===== PDF PAGE 4 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO PUBLIC AFFAIRS COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: Resolution No. 22-R-0055 AGENDA ITEM NUMBER: cee Apt A Resolution Approving a Service Agreement with Andy Frain Services, Inc for School Crossing Guard Services FILE NUMBER: COMMITTEE AGENDA DATE: September 26, 2022 COUNCIL AGENDA DATE: October 3, 2022 PREPARED BY: Colin Fleury, Chief of Police SIGNATURE APPROVED BY: Michael Guttman, City Administrator SIGNATURE ITEM SUMMARY: The City of West Chicago has had a long-standing contract with Andy Frain Services, Inc, which provides eight Crossing Guard services at each School District 33 and District 303 Norton Creek School in West Chicago. Historically, the City of West Chicago has paid Andy Frain Services, Inc. for these services with no financial support from either School District. Due to rising inflation and difficulty finding employees to fill the Crossing Guard locations, Andy Frain Services proposed adding a supervisor paid $23.49 per hour, with a four-hour minimum, to monitor and schedule the operation. They also increased the hourly cost of each crossing guard from $18.10 per hour to $22.10 per hour with a two-hour daily minimum. With 172 school days to cover, the total cost for the City for seven District 33 crossing guards, one District 303 crossing guard, and one supervisor is $76,980, which is twice the amount budgeted for 2021. Currently, the City is working with both school districts on Intergovernmental Agreements, which will require them to pay for 50% of the total cost of their respective portions of the crossing guard services. Please see Exhibits B and C. Staff is requesting to enter into a Services Agreement with Andy Frain Services, Inc.for the school Crossing Guard Services for an amount not to exceed $76,980. Please see the attached Service Agreement, Exhibit A. ACTIONS PROPOSED: Staff recommends approval of Resolution No. 22-R-0055 COMMITTEE RECOMMENDATION: ===== PDF PAGE 5 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 22-R-0055 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CERTAIN AGREEMENT WITH ANDY FRAIN SERVICES, INC. BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to execute and the Executive Office Assistant is authorized to attest certain Agreement with Andy Frain Services, Inc., a copy of which is attached hereto as Exhibit “A.” APPROVED this 3" day of October 2022. AYES: NAYES: ABSTAIN: ABSENT: Mayor Ruben Pineda ATTEST: Executive Assistant Valeria Perez Page 1 of 1 ===== PDF PAGE 6 ===== [Extraction: OCR (rendered-page OCR)] ANDY FRAIN —_—ea SERVICES SERVICE AGREEMENT Crossing Guards- City of West Chicago This Service Agreement (“Agreement”) is entered into as of August 1, 2022 (“Effective Date”), by and between Andy Frain Services, Inc. (“Contractor”), an Illinois corporation with its principal office located at 761 Shoreline Drive, Aurora, IL. 60504, and the City of West Chicago (“Customer”), with its principal place of business at 475 Main Street, West Chicago, IL 60185 (collectively, the “Parties”’). UNDERSTANDINGS ile Contractor is in the business of supplying Crossing Guard Personnel (“Services”) and is willing to furnish such services and personnel to Customer with respect to the Properties and subject to the terms, conditions and provisions of this Agreement; and 2! Customer desires Contractor to furnish the Services and Contractor desires to furnish the Services at the Properties, as further described below. NOW, THEREFORE, in consideration of the foregoing, and for good and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Contractor and Customer hereby agree as follows: AGREEMENT a Engagement. Customer and Contractor agree that Contractor shall furnish Services at the Properties (as defined in Schedule 1), and Contractor agrees to furnish Services at the bill rates set forth herein and subject to the terms and conditions of this Agreement. 2. Term. This Agreement shall be effective on August 1, 2022 and shall continue until December 31, 2023 (“Initial Term”), with three (3) one-year options to renew, unless terminated earlier pursuant to the terms and conditions of this Agreement. Either Party may terminate this Agreement upon thirty (30) days written notice for any or no reason, provided that Contractor shall be paid for all Services rendered prior to the effective date of the termination. 3. Services. As set forth in Schedule 1, Contractor shall furnish Crossing Guard Personnel (“Service Personnel”) as requested by Customer at the Properties (collectively known hereinafter as the “Services” unless specifically identified otherwise). Contractor shall furnish its Services set forth in the Statement of Work(s) attached hereto and made a part hereof as Schedule 1 or any subsequent validly and mutually executed statements of work, subject to the terms, conditions, and provisions of this Agreement (“Statement of Work). In the event of a conflict between the terms and conditions of this Agreement and the terms and conditions set forth in Schedule 1 or any Statement of Work, the terms and conditions of this Agreement shall control. ===== PDF PAGE 7 ===== [Extraction: OCR (rendered-page OCR)] Posts. Contractot’s Service Personnel shall be assigned to specific posts at the Properties pursuant to an agreed upon deployment schedule. Any Post Orders (specific order to crossing guard positions) prepared by or at the direction of Customer may also include information related to the assigned post, provided, however, such Post Orders are not incorporated herein and may not contradict the terms of this Agreement. In the event of a conflict between the Contractor’s obligations set forth herein and any applicable Post Orders, this Agreement shall control. Scope of Services. Services shall be provided in accordance with the attached Statement of Work. The Parties agree that any change in the Services contemplated by this Agreement, including any modification, supplementation or reduction in Service Personnel, shall be made by a request in writing by Customer and, if such changes or modifications are accepted by Contractor, shall be agreed upon in writing signed by Customer and Contractor. If at any time Contractor believes that additional Service Personnel or related actions in excess of the Services expressly requested by Customer are necessary to properly furnish Services at the Property, Contractor may so inform Customer. However, the Parties agree that Contractor’s responsibility is solely limited to providing Service Personnel, and Contractor has not been engaged by Customer as a consultant or otherwise to provide advice or an assessment of security, site evaluation or staffing needs at the Properties, except as otherwise specifically stated herein. Contractor shall not be responsible for any decisions or security assessments made by Customer or anyone else, including pertaining to the sufficiency and assigned location of Service Personnel. The Parties agree that Contractor does not herein or otherwise represent and cannot warrant, expressly or impliedly that the Services furnished will prevent or minimize the likelihood of loss or damage. Compliance. Contractor shall comply with all applicable local, State, and Federal laws, rules and regulations which govern the Services and furnishing of the same. Independent Contractor. Contractor is an independent contractor of Customer. All Service Personnel shall be the employees of Contractor and shall not under any circumstances