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HomeMy WebLinkAboutOrdinances - ORD-19-1937 - 03/18/2019 - IGA McHenry High School D156 Resource OfficerCITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER ORD-19-1937 An Ordinance authorizing the Mayor's and Deputy City Clerk's Execution of an Intergovernmental Agreement between the City of McHenry and McHenry High School District 156 Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois March 18, 2019 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 18th day of March 2019. ORDINANCE NO 19- 1 q3 7 AN ORDINANCE AUTHORIZING THE MAYOR'S AND DEPUTY CITY CLERK'S EXECUTION OF A INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MCHENRY AND MCHENRY HIGH SCHOOL DISTRICT 156. WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the Mayor and the McHenry City Council desire to enter into an Intergovernmental Agreement with McHenry High School District 156 for the continued use of the School Resource Officer Program. follows: NOW, THEREFORE, BE IT ORDAINED by the Mayor and the McHenry City Council as SECTION 1: a. The Amended School Resource Officer Intergovernmental Agreement, a copy of which is attached hereto as Exhibit A and made a part hereof, is hereby approved. b. The Mayor of the City of McHenry and the Deputy City Clerk are hereby authorized to executive said agreement. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by a Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED and APPROVED this 181 day of March 2019. Voting Aye: la lc� WC Mqr> Voting y lab t �ceVA � Abstaing: C Not Voting: Absent: ayor TEST: s City Clerk Exhibit A SRO Intergovernmental Agreement AMENDED SCHOOL RESOURCE OFFICER INTERGOVERNMENTAL AGREEMENT This agreement made and entered into this 18th day of March 2019, to provide law enforcement services in the form of assigned School Resource Officer(s) within the McHenry School District 156 high schools is made and entered into by the City of McHenry, Illinois ("City") and the Board of Education of McHenry High School District 156 ("District 156"), Illinois. WHEREAS, the City is a Home Rule Municipal Corporation organized and existing under the law of the State of Illinois, and has waived the restrictions of 65 ILCS 5/8-1-7 which may relate to this Agreement and is exercising its home rule power by entering into this agreement; and, WHEREAS, District 156 is a Community Unit School District organized and existing under the laws of the State of Illinois: and, WHEREAS, both the City and District 156 are authorized and empowered to contract with one another pursuant to the provisions of the Constitution of the State of Illinois of 1970, Article VII, Section 10, and Section 3 of the "Intergovernmental Cooperation Act" (5ILCS 220/3): and, WHEREAS, the City and District 156 have determined through their respective governing bodies that it is in the respective best interests to enter into an Agreement to provide for on premise law enforcement services in the form of School Resource Officer(s): NOW THEREFORE in consideration of the premises and other mutual and valuable consideration, the receipt and sufficiency whereof is herewith acknowledged, the parties hereto agree as follows: 1. PURPOSE OF PROGRAM This program has been instituted by School Board District 156 in cooperation with the City of McHenry Police Department, to fulfill the following needs: A. Protect students and faculty from acts of violence within the school(s) B. Maintain a better personal relationship between law enforcement agents, students in the high school, parents, and the community in general. C. Assist in the educational programs in which safety and law violations are involved. D. Protect the students and the school from theft, vandalism, trespassing, and other violations of the law. E. Deal more effectively with juvenile offenses. 2. PROGRAM This program, involves the selection of two (2) City of McHenry Police Officers for assignment to McHenry High School District 156 as School Resource Officers for the period of the school year as defined. While remaining an employee of the McHenry Police Department, it is understood that direction will come from the designated school official within the school. School Resource Officers will perform their duties in civilian clothes or Class D Uniform during regular school hours on school days. School Resource Officers will be equipped as required by their duties. The scope of the School Resource Officer's duties and responsibilities may be changed or redefined at any time when agreed upon by the police department and high school administration. As a member of the police department, the School Resource Officer will conduct original and follow-up investigations of all criminal and alleged criminal activities which occur during the regular school day and also respond to all calls for service at or around the school facility while on duty. Administratively, the School Resource Officer is assigned to the Investigative Division of the McHenry Police Department. The Chief of Police retains the right and authority to assign investigations to School Resource Officers, which arise out of criminal activities involving school activities, property, or of the students' relationship with the school. School Resource Officers will be responsible for conducting these investigations in conjunction with other defined duties and responsibilities. During summer break, one (1) School Resource Officer will be assigned to District 156 on days in which Summer School is in session. 