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02-324
Resolution No. 02-324 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 26, 2002 to June 10, 2003, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: September 25, 2002 Adopted: September 25, 2002 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk SLO2B September 4,2002 AGREEMENT FOR POLICE SERVICES THIS AGREEMENT made and entered into this p?A/14 day of O c?0 Brie_ , 2002, 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 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 1 of 11 SLO2B September 4,2002 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 d-G, 2002, and terminate on June \©, 2003. 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 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. 2 of 11 SLO2B September 4,2002 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 Major Investigations Division,Juvenile Investigations Unit. 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. 3 of 11 SLO2B September 4,2002 e. During extended school breaks, Officers shall be assigned in the City's police department as operationally necessary and directed by 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 staff. iii. Promote working relationship with other police liaisons 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 and police department. vii. Plan preventive substance abuse programs. viii. Work with parents of runaway students. ix. Deal effectively with juvenile offenders. x. Assist school officials in the enforcement of truancy laws and work with truancy detail. xi. Represent the school on any criminal,misdemeanor,or traffic court action involving the students as appropriate. xii. Work beyond regular scheduled hours when required to successfully complete an assignment or case. 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 4 of 11 SLO2B September 4,2002 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.U-46 shall reimburse the City for 50%of the Officers= salary and benefits as identified on Exhibit A of this agreement to cover the school year of 2002/2003. 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. 5. Hours of Work. The days and hours of work are specified in the attached schedule marked as "Exhibit A 2002-2003". 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 employees assigned to providing police services for U-46 shall remain City of Elgin employees and shall not have any right, status or benefit of U-46 employment. 5 of 11 • SLO2B September 4,2002 8. Payment of Employees. U-46 shall not be liable for the direct payment of salaries,wages or other compensation to City of Elgin employees except as otherwise specifically provided herein. 9. Relationship of Parties. It is understood by the parties hereto that City and its employees are independent contractors with respect to U-46,and no City 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 employee. This agreement shall not be construed to create a partnership,joint venture, employment or agency relationship, 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 body politic,without the prior written consent of both parties hereto. 11. Performance of Service. Officer 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. 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 understood and agreed that this agreement is not intended nor shall be construed to alter, limit or constitute a waiver of any of the civil immunities afforded the City and/or its employees pursuant to the Local Governmental and Governmental Employees Tort Immunity Act at 745 ILCS 10/1-101, et seq., as amended, it being agreed that all of the civil immunities set forth in such Act, as amended, shall fully apply to any claims asserted or which might be asserted against the City and/or its employees as a result of this agreement or any of the 6 of 11 SLO2B September 4.2002 actions of the parties pursuant to this agreement. Without limiting the foregoing, it is further agreed and understood that the City and/or its employees as a result of this agreement or any actions of the parties pursuant to this agreement shall not be liable to U-46 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. 12. Accountability of Employees. Officers shall at all times be under the ultimate direction and control of the Chief of Police of the City . 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 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 7 of 11 SLO2B September 4,2002 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$191,173.73 which includes all costs(personnel,benefits,equipment). Payments shall be made in three installments for August through December, 2002, January through March, 2003, and March through June,2003. 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. Connie Welsh School District U-46 355 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. 8 of 11 SLO2B September 4,2002 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 b . k✓,AL- or / Mayor Attest: lie4A442_ City Clerk 9 of 11 SLO2B September 4,2002 EXHIBIT A 2002-2003 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 2002/2003 school term. Personnel Costs Salary and Fringe Benefits Total salary and benefits, based on 71% or 180 days of the officer's total year: $382,347.47 2002/2003 School Year City of Elgin share (estimated): $347,343.83 District U-46 Share @50%: 191,173.73* $538,517.56 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: $30,233.00 (Estimated AT 100 hours at projected $43.19 per officer=700 hours) Capital Expenditures None estimated nor scheduled in 2002-2003. *Calculation as follows: $382,347.47/2 10 of 11 SLO2B September 4,2002 Num of payments Percentages 2003 Salary $58,892.00 Life Insurance $5.75 12 $69.00 Medical Insurance $566.2 12 $6,794.00 0 Liability Insurance 2.540% $1,495.86 Medicare 1.450% $853.93 Pension 4.515% $2,658.97 Unemployment Ins $45.00 1 $45.00 Workers Comp 3.590% $2,114.22 Holiday Pay (12 days) $2,718.09 Uniform Allowance $1,050.00 Sick Incentive $240.00 $76,931.08 TOTAL SALARY FOR 7 $538,517.56 OFC BASED UPON 71% $382,347.47 REIMBURSEMENT F:\L.egal Dept\Agreement\U-46 Police Services 2002-2003.doc 11 of 11 I 0 OF F< Q`,4 p� § City1 of Elgin Agenda Item No. gr g L September 6, 2002 N -1 SAFE COMMUNITY TO: Mayor and Members of the City Council FROM: Olufemi Folarin, Interim City Manager SUBJECT: Continuance of the School Liaison Program between City of Elgin and School District U-46 for 2002-2003 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 for the 2002-2003 school year. BACKGROUND 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 . r School Liaison Contract for 2002-2003 September 6, 2002 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED School District U-46 . FINANCIAL IMPACT t There are sufficient funds available in account number 010-2304- 731 . 01-01 to fund the City' s portion of this contract . 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 $382, 347 .47 ($191, 173 . 73 is School District U-46 ' s share) and covers days when school is in session. The reimbursement due from School District U-46 is maintained in account number 010-2304-509 . 03-00 . L GAL IMPACT r,,,, The contract has been reviewed and approved by the legal department and School District U-46 . ALTERNATIVES 1 . The City may choose to not continue the School Liaison Officer Program. RECOMMENDATION It is recommended that the City Council approve this continued partnership with School District U-46 . Respectfully submitted, %MIR- - iti......A.A......,..., Olufemi Fol.r'n Interior City Man JJB/j b em. Attachment