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05-339 Resolution No.05-339 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF SOUTH ELGIN (Joint Drug Enforcement Task Force) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock,Mayor, and Dolonna Mecum, City Clerk,be and are hereby authorized and directed to execute an Intergovernmental Agreement with the Village of South Elgin on behalf of the City of Elgin in connection with the Joint Drug Enforcement Task Force,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: December 21, 2005 Adopted: December 21, 2005 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF SOUTH ELGIN AND THE CITY OF ELGIN PROVIDING FOR THE ASSIGNMENT OF AN OFFICER TO A JOINT DRUG ENFORCEMENT TASK FORCE This Agreement is hereby made and entered into this l(,,,tday of LS-co..v4J 2005, by and between the Village of South Elgin Illinois, a municipal corporation (the "Village") and the City of Elgin, Illinois, a municipal corporation(the"City"). WHEREAS, the Village and City have each determined it to be in their bests interests to provide for the assignment of a village police officer to the city for the purpose of assistance on a joint drug enforcement task force (hereinafter referred to as"Task Force"); and" WHEREAS, the Village is willing to provide such an officer in accordance with the terms set forth herein; and WHEREAS, both the 1970 Illinois Constitution, (Article VII, Section 10) and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., authorize and encourage intergovernmental cooperation; and WHEREAS, both the Village and the City are interested in promoting the safety and security of their citizens through the operation of the joint drug enforcement task force. NOW,THEREFORE, in consideration of the promises, covenants, terms and conditions provided for herein, and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledge, the parties hereto hereby agree as follows :" SECTION 1. INCORPORATION OF RECITALS The foregoing recitals are incorporated into and made a part of this Agreement as if fully set forth herein. 247349.1 SECTION 2. OBLIGATIONS OF VILLAGE 2.0 Assignment of Police Officer to City The Village shall assign to the City on a full-time basis an officer chosen by Village Police Chief to serve on the Task Force (the "Officer"). However, the Officer shall remain an employee of the Village and all personnel rules applicable to the Village's police officers shall continue to apply to the Officer, and the Officer will at all times abide by all personnel rules of the Police Department. 2.1 Duties and Responsibilities of Officer 1. The duties and responsibilities of the Officer shall include, but not be limited to, assisting the Task Force in the investigation and prosecution of drug offenses in the City, and shall include, but not be limited to the following: A. Assume the responsibility for the initial investigation of complaints of narcotics dealing. B. Conduct follow-up investigations into complaints of narcotics dealing to include search warrants, undercover police operations, and surveillance. C. Establish sources of intelligence and information regarding narcotics dealing. D. Cultivate informants or other subjects willing to cooperate in narcotics investigations. E. Gather evidence of narcotics dealing inclusive of witness statements, photographs, and videotape. F. Operate specialized equipment as required. G. Prepare cases for and present evidence in court. H. Establish and maintain cordial relationships with members of area narcotics units to facilitate the adequate flow of information and the exchange of available resources. - 2 - 247349.1 I. Perform such other duties which may be required by State Law, City Ordinance, Department Rules or as may be assigned by a superior officer. SECTION 3. OBLIGATIONS AND RESPONSIBILITIES With respect to seizures and forfeitures arising from the operation of the Task Force, the parties agree as follows: a. For cases originating in the Village, the Village shall receive 80%of the proceeds and the City shall receive 20%. b. For cases initiated by the South Elgin Officer in the City, the City shall receive 80% of the proceeds and the Village shall receive 20%. SECTION 4. TERM The services under this Agreement shall commence immediately and continue in full force and effect until this Agreement is terminated as provided below. Either party may terminate this Agreement at any time for any or no reason, without penalty or liability by providing the other party with at least thirty (30) days prior written notice of such termination. In addition, the parties may terminate this Agreement by mutual consent and agreement. SECTION 5. LIABILITY, RESPONSIBILITY AND AUTHORITY The City shall and hereby does