3. DUTIES AND RESPONSIBILITIES The duties and responsibilities of School Resource Officers include but are not limited to the following: A. Lead in the development or revision of safety related school plans. B. Respond to and take action on acts of violence or other violations of the law that occur on school property. C. Promote a positive relationship and enhance communications between police officers, Students, Faculty and staff at their respective high schools. D. Make presentations in a classroom learning environment as it relates to law, law enforcement, safety and good citizenship. E. Promote a positive relationship with school staff and counselors to identify problems and define solutions. F. Lead in the development of prevention programs as required by the staff members of the police department and high school. G. Consult with police department personnel and school officials to promote a comprehensive knowledge of activity within the school and community. H. Reports by School Resource Officers shall be handled as follows: 1. File the appropriate reports of incidents with school officials as are required by school policy. These reports will remain confidential and may be reviewed as permitted by school policy. 2. File the appropriate reports of criminal incidents with the police department as required by police department policy. These reports may remain confidential. They will be reviewed and used as permitted by law and police department policy. 3. All reports may be shared and used only to the extent permitted by law. I. Enforce all federal, state statutes and municipal ordinances referring all matters of school discipline to the proper school authorities. J. Provide assistance in securing the school and surrounding area from unauthorized vehicles and persons in or around the school and prevent loitering in the school area. K. Assist school staff in the event of an emergency. L. Maintain a record of daily activities. M. Serve as a resource person for students with problems when violations of the law are involved including truancy. N. Work with parents on runaway problems. O. Meet regularly with district's administration to discuss and evaluate School Resource Officer activities. P. Submit monthly activity summary reports to the Investigative Division Supervisor to whom the School Resource Officer is responsible. Q. Perform other responsibilities as assigned by the designated school official(s). R. Conduct regular staff training for school faculty. 4. CONDITIONS OF EMPLOYMENT A. The program shall consist of the City assigning two (2) police officers to High School District 156 to act as School Resource Officers during the regular school year and one (1) Resource Officer on days in which summer school is in session. B. The District Superintendent shall assign a designated administrator(s) to work with each School Resource Officer on developing programs and other activities. C. School Resource Officers are considered employees of the City of McHenry Police Department on special assignment to High School District 156 during the entire school year. School Resource Officers shall not be used by the police department during normal school hours or during assigned school activity, except by mutual agreement between the District Superintendent and the Chief of Police, or in an emergency situation, as determined by the Chief of Police. D. The work week during the school year shall correspond to the normal work week of a police detective in the City. This shall be eight -hour days, five (5) days a week, exclusive of holidays. Exceptions to the normal work week will be made for special school events ("Special Events"), in which the School Resource Officer's presence is required. A Special Event is any activity outside of normal school hours for which District 156 requests the presence of one or more City police officers. Examples of Special Events include but are not limited to sporting events, dances and graduation. E. District 156 shall be responsible for setting the hours of each School Resource Officer when school is in session, including decisions on reduced hours to accommodate the need for the School Resource Officer to work Special Events. District 156 agrees to pay all overtime incurred by any City police officer at a Special Event, regardless of whether the School Resource Officer or another City police officer works the event. F. A School Resource Officer shall be compensated in accordance with the applicable Union agreement. Payment of any and all overtime for a School Resource Officer during the school year will be the responsibility of District 156. The City of McHenry will prepare an accounting of the School Resource Officer's reported overtime and submit a bill to the school district along with the monthly billing statement. G. The