2002-136 AUTHORIZING EXECUTION OF AGREEMENT

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� . � � . , AGREEMENT THIS AGREEMENT is made by and between the CITY OF DECATUR, ILLINOIS ("CITY"), a municipal corporation, and the BOARD OF EDUCATION OF DECATUR SCHOOL DISTRICT NO. 61 IN MACON COUNTY, ILLINOIS ("DISTRICT 61"), a body politic. WHEREAS, DISTRICT 61 is authorized and empowered to "employ persons for the purpose of directing traffic ... on or along streets and highways or portions thereof within a radius of one mile from ... school grounds ...", upon receiving approval therefor from the public body having jurisdiction over said streets and highways, pursuant to provisions of the Schoo! Code (105 ILCS 5/10-22.28a); and WHEREAS, the CITY is likewise empowered to employ persons to act as schoot crossing guards, pursuant to provisions of the Municipal Code (65 ILCS 5/11-80-23) and pursuant to its powers as a home rule unit; and, WHEREAS, the CITY and DISTRICT 61 are each further authorized and empowered to enter agreements whereby they may exercise, combine or transfer their respective powers, privileges and functions, pursuant to the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et-seq.) and Section 10 of Article VII of the Constitution of the State of Illinois; and, WHEREAS, the CITY and DISTRICT 61 agree that the employment of school crossing guards to protect the safety of children attending the Decatur public schools is in the public interest and requires the cooperation of both the CITY and DISTRICT 61. NOW, THEREFORE, the CITY and DISTRICT 61 hereby agree as follows: SECTION 1. DISTRICT 61 shall retain persons to direct traffic relative to school crossings, as provided by statute, in such numbers and in such manner as shall be deemed proper and sufficient by DISTRICT 61. Such persons may be employees of DISTRICT 61 or employees of an independent contractor hired by DISTRICT 61. SECTION 2. Monthly, DISTRICT 61 shall submit to the CITY invoices detailing the employment expenses for that month directly related to those persons retained to direct traffic at school crossings. For the purposes of this Agreement, "employment expenses" may mean either the salaries and benefits paid to or on behalf of persons employed by DISTRICT 61 or fees paid to independent contractors employing those persons directing traffic. Such invoices must be submitted to the CITY on or before the fifteenth (15th) day of the month following the month for which they are submitted and shall contain such information as is required by the CITY to enable it to adequately and accurately ascertain DISTRICT 61's expenses. 1