09-82 Resolution No. 09-82
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
THE LARKIN CENTER, INC.
FOR A SCHOOL LIAISON OFFICER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,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 The Larkin Center, Inc. for a
school liaison officer, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: April 8, 2009
Adopted: April 8, 2009
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
POLICE LIAISON OFFICER AGREEMENT
THIS AGREEMENT made and entered into this 26th day of Feb-
ruary, 2009, by and between the City of Elgin, a municipal cor-
poration, organized and existing under the constitution and the
statutes of the State of Illinois (hereinafter referred to as
the "City" ) and The Larkin Center, Inc. , a social service
agency organized under the statutes of the State of Illinois
and located in the City of Elgin, (hereinafter referred to as
"Larkin" ) ;
WITNESSETH
WHEREAS, City of Elgin and Larkin Center have each deter-
mined interests that it is in their best interests to provide
police liaison services at its facilities, which are located
within the City of Elgin at 515 Sports Way (hereinafter re-
ferred to as "School" or "the school") ; 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 Larkin are actions that 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 valu-
able consideration, the sufficiency of which is hereby mutually
acknowledged, the parties agree as follows :
1 . Term of Agreement . This agreement shall become effective
on January 29, 2009, and terminate on June 30 , 2009 .
2 . Description of Services . Beginning January 29, 2009, and
continuing through the term of this agreement, the City, through
its police department shall provide one (1) uniformed, sworn
school liaison officer (hereinafter referred to as "Officer"
"the officer" or "SLO" ) to the Larkin Center for use at the
school .
a . This Agreement is made pursuant to City' s School Liaison
Officer program. Generally this program involves the as-
signment of a City of Elgin police officer to schools . The
salary and benefits of the assigned officer shall be pro-
vided solely by City. The officer shall remain an employee
of the City. The officer shall cooperate with and be under
the general direction of Larkin staff, and shall establish
and operate such programs and activities as may be consis-
tent with the intent of Larkin Center . However, the officer
will remain an employee of the City and under the supervi-
sion and authority of the police department' s chief of po-
lice and all personnel rules applicable to the City' s po-
lice officers shall continue to apply to the officer, and
the officer will at all times abide by all personnel rules
of the City' s police department . Moreover, the City shall
be fully responsible for all employee-related obligations .
b. As a member of the police department, the officer shall
conduct all phases of investigations of all criminal and
quasi-criminal acts which may occur during the school day.
Larkin shall cooperate with any such investigations and
subsequent proceeding related thereto to full extent of the
law; Larkin ' s policies, rules and regulations; and, con-
tractual obligations to regulations promulgated by State
and Federal agencies that Larkin services .
c. During extended school breaks, and during the summer
term, the officer shall be assigned in the City' s police
department as operationally necessary and directed by the
City' s chief of police.
d. The duties of the officer may include, but are not lim-
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ited to, the following:
i . Promote rapport between police officer and stu-
dents in the school .
ii . Appropriately intervene, pursuant to estab-
lished protocols, where the safety of either staff
or students is in jeopardy.
iii . Promote a working relationship with school
staff.
iv. Meet periodically with administration to discuss
and evaluate police counselor activities .
v. Make presentations to students, parents, and staff
members on law and law enforcement, safety and
good citizenship.
vi . Refer troubled students to proper professional
help within the school and police department .
vii . Participate in the planning and implementa-
tion of all relevant Larkin programs .
viii . Deal fairly and effectively with juvenile
offenders .
ix. Assist school officials in the enforcement of
truancy laws and work with truancy detail .
x. Assist Larkin, as may be appropriate, including,
but not limited to providing truthful testimony, in
any matters related to City' s performance of this
agreement with the circuit court .
xi . Work beyond regular scheduled hours when required
to successfully complete an assignment or case.
3 . Staffing. The program shall consist of the City assign-
ing one officer to the school, to act as the SLO. The SLO shall
begin his or her duties on the first effective day of this
agreement and continue each day that school is in session in the
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fall, spring and winter terms, until the termination date of
this agreement .
4 . Salaries and Other Related Costs . Larkin shall reimburse
the City or the officer' s salary and benefits in the amount of
$34, 058 . 09 (personnel, and benefits costs) for the officer' s
services during the term of this agreement . The officer will be
assigned to the Larkin Center for a total of eighty (80) school
days during the duration of this agreement .
Larkin shall pay for any overtime expenses necessitated by
Larkin scheduling requirements and in conjunction with officers '
duties at the officer ' s overtime rate as established by the City
through contractual agreements. If required by Larkin, such
overtime hours shall include, but are not limited to, the offi-
cer' s attendance at school dances, athletic events, or other
school related extra-curricular activities scheduled by Larkin.
City shall calculate overtime costs as approved by Larkin
and submitted by the officers, and then bill Larkin for any
overtime costs incurred. Billing shall occur at the end of each
semester period.
