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09-15 • I., Resolution No. 09-15 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF SOUTH ELGIN FOR DRUG ENFORCEMENT COOPERATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock, Mayor, and Diane Robertson, 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 for drug enforcement cooperation,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: January 28, 2009 Adopted: January 28, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk INTERGOVERNMENTAL AGREEINAENT BETWEEN THE CITY OF ELGIN AND THE VILLAGE OF SOUTH ELGIN FOR DRUG ENFORCEMENT COOPERATION / THIS AGREEMENT is hereby made and entered into this g � day of 200%,by and between the City of Elgin,Illinois,a municipal corporation(hereinaft referred as"Elgin")and the Village of South Elgin,Illinois, a municipal corporation(hereinafter referred to as"South Elgin")_ WHEREAS, Article 7, Section 10 of the constitution of the State of Illinois, 1970, authorizes units of local government,including municipalities, to enter into contracts to exercise, combine or transfer powers or functions not prohibited to them by law or ordinance; and WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorizes units of local government of Illinois to exercise jointly with any other public agency within the State,including other units of local government, any power,privilege, or authority which may be exercised by a unit of local government individually and to enter into contracts for the performance of governmental services, activities and undertakings;and WHEREAS,both parties hereto are units of local government; and WHEREAS,Elgin and South Elgin have each determined it to be in their best interests to enter into an intergovernmental agreement for the mutual purpose of assistance with drug enforcement efforts and the coordination of related operational and administrative responsibilities. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1.' The aforementioned recitals are hereby incorporated into and made a part of this agreement. 2. The police departments of Elgin and South Elgin shall cooperate during the term of this agreement. 3. The policy and direction of investigations shall be subject to the primary authority of the Special Investigation Division Commander of Elgin's Police Department. The Drug Unit Sergeant of the Elgin Police Department shall exercise day-to-day operational supervision of the investigations involved herein. The parties hereto shall discuss the scope and direction of all investigations from time to time as may be agreed by the parties. Periodic briefings on the status of pending investigations shall be provided to supervisors and other appropriate authorities as deemed necessary by the Special Investigations Commander of the Elgin Police Department. 4. Elgin's Police Department shall assign detectives as needed to meet the goals and objectives of drug enforcement investigations of South Elgin. South Elgin's Police Department shall detail a sworn officer to work as a drug investigator and as an undercover detective with Elgin's Police Department for a period of time as determined by the Chief of Police of South Elgin's Police Department as provided for herein. 5. Investigative activities made pursuant to this agreement shall be coordinated by Elgin's Police Department with the Kane County State's Attorney and/or Cook County State's Attorney's offices as shall be appropriate. Investigative procedures, including evidence collection, processing, and storage shall conform to all requirements for state and/or federal prosecution. The use of investigative methods, such as interception of oral communications,and the reporting procedures related thereto, shall be consistent with applicable State of Illinois laws concerning such matters. 6. Determinations on whether the prosecutions of any particular cases shall be made by the appropriate Kane or Cook County State's Attorney's Office. 7. Information pertaining to investigations pursuant to this agreement shall not be released to the public or to the media except by mutual agreement of the parties. All media releases and statements shall be handled jointly by the parties hereto pursuant to their respective guidelines. 8. Administrative supervision of personnel involved in investigations pursuant to this agreement shall remain with the respective agencies of such personnel. South Elgin's Police Department acknowledges that operational requirements of the investigator to fully comply with its personnel reporting requirements for time on duty. Any disciplinary matters pertaining to the assigned task force pursuant to this agreement shall be handled by the assigned Task Force Supervisor to the level of informal and written counseling limited to written reprimands. Said disciplinary actions shall be forwarded to the South Elgin Police Department Investigations Supervisor for review. Elgin's Police Department Drug Unit Supervisor shall certify time on duty by reviewing and approving the South Elgin Police Department hi-monthly time sheet. 