10-208 Resolution No. 10-208
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
KANE COUNTY CHILD ADVOCACY CENTER FOR FUNDING ASSISTANCE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Sean R. Stegall, City Manager,and Diane Robertson, City Clerk,be and are hereby authorized and
direct.:.d to execute an agreement on behalf of the City of Elgin with the Kane County Child
Advocacy Center through the Kane County State's Attorney 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
Pre- 'cc': November 3, 2010
Mb, November 3, 2010
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane ''. I,ertson, City Clerk
Office of the Kane County State's Attorney
7.A9.F,-:
tag, T.
Kane County Judicial Center JOHN A. BARSANTI General Offices:
37W777 Route 38, Suite _300 State's Attorney (630) 232-3500
St. Charles, Illinois 60175 Fax: (630) 232-6508
2011 AGREEMENT
THIS AGREEMENT is made and entered into this 3rd day of November
2010, by and between the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to
as "City") and the Kane County Child Advocacy Center, a subdivision of the Kane County
State's Attorney(hereinafter referred to as "Center").
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 mutually acknowledged, the parties hereby agree as
follows:
www.co.kane.il.us/sao/
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
his 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,
2011 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, 2011.
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: John A. Barsanti
Kane County State's Attorney
37W777 Rt. 38
St. Charles, IL 60178
To City: Jeffrey Swoboda, 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 STAT 'S ATTORNEY
By / B 11.4A.. l ���►1 ► ��
Title: City Manager Ti ane Count State's Attorne
Attest:
Title: City Clerk
ELGIN
THE CITY IN THE SUBURBS"
DATE: November 15, 2010
): Cecil Smith, Deputy Chief of Police
FRO\1: Jennifer Quinton, Deputy City Clerk
SUBJECT: Resolution No. 10-208, Adopted at the November 3, 2010, Council Meeting
Enclosed you will find the agreement listed below. Please distribute this agreement to the other
party and keep a copy for your records if you wish. If you have any questions please feel free to
c act our office 847-931-5660 and we will do our best to assist you. Thank you.
• Agreement with the Kane County Child Advocacy Center for Funding Assistance
Office of the Kane County State's Attorney
V ,1J
KY
f. r AL f.
Inane Counts udicial Center JOHN A. BARSANTI
State's Attorney General Offices:
37\1('777 Route 38, Suite 300 - (630) 232 3500
St. Charles, Illinois 60175 Fax: (630) 232-6508
September 28, 2010
Deputy Chief Cecil Smith
Elgin Police Department
151 Douglas
Elgin, IL 60120
Dear Deputy Chief Smith:
I am writing to request formal renewal of the Agreement between the City of Elgin and the Kane
County Child Advocacy Center/State's Attorney's Office, in the same amount as agreed in years
past, $35,000.00.
I have enclosed two signed copies of the proposed 2011 agreement for your review. The changes
you recommended are incorporated. If this meets with your approval please forward for the
proper council action and for your City Manager's signature, and then return one signed original to
my attention.
If you have any questions please feel free to contact me at 630-406-7353. I appreciate your
assistance and cooperation in this matter and look forward to hearing from you.
Sincerely,
• if
trai
Or
Jo A. Barsanti
e County State's Attorney
JAB/cd
cc: Chief Jeff Swoboda
ww-w.co.kane.il.us/sao/
III
REPORT TO MAYOR & MEMBERS OF CITY COUNCIL E LG I N
THE CITY IN THE SUBURBS
MEETING DATE: October 27, 2010
INITIATIVE E: Renewal of Purchase of Services Agreement with the Kane County Child
Advocacy Center
4
COMMUNITY GOAL
• Safe Community
OBJECTIVE
• Contracting with Kane County Child Advocacy Center for specialized
investigation and prosecution services for criminal cases involving sexual abuse
and/or serious physical abuse against children
PURPOSE
• Utilizing the specialized services of a professional agency to enhance the police
department's investigative resources for criminal cases involving offenses
("64 against children
RECOMMENDATION
• Approve a services agreement with the Kane County Child Advocacy Center in
the amount of$35,000
BACKGROUND
The Kane County Child Advocacy Center (KCCAC) is a division of the Kane County State's
Attorney's (KCSA) office created to investigate and prosecute the sexual abuse and/or serious
physical abuse against children. The investigations are a cooperative effort between
prosecution, police and the Department of Children and Family Services.
When KCCAC was established in 1994, the police department assigned an officer to assist with
Elgin's cases. In 1999, this practice was discontinued and the officer was reassigned to other
departmental duties. But the need for services provided by KCCAC continued. This need has
been addressed by a continuous agreement in effect since 2000, between the city and KCCAC.
r
KCCAC provides investigative services for sexual abuse andjor serious physical abuse cases ill
involving children under the agreement. In 2009, 24 cases were investigated by KCCAC. Each
case is estimated to involve approximately 20 hours of an investigator's time, translating into
480 hours, or 12 weeks of what would have otherwise been an Elgin officer's time. KCCAC
either requires a police officer assigned to their division for an entire year, regardless of the
caseload received from Elgin, or financial assistance from the city to support investigations
pertaining to Elgin cases.
