HomeMy WebLinkAbout20-158Resolution No. 20-158
RESOLUTION
AUTHORIZING EXECUTION OF A 2020 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 2020 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.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Resolution No. 20-112 adopted on August 26, 2020, providing for the execution
of an agreement with the Kane County Child Advocacy Center, be and is hereby repealed.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented:: December 2, 2020
Adopted: : December 2, 2020
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberhv Dewis
Kimberly Dewis, City Clerk
Office of the Kane County State"s Attorney
Kane County Judicial Center
37W777 .Route 38 Suite 300
St. Charles, Illinois 60175
"19'. 11"
JOSEPH H. McMAHON
State's Attorney
2020 Agreement
General Offices:
(630)232-3500
THIS AGREEMENT is made and entered into this 2nd day of December_
20 q 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 511-1-1 et seq., an4 predecessor salutes and
having those home rule powers granted pursuant to Article VII, Section 6 of the 1970 Illinois
Constitution; and
WHERAS, 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 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,
2020 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 December 31, 2020.
4. This Agreement shall not be constructed 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
presentations, promises, terns 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
as 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
tennination, prorated to such date. Such tenninations 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 descried in
paragraph I above.
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Title _City Mana.er
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Title Cit` Clerk
KANE CQUNTY,WATFFS ATTORNEY
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BY
T)I/le Kane County State's Attorne