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HomeMy WebLinkAboutRESOLUTION - 50-23 - 10/10/2023 - SCHOOL DISTRICT 54 - SCHOOL RESOURCE OFFICER AGREEMENTRESOLUTION NO.50-23 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND SCHOOL DISTRICT #54 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked: INTERGOVERNMENTAL AGREEMENT PROVIDING FOR VILLAGE OF ELK GROVE VILLAGE SCHOOL RESOURCE OFFICER FOR SCHOOL DISTRICT #54 a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this loth day of October 2023 APPROVED this 101h day of October 2023 Mayor -Craig . Johnson Village of E Grove Village ATTEST: Loretta M. Murphy, Vi age Cle INTERGOVERNMENTAL AGREEMENT PROVIDING FOR VILLAGE OF ELK GROVE VILLAGE SCHOOL RESOURCE OFFICER FOR SCHOOL DISTRICT # 54 THIS AGREEMENT is ENTERED INTO BY AND BETWEEN School District #54, Schaumburg, Illinois, Cook County, Illinois (hereinafter called "District 54") and the Village of Elk Grove Village, a body corporate and politic (hereinafter called Village"). WITNESSETH: WHEREAS, District 54 desires to have a Village of Elk Grove Village School Resource Officer (S.R.O.) detailed to Mead Junior High School and other Elk Grove Village District 54 schools, on a contract basis; and WHEREAS, the Village is willing to provide such an officer in exchange for the payment referenced 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 (1992) authorizes and encourages intergovernmental cooperation; and WHEREAS, both the Village and District 54 are interested in promoting the safety and security of the staff, students and school premises in District 54. NOW, THEREFORE, in consideration of the premises, 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 full set forth herein. SECTION 2. Obligations and Responsibilities of the Village 2.0 Provide Villaize Police Officers to District 54 for Interview The Elk Grove Village Police and School District 54 shall collaborate on selecting the actual Elk Grove Village Police Officer who will be assigned to Mead Junior High and other Elk Grove Village District 54 schools. The parties acknowledge that officers may change due to unforeseen circumstances, including promotion, retirement, and similar Page 1 of 9 circumstances, but every effort shall be made to have the same police officer from August until June of school year. The Village shall provide the officers with the following qualifications: State of Illinois Certified Police Officer Juvenile Certification Minimum 2 years of police service Trained in gang resistance and alcohol/drug resistance curricula Verbal, written and interpersonal skills including public speaking Knowledge of, and experience in, matters involving cultural diversity Educational background/experience Must be able to function as a strong role model 2.1 Assignment of Village Police Officer to District 54 Following the selection of the officer, the Village shall assign to District 54 the officer to act as the School Resource Officer on issues of security and community education. However, the Village Police Officer will remain an employee of the Village and all personnel rules applicable to said Village Officer shall continue to apply to the officer and the officer will at all times abide by all personnel rules of the Village of Elk Grove Village and the Rules, Regulations, and General Orders of the Police Department. 2.2 Duties and Responsibilities of Village Police Officer The Village Police Officer assigned to District 54 shall have the following duties and responsibilities: Educational Responsibilities Work cooperatively with the school administration and staff to plan and schedule appropriate lessons in gang/violence and drug and alcohol resistance education. 2. Teach lessons in gang/violence resistance and drug and alcohol resistance to all junior high school students. 3. Assist the curriculum department in evaluating curriculum units taught on gang/violence and drug/alcohol resistance education. 4. Actively participate on the District 54 Drug Advisory Committee. Provide training for faculty and staff on the role of the police liaison as well as on topics of interest and importance to the staff related to her/his expertise. Page 2 of 9 Resource Responsibilities Maintain office hours each day for consultation with students. 2. Work collaboratively with the PTA to arrange and participate in parent/community education sessions. 3. Interact with students as a positive role model during lunch and study hall periods. 4. Work collaboratively with administrators and counselors to develop strategies for dealing with behaviorally at risk students. Establish a working relationship with behaviorally at risk students. Security Responsibilities Maintain a high level of visibility during school entrance and dismissal times as well as during passing periods. 2. Meet with school administrators to advise them of potentially violent situations and to plan for the safe resolution of those situations. 3. Follow building and district behavior policies, using police authority in necessary situations. Body Worn Camera (BWC) The Elk Grove Village Police Department recognizes that the duties and working environment for School Resource Officers (SROs) are unique within law enforcement. It is recognized that SROs are required to maintain school safety while keeping the sanctity of the learning environment that the school provides. SROs are expected to continuously build trusting relationships with students and staff. They also have impromptu interventions with students to de-escalate arguments and conflicts. It is with this understanding that additional restrictions are placed on the SRO when using BWCs during school hours or events. BWCs shall always be activated when required by law. The BWC should not be activated when engaged in the following situations: 1. Conversations with students that are not related to a crime. 