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HomeMy WebLinkAbout03-160 Resolution No . 03-160 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 David M. Dorgan, 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/Ed Schock Ed Schock, Mayor Presented: June 11, 2003 Adopted: June 11, 2003 Omnibus Vote : Yeas 7 Nays : 0 Attest : s/Dolonna Mecum Dolonna Mecum, City Clerk • AGREEMENT THIS AGREEMENT is made and entered into this(1L day of :3-owe' 2003, 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 Kane County State's Attorney, (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, a 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 State's Attorney and/or her assign. State's Attorney will also provide a bi-lingual investigator when circumstances require such language skills. 2. City shall pay to the Office of the 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 payable monthly in twelve (12) equal installments of Two Thousand Nine Hundred Sixteen Dollars and sixty-seven cents($2916.67) with the first payment due and payable on January 1, 2003 and the remaining payments due and payable on the first day of each subsequent month during the term of this Agreement. 3. The term of this Agreement shall terminate on December 31, 2003. 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 States Attorney: Meg Gorecki Kane County State's Attorney 37W777 Rt. 38 St. Charles, IL 60178 To City: William D. Miller, Chief of Police City oaf Elgin 150 I xler 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 the date of termination, prorated to such date. Such termination shall be without penalty and shall not be construed so as to entitle either party to damages or other compensation. Upon such termination, State's Attorney shall not be obligated to provide the investigators and services as described in paragraph 1 above. CITY OF ELGIN KANE COUNTY STATE'S ATTORNEY Y G By B City Manager Title Kane County States's Attorney Attest: City Clerk s: 1 eece„eR �.0OFEzc,• -ti Agenda Item No. J IF City of Elgin g May 9, 2003 G N TO: Mayor and Members of the City Council .P.FF conlIAti"1-1- FROM: David M. Dorgan, City Manager W 1' William D. Miller, Chief of Police SUBJECT: Kane County Child Advocacy Agreement Renewal PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider renewing the purchase of services agreement with the Kane County Child Advocacy Center. eliik 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 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 provides a necessary service to the children and families of the community. Based on the case load from Elgin, the KCCAC 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 in the amount of $35, 000 would be more cost effective than assigning an officer at a cost of over $83 , 000 for a senior officer with benefits. rft The funding requested by the KCCAC is $35, 000 for 2003 compared to a full time police officer at top salary of approximately $61, 000 plus benefits . . ,• I'" Renewal of PSA with Kane County Child Advocacy Center May 9, 2003 Page 2 The City participated in 2000, 2001 and 2002 with a contribution of $35, 000 . Continuation of this agreement was included as a 2003 budget item. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. Ork- FINANCIAL IMPACT There are sufficient funds available ($36, 691 . 10) and budgeted in account number 010-2304-731 .30-99, General Fund, Public Safety, Miscellaneous Professional Services for this expenditure of $35, 000 . 03491/EGAL IMPACT None. f" ALTERNATIVES 1 . The City may choose not to provide funding or to assign an existing officer to the KCCAC. 2 . The City may choose to assign an officer to the Center to handle cases that occur in the City. RECOMMENDATION It is recommended that the City Council approve entering into the agreement with the KCCAC to provide funding for this service. Respectfully submitted for Council consideration. JJB/j j b Attachment F • r 111 Kane County yii/ Child Advocacy Center April 21, 2003 Chief William Miller Elgin Police Department 151 Douglas Elgin, IL 60120 Dear Chief Miller: I am writing to request formal renewal of the Agreement between the city of Elgin and 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 or severe physical abuse • investigations of EIgin reports. Therefore, the State's Attorney's Office has c.;;\,-.1C,Th, assumed the responsibility to employ a police officer to investigate all allegations 1co. (Dc" of child sexual abuse or severe physical abuse which occur in Elgin. This includes `°i investigation of cases requiring bi-lingual skills. Additionally, we are anticipating providing training to two of your officers to serve as liaisons with the Center. ° C-` �) 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 in year 2002, namely $35, 000.00. I apologize for the delay in renewing this agreement. It seems that we have a history of taking care of this in April. I have enclosed a copy of the 2003 agreement for your review. if this meets with you approval, I will forward the agreement to Meg Gorecki for her signature and return signed copies to you for your City Manager's signature. If you have any questions please feel free to contact me at 630-845-3789. I appreciate your assistance and cooperation in this matter and look forward to if e hearing from you. C_> Sincerely, J Lori J. Chassee Executive Director oo' _ j`l.kte? 428 James Street Geneva, Illinois 60134 V 630-208-5160 phone 630-208-5159 far.