City of McHenry will provide specialized youth training for the officers selected to be School Resource Officers. The School District will permit the School Resource Officers to attend training required by the police department as part of their duties during the school year. The amount of hours spent in training, during the school year should not exceed 40 hours. H. Only one (1) School Resource Officer per school day should be away from the school on pre - scheduled benefit time or training while school is in session and only after approval is granted by the school and police department. Exceptions to this rule may occur but only with prior approval from District 156 Super intendant and the Chief of Police. The School District will not unreasonably deny the School Resource Officer requests for pre -scheduled benefit time during the school year. In accordance with their collective bargaining agreement, the School Resource Officer will be permitted to utilize pre -scheduled benefit time while the officer is assigned to the school. 5. CONFLICTS In the event of a conflict between any request, instruction, designation or order given by the School Resource Officer's police supervisor and designated school supervisor, related to the duties and responsibilities of the School Resource Officer position, the police supervisor's request, instruction, designation or order shall take precedence. District 156 acknowledges receipt of a copy of the collective bargaining agreement ("CBA") between the City and the police union, and agrees to abide by the CBA and that the CBA will take precedence in the event of a conflict with this Agreement. 6. STAFFING A. Both the City and District 156 understand the importance and are committed to the School Resource Officer Program. Furthermore, both the City and District 156 agree to staffing the program with two (2) School Resource Officers for each school year and one (1) School Resource Officer on days in which summer school is in session. B. For purposes of selecting designated School Resource Officers, the Chief shall provide the District Superintendent or designee(s) with the names of all the qualified candidates. The Superintendent and/or designee(s) along with police supervisory personnel will then interview officers qualified for the position. The final selection of all School Resource Officers will be made with the approval of the Chief of Police and the District Superintendent as a cooperative effort. If this Agreement is not reached in a timeframe deemed reasonable by the Chief of Police, this Agreement may be deemed cancelled upon notice by the Chief of Police to the District Superintendent. C. School Resource Officers shall begin their tour of duty in the beginning of each respective school year, on a date set and agreed upon by the Chief of Police and the District Superintendent. School Resource Officer(s) shall be subject to primary supervision by the Investigation Section supervisor and secondary supervision by the designated school administrator(s). D. The respective school designee shall coordinate the daily duties and activities of the School Resource Officer in consultation with the police department's Investigation Section supervisor. 7. FEE STRUCTURE The salary, benefits and expenses of each School Resource Officer shall be paid by the City. District 156 agrees to reimburse the City its proportionate share of salary, benefits, and holiday pay of each School Resource Officer. District 156 shall pay its share of the cost of each active and approved School Resource Officer position, as described here, in two equal installments each year. District 156 agrees to pay installments on August lst and January l' for each respective school year. For each approved School Resource Officer placed into the Program, the City and District 156 agree to a 70/30 split of the actual cost of a one (1) year McHenry police officer as defined by the pricing for the 2019/20 City fiscal year. Actual costs of a one (1) year officer are defined by the collective bargaining agreement and the City's annual benefit package cost. Furthermore, the City and District 156 agree to maintain this 70/30 fee structure throughout the term of the agreement. The City and District 156 agree to the following payment structure cap, per School Resource Officer, during the term of the agreement, based on the estimated 3% increase in actual costs of a one (1) year McHenry police officer, regardless of the experience of the selected School Resource Officer. School Year. City's Annual Responsibility per Officer° District 156 August lst Installment . per Officer District 156 January 15t Installment per Officer,:, - fficer _: 2019/20 33,048.00 38,556.00 38,556.00 2020/21 34,039.00 39,713.00 39,713.00 2021/22 35,060.00 40,904.00 40,904.00 2022/23 36,112.00 42,131.00 42,131.00 2023/24 37,195.00 43,395.00 43,395.00 8. TERM OF AGREEMENT This agreement is a limited term agreement and shall commence on June 1, of 2019 and expire on May 31It, 2024. The term of this agreement is designed to allow for an active School Resource Officer Program for the following school years; 2019/20, 2020/21, 2021/22, 2022/23, 