be deemed to be employees of Customer. Contractor shall pay all wages, all applicable taxes and shall comply with all other legal obligations as the employer of the Service Personnel. Supervision. Contractor shall at all times be responsible for the direct supervision of its Service Personnel, contractors, subcontractors, agents, licensees, and assigned to and responsible for managing Services at the Properties. A designated representative of Contractor shall, in turn, report and confer with a designed representative of Customer at the Properties with respect to the Services performed under this Agreement. Such reporting and conferring shall occur as frequently as mutually agreed upon by the Parties from time to time. 4. Personnel. Contractor agrees as follows: a. Contractor represents that all Service Personnel utilized by Contractor under this Agreement shall be trained by Contractor using Contractor’s approved materials/instructions and shall be competent to perform their duties and otherwise furnish the Services. b. At Contractor’s sole cost and expense, Contractor shall provide each Service Personnel with a proper vest and any such equipment, as it shall, with the approval of Customer, deem necessary or appropriate. Service Agreement - Andy Frain Services, Inc. and the City of West Chicago Page 2 ===== PDF PAGE 8 ===== [Extraction: OCR (rendered-page OCR)] Gs Contractor shall furnish Services in conformity with practices which are generally accepted and current in the industry. d. Contractor represents that Contractor has or will perform background checks for Service Personnel in accordance with applicable Federal, State, municipal and local law that includes criminal and, if applicable, motor vehicle histories on Service Personnel and may include other matters as required by applicable law. Contractor further represents that all such Service Personnel have passed such background checks prior to furnishing the Services. Such background checks shall be obtained by Contractor at Contractor’s sole cost and expense. The cost of any additional background checks or more extensive background checks required by Customer shall be reimbursed by Customer. Passing a background check includes no convictions of any crime involving moral turpitude or violence, no felony convictions for non- violent crimes in the past five (5) years, no felony convictions for violent crimes in the past ten (10) years, no registered child sex offenders, or no crimes against children. Dy Equipment. Any and all property, equipment, supplies and materials furnished by Contractor hereunder and placed at or on any of the sites identified in this Agreement shall remain the property of Contractor, and Contractor shall at all times during and after the term of this Agreement have the sole and exclusive right to install, maintain, replace and remove such property, equipment, supplies and materials. Any equipment required by Customer in addition to those items specifically identified in Schedule 1 shall be separately billed to Customer. 6. Obligations of Customer. Customer agrees as follows: a. Customer shall pay Contractor for the Services provided by Contractor at the hourly rates mutually agreed upon and pursuant to the terms and conditions stated in this Agreement. b. Customer shall remain solely responsible for any decisions or directions to Contractor concerning the location, number or extent, or placement or sufficiency of Service Personnel requested under this Agreement. If Customer materially alters any express instructions or directions given by Contractor to the Service Personnel or if Customer assumes any material supervision over the Service Personnel, Customer shall be solely liable for any and all such alterations or supervision and Customer to the extent allowable by law, agrees to indemnify, defend and hold harmless Contractor from and against any and all losses, claims, expenses (including reasonable attorney’s fees) or damages arising from or relating to such alterations or supervision, but only to the extent they were the excess result of and caused by such alterations or supervision. ¢. To effectuate this Agreement, Customer shall provide Contractor with such information, including the Post Orders concerning the Properties or sufficient information to enable Contractor to prepare Post Orders for the Propetties, as are necessary for Contractor to furnish the Services pursuant to this Agreement. d. Customer shall provide Contractor with information Customer has pertaining to the Properties necessary to ensure that the Service Personnel are trained and prepared to provide the Services at the Properties. Except as otherwise set forth herein or agreed by Contractor, Customer shall be solely responsible for managing and maintaining the Property and otherwise managing, maintaining and providing any services with respect to the Property, other than the Services contemplated by this Agreement. e. Customer represents it is duly authorized to retain Contractor to provide Services at the Properties and to execute this Agreement. i Compensation. Service Agreement - Andy Frain Services, Inc. and the City of West Chicago Page 3 ===== PDF PAGE 9 ===== [Extraction: OCR (rendered-page OCR)] a. Bill Rates. Customer shall pay Contractor for the Services at the rates set forth in Schedule 1. b. Invoices. Contractor shall invoice Customer for Services performed under this Agreement. Invoices shall be sent to Customer on a weekly schedule at Customer’s location identified in Schedule 1. ei Payment. Payments are due thirty (30) days from the invoice date. Any objection, dispute or claim regarding the amount of an invoice or the Services rendered (or not rendered) must be sent in writing by Customer to Contractor within forty-five (45) days from the date Customer received such invoice, setting forth the nature of the objection, dispute or claim, and including all supporting documentation, or such objection, dispute or claim shall for all purposes be deemed waived by Customer. d. Records. Upon request, Contractor shall furnish Customer with copies of completed daily timesheets and other records which form the basis of billings for Services performed by Contractor under this Agreement. Such records shall contain information sufficiently detailed so as to indicate the Property where and when such Services were performed and with what Service Personnel. e. Rate Change. Hourly rates as stated herein are subject to adjustment for changes in any Federal, State or municipal law, regulation, or administrative ruling resulting in any increase in work hours, wages, benefits, taxes, working conditions or other cost incurred by Contractor in the performance of this Agreement. In the event Contractor desires to adjust such rates, Contractor shall provide Customer with written notice of such desired adjustment. Within thirty (30) days of receiving such notice of desired adjustment, Customer may terminate this Agreement otherwise such desired adjustment shall become immediately effective and shall remain in effect until the earlier of termination of this Agreement or any further annual or other adjustment as provided by this Agreement. 