===== PDF PAGE 234 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO FINANCE COMMITTEE AGENDA ITEM SUMMARY TEM TITLE: Resolution No. 24-R-0059 AGENDA ITEM NUMBER: A Resolution Approving a Service Agreement with Training For What’s Next, LLC, to oversee training for the West Chicago Police | FILE NUMBER: Department. COMMITTEE AGENDA DATE: August 5, 2024 COUNCIL AGENDA DATE: August 5, 2024 PREPARED BY: Colin Fleury, Chief of Police SIGNATURE APPROVED BY: Michael Guttman, City Administrator SIGNATURE ITEM SUMMARY: The City currently has a dedicated full-time sworn Police Officer assigned as the Training Coordinator for the Department. Next year, that position will cost the City about $122,000 in salary plus pension and benefits. The Agreement with Training For What’s Next, LLC would be for $104,000 per year. Training For What’s Next, LLC staff will oversee the implementation, record keeping, scheduling, and securing training for all sworn and civilian employees in the Police Department. It will also be responsible for keeping all sworn officers compliant with the Illinois Law Enforcement Training and Standards Board Executive Institute (ILETSB). Due to rising inflation and costs, this Service Agreement will allow the City to continue to provide essential oversight of training services for the Police Department staff at a lower cost. President of Training For What’s Next LLC, Ed Berg, will soon be a retired Police Officer for the City of West Chicago after 28 years of service and, at one point, he was assigned as the Training Coordinator for the Police Department, doing an excellent job. Staff is requesting to enter into a Service Agreement with Training For What’s Next LLC for an amount not to exceed $104,000 per year for services through January 2027. Please see the attached Service Agreement, Exhibit A. ACTIONS PROPOSED: Staff recommends approval of Resolution No. 24-R-0059 COMMITTEE RECOMMENDATION: ===== PDF PAGE 235 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 24-R-0059 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CERTAIN AGREEMENT WITH TRAINING FOR WHAT?’S NEXT, LLC. 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 Training for What’s Next, LLC., a two (2) year contract. APPROVED this Sth day of August 2024. AYES: NAYES: ABSTAIN: ABSENT: Mayor Ruben Pineda ATTEST: Executive Office Manager Valeria Perez Page 1 of 1 ===== PDF PAGE 236 ===== [Extraction: OCR (rendered-page OCR)] AGREEMENT BETWEEN THE CITY OF WEST CHICAGO AND TRAINING FOR WHAT’S NEXT SERVICES FOR THE OVERSEEING OF THE WEST CHICAGO POLICE DEPARTMENT TRAINING PROGRAM This Agreement (hereinafter "AGREEMENT") is entered into this 5'" day of August 2025 between the City of West Chicago, an Illinois Municipal Corporation (hereinafter "CITY") with offices located at 475 Main Street, West Chicago, Illinois 60185, and Training for What’s Next, LLC services (hereinafter "TRAINING FOR WHAT'S NEXT") with an office located at 435 S. Oak Glenn, Bartlett, Illinois 60103. RECITALS WHEREAS, Edward Berg, owner of TRAINING FOR WHAT’S NEXT, has been affiliated with the City as an employee since 1996, and has worked extensively as a Police Officer for the City, and is educated and professionally trained in the management, oversight, operation, and of the West Chicago Police Department’s Training Program; and WHEREAS, the CITY desires to have TRAINING FOR WHAT’S NEXT provide professional consulting services for operating the Program and employ its expertise in scheduling, operating, documenting, and procuring training for all Police Department personnel; and WHEREAS, TRAINING FOR WHAT’S NEXT desires to provide professional consulting services for the training of Police Department personnel; and WHEREAS, the parties desire to enter into this AGREEMENT in order to provide a full statement of their respective obligations. NOW, THEREFORE, in consideration of the promises and mutual covenants herein, and other good and valuable consideration acknowledged by the parties, the parties agree as follows: ARTICLE I. OPERATING PARAMETERS Section 1: Assignment. TRAINING FOR WHAT’S NEXT shall serve as the West Chicago Police Department’s Training Coordinator and shall be responsible for fulfilling the goals and responsibilities described in Attachment