indemnify and hold harmless the Village, its Police Department and its employees against any claims, demands, loss, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from or in connection with the activities contemplated hereunder, provided that said claims, demands, costs and expenses have not been caused by the negligence or willful misconduct of the Officer or Village, its agents, employees or assigns. The Village shall and does hereby indemnify and hold harmless the City, its Officers, employees, volunteers and agents against any claims, demands, loss, costs and expenses, - 3 - 247349.1 including reasonable attorney's fees for the defense thereof, arising from or in connection with the negligence or willful misconduct of the Officer or Village, its agents, employees or assigns. SECTION 6. GENERAL PROVISIONS 6.0 Severability If any provision of this Agreement shall be held or deemed to be, or shall in fact be inoperative or unenforceable in any particular case or in all cases for any reason, this shall not render the provision in question inoperative or unenforceable in any other case or circumstances, or render any other provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or sections contained in the Agreement shall not effect the remaining portions of the Agreement or any part thereof. 6.1 Interpretation Any headings of the Agreement are for convenience of reference only and do not define or limit the provisions thereof. Words of gender shall be deemed and construed to include correlative words of other genders. Words importing the singular shall include the plural and vice versa, unless the context shall otherwise indicate. All references to any such person or entity shall be deemed to include any person or entity succeeding to the rights, duties, and obligations of such person or entity succeeding to the rights, duties, and obligations of such person or entity in accordance with the terms and conditions of the Agreement. 6.2 Assignment/Binding Effect Neither party hereto may assign their respective rights and duties hereunder except upon prior written consent of the other party. This Agreement shall be binding upon and inure to the -4 - 247349.1 benefit of the parties hereto and their respective assigns, legal representatives and successors in interest. 6.3 Waiver of Breach If either party waives a breach of any provision of this Agreement by the other party, that waiver will not operate or be construed as a waiver of any subsequent breach by either party or prevent either party from enforcing such provisions. 6.4 Merger Clause, Amendment This Agreement sets forth all of the entire understanding of the parties relative to the subject hereof and supersedes any and all prior agreements, express or implied, oral or written. No amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 6.5 Counterparts This Agreement may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same instrument. 6.6 Compliance with All Laws The Village and the City shall at all times observe and comply with the laws, ordinances, regulations and codes of Federal, State, County and other local government agencies, which may in any manner affect the performance of this Agreement. 6.7 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois and applicable federal law. Venue shall only be proper in a court of competent jurisdiction located within the County of Kane, Illinois. - 5 - 247349.1 6.8 Disclaimer of Relationship Nothing contained in this Agreement, nor any act of the Village or the City, respectively, shall be deemed or construed by any of the parties hereto or by third persons, to create any relationship of a third-party beneficiary, principal, agent, limited or general partnership, joint venture, or any association or relationship involving the Village or the City respectively. 6.9 Notice Any and all notices required to be delivered hereunder shall be deemed delivered when and if personally delivered, or mailed by registered or certified mail, return receipt requested, postage prepaid (or sent by a recognized overnight courier service with instructions and payment for delivery on the next business day)to the parties as set forth below: If to the City: City Manager Femi Folarin City of Elgin 150 Dexter Court Elgin, IL 60120 Lisa Womack, Police Chief City of Elgin Police Department 151 Douglas Avenue Elgin, IL 60120 If to Village: Village Administrator Larry D. Jones Village of South Elgin 10 N. Water South Elgin, IL 60177 and Christopher Merritt,Police Chief Village of South Elgin Police Department 10 N. Water South Elgin, IL 60177 - 6 - 247349.1 Either party hereto may change the names and address of the designee to whom notice shall be sent by giving written notice of such change to the other party hereto in the same manner as all other notices are required to be delivered hereunder. Notice as provided herein does not waive service of summons or process. 