01-156 Resolution No. 01-156
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT FOR POLICE SERVICES WITH
SCHOOL DISTRICT U-46 FOR THE SCHOOL LIAISON PROGRAM
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 Agreement
for Police Services on behalf of the City of Elgin with School
District U-46 for the School Liaison Program for the period
August 23 , 2000 to June 8, 2001, a copy of which is attached
hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: June 13, 2001
Adopted: June 13, 2001
Omnibus Vote: Yeas 6 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
SLO Contract 2000-2001.wpd
April 23,2001
AGREEMENT FOR POLICE SERVICES
THIS AGREEMENT made and entered into this /E- T414- day of
�QI jU , 2001, 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 the "City")
and School District U-46, a unit school district organized under the
statutes of the State of Illinois, (hereinafter referred to as "U-46") ;
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, U-46 has determined that it is in its best interests
to provide police liaison services at its facilities, which are located
within the City of Elgin;namely, Larkin High School, Elgin High School,
Gifford Street Alternative School, Abbott Middle School, Kimball Middle
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SLO Contract 2000-2001.wpd
April 23,2001
School, Larsen Middle School and Ellis Middle School (hereinafter referred
to as "Schools") ; 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 U-46 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 August 23, 2000, and terminate on June 8, 2001.
2 . Description of Services. The City through its police
department shall provide a total of seven (7) uniformed, sworn officers to
Schools, one officer per school (hereinafter referred to as "Officers") .
a. This Agreement is made pursuant to City' s School Liaison
Officer (SLO) program. Generally this program involves the assignment of
a City of Elgin police officer to Schools . The base salary including
fringe benefits of the assigned officers shall be entirely provided by
City with the exception of any and all overtime expenses incurred as a
direct result of the SLO Program pursuant to this agreement which shall be
paid by U-46 at the particular officer's applicable rate. Although the
officers shall remain employees of the City of Elgin, upon assignment,
such officers shall work with and be under the general direction of U-46
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SLO Contract 2000-2001.wpd
April 23,2001
staff and shall establish and operate such programs and activities
consistent with the intent of this program. Each sworn police officer
shall be assigned to a specific school. Although remaining an employee of
the City, the responsibility for direction and supervision of Officers
when assigned to school duties shall be borne by U-46 . Officers shall
work in the school as a member of the school' s guidance team and serve
many of the roles associated with a dean' s assistant.
b. In addition to normal school duties, Officers shall attend
specified extra-curricular activities of Schools at the school
administration' s direction. These activities shall involve but may not be •
limited to athletic events and school sponsored dances.
c. Although certain levels of counseling may be a part of the
Officers' duties, serious counseling needs shall be referred to the
Schools' professional staff.
d. As a member of the police department, Officers shall
conduct original investigations of all criminal and quasi-criminal acts
which occur during the regular school day which would have previously
necessitate the dispatch of a patrol unit. In addition to conducting
original investigations, Officers shall be assigned cases for follow-up
through City' s Community Action Group Juvenile Division. The criteria for
assignment is the offender or victim' s school assignment: time, date, and
offense are secondary. Officers shall conduct such investigations in
conjunction with other school responsibilities within reason.
e. During extended school breaks, Officers shall be assigned
in the City' s police department as operationally necessary and directed by
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SLO Contract 2000-2001.wpd
April 23,2001
the Chief of Police.
f . The duties of Officers may include but are not limited to
the following:
i. Promote rapport between police officers and students in
the school .
ii. Promote a working relationship with school counselors.
iii. Promote working relationship with other police
counselors within the U-46 School District.
iv. Meet periodically with building and district
administration to discuss and evaluate police counselor activities.
v. Make presentations to students, parents, and staff
members on law and law enforcement, safety and good citizenship.
vi. Refer troubled students to proper professional help
within the student services division of the school.
vii. Plan preventive substance abuse programs.
viii. Work with parents of runaway students.
ix. Counsel students who are established juvenile offenders.
x. Assist school officials in the enforcement of truancy
laws.
xi. Represent the high school along with the Dean on any
criminal, misdemeanor, or traffic court action involving the
students.
xii. Work beyond regular scheduled hours when required to
successfully complete an assignment or case with appropriate City
approval.
Page 4 of 11
SLO Contract 2000-2001.wpd
April 23,2001
3 . Staffing. The program shall consist of the City
assigning one officer to Larkin High School, one officer to Elgin High
School, one officer to Gifford Street Alternative School, one officer to
Larsen Middle School, one officer to Ellis Middle School, one officer to
Abbott Middle School and one officer to Kimball Middle School to act as
the SLO for the respective schools. Each SLO shall begin his or her
duties on the first day of school and continue each day that school is in
session until the last day of classes.
