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HomeMy WebLinkAbout92-0812 IL Motor Vehicle Theft Prevention Council RESOLUTION AUTHORIZING APPLICATION TO ILLINOIS MOTOR THEFT PREVENTION COUNCIL FOR GRANT FOR AUTO THEFT TASK FORCE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, is hereby authorized to submit a proposal, a copy of which is attached, to the Illinois Motor Vehicle Theft Prevention Council for a grant to fund an auto theft task force. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 12, 1992 Adopted: August 12, 1992 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ILLINOIS MOTOR VEHICLE THEFT PREVENTION COUNCIL AWARD AGREEMENT COVER PAGE PROGRAM TITLE: Kane County Auto Theft Task Force IMPLEMENTING ENTITY: City of Elgin on behalf of the Elgin Police Department STREET ADDRESS: 150 Dexter Court CITY: Elgin STATE: Illinois ZIP CODE: 60120 X Unit of Government TYPE OF IMPLEMENTING ENTITY: Not-For-Profit Entity Business Organization IRS TAX IDENTIFICATION NUMBER: 36-6005862 AUTHORIZED OFFICIAL: Larry L. Rice TITLE: Elgin City Manager TELEPHONE: (708) 931-5599 PROGRAM FINANCIAL OFFICER: James Bolerjack TITLE: Financial Director TELEPHONE: (708) 931-5626 PROGRAM DIRECTOR: Charles A. Gruber TITLE: Chief of Police TELEPHONE: (708) 931-6000 CONTACT PERSON: Thomas P. Shergold TITLE: Police Officer TELEPHONE: (708) 931-6036 EST. START DATE: August 24, 1992 EST. END DATE: August 23, 1993 AGREEMENT NUMBER: MV 93-011 PROGRAM FUNDING: Motor Vehicle Trust Funds: $ 150,000 Other Funds (optional): $ 0 TOTAL PROGRAM FUNDING: $ 150,000 ILLINOIS MOTOR VEHICLE THEFT PREVENTION COUNCIL Award Agreement #93-011 Kane County Auto Theft Task Force This agreement is entered into by the Illinois Motor Vehicle Theft Prevention Council, with its offices at The Illinois Criminal Justice Information Authority, 120 South Riverside Plaza, Chicago, Illinois 60606, hereinafter referred to as the "Council," and the City of Elgin, Illinois on behalf of the Elgin Police Department, referred to as the "Implementing Entity," with its principal offices at 150 Dexter Court, Elgin, Illinois, 60120, for implementation of the Kane County Auto Theft Task Force. WHEREAS, Chapter 95 1/2, Paragraph 1301 et seq. of the Illinois Revised Statutes establishes the Illinois Motor Vehicle Theft Prevention Council to "prevent, combat and reduce motor vehicle theft in Illinois;and to improve and support motor vehicle theft law enforcement, prosecution and administration of motor vehicle theft laws by establishing statewide planning capabilities for and coordination of financial resources;" and WHEREAS, pursuant to the Council's rules entitled, "Rules for the Award and Monitoring of Trust Funds," the Council awards Trust Funds received pursuant to the Motor Vehicle Theft Prevention Act and enters into agreements with federal and state agencies, units of local government, corporations, neighborhood, community, or business organizations entitled to use such funds; and WHEREAS, pursuant to the Motor Vehicle Theft Prevention Act, the Council named the following program areas as the focus of the Statewide Motor Vehicle Theft Prevention Strategy for calendar year 1992: 1) Supporting multi jurisdictional task force efforts that integrate state and local law enforcement agencies for the purpose of enhancing the capability of motor vehicle theft law enforcement; 2) Enhancing the basic, in-service, and specialized training programs for criminal justice personnel dealing with motor vehicle theft; 3) Monitoring motor vehicle theft and recovery patterns in the state and, if warranted, developing and implementing appropriate program responses; 4) Building a strong infrastructure, including public information, to support the battle against motor vehicle theft in Illinois; 5) Improving data collection and analysis; 6) Evaluating the effectiveness of programs; 7) Encouraging the use of the latest technology, innovative programs, and programs of proven effectiveness; Agreement 93-011 Kane County Auto Theft Task Force August 7, 1992 8) Planning and implementing creative approaches to stemming motor vehicle theft; 9) Ensuring a balanced approach to motor vehicle theft law enforcement to avoid overloading any component of the criminal justice system; 10) Enhancing the capability to prosecute motor vehicle theft offenders; and 11) Enhancing the capability to address the correctional needs of motor vehicle theft offenders. WHEREAS, the Council designated the Implementing Entity to receive Trust Funds on behalf of the Kane County Auto Theft Task Force for the purpose of implementing a program to address one or more of the named areas; and WHEREAS, the Implementing Entity intends to act as the agent for all other units of government participating in the task force with respect to receipt of such Trust Funds; and WHEREAS, the Implementing Entity intends to enter into an intergovernmental agreement with the participating units of government to participate in the multi jurisdictional task force for the purpose of enforcing motor vehicle theft laws. NOW, THEREFORE, BE IT AGREED by and between the Illinois Motor Vehicle Theft Prevention Council and the Implementing Entity, as follows: SECTION 1. DEFINITIONS Act - the Illinois Motor Vehicle Theft Prevention Act (Illinois Revised Statutes, chapter 95 1/2, paragraph 1301 et seq.). Authority - the Illinois Criminal Justice Information Authority. Chairman - the Chairman of the Illinois Motor Vehicle Theft Prevention Council. Council - the Illinois Motor Vehicle Theft Prevention Council. Executive Director - the Executive Director of the Illinois Criminal Justice Information Authority. Trust Funds - funds from the Illinois Motor Vehicle Theft Prevention Trust Fund established by the Act. 2 Agreement 93-011 Kane County Auto Theft Task Force August 7, 1992 SECTION 2. PERIOD OF PERFORMANCE This agreement takes effect on August 24, 1992 and expires on August 23, 1993, unless the expiration date is extended by an amendment to this agreement. The Council will not be responsible for costs incurred before the effective date, or after the expiration date of this agreement, unless