03-320 Resolution No. 03-320
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT FOR POLICE SERVICES
WITH ELGIN COMMUNITY COLLEGE
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 Elgin Community
College, District No. 509, Counties of Kane, Cook, DuPage, McHenry,
and DeKalb, State of Illinois for police services for the period
July 1, 2003 through June 30, 2006, a copy of which is attached
hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: November 19, 2003
Adopted: November 19, 2003
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT FOR POLICE SERVICES
THIS AGREEMENT made and entered into this 19T# day of
No nem A C& 2003,by mid 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 Community College District No.509,a body
Corporate and Politic,of the counties of Kane,Cook,DuPage,DeKalb and McHenry,
Illinois("Elgin Community College"),an Illinois Community College District organized
under the statutes of the State of Illinois,(hereinafter referred to as"ECC");
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,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,the parties hereto have determined it to be desirable for the City with
its professional police department to provide additional police services for ECC at the
ECC main campus and Fountain Square 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 ECC at
the ECC main campus and Fountain Square 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 of Agreement.This Agreement shall become effective on July 1,2003,
and terminate on June 30,2006.
2. Description of Services.The City,through its police department,will provide
a total of three uniformed sworn officers and one fully operational police department
patrol vehicle to patrol within the geographic boundaries of ECC facilities.Two officers
will patrol the main campus with a patrol vehicle and one officer shall patrol the Fountain
Square facility.Police services provided pursuant to this Agreement shall include,but not
be limited to,enforcement of state statutes,county ordinances,city ordinances,and ECC
rules and regulations on traffic and parking violations.Authority is hereby granted by
ECC to the City for the enforcement on the ECC main campus and Fountain Square
facilities of all traffic and parking regulations of the State of Illinois,City of Elgin and
ECC.
3. Hours of Work.The three officers shall be assigned to ECC full time.The
total hours of service provided to ECC shall be 5,952.Each officer shall perform service
for ECC for 1,984 hours at 40 hours per week.The officers shall provide services which
conform to a schedule which includes 7:00 am to 10:30 p.m.Monday through Friday and
9:00 am to 5:00 p.m.Saturday at the main campus and 2:45 p.m.to 10:30 p.m.Monday
through Friday at Fountain Square except for the Holiday Recess and Spring Recess as
detennined yearly by the Academic calendar.
4. Assignment of Employees.All police department employees assigned to the
ECC facilities shall be at the sole determination and discretion of the City and the Chief
of Police. ECC shall have the right to request the reassignment by the Elgin Chief of
Police of any police department employees assigned to the ECC facilities who are not
reasonably acceptable to ECC.
5. Status of Employees.All City police department employees assigned to
provide police services for ECC shall remain City of Elgin police department employees
and shall not have any right,status or benefit regarding ECC employment.
6. Payment of Employees.ECC 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 and its police department employees are independent contractors with respect to
ECC,and no City police department employee assigned to ECC is an employee of ECC.
ECC 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 police employee.
S. 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 terns of this agreement,it is understood that the City will be utilizing its self-insurance
program for protection for 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 ECC as an additional named insured within its self-insured program so
as to provide coverage against claims for bodily injury,death,property damage,civil
2
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 politic without the prior written
consent of both parties hereto.
10. Performance of services. Police employees assigned to ECC shall perform
general law enforcement duties and such other duties as assigned by the Chief of Police,
consistent with the provision of police services on the grounds of an institution of higher
education.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 ECC
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 ECC 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 the ECC Chief of Police.
13. Absence of Employees. In the event of the unavailability of any City of Elgin
Police Department employee assigned to ECC,through the use of benefit time,sickness,
injury,or for any other reason,that City of Elgin Police Department employee shall not
be replaced by another City of Elgin Police Department employee unless the City of
Elgin Police Department employee's absence is due to permanent disability.In any such
instance,the City shall provide prompt notice to the ECC Chief of Police 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 ECC under this agreement
shall be at the discretion of the Chief of Police,with adjustments in payment by ECC
accordingly.
15. Additional Services.Any and all necessary back-up services,including
equipment and personnel,required to assist the City police employees assigned to ECC 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.ECC shall be responsible for payment to the City for actual
costs incurred through the proposed termination date.
3
17. Payment.The first year of this contract will include payment by ECC for
services provided under this agreement totaling$240,450.42 which includes all costs
(personnel,benefits,equipment).The total contract amount shall not exceed$240,450.42.
