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09-120 Resolution No.09-120 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 Diane Robertson,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 1,2009 through June 30,20012,a copy of which is attached hereto and made a part hereof by reference. sl Ed Schock Ed Schock,Mayor Presented:May 13,2009 Adopted:May 13,2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: sl Diane Robertson Diane Robertson,City Clerk AGREEMENT FOR POLICE SERVICES THIS AGREEMENT is hereby made and entered into this /c3 day of "� 2009,by and between the City of Elgin,Illinois,a municipal corporation,(hereinafter referred to as the "City") and Con rrumity College District No. 509, a body Corporate and Politic, of the counties ofKane,Cook,DuPage,DeKalb,and McHenry,Illinois,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 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 mutually acknowledged,the parties hereto agree as follows: 1. Term of Agreement. This Agreement shall become effective on July 1, 2009, and terminate on June 30,2012. 2.Description of Services.The City,through its police department,will provide a total of two uniformed sworn officers (hereinafter referred to as "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 and/or the Fountain Square facility. Police services provided pursuant to this Agreement shall include,but not be limited to, enforcement of state criminal statutes,county ordinances,city criminal,traffic and parking ordinances and ECC rules and regulations on traffic and parking violations and authority is hereby granted by ECC on a continuing basis to the City for such enforcement. All records of reports generated by the officers for Part I and Part II crimes as defined by the Federal Bureau of Investigation Uniform Crime Reporting,shall remain property of the City of Elgin and maintained in the records section of the Elgin Police Department. 3. Hours of Work. The Officers shall be assigned to ECC full time.The total hours of service provided to ECC shall be 3968. 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 6:45 am to 11:00 pm Monday through Friday at the main campus and Fountain Square facilities and 9:00 am to 5:00 pm Saturday at the main campus 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 City's Chief of Police.ECC shall have the right to request the replacement by the City's Chief of Police of any police department employees assigned to ECC facilities who are not reasonably acceptable to ECC. 5.Status of Employees.Officers assigned to provide police services for ECC shall remain City 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 police department employees. 7.Relationship of Parties.It is understood by the parties hereto that the City and its police department employees are independent contractors with respect to ECC, and no City police department employee assigned to ECC shall be construed as 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 perfornance 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 protection for the City against claims of 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 by Officers 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 by Officers pursuant to this agreement. 2 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.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's police department. 11. 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/her designee.In the instance of any such redeployment the City shall provide prompt notice to ECC, with adjustments in payment by ECC accordingly. 1.2. Absence of Employees. In the event of the unavailability of any City's Police Department employee assigned to ECC,through the use of benefit time,sickness,injury,or any other reason, that City's Police Department employee shall not be replaced by another City Police Department employee,unless the City's Police Department employee's absence is due to permanent disability.In any such instance,the City shall provide prompt notice to ECC as to the nature of the absence and the expected duration, with adjustments in payment by ECC accordingly. 13.Work slowdown.1n 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 City's Chief of Police,with adjustments in payment by ECC accordingly. 14. 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. 15.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. The City agrees to reimburse ECC for all prepaid but unearned services. 16.Payment. The first year of this contract will include payment by ECC for services provided under this agreement totaling $$215,076.48 which includes all costs (personnel, benefits, equipment). The total contract amount shall not exceed $215,076.48, including $210,076.48 for salaries and benefits and the$5000.00 yearly cost of the patrol vehicle Payments shall be in installments of$17,506.37 a month for officers' services and shall be made by ECC within fifteen days of receipt of monthly billing from the City.The$5000.00 cost of the patrol vehicle can be made in a lump sum payment during the first quarter of each year.Payments for the second and third years of this agreement from the date of this agreement will be modified to reflect any changes in wages and benefits as may be applicable pursuant to any collective bargaining agreement in City's sole discretion.It is agreed and understood that the City owns and 3 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. 17.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 Erin: Elgin Community College: Lisa Womack,Chief Emad Eassa,Chief Elgin Police Department Elgin Community College 151 Douglas Avenue 1700 Spartan Drive Elgin,Illinois 60120 Elgin,Illinois 60123 18.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 original agreements or negotiations between the parties.Both ECC and the,City will retain an original signed agreement. 19. Amendment. This Agreement may be modified or amended but only through a written amendment executed by both parties hereto. This agreement will be reviewed on an annual basis. 20. 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. 21.Wavier 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. 22.Applicable Law.This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the enforcement of any rights and the resolution of any disputes arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois. 23. 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. 24. 