6.10 Cost of Suit In the event the City or the Village institutes judicial proceedings to enforce, or for breach of, this Agreement and prevails in such suit, the opposing party shall, in addition to any other relief granted, pay the prevailing party its reasonable attorney's fees and costs related to such proceedings. 6.11 Effective Date This Agreement shall be deemed dated and become effective on the date the last of the parties signs as set forth below, which date shall be the date stated on the first page of this Agreement. VILLAGE OF SOUTH ELGIN CITY OF ELGIN By: ` By- President ` / Y _1• President Mayor Attest: Attest: Cle Clerk Dated: /.2-/s1 OS Dated: / c / if Loco S - 7 - 247349.1 VILLAGE OF SOUTH ELGIN ORDINANCE NO. 2005 - CiO AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ELGIN, ILLINOIS ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF SOUTH ELGIN, KANE COUNTY ILLINOIS THIS 5141b DAY OFD ernbj - , 2005 PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE BOARD OF TRUSTEES OF THE VILLAGE OF SOUTH ELGIN, KANE COUNTY, ILLINOIS AS PROVIDED BY LAW THIS & DAY OFD2c,evr)b.e4-, 2005 i ORDINANCE NO. 2005 - CIO AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ELGIN, ILLINOIS WHEREAS, The Village of South Elgin, County of Kane, State of Illinois has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs to protect the public health, safety and welfare of its citizens; and WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 provides that units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine or transfer any power or function in any manner not prohibited by law or by ordinance and may use their credit, revenues and other resources to pay costs related to intergovernmental activities; and WHEREAS, the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. further authorizes intergovernmental cooperation. WHEREAS, the City of Elgin, County of Kane, seeks to conduct with the Village joint operations for the investigation and enforcement of laws concerning controlled substances; and WHEREAS, the Chief of Police has negotiated an Agreement with the City of Elgin concerning the assignment, rights and responsibilities of one of the Village Police Officers to the joint operation and said Agreement is attached hereto as Exhibit A; and WHEREAS, the Board of Trustees of the Village of South Elgin finds that it is in the best interest of the Village to enter into the Agreement attached hereto as Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE OF SOUTH ELGIN, COUNTY OF KANE, STATE OF ILLINOIS,AS FOLLOWS: SECTION ONE: The facts and statements contained in the preambles to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. SECTION TWO: The Village President and Village Clerk are hereby authorized and directed to execute an Agreement with the City of Elgin upon substantially the same terms as set forth in the Agreement attached hereto as Exhibit "A". SECTION THREE: This Ordinance shall be in effect immediately from and after its passage and approval. SECTION FOUR: REPEAL OF PRIOR ORDINANCES. All prior Resolutions and Ordinances in conflict or inconsistent herewith are hereby expressly repealed only to the extent of such conflict or inconsistency. APPROVED and ADOPTED by the Village President and Board of Trustees of the Village of South Elgin this Y' day of 14ertembet 2005 pursuant to roll call vote as follows: Dec:.k n b-e4 AYES:'Ticv sDi vl�,�< C�' s ej, PJChrnwcf(t 02) NAYS: (9) ABSENT:(0 ABSTAIN:(G) APPROVED this day of Ne.e-. , 2005. Dec..e<-,-)b-er James W. Hansen, II, Village President ATTEST: • Ate .� �. y 1 T.�1 Margaret 1I Gray, Vii .•- •rk 0 APRIL 20 1897 r VILLAGE OF SOUTH ELGIN ORDINANCE NO. 2005 - q'O AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ELGIN,ILLINOIS ADOPTED BY THE PRESIDENT AND BOARD OF TRUS"I'hES OF THE VILLAGE OF SOUTH ELGIN, KANE COUNTY ILLINOIS THIS DAY OFT.2GerY-LbA r- , 2005 PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE BOARD OF TRUSTEES OF THE VILLAGE OF SOUTH ELGIN, KANE COUNTY, ILLINOIS AS PROVIDED BY LAW THIS S-`'�' DAY OF-D2c her, 2005 • ORDINANCE NO. 2005 - qQ AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ELGIN,ILLINOIS WHEREAS, The Village of South Elgin, County of Kane, State of Illinois has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs to protect the public health, safety and welfare of its citizens; and WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 provides that units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine or transfer any power or function in any manner not prohibited by law or by ordinance and may use their