4 . Salary and Other Related Costs. The salary (to include
the fringe benefit package) of the Officers shall be shared between City
and U-46 as identified on Exhibit "A" of this agreement to cover the
school year of 2000/2001.
Any overtime expenses necessitated by District scheduling
requirements and in conjunction with Officers' duties shall be paid for by
U-46 at the officer' s overtime rate as established by the City through
contractual agreements. These overtime hours include the officer' s
attendance at school dances, athletic events, or other school related
extra-curricular activities scheduled by U-46 .
City shall calculate overtime costs as approved by U-46 and
submitted by the officers, and then bill U-46 for any overtime costs
incurred. Billing shall occur at the end of each semester period.
Additionally, U-46 shall provide Officers office work space,
telephone and other related commodities as previously contributed, plus
personal vehicle expenses incurred for school business at the current rate
established by the City of Elgin.
Page 5 of 11
SIA Contract 2000-2001.wpd
April 23,2001
5 . Hours of Work. The days and hours of work are specified
in the attached schedule marked as "Exhibit A 2000-2001" .
6. Assignment of Employees. All police department
employees assigned to the U-46 facility shall be at the sole determination
and discretion of the City and the Chief of Police.
7 . Status of Employees. All City police department
employees assigned to providing police services for U-46 shall remain City
of Elgin police department employees and shall not have any right, status
or benefit of U-46 employment.
8 . Payment of Employees. U-46 shall not be liable for the
direct payment of salaries, wages or other compensation to City of Elgin
police department employees except as otherwise specifically provided
herein.
9 . Relationship of Parties . It is understood by the
parties hereto that City and its police department employees are
independent contractors with respect to U-46, and no City police
department employee assigned to U-46 is an employee of U-46. U-46 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. The agreement shall not be
construed to create a partnership, joint venture, employment or agency
relationship except as specifically provided herein, and shall not create
any additional duties, either special or otherwise, on City.
10 . Assignment. The obligations of the parties hereto may
not be assigned or transferred to any other person, firm, corporation, or
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SLO Contract 2000-2001.wpd
April 23,2001
body politic, without the prior written consent of both parties hereto.
11. Performance of Service. Officers shall perform general
law enforcement duties and such other duties as assigned by the Chief of
Police, consistent with the provisions of this agreement and on the
grounds of an institution of education. City shall determine and apply
standards for performance and discipline used in the delivery of the
contract police services.
12 . Accountability of Employees. Officers shall at all
times be under the ultimate direction and control of the Chief of Police
of the City police department. '
13 . Interruptions in Service. The parties hereto
acknowledge and understand that temporary regular or special deployment of
Officers may be necessary. Any and all such redeployment shall be at the
sole discretion of the City' s Chief of Police or his designee. In the
instance of any such redeployment the City shall provide prompt notice to
Schools.
14 . Absence of Employees. In the event of the
unavailability of any Officer due to sickness, injury, use of benefit
time, or any other reason, such Officer shall be temporarily replaced by
another City police employee as determined by the Chief of Police at no
additional cost to U-46. 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 officer.
15 . Work Slowdown. In the event the City experiences any
work slowdown or stoppage in its police force, the level of service
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SLO Contract 2000-2001.wpd
April 23,2001
provided to U-46 under this agreement shall be at the discretion of the
Chief of Police with adjustments in payment by U-46 accordingly.
16. Additional Services. Any and all necessary backup
services, including equipment and personnel, required to assist Officers
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.
17. 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. U-46 shall be liable for payment to the City for actual
costs incurred through the proposed termination date.
18. Payment. Payment by U-46 for services provided under
this agreement, shall be $161,296 .87 which includes all costs (personnel,
benefits, equipment) . Payments shall be made in two installments for
August through December, 2000, and January through June, 2001 . Payments
shall be made by U-46 within fifteen days of receipt of monthly billing
from the City.
19 . 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 William Miller
Elgin Police Department
150 Dexter Court
Elgin, IL 60120
School District U-46: Dr. Marvin Edwards
School District U-46
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SLO Contract 2000-2001.wpd
April 23,2001
355 East Chicago Street
• Elgin, IL 60120
20. 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.
21. Amendment. This agreement may be modified or amended
only through a written amendment executed by both parties hereto.