9. The designated Drug Unit Sergeant of the Elgin Police Department will be the administrative coordinator of South Elgin investigations and will be responsible for supervising the written work of assigned investigator. The parties will coordinate their efforts to ensure that only one written report is generated for each interview, surveillance, or other aspect of investigation. The investigator will prepare his/her reports according to the format and standards of the Elgin Police Department when said case is within the City of Elgin and prepare his/her reports according to format and standards of South Elgin Police Department when said case is within the Village of South Elgin or in instances where assistance is provided to agencies other than the parties hereto. 10. Any on duty accident, officer/agent involved shooting, or accidental discharge of a firearm by the assigned investigator will be investigated according to the established policy and procedure of the Agency of Jurisdictional Responsibility; however, the home agency will conduct a parallel investigation(s). 11. Any injury/accident occurring to the Task Force Officer in the line of duty will be documented by the assigned Task Force Supervisor subsequently forwarded via chain of command to the officer's home agency (South Elgin Police Department). The injury/accident will be reported in accordance with the Village of South Elgin Personnel Manual and the respective bargaining unit. -2- 12. Except as otherwise specifically provided for herein, each party hereto shall bear its own costs in relation to this agreement. Each party shall assume all related personnel costs, including salaries,benefits, and overtime. 13. Expenditures for each party hereto shall be subject to budgetary restraints and • processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies of each party hereto. This agreement shall not be construed as an obligation of funding or commitment of funds and does not imply or guaranty that either party hereto Shah appropriate funds for any such expenditures_ 14. Each party agrees to provide vehicles for its personnel assigned to the operation consistent with their respective responsibilities. It is hereby ageed upon that assigned South Elgin Police Department undercover vehicles may be respectively operated by Elgin Police Department Special Investigation Division officers. 15. The Elgin Police Department and South Elgin Police Department agree to jointly provide the technical equipment in order to carry out investigations. Upon termination of this agreement, all available and usable equipment will be returned to the supplying agency. 16. • In the event that the Elgin Drug Unit Supervisor and South Elgin Police Department Detective Sergeant deem the case to be high risk and the use of a Tactical Response Team is necessary to safely complete the investigation(s)in the Village of South Elgin, the Kane County Sheriffs Office Tactical Response Team will be notified, and said request will be reviewed by the Kane County Sheriffs Office Tactical Response Team Commander and abide by the current guidelines and policies for the use of such team. 17. Neither party hereto shall be liable to the other for any monetary damages of whatsoever nature resulting from any breach or alleged breach of this agreement. 18. This Agreement shall be subject to and governed by the laws of the State of •3 Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be in the Circuit Court of Kane County,Illinois. 19. The terms of this Agreement shall be severable. In the event that any of the terms or provisions 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. 20. This Agreement is the only agreement between the parties hereto regarding the subject matter hereof. There are no other agreements, either oral or implied between the parties hereto regarding the subject matter of this Agreement. This Agreement shall not be amended or modified without the written consent of the parties hereto. 21, This Agreement shall not be construed so as to create a joint venture, employment,partnership or other agency relationship between the parties hereto, except as may be otherwise specifically provided for herein. _3 _ .. i • 22. With respect to seizures and forfeitures arising from the operation of theTask Force,the parties agree as follows: a. For cases originating in the village of South Elgin, the Village shall receive 80%of the proceeds and the City of Elgin shall receive 20%. b. For cases assisted by the South Elgin Officer in the City of Elgin, the City shall receive 80%of the proceeds and the Village shall receive 20% 23. All notices or other communications to hereunder shall be in writing and shall be deemed given if