8. Insurance. Contractor shall maintain during the term of this Agreement, at its own expense, insurance policies insuring Contractor and the Service Personnel furnishing Services, as follows: TYPE OF INSURANCE LIMIT OF INSURANCE General Commercial Liability - Occurrence Form $1,000,000 Per Occurrence Workers Compensation & Employers Liability Statutory Business Auto Liability including Hired and Non Owned | $1,000,000 Auto Liability Excess/Umbtrella $9,000,000 Per Occurrence $9,000,000 Aggregate Contractor agrees solely with respect to liability caused by the sole negligent acts of Contractor, to name Customer its officers, employees and directors as Additional Insureds on Contractor’s General Commercial Liability and Auto liability insurance policies. Prior to commencing Services under this Agreement, contractor shall furnish to Customer Certificates of Insurance, with policy declarations and endorsements attached, reflecting Customer’s status as an additional insured on these policies, on a primary and noncontributory basis. 9. Indemnification. Contractor shall indemnify Customer, its officers, members, affiliates, subsidiaries, and employees from and against losses, claims, damages, injuries, liabilities and judgments that Customer may sustain and which are determined to by court of law to be caused solely by the direct, gross negligent acts of Contractor or Service Personnel while engaged in the performance of contracted-for Services under this Agreement, and subject to the provisions set forth herein. To the extent allowable by law, Customer aT Service Agreement - Andy Frain Services, Inc. and the City of West Chicago Page 4 ===== PDF PAGE 10 ===== [Extraction: OCR (rendered-page OCR)] shall indemnify Contractor, its officers, members, affiliates, subsidiaries and employees from and against losses, claims, damages, injuries, liabilities and judgments that Contractor may sustain and which are determined by court of law to be caused negligent or contributory negligent acts of Customer. Notwithstanding anything to the contrary in this Agreement, Contractor shall not indemnify or be required to indemnify Customer from or against any losses, claims, damages, injuries, liabilities or judgments to the extent that they are: (i) caused by the contributory negligence of Customer or its directors, officers, members, partners, affiliates, licensees, invitees, representatives, agents, or employees; (ii) arising from Customer’s business decisions, including but not limited to, decisions to remove patrons or personnel from the Property and decisions regarding the number or placement of Service Personnel or hours of service; (iii) caused by or resulting from the wrongful or negligent acts, errors or omissions of third parties; or (iv) arising out of injury to or death of any employee of Contractor, unless caused solely by the direct negligence of Contractor. Notwithstanding anything to the contrary in this Agreement, Contractor shall not be liable to Customer for any injury (including death) to any person, including an employee of Contractor, arising from a slip, trip or fall due to any premises defect while on or near the premises of Customer. It is expressly understood and agreed that Contractor is not responsible for performing any maintenance or construction services including but not limited to elevator or escalator maintenance, concrete, sidewalk, walkway, tile, carpeting (or floor/ground/stair covering of any kind), pavement, curb, roadway, light repair, lock or alarm device repair or maintenance, building upkeep, snow removal, or garbage, debris, food, water or transient substance removal. It is further understood and agreed that Contractor is not required or requested to report any maintenance needs or failures to Customer, other than those obvious during reasonable inspection and which pose an immediate danger to persons permitted on the Property. Notwithstanding anything to the contrary in this Agreement, Contractor shall not be liable to Customer for any injury or illness caused by any person entering onto Customer’s property. Contractor does not warrant nor represent that its Services will prevent any injury or illness caused by any person entering onto Customer’s property. Notwithstanding anything to the contrary in this Agreement, the Parties agree that any additional insured or indemnity provision throughout this Agreement applies only to claims caused by the direct negligent acts of Contractor and its employees while performing agreed upon duties and Services. 10. Contractor’s Employees. During the term of this Agreement and for a period of twelve (12) months immediately following the end or termination of this Agreement, Customer shall not directly solicit or offer to hire, or hire any employees of Contractor, without the prior written consent of Contractor. This paragraph shall survive termination of this Agreement, regardless of the reason of, basis for or circumstances surrounding such termination. 11. Force Majeure. In the event that operations at the Properties where Services are performed are halted or substantially decreased by reason of wat, hostilities, revolution, riot, civil commotion, terrorist attack, national emergency, strike, labor dispute, lockout, picketing, unavailability of supplies, failure of communication equipment, epidemic, fire, flood, weather-related issue, earthquake, force of nature, explosion, embargo, or any other Act of God, or any law, proclamation, regulation, ordinance, or other act or order of Service Agreement - Andy Frain Services, Inc. and the City of West Chicago Page 5 ===== PDF PAGE 11 ===== [Extraction: OCR (rendered-page OCR)] any court, government or governmental agency, or other cause reasonably beyond the control of the Parties ("Force Majeure"), this Agreement (and payment for Services hereunder) may be suspended by either Party for the duration of such halted or decreased operations, on twenty-four (24) hours’ notice addressed by the affected Party to the other Party. Notwithstanding the foregoing, Customer shall pay, in accordance with the terms hereof, Contractor for all Services provided or scheduled to be provided prior to such suspension of, or decrease in, operations. In the event that Contractor is prevented from completing this contract by reason of Force Majeure, this Agreement may be suspended for the duration of such hardships, on twenty-four (24) hours’ written notice addressed by Contractor to Customer, provided that Contractor uses reasonable efforts to cure or mitigate any delays or failure to perform. 12. Default. Each Party may terminate this Agreement immediately if any of the following events shall occur: (a) default by the other Party in the performance of the terms and conditions of this Agreement, including but not limited to Customer’s failure to timely make payments required hereunder when due, which default continues for five (5) days or more after written notice from the other Party; (b) if at any time during the term of the Agreement there shall be filed by such Party in any court, pursuant to any statute, either of the United States or of any state, territory or possession, a petition in bankruptcy, or insolvency, or for reorganization, or for the appointment of a receiver to receive all or a portion of such Party’s property; (c) if such Party makes an assignment for the benefit of creditors; or (d) if such Party is declared bankrupt in an involuntary proceeding, or is ordered into receivership. SE Notices. Any notices, requests or other communications required or permitted to be given hereunder shall be in writing and shall be delivered by hand, by overnight courier, or mailed by registered or certified mail, return receipt requested, postage prepaid, and addressed to the appropriate Party at its address, as set forth below: Customer: City of West Chicago c/o: Michael Guttman, City Administrator 475 Main Street West Chicago, IL 60185 C Oontractor: Andy Frain Services, Inc. 761 Shoreline Dr. Aurora, IL 60504 Tel: (630) 820-3820 Attention: David Clayton, President Copy: Stacey McGlynn Atkins, General Counsel Notices will be effective on the first business day following receipt thereof. Notices sent by certified mail or courier will be deemed received on the date of delivery as indicated on the return receipt or delivery Service Agreement - Andy Frain Services, Inc. and the City of West Chicago Page 6 ===== PDF PAGE 12 ===== [Extraction: OCR (rendered-page OCR)] notice; notices sent by facsimile will be deemed received on the date transmitted as indicated on the facsimile transmission confirmation page. Rejection or other refusal to accept or inability to deliver because of changed address or fax number of which no notice was given, shall not affect the validity or the effectiveness of the notice, request, or other communication. By giving at least five (5) days’ prior written notice thereof, either Party may from time to time, at any time change its contact information listed above in this section 14 (Notices). 14. Assignment. This Agreement shall not be assigned in whole or in part by either Party without the prior written consent of the other Party provided, however, that so long as a Party is not in default under this Agreement, that Party may assign this Agreement to an entity with which it merges or consolidates or which acquires substantially all of its assets or stocks. 15: Confidentiality. By virtue of the Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). Confidential Information means any and all technical and non-technical information provided by either Party to the other, including but not limited to trade secret, and proprietary information of all types, including, but not limited to, business methods, techniques, sketches, drawings, works of authorship, models, inventions, know-how, processes, apparatuses, equipment, algorithms, software programs, software source documents, and formulae related to the current, future, and proposed products and services of each of the Parties, and including, without limitation, their respective information concerning financial information, procurement requirements, purchasing, manufacturing, customer lists, customer data, investors, employees, business and contractual relationships, business forecasts, sales and merchandising, marketing plans and information the disclosing Party provides regarding third parties. Each Party shall permit access to Confidential Information of the other Party only to those of its employees or authorized representatives having a need to know and who have agreed to the terms of this Agreement. To the extent allowable by law, Each Party shall take such action as shall be necessary or appropriate to preserve and protect the Confidential Information of the other Party, and in any event using means not less protective than those used to protect its own Confidential Information. Confidential Information shall not be reproduced or stored in any form except as required to accomplish the intent of this Agreement. Any reproduction of any Confidential Information of the other Party by either Party shall remain the property of the Party disclosing Confidential Information (the “Disclosing Party”) and shall contain any and all confidential or proprietary notices or legends which appear on the original, unless otherwise authorized in writing by the other Party. Notwithstanding the above, a Party to whom Confidential Information was disclosed (the “Recipient’”) shall not be in violation of this Section 16 with regard to a disclosure that was in response to a valid order by a court or other governmental body or otherwise required by law, provided that the Recipient provides the Disclosing Party with prior written notice of such disclosure in order to permit the Disclosing Party to seek confidential treatment of such information. A Party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other Party; (b) was in the other Party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing Party; (c) is lawfully disclosed to the other Party by a third party without restriction on the disclosure; or (d) is independently developed by the other Party. Nothing shall prevent either Party from disclosing the terms or pricing under the Agreement in any legal proceeding arising from or in connection with the Agreement or from disclosing the Confidential Information to a governmental entity or pursuant to lawfully issued subpoena as required by law. 16. Entire Agreement. This Agreement, including all Exhibits, Schedules and Statements of Work hereto (which are incorporated herein by reference), constitutes the complete agreement of the Parties with Service Agreement — Andy Frain Services, Inc. and the City of West Chicago Page 7 ===== PDF PAGE 13 ===== [Extraction: OCR (rendered-page OCR)] respect to the subject matter hereof and supersedes all prior negotiations, agreements, representations and understandings, if any, between the Parties concerning the same, whether written or oral. Should any term contained in any Exhibit conflict with any provision of this Agreement, the provision contained in this Agreement controls, unless the term contained in the Exhibit expressly states otherwise. The Parties have not relied upon any promises, representations, warranties, agreements, covenants or undertakings, other than those expressly set forth or referred to herein. 17. Modifications and Amendments. This Agreement shall not be modified or amended in any respect except by written instrument duly executed by or on behalf of each of the Parties. Any language or provisions contained on either Party’s website or product schedule or contained in any shrinkwrap or "clickwrap" agreement, shall be of no force and effect and shall not in any way supersede, modify or amend this Agreement. 18. No Third Parties. No person other than the Parties to this Agreement has any rights or remedies to, under or deriving from this Agreement. This Agreement creates no third-party benefits. 19. Severability. If any term or provision of this Agreement, or the application thereof, to any person or circumstance shall, to any extent, be invalid or unenforceable, the remaining terms and provisions of this Agreement, or the application of such terms or provisions to the person or circumstances, other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law. 20. Miscellaneous. a. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Execution of this Agreement may be completed by electronic signature or e-mail transmission. Electronic or e-mail signatures shall have the same force and effect as an original, hard copy of such signature. b. Survival. The representations, warranties, covenants and agreements contained in or made pursuant to this Agreement shall survive the termination of this Agreement. S Choice of Law/Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, DuPage County. The Parties’ consent that any action brought to enforce the terms of this Agreement shall be brought in a court of competent jurisdiction in the State of Illinois and the Parties waive any right to object to the jurisdiction of the State of Illinois over any dispute concerning this Agreement. d. Non-Waiver. Any waiver, permission, consent or approval of any kind or nature by any party hereto, must be in writing and shall be effective only in the specific instance, to the extent of and for the specific purpose given, and the same shall not operate or be construed as a waiver of any subsequent breach, default, provision or condition of this Agreement by any party hereto, including the party to whom originally given. e. Successors. This Agreement shall be binding upon and inure to the benefit of Contractor and Customer and their representative successors and/or assigns. f. Time is of the Essence. Time is of the essence with respect to each Party’s obligations under this Agreement. [SERVICE AGREEMENT SIGNATURE PAGE TO FOLLOW] Service Agreement - Andy Frain Services, Inc. and the City of West Chicago Page 8 ===== PDF PAGE 14 ===== [Extraction: OCR (rendered-page OCR)] Service Agreement - Andy Frain Services, Inc. and the City of West Chicago Page 9 ===== PDF PAGE 15 ===== [Extraction: OCR (rendered-page OCR)] IN WITNESS WHEREOF, the parties hereto as of the day and year first written above have duly executed this Agreement. ANDY FRAIN SERVICES, INC., an Illinois Corporation By: Laura Grund Executive Vice President Date: CITY OF WEST CHICAGO By: Name: Ruben Pineda Title: Mayor, City of West Chicago Date: Service Agreement - Andy Frain Services, Inc. and the City of West Chicago Page 10 ===== PDF PAGE 16 ===== [Extraction: OCR (rendered-page OCR)] SCHEDULE 1 STATEMENT OF WORK Crossing Guards- City of West Chicago This Statement of Work (“Statement of Work”) is entered into as of August 1, 2022 (the “Effective Date”) by and between Andy Frain Services, Inc., an Illinois corporation having a place of business at 761 Shoreline Dr., Aurora, IL 60504 (“Contractor”) and City of West Chicago (“Customer”). Contractor and Customer may be collectively referred to herein as the “Parties”. All capitalized terms used but not otherwise defined in this Statement of Work shall have the meanings ascribed to such terms in the Agreement (defined below). WHEREAS, the Parties entered into that certain Service Agreement (the “Agreement”; WHEREAS, the Parties desire to execute this Statement of Work which is issued pursuant to the Agreement; and WHEREAS, the Parties agree that this Statement of Work shall be incorporated by reference into the Agreement. Now therefore, in consideration of the mutual covenants and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: il Services. The Services shall consist of Crossing Guard Personnel furnished for Customer at the Properties (defined below). 2: Term. The Term of this Statement of Work shall be from August 1, 2022 to December 31, 2023, with three (3) one-year options to renew. 3. Service Locations. At such specific locations pursuant to written post orders (defined below) (“Properties”): Crossing Currier School - Gary's Mill Rd Pioneer School - Brown & Kenwood Norton Creek School - Bainridge Dr Turner School - Ingalton & James Gary School - Joliet & Forest Turner School - National & Elite Wegner School - Marcella & Thomas Wegner School - Marcella & Westwood Service Agreement - Andy Frain Services, Inc. and the City of West Chicago Page 11 ===== PDF PAGE 17 ===== [Extraction: OCR (rendered-page OCR)] 4. Scope of Work. Provide crossing guards at the Property pursuant to Customet’s requested post orders. D3 Rates. Contractor shall provide the Service Personnel and Equipment at the below hourly tate: Service Personnel Bill Rate Crossing Guard $22.10 | Supervisor $23.49 Crossing Guard Rate is per post — eight (8) in total, manned during two (2) shifts: A.M. Shift 8:15 a.m. to 8:45 a.m., and P.M. Shift 3:15 p.m. to 3:45 p.m, with each guard being paid 1 hour per crossing guard post. Note that the P.M. shift start time may be adjusted to accommodate less-than-full school days. A Crossing Guard will be at the agreed upon post on each school day (approximately 172 days total), per the school calendar as approved by the District 33 Board of Education. Once the position is filled, the Crossing Guard Supervisor shall be billed a minimum of four (4) hours per school day. Included: e All management and administrative cost; industry standard training Pre-employment drug screening Criminal background checks All uniforms, payroll and associated expense All recruiting, screening and hiring expense Workers Compensation, Auto, and General Liability Insurance Additional coverage hours requested by Customer beyond those set forth in the Deployment (standard crossing days based on the approved school year calendar) will be billed at standard bill rates with one-week advance notice, additional coverage hours without one-week advance notice, will be billed at 1 1/2 time the standard bill rate. Holiday pay and bill rates will; be 1-1/2 times the normal rate (Holidays listed below) Holidays: New Year's Day, Memorial Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve and Christmas Day. Invoicing: a) due net 30. Invoices shall be sent to: City of West Chicago c/o: Dean Myles 475 Main Street West Chicago, IL 60185 Service Agreement - Andy Frain Services, Inc. and the City of West Chicago Page 12 ===== PDF PAGE 18 ===== [Extraction: OCR (rendered-page OCR)] 6. This Statement of Work shall be incorporated into the Agreement by reference. Z ee ee tide that Shiv £ Worl : conditions that conflict with the terms and conditions of the Agreement. To the extent of any such conflict, the Parties agree that the terms and conditions of the Agreement shall control. In addition, the Parties agree that the Agreement shall not be modified, supplemented, or amended by the terms of any invoice, purchase order, and/or other document. IN WITNESS WHEREOEF, the Parties hereto have executed this Statement of Work as of the first date written above. CONTRACTOR: CUSTOMER: ANDY FRAIN SERVICES, INC. CITY OF WEST CHICAGO By: By: Laura Grund Ruben Pineda Executive Vice President Mayor, City of West Chicago Date: Date: Service Agreement - Andy Frain Services, Inc. and the City of West Chicago Page 13 ===== PDF PAGE 19 ===== [Extraction: OCR (rendered-page OCR)] AGREEMENT BETWEEN THE CITY OF WEST CHICAGO AND THE BOARD OF EDUCATION OF WEST CHICAGO SCHOOL DISTRICT #33 This agreement is entered between the City of West Chicago (the “City”) and the Board of Education of West Chicago School District #33 (the “School District”). WHEREAS, the Illinois School Code, 105 ILCS 5/10-20.14(b), requires the School District parent - teacher advisory committee, in cooperation with local law enforcement agencies, to work with the board of education to develop "policy guideline procedures" for the establishment and maintenance of a reciprocal reporting system between the School District and local law enforcement agencies regarding criminal offenses committed by students; and WHEREAS, under the Illinois School Student Records Act, 105 ILCS 10/6, school student records are considered confidential and no school student records, or information contained therein may be released, transferred or disclosed except as permitted by the Student Records Act; and WHEREAS, under the Juvenile Court Act of 1987, 705 ILCS 405/1-7, law enforcement records are considered confidential and the inspection and copying of such records that relate to a minor who has been investigated, arrested or taken into custody before his or her 18th birthday are restricted to those exceptions in the Juvenile Court Act; and WHEREAS, the Illinois School Student Records Act, 105 ILCS 10/6(a)(6.5), and the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, authorize school districts to release student records and information to juvenile authorities (including law enforcement officers) when