otherwise noted herein. SECTION 3. COMMENCEMENT OF PERFORMANCE If performance has not commenced within 60 days of original starting date of this agreement, the Implementing Entity is required to report in writing to the Executive Director the steps taken to initiate the program, the reasons for the delay, and the expected starting date. The Executive Director may cancel this agreement or extend the implementation date of the program past the 60-day period. If this agreement is terminated pursuant to this section any funds advanced to the Implementing Entity, as provided in Section 5 of this agreement, will be repaid to the Council in toto upon notification by the Council. SECTION 4. PROGRAM DESCRIPTION AND BUDGET The Implementing Entity is required to undertake and perform in a satisfactory manner the program mutually determined in and set out in the Program Description attached hereto and incorporated herein as Exhibit A and the Budget attached hereto and incorporated herein as Exhibit B. SECTION 5. PAYMENT Implementing entities will normally be reimbursed for expenses incurred upon submission of the monthly fiscal report. The Council recognizes that in some instances the implementing entity may not possess sufficient resources to support the program described in the award agreement on a reimbursable basis and that individual programs may require substantial start-up costs. Consequently, implementing entities may request a cash advance to cover the initial period of the agreement. Such requests must be submitted in writing to the Executive Director within thirty (30) days prior to the anticipated start date of the funded program and should include the purpose of the proposed expenditure and the reasons 3 Agreement 93-011 Kane County Auto Theft Task Force August 7, 1992 necessitating the advance. Disbursement of Trust Funds will be made on the basis of expenses and obligations reported on the monthly fiscal report. Obligations reported on the Fiscal Report will be disbursed only if the payment is to be liquidated within thirty (30) days of receipt of the state warrant. This report should be submitted monthly unless otherwise specified in the award agreement. Requests for disbursements of Trust Funds made on fiscal reports that are submitted later than the specified deadline (see section 8) will be paid only at the discretion of the Council. Requests for final reimbursement must be received by the Council no later than 45 days after the termination of the agreement. The final disbursement of Trust Funds will be made on the basis of expenditures reported in the final financial status report. This disbursement will be made on the basis of total agreement costs and will not be made until the Implementing Entity has satisfied any applicable match requirements of the award agreement. Should the Implementing Entity fail to meet any match required in the agreement, an appropriate adjustment will be made in the final disbursement. The maximum amount of Trust Funds payable under this agreement is$150,000.00. The Implementing Entity is required to deposit Trust Funds received pursuant to this agreement into an interest bearing bank account, if permitted by law, separate from any of its other bank accounts or to treat such funds as a separate line item per its budget and audited financial statements. SECTION 6. OBLIGATIONAL LIMITATION Payment under this agreement is subject to passage of a suitable and sufficient appropriation by the Illinois General Assembly. Obligations of the Council and the State of Illinois will cease immediately without penalty of further payment being required in any fiscal year should the actions of the General Assembly or any applicable funding source result in the failure to appropriate or otherwise make available sufficient funds for this agreement. SECTION 7. NON-SUPPLANTING Illinois Motor Vehicle Theft Pforeirticififiluattrmitids.affilinandstlitunilicirearbot be used to supplant other funds allocated or budgeted for such activities. Every recipient of Trust Funds must maintain a level of financial support for activities exclusive of any Trust Funds and capital expenditures that is equal to or greater than, the level existing prior to the receipt of the Trust Funds. 4 Agreement 93-011 Kane County Auto Theft Task Force August 7, 1992 SECTION 8. MONTHLY REPORTING REQUIREMENTS Implementing entities are required to submit monthly fiscal reports to the Council detailing program expenditures in a form and manner required by the Council. Implementing entities also are required to submit monthly performance reports to the Council detailing achievement relative to the performance measures contained in the award document in a form and manner required by the Council. Monthly fiscal reports and program performance reports are due on or before the fifteenth of the following month. SECTION 9. REQUIRED INFORMATION REPORTING Implementing entities and entities participating in the program implemented by this award agreement are required to submit information to the Department of State Police in the form and manner required by the Department including offense, arrest, charge, court disposition, and other criminal justice information and shall comply with all rules promulgated in relation thereto. SECTION 10. PROJECT INCOME Project Income consists of all gross income (including the acquisition of forfeited property and assets) earned by the Implementing Entity during the award agreement period as a direct result of the award of Trust Funds, regardless of when the income is realized. "Direct result" shall be determined by the Executive Director and means a specific act or set of activities that is directly attributable to Trust Funds and which is directly attributable to the receipt or expenditure of Trust Funds and which is directly related to the goals and objectives of the funded project. All project income earned during the award agreement period will, regardless of when the income is realized, be retained by the Implementing Entity, and, in accordance with the agreement and with the prior approval of the Council, will be added to the Trust Funds committed to the project by the Council and Implementing Entity and be used only to further eligible program goals or objectives. Implementing entities are required to account for all project income. Project income shall be reported in the fiscal reports required under Section 8 of this agreement. 