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HomeMy WebLinkAbout22-93 Resolution No. 22-93 RESOLUTION AUTHORIZING EXECUTION OF A 2022 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 2022 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:June 8, 2022 Adopted: June 8, 2022 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk Office of the Kane County State's Attorney �,t%.Tt'bAryy,_ Jamie L. Mosser State's Attorney Kane County Judicial Center General Offices: 37W777 Route 38 Suite 300 (630)232-3500 St.Charles, Illinois 60175 2022 Agreement THIS AGREEMENT is made and entered into this 8th day of Tune , 2022, 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., and 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, 2022 and the remaining payments due and payable on the first day of each subsequent month during the term of this Agreement. 3. EPD shall assign a part-time officer(2 days per week)to the CAC location in Geneva, Illinois. The assigned officer shall be a certified juvenile officer and have investigative experience and interrogation training. 4. The assigned officer shall investigate cases arising from the City of Elgin and under the Kane County Protocol for cases of Sexual Abuse (hereinafter referred to as the "Protocol", as may be revised from time to time, a copy of which is made part hereof as Attachment"A". All investigations and police activities shall be performed in accordance with established best practices and applicable law. 5. The State's Attorney's Office shall provide a vehicle for the police officer's use. The City of Elgin shall be responsible for maintaining its own insurance or self-Insurance program with respect to liabilities to its employees or to third parties that may reasonably result from the performance of its lawful functions, including those functions which are contemplated by this Agreement, and shall specifically include without limitation auto liability, law enforcement liability, and general liability insurance coverage. 6. EPD shall be responsible for the police officer's salary as an employee of the City to Elgin, including all benefits and any overtime hours necessary for the assigned police officer to fulfill his or her obligations under this agreement. The City of Elgin shall be responsible for providing for the assigned officer worker's compensation insurance and benefits, unemployment insurance benefits. 7. Each party to this Agreement shall bear the cost of its own defense. This Agreement shall not be construed as seeking to either enlarge or diminish any obligation or duty owed by one party with respect to third parties or to increase the liability of any party beyond that which is imposed by law. 8. The State's Attorney shall provide to the assigned police officer child sexual abuse specific training, a dedicated work space at the CAC, including a desk, phone, audio recorder, camera, office supplies and a computer. 9. The assigned police officer shall at all times be considered an employee of EPD and shall be subject to EPD's personnel and disciplinary policies and procedures, as well as any applicable collective bargaining agreement. The City of Elgin shall be responsible for defending and indemnifying the assigned officer with respect to his her work performed under this agreement in accordance with law. 10. The term of this Agreement shall terminate December 31, 2022. 11. This Agreement shall not be constructed so as to create a joint venture, partnership, or employment relationship of any kind between the parties hereto. 12. 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. 13. 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. 14. If any of the terms of this Agreement conflict with any of the terms of any other written Agreement between the parties, hereto, the terns of this Agreement shall apply. 15. This Agreement shall be subject to and governed by the laws of the State of Illinois. 16. 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 terminations 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 1 above. 17. All notices delivered hereunder shall be in writing and shall be served upon the parties as the following addresses: To States Attorney: Jamie L. Mosser Kane County State's Attorney 37W777 Rt. 38 St. Charles, IL 60175 To City: Ana Z. Lalley, Chief of Police City of Elgin 150 Dexter Court Elgin, Illinois 60120 CITY O KANE,,CCOUNTY STATE'S ATTORNEY Y Y B B `lLIM-W- Most,, Title City Manager Title Kane County State's Attorney X : Title City Clerk