OPERATIONAL ANALYSIS
The proposed purchase of services agreement with KCCAC enables the police department to
leverage the resources of a specialized, professional agency to investigate and prosecute
criminal cases involving offenses against children.
The proposed agreement reduces demands upon existing police department staff and keeps
additional police officers on the street. The service levels provided by KCCAC under the
proposed purchase of services agreement cannot be replicated by the city at the cost structure
provided by the proposed agreement. Aside from city personnel and cost advantages, the
victims served by KCCAC have particularly sensitive needs that will continue to benefit from the
expertise of its highly trained staff. The quality of services provided by KCCAC to Elgin's special
victims and their families is an asset to the community.
INTERESTED PERSONS CONTACTED
Police investigative personnel, social services and command staff discussed the cost and
benefits of maintaining this agreement.The KCCAC and the KCSA were also consulted regarding
this proposed agreement.
FINANCIAL ANALYSIS
To participate in this program, the City needs to renew the purchase of service agreement or
assign a dedicated officer to the program. The funding requested by the KCCAC for 2011 is
$35,000. This funding level has remained unchanged since the original purchase of service
agreement in 2000. Assigning an officer to the KCCAC, in a dedicated role for one year, would
cost the city approximately $118,000 (estimated using a senior police officer's salary and
benefits). Renewing the purchase of service agreement with the Kane County Child Advocacy
Center is a less costly way to provide this program. The term of the agreement begins January
1, 2011 and expires December 31, 2011. Sufficient funds will need to be appropriated in the
2011 general fund budget to enter into this agreement.
BUDGET IMPACT
2
rik FUND(S) ACCOUNT(S) PROJECT AMOUNT AMOUNT
#(S) BUDGETED AVAILABLE
N/A N/A N/A N/A N/A
LEGAL IMPACT
None.
ALTERNATIVE COURSES OF ACTION
1. The city council may choose not to enter into an agreement with KCCAC.
2. The city council may choose to assign an officer to KCCAC.
NEXT STEPS
1. Finalize the acceptance of the agreement
Prepared by: Cecil Smith, Deputy Chief of Police
Kristie Hilton, Management Analyst
Reviewed by: Jeffery Swoboda, Chief of Police
Reviewed by: Colleen Lavery, Chief Financial Officer
Reviewed by: William A. Cogley, Corporation Counsel/Chief Development Officer
Final Review by: Richard G. Kozal,Assistant City Manager/Chief Operating Officer
Approved by:
)Q
Sean R. Stegall, City Ma ger
ATTACHMENTS
A: KCCAC agreement
3
Office of the Kane County State's Attorney
ad)
3 K
Kane Counts Judicial Center JOHN A. BARSANTI General Offices: .
37W777 Route 38,Suite 300 State's Attorney (630) 232-3500
St.Charles,Illinois 60175 Fax: (630)232-6508
September 28,2010
Deputy Chief Cecil Smith
Elgin Police Department
151 Douglas
Elgin,IL 60120
Dear Deputy Chief Smith:
I am writing to request formal renewal of the Agreement between the City of Elgin and the Kane
County Child Advocacy CenterIState's Attorney's Office,in the same amount as agreed in years
past,$35,000.00.
4114)
I have enclosed two signed copies of the proposed 2011 agreement for your review. The changes
you recommended are incorporated. If this meets with your approval please forward for the
proper council action and for your City Manager's signature,and then return one signed original to
my attention.
If you have any questions please feel free to contact me at 630-406-7353. I appreciate your
assistance and cooperation in this matter and look forward to hearing from you.
Sincerely, j
4P" t mow.
' 6,./; d d li NAIL ;
Jo, , A.Barsanti
- County State's Attorney
JAB/cd
cc: Chief Jeff Swoboda
4411)
www.co.kaneil.us/sao/
Office of the Kane County State's Attorney
t1"z.f>
.,.
J OHN A. BARSANTI
Kane County Judicial Center General Offices:
State's Attorney
31W 177 Route 38,Suite 300 (630) 232-3500
St. Charles,Illinois 60175 Fax: (630) 232-6508
2011 AGREEMENT
THIS AGREEMENT is made and entered into this_day of
20_,by and between the City of Elgin,Illinois,a municipal corporation,(hereinafter referred to
as"City")and the Kane County Child Advocacy Center,a subdivision of the Kane County
State's Attorney(hereinafter referred to as"Center").
WHEREAS,City is a municipal corporation organized and existing under the authority
rof 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 mutually acknowledged,the parties hereby agree as
follows:
r
www.co.kanell.us/sao/
1. The Kane County Child Advocacy Center,a subdivision of the Kane County State's 4111)
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 i•
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
his assign. State's Attorney will also provide a hi-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,
2011 and the remaining payments due and payable on the first day of each subsequent month 41)
during the term of this Agreement.
3. The term of this Agreement shall terminate on December 31,2011.
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.
4111)1
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: John A.Barsanti
Kane County State's Attorney
37W777 Rt.38
St.Charles,IL 60178
To City: Jeffrey Swoboda,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 ST• ■ 'S ATTORN Y
By
B
1.
Title:City Manager Ti• an ' State's Attome
Attest:
Title:City Clerk
•
3