necessary for the discharge of their official duties prior to adjudication of the student and upon written certification that the information will not be disclosed to any other party except as provided under law or order of court; and WHEREAS, the Juvenile Court Act, 705 ILCS 405/1-7(A)(8), authorizes law enforcement agencies to allow appropriate school officials to inspect and copy law enforcement records under a reciprocal reporting system for certain offenses and under certain specified circumstances; and WHEREAS, the Board of Education of the School District and the City agree that enhanced communication between these entities under a reciprocal reporting agreement would promote the safety and well-being of students and community residents; and WHEREAS, the School District and the City are authorized to enter into this agreement pursuant to the Illinois School Code, 105 ILCS 5/10-20.14, the Illinois Constitution, art. VII, §10(a) et seq., and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. NOW THEREFORE, the School District and the City hereby agree as follows: 1. ESTABLISHMENT OF A REPORTING SYSTEM. The School District and the City hereby enter into this Agreement to establish and maintain a reciprocal reporting system between the School District and the City of West Chicago Police Department (“Police Department’) regarding juvenile and criminal offenses involving students. ===== PDF PAGE 20 ===== [Extraction: OCR (rendered-page OCR)] 2. REPORTING AND INFORMATION SHARING. The School District and the Police Department acknowledge and agree to act in good faith to comply with the reporting responsibilities and limitations set forth herein, and as required by applicable law. 3. DESIGNATED REPRESENTATIVES. The Police Department will designate an appropriate employee (“the Police Department’s Designee”) to be the School District’s contact person for purposes of this Agreement. The School District's Superintendent shall provide the Police Department’s Designee with a list of administrators to be contacted, as needed, containing regular and emergency telephone numbers, and identifying the particular types of problems for which particular administrators are to be contacted. The administrators identified in the list shall be considered the “Appropriate School Official” for purposes of subsection 1- 7(A)(8) of the Juvenile Court Act, 705 ILCS 405/1-7 as amended, whom the School District has determined to have a legitimate educational or safety interest to protect the safety of students or employees in the school and aid in the proper rehabilitation of the child. The Police Department’s Designee will provide the Superintendent with a primary and two back-up contacts, who shall be considered the “Police Department’s Representatives”. 4. SCHOOL DISTRICT AUTHORITY TO REPORT STUDENT CRIMINAL ACTIVITY. The Superintendent or School Principal, or their designee(s), will report any alleged or suspected criminal activities committed by a student enrolled in School District (See 1996 Ill. Atty. Gen. Op. 96-040). 5. SCHOOL DISTRICT DUTY TO REPORT STUDENT CRIMINAL ACTIVITY. The Superintendent and/or School Principal(s), or their designees, must report certain incidents involving firearms, drugs and attacks on school personnel, as set out below. When a report may be required of both the Superintendent and Principal, a single report from one or the other shall meet the duty to report. a) School Superintendent. The School Superintendent (or his/her designee) is to immediately report the following to the Police Department: i. Firearms. Any incident involving a firearm in a school or on school owned or leased property and on any transportation, that is owned, leased or used by the school for its students or school personnel. See 105 ILCS 5/10-27.1A, as amended. ii. Drugs. Any incident involving drugs in a school or on school-owned or leased property or on any transportation that is owned, leased or used by the school for its students or school personnel. "Drugs" means "narcotic drug" as defined under subsection (aa) of Section 102 of the Illinois Controlled Substances Act, as amended [720 ILCS 570/102], "cannabis" as defined under Section 3 of the Cannabis Control Act, as amended [720 ILCS 550/3], or "methamphetamine" as defined under Section 10 of the Methamphetamine Control and Community Protection Act, as amended [720 ILCS 646/10]. See 105 ILCS 5/10-27.1B ===== PDF PAGE 21 ===== [Extraction: OCR (rendered-page OCR)] b) School Principal. The School Principal (or his/her designee) is to immediately report the following to the Police Department: i: ii. ili. Firearms. Upon receiving a report from any school staff, or any other person that they have observed any person in possession of a firearm on school grounds, an immediate report of the incident must be made. If the person in possession of a firearm on school grounds is a student, the principal or his/her designee shall also immediately notify the student's parent or guardian. See 105 ILCS 5/10-27. IA, as amended. Attacks on School Personnel. Upon receipt of a written complaint from any school personnel, all incidents of battery committed against teachers, teacher personnel, administrative personnel or educational support personnel. See 105 ILCS 5/10-21.7, as amended. Cannabis, illegal Drugs or Controlled Substances on or Near School Grounds. Within 48 hours of becoming aware, a report of any violation of Section 5.2 of the Cannabis Control Act or the Methamphetamine Control and Community Protection Act or Section 401 and subsection (b) of Section 407 of the Illinois Controlled Substances Act in a school, on school property, or within 1,000 feet of the school, or on any transportation used, owned or leased by the School District to transport students. See 105 ILCS 127/2, as amended. 6. SCHOOL DISTRICT RELEASE OF SCHOOL STUDENT RECORDS AND RECORD INFORMATION TO POLICE DEPARTMENT. School officials shall follow state and federal laws regarding school student records, which are considered confidential, and no school student records or information contained therein may be released, transferred or disclosed except with parental consent or as otherwise permitted by the Illinois School Student Records Act, 105 ILCS 10/1 et seq., as amended. The following exceptions permit the release of student records and information to the Police Department without parental consent: a) Adjudication of Student by Juvenile Court. School districts can release student records and information to the Police Department, upon the request of the Police Department, when necessary for the discharge of their official law enforcement duties, prior to adjudication of the student and upon written certification from the Police Department that the information or records disclosed by the school will not be disclosed to any other party, except as provided by law or order of court. 105 ILCS 10/6, as amended. b) Emergency Release of Information. Records and information may be released to the Police Department if such information is needed by the Police Department to protect the health or safety of the student or other persons, provided that the parents are notified no later than the next school day after the date the information is released, the date of release, the fact that the information was shared with the Police Department, and the purpose of the release. The factors to be considered in determining whether an emergency exists requiring the release of student information include: ===== PDF PAGE 22 ===== [Extraction: OCR (rendered-page OCR)] ii. iii. iv. Degree of Threat. Seriousness of threat to health/safety of student or others; Need. Need for records to meet the emergency; Police Department Involvement. Whether the Police Department is in a position to deal with the emergency; and Urgency. Extent to which time is of the essence in dealing with the emergency. 