09-194 A
Resolution No. 09-194
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH SCHOOL DISTRICT U-46
PROVIDING FOR POLICE LIAISON OFFICERS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and
directed to execute an Agreement on behalf of the City of Elgin with School District U-46 providing
for a police liaison officers for the 2009-2010 school year, a copy of which is attached hereto and
made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: August 26, 2009
Adopted: August 26, 2009
Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
AGREEMENT
BETWEEN THE CITY OF ELGIN AND SCHOOL DISTRICT U-46 PROVIDING FOR
A POLICE LIAISON OFFICER
This Agreement is entered into this 27 day of Ali Zoog , by and between the City of Elgin,
Illinois, a municipal corporation (hereinafter referred to as "City of Elgin") and the Board of
Education of School District U-46, a unit school district organized under the statutes of the State of
Illinois (hereafter referred to as "District").
WHEREAS, the District desires to have, on a contract basis, Police Liaison Officers
("PLOs") detailed to the District's Schools.
WHEREAS,the City of Elgin is willing to provide such PLOs in exchange for the payment
outlined in this Agreement; and
WHEREAS, both the 1970 Illinois Constitution, (Article VII, Section 10) and the
Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., authorize and encourage
intergovernmental cooperation; and
WHEREAS,both the City of Elgin and the District are interested in promoting the safety and
security of the staff, students and school premises in the District; and
WHEREAS,the City of Elgin and the District have entered into similar Intergovernmental
Agreements for said PLOs and that all previous said Intergovernmental Agreements are terminated
and that the terms and conditions of this Intergovernmental Agreement will be binding between the
parties for the services of PLOs.
NOW,THEREFORE,in consideration of the promises,covenants,terms and conditions set
forth in this Agreement, the parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS
The foregoing recitals are incorporated into and made a part of this Agreement as if fully set
forth herein.
SECTION 2. TERM
This Agreement shall be effective beginning August 1,2009,and shall terminate on July 31,
2010.
SECTION 3. PURPOSE
The purpose of the Police Liaison Officer Program is to facilitate,promote,and help maintain
a safe and secure environment on campuses that is conducive to learning and child development.By
establishing a working relationship with school personnel, a cooperative effort to prevent juvenile
delinquency is formed. Having law enforcement officers on campus will promote positive attitudes
regarding the role of law enforcement in society, and inform students of their rights and
responsibilities as lawful citizens.
SECTION 4. OBLIGATIONS AND RESPONSIBILITIES OF CITY OF ELGIN
4.0 Provide Police PLOs to the District for Interview
If and when the position of PLO is vacant,the City of Elgin's Police Department will provide
to the District qualified candidates to interview. The District and Police Department shall build a
collective consensus for the final selection. The Police Department candidates shall have the
following qualifications:
1. Special interest and understanding of juveniles, their problems and concerns;
2. Effective verbal and written communication skills; good report writing skills;
3. Strong leadership abilities; ability to function as a strong role model;
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4. Positive, proactive attitude; excellent interpersonal and problem-solving skills;
ability to resolve conflicts;
5. Self-motivated; ability to work with minimal supervision; ability to work
independently or in a team-oriented approach; sound judgment and decision-
making skills;
6. Ability to interact effectively and productively with Police Department, courts,
school staff, students and parents;
7. Training and experience in public speaking;
8. Experience in and knowledge of Juvenile Law, rules of evidence and
constitutional protections;
9. Experience in and knowledge of drug and gang awareness;
10. Non-probationary police employee;
11. Excellent attendance record.
4.1 Organizational Relationships:
The Police Department shall assign to the District on a full-time basis the officer chosen to act as the
PLO. The PLO shall report to the school's Principal or Principals. However, the PLO will remain
an employee of the Police Department and all personnel rules applicable to the City of Elgin's police
officers shall continue to apply to the PLO, and the PLO will at all times abide by all personnel rules
of the Police Department. Moreover, the City of Elgin shall be fully responsible for all employee-
related obligations.