5 Agreement 93-011 Kane County Auto Theft Task Force August 7, 1992 SECTION 11. MAINTENANCE OF RECORDS All financial and program records, supporting documents and all other books and records pertaining to and required to be maintained by the terms of any Council award are required to be maintained and retained by the Implementing Entity for a period of five (5) years after conclusion or termination of the award to allow for audit by the Council, the State of Illinois, and any person duly authorized by the Council. Records should be retained beyond the five year period if an audit is in progress or if the findings of a completed audit and if any claim, litigation or other action begun before the expiration of the five (5) year period have not been resolved satisfactorily. If any of these preceding conditions occurs, then the records should be retained until the audit is completed or the matters at issue are resolved. SECTION 12. INSPECTION AND AUDIT Implementing entities will be responsible for the performance of an independent annual audit of the fiscal policies, procedures, and practices employed in connection with the awarded program. The Implementing Entity is required to develop and maintain a record-keeping system to document all agreement related activities and expenditures paid by Trust Funds. These records will act as the original source material for compilation of the data required in Section 8 and all other program activity. The Implementing Entity shall allow Council staff to inspect, examine and audit any agreement-related records of the implementing entity, and the Council shall have access to relevant books, documents, papers and records of subcontractors. Council staff will be responsible for monitoring program performance. Site visits of each funded program will be conducted on at least an annual basis. Site visits shall, at a minimum, include examinations of financial and program records. Known or suspected violations of any law, including fraud, theft, embezzlement, forgery, or other irregularities, must be immediately communicated to the Executive Director and appropriate federal, state and local law enforcement officials. SECTION 13. CLOSE-OUT REQUIREMENTS Upon termination of the award agreement, the Implementing Entity is required to submit to the Council within sixty (60) days and in the form and manner required by the Council, a final program report consisting of the following: 6 Agreement 93-011 Kane County Auto Theft Task Force August 7, 1992 a) Final financial status report; b) Final program performance report; c) Property inventory report; and d) Any other information or documentation pursuant to terms or special conditions specified in the award agreement or as otherwise required by the Council. SECTION 14. IMPLEMENTING ENTITY COMPLIANCE The Implementing Entity agrees to comply will all applicable laws, regulations, and rules of the Federal Government and State of Illinois (and rules of the Motor Vehicle Theft Prevention Council) and with any applicable local ordinances in the performance of this agreement, including but not limited to: - Those laws, regulations, and rules specified in this agreement; - The Criminal Identification Act, Ill. Rev. Stat., ch. 38, pars. 206-1 et seq.; - The State Comptroller Act, Ill. Rev. Stat., ch. 15, pars. 201 et seq.; - The rules of the Motor Vehicle Theft Prevention Council; and - The guidelines and rules of the Department of State Police regarding intelligence information, specifically the Illinois Law Enforcement Intelligence Network (ILEIN). SECTION 15. PROCUREMENT STANDARDS All procurement transactions shall be conducted by the Implementing Entity in a manner to provide, to the maximum extent practicable, open and free competition. Implementing Entities may use their own procurement regulations which reflect State and local law, rules, and regulations, provided that all procurements made with Trust Funds minimally adhere to standards established by the Illinois State Purchasing Act (Ill. Rev. Stat., 1989, ch. 127, pars. 132, et seq.). 7 Agreement 93-011 Kane County Auto Theft Task Force August 7, 1992 SECTION 16. NONDISCRIMINATION The Implementing Entity agrees that no person shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment or denied access to services, programs, or activities funded under this agreement on the basis of race, color, age, religion, national origin, physical or mental handicap not related to ability, unfavorable discharge from military service, or sex. The Implementing Entity assures, when applicable, compliance with the following laws and regulations: - Title VII of the Civil Rights Act of 1964; - Section 504 of the Rehabilitation Act of 1973, as amended; - Title IX of the Education Amendments of 1972; - The Age Discrimination Act of 1975; - The Americans With Disabilities Act of 1990; - The Department of Justice NonDiscrimination Regulations, 28 CFR Part 42, subparts C,D,E, and G; - The Illinois Human Rights Act, Ill. Rev. Stat., ch. 68, pars. 1-101 et seq.; and - The Illinois Environmental Barriers Act, Ill. Rev. Stat., ch. 111 1/2, pars. 3711 et seq. SECTION 17. CONFIDENTIALITY The Implementing Entity is required not to use or reveal any research information furnished under this program by any person and identifiable to any specific private person for any purpose other than the purpose for which such information was obtained in accordance with this program. SECTION 18. BRIBERY AND FELONY CONVICTION The Implementing Entity certifies that it is not barred from being awarded a contract or subcontract under Section 10.1 or Section 10.3 of"The Illinois Purchasing Act" (Ill. Rev. Stat. 1989, ch. 127, pars. 132.10-1 and 132.10-3). 