credit, revenues and other resources to pay costs related to intergovernmental activities; and WHEREAS, the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. further authorizes intergovernmental cooperation. WHEREAS, the City of Elgin, County of Kane, seeks to conduct with the Village joint operations for the investigation and enforcement of laws concerning controlled substances; and WHEREAS, the Chief of Police has negotiated an Agreement with the City of Elgin concerning the assignment, rights and responsibilities of one of the Village Police Officers to the joint operation and said Agreement is attached hereto as Exhibit A; and WHEREAS, the Board of Trustees of the Village of South Elgin finds that it is in the best interest of the Village to enter into the Agreement attached hereto as Exhibit A. NOW,THEREFORE,BE IT ORDAINED BY THE VILLAGE OF SOUTH ELGIN, COUNTY OF KANE, STATE OF ILLINOIS,AS FOLLOWS: SECTION ONE: The facts and statements contained in the preambles to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. SECTION TWO: The Village President and Village Clerk are hereby authorized and directed to execute an Agreement with the City of Elgin upon substantially the same terms as set forth in the Agreement attached hereto as Exhibit "A". SECTION THREE: This Ordinance shall be in effect immediately from and after its passage and approval. SECTION FOUR: REPEAL OF PRIOR ORDINANCES. All prior Resolutions and Ordinances in conflict or inconsistent herewith are hereby expressly repealed only to the extent of such conflict or inconsistency. • APPROVED and ADOPTED by the Village President and Board of Trustees of the Village of South Elgin this ' day of N&v nrl a 2005 pursuant to roll call vote as follows: Dece-n n e,- AYES:'Tylv es Cul () 6ut755 0160Z � (L)Om/ /hrnan•et CO NAYS: (O} ABSENT:(c) ABSTAIN:(G) APPROVED this V-41- day of Nevet , 2005. Dec.e.-r ter James W. Hansen, II, Village President ATTEST: Margaret ' Gray, Vil . rk "G.), APRIL 20 1897 cry (..c, 0OFEt. c� ¢ �, �b City of Elgin Agenda Item No. lb E E L G November 23, 2005 N SAFE cOMM IJNFTY TO: Mayor and Members of the City Council gyp FROM: Olufemi Folarin, City Manager �,�A'' ," (� Robert Beeter, Deputy Chief of Police SUBJECT: Agreement with the Village of South Elgin—Joint Drug Task Force PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into an agreement with the Village of South Elgin to jointly combat the infiltration of illegal drugs in both communities. rRECOMMENDATION It is recommended that the City Council enter into an agreement with the Village of South Elgin, Illinois. BACKGROUND The Village of South Elgin has limited experience operating a full time narcotics unit and has approached the Elgin Police Department to assist them combating the illegal sale of narcotics in their community. The Village of South Elgin is prepared to assign an officer to work with the members of the Elgin Police Department Drug unit, in order for this officer to be exposed and trained in the operation of a drug enforcement unit. This assignment will include conducting follow-up investigations into complaints of narcotics dealing to include: search warrants; undercover police operations and surveillance; establish sources of intelligence and information regarding narcotics dealing; cultivate informants or other subjects willing to cooperate in narcotics investigations; gather evidence of narcotics dealing inclusive of witness statements, photographs, and videotape; operate specialized equipment; prepare cases for and present evidence in court; and establish and maintain cordial relationships with members of area narcotics units to facilitate the adequate flow of information and the exchange of available resources. This officer will also be available to assist Elgin officers with narcotics investigations in the City of Elgin. The City of Elgin will incur no financial obligations nor any increase potential for liability as (116". outlined in the attached agreement. n r Task Force South Elgin November 23, 2005 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None Ilk_ FINANCIAL IMPACT All costs associated with the South Elgin officer will be borne by South Elgin. With respect to seizures and forfeitures: In cases originating in South Elgin, the Village will receive 80% of the proceeds and Elgin will receive 20%; for cases originated by the South Elgin officer in the City of Elgin, the City of Elgin shall receive 80% of the proceeds and South Elgin shall receive 20%. LEGAL IMPACT I/V*4one ALTERNATIVES 1. The City Council may choose to enter into this agreement with The Village of South ril* Elgin. 2. The City Council may choose to not enter into this agreement. Respectfully submitted for Council consideration. RB/sp Attachments