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4.2 Duties and Responsibilities of PLO
The duties and responsibilities of the PLO assigned to the District shall include, but not be
limited to, the following:
1. Serve as an educational liaison between the school community and the police
department;
2. Enforce all laws, municipal ordinances, and applicable District policies and
procedures, including any applicable Reciprocal Reporting Agreement;
3. Coordinate all matters relevant to student and staff that deal with the City of Elgin's
police jurisdiction within District U-46;
4. Assist school personnel when they are interacting with difficult and/or aggressive
students, parents or community members;
5. When requested, attend meetings or school functions;
6. Provide assistance as a member of the District's Crisis Team;
7. Provide information and give presentations to students, staff and parents;
8. Assist parents of students who have involvement with the juvenile court system;
9. Interact with students through positive role modeling;
10. Refer troubled students to proper professional help;
11. Build a rapport with the court system, students, staff and parents;
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•
12. Appear and testify in court proceedings and school suspension review and expulsion
hearings as necessary,unless said appearance and/or testimony would interfere with
any pending or reasonably contemplated law enforcement proceedings and/or
criminal investigation;
13. Assist, as needed, with the enforcement of school rules;
14. Assist school officials in the enforcement of truancy laws;
15. Be cognizant of patterns of delinquency and problem areas, and communicate
situations of parental neglect or abusive home environments with home visits, as
necessary and appropriate;
16. Provide appropriate assistance in runaway minor incidents;
17. Plan a proactive approach to deal with any gang related problems;
18. Assist in incidents involving persons trespassing and committing criminal acts on
school property. Check unauthorized personnel in and around the school;
19. Act as the Police Department's consultant to the school in matters of law
enforcement related to juveniles and adults;
20. Assist the administration with crowd and vehicle control during the school day and
during special events, and coordinate additional help if needed;
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21. Meet regularly with the school counselors and deans in an attempt to identify
individuals or conditions that could result in delinquent behavior, formulate plans
and offer solutions;
22. Meet periodically with building and District administration to discuss and evaluate
Police Liaison activities;
23. Maintain a record of daily activities; and
24. Provide a setting in which students can confidentially report criminal activity,past or
planned.
4.3 District and City of Elgin to Agree on Modifications to Duties and Responsibilities.
District retains the right to add,delete,and update essential job duties and responsibilities as
necessary, subject to approval of the City of Elgin.
4.4 Work Slowdown.
In the event the City of Elgin 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 payments by U-46 accordingly.
4.5 Additional Services.
Any and all necessary backup services,including equipment and personnel,required to assist
PLOs in the performance of their obligations under this Agreement shall be at the sole discretion and
control of the Chief of Police of the City of Elgin.
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SECTION 5. OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES FOR PLO
COMPENSATION
5.1 District shall reimburse the City of Elgin for all costs, including all salary and benefits, for
the PLO's assigned to schools as designated in Section 5 of this agreement. Upon the selection of
each PLO,the City of Elgin shall prepare and forward to the District a statement substantially in the
form attached hereto and incorporated herein as Exhibit "A" setting forth the daily rate of
compensation.
District further agrees to pay, in addition to the daily rate, all overtime costs incurred by the
City of Elgin as a result of the PLO's working overtime hours for ongoing or emergency services or
for services which have been approved by the applicable school principal or his/her designee. An
hourly overtime rate shall be listed in Exhibit "A".
All overtime hours which do not result from the performance of ongoing or emergency
services must first be approved by the school principal or his/her designee. The District will not pay
unapproved overtime hours which do not result from the performance of ongoing or emergency
services. Oral requests for overtime services made less than 24 hours before the commencement of
the overtime shall constitute District approval of the overtime hours. All other requests for overtime
shall be in writing and delivered to the PLO more than 24 hours in advance of the commencement of
overtime work.
All PLO's shall submit overtime reports on a weekly basis to the applicable principals for
approval on the District's designated form for accounting purposes in addition to the City of Elgin's
overtime slips.
5.2 City of Elgin shall pay PLO's salary, benefits and costs, and shall invoice District in ten
monthly increments for reimbursement as provided for herein
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SECTION 6. ACCOMMODATIONS
The District will provide office space,telephone,and"such other accommodations as maybe
reasonably necessary to perform the services provided for herein".
