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HomeMy WebLinkAbout01-77 Resolution No. 01-77 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE KANE COUNTY CHILD ADVOCACY CENTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Kane County Child Advocacy Center by and through the State' s Attorney' s Office for funding assistance for the investigation of incidents of child abuse and juvenile sexual abuse, a copy of which is attached hereto and made a part hereof by reference . s/ John Walters John Walters, Mayor Pro Tem Presented: March 28 , 2001 Adopted: March 28 , 2001 Omnibus Vote : Yeas 5 Nays : 0 Attest : s/ Suellyn Losch Suellyn Losch, Deputy City Clerk AGREEMENT THIS AGREEMENT is made and entered into this / day of M'± ff 2001, by and between the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as "City") and the Kane County Child Advocacy Center by and through the State's Attorney's Office, (hereinafter referred to as "State's Attorney"). WHEREAS, City is a municipal corporation organized and existing under the authority of the Illinois Municipal Code of 1961, 65 ILCS 5/1-1-1 et seq., and predecessor statutes and having those home rule powers granted pursuant to Article VII, Section 6 of the 1970 Illinois Constitution; and WHEREAS, State's Attorney and City have each determined it to be in their best interests and the best interests of the citizens of City and Kane County for State's Attorney and City to cooperate in the investigation and prosecution of certain crimes as delineated herein, NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. The Kane County Child Advocacy Center, subdivision of the Kane County State's Attorney's Office, shall assign a full-time investigator to investigate all cases arising from within the geographic boundaries of City, who is specifically trained to investigate and assist in the prosecution of cases subject to the Kane County Protocol for Cases of Sexual Abuse and Severe Physical Abuse of Children, (hereinafter referred to as "Protocol") as may be revised from time to time, a copy of which is attached hereto and made a part hereof as Attachment"A". Such investigator shall be exclusively employed, supervised and directed by Kane County State's Attorney and/or her assign. A bi-lingual Investigator will also be provided by State's Attorney when circumstances require such language skills. 2. City shall pay to State's Attorney the sum of$35,000.00 (Thirty-Five Thousand Dollars). Such payment of$35,000.00 (Thirty-Five Thousand Dollars) shall be made in twelve (12) equal installments of Two Thousand Nine Hundred Sixteen Dollars and sixty-seven cents ($2916.67) on a monthly basis during the calendar year 2001. 3. This agreement shall terminate on December 31, 2001. 4. This agreement shall not be construed so as to create a joint venture,partnership, or employment relationship of any kind between the parties hereto. 5. In the event any of the terms or conditions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. 6. This agreement represents the entire agreement between the parties hereto. No oral representations, promises, terms or agreements have been made, and any such representations, promises, terms or agreements shall be of no force and effect. 7. If any of the terms of this agreement conflict with any of the terms of any other written agreement between the parties, hereto, the terms of this agreement shall apply. 8. This Agreement shall be subject to and governed by the laws of the State of Illinois. 9. All notices delivered hereunder shall be in writing and shall be served upon the parties at the following addresses: To: Meg Gorecki Kane County State's Attorneys Office 37W777 Rt. 38 St. Charles, IL 60178 To: William D. Miller, Chief of Police City of Elgin 150 Dexter Court Elgin, Illinois 60120 • • 10. This agreement may be terminated by either party hereto upon 60 days written notice. In the event this agreement is terminated by City for any reason, City shall not be required to make any further payments but shall be required to make all payments up to and including date of termination, prorated to such date. Such termination shall be without penalty and shall not be construed so as to entitle State's Attorney to damages or other compensation. State's Attorney may, however, reconsider provision of said services to City. CITY.: ELGIN KANE COUNTY STATE'S ATTORNEY By Ali A a• By City Manager Title Kane County States's Attorney Attest: 9iL '� City Clerk S:\agreement ,`��OF E(G , Agenda Item No.A City of Elgin g 2 \416124 er. *440.0 E �"` • G February 14 , 2001 � ; F3AF6 COMMUNITY TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Purchase of Service Agreement with the Kane County Child Advocacy Center PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into a purchase of services agreement with the Kane County Child Advocacy Center. BACKGROUND The Kane County Child Advocacy Center (KCCAC) operates within the Kane County States Attorneys office. Opening in 1994, the Center was established to investigate incidents of child abuse and sexual abuse of juveniles with a team of professionally trained and experienced members representing prosecution, police, and DCFS . Since the opening of the KCCAC in 1994, the Elgin Police Department has assigned an officer to the center to assist with Elgin cases . In 1999 that officer was withdrawn and returned to service with the Police Department . The Police Department assessed the needs of the City of Elgin and determined continued participation in the Center provides a necessary service to the children and families of the community. Based on the case load from Elgin, the Center needs either an officer assigned or funding assistance to conduct investigations . A review by Police Department staff determined that funding assistance from the City of Elgin would be more cost effective than assigning an officer. The funding requested by the KCCAC is $35, 000 for 2001 compared to a full time police officer at top salary of approximately $52, 000 plus benefits . The City participated in 2000 with a contribution of $35, 000 . Continuation of this agreement was included as a 2001 budget item. (0" PSA with Kane County Child Advocacy Center February 14, 2001 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . FINANCIAL IMPACT L There have been sufficient funds budgeted in the 2001 budget under account number 010-2304-731 . 30-99 for this expenditure of $35, 000 . LEGAL IMPACT W\431/ An intergovernmental agreement is required and has been prepared. ALTERNATIVES The City may choose not to provide funding or to assign an existing officer to the KCCAC. RECOMMENDATION rk It is recommended the Mayor and members of the City Council approve entering into the agreement with the KCCAC providing funding for the services . Respectfully submitted, .40; a . 44,......., Joe Al. Parker City Manager Attachment r \\\\\ • '' 4 h 4,0 ..a;: ",,, �1 r Office of the Kane County State's Attorney MEG GORECKI KANE COUNTY JUDICIAL CENTER 37W777 Route 38 State's Attorney Suite 300 St. Charles,Illinois 60175-7535 Phone: 630-232-3500 Fax: 630-232-6508 January 8, 2001 Chief Miller Elgin Police Department 151 Douglas Avenue Elgin, Illinois 60120 Re: Kane County Child Advocacy Center/Elgin Investigator Dear Chief Miller: E I am writing to request renewal of the Agreement between the City of Elgin and the Kane County State's Attorney's Office concerning the Kane County Child Advocacy Center. As you are aware,the Elgin Police Department(City of Elgin)no longer assigns an officer to the Child Advocacy Center to handle child sex abuse and severe physical abuse investigations of Elgin reports. Therefore,the State's Attorney's Office has assumed the responsibility to employ a police officer to investigate all allegations of child sexual abuse or severe physical abuse which occur in Elgin. This includes investigation of cases requiring bi-lingual skills. In exchange for this service, I ask that the City of Elgin renew its Agreement with the State's Attorney's Office for the same amount as agreed year 2000,namely$35,000.00. This amount would be payable in twelve(12) equal installments on a monthly basis during the calendar year of 2001 or in other installment amounts as agreed. Our agreement would cover the calendar year of 2001 and is enclosed herewith for signature on or before January 31, 2001. One other issue which I want to bring up,we currently do not have evidence that the title to the Dodge Intrepid referred to in the 2000 Agreement was ever transferred to the State's Attorney's Office. Please have some one contact Marianne Delaney at 630-406-7292 of my office so that we can accomplish that as quickly as possible. Thank you for your assistance and cooperation in this matter. Sincerely, Meg of ckt elk Kane County State's Attorney cc: Marianne Delaney Sandra Chidester