2023/24. Provided, however, either party hereto may cancel this Agreement prior to May 31, 2024, for any reason or no reason at all, upon a minimum of twelve (12) months prior written notice to the non - terminating party (`Early Termination"). The parties hereto agree that damages, in the event of an Early Termination by District 156 are difficult if not impossible to calculate and for that reason, in the event District 156 activates its Early Termination right, it will be obligated to pay to the City, as liquidated damages, and not as a penalty, the following sum that the Parties hereto deem to be a reasonable forecast of loss to the City: 100 % of the Fees due pursuant to paragraph 7, below, on accelerated basis for the entire fiscal year in which the Early Termination was activated. 9. INDEMITY District 156 shall indemnify and hold the City harmless from any and all loses, costs, demands, damages, actions or causes of action, including attorney's fees arising out of, proximately caused by or incurred by reason of any negligent, grossly negligent, or willful act or omission by the School Resource Officer(s) while performing the duties and responsibilities set forth in Section 3 above, or while otherwise under the specific direction and/or control of the assigned District supervisor(s) or District, while on school property and during school hours, provided that said claims, demands, costs and expenses have not been directly caused by the negligence or misconduct of the School Resource Officer(s), the City or the City's other employees. To this end, District 156 shall have all applicable liability policies amended or additional endorsements issued in order to extend coverage to the School Resource Officer(s) and the City under all applicable insurance policies and endorsements as a "Loaned Employee" while acting within the scope of this Agreement. The City hereby indemnifies and shall hold District 156 harmless of and from any and all loses, costs, demands, damages, actions or causes of action, including attorney's fees arising out of, proximately caused by or incurred by reason of any act or omission by the School Resource Officer(s) occurring on School Property while either acting outside of the scope of this Agreement or acting under the specific direction and/or control of a McHenry Police Supervisor. To this end, the City shall maintain all applicable liability policies in order to maintain coverage for the School Resource Officer. 10. EFFECTIVE DATE This Agreement fully amends and restates the School Resource Officer Intergovernmental Agreement between the parties hereto dated May 4, 2014 and this Amended agreement has been authorized and approved by City Council of the City of McHenry and execution by the Mayor and City Clerk and upon approval of the School Board of McHenry Community Unit School District 156. In Witness Whereof, the parties have hereunto set their hands and seals as of day and year first above written. CITY OF MCHENRY, an Illinois Municipal corporation Mayor SCHOOL DISTRICT 156, an Illinois public school district President, Board of Education TEST: ATTEST: i erk 10. EFFECTIVE DATE This Agreement fully amends and restates the School Resource Officer Intergovernmental Agreement between the parties hereto dated May 4, 2014 and this Amended agreement has been authorized and approved by City Council of the City of McHenry and execution by the Mayor and City Clerk and upon approval of the School Board of McHenry Community Unit School District 156. In Witness Whereof, the parties have hereunto set their hands and seals as of day and year first above written. CITY OF MCHENRY, an Illinois Municipal corporation 1,461'e Mayor T: City Clerk SCHOOL DISTRICT 156, an Illinois public school district President, B and of Education ATTEST: -;7L - f e— f1p AMENDED SCHOOL RESOURCE OFFICER INTERGOVERNMENTAL AGREEMENT This agreement made and entered into this 18th day of March 2019, to provide law enforcement services in the form of assigned School Resource Officer(s) within the McHenry School District 156 high schools is made and entered into by the City of McHenry, Illinois ("City") and the Board of Education of McHenry High School District 156 ("District 156"), Illinois. WHEREAS, the City is a Home Rule Municipal Corporation organized and existing under the law of the State of Illinois, and has waived the restrictions of 65 ILCS 5/8-1-7 which may relate to this Agreement and is exercising its home rule power by entering into this agreement; and, WHEREAS, District 156 is a Community Unit School District organized and existing under the laws of the State of Illinois: and, WHEREAS, both the City and District 156 are authorized and empowered to contract with one another pursuant to the provisions of the Constitution of the State of Illinois of 1970, Article VII, Section 10, and Section 3 of the "Intergovernmental Cooperation Act" (5ILCS 220/3): and, WHEREAS, the City and District 156 have determined through their respective governing bodies that it is in the respective best interests to enter into an Agreement to provide for on premise law enforcement services in the form of School Resource