Payments shall be in installments of$20,037.54 a month and shall be made by ECC
within fifteen days of receipt of monthly billing from the City.Payments for the second
and third years will be modified to reflect any changes in wages and benefits awarded to
the patrolman's union.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 service
hereunder,and nothing herein nor any of the payments to be made by ECC is intended to
or shall be construed to provide ECC with any rights thereto,with any and all such
ownership and rights remaining with 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:
William Miller
Elgin Police Department
151 Douglas Street
Elgin,IL 60120
ECC: Michael Shirley,President
Elgin Community College
1700 Spartan Drive
Elgin,IL 60123
19, 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.
20. Amendment.This 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 that party's
right to subsequently enforce and compel strict compliance with every provision of this
agreement.
4
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.
24. Nature of Relationship. It is not the intent or purpose of this agreement
and this agreement shall not be deemed or construed to create an employment,joint
venture,partnership or other agency relationship between the parties hereto.
25. 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
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 or ECC
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 or ECC as a result of this agreement or any of the actions of
the parties pursuant to this agreement. Without limiting the foregoing,it is further agreed
and understood that neither the City nor ECC as a result of this agreement or any actions
of the parties pursuant to this agreement shall not be liable to the other 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.
26. Reopening and Early Termination. Should ECC change its hours of operation
at its main campus or Fountain Square Campus,the parties agree that the hours of service
and compensation provisions herein may be reopened to negotiate those issues,including
the location of assignment of the officers assigned under this Contract to ECC by the City
for police services.In addition,the City agrees to notify ECC by April 1st of each year for
the Contract years 2004-2005 and 2005-2006(the'Extended Contract Years")or as soon
thereafter as known to the City as to the cost of police services for the next annual
Contract year.ECC will notify the City in writing within thirty days of the receipt of such
cost data if it is not able to fund the required amount for the next Contract year
commencing July 1,or the existing year if such costs do not become known prior to July
1 of an Extended Contract Year.If such written notice is given,then this Contract will
terminate as of June 30`x'of the then existing Contract year,or thirty(30)days after
written notice is given if after July 1. Provided that ECC receives the cost data within
thirty days of its being known to the City,ECC shall be responsible for paying to the
City,if the costs do not become known until after July 1 of an Extended Contract Year,
the costs based upon the prior years cost figures plus any increase in such costs incurred
by the City as a result of the final contract entered into between the City and the
bargaining agent for the police officers until the time,if any,of termination by ECC
pursuant to this paragraph.
5
IN WITNESS WHEREOF,the parties hereto have executed this agreement at Elgin,
Illinois,on the date first written above.
ELGIN COMMUNITY COLLEGE,
DISTRICT No.509,COUNTIES OF
KANE,COOK,DUPAGE,MCHENRY,
And DEKALB,STATE OF ILLINOIS
By Cz ��-"
Attest::
CITY OF ELGIN
�
By: Mayor
Attest:
Revised:September 23,2003
6
Attachment A
ECC Officers 2003-2004
1 Officer 3 Officers
Salary $61,614.92 $184,844.76
Life Insurance $188.50 $ 565.50
Medical Insurance $9,816.00 $ 29,448.00
Liability Insurance $1,595.82 $ 4,787.46
Medicare $893.42 $ 2,680.26
Pension $2,781.91 $ 8,345.73
Unemployment Ins $45.00 $ 135.00
Workers Comp $2,255.10 $ 6,765.30
Holiday Pay(12 days) $2,843.77 $ 8,531.31
Uniform Allowance $1,050.00 $ 3,150.00
Sick Incentive $240.00 $ 720.00
Centre Membership $275.00 $ 825.00
$83,599.44 $250,798.32
Use of Marked Squad $ 5,000.00
$255,798.32
Elgin Community College Share
@94% $240,450.42
City Share-General Revenue @ 6% $ 15,347.90
7
Ay; City of Elgin Agenda Item No.
October 31, 2003
TO: Mayor and Members of the City Council
,STAFF
FROMc David M. Dorgan, City Manager �.
COMMtJNtTY
Deputy Chief James Burns
SUBJECT: Renewal of Elgin Community College's Contract for
Police Service for an Additional Three Years
PURPOSE
The purpose of this memorandum is to provide information to the
Mayor and members of the City Council to consider a contract
renewal with Elgin Community College (ECC) for police services
from July 1, 2003, through June 30, 2006.
BACKGROUND
The Elgin Police Department began supplying enhanced police
patrol. service to the downtown and main campuses of ECC in 1994.
Three sworn Elgin police officers have provided routine police
services and security services for the college. The majority
(94%) of the cost of the three officers, (Attachment A) is
reimbursed by ECC.
Officers are assigned to both the Spartan. Drive Main Campus and
the Central Business District Campus on DuPage Street and South
Grove Avenue.