105 ILCS 10/6, as amended; 23 Il. Admin. Code §375.60 c) Law Enforcement Records Not School Records. It is recognized that the information maintained by law enforcement officers working in the school are not student records. 105 ILCS 10/2(d), as amended. . POLICE DEPARTMENT TO SHARE LAW ENFORCEMENT DATA WITH SCHOOL DISTRICT. The Police Department will comply with applicable state and federal law in implementing these procedures. In furtherance of the information-sharing hereunder, a Police Department’s Representative may: a) Students Under 18 Years Old. Provide copies of law enforcement records to, or permit inspection of those records by, the Appropriate School Official or Officials for minors enrolled in the School District if the minor has been arrested or taken into custody before his or her 18th birthday for the offenses listed below, provided that the Police Department or officer believes that there is an imminent threat of physical harm to students, school personnel or others who are present in the school or on school grounds. Inspection and copying shall be limited to law enforcement records transmitted to the Appropriate School Official or Officials. i. ii. iii. iv. v. vi. Vii. viii. any violation of Article 24 of the Criminal Code of 1961lor the Criminal Code of 2012, as amended; a violation of the Illinois Controlled Substance Act, as amended; a violation of the Cannabis Control Act, as amended; a violation of the Methamphetamine Control and Community Protection Act; as amended; and a forcible felony as defined in Section 2-8 of the Criminal Code of 196lor the Criminal Code of 2012, as amended; a violation of Section 1-2 of the Harassing and Obscene Communications Act, as amended; a violation of the Hazing Act, as amended; or a violation of Section 12-1, 12-2, 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the Criminal Code of 1961 or the Criminal Code of 2012, as amended. The information derived from the law enforcement records shall be kept separate from and shall not become a part of the official school record of that child and shall not be a public record. The information shall be used solely by the Appropriate School Official or Officials to aid in the proper rehabilitation of the child and to protect the safety of student and employees in the school. ===== PDF PAGE 23 ===== [Extraction: OCR (rendered-page OCR)] Any information provided to appropriate school officials whom the school has determined to have a legitimate educational or safety interest by the Police Department about a minor who is the subject of a current Police Department investigation that is directly related to school safety shall consist of oral information only, and not written law enforcement records, and shall be used solely by the Appropriate School Official or Officials to protect the safety of students and employees in the school and aid in the proper rehabilitation of the child. The information derived orally from the Police Department shall be kept separate from and shall not become a part of the official school record of the child and shall not be a public record (See 705ILCS 405/1-7, as amended). 8. COOPERATION BETWEEN SCHOOL DISTRICT AND POLICE DEPARTMENT. Nothing in this policy and procedure is intended to limit or restrict the duty and authority of the School District to request Police Department services for disturbances or other emergencies occurring in or around any of its school buildings, nor is it intended to limit or restrict the duty or ability of any person attending or employed by the School District to provide information or otherwise cooperate in School District and law enforcement investigations, including but not limited to providing witness statements and testimony in juvenile or criminal adjudications, or in school discipline proceedings. 9. SCHOOL RESOURCE OFFICERS (SROs). Based upon manpower availability, the Police Department’s Chief of Police shall select up to two sworn police officers, who shall be a permanent full-time members of the Police Department, as the SROs. The SROs shall at all times remain under the direction and control of the Chief of Police, pursuant to the established chain of command within the Police Department, and shall be subject to discipline in accordance with the Police Department’s rules and regulations concerning members of the Police Department, as the same may be amended from time to time. The Chief of Police shall give consideration to the following criteria in selecting the SRO: a) The ability to work effectively with School District #33 students, faculty, and administrators toward the accomplishment of the program’s goals. b) The ability to project a positive police image in the school(s) and the community. c) The ability to address a variety of police and school programs in a professional and courteous manner. d) The level of expertise in investigative procedures and techniques related to youth matters. e) The level of expertise in State laws and local ordinances related to juvenile offenders. f) The level of expertise in the procedures of the juvenile courts and the Illinois Youth Commission. g) Input from the District’s Superintendent or her designee. ===== PDF PAGE 24 ===== [Extraction: OCR (rendered-page OCR)] 10. 106 12. ASSIGNMENT OF SCHOOL RESOURCE OFFICERS (SROs). The Police Department shall assign the SROs to perform the following duties: a) Patrol of the school buildings and grounds during regular school hours and school- sponsored extracurricular activities during the SRO’s regular shift; work by the SRO after his/her regular shift or work done by any other officer will be invoiced separately. b) Investigation of criminal activities which occur in the school buildings and/or on the school grounds. c) Provision of pre-court intervention between the Police Department, the District, the students, and their parents. d) Assistance in obtaining services for students from social service agencies. e) Conduct of instructional programs, in conjunction with the school staff, for students, parents, and/or school staff relating to law enforcement issues and topics, including substance abuse, gang activities, domestic violence, and sexual abuse. The SROs may be assigned to other, non-school related police functions during such periods when the schools are not in session, such as vacation and holiday periods, and shall always be subject to call for other non-school related police functions as the Police Department’s Chief of Police or Deputy Chief deem reasonable and necessary. COSTS OF SCHOOL RESOURCE OFFICER (SROs). The SRO shall be an employee of the Police Department and shall receive compensation and benefits from the Police Department in accordance with the Collective Bargaining Agreement between the City and the Fraternal Order of Police. The District shall reimburse the City for 50% of its costs relating to the SRO, at an initial rate of $167,900 per SRO (2022-2023 School Year amount). For each subsequent school year, the rate shall increase by 7.5% and be rounded up to the nearest one hundred dollars; this annual adjustment represents the blended percentage increase for salary, benefits, insurance, and