Officer(s): NOW THEREFORE in consideration of the premises and other mutual and valuable consideration, the receipt and sufficiency whereof is herewith acknowledged, the parties hereto agree as follows: 1. PURPOSE OF PROGRAM This program has been instituted by School Board District 156 in cooperation with the City of McHenry Police Department, to fulfill the following needs: A. Protect students and faculty from acts of violence within the school(s) B. Maintain a better personal relationship between law enforcement agents, students in the high school, parents, and the community in general. C. Assist in the educational programs in which safety and law violations are involved. D. Protect the students and the school from theft, vandalism, trespassing, and other violations of the law. E. Deal more effectively with juvenile offenses. 2. PROGRAM This program, involves the selection of two (2) City of McHenry Police Officers for assignment to McHenry High School District 156 as School Resource Officers for the period of the school year as defined. While remaining an employee of the McHenry Police Department, it is understood that direction will come from the designated school official within the school. School Resource Officers will perform their duties in civilian clothes or Class D Uniform during regular school hours on school days. School Resource Officers will be equipped as required by their duties. The scope of the School Resource Officer's duties and responsibilities may be changed or redefined at any time when agreed upon by the police department and high school administration. As a member of the police department, the School Resource Officer will conduct original and follow-up investigations of all criminal and alleged criminal activities which occur during the regular school day and also respond to all calls for service at or around the school facility while on duty. Administratively, the School Resource Officer is assigned to the Investigative Division of the McHenry Police Department. The Chief of Police retains the right and authority to assign investigations to School Resource Officers, which arise out of criminal activities involving school activities, property, or of the students' relationship with the school. School Resource Officers will be responsible for conducting these investigations in conjunction with other defined duties and responsibilities. During summer break, one (1) School Resource Officer will be assigned to District 156 on days in which Summer School is in session. 3. DUTIES AND RESPONSIBILITIES The duties and responsibilities of School Resource Officers include but are not limited to the following: A. Lead in the development or revision of safety related school plans. B. Respond to and take action on acts of violence or other violations of the law that occur on school property. C. Promote a positive relationship and enhance communications between police officers, Students, Faculty and staff at their respective high schools. D. Make presentations in a classroom learning environment as it relates to law, law enforcement, safety and good citizenship. E. Promote a positive relationship with school staff and counselors to identify problems and define solutions. F. Lead in the development of prevention programs as required by the staff members of the police department and high school. G. Consult with police department personnel and school officials to promote a comprehensive knowledge of activity within the school and community. H. Reports by School Resource Officers shall be handled as follows: 1. File the appropriate reports of incidents with school officials as are required by school policy. These reports will remain confidential and may be reviewed as permitted by school policy. 2. File the appropriate reports of criminal incidents with the police department as required by police department policy. These reports may remain confidential. They will be reviewed and used as permitted by law and police department policy. 3. All reports may be shared and used only to the extent permitted by law. I. Enforce all federal, state statutes and municipal ordinances referring all matters of school discipline to the proper school authorities. J. Provide assistance in securing the school and surrounding area from unauthorized vehicles and persons in or around the school and prevent loitering in the school area. K. Assist school staff in the event of an emergency. L. Maintain a record of daily activities. M. Serve as a resource person for students with problems when violations of the law are involved including truancy. N. Work with parents on runaway problems. O. Meet regularly with district's administration to discuss and evaluate School Resource Officer activities. P. Submit monthly activity summary reports to the Investigative Division Supervisor to whom the School Resource Officer is responsible. Q. Perform other responsibilities as assigned by the designated school official(s). R. Conduct regular staff training for school faculty. 4. CONDITIONS OF EMPLOYMENT A. The program shall consist of the City assigning two (2) police officers to High School District 156 to act as School Resource Officers during the regular school year and one (1) Resource Officer on days in which summer school is in session. B. The District Superintendent shall assign a designated administrator(s) to work with each School Resource Officer on developing programs and other activities. C. School Resource Officers are considered employees of the City of McHenry Police Department on special assignment to High School District 156 during the entire school year. School Resource Officers shall not be used by the police department during normal school hours or during assigned school activity, except by mutual agreement between the District Superintendent and the Chief of Police, or in an emergency situation, as determined by the Chief of Police. D. The work week during the school year shall correspond to the normal work week of a police detective in the City. This shall be eight -hour days, five (5) days a week, exclusive of holidays. Exceptions to the normal work week will be made for special school events ("Special Events"), in which the School Resource Officer's presence is required. A Special Event is any activity outside of normal school hours for which District 156 requests the presence of one or more City police officers. Examples of Special Events include but are not limited to sporting events, dances and graduation. E. District 156 shall be responsible for setting the hours of each School Resource Officer when school is in session, including decisions on reduced hours to accommodate the need for the School Resource Officer to work Special Events. District 156 agrees to pay all overtime incurred by any City police officer at a Special Event, regardless of whether the School Resource Officer or another City police officer works the event. F. A School Resource Officer shall be compensated in accordance with the applicable Union agreement. Payment of any and all overtime for a School Resource Officer during the school year will be the responsibility of District 156. The City of McHenry will prepare an accounting of the School Resource Officer's reported overtime and submit a bill to the school district along with the monthly billing statement. G. The City of McHenry will provide specialized youth training for the officers selected to be School Resource Officers. The School District will permit the School Resource Officers to attend training required by the police department as part of their duties during the school year. The amount of hours spent in training, during the school year should not exceed 40 hours. H. Only one (1) School Resource Officer per school day should be away from the school on pre - scheduled benefit time or training while school is in session and only after approval is granted by the school and police department. Exceptions to this rule may occur but only with prior approval from District 156 Super intendant and the Chief of Police. The School District will not unreasonably deny the School Resource Officer requests for pre -scheduled benefit time during the school year. In accordance with their collective bargaining agreement, the School Resource Officer will be permitted to utilize pre -scheduled benefit time while the officer is assigned to the school. 5. CONFLICTS In the event of a conflict between any request, instruction, designation or order given by the School Resource Officer's police supervisor and designated school supervisor, related to the duties and responsibilities of the School Resource Officer position, the police supervisor's request, instruction, designation or order shall take precedence. District 156 acknowledges receipt of a copy of the collective bargaining agreement ("CBA") between the City and the police union, and agrees to abide by the CBA and that the CBA will take precedence in the event of a conflict with this Agreement. 6. STAFFING A. Both the City and District 156 understand the importance and are committed to the School Resource Officer Program. Furthermore, both the City and District 156 agree to staffing the program with two (2) School Resource Officers for each school year and one (1) School Resource Officer on days in which summer school is in session. B. For purposes of selecting designated School Resource Officers, the Chief shall provide the District Superintendent or designee(s) with the names of all the qualified candidates. The Superintendent and/or designee(s) along with police supervisory personnel will then interview officers qualified for the position. The final selection of all School Resource Officers will be made with the approval of the Chief of Police and the District Superintendent as a cooperative effort. If this Agreement is not reached in a timeframe deemed reasonable by the Chief of Police, this Agreement may be deemed cancelled upon notice by the Chief of Police to the District Superintendent. C. School Resource Officers shall begin their tour of duty in the beginning of each respective school year, on a date set and agreed upon by the Chief of Police and the District Superintendent. School Resource Officer(s) shall be subject to primary supervision by the Investigation Section supervisor and secondary supervision by the designated school administrator(s). D. The respective school designee shall coordinate the daily duties and activities of the School Resource Officer in consultation with the police department's Investigation Section supervisor. 