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 4 any of the civil immunities afforded the City of ECC pursuant to the Local Governmental and Governmental Employees Tort Immunity Act at 745 ILCS 10/1-101, et seq., as amended, or otherwise provided by law, it being agreed that all of the civil immunities set forth in such an Act,as amended,or otherwise provided by law,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 the City as a result of this agreement or any actions of the parties pursuant to this agreement shall not be liable to ECC 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. 25. Reopening and early termination. Should ECC change its hours of operation at its main 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 2009-2010,2010-2011,and 2011- 201.2,as to the cost for 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.If such written notice is given,then this Contract will terminate as of June 30th of the then existing Contract year. IN' WITNESS WHEREOF, the parties hereto have executed this agreement at Elgin, Illinois,on the date first written above. ELGIN COMMUNITY COLLEGE CITY OF ELGIN,an Illinois DISTRICT No.509,COUNTIES OF municipal corporation KANE,COOK,DUPAGE,MCHENRY,AND DEKALB,STATE OF ILLINOIS, a Public Community College By: ' By: re� President Mayor Att r _ Attest: l— ,_sem•r �etil a�n City Clerk F1Legal Dept\Agreement\ECC-Police Services-2009-clean 4-29-09.doc 5 —City Of Elgin Agenda Item No. April 23,2009 i TO: Mayor and Members of the City Council �rfi�a ra ut tp FROM: Olufemi Folarin,City Manager Cecil Smith,Deputy Chief of Pflice SUBJECT: Renewal of the Contract Between Elgin Community College and Elgin Police Department Regarding Police Services 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 1,2009 through June 30,2012. RECOMMENDATION It is recommended that the City Council approve the agreement with ECC for police services in the amount of$215,076.48. BACKGROUND The Elgin Police Department began supplying three officers to enhance police services to the downtown and main campuses of ECC in 1994. Due to budgetary constraints, ECC has requested two officers(rather than the current three)for the duration of this agreement. ECC will reimburse the City for ninety four percent(94%) of the officer(s) salary, benefits and a $5,000 yearly vehicle reimbursement cost. These officers are occasionally relied upon to patrol neighborhoods surrounding ECC. ECC has enjoyed the heightened sense of security and therefore they have requested to renew this contract for an additional three years. The ECC Board has considered and approved this contract for the upcoming three years. COMMUNITY GROUPSANTERESTED PERSONS CONTACTED None Renewal of ECC Contract with Police April 23,2009 Page 2 FINANCIAL IMPACT Services provided to ECC under the first year of the contract will total $215,076.48, ($111,742.81 per officer at 94% reimbursement plus a $5,000 yearly vehicle reimbursement cost). The remaining two years of the agreement 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. Reimbursement from ECC is credited to the General Fund.,account number 010-2308- 534.01-01,Special Detail-Elgin Community College, LEGALIMPACT W" '/None ALTERNATIVES 1. The City Council may choose to approve the agreement with ECC for police services in the amount of$215,076.48. 2. The City Council may choose to reduce the number of officers supplied to ECC. 3. The City Council may choose to end this contractual agreement and stop supplying officers to ECC. Respectfully submitted for Council consideration. Attachment Officer Dan Keen Officer Joe Riordan Police Patrol Officer-Step VI Salary(7/1/2009) $ 77,862.37 Life Insurance 12 7.35 88.20 Medical Insurance 12 $1,436.68 17,240.16 Liability Insurance 2.032% 1,582.16 Medicare 1.450% 1,129.00 Pension 6.140% 4,780.75 Unemployment 45.00 Workman's Compensation 2.970% 2,312.51 Holiday Pay 12 3,593.65 Sick Incentive 12 240.00 Longevity Pay(1/1/2009) 1,750.00 Uniform allowance 800.00 Centre Membership 319.00 Annual cost Per Officer $111,742.81 X 2 $223,485.62 Reimbursed at 94% $210,076.48 Work day cost(248 days) Per Day $847.00 Per Officer $423.54 Yearly Patrol Vehicle Cost $5,000.00 Officer staffing cost July 1,2009-June 30 2010 $215,076.48 AGREEMENT FOR POLICE SERVICES THIS AGREEMENT is hereby made and entered into this day of , 2009, by and between the City of Elgin, Illinois, a municipal corporation, (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, 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 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 mutually acknowledged,the parties hereto agree as follows: 1. Term of Agreement. This Agreement shall become effective on July 1,2009,and terminate on June 30,2012. 2. Description of Services. The City,through its police department,will provide a total of two uniformed sworn officers (hereinafter referred to as "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 and/or 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 -1- 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 state statutes, county ordinances, city ordinances,and all traffic and parking regulations of the State of Illinois,City,and ECC. This authority is granted to the City on a continual basis. All records of reports generated by the officers for Part I and Part II crimes as defined by the Federal Bureau of Investigation Uniform Crime Reporting,shall remain property of the City of Elgin and maintained in the records section of the Elgin Police Department. 3. Hours of Work. The Officers shall be assigned to ECC full time. The total hours of service provided to ECC shall be 3968.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 6:45 am to 11:00 pm Monday through Friday at the Main and Fountain Square facilities and 9:00 am to 5:00 pm Saturday at the main campus 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 City's Chief of Police. ECC shall have the right to request the replacement by the City's Chief of Police of any police department employees assigned to ECC facilities who are not reasonably acceptable to ECC. 5. Status of Employees. Officers assigned to provide police services for ECC shall remain City 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 police department employees. 