2. Meetings with staff in reference to delinquent behavior and developing response plans. Informal relationship building conversations with students and staff. Discussions and presentations for instructional purposes. It is recognized that SROs often have conversations with students/staff that are unrelated to the investigation of a crime and fall under the definition of a community caretaking function. It is not appropriate to record these conversations as it diminishes the trust between the individual and the SRO. Body Worn Camera videos shall remain the property of the Elk Grove Village Police Department. The Officer shall service District 54 on a full time basis, and shall perform the above mentioned tasks with due diligence and to the best of her/his ability. Page 3 of 9 SECTION 3. Obligations and Responsibilities of District 54 District 54 will reimburse the Village for 9/12 of the cost of a Police Officer according to the following formula, attached hereto and marked Exhibit A, which may be reviewed, modified and/or changed on an annual basis. For purposes of reimbursement of cost, District 54 shall abide by the terms of the Collective Bargaining Agreement between the Village of Elk Grove Village and Chapter 141 of The Metropolitan Alliance of Police. SECTION 4. Term This agreement shall commence on August 1, 2023 and continue in full force and effect up to and including My31, 2024, and thereafter shall be automatically renewed on an annual basis subject to the reimbursement provisions of Section 3 above. Either party may terminate this Agreement at any time during the term by providing the other party thirty (30) days prior written notice of such termination. In addition, the parties may terminate this Agreement by mutual consent and agreement. Page 4 of 9 SECTION 5. Liabilijy. Responsibility, and Authority District 54 shall and hereby does indemnify and hold harmless the Village of Elk Grove Village and its officers or employees against any claims, demands, 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 of the Village and its officers or employees. The Village shall and does hereby indemnify and hold harmless District 54, its officers, and employees, against any claims, demands, 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 of District 54 and its officers or employees. SECTION 6. General Provisions 6.0 Amendment to the Contract Any terms or conditions of this agreement may be deleted or altered only by written agreement to this Agreement, duly executed by the Village and District 54. 6.1 Good Faith Both the Village and District 54 have an obligation to perform their duties under this Agreement in good faith. 6.2 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 on 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. Page 5 of 9 6.2 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. 6.3 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 representative and successors in interest. 6.4 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. 6.5 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. 6.6 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. 6.7 Compliance with All Laws The Village and District 54 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. Page 6 of 9 6.8 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 shall only be proper in a court of competent jurisdiction located within the County of Cook, Illinois. 6.9 Disclaimer of Relationship Nothing contained in this Agreement, nor any act of the Village of District 54, 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 Village or District 54, respectively. 6.10 Notice Any and all communications regarding the terms of this Agreement shall be in writing and sent by registered or certified mail and addressed, if to District 54, to Superintendent of Schools, School District 54, 524 E. Schaumburg Road, Schaumburg, Illinois 60194; if to the Village, to the Village Manager, Village of Elk Grove Village, 901 Wellington, Elk Grove Village, Illinois 60007. Notice shall be effective at dispatch. Notice as provided herein does not waive service of summons or process. NI ITNESS WHEREOF, the Village and District 54 have executed this Agreement on thekday of 0 , 2023. Page 7 of 9 SIGNATURE PAGE VILLAGE OF ELK GROVE VILLAGE ATTEST: By:� r Lorrie M rphy - Village Clerk VILLAGE OF ELKZROVE PILLAGE us Page 8 of 9 r '��'� ��� �� \ l �, �� `; .� ATTEST: By: SIGNATURE PAGE SCHOOL DISTRICT # 54 SCHOOL DISTRICT #54 B : ��• Y Superintendent, School District 54 Page 9 of 9 Appendix A 2023-2024 School Year Elk Grove Village Police Officer Billing Rate for School Resource Officer SD 54 TOTAL COST 9/12 COST ITEM COST 2023-2024 Salary per union contract $ 112,349 $ 84,262 Longevity per union contract $ 1,475 $ 1,106 Firearms Certification per union contract $ 2,125 $ 1,594 Medicare Tax 1.45% $ 1,629 $ 1,222 Pension Normal Cost of Actuary Report, 26.22% $ 23,192 $ 17,394 Medical Per HR Worksheet $ 26,829 $ 20,122 Dental Per HR Worksheet $ 1,332 $ 999 Life Per HR (.112 per thousand mo.) $ 94 $ 71 Work Comp Budget / #EE $ 1,429 $ 1,071 Clothing Allowance per union contract $ 700.00 $ 525.00 ANNUAL COST $ 171,154 $128,366 Page 10 of