The students of the college, the college staff, and
administration and Elgin residents in the surrounding area have
enjoyed a heightened sense of security and safety. The officers
also patrol the surrounding neighborhoods, for which the City
reduces the total by an agreed 6%. ECC has requested to renew
this contract for an additional three years.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
The ECC Board has considered and approved this contract for the
upcoming three years.
Renewal of Elgin Community College's Contract for Police Service
October 31, 2003
Page 2
ok
FINANCIAL IMPACT
TThe proposed agreement includes an increase in the funding from
$228,075.31 in 2002/3 to $240,450.42 in 2003/4. The remaining
two years will be adjusted to cover wage and benefit increases
granted to the officers through collective bargaining and/or
increases in benefit costs to the City. All revenue from this
program is credited to the General Fund under account number
010-2308-534.01-01, Special Detail-Elgin Community College.
LEGAL IMPACT
VOVNone.
ALTERNATIVES
1. The City Council may direct the staff to attempt to recover
the entire cost of supplying these officers to ECC.
2. The City Council may choose to end this contractual
agreement and stop supplying officers to ECC.
RECOMMENDATION
It is recommended that the City Council approve the agreement
with Elgin Community College for police services.
Respectfully submitted for Council consideration.
Jjb
Attachment
Renewal of Elgin Community College's Contract for Police Service
October 31, 2003
Page 3
AGREEMENT FOR POLICE SERVICES
THIS AGREEMENT made and entered into this day of
2003,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
Community College District No.509,a body Corporate and Politic,of the counties of Kane,
Cook,DuPage,DeKalb and McHenry,Illinois("Elgin Community College"),an Illinois
Community College District organized under the statutes of the State of Illinois,(hereinafter
referred to as"ECC");
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,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,the parties hereto have determined it to be desirable for the City with its
professional police department to provide additional police services for ECC at the ECC main
campus and Fountain Square facilities;and
WHEREAS,the City is a home rule unit which may exercise any power or function
relating to its govermnent and affairs;and
WHEREAS,the City's agreement to provide additional police services for ECC at the
ECC main campus and Fountain Square 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 of Agreement.This Agreement shall become effective on July 1,2003,and
terminate on June 30,2006.
Renewal of Elgin Community College's Contract for Police Service
October 31, 2003
Page 4
2. Description of Services.The City,through its police department,will provide a total
of three uniformed sworn officers and one fully operational police department patrol vehicle to
patrol within the geographic boundaries of ECC facilities.Two officers will patrol the main
campus with a patrol vehicle and one officer shall patrol the Fountain Square facility.Police
services provided pursuant to this Agreement shall include,but not be limited to,enforcement of
state statutes,county ordinances,city ordinances,and ECC rules and regulations on traffic and
parking violations.Authority is hereby granted by ECC to the City for the enforcement on the
ECC main campus and Fountain Square facilities of all traffic and parking regulations of the
State of Illinois,City of Elgin and ECC.
3. I3ours of Work.The three officers shall be assigned to ECC full time.The
total hours of service provided to ECC shall be 5,952.Each officer shall perform service for ECC
for 1,984 hours at 40 hours per week.The officers shall provide services which conform to a
schedule which includes 7:00 am to 10:30 p.m.Monday through Friday and 9:00 am to 5:00 p.m.
Saturday at the main campus and 2:45 p.m.to 10:30 p.m.Monday through Friday at Fotmtain
Square except for the Holiday Recess and Spring Recess as determined yearly by the Academic
calendar.
4. Assignment of Employees.All police department employees assigned to the ECC
facilities shall be at the sole determination and discretion of the City and the Chief of Police.
ECC shall have the right to request the reassignment by the Elgin Chief of Police of any police
department employees assigned to the ECC facilities who are not reasonably acceptable to ECC.
5. Status of Employees.All City police department employees assigned to provide
police services for ECC shall remain City of Elgin police department employees and shall not
have any right,status or benefit regarding ECC employment.
6. Payment of Employees.ECC 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
and its police department employees are independent contractors with respect to ECC,and no
City police department employee assigned to ECC is an employee of ECC.ECC 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 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 that the City will be utilizing its self-insurance program for
Renewal of Elgin Community College's Contract for Police Service
October 31, 2003
Page 5
protection for 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 ECC 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.
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. Police employees assigned to ECC shall perform general
law enforcement duties and such other duties as assigned by the Chief of Police,consistent with
the provision of police services on the grounds of an institution of higher education.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 ECC 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 ECC 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 the ECC Chief
of Police.
13. Absence of Employees. In the event of the unavailability of any City of Elgin Police
Department employee assigned to ECC,through the use of benefit time,sickness,injury,or for
any other reason,that City of Elgin Police Department employee shall not be replaced by another
City of Elgin Police Department employee unless the City of Elgin Police Department
employee's absence is due to permanent disability.In any such instance,the City shall provide
prompt notice to the ECC Chief of Police 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 ECC under this agreement shall be at the
discretion of the Chief of Police,with adjustments in payment by ECC accordingly.