7. Relationship of Parties. It is understood by the parties hereto that the City and its police department employees are independent contractors with respect to ECC, and no City police department employee assigned to ECC shall be construed as 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 protection for the City against claims of 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 by Officers 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 -2- prosecution occurring as a result of the existence of this agreement or services performed by Officers 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. 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's police department. 11. 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/her designee. In the instance of any such redeployment the City shall provide prompt notice to ECC. 12. Absence of Employees. In the event of the unavailability of any City's Police Department employee assigned to ECC,through the use of benefit time,sickness,injury,or any other reason, that City's Police Department employee shall not be replaced by another City Police Department employee,unless the City's Police Department employee's absence is due to permanent disability. In any such instance,the City shall provide prompt notice to ECC as to the nature of the absence and the expected duration. 13. 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 City's Chief of Police,with adjustments in payment by ECC accordingly. 14. 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. 15. 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 non-breaching party may terminate this agreement. ECC shall be liable for payment to the City of all actual costs incurred through such termination date; provided,however,that in the event of any such termination by either party hereto City shall not be liable to ECC for any monetary damages for any reason or in any forum. 16. Payment. The first year of this contract will include payment by ECC for services provided under this agreement totaling$215,076.48 which includes all costs(personnel,benefits, equipment). The total contract amount shall not exceed$215,076.48,including$210,076.48 for salaries, benefits and the $5,000.00 yearly cost of a patrol vehicle. Payments shall be in installments of$17,923.04 a month and shall be made by ECC within fifteen days of receipt of monthly billing from the City.The$5,000.00 yearly cost of the patrol can be made in a separate lump sum payment during the first quarter of each year.Payments for the second and third years of this agreement from the date of this agreement will be modified to reflect any changes in -3- wages and benefits as may be applicable pursuant to any collective bargaining agreement in City's sole discretion. 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. 17. 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 ECC Lisa Womack,Chief Emad Eassa,Chief Elgin Police Department Elgin Community College 151 Douglas Avenue 1700 Spartan Drive Elgin,Illinois 60120 Elgin,Illinois 60123 18. 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 original agreements or negotiations between the parties. Both ECC and the City will retain an original signed agreement. 19. Amendment. This Agreement may be modified or amended but only through a written amendment executed by both parties hereto. This agreement will be reviewed on an annual basis. 20. 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. 21. Wavier 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. 22. Applicable Law. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the enforcement of any rights and the resolution of any disputes arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois. 23. 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. 24. 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 -4- 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 wavier of any of the civil immunities afforded the City of ECC pursuant to the Local Governmental and Governmental Employees Tort Immunity Act at 745 ILCS 10/1-101, et seq., as amended, or otherwise provided by law,it being agreed that all of the civil immunities set forth in such an Act,as amended,or otherwise provided by law,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 the City as a result of this agreement or any actions of the parties pursuant to this agreement shall not be liable to ECC 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. 25. 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 tinder 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 2009- 2010,2010-2011,and 2011-2012,as to the cost for 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. If such written notice is given, then this Contract will terminate as of June 30`h of the then existing Contract year. 26. Severability. The terms of this agreement shall be severable. In the event that any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. 27. Compliance with Laws. Notwithstanding any other provision of this agreement it is expressly agreed and understood that in connection with the performance of this agreement that the ECC shall comply with all applicable Federal,State,City and other requirements of law, including,but not limited to,any applicable requirements regarding prevailing wages,minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, ECC hereby certifies,represents and warrants to the City that all ECC'S employees and/or agents who will be providing products and/or services with respect to this agreement shall be legal residents of the United States. ECC shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this agreement. The City shall have the right to audit any records in the possession or control of the ECC to determine ECC'S compliance with the provisions of this section. In the event the City proceeds with such an audit the ECC shall make available to the City the ECC'S relevant records at no cost to the City. 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 President Attest: CITY OF ELGIN By: Mayor Attest: FALegal Dept\Agreement\ECC-Police Services 2009-clean-3-25-09.doc -6- — City Of Elgin Memorandum Date: May 26,2009 To: Cecil Smith,Police Deputy Chief From: Jennifer Quinton,Deputy City Clerk Subject: Resolution No.09-120,Agreement for Police Services,Adopted at the May 13, 2009,Council Meeting Enclosed please find the above referenced agreements. Please have these agreements signed and executed by the Elgin Community College and return one fully executed copy to the City Clerk's office for the City's records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you.