04-8 Resolution No. 04-8
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
David M.Dorgan,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/Ed Schock
Ed Schock,Mayor
Presented: January 28, 2004
Adopted: January 28, 2004
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this A?day of
2004i 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 her
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, 2004 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, 2004.
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: Meg Gorecki
Kane County State's Attorney
37W777 Rt. 38
St. Charles, IL 60178
To City: 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 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 / l��C By 1,12irtiedC
Title: City Manager Title Kane County State's Attorney
Attest:
Vf'41.-vve
Title: City Clerk
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January 9, 2004 G
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TO: Mayor and Members of the City Council
SAFE COMMUNITY
FROM: David M. Dorgan, City Manager
William D. Miller, 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.
rm. RECOMMENDATION
It is recommended that the City Council approve entering into
the agreement with the Kane County Child Advocacy Center (KCCAC)
to provide funding for this service .
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.
eift
The funding requested by the KCCAC is $35, 000 for 2004 . A review
by Police Department staff determined that funding assistance
from the City of Elgin in the amount of $35, 000 would be more
e...., Renewal of PSA with Kane County Child Advocacy Center
January 9, 2004
Page 2
cost effective than assigning an officer at a cost of over
$84, 000 for a senior officer with benefits .
The City participated in 2000, 2001, 2002, and 2003 with a
contribution of $35, 000 . Continuation of this agreement was
included as a 2004 budget item.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
INANCIAL IMPACT
There are sufficient funds available ($39, 000 . 00) and budgeted
in account number 010-2304-731 . 30-99, General Fund, Public
Safety, Miscellaneous Professional Services for this expenditure
of $35, 000.
47,,,ozrAL IMPACT
None.
ALTERNATIVES
1 . The City may choose not to provide funding or to assign an
existing officer to the KCCAC.
2 . The City may choose to assign an officer to the Center to
handle cases that occur in the City.
Respectfully submitted for Council consideration.
JJB/jjb
Attachment
r
AM. Kane County
A. Child Advocacy Center
December 1, 2004
Deputy Chief Jim Burns
Elgin Police Department
1�*rip a 151 Douglas
Elgin, IL 60120
Dear Deputy Chief Burns:
I am writing to request formal renewal of the Agreement between the city
of Elgin and 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 or 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
pof child sexual abuse or severe physical abuse which occur in Elgin. This includes
investigation of cases requiring bi-lingual skills
`, t 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 in
year 2003, namely$35, 000.00.
I have enclosed two signed copies of the proposed 2004 agreement for
your review. If this meets with your approval please forward for the proper
council action and for your City Manager's signature. If you have any questions
please feel free to contact me at 630-845-3789. I appreciate your assistance and
cooperation in this matter and look forward to hearing from you.
(c
(�) Sincerely,
t1)64C9i00012-1_2
Lori J. Chassee
Executive Director
cc: Chief William Miller
■
=t 428 James Street
/110 Geneva, Illinois 60134
630-208-5160 phone
630-208-5159 fax