01-77 Resolution No. 01-77
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
THE KANE COUNTY CHILD ADVOCACY CENTER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum,
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 by and through the State' s Attorney' s
Office 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/ John Walters
John Walters, Mayor Pro Tem
Presented: March 28 , 2001
Adopted: March 28 , 2001
Omnibus Vote : Yeas 5 Nays : 0
Attest :
s/ Suellyn Losch
Suellyn Losch, Deputy City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this / day of M'± ff
2001, 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 State's Attorney's
Office, (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, 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 Kane County State's
Attorney and/or her assign. A bi-lingual Investigator will also be provided by State's Attorney
when circumstances require such language skills.
2. City shall pay to 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 made in twelve
(12) equal installments of Two Thousand Nine Hundred Sixteen Dollars and sixty-seven cents
($2916.67) on a monthly basis during the calendar year 2001.
3. This agreement shall terminate on December 31, 2001.
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: Meg Gorecki
Kane County State's
Attorneys Office
37W777 Rt. 38
St. Charles, IL 60178
To: William D. Miller, 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 date of termination, prorated to such date. Such termination shall be without penalty
and shall not be construed so as to entitle State's Attorney to damages or other compensation.
State's Attorney may, however, reconsider provision of said services to City.
CITY.: ELGIN KANE COUNTY STATE'S ATTORNEY
By Ali A a• By
City Manager Title Kane County States's Attorney
Attest:
9iL '�
City Clerk
S:\agreement
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, Agenda Item No.A
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February 14 , 2001 � ;
F3AF6 COMMUNITY
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Purchase of Service Agreement with the Kane
County Child Advocacy Center
PURPOSE
The purpose of this memorandum is to provide the Mayor and members
of the City Council with information to consider entering into a
purchase of services agreement with the Kane County Child Advocacy
Center.
BACKGROUND
The Kane County Child Advocacy Center (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 the center 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 in the Center
provides a necessary service to the children and families of the
community. Based on the case load from Elgin, the Center needs
either an officer assigned or funding assistance to conduct
investigations . A review by Police Department staff determined
that funding assistance from the City of Elgin would be more cost
effective than assigning an officer.
The funding requested by the KCCAC is $35, 000 for 2001 compared to
a full time police officer at top salary of approximately $52, 000
plus benefits . The City participated in 2000 with a contribution
of $35, 000 . Continuation of this agreement was included as a 2001
budget item.
(0" PSA with Kane County Child Advocacy Center
February 14, 2001
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
FINANCIAL IMPACT
L
There have been sufficient funds budgeted in the 2001 budget under
account number 010-2304-731 . 30-99 for this expenditure of $35, 000 .
LEGAL IMPACT
W\431/
An intergovernmental agreement is required and has been prepared.
ALTERNATIVES
The City may choose not to provide funding or to assign an existing
officer to the KCCAC.
RECOMMENDATION
rk It is recommended the Mayor and members of the City Council approve
entering into the agreement with the KCCAC providing funding for
the services .
Respectfully submitted,
.40; a . 44,.......,
Joe Al. Parker
City Manager
Attachment
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Office of the Kane County State's Attorney
MEG GORECKI KANE COUNTY JUDICIAL CENTER
37W777 Route 38
State's Attorney Suite 300
St. Charles,Illinois 60175-7535
Phone: 630-232-3500
Fax: 630-232-6508
January 8, 2001
Chief Miller
Elgin Police Department
151 Douglas Avenue
Elgin, Illinois 60120
Re: Kane County Child Advocacy Center/Elgin Investigator
Dear Chief Miller:
E I am writing to request renewal of the Agreement between the City of Elgin and the Kane County State's
Attorney's Office concerning the Kane County Child Advocacy Center. As you are aware,the Elgin
Police Department(City of Elgin)no longer assigns an officer to the Child Advocacy Center to handle
child sex abuse and severe physical abuse investigations of Elgin reports. Therefore,the State's
Attorney's Office has assumed the responsibility to employ a police officer to investigate all allegations
of child sexual abuse or severe physical abuse which occur in Elgin. This includes investigation of cases
requiring bi-lingual skills.
In exchange for this service, I ask that the City of Elgin renew its Agreement with the State's Attorney's
Office for the same amount as agreed year 2000,namely$35,000.00. This amount would be payable in
twelve(12) equal installments on a monthly basis during the calendar year of 2001 or in other
installment amounts as agreed. Our agreement would cover the calendar year of 2001 and is enclosed
herewith for signature on or before January 31, 2001.
One other issue which I want to bring up,we currently do not have evidence that the title to the Dodge
Intrepid referred to in the 2000 Agreement was ever transferred to the State's Attorney's Office. Please
have some one contact Marianne Delaney at 630-406-7292 of my office so that we can accomplish that
as quickly as possible. Thank you for your assistance and cooperation in this matter.
Sincerely,
Meg of ckt
elk Kane County State's Attorney
cc: Marianne Delaney
Sandra Chidester