HomeMy WebLinkAbout09-203 ,
Resolution No. 09-203
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
KANE COUNTY CHILD ADVOCACY CENTER FOR FUNDING ASSISTANCE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that
Sean R. Stegall, City Manager, and Diane Robertson,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 through the Kane County State's Attorney 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: September 23, 2009
Adopted: September 23, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
Office of the Kane County State's Attorney
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JOHN A. BARSANTI
State's Attorney
Kane County Judicial Center General Offices:
37W777 Route 38 Suite 300 (630)232-3500
St.Charles, Illinois 60175 Writer's Direct Dial:
(630) 845-3789
2010 AGREEMENT
THIS AGREEMENT is made and entered into this o?3 day of ,
20pq, 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
his 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,
2010 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, 2010.
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: John A. Barsanti
Kane County State's Attorney
37W777 Rt. 38
St. Charles, IL 60178
To City: Lisa Womack, 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 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
By ,(41/0 1. By it i `„; 1
Title: City Manager Tit - Kane County State's Attorney
Attest:
Title: City Clerk
0 OF F�
C' //, City of Elgin i g i n Agenda Item No.
?1TED FEb� .
September 3, 2009
TO: Mayor and Members of the City Council
FROM: Sean R. Stegall, City Managers- "'` Community
Cecil E. Smith, Deputy 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.
RECOMMENDATION
rb. It is recommended that the City Council approve entering into an agreement with the Kane
County Child Advocacy Center(KCCAC) in the amount of$35,000.
BACKGROUND
KCCAC operates within the Kane County States Attorneys office. Opening in 1994, KCCAC
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
Department of Children and Family Services.
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.
The funding requested by the KCCAC is $35,000 for 2010. 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 $112,803.60 for a senior police
officer with benefits.
rThe City has annually participated in the program since 2000 with a contribution of$35,000.
Agreement with Kane County Child Advocacy
September 3,2009
Page 2
I
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT -/V/
The cost of the agreement with the Kane County Child Advocacy Center will total $35,000. The
agreement is scheduled to take effect on January 1, 2010 and will need to be included as part of
the 2010 budget. Account number 010-2304-731.30-99, General Fund, Public Safety,
Miscellaneous Professional Services,would be charged.
EGAL IMPACT
WINone
ALTERNATIVES
1. The City Council may choose to provide funding to the KCCAC in the amount of
$35,000.
2. The City may choose to assign an officer to the Center to handle cases that occur in the
City.
3. The City may choose not to provide funding or to assign an existing officer to the
KCCAC.
Respectfully submitted for Council consideration.
CES/ces
Attachment
I
Office of the Kane County State's Attorney
•
ju
•
JOHN A.-BARSANTI
State's Attorney
Kane County Judicial Center General Offices:
37W777 Route 38 Suite 300 (630)232-3500
St.Charles,Illinois 60175 Writer's Direct Dial:
(630)845-3789
2010 AGREEMENT
THIS AGREEMENT is made and entered into this_day of
20_,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
rik
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
his 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,
2010 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, 2010.
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.
441)
9. All notices delivered hereunder shall be in writing and shall be served upon the parties
rk. at the following addresses:
To States Attorney: John A. Barsanti
Kane County State's Attorney
37W777 Rt. 38
St. Charles, IL 60178
To City: Lisa Womack, 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 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
By By c, �L, : 4
Title: City Manager Tit Kane County State's Attorney
Attest:
Title:City Clerk
•
r
`,clOFE4o
`rte% City of Elgin Memorandum
4
%TED EV°
Date: September 28, 2009
To: Cecil Smith, Police Deputy Chief
From: Jennifer Quinton, Deputy City Clerk
Subject: Resolution No. 09-203, Adopted at the September 23, 2009, Council Meeting
Enclosed you will find the agreement listed below. Please retain a copy for your records. If you
have any questions please feel free to contact our office 847-931-5660 and we will do our best to
assist you. Thank you.
• Agreement with the Kane County Child Advocacy Center for Funding Assistance