A, attached hereto and made a part hereof, and do so in a manner that is consistent with the ethics, standards, and professional practices of the West Chicago Police Department and the Illinois Law Enforcement Training and Standards Board (ILETSB), which are incorporated herein by reference. Section 2: Location and Equipment. While TRAINING FOR WHAT’S NEXT will operate out of an office located at 435 S. Oak Glenn, Bartlett, [linois 60103, its owner will be permitted to use space at the Police Station and Kress Road Training Facility in order to fulfill its obligations under this AGREEMENT. For the ===== PDF PAGE 237 ===== [Extraction: OCR (rendered-page OCR)] purposes of operating as the Police Department's Training Coordinator and otherwise carrying out its responsibilities under this AGREEMENT, TRAINING FOR WHAT’S NEXT may utilize the CITY'S existing furniture (e.g., desks, chairs, tables, etc.) and equipment (e.g. computer hardware, copier, scanner, software, telephones, etc.) presently at the Police Station. TRAINING FOR WHAT’S NEXT shall exercise reasonable care and shall be responsible for protecting and presenting said furniture and equipment. The CITY shall be responsible for the maintenance agreements for all equipment (e.g. copier, computers, etc.). The CITY shall be responsible for the replacement of said furniture and equipment when needed as solely determined by the CITY. Section 3: Hours of Work TRAINING FOR WHAT’S NEXT shall determine the hours of work necessary for carrying out its obligations under this AGREEMENT. From time to time, the City may make requests for when that work should be performed; TRAINING FOR WHAT’S NEXT shall reasonably accommodate those requests. Section 4: Miscellaneous Provisions. 4.1 The CITY shall continue to maintain training records on computer files on a server and provide technical support to the extent maintenance and support is currently provided. 4.2 TRAINING FOR WHAT’S NEXT shall not add any software products, upgrades, applications or make any other changes to computer equipment without prior written authorization of the CITY. 43 The City shall provide, at its own cost and expense, all necessary office and equipment-related supplies needed in order to provide the required services under the AGREEMENT. 4.4 The Chief of Police will be responsible for AGREEMENT oversight, receiving the quarterly reports from BERG, and serving as the primary CITY contact for TRAINING FOR WHAT’S NEXT. 4.5 TRAINING FOR WHAT’S NEXT shall follow policies and requirements of the CITY and its insurance carrier/broker regarding reporting of accidents or other incidents associated with potential liability and shall report accidents and/or injuries to the Chief of Police within twenty-four (24) hours of the incident. ARTICLE II. OPERATING FEE AND REPORTING Section |. Operating Fee. The CITY shall compensate TRAINING FOR WHAT’S NEXT for acting as the Police Department’s Training Coordinator and otherwise carrying out its responsibilities under this AGREEMENT an annual fee in the amount of $104,000. The CITY agrees to pay TRAINING FOR WHAT’S NEXT in twelve (12) equal monthly installments of ===== PDF PAGE 238 ===== [Extraction: OCR (rendered-page OCR)] $8,666.70. For purposes of payment, TRAINING FOR WHAT’S NEXT shall submit to the CITY an invoice that shall be e-mailed to the CITY no later than six business days prior to the date of the first City Council meeting of each month. Payment to TRAINING FOR WHAT’S NEXT shall be made following approval by the City Council. TRAINING FOR WHAT’S NEXT agrees to timely deposit, within thirty (30) days of the check issue date, all checks issued by the City that are made payable to TRAINING FOR WHAT’S NEXT. TRAINING FOR WHAT’S NEXT agrees to reimburse the CITY for any and all bank fees associated with the replacement of lost or stale-dated checks as a result of TRAINING FOR WHAT’S NEXT’s failure to timely deposit such checks. Section 2. Reporting. TRAINING FOR WHAT’S NEXT shall provide quarterly reports for each calendar year quarter to the CITY or before the last day of January, April, July, and October, beginning in April. The format and content of said reports shall be as may be mutually agreed upon by CITY and TRAINING FOR WHAT’S NEXT. ARTICLE