pension. The District shall make such reimbursement payments in two (2) equal installments each year, one installment being due on or before August 31‘ of each year and the other installment being due on or before January 31“ of each year. Should the Police Department have a manpower shortage that requires the Chief of Police to temporarily or permanently reassign the SROs to carry out duties not listed in Section 10 of this Agreement when school is in session, the City will reimburse the School District for any time they are not serving as SROs on a pro rata basis. In addition to reimbursement, the District will provide office space, telephone, and other commodities in support of the SRO program. LIVE FEEDS FROM SCHOOL CAMERAS. The School District will provide access to its live feeds, to one or more of its buildings in the event of a health or safety emergency. Access ===== PDF PAGE 25 ===== [Extraction: OCR (rendered-page OCR)] lish 14. is strictly to allow the Police Department’s officers to become familiar with the current conditions that underlie the health or safety emergency in the School District’s buildings. POLICE DEPARTMENT REQUESTS TO ACCESS RECORDED SECURITY CAMERA FOOTAGE. In the event that criminal action is recorded on security camera footage, a copy of the footage may be released to Police Department personnel, consistent with State and federal law. Requests for access to security camera footage by the Police Department will be directed to the Director of Business Services and Operations for review and processing. STUDENT INTERVIEWS. Board Policy 7:150, Agency and Police Interviews, and administrative procedure 7:150-AP, Agency and Police Interviews, are incorporated into this Agreement and must be followed at all times. Within its standard operating procedures, the Police Department will include training for officers about this policy and procedure, along with information about how to access the School District’s policies and procedures. Before detaining and questioning a student who is on school grounds and who is seventeen years of age or younger and who is suspected of committing a criminal act, the SRO and Police Department officers must: a) Ensure that notification or attempted notification of the student’s parent or guardian is made; and b) Document the time and manner in which the notification or attempted notification was made. Before questioning the student about suspected criminal behavior, the SRO and Police Department officers must make reasonable efforts to ensure that the student’s parent or guardian is present during questioning. Should the parent or guardian not be present during questioning, the SRO and Police Department officers must ensure that school personnel, including, but not limited to, a school social worker, a school psychologist, a school nurse, a school guidance counselor, or any other mental health professional, are present during questioning. Further, if practicable, the SRO and Police Department officers must make reasonable efforts to ensure that a law enforcement officer trained in promoting safe interactions and communications with youth is present during the questioning. The above provisions do not apply to circumstances that would cause a reasonable person to believe that urgent and immediate action is necessary to: a) Prevent bodily harm or injury to the student or any other person; b) Apprehend an armed or fleeing suspect; c) Prevent the destruction of evidence; and/or d) Address an emergency or other dangerous situation. See School Code Section 22-85 (105 ILCS 5/22-85). ===== PDF PAGE 26 ===== [Extraction: OCR (rendered-page OCR)] 15. 16. BODY-WORN CAMERAS (BWCs). All parties agree that the use of the BWCs by officers must be subject to and in compliance with federal, state, and local regulations regarding the use and operation of BWCs. The Police Department may, if not otherwise prohibited by law, provide to the School District copies of any such filming of students, parents, employees, or others on school property, upon request for such copies by the School District, as a law enforcement record. In the event that the Police Department receives advice that providing a copy of such videos is prohibited, the Police Department agrees to utilize its best efforts to facilitate the availability of the officer(s) that made the video to testify, upon request by the School District, in any disciplinary hearing concerning his/her/their knowledge of the facts and circumstances of the videoed incident. Any such film or video taken by, and kept in the possession of the Police Department may be considered law enforcement records under the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. Section 1232g and 34 C.F.R. Section 99.8) and II]. School Student Records Act (ISSRA) (105 ILCS 10/2(d)). Any copy of such film or video, if permitted by law to be provided to the School District, may become an educational record of the School District. The Police Department’s officers shall at all times recognize and comply with the confidentiality of the student and education records. SCHOOL CROSSING GUARDS. The City and School District agree to equally share the costs associated with crossing guards to be providing services at the following locations: Gary’s Mill Road (Currier School), Brown/Kenwood (Pioneer School), Ingalton/James (Turner School), National/Elite (Turner School), Joliet/Forest (Gary School), Marcella/Thomas (Wegner School) and Marcella/Westwood (Wegner School). The City will contract with a third party to provide crossing guard services and shall invoice the School District for 50% of those costs on a quarterly basis; the School District shall also reimburse the City for 40% of the cost of a Crossing Guard Supervisor. Said reimbursement shall be made within thirty (30) days of the date of the invoices. IN WITNESS, WHEREOF, the parties have executed this Agreement on the date set forth below. CITY OF WEST CHICAGO, an Illinois municipal corporation By: Mayor Date: WEST CHICAGO ELEMENTARY SCHOOL DISTRICT NO. 33, a body corporate and politic By: President Date: ===== PDF PAGE 27 ===== [Extraction: OCR (rendered-page OCR)] AGREEMENT BETWEEN THE CITY OF WEST CHICAGO AND THE BOARD OF EDUCATION OF ST. CHARLES COMMUNITY UNIT SCHOOL DISTRICT #303 This agreement is entered between the City of West Chicago (the “City”) and the Board of Education of St. Charles Community Unit School District #303 (the “School District”). WHEREAS, the School District and the City are authorized to enter into this agreement pursuant to the Illinois School Code, 105 ILCS 5/10-20.14, the Illinois Constitution, art. VII, §10(a) et seq., and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. NOW THEREFORE, the School District and the City hereby agree to equally share the costs associated with one crossing guard Bainbridge Boulevard and Smith Road for students going to and from Norton Creek School. The City will contract with a third party to provide crossing guard services and shall invoice the School District for 50% of those costs on a quarterly basis; the School District shall also reimburse the City for 10% of the cost of a Crossing Guard Supervisor. Said reimbursement shall be made within thirty (30) days of the date of the invoices. IN WITNESS, WHEREOF, the parties have executed this Agreement on the date set forth below. CITY OF WEST CHICAGO, an Illinois municipal corporation By: Mayor Date: ST. CHARLES COMMUNITY UNIT SCHOOL DISTRICT NO. 33, a body corporate and politic By: President Date: