Loading...
HomeMy WebLinkAboutRESOLUTIONS-1992-009-R-921-22-92 • 9-R-92 A RESOLUTION Authorizing the City Manager to Execute an Intergovernmental Cooperation Agreement with the Chicago Transit Authority WHEREAS, the legislature of the State of Illinois approved on April 14, 1945, the Metropolitan Transit Authority Act creating the Chicago Transit Authority ("CTA") as a municipal corporation, for the purpose of public ownership and operation of a transportation system in the metropolitan area of Cook County; and WHEREAS, the security of CTA passengers, employees and property is a matter of public concern and the provision of such • security is in the public interest; and WHEREAS, both the CTA and the Evanston Police Department ("PD") desire to develop a long range strategy for the provision of such security to CTA passengers, employees and property; and WHEREAS, the PD permits sworn officers to volunteer to work during off -duty hours.for municipal corporations separate and independent from the City of Evanston ("City"); and WHEREAS, in furtherance of the provision of security to CTA passengers, employees and property, the CTA and the City wish to provide for the use of volunteer sworn officers; and WHEREAS, the CTA and City are separate and independent municipal corporations, authorized to enter into this Agreement 1 9-R-92 • under the Constitution and the laws of the State of Illinois in accordance with the provisions of the Intergovernmental Cooperation Act, Chapter 127, Section 741 et seq., Illinois Revised Statues, as amended (1987), NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS; SECTION 1: That the City Manager is hereby authorized and is directed to execute the Intergovernmental Cooperation Agreement between the CTA and the City to provide security for CTA passengers, employees and property. Said Intergovernmental Cooperation Agreement shall be in substantial conformity with the Intergovernmental Cooperation Agreement marked as Exhibit A, attached hereto and incorporated • herein by reference. SECTION 2: This Resolution shall be in -full • force and effect from and after the date of its passage and approval in the manner provided by law. ATTEST• r n j City Clerk Adopted: , 1992 2 Mayor 1 INTERGOVERNMENTAL COOPERATION AGREEMENT THIS AGREEMENT, made and:' entered into as of t::e 1st day of January, 1992, by and between the CITY OF EVANSTON, a come rule municipality and municipal corperation, organized and existing under and by virtue of the Conct_tution and laws cf the State of Illinois, through its Department of Police (hereinafter referred to as the "PD") , and the CHICAGO TRANSIT AUTHORITY, a :municipal corporation and unit of local gcvernment organized and existing under and by virtue of the constitution and laws of the State of Illinois (hereinafter referred to as the "CTA"). WITNESSETH: • WHEREAS, the legislature of the State of Illinois approved on April 14, 1945, the Metropolitan Transit Authority P,:t creating the • Chicago Transit Authority as a municipal corporation, for the purpose of public ownership and operation of a transportation system in the metropolitan area of Cook County; and WHEREAS, the security of CTA passengers, employees and property is a matter of public concern and the provision of such security is in the public interest; and WHEREAS, both the CTA and the PD desire to develop a long range strategy for the provision of such security to CTA passengers, employees and property; and 1 • City of Evanston Page 2 `HHEEREAS, t -- P D. a11c'as `.'.vC_.. o-=icers c 'o_.Llnteer to w--r.{ during off -duty 'yours for municipal corporations separate and independent from the CITY OF EVANSTON: and WHEREAS, in furtherance of t'e provision of security to CTA passengers, employees and property, the CTA and the CITY OF EVANSTON wish to herein provide for the use of volunteer sworn officers; and WHEREAS, the CTA and CITY OF EVANSTON are separate and independent municipal corporations, authorized to nter into this Agreement under the Constitution and the laws o= the State of • Illinois in accordance with the provisions of the Intergovernmental Cooperation Act, Chapter 127 § 741 et seq., Illinois Revised Statutes, as amended (1989). • NOW THEREFORE, in consideration of the covenants and mutual agreements herein contained, the parties hereto agree as follows: 1. CTA Special Detail. Pursuant to this Agreement to provide security to CTA passengers, -employees and property, the PD agrees as follows: a) The PD will assign voluntary PD officers on a daily basis on such CTA surface and elevated vehicles, routes and locations as requested by CTA and approved by the PD. b) The PD will facilitate the employment of PD officers on CTA special detail solely at each individual officer's option. The PD will be responsible for accepting requests of officers who wish to participate on a CTA 1 • City of Evanston Page 3 se c i al we ta_ _ . 3_^.� _-.