II. TERM AND TERMINATION OF AGREEMENT Section 1. Term. This AGREEMENT shall become effective on February 1, 2025and shall be for a term of twenty-four (24) months. The AGREEMENT may be terminated earlier by either party for any reason upon thirty (30) days written days to the other party. Should the agreement be terminated early, the CITY shall not be obligated to make any further payments (for the remainder of the AGREEMENT) to TRAINING FOR WHAT’S NEXT. Section 2. Renewal. Should one of the parties wish to create a successor AGREEMENT, including altering the amount of the operating fee, written notice must be provided to the other party at least ninety (90) days prior to the expiration of the term. Section 3. Surrender of Possession. Upon the expiration of the Term or upon the termination of TRAINING FOR WHAT’S NEXT’S right of possession, TRAINING FOR WHAT’S NEXT shall forthwith surrender all CITY property to the CITY in good order, repair, and condition, ordinary wear and tear excepted. TRAINING FOR WHAT’S NEXT shall also immediately vacate the designated training spaces. ARTICLE IV. GENERAL PROVISIONS Section 1. Independent Contractor. The provisions of this AGREEMENT are neither intended to create nor shall any be deemed or to be construed by the parties to create any relationship between the parties hereto other than that of independent entities contracting with each other solely for the purpose of effecting the provisions of this AGREEMENT. ===== PDF PAGE 239 ===== [Extraction: OCR (rendered-page OCR)] 1.1 TRAINING FOR WHAT’S NEXT shall not be entitled to participate in any plans, arrangements, or distributions by the CITY pertaining to, or in connection with, insurance or similar benefits for CITY employees. In addition, the CITY shall have no responsibility for withholding income tax, social security tax, or unemployment insurance from the compensation paid to TRAINING FOR WHAT’S NEXT. TRAINING FOR WHAT’S NEXT’S compensation shall be reported on IRS Form 1099 or such successor and/or additional forms as may be required from time to time by the United States Internal Revenue Service. 1.2 TRAINING FOR WHAT’S NEXT is retained by the CITY only for the purpose and to the extent set forth in this AGREEMENT, and its relation to the CITY during the period or periods of this AGREEMENT and services hereunder, shall be that of an independent contractor, and it shall not be authorized to act as agent, employee, servant or officer of the CITY. Edward Berg, sole shareholder of TRAINING FOR WHAT’S NEXT, shall be free to dispose of such portion of his time, energy, and skill during such hours as he is not performing services for the CITY in such manner as he sees fit and to such persons, firms and corporations as he sees advisable. 1.3 TRAINING FOR WHAT’S NEXT shall provide a W-9 form to the City as required for independent contractors. Section 2. Entire Agreement: Modification. This AGREEMENT contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications between the parties relating to such subject matter. This AGREEMENT may not be amended or modified except by mutual written agreement. Section 3. Compliance with Applicable Law. Each party agrees to comply with all applicable local, state, and federal laws. Section 4. Governing Law and Jurisdiction. This AGREEMENT shall be construed in accordance with the laws of the State of Illinois. The parties agree that the exclusive venue for resolving any disputes arising from or under the terms of this AGREEMENT shall be in the 18thJudicial Circuit Court of DuPage County, Illinois. Section 5. Partial Invalidity. If any provision of this AGREEMENT is prohibited by any applicable law or court decree, said prohibition shall not invalidate or affect the remaining provisions of this Agreement. Section 6. Notices. All notices hereunder by either party to the other shall be in writing, delivered personally, by certified or registered mail, return receipt requested, or by Federal Express or Express Mail, and shall be deemed to have been duly given when delivered personally as follows: ===== PDF PAGE 240 ===== [Extraction: OCR (rendered-page OCR)] If to the CITY: City of West Chicago 475 Main Street West Chicago, Illinois 60185 Attention: Michael Guttman, City Administrator