8 Agreement 93-011 Kane County Auto Theft Task Force August 7, 1992 SECTION 19. CERTIFICATION REGARDING DEBARMENT The Implementing Entity certifies that it has not been barred from contracting with a unit of State or local government as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961 (Ill. Rev Stat. 1988 Supp., ch.38, pars. 33E3 or 33E4). SECTION 20. ASSIGNMENT The Implementing Entity shall make no assignment of this agreement or of any of the monies due hereunder without prior written approval of the Council. SECTION 21. SUBCONTRACTING Any work or professional services subcontracted for must be specified by written contract, and shall be subject to all provisions contained in this agreement. Subcontracts in excess of $1,000 must be approved in writing by the Council prior to their effective dates. The Implementing Entity will be liable for the performance, acts or omissions of any person, organization, partnership or corporation with which it contracts. The Council will not be responsible for the performance, acts or omissions of any subcontractor. SECTION 22. INDEPENDENT CONTRACTOR The Implementing Entity, in the performance of this agreement, shall act as an independent contractor and not as an agent or employee of the Council. The Council will not be responsible for the performance, acts or omissions of the Implementing Entity. The Implementing Entity will be liable and will indemnify, defend and hold the Council harmless, to the extent authorized by law, for all claims, suits, judgments and damages arising from the performance of this agreement. SECTION 23. EXHIBITS, AMENDMENTS The documents appended are made a part of this agreement, as exhibits and amendments as the case may be. Any amendment to this agreement must be signed by the parties to be effective. The Implementing Entity is required to perform the services subject to this agreement in accordance with all terms, conditions, and provisions set forth in such exhibits and amendments. 9 • Agreement 93-011 Kane County Auto Theft Task Force August 7, 1992 SECTION 24. TERMINATION OR SUSPENSION The Executive Director will suspend performance of any award agreement for a period not to exceed 28 days where there has been a determination of noncompliance with any state or federal statute, rule or regulation, or with such guidelines specified in the award agreement or with the terms or conditions of this agreement. The Executive Director will reinstate performance of an agreement that has been so suspended if the noncompliance is corrected within twenty-eight (28) days from the date of suspension. However, notwithstanding the paragraph below, an award agreement, for which performance has been suspended, will be terminated by the Executive Director if performance of the award agreement is not reinstated with twenty-eight (28) days from its suspension. Written notice of all such actions by the Executive Director will be submitted to the Implementing Entity and members of the Council as soon as possible, but within seven (7) days. The Executive Director will immediately terminate any award agreement for any reason of noncompliance specified in the paragraph above, if performance of the agreement has been suspended on at least one prior occasion or if such noncompliance cannot be corrected by the Implementing Entity within twenty-eight (28) days from the date of suspension. Written notice of such termination by the Executive Director will be submitted to the Implementing Entity and members of the Council as soon as possible, but within seven (7) days. SECTION 25. STATEMENTS, PRESS RELEASES, PUBLICATIONS Any publications of the results or accomplishments of any Council-funded activity or program should clearly state: 1) the percentage of the total cost of the program or project financed with Trust Funds; 2) the dollar amount of Trust Funds awarded for the project or program and 3) the following or comparable acknowledgement: "This project was supported by a grant from the Illinois Motor Vehicle Theft Prevention Council. The opinions and views expressed in this report are not necessarily those of the State of Illinois or the Illinois Motor Vehicle Theft Prevention Council." All implementing entities are required to make this statement when issuing press releases, and other documents describing projects or programs funded in whole or in part with Trust Funds. 10 Agreement 93-011 Kane County Auto Theft Task Force August 7, 1992 SECTION 26. FEDERAL TAXPAYER IDENTIFICATION NUMBER Under penalties of perjury, the Implementing Entity certifies that its correct Federal Taxpayer Identification Number is 36-6005862. The Implementing Entity is operating as a: _Individual _Real Estate Agent _Sole Proprietorship X Governmental Agency _Corporation -Tax Exempt Organization[IRC 501 (a)only] _Not-for-Profit Corporation -Medical and Health Care Service Provider Corporation -Trust or Estate _Partnership SECTION 27. RENEGOTIATION, MODIFICATION, OR AMENDMENT Revisions or amendments to an award agreement will begin on the effective date of the amendment and may be retroactive to a date agreed upon by the Implementing Entity and the Council. No alteration, variation, modification, termination, addition to, or attempted waiver of any of the provisions of an award agreement will be valid or binding unless in writing, dated, and signed by the parties. The parties will agree to renegotiate, modify, or amend the award agreement should federal or state law or regulations require alteration of the award agreement. SECTION 28. INTEGRATION This document and the exhibits, amendments, and items incorporated by reference constitute the entire agreement between the parties pertaining to the subject matter hereof and supersede all prior and contemporaneous agreements and understandings of the parties, oral or written, which are not fully expressed herein. No alleged covenant, representation, or condition not expressed in this agreement shall affect or be effective to interpret,change or restrict the express provisions of this agreement. SECTION 29. SEVERABILITY If any term or provision of this agreement is held invalid, unenforceable, voidable or void, that term or provision shall not affect the other terms or provisions of this agreement which can be given effect without the invalid term or provision. 