7. FEE STRUCTURE The salary, benefits and expenses of each School Resource Officer shall be paid by the City. District 156 agrees to reimburse the City its proportionate share of salary, benefits, and holiday pay of each School Resource Officer. District 156 shall pay its share of the cost of each active and approved School Resource Officer position, as described here, in two equal installments each year. District 156 agrees to pay installments on August 1 ` and January I' for each respective school year. For each approved School Resource Officer placed into the Program, the City and District 156 agree to a 70/30 split of the actual cost of a one (1) year McHenry police officer as defined by the pricing for the 2019/20 City fiscal year. Actual costs of a one (1) year officer are defined by the collective bargaining agreement and the City's annual benefit package cost. Furthermore, the City and District 156 agree to maintain this 70/30 fee structure throughout the term of the agreement. The City and District 156 agree to the following payment structure cap, per School Resource Officer, during the term of the agreement, based on the estimated 3% increase in actual costs of a one (1) year McHenry police officer, regardless of the experience of the selected School Resource Officer. s�hQQi b- �spkls��ty? �I�cer c ,= Av�gtb s eii,� ��r�: R Ica 4� J'�` �netper Officer . 2019/20 33,048.00 38,556.00 38,556.00 2020/21 34,039.00 39,713.00 39,713.00 2021/22 35,060.00 40,904.00 40,904.00 2022/23 36,112.00 42,131.00 42,131.00 2023/24 37,195.00 43,395.00 43,395.00 8. TERM OF AGREEMENT This agreement is a limited term agreement and shall commence on June 1, of 2019 and expire on May 31 ", 2024. The term of this agreement is designed to allow for an active School Resource Officer Program for the following school years; 2019/20, 2020/21, 2021/22, 2022/23, 2023/24. Provided, however, either party hereto may cancel this Agreement prior to May 31, 2024, for any reason or no reason at all, upon a minimum of twelve (12) months prior written notice to the non - terminating party (`Early Termination"). The parties hereto agree that damages, in the event of an Early Termination by District 156 are difficult if not impossible to calculate and for that reason, in the event District 156 activates its Early Termination right, it will be obligated to pay to the City, as liquidated damages, and not as a penalty, the following sum that the Parties hereto deem to be a reasonable forecast of loss to the City: 100 % of the Fees due pursuant to paragraph 7, below, on accelerated basis for the entire fiscal year in which the Early Termination was activated. 9. INDEMITY District 156 shall indemnify and hold the City harmless from any and all loses, costs, demands, damages, actions or causes of action, including attorney's fees arising out of, proximately caused by or incurred by reason of any negligent, grossly negligent, or willful act or omission by the School Resource Officer(s) while performing the duties and responsibilities set forth in Section 3 above, or while otherwise under the specific direction and/or control of the assigned District supervisor(s) or District, while on school property and during school hours, provided that said claims, demands, costs and expenses have not been directly caused by the negligence or misconduct of the School Resource Officer(s), the City or the City's other employees. To this end, District 156 shall have all applicable liability policies amended or additional endorsements issued in order to extend coverage to the School Resource Officer(s) and the City under all applicable insurance policies and endorsements as a "Loaned Employee" while acting within the scope of this Agreement. The City hereby indemnifies and shall hold District 156 harmless of and from any and all loses, costs, demands, damages, actions or causes of action, including attorney's fees arising out of, proximately caused by or incurred by reason of any act or omission by the School Resource Officer(s) occurring on School Property while either acting outside of the scope of this Agreement or acting under the specific direction and/or control of a McHenry Police Supervisor. To this end, the City shall maintain all applicable liability policies in order to maintain coverage for the School Resource Officer. Debra Meadows Deputy City Clerk City of McHenry 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2119 www.dmeadows@ci.mchenry.il.us April 2, 2019 Board of Directors, School District 156 Attn: President Gary Kinshofer 4716 W. Crystal Lake Road McHenry, IL 60050 Re: Intergovernmental Agreement between the City of McHenry and McHenry High School District 156 President Kinshofer, Please find enclosed the fully executed Intergovernmental agreement between the City of McHenry and McHenry High School District 156 for continued use of the School Resource Officer Program. ' Blest regards, f /f Debra Meadows Deputy City Clerk