If to TRAINING FOR WHAT’S NEXT: Edward Berg 435 S. Oak Glenn Bartlett, IL 60103 or to such other persons or places as either party may from time to time designate by written notice to the other. Section 7. Waiver. A waiver by either party of a breach or failure to perform hereunder shall not constitute a waiver of any subsequent breach or failure. Section 8. Captions. The captions contained herein are used solely for convenience and shall not be deemed to define or limit the provisions of this AGREEMENT. Section 9. Assignment; Binding Effect. The CITY shall not assign or transfer, in whole or inpart, this AGREEMENT or any of CITY'S rights, duties or obligations under this AGREEMENT without the prior written consent of TRAINING FOR WHAT’S NEXT, and any assignment or transfer by the CITY without such consent shall be null and void. This AGREEMENT shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, representatives, successors and permitted assigns. Section 9. Assignment. TRAINING FOR WHAT’S NEXT shall not assign or transfer, in whole or in part, this AGREEMENT or any of TRAINING FOR WHAT?’S NEXT?’S rights, duties, or obligations under this AGREEMENT without the prior written consent of the CITY, and any assignment or transfer by TRAINING FOR WHAT’S NEXT without such consent shall be null and void. This AGREEMENT shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, representatives, successors and permitted assigns. ===== PDF PAGE 241 ===== [Extraction: OCR (rendered-page OCR)] IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first written above. CITY OF WEST CHICAGO TRAINING FOR WHAT’S NEXT Ruben Pineda, Mayor Edward Berg, Owner Date: Date: ===== PDF PAGE 242 ===== [Extraction: OCR (rendered-page OCR)] ATTACHMENT A The Training Coordinator/PIO is responsible for the Police Department's training and dissemination of information in support of the Department, including the scheduling, documentation, and reporting of all training and providing information and assistance to the public on behalf of the department. The average workweek is 40 hours. The Training Coordinator must remain current with any changes in state or federal law. EXAMPLES OF IMPORTANT RESPONSIBILITIES AND DUTIES--Important responsibilities and duties may include, but are not limited to, the following: Schedule annual Department training, such as firearms training, less-than-lethal training, tactical response training, and all ILETSB-mandated training, along with mandated city-required training, to include in-house and outside the City of West Chicago. Document, record, and report all Department members' training and maintain department member's training files. Oversee the maintenance, replenishment, and purchasing of Department gear and equipment. Schedule and coordinate all out-of-state and in-state training such as conferences and expos. Coordinate the onboarding process of new hires for the department. Identify and recommend training that will enhance relations between the community, media, City officials, City staff, and members of the Police Department. Act as the backup to the Police Department's LEADS Coordinator. Assist in preparing annual budget and project cost estimates concerning the Police Department’s training needs and associated equipment and informing CITY as to amounts that should be included in the upcoming budget Establish communications and good public relations within the community. Work to secure financial support for training initiatives. Attend training conferences and workshops to stay current with Police training practices, applicable case law. Network with other training personnel. Attend regional and local meetings. Seek out, apply for, and manage grant funding for training programs and equipment. ===== PDF PAGE 243 ===== [Extraction: OCR (rendered-page OCR)] Compile and accurately account for all training of the Department and its officers. Follow safety policies/procedures. Report all unsafe conditions and acts to the supervisor. Report all accidents to supervisor immediately. Follow recognized safe work practices. Perform related duties and responsibilities as required. Maintain confidentiality of information. Ability to flex work hours to accommodate training. Maintain accurate records and files.