11 Agreement 93-011 Kane County Auto Theft Task Force August 7, 1992 SECTION 30. DRUG FREE WORKPLACE CERTIFICATION If the Implementing Entity has more than 25 employees, the Implementing Entity certifies that it provides a drug free workplace in accordance with the Drug Free Workplace Act (Ill. Rev. Stat. ch. 127, par. 132.311 et seq.) and will execute the certification form attached hereto. SECTION 31. SPECIAL CONDITIONS 1. The Implementing Entity shall participate in regular briefings of Council-funded program officials, and other invited local, county, state, or federal officials regarding motor vehicle theft law enforcement efforts as directed by the Council. 2. The use of Trust Funds as "Official Advance Funds" in connection with this program shall be in strict accordance with standards and procedures followed by the Illinois State Police. 3. The use of vehicles provided by the insurance industry in connection with the funded program shall be subject to the terms and conditions of a contractual agreement executed between the individual insurance company(ies) or its designee and the implementing entity. Additionally, under no circumstances, shall such vehicles be: a. Used by program personnel for non-official purposes including, but not limited to: personal business, leaves, vacations, or similar purposes; or b. Purchased by the implementing entity or any personnel assigned to the funded program. 4. The activities of the Kane County Auto Theft Task Force shall be overseen by a policy board consisting of officials from the participating agencies. The board shall supervise and oversee the operations of the Kane County Auto Theft Task Force and make reports to the Council as required. The board shall ensure that the operations of the Kane County Auto Theft Task Force are limited exclusively to enforcement of motor vehicle theft laws of this state, sister states or the United States. The board shall also have the responsibility for directing the operations of the Kane County Auto Theft Task Force including: a. Approving a budget prepared by the person in charge of the day-to-day operations; b. Prescribing financial procedures; 12 Agreement 93-011 Kane County Auto Theft Task Force August 7, 1992 c. Establishing project goals and objectives; and setting investigative priorities and targets; d. Establishing rules and guidelines for operations by supervisors and staff; e. Receiving and causing to be investigated complaints of misconduct by any member of the staff of the project; f. Appointing or dismissing a task force director upon a vote of all members of the policy board; g. Coordinating all investigations including those with outside agencies; h. Meeting at least quarterly and maintaining minutes of those meetings which include votes of the policy board on all decisions; i. Approving reports submitted to the Council. For the purpose of implementing these and related policies and procedures, the Implementing Entity shall enter into an intergovernmental agreement with the local, county, state, or federal agencies participating in the multi jurisdictional task force within 60 days following the implementation date. 5. The Implementing Entity agrees that the collection, maintenance, and dissemination of intelligence information shall at least minimally comply with standards and concepts espoused in 28 CFR Part 23. 13 Agreement 93-011 Kane County Auto Theft Task Force August 7, 1992 SECTION 32. ACCEPTANCE The terms of this award agreement are hereby accepted and executed by the proper officers and officials of the parties hereto: c \ / /(er_6 1- )-- rry L. .c• City Manager ate City o Elgin 7-----) ------) /; - James B lerpc , Financ' irectorf D e City of Elg' 6/(44ei- 74jJwit'i S /a /9 z— Charles A. Gruber, Chief Date Elgin Police Department Terrance W. Gainer, Chairman Date Illinois Motor Vehicle Theft Prevention Council Dennis E. Nowicki, Executive Director Date Illinois Criminal Justice Information Authority 14 STATE OF ILLINOIS DRUG 'FREE WORKPLACE CERTIFICATION This certification is required by the Drug Free workplace Act Ill. Rev. Stat. ,, ch. 127, par. 152 .311) . The Drug Free workplace Act effective :anuary 1, 1992 , requires that no grantee or contractor snag_ receive a grant or be considered for the purposes of being awarded a contract for the procurement of any property or services from the State unless that grantee or contractor has certified to the State that the grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of the contract or grant and debarment of contracting :r grant opportunities with the State for at least one (1) year but not more than five (5) years. For the purpose of this certification, "grantee" or "contractor" means a corporation, partnership, or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division, or other unit thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the State. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees. for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (A) abide by the terms of the statement; and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's or contractor's policy of maintaining a • drug free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and z y = (4) the penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is so convicted, as required by section 5 of the Drug Free Workplace Act. (f) Assisting employees in selecting a course of action in the • event drug counseling, treatment, and rehabilitation is . required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. THE UNDERSIGNED AFFIRMS, UNDER PENALTIES OF PERJURY, THAT HE OR SHE IS AUTHORIZED TO EXECUTE THIS CERTIFICATION ON BEHALF OF THE DESIGNATED ORGANIZATION. CL.c e) pLice Printed Name of Organization Signature of Authorized Requisition/Contract/ Representative Grant ID Number Ittit-des Tt- 4.0-4 b.ex Printed Name and Titls Date f=racy of jou ee, • • Agreement 93-011 Kane County Auto Theft Task Force August 7, 1992 EXHIBIT A - PROGRAM DESCRIPTION SUMMARY OF PROPOSED PROGRAM It is the intent of the Elgin Police Department, Illinois State Police, Aurora Police Department, Kane County Sheriff's Office and the Kane County