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Home My WebLink About09-41 Resolution No. 09-41 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 Olufemi Folarin, 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: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk Office of the Kane County State's Attorney t��g STATB pF d ;; �h� �v .:�+ may .s 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 AGREEMENT THIS AGREEMENT is made and entered into this r day of 2009,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, 2009 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, 2009. 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 _ By .— 1"/ ' •„ ��'� Title: Cit Ma lager Ti - Kane County State's Attorney Attest: Title: City Clerk v ice+, February 5, 2009 s a1i TO: Mayor and Members of the City Council ._.- FROM: Olufemi Folarin, City Manager 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 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, 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. The funding requested by the KCCAC is $35,000 for 2009. 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. The City has annually participated in the program since 2000 with a contribution of$35,000. . Agreement with Kane County Child Advocacy February 5, 2009 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT There are sufficient funds budgeted ($39,800) and available ($39,800) in account number 010- 2304-731.30-99, General Fund, Public Safety, Miscellaneous Professional Services, to enter into this agreement with the Kane County Child Advocacy Center in the amount of$35,000. LEGAL IMPACT None 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