SECTION 7. STAFFING
The City of Elgin will assign police PLOs to serve as a PLO for the school calendar year(178
Days),of which the PLO shall work eight(8)hours per day except as otherwise provided for herein.
The 178 days of assignment includes; 173 of school attendance days according to the current school
calendar, two days for registration, beginning of the year open house, and_the two days before
school starts.
The City of Elgin shall assign: Three high school PLO's at:
Elgin High, Larkin High, and Gifford Street/Central Schools Program and
Four Middle School PLO's at:
Abbott, Ellis, Kimball, and Larsen
SECTION 8. ABSENCE OF EMPLOYEES
In the event of the unavailability of any PLO due to sickness, injury, use of benefit time, or
any other reason, such PLO shall be temporarily replaced by another City of Elgin police employee
as determined by the Chief of Police at no additional cost to the District. The replacement PLO must
be trained for juvenile work. In any such instance, the City of Elgin shall provide prompt notice to
the applicable School as to the nature of the absence, the expected duration, and the identity of the
replacement PLO.
SECTION 9. TERMINATION
Either party may terminate this Agreement at any time by providing the other party with at
least thirty(30)days prior written notice of such termination. In addition,the parties may terminate
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this Agreement by mutual consent and agreement. In the event of emergency, safety issue, or any
other condition that constitutes a substantial threat to the health or safety of students, employees or
others at the School or District, as determined by the District in its sole reasonable discretion, the
District may immediately suspend this Agreement until such condition has been remedied to the
District's satisfaction.
SECTION 10. INDEMNIFICATION
10.1 The District shall and hereby does indemnify and hold harmless the City of Elgin, its Police
Department and its employees against any claims, demands, loss, costs and expenses, including
reasonable attorney's fees for the defense thereof, arising from or in connection with the activities
contemplated hereunder, provided that said claims, demands, costs and expenses have not been
caused by the negligence or willful misconduct of the PLOs,the City of Elgin,its Police Department
or its employees.
10.2 The shall and does hereby indemnify and hold harmless the District, its employees,
volunteers and agents against any claims, demands, loss, costs and expenses, including reasonable
attorney's fees for the defense thereof, arising from or in connection with the negligence or willful
misconduct of the PLOs,the City of Elgin,its Police Department or its employees provided that said
claims,demands,costs and expenses have not been caused by the negligence or willful misconduct
of the District, its employees, volunteers, and/or agents.
10.3 Notwithstanding any provisions herein to the contrary,this Agreement is entered into solely
for the benefit of the contracting parties,and nothing in this Agreement is intended,either expressly
or impliedly,to provide any right or benefit of any kind whatsoever to any person and entity who is
not a party to this Agreement or to acknowledge, establish or impose any legal duty to any third
party. Nothing herein shall be construed as an express and/or implied waiver of any common law
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and/or statutory immunities and/or privileges of the School District and/or City of Elgin and/or any
of their respective officials, officers, employees, volunteers and or/agents.
10.4 Notwithstanding any provision herein to the contrary,the insurance company,self-insurance
pool, risk pool provider, self-insured party, or similar entity of the party providing the
indemnification shall be allowed to raise,on behalf of the other party, any and all defenses statutory
and/or common law to such claim or action which the other party might have raised, including but
not limited to any defense contained within the Illinois Governmental and Governmental Employees
Tort Immunity Act, 75 ILCS § 10/1-101 et seq.
SECTION 11. STUDENT RECORDS:
All records maintained in connection with the school or its students shall be the sole property
of the District and shall be maintained at the District in accordance with all applicable State and
Federal laws and regulations. The parties further agree to comply with all state and federal laws and
regulations governing the release of these records. In addition, City of Elgin and any persons
handling records on its behalf shall comply with the Illinois School Student Records Act, 105 ILCS
10/1 et seq., and all corresponding regulations.
All records maintained in connection with the police department shall be the sole property of
the police department and shall be maintained at the police department in accordance with all
applicable State and Federal laws and regulations. The parties further agree to comply with all state
and federal laws and regulations,including a reciprocal reporting agreement if applicable,governing
the release of these records.
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SECTION 12. GENERAL PROVISIONS
12.0 Amendment
Any terms or conditions of this Agreement may be deleted or altered only by written
agreement to this Agreement, duly executed by the City of Elgin and the District.
12.1 Severability
If any provision of this Agreement shall be held or deemed to be, or shall in fact be
inoperative or unenforceable in any particular case or in all cases for any reason,this shall not render
the provision in question inoperative or unenforceable in any other case or circumstances,or render
any other provisions herein contained invalid,inoperative,or unenforceable to any extent whatever.
The invalidity of any one or more phrases, sentences,clauses or sections contained in the Agreement
shall not affect the remaining portions of the Agreement or any part thereof.
12.2 Interpretation
Any headings of the Agreement are for convenience of reference only and do not define or
limit the provisions thereof Words of gender shall be deemed and construed to include correlative
words of other genders. Words importing the singular shall include the plural and vice versa,unless
the context shall otherwise indicate. All references to any such person or entity shall be deemed to
include any person or entity succeeding to the rights,duties,and obligations of such person or entity
succeeding to the rights,duties,and obligations of such person or entity in accordance with the terms
and conditions of the Agreement.
12.3 Assignment/Binding Effect
Neither party hereto may assign their respective rights and duties hereunder except upon prior
written consent of the other party. This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective assigns, legal representatives and successors in interest.
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12.4 Waiver of Breach
If either party waives a breach of any provision of this Agreement by the other party, that
waiver will not operate or be construed as a waiver of any subsequent breach by either party or
prevent either party from enforcing such provisions.
12.5 Merger Clause, Amendment
This Agreement sets forth all of the entire understanding of the parties relative to the subject
hereof and supersedes any and all prior agreements, express or implied, oral or written. No
amendment or modification of this Agreement shall be effective unless reduced to writing and
executed by the parties.
12.6 Counterparts
This Agreement may be executed in several counterparts each of which shall be an original
and all of which shall constitute but one and the same instrument.
12.7 Compliance with All Laws
The City of Elgin and the District shall at all times observe and comply with the laws,
ordinances, regulations and codes of Federal, State, County and other local government agencies,
which may in any manner affect the performance of this Agreement.
12.8 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State
of Illinois and applicable federal law. Venue for any state action shall be in the Circuit Court for the
Sixteenth Judicial District, Kane County and venue for any federal action shall be in the Northern
District of Illinois.
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12.9 Disclaimer of Relationship
Nothing contained in this Agreement, nor any act of the City of Elgin or the District,
respectively, shall be deemed or construed by any of the parties hereto or by third persons,to create
any relationship of a third-party beneficiary, principal, agent, limited or general partnership,joint
venture, or any association or relationship involving the City of Elgin or the District respectively.
12.10 Notice
Any and all notices required to be delivered hereunder shall be deemed delivered when and
if personally delivered, or mailed by registered or certified mail, return receipt requested, postage
prepaid(or sent by a recognized overnight courier service with instructions and payment for delivery
on the next business day) to the parties as set forth below:
If to the District:
Superintendent
School District U-46
355 East Chicago Street
Elgin, IL 60120-6543
and
Executive Director of Operational Services
School District U-46
355 East Chicago Street
Elgin, IL 60120-6543
If to City of Elgin:
Chief of Police
City of Elgin
151 Douglas Ave
Elgin, IL 60120
Either party hereto may change the names and address of the designee to whom notice shall
be sent by giving written notice of such change to the other party hereto in the same manner as all
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other notices are required to be delivered hereunder. Notice as provided herein does not waive
service of summons or process.