State's Attorney's Office to develop a specialized auto theft unit to address motor vehicle loss claims in Kane County. Kane County, the fourth largest county in the State of Illinois, continues to experience strong growth. In 1990, the U.S. Census Bureau reported Kane County's total population to be 317,471. This is an increase of 39,066 persons, or more than 14 percent, over Kane County's population of 278,405. The Kane County Auto Theft Task Force will be able to deploy one (1) full-time police officer from the following departments: Elgin, Illinois State Police, Aurora and Kane County Sheriff. It also will utilize the services of Kane County State's Attorneys and one (1) Kane County State's Attorney Investigator 50% of the time. This grant will help enable this task force with additional financial resources to meet the growing demands placed upon them. St. Charles Police Department will also deploy one officer on a half-time basis who will not be paid from grant monies. The operations, components and performance measures of the Kane County Task Force will develop special tactics and procedures to follow in identifying cases that are "organized crime or gang" related. STATEMENT OF PROBLEM In the years past, Illinois has consistently ranked nationally within the top ten in the total amount of annual vehicle thefts. Kane County has not been immune to these problems as the following table indicates. MOTOR VEHICLE YEAR THEFTS 1988 693 1989 692 1990 696 1991 761 A total of 267,698 vehicles were registered in Kane County in 1991. During the same calendar year, Al Agreement 93-011 Kane County Auto Theft Task Force August 7, 1992 761 vehicles were reported stolen in Kane County. The two cities of Elgin and Aurora have experienced almost two thirds of these reported thefts. In the past ten years, Kane County has been targeted by several known and recognized street gangs and also has become a home base for most of them. As a result of this, numerous gang related crimes have occurred. Though these gangs may not be the primary cause of auto thefts, they are considered to be a major focus by law enforcement for having been responsible for numerous auto loss claims, i.e. auto theft, auto burglary and/or parts thefts. The problem for the local agencies is that they can not adequately follow up on leads or other information that demands of them to go or act outside of their jurisdictions. In addition the local agencies suffer from having the strains of the "day to day" case load responsibilities causing them to close cases out without having spent adequate time to conduct other necessary investigative techniques such as surveillances, etc. These investigations are then ended prematurely and without a successful conclusion. In 1990, 47 arrests were made in the county for motor vehicle theft offenses. This represents about 7% of motor vehicle thefts that occurred during the year. An additional problem is that local jurisdictions are obtaining information about chop shops; however, a lot of these tips are just outside of their respective jurisdictions. Because of the local jurisdictional problems and the lack of manpower on both the state and county levels, there are virtually no law enforcement measures being imposed on such operations. At this time a lot of these operations are operating without fear of any police intervention. Kane County also suffers from not having any type of centralized intelligence network in place to gather information and other data necessary to combat such activities. The Kane County State's Attorney's Office is attempting to gather information regarding gang activity, however, police departments are restricted from addressing some of these problems because of the lack of communication or information. The county also suffers from not having adequately trained, high quality auto theft prevention officers to address these problems. A majority of the vehicle thefts that are being committed by the "gangs" are primarily for the purpose of stripping parts to finance their operations or to purchase drugs or weapons. The other problem is that they use these stolen vehicles during the commission of another crime. It also has been established that a lot of these vehicles are being stolen to simply "joy ride" and later are abandoned and possibly become vandalized by other street people. The Kane County State's Attorney's Office, as many other prosecutorial offices in the State of Illinois, lacks the resources necessary to address the problem as identified in the Statewide Motor Vehicle Theft Prevention Strategy Summary(December 20, 1991)P.4, "Collar Counties," of which Kane is identified. Crime in Illinois 1991. Crime Index/Crime rate per 100,000 for the years 1989-1990 (Kane County), A2 Agreement 93-011 Kane County Auto Theft Task Force August 7, 1992 shows an increase of .6% filings of vehicle theft and related charges range from 143 in 1988 to 189 in 1991. It is further noted on page six (6) of the Statewide Motor Vehicle Theft Prevention Strategy Summary that Kane County is identified as one of five metropolitan areas which have the highest motor vehicle theft volumes and has been identified in the strategy as an area of greatest need. GOALS AND OBJECTIVES The overall goal of this unit will be to detect and combat organized, commercial auto theft in Kane County. This goal will be achieved by employing various auto theft techniques which include: undercover and sting operations, developing and utilizing confidential source information, using crime prevention or educational activities designed to reduce loss claims in Kane County. 1) Increase the percentage of county-wide auto theft follow-up investigations from the present 20% to 60%. 2) Reduce motor vehicle thefts in Kane County by 10% or 75 thefts in the first year of operation. 3) Increase the number of arrests made in connection with motor vehicle thefts by 20% or 10 arrests. 