Additionally, Larkin shall provide the officer with office
space, telephone and other related commodities as previously
contributed, plus personal vehicle expenses incurred for school
business at the current rate established by the City of Elgin.
5 . Hours of Work. The days and hours of work are typically
Monday through Friday, inclusive, from 8 : 00 a.m. until 4 : 00 p.m.
6 . Assignment of Employees . All police department employees
assigned to the school shall be at the joint determination and
discretion of the City, the City' s chief of police and Larkin.
7 . Status of Employees . All City employees assigned to pro-
viding police services for Larkin shall remain City employees
4
and shall not have any right, status or benefit of Larkin em-
ployment.
8 . Payment of Employees . Larkin shall not be liable for the
direct payment of salaries, wages or other compensation to City
employees except as otherwise specifically provided herein. City
will be responsible for all payroll tax withholding and report-
ing for the officer.
9 . Relationship of Parties . It is understood by the parties
hereto that City and its employees are independent contractors
with respect to Larkin, and no City employee assigned to Larkin
is an employee of Larkin. Larkin shall not provide fringe bene-
fits, including health insurance benefits, workers ' compensa-
tion, retirement, paid vacation, or any other employee benefit,
for the benefit of any City employee. This agreement shall not
be construed to create a partnership, joint venture, employment
or agency relationship, and shall not create any additional du-
ties, either special or otherwise, on City or Larkin.
10 . Assignment . The obligations of the parties hereto may
not be assigned or transferred to any other person, firm, corpo-
ration, or body politic, without the prior written consent of
both parties hereto.
11 . Performance of Service . The officer shall perform gen-
eral law enforcement duties and such other duties as assigned by
the City' s chief of police, consistent with the provisions of
this agreement and on the grounds of an institution of educa-
tion. City shall determine and apply standards for performance
and discipline used in the delivery of the contract police ser-
vices . It is agreed and understood that the services the City
will provide pursuant to this agreement are general law enforce-
ment services only and that no special duty shall be created by
this agreement . It is further understood and agreed that this
agreement is not intended nor shall be construed to alter, limit
5
or constitute a waiver of any of the civil immunities afforded
the City and/or its employees pursuant to the Local Governmental
and Governmental Employees Tort Immunity Act (745 1LCS 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 Act,
as amended, shall fully apply to any claims asserted or which
might be asserted against the City and/or its employees as a re-
sult of this agreement or any of the actions of the parties pur-
suant to this agreement . Without limiting the foregoing, it is
further agreed and understood that the City and/or its employees
as a result of this agreement or any actions of the parties pur-
suant to this agreement shall not be liable to Larkin 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. All records of reports gener-
ated by the officer shall remain property of the City and main-
tained in the records section of the City' s police department.
12 . Accountability of Employees . The officer shall at all
times be under the ultimate direction and control of the City' s
chief of police.
13 . Interruptions in Service . The parties hereto acknowl-
edge and understand that temporary regular or special deployment
of the officer may be necessary. Any and all such redeployment
shall be at the sole discretion of the City' s chief of police or
designee . In the instance of any such redeployment the City
shall provide prompt notice to the school and monitor the safety
of the school during the officer ' s absence .
14 . Absence of Employees . In the event of the unavailabil-
ity of the officer due to sickness, injury, use of benefit time,
or any other reason, the officer shall be temporarily replaced
by another City police officer as determined by the City' s chief
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of police at no additional cost to Larkin. In any such instance,
the City shall provide prompt notice to the school as to the na-
ture of the absence, the expected duration, and the identity of
the replacement officer
15 . Work Slowdown. In the event the City experiences any
work slowdown or stoppage in its police force, the level of ser-
vice provided to Larkin under this agreement shall be at the
discretion of the City' s chief of police with adjustments in
payment by Larkin accordingly.
16. Additional Services . Any and all necessary backup ser-
vices, including equipment and personnel, required to assist the
officer in the performance of the obligations under this agree-
ment shall be at the sole discretion and control of the City' s
chief of police.
17 . Penalty for Breach. In the event that either party
fails to perform its obligations under this agreement, and if
said failure to perform shall continue for thirty (30) days af-
ter written notice thereof is given to the party having failed
to perform, the other party may terminate the agreement . Larkin
shall be liable for payment to the City for actual costs in-
curred through the proposed termination date. In such event,
neither party shall be liable for any additional damages, either
direct or indirect .
18 . Payment. Payment by the Larkin Center for services pro-
vided under this agreement shall be also include any overtime as
provided for herein, which includes all costs (personnel, bene-
fits, equipment) . Invoices shall be generated in monthly in-
stallments through the term of this agreement . Larkin shall make
payments within fifteen (15) days of receipt of billing from the
city.
