00-183 Resolution No. 00-183
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 Ed Schock, 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 for
police services for the period of April 1 , 2000 through
March 31, 2001, a copy of which is attached hereto and made a
part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: August 9, 2000
Adopted: August 9, 2000
Omnibus Vote : Yeas 7 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
RAGREE/HAE
Draft 6/12/00
INTERGOVERNMENTAL AGREEMENT FOR POLICE SERVICES
THIS AGREEMENT made and entered into this / ' day of
, 2000, by and between the City of Elgin, Illinois, a
mun' ipal corporation organized and existing under the
Cons itution 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 $54, 200 has been exhausted. This
Agreement shall become effective on April 1, 2000 ,
and terminate on March 31, 2001, 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. This Agreement may also be terminated by
HAE in the event HAE is dissatisfied with the
particular officer assigned to HAE upon three (3)
days written notification.
D. This Agreement may also 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) . It is agreed and understood that the
City owns and shall continue to own all right, title and
interest in the Police Department patrol vehicle and other
equipment to be utilized by the City' s Police Department in
performing the police services hereunder, and nothing herein
nor any of the payments to be made by HAE is intended to or
shall be construed to provide HAE with any rights thereto,
with any and all such ownership and rights remaining with the
City.
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.
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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
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 . The City shall provide
HAE proof of the coverage as specified in this paragraph upon
execution of this Agreement .
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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 .
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
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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 $54 , 029 . 19 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 $4 , 502 . 43 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 including payments for overtime reaches the amount of
$54 , 200 HAE shall provide written notice of same to the City
and this agreement shall terminate . In order to assist HAE
with its auditing requirements the City agrees to provide HAE
with an annual summary of the City' s costs for the police
officer and City vehicle utilized in providing the police
services pursuant to this Agreement in a form substantially as
set forth in Exhibit A attached hereto.
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. To the
extent practicable and to the extent permitted by law the City
shall attempt to provide HAE expedited copies of any such
police reports to assist the HAE in its efforts in managing
the HAE sites .
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
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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 . 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
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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 .
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 i� ,fi�./� BY � _'_ A' 1l 1-2
Ed S31oc , Mayor
Attest : Attest :
1"1" �Ccr
Dolonna Mecum, City Clerk
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OFFICER (Based Upon Cesar Hernandez)
Projected 2000
Billable salary $47,025.00 551,105.60
• . Liability Insurance(2.54%) $1,194.44 $1,298.08
Medicare (1.45%) $681.86 $741.03
Police Pension(2.415 of base) 51,135.65 $1,234.20
Workman's Compensation(3.59) $1,888.20 $1,834.69
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Unemployment Insurance(maximum) $45.00 $46.00
Medical Insurance 56,295,84 $6,295,84
Life Insurance $74.75 $74.75
Sub total $58,140.74 $82,629.19
Uniform Cleaning&Maintenance 5500.00 $500.00
Sub Total $58,640.74 $83,129.19
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Cost of Marked Squai $38,360.00 $38,360.00
Cost per year over 4 year period $9,590.00 $9,590.00
Maintenance!Ins./Fuel $5,610.00 $5,810.00
Squad Computer/connection&use $700.00 $700.00
Total Cost $74,540.74 Sub total. $79,029.19
Less Grant _X$25,000.00)
Total $54,029.19
*No cost included for supervision/payroll/insurance admin.
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EXHIBIT A