HomeMy WebLinkAbout20-112 Resolution No. 20-112
RESOLUTION
AUTHORIZING EXECUTION OF A 2021 AGREEMENT WITH THE
KANE COUNTY CHILD ADVOCACY CENTER FOR FUNDING ASSISTANCE
RELATING TO THE INVESTIGATION OF SENSITIVE CRIMES INVOLVING CHILDREN
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute a 2021 Agreement on behalf of the City of Elgin with the
Kane County Child Advocacy Center by and through the Kane County State's Attorney, for
funding assistance relating to the investigation of sensitive crimes involving children, a copy of
which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: August 26, 2020
Adopted: August 26, 2020
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
Office of the Kane County State's Attorney
04
qLU.25!`
JOSEPH H. MCMAHON
State's Attorney
Kane County Judicial Center General Offices:
37W777 Route 38 Suite 300 (630)232-3500
St.Charles,Illinois 60175
2021 AGREEMENT
THIS AGREEMENT is made and entered into this 26 day of August
20_Zg 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 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 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,
2021 and the remaining payments due and payable on the fust day of each subsequent month
during the term of this Agreement.
3. The term of this Agreement shall terminate on December 31,2021.
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: Joseph H. McMahon
Kane County State's Attorney
37W777,Rt. 38
St. Charles, IL 60175
To City: Anna Lalley, 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/ KANE CO S TE'S ATTORNEY
By ( B
Title: City Manager Tit Kane County State's Attorney
Att t:
Title: City Clerk