22 . Severability. If any provision of this agreement shall
be held to be void, invalid or unenforceable for any reason, the remaining
provisions shall remain in full force and effect.
23 . 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.
24 . 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.
SCHOOL DISTRICT U-46 CITY OF ELGIN
By By
/
i/7/0 Mayor
Attest:
Page 9 of 11
SLO Contract 2000-2001.wpd
April 23,2001
Pal6R4r _
City Clerk
Page l0 of 11
SLO Contract 2000-2001.wpd
April 23,2001
EXHIBIT A
2000-2001
Seven officers (1-Larkin High School, 1-Elgin High School, 1-Gifford
Alternative School, 1-Larsen Middle School, 1-Ellis Middle School, 1-
Abbott Middle School and 1-Kimball Middle School) beginning with the first
day of school and ending the last day of school for the 1999/2000 school
term.
Personnel Costs
Salary and Fringe Benefits
Total salary and benefits, based on 71% or
180 days of the officer' s total year: $322, 893 .74
2000/2001 School Year
City of Elgin share (estimated) : $293, 060.51
District U-46 Share @50%: 161,296.38*
$454, 357.38
Overtime Costs
All overtime costs associated with the SLO program and incurred as a
result of extra curricular activities shall be paid by the District at the
existing overtime rate for the officer. Overtime incurred by the officer
during the school calendar year and as a result of criminal or quasi-
criminal investigations shall be paid by the City through normal payroll
channels and procedures.
City of Elgin Share: $ -0-
District U-46 : $24, 613 .00
(Estimated on previous year usage
of 100 hours at projected $36 .59
per officer=700 hours)
Capital Expenditures
None estimated nor scheduled in 2000-2001.
*Calculation as follows: $322, 593 .74/2
Page 11 of 11
•
` � 1, Agenda Item No.
1: 1 � City of Elgin
-4'ATEDFE��
E
May 4 , 2001 r,
C',
G
TO: Mayor and Members of the City Council N
SAFE COMMUNITY
FROM: Joyce A. Parker, City Manager
SUBJECT: Continuance of the School Liaison Program
Between City of Elgin and School District U-46
PURPOSE
The purpose of this memorandum is to provide the Mayor and members
of the City Council with information to consider the continuance of
the School Liaison Program between the City of Elgin and School
District U-46 .
BACKGROUND
tom'' Recognizing safe schools as a priority in our community, the City
of Elgin and School District U-46 implemented a School Liaison
Program in 1987 . Through the School Liaison Program, Elgin police
officers were assigned to the three high schools and four middle
schools . Police officers in the schools have created an improved
relationship with the students and faculty to assist in providing
a safe environment for all . This concept has become more evident
with a nationwide trend to have police in schools . The officers on
site provide services ranging from answering calls for service to
assisting staff with policing needs, to providing assistance to
troubled youth and their parents with counseling or referrals.
This program continues to be very valuable to the schools, the
students and the department by providing an active partnership.
This partnership has allowed the department to anticipate problems
and react before they get out of hand. It has allowed the schools
and the City to combat gang recruiting and reduce the incidents of
violence in and around the schools . Recently, emergency response
plans have been developed to promptly respond to in-school
emergencies . These plans have been well-received and proven
effective in one recent incident . This contract was delayed due to
significant confusion caused by a change in personnel at both U-46
and in the Elgin Police Department handling this program. The
contract for next year is currently being negotiated.
. . .. .
em. School Liaison Program
May 4, 2001
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
School District U-46 .
FINANCIAL IMPACT
Lg The City of Elgin and School District U-46 share the cost of the
officers' salary and benefits for the number of days that school is
in session. School District U-46 is responsible to reimburse the
City of Elgin for all overtime hours required by the school above
normal duty time.
The cost of the positions is $322 , 593 . 74 ($161, 296 . 38 is School
District U-46 ' s share) and covers days when school is in session.
The actual expenditure for the officers' salaries is budgeted in
account number 010-2304-731 . 01-01 . The reimbursement due from
School District U-46 is maintained in account number 010-2304-
509. 03-00 .
rv7 / LEGAL IMPACT
VV
The contract has been reviewed and approved by the legal department
and School District U-46 .
ALTERNATIVES
The City may choose to not continue the School Liaison Officer
Program.
RECOMMENDATION
It is recommended that City Council approve this continued
partnership with School District U-46 .
Respectfully submitted,
& / ".1----
gyce .Parker
City Manager
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