-_ng a ro5 ='fir o= off_ er s whc w sh tc -er:or:,, such '..cr:{ and se_ecting Or`_Cers c`On yflc list. c) Subject to the availability of officers and the availability of funds, PD will provide 2uch service as requested by CTA, including service oi. weekends and holidays. d) The PD officers shall have full authorization to enter into or on all CTA vehicles ( rail and bus) and properties with full rights to enforce law and order and to protect all CTA passengers, employees and property. e) Participation in the CTA special detail shall be voluntary and officers shall only be allowed to participate in the CTA special detail when they are on furlough, regular day -off, day off due to holiday, personal day or compensatory time. 2. Operations. CTA shall establish overall goals and • objectives for the security of its employees, passengers and property. The CTA may make recommendations as to the locations and routes to be patrolled by the PD officers and the.PD shall give those recommendations due consideration. Officers on the CTA special detail shall continue to be subject to the rules and regulations, practices and procedures, of any and all General and Special Orders and directives, any amendments thereto or modification of such rules and regulations, General Orders, Special Orders and directives, as promulgated by the Chief of Police. The daily performance of the CTA special detail shall also be monitored by CTA personnel designated by its Chairman or Executive Director. In addition, the following shall govern operations of the CTA special detail: • 1 • City of Evanston Page 4 a) The CTA may. tiit shall not be required =o, establish a communication system for PD officers and for the b.iring, compensation and ccntiiued employment :)f dispatchers during the term of this Agreement, and the PD shall have no responsibility or liability for said dispatchers or their actions. b) The PD shall maintain weekly deployment schedules and daily logs and statistics on CTA crimes, incidents, arrests and any activity performed by PD officers relating to such incidents. The CTA shall have the right, upon reasonable notice to the PD, to inspect and copy the above daily logs and statistics. It will be the responsibility of the PD to forward a summary of said data to the CTA on a monthly basis. c) The PD shall have ongoing meetings and dialogue with CTA representatives to discuss areas of concern relating to incidents that affect passengers, employees, and properties of CTA. 3. Emercrencies. Nothing contained herein shall preclude the • emergency use of PD officers or equipment referred to herein in any • manner at the direction of the PD. 4. Compensation of Officers - Funded by CTA Securitv Aareement. All officers on the CTA special detail shall be paid wages for their work hereunder at a rate equal to the then -current straight -time rate which they normally would receive for their regular employment with the PD, except in those instances where a retroactive increase or payment of overtime and/or premium pay, if any, is provided for by the PD's General and/or Special Orders, or where such payment, if any, is otherwise required by law. The PD shall establish procedures for the officers to receive their pay for the CTA special detail through the PD's payroll system. 1 • • City of Evanston Page 5 5. Reimbursement by CTA. ^a. _r ^.- e,-ent s al l CTA reimburse the ?D more than $126,400.00 per annum, CTA shall be responsible for reimbursing PD for all wages paid hereunder to all PD officers providing the additional CTa, security. including any retroactive increase, and/or overt- me pay, __f any, plus the following: a) Pay for court appearances relating to wDrk on the CTA security assignment; b) Pay for time loss and medical benefits paid due to injury while engaged in work as part of the CTA security assignment; and c) Other benefits and administrative overhead. On a monthly basis, the PD will submit an invoice to the CTA for reimbursement of said wages earned. CTA will reimburse the PD within thirty (30) days of receipt of said invoice3. 6. Labor Guidelines. Under no circumstances shall CTA be considered a party to the collective bargaining agreement between the CITY OF EVANSTON and the Combined Counties Police Association. The PD believes that the officers in the CTA special detail are not and shall not be legally entitled to any additional overtime or premium compensation for their work hereunder under any collective bargaining agreement or any Federal, state or local law or judicial ruling. 7. Fair Labor Standards Act (FLSA) Liabilitv. Upon receipt of reasonable notice of a claim or suit seeking additional compensation alleged or claimed to be due to any officers employed 1 • City of Evanston Page 6 9 on the=recial de`az i c^r Dre,Tlium compensa pion which in any manner results from, arises ^Lit of, or is connected with work performed by these officers on the CTA special detail, the CTA shall indemnify and hold harmless the CITY OF EVAINSTON, the PD, and each of their officers, agents and employees from, for, and against, and agrees to defend same from and against, any and all suits, claims, grievances, damages, costs, expenses, judgments and/or liabilities, including costs of defense and reasonable attorneys' fees, and further agrees to pay any settlement entered into or on behalf of, or judgment entered against, the foregoing individuals and/or entities, for any additional compensation. Any liabilities on the part of CTA for overtime shall not include liquidated damages in excess of actual damages for overtime pay under 29 U.S.C. § 216 which in any manner resurts from, arises out of, or are connected with work performed on the CTA special detail. The obligation of the CTA, pursuant to this paragraph, to reimburse, indemnify and hold harmless is not limited to the $126,400.00 per annum referenced in Section 5 hereof. 