Elgin January 21, 1999 Page 2 eft' The HAE has requested a more direct level of assistance from the Police Department, a central point of contact with the officer that would be so designated. The responsibility of officer selection, work hours and assignments have been identified in the agreement between the City and HAE . The grant money obtained from HAE should be sufficient to cover the costs of the officer and car up to $79, 200 . The assigned officer would work directly with the HAE but would be an employee of the City of Elgin. The Elgin Police Department would continue service as in the past when the officer is off duty. This agreement for police services is similar to the agreement that is currently in use at Elgin Community College . The HAE has the ability to apply for financial aid for additional years . In the event that the grant monies from HAE end, the police department may be able to apply for COPS Grant money or the sworn position will be eliminated through attrition. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Sandra Freeman, Executive Director, Housing Authority of Elgin. eillij,b--F INANCIAL IMPACT The intent of entering into this agreement is for the HAE to utilize a HUD grant to cover the costs . The agreement allows for salary, police car, and reimbursement by HAE to the City for any overtime expenses . The officer remains an employee of the City. vaLEGAL IMPACT None . ALTERNATIVES The Police Department will continue to provide service to the HAE as it dces to the remainder of the City of Elgin. The other alternative would be to provide service to HAE on a hire back basis, however, this would not allow HAE the assigned officer that they have requested. rm.' Agreement with Housing Authority of Elgin January 21, 1999 Page 3 rok RECOMMENDATION The recommendation is to approve entering into this agreement between the City of Elgin and the Housing Authority of Elgin. Re ectfully submit d, Joyce . Parker City Manager jl r