4) Meet on a regular basis (at least monthly) with other auto theft task forces in the Chicago metro area. PROGRAM STRATEGY The main office of the Kane County Auto Theft Task Force will be in the Aurora Police Department building utilizing space, heat and electricity donated by that Department. The Kane County Auto Theft Task Force will assign Four and one half(4 1/2) full time police officers, who will spend their time in investigation and detecting auto theft related crimes. The Elgin Police Department, Aurora Police Department and Kane County Sheriff's Office have agreed to commit extra personnel for executing search warrants, conducting surveillances and other instances as needed. A3 Agreement 93-011 Kane County Auto Theft Task Force August 7, 1992 A Kane County State's Attorney will be available at all times to assist in prosecution and investigations of these crimes, becoming familiar with types of charges, case law and particular problems in prosecution and assisting with warrants/overhears in order to better target chop shops and "professional" auto thieves which will result in greater number of prosecutable arrests. The State's Attorney's Office will also assign one investigator to spend 50% of his/her time to this Task Force for process service, diagrams, and assistance in ongoing investigations. With the grant funds the Task Force will be able to assist police agencies in cases that normally become dormant because of jurisdictional problems. This Task Force would be able to follow up on cases that the department can't follow up on either because of budgetary problems or the limitations with respect to their jurisdiction. It would also allow the Task Force to conduct surveillances, both stationary and mobile in order to gather intelligence, recover stolen vehicles/parts and make the necessary arrests. This grant would also allow the Task Force to utilize equipment that is not available to the departments as of now such as, night scopes, portable radios, etc. These items would prove beneficial in conducting covert operations. This task force will attempt to monitor and gather intelligence about street gangs, target areas that are most prone to losses and focus on organized chop shops and their suspected members. From time to time it will be necessary for task force members to work overtime for surveillance and investigations which require work past the normal shifts. Communications needs are great because of the large area covered by a county-wide task force. Mobile radios will be used in different vehicles for communication between investigators. The mobile units plug into a car cigarette lighter allowing their transfer to various vehicles for covert surveillance. Portable radios will be used for communication outside of vehicles. Hand held telephones can be shared by investigators, eliminating the need to install cellular telephones in vehicles. One office will be used to accommodate task force personnel. Desks, chairs, file cabinets, etc. will be needed for this office. A personal computer will be used to document efforts of the task force, generate investigation reports, gather, store and analyze auto theft data and intelligence in an effort to predict trends in the county and to make reports to Illinois Motor Vehicle Theft Prevention Council. Camera and telephoto lens will be used for investigations and to document evidence. The following types of reports from all Kane County agencies will be forwarded to the Auto Theft Task A4 a Agreement 93-011 Kane County Auto Theft Task Force August 7, 1992 Force for follow up investigations: A. All vehicle theft reports and/or recoveries B. Stolen vehicle parts/accessories C. Seizure of motor vehicles/parts/accessories D. Arrest reports involving both adults and juveniles for these types of incidents. The task force will target organized auto theft activity including "chop shop" operations, "retagging" operations, insurance fraud, theft "rings", and will examine the relationship between suburban gangs and their involvement with motor vehicle theft in this area. Finally, the task force will work closely with the National Insurance Crime Bureau (N.I.C.B.)formerly known as N.A.T.B. in order to be informed of latest auto theft trends and use their expertise in identifying vehicles, location confidential numbers and authenticating identification on vehicles. PERFORMANCE INDICATORS The task force will rely on the following performance indicators: 1. The number of motor vehicles stolen 2. The number of arrests made in connection with motor vehicle thefts 3. The number of motor vehicle theft or related investigations conducted 4. The number of prosecutions initiated in connection with arrests 5. The number of indictments and convictions obtained in connection with prosecuted cases 6. The number of meetings or briefings attended with other agencies 7. The number of theft and recovery reports received and processed IMPLEMENTATION SCHEDULE 1) Assignment to the Task Force will be done immediately upon approval of this proposal. A5 Agreement 93-011 Kane County Auto Theft Task Force August 7, 1992 2) Within one month, the Task Force would expect to begin investigating auto theft activity. 3) In a two month period we would expect to notify local citizen's groups advising them of the availability of our Task Force for speaking purposes. 4) This schedule could be varied depending on the training of the task force personnel. Ongoing training for personnel will be conducted as scheduling permits. A6 Agreement 93-011 Kane County Auto Theft Task Force August 7, 1992 EXHIBIT B - BUDGET INFORMATION Budget Narrative PERSONNEL The task force will be comprised of four full time sworn officers one half-time officer one half-time State's Attorney Investigator. The Illinois State Police will provide a sergeant who will also serve as supervisor for the task force. Elgin, Aurora, Kane County Sheriff and St. Charles will provide police officers. The Kane County State's Attorney's Office will supply the task force with an investigator who will devote 50% of his/her time to the task force. COMMODITIES The task force will need funds to cover expendable office supplies such as forms, stationary, paper clips, stacking trays, folders, calculators and other first year start-up costs. CONTRACTUAL Pagers will cost $8/mo for a total of $480. Telephone service charges will