8. FLSA Liabilitv Procedures. In such instances where the CITY OF EVANSTON, the PD and/or their officers, agents and employees are entitled to be indemnified and held harmless with respect to such overtime or premium compensation claims against them, the parties further agree as follows: (a) Such party(ies) shall have a right to counsel. 1 • City of Evanston Page 7 (b) In grie-:a=e and arh:`___-__.. proceedings, t-he Litt/ _�tornev of _ne CITY OF EVANSTON shall act as counsel and direct the defense_ or at _._s option, appoint outside counsel_, and in the latter Instance, the CITY OF EVANSTON will be responsible for the payment of at:torney's fees, but not the other costs of defense. (c) The CITY OF EVANSTON, with the approval cE the CTA which will not be unreasonably withheld, is authorized to settle such grie-rance and/or arbitration proceedings, and the CTA will be responsible for payment of those settlements. The service of notice of th-a settlement of any of the aforesaid claims shall be personal service upon the CTA or by certified mail, and the failure of the CTA to respond in writing within thirty (30) days from the date of receipt, shall constitute approval of the settlement by the CTA. (d) Except as otherwise provided above, in all other matters, counsel shall be selected by the CTA in consultation with the City Attorney of the CITY OF EVANSTON, and the CTA will also direct the defense of the claim in consultation with the City Attorney of the CITY OF EVANSTON. (e) If any claim against the CITY OF EVANSTON or any of its officers, agents, or employees is made for overtime or premium compensation wherein liquidated damages are sought pursuant to 29 U.S.C. § 216, and where the claim results from, arises out of or is connected with work performed by officers pursuant to this Agreement, the City Attorney of the CITY OF EVANSTON, at the expense of the CITY OF EVANSTON, may appoint counsel and direct the defense of said claim for liquidated damages. This will not affect the CTA"s obligation to assume the representation and/or defense of claims for actual damages and to pay for settlements or awards based on said claims. In any instance where the office of the City Attorney of the CITY OF EVANSTON is designated to defend the claim pursuant to the above provisions, the CTA will assume the costs and expenses of defending the litigation, but will not reimburse the CITY OF EVANSTON for time spent by the City Attorney's office in defending the claim. • 1 • City of Evanston Page 8 9. Indemnification by the City of Evanston. Upon, receipt of reasonable notice of a claim or suit, based on the theory of respondeat superior for the action of FD officers while performing duties hereunder, the CITY OF EVANSTON shall indemnify and hold harmless the CTA and any of its officers, agents, or employees from, for, and against, and agrees to defend same from and against, any and all suits, claims, grievances, damages, costs, expenses, judgments and/or liabilities, including costs of defense and reasonable attorney's fees, and further agrees to pay any settlement entered into or on behalf of, or judgment entered against, the foregoing individuals and/or entities, excluding • punitive damages. The CITY OF EVANSTON shall not assume the representation nor the defense of claims based on any theory other than respondeat superior, and shall not pay any 'settlements or awards based on any such claims. • 10. Respondeat Superior Indemnification Procedures. In such instances where the CTA or any of its officers, agents and employees are entitled to be indemnified, and held harmless with respect to respondeat superior claims against then, the parties further agree as follows: (a) Such party(ies) shall have a right to counsel. (b) Such counsel shall be selected by the City Attorney of the CITY OF EVANSTON, who will also be responsible for directing the defense of the claim. 1 • City of Evanston Page 9 The CTA, its officers, agents and employees are obligated to cooperate with the CITY OF EVANSTON during the course of the investigation, administration and/or litigation c-.f any tort or civil rights claim. Failure to ccoperate with the CITY OF EVANSTON during the course of the investigation, administration or litigation of claims extinguishes any obligation of the CITY OF EVANSTON hereunder to represent and/or defend against the claim or to pay for any settlement or award based on such claim with regard to the CTA and/or the non -cooperating officer, agent or employee. 11. Claims Against Special Detail. The CITY OF EVANSTON, upon receipt of reasonable notice of a claim or suit, shall be • responsible for, hold officers harmless from and pay for damages or monies which may be adjudged, assessed, or otherwise levied against any officer working on a CTA special detail, subject to the conditions set forth herein and excluding punitive damages. These officers shall have legal representation by the CITY OF EVANSTON • in any civil cause of action brought against an officer resulting from or arising out of the performance of duties of the special detail. The CITY OF EVANSTON will provide the protections set forth above so long as the officer is acting within the scope of his/her employment on the special detail and the officer cooperates with the Village during the course of the investigation, administration and/or litigation of the claim. 