19 . Notices . All notices required or permitted under this
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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:
Lisa Womack
Elgin Police Department
150 Dexter Court
Elgin, IL 60120
The Larkin Center, Inc. :
Michele Potter
The Larkin Center
1212 Larkin Avenue
Elgin, IL 60123
20 . Entire Agreement . This agreement contains the entire
agreement of the parties hereto and there are no other promises
or conditions or any other agreement whether oral or written.
This agreement supersedes any prior written or oral agreements
or negotiations between the parties .
21 . Amendment . This agreement may be modified or amended
only through a written amendment executed by both parties
hereto. This agreement will be reviewed on an annual basis .
22 . Severability. If any provision of this agreement shall
be held to be void, invalid or unenforceable for any reason, the
remaining provisions shall remain in fall force and effect.
23 . Waiver of Contractual Right . The failure of either
party to enforce any provision of this agreement shall not be
construed as a waiver or limitation of that party' s right to
subsequently enforce and compel strict compliance with every
provision of this agreement .
24 . Applicable Law. This agreement shall be governed by the
laws of the State of Illinois . Any action brought pursuant to
this agreement shall be brought in the Circuit Court of Kane
County, Illinois .
25 . Annual Review. The terms and conditions of this agree-
8
ment shall be reviewed on an annual basis .
IN WITNESS WHEREOF, the parties hereto have executed this
agreement at Elgin, Illinois, on the date first written above.
THE LARKIN CENTER CITY OF ELGIN
BY: /III ... i ■ 1.L!.. BY % -
Cit Mana.er'
Attest :
City Clerk
9
February 5, 2009
TO: Mayor and Members of the City Council — --
FROM: Olufemi Folarin, City Manager
Cecil E. Smith, Deputy Chief of Police
SUBJECT: Agreement for Larkin Center School Liaison Officer
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information regarding a proposed School Liaison Officer Agreement with the Larkin Center,
515 Sports Way, Elgin, Illinois.
RECOMMENDATION
It is recommended that the City Council renew a contract with the Larkin Center to provide
police services in the form of a School Liaison Officer in the amount of$34,058.09.
BACKGROUND
The Larkin Center initially entered into an agreement with the Elgin Police Department in
January, 2005 for the services of a School Liaison Officer. Since that time, the parties have
enjoyed a cooperative and productive relationship. The school liaison program has provided a
significant increase in safety in the school as well as providing a mentor/positive adult role
model in the form of a professional police officer. The officer will continue to work with and
monitor students at the Larkin Center, some of whom suffer from considerable behavioral
disorders. During the summer months or when the Larkin Center is not in session, the officer
will report back to the Police Department for assignment. The school anticipates enrollment of
80 students during the January to June 2009 school year. Students range in age from nine
through 21. The average length of stay is 18 months with all students receiving therapeutic
services.
The school liaison position is utilized in a patrol related function on average five times a day.
Most of these police related functions do not result in arrest due to the rapid response of a police
presence. This rapid response has led to a decrease in violent acts towards staff that would
normally have to maintain an emotionally disturbed student until a police officer arrives. In
addition, a rapport is cemented between the police and the students as a result of day to day
contact, which would not be possible with a rotating police presence associated with patrol.
Larkin Center School Liaison Officer
February 5, 2009
Page 2
Currently, the school liaison officer arrests on average five students a month since the start of the
school liaison position in January, 2005. The Liaison officer will assist the Juvenile Division
with the top 10% of the Larkin Center's runaways in addition to the officer's regular duties as a
school liaison officer. It is proposed that the officer will be assigned to the Larkin Center for 80
days through June 30, 2009. Prior to the beginning of the 2009/2010 school year, both parties
will review all aspects of the agreement to determine if it should be continued, modified or
eliminated.
GROUPS/INTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
The annual cost of a police officer, including salary and benefits, is approximately $112,800.
Larkin Center will utilize the services of an officer from January to June of 2009 which
represents 80 days or $34,058.09. The agreement with Larkin Center will reimburse the City
$34,058.09 toward the cost of an officer plus any additional overtime costs. There are sufficient
funds budgeted ($5,325,630) and available ($5,083,994) in the General Fund, Police Department
budget number 10-2304-731.01-01, Personnel, for this expense.
LEGAL IMPACT
None
ALTERNATIVES
1. The City Council may choose to enter into a School Liaison Officer Agreement with the
Larkin Center.
2. The City Council may choose not to enter into a School Liaison Officer Agreement and
respond to calls for service at the Larkin Center as requested.
Respectfully submitted for Council consideration.
CES/ces
Attachment
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�y OF FCC
os `\\ City of Elgin Memorandum
0 _+
0,rIa I)CO'
Date: April 14, 2009
To: Cecil Smith, Police Deputy Chief
From: Jennifer Quinton, Deputy City Clerk
Subject: Resolution Nos. 09-82, Adopted at the April 8, 2009, Council Meeting
Enclosed you will find the agreement listed below. Please distribute to the appropriate parties
and if needed, retain a copy for your 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.
• Agreement with the Larkin Center for a School Liaison Officer