CITY OF ELGIN SCHOOL DISTRICT U-46
By: "Geed• _ By:
6/:-4---‘----—
City of Elgin City ager resident
Attest: Attest/
' :: ..A__ _,,,,.:,----- ki..Q...,J=Esrt.. il ' g•••Ass--
City of Elgin Cle Secretary
Dated: `...i..A.5%.„, 1 , oc Dated: //01/eci° p
F:\Legal Dept\Agreement\U-46 Police Liaison Officers-2009-2010.doc
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EXHIBIT "A"
COST WORKSHEET
City of Elgin 2009-2010
Salary and Benefits Cost
Worksheet
Police Patrol Officer/SLO Number of Annual Cost
Percentage Payments
Salary(7/1/2009) $77,862.37
Life Insurance 7.35 12 88.20
Medical Insurance $1,436.68 12 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 240.00
Longevity Pay(1/1/2009) 1,550.00
Uniform allowance 800.00
Centre Membership 319.00
Per Officer $111,542.81
Total Annual Cost Per PLO 7 $780,799.67
(260 days=$429.00 per days)
Daily Cost 178 U-46 school days $429.01 X 178 days $76,363.78
at 75%
Cost per officer
$57,272.84
Number of officers 7
7
U-46 Officer staffing cost July 1,2009-June 30 2010 for 7 officers $400,909.99
City's remaining cost for the officers
$379,889.67
Invoices to the District—10 at$40,090.99
Overtime hourly rate for SLO $57.00
Special Duty hourly rate for events(Athletic,Dances,etc) $62.00
Note: Over for SLOs represents an average of the range of over time between 56.15 and 57.75 per hour.
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Ea
August 20, 2009
` i I:
TO: Mayor and Members of the City Council 1 '_
FROM: Sean R. Stegall, City Manager
Cecil E. Smith, Deputy Chief of Police
SUBJECT: School Liaison Contract with U-46 for 2009-10 School Year
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 Police (School) Liaison Program between the City
of Elgin and School District U-46 for the 2009-2010 School Year.
RECOMMENDATION
It is recommended that the City Council approve an agreement with School District U-46 for the
continuance of the Police (School) Liaison Program in the amount of$400,909.99.
BACKGROUND
The City of Elgin and School District U-46 implemented a School Liaison Program in 1987.
Through the School Liaison Program, now referred to as the Police Liaison Program, seven Elgin
police officers were assigned to the three high schools and four middle schools. Three officers
will be assigned to the three high schools and Four officers will be assigned to the 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 and 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 school district and the City to
combat gang recruiting and reduce the incidents of violence in and around the schools. The
officers are returned to the department for reassignment during summer recess.
School Liaison Contract with U-46 for 2009-10 School Year
August 20, 2009
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
The cost of the seven (7) police officers is approximately $780,799.67. The agreement calls for
School District U-46 to reimburse the City 100% of the cost for the seven officers for the 178
days that school is in session, or approximately 75% of the total cost. Therefore, $400,909.99
(plus all over-time costs incurred by police liaison officers) would be reimbursed by the district
leaving the remainder, $379,889.67, to be funded by the City. The reimbursement from School
District U-46 is deposited in the General Fund, account number 010-2304-509.03-00.
There are sufficient funds budgeted ($5,325,630) and available ($2,607,819.32) in the General
Fund, Police Department budget, account number 010-2304-731.01-01 to fund the City's portion
of the agreement.
LEGAL IMPACT
None
ALTERNATIVES
1. The City Council may choose to approve an agreement with School District U-46 for the
continuance of the Police (School) Liaison Program in the amount of$400,909.99.
2. The City Council may choose not to continue the Police (School) Liaison Officer
Program.
3. The City Council may direct staff to attempt to negotiate a larger participation with U-46.
Respectfully submitted for Council consideration.
rd
Attachment
2
S
OFEtC
"``'""t' Memorandum
City of Elgin
4
o , I
�RATCD Ft
Date: September 2, 2009
To: Cecil Smith, Deputy Police Chief
From: Jennifer Quinton, Deputy City Clerk
Subject: Resolution No. 09-194, Adopted at the August 26, 2009, Council Meeting
Enclosed you will find the agreement referenced below. Please have these agreements signed
and executed by the School District U-46 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.
• School Liaison Contract with School District U-46 for the 2009-2010 School Year