1 • City of Evanston Page 10 The CITY OF EVANSTON shall not assume the representation and/or defense of any of the aforementioned claims if it is determined by the CITY OF EVANSTON that the officer alleged to have committed the tortious act or violation of civil rights was acting outside the scope of his/her employment on the special detail, was not acting in the performance of duties of the special detail, or is deemed to have acted in a wilful and wanton mariner, nor shall the CITY OF EVANSTON pay any settlements or awards based on such claims. The CITY OF EVANSTON shall have the sole right to determine whether or not the officer was working within the scope of his/her employment or performance of duty on the special detail or acted in a wilful and wanton manner. • 12. Consents. Whenever the consent or approval of one or both parties to this Agreement is required hereunder, such consent or approval shall not be unreasonably withheld. • 13. Notices. Notice to the CTA of pending claims as provided for in Paragraph 7 shall be addressed to: General Attorney Chicago Transit Authority 440 Merchandise Mart Plaza Chicago, Illinois 60654 Notice to the CITY OF EVANSTON of pending claims as provided for in Paragraph 11 shall be addressed to: City Attorney of the City of Evanston 2100 Ridge Avenue Evanston, Illinois 60204 1 City of Evanston • Page 11 All notices shall be sent, at a minimum, by first class mail, postage prepaid. 14. No Waivers. it is understood and agreed that nothing contained 'herein is intended or should be construe<_l.as in any way affecting the status of the CTA and the CITY OF EVANSTON as separate, independent and distinct municipal corporations under Illinois or any other law. It is further understood and agreed that the entry into this Agreement by the CITY OF EVANSTON or the CTA shall not operate or be construed as a waiver of any rights, claims or actions they may have against the other, including but not limited to any claims resulting from the providing of officers to the CTA pursuant to this Agreement. • 15. Term and Extension. This Agreement s-,-iall expire on • December 31, 1992. This Agreement may be extended by execution of a written agreement for extension, or execution of a written agreement substantially similar to this Agreement. In no event can this Agreement be extended without written consent of the parties, and no extension may arise out of performance of the terms of this Agreement after expiration, if any, the parties agreeing that in such event the performance shall be deemed a mere accommodation in the interest of public safety. 16. Termination. It is the intent of each party to this Agreement that its commitments made hereunder be conditioned upon satisfactory performance of the commitments made by the other party 1 City of Evanston • Page 12 hereto. Each party shall have the right to terminate this Agreement if the other fails or refuses to honor any of its commitments under this Agreement. Otherwise, this Agreement may be terminated by either party upon the giving of ninety (90) days prior written notice. Upon termination of this Agreement, the PD shall have no obligation to continue to provide o�ficers for the additional security provided for herein. 17. Governing Law. This Agreement shall be governed by the laws of the State of Illinois. If any provision of this Agreement shall be held or deemed to be or shall in fact be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all cases because it conflicts with any • other provision or provisions hereof or any constitution, statute, ordinance, rule of law, or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstances, or of rendering any other provision or 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 this j,greement shall not effect the remaining portions of this Agreement or any part hereof. • 1 0 • City of Evanston Page 13 18. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original. 19. Entire Agreement. This Agreement constitutes the entire agreement between the parties, and cannot be modified or amended except by mutual written agreement of the parties. 20. Separate Entities. It is understood and agreed that nothing herein contained is intended or should be construed as in any way creating or establishing the relationship of co-partners or joint venturers between the parties hereto, or as constituting CTA or the CITY OF EVANSTON as representatives of each other for any purpose. 21. Authority. This Agreement is entered into by authority of and in accordance with the provisions of the Intergovernmental Cooperation Act, Chapter 127, Paragraph 741, et seg. of the Illinois Revised Statutes (1989), as amended. 22. Ordinance. Execution of this Agreement by the CITY OF EVANSTON is authorized by virtue of a motion passed by the City Council of the CITY OF EVANSTON on , i991. IN WITNESS WHEREOF, the CITY OF EVANSTON has caused this Agreement to be signed by its Chief of Police, approved by the Mayor of the CITY OF EVANSTON and the City Council and its seal to 1 • City of Evanston Page 14 be hereto affixed and duly attested by its CLERK, and the CHICAGO TRANSIT AUTHORITY has caused the same to be executed by the Chairman of the CHICAGO TRANSIT BOARD, approved .by the Chicago Transit Board and duly attested to by its Secretary as of the day and year first above written. APPROVED AS TO FORM CITY OF EVANSTON, AND LEGALITY a municipal corporation City Attorney ATTEST: City Clerk • APPROVED AS TO FORM AND LEGALITY Assistant Managing Attorney, Special Projects Approved by Ordinance No. • By: City Manager By: j5 Chief of(!/""I ice CHICAGO TRANSIT AUTHORITY, a municipal corporation By: Chairman ATTEST: Secretary 1