delivered, or mailed by U.S. mail,to the parties at the following addresses, or at such other addresses for a party as shall be specified by a like notice and shall be deemed received on the date which said notice is hand delivered or the second business day following the date on which so mailed: TO THE CITY: TO THE VILLAGE: City of Elgin Police Department Village of South Elgin Police Department 151 Douglas Avenue 10 N. Water Street Elgin, IL 60120 South Elgin,IL 60177 Attention: Lisa Womack Attention: Christopher J.Merritt Police Chief Police Chief 24. This agreement may be terminated by either party hereto for any or no reason without liability upon ten(10)days written notice IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement on the date and year first written above. CITY OF ELGIN,a VILLAGE OF SOUTH ELGIN, municipal corporation, a municipal corporation, ,k=ip By: _l�'It• By: •yor James W, Hansen H,Villag`ePresident Attest: Attest: 4-wiC7 City Clerk Mar 14.et M. age Cl APRIL 20 1897 N r' 97� OF ILIEt�`Q,r `5 iir F:1T.egal Dc \A$n'ementUntergovernta�l Agr-SouthEJgin-cling enforcement coopera]ion.doc µ -4- VILLAGE OF SOUTH ELGIN ORDINANCE NO. 2008- e_p 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 r DAY OF laPLeirih.e,.--" , 2008 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 j Sb-DAY OF � -2-, 2008 ORDINANCE NO. 2008 - 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 laworby 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 Board of Trustees of the Village of South Elgin this 1911 day of D.& /)l a/4-- , 2008, pursuant to roll call vote as follows: AYES:-Tr-u5tep_51)."R)/v;o G us s K61 Lt-b-r7,/, "RichyronCLI 3 wed.2-6(cd • NAYS: (2) ABSENT:(di_ Al3STAfN:(0) APPROVED this S--E day of De ce_rn , 2008. James W. Hansen II, Village President ATTEST: _L140-.4-dPit. • "Of _0.-Ito w-6, Margaret . Gray, Municipal tfP' APRIL 20 1897 (5, is4 ,•- • CERTIFICATION I,the undersigned, do hereby certify that I am the Village Clerk of the Village of South Elgin, Kane County, Illinois, and that the foregoing is a true, complete, and exact copy of Ordinance 2008 - ( i--f enacted on Dec-er'lp4- l , 2008, and approved on - , 2008, as the same appears from the official records of the Village of South Elgin. oza Margaret 1 Gray fir Village Clerk • APik 2� o 2 97 °p fLL1 o1 January 8, 2009 " i TO: Mayor and Members of the City Council - -� FROM: Olufemi Folarin, City Manager Cecil E. Smith, 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 re-entering into an agreement with the Village of South Elgin to jointly combat the infiltration of illegal drugs in both communities. RECOMMENDATION It is recommended that the City Council enter into an agreement with the Village of South Elgin, Illinois for a Joint Drug Task Force. BACKGROUND The Village of South Elgin has limited personnel and experience operating a full time narcotics unit and has approached the Elgin Police Department to assist them in combating the illegal sale of narcotics in our communities. The Village of South Elgin assigned an officer in 2005 and again in 2008 to work with the members of the Elgin Police Department Drug unit to be exposed and trained in the operation of a drug enforcement unit. This assignment has included: • conducting follow-up investigations into complaints of narcotics dealing including search warrants, undercover police operations, and surveillance; • establishing sources of intelligence and information regarding narcotics dealing; • cultivating informants or other subjects willing to cooperate in narcotics investigations; • gathering evidence of narcotics dealing inclusive of witness statements, photographs, and videotape; • operating specialized equipment, prepare cases for and present evidence in court; and • establishing and maintaining 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. Agreement with the Village of South Elgin—Joint Drug Task Force January 8, 2009 Page 2 The City of Elgin will incur no increase potential for liability as outlined in the attached agreement. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT There is no cost to the City of Elgin as a result of entering into this agreement with the Village of South Elgin. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to enter into this agreement with The Village of South Elgin. 2. The City Council may choose to not enter into this agreement Respectfully submitted for Council consideration. CS Attachments OF 0 4 City of Elgin Memorandum vagi. rjk IrLDPLS' Date: February 4, 2009 To: Jim Lullo, Police Sergeant From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 09-15, Regarding the intergovernmental agreement with the village of South Elgin for drug enforcement cooperation Enclosed please find the above referenced agreement. Please distribute to the appropriate parties and if needed, retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you.