cover office and mobile telephones. EOUIPMENT The task force will need equipment to successfully meet its objectives. Portable mobile radios, portable radios and transportable telephones will be purchased to address the communication needs. Mobile radios with cigarette lighter plug will be used in the vehicles. They will provide county-wide communication and can be moved from car to car as changes are made in vehicles assigned to the task force. Hand-held portable radios will be used when personnel are out of their vehicles and by extra personnel temporarily assigned during surveillance and raids. A 35 mm camera will be used for surveillance and evidence purposes. The task force will require the use of five (5) vehicles for task force assignments. These should be late model vehicles consistent with the requirements of police utilization. Ideally, the vehicles would be replaced on a six-month basis. Desks and chairs will be purchased to equip the office. The office will also need telephones and file B1 Agreement 93-011 Kane County Auto Theft Task Force August 7, 1992 cabinets. A personal computer/software will be used for intelligence, project record keeping, and processing reports. Funds for miscellaneous equipment will be used to cover smaller items needed (i.e. calculators, paper trays, etc.) B2 Budget Detail Kane County Auto Theft Task Force .. Personnel Services JOB ANNUAL NO. OF MONTHS PERCENT OF TIME TOTAL TITLE SALARY ON PROGRAM ON PROGRAM COST 1 Elgin Police Officer $ 27,500 12 100% $ 27,500 1 Aurora Police Officer $ 26,000 12 100% $ 26,000 1 Kane County Deputy $ 24,000 12 100% $ 24,000 1 Illinois State Police Sergeant No Charge 12 100% No Charge 1 St. Charles Police Officer No Charge 12 50% No Charge 1 Assistant State's Attorney No Charge 12 100% No Charge 1 SAO Investigator $ 32,000 12 50% $ 16,000 PERSONNEL SUBTOTAL $ 93,500 SOCIAL SECURITY OTHER FRINGE BENEFITS $ 28,050 OVERTIME $ 5,655 TOTAL PERSONNEL COST $127,205 Illinois Motor Vehicle Theft Prevention Council July 27, 1992 B3 Budget Detail Kane County Auto Theft Task Force Equipment (Page 1 of 2) QUANTITY UNIT COST DESCRIPTION TOTAL COST 5 $1,000 Portable mobile radios mounted in attache cases with $ 5,000 cigarette lighter plug, hidden antenna, multi-channel 5 $ 900 Hand-held portable radios $ 4,500 2 $ 650 Hand-held transportable telephones $ 1,300 2 $ 275 Desks $ 550 4 $ 125 Desk chairs $ 500 2 $ 75 Telephones $ 150 2 $ 135 File cabinets $ 270 1 $ 350 35 mm Camera $ 350 1 $ 275 Telephoto lens $ 275 1 $4,000 Personal computer and laser printer $ 4,000 1 $ 500 Software $ 500 Illinois Motor Vehicle Theft Prevention Council July 27, 1992 B4 Budget Detail • Kane County Auto Theft Task Force Equipment (Page 2 of 2) QUANTITY UNIT COST DESCRIPTION TOTAL COST 2 $ 400 Electric typewriters $ 800 TOTAL EQUIPMENT COST $ 18,195 Illinois Motor Vehicle Theft Prevention Council July 27, 1992 B5 Budget Detail Kane County Auto Theft Task Force Contractual QUANTITY UNIT COST DESCRIPTION TOTAL COST 5 $ 96 Pager service $ 480 2 $ 1,200 Yearly service charge for portable telephones $ 2,400 2 $ 360 Yearly service charge for office telephones $ 720 TOTAL CONTRACTUAL COST $ 3,600 Illinois Motor Vehicle Theft Prevention Council July 27, 1992 B6 Budget Detail Kane County Auto Theft Task Force Commodities QUANTITY UNIT COST DESCRIPTION TOTAL COST Office supplies (i.e. stationary, envelopes, etc.) $ 1,000 TOTAL COMMODITIES COST $ 1,000 Illinois Motor Vehicle Theft Prevention Council July 27, 1992 B7 Budget Detail • Kane County Auto Theft Task Force • BUDGET SUMMARY BUDGET CATEGORY TOTAL COST PERSONNEL SERVICES $ 127,205 EQUIPMENT $ 18,195 CONTRACTUAL $ 3,600 CONSULTANTS TRAVEL COMMODITIES $ 1,000 OTHER COSTS GRAND TOTAL $ 150,000 Illinois Motor Vehicle Theft Prevention Council July 27, 1992 B8 EWJn Agenda Item No. 10 August 4, 1992 MEMORANDUM TO: Mayor and City Council FROM: Larry Rice, City Manager SUBJECT: Grant Proposal for the Kane County Auto Theft Task Force Purpose To obtain authorization to enter into a multi-jurisdiction- al auto theft task force. Background Automobile theft has become a major problem in both Kane County and Illinois. Property losses due to this crime continue to mount and impact on all as a result of increasing premium costs. It is the intent of the Elgin Police Department, Illinois State Police, Aurora Police Department, Kane County Sheriffs Office, and the Kane County State's Attorneys Office to develop a specialized auto theft unit to address motor vehicle loss claims in Kane County. The Elgin Police Department has been working closely with the Illinois Motor Vehicle Theft Prevention Council for the purpose of obtaining grant monies to combat auto theft through- out Kane County. The Illinois Motor Vehicle Theft Prevention Council has reviewed the attached proposed grant proposal and has tentatively agreed to a maximum funding budget of $150,000. These funds will pay for personnel and equipment agreed to in the budget for a 12 month period. After 12 month's, this con- tract will be evaluated for renewal. The Elgin Police Department would commit one ( 1) officer full- time to this project. In addition, vehicles for task force use Mayor and City Council August 4, 1992 Page 2 rft. would be supplied by participating insurance companies . Mainte- nance for these vehicles would be shared by the participating departments. The Aurora Police Department has donated office space for the first year at no cost to all participating agen- cies. Financial Impact The Elgin officer position will be funded by the grant, through the Illinois Motor Vehicle Theft Prevention Council for a maximum of $35,750.00 (salary/fringe) . The actual starting costs for a new officer is $47,406 recently in a short fall of $11,650+/- . However, no capital vehicle costs will be encum- bered which offsets the personnel funding situation. If or when the grant program terminates, the officer will fill the next vacant regularly budgeted position in the department. Recommendation The City Council is asked to approve this intergovernmental agreement for the Kane County Auto Theft Task Force. .414-44 r Lar w— . Rice City Manager LLR:ks r