15. Additional Services.Any and all necessary back-up services,including equipment
and personnel,required to assist the City police employees assigned to ECC in performance of
Renewal of Elgin Community College's Contract for Police Service
October 31, 2003
Page 6
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.ECC
shall be responsible for payment to the City for actual costs incurred through the proposed
termination date.
17. Payment.The first year of this contract will include payment by ECC for services
provided under this agreement totaling$240,450.42 which includes all costs(personnel,benefits,
equipment).The total contract amount shall not exceed$240,450.42.Payments shall be in
installments of$20,037.54 a month and shall be made by ECC within fifteen days of receipt of
monthly billing from the City.Payments for the second and third years will be modified to
reflect any changes in wages and benefits awarded to the patrolman's union.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 service hereunder,and nothing herein nor any of the payments to be made
by ECC is intended to or shall be construed to provide ECC with any rights thereto,with any and
all such ownership and rights remaining with the City.
I& 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:
William Miller
Elgin Police Department
151 Douglas Street
EIgin,IL 60120
ECC: Michael Shirley,President
Elgin Community College
1700 Spartan Drive
Elgin,IL 60123
19. 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.
Renewal of Elgin Community College's Contract for Police Service
October 31, 2003
Page 7
20. Amendment.This 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 that 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.
24. Nature of Relationship. It is not the intent or purpose of this agreement and this
agreement shall not be deemed or construed to create an employment,joint venture,partnership
or other agency relationship between the parties hereto.
25. 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 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 or ECC 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 or ECC as a result of this
agreement or any of the actions of the parties pursuant to this agreement. Without limiting the
foregoing, it is further agreed and understood that neither the City nor ECC as a result of this
agreement or any actions of the parties pursuant to this agreement shall not be liable to the other
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.
26. Reopening and Early Termination. Should ECC change its hours of operation at its
main campus or Fountain Square Campus,the parties agree that the hours of service and
compensation provisions herein may be reopened to negotiate those issues,including the location
of assignment of the officers assigned under this Contract to ECC by the City for police services.
In addition,the City agrees to notify ECC by April 1s`of each year for the Contract years 2004-
2005 and 2005-2006(the"Extended Contract Years")or as soon thereafter as known to the City
as to the cost of police services for the next annual Contract year.ECC will notify the City in
writing within thirty days of the receipt of such cost data if it is not able to fund the required
Renewal of Elgin Community College's Contract for Police Service
October 31, 2003
Page 8
amount for the next Contract year commencing July 1,or the existing year if such costs do not
become known prior to July I of an Extended Contract Year.If such written notice is given,then
this Contract will terminate as of June 30`h of the then existing Contract year,or thirty(30)days
after written notice is given if after July 1. Provided that ECC receives the cost data within thirty
days of its being known to the City,ECC shall be responsible for paying to the City,if the costs
do not become known until after July I of an Extended Contract Year,the costs based upon the
prior years cost figures plus any increase in such costs incurred by the City as a result of the final
contract entered into between the City and the bargaining agent for the police officers until the
time,if any,of termination by ECC pursuant to this paragraph.
IN WITNESS WHEREOF,the parties hereto have executed this agreement at Elgin,Illinois,on
the date first written above.
ELGIN COMMUNITY COLLEGE,
DISTRICT No.509,COUNTIES OF
KANE,COOK,DUPAGE,MCHENRY,
And DEKALB,STATE OF ILLINOIS
By
Attest::
CITY OF ELGIN
By: Mayor
Attest:
Revised:September 23,2003
Renewal of Elgin Community College's Contract for Police Service
October 31, 2003
Page 9
Attachment A
ECC Officers 2003-2004
1 Officer 3 Officers
Salary $61,614.92 $184,844.76
Life Insurance $188.50 $ 565.50
Medical Insurance $9,816.00 $ 29,448.00
Liability Insurance $1,595.82 $ 4,787.46
Medicare $893.42 $ 2,680.26
Pension $2,781.91 $ 8,345.73
Unemployment Ins $45.00 $ 135.00
Workers Comp $2,255.10 $ 6,765.30
Holiday Pay(12 days) $2,843.77 $ 8,531.31
Uniform Allowance $1,050.00 $ 3,150.00
Sick Incentive $240.00 $ 720.00
Centre Membership $275.00 $ 825.00
$83,599.44 $250,798.32
Use of Marked Squad $ 5,000.00
$255,798.32
Elgin Community College Share
@94% $240,450.42
City Share-General Revenue @ 6% $ 15,347.90