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HomeMy WebLinkAbout01-215 Resolution No. 01-215 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR THE KANE COUNTY AUTO THEFT TASK FORCE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and directed to execute an Intergovernmental Agreement on behalf of the City of Elgin with the Illinois State Police, County of Kane, City of Aurora and Village of South Barrington for the Kane County Auto Theft Task Force, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schack Ed Schock, Mayor Presented: August 8, 2001 Adopted: August 8 , 2001 Omnibus Vote: Yeas : 4 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk # 1,, KANE COUNTY� fY �F 'CSI� • w � ► `, AUTO THEFT TASK FORCE } w �, A ii � �a(�PK r �w:te 4, • 4`rbT�' • 1""c 2 61 e, March 25, 2002 • Deputy Chief James Burns Elgin Police Department 151 Douglas Street Elgin, Illinois 60120 Re: Signed Original KCAT Intergovernmental Agreement Dear Deputy Chief Burns: Enclosed is the signed,original Intergovernmental Agreement for the Kane County Auto Theft Task Force (KCAT). I am forwarding this to you so that this original can be maintained by the Elgin Police Department(City of Elgin). You had previously advised that the City of Elgin requires that an original signed copy of such agreements are to kept by the city. If you have any questions concerning the above,please contact me at 847/608-3244. Sincerely, 07* 7111-* M/Sgt. Steve Emberton Director, KCAT enc. file Kane County Auto Theft Task Force 595 South State Street 0 Elgin,Illinois 60123 (847)608-3244 a FAX: (847)608-3246 Kane County Auto Theft Task Force Intergovernmental Agreement The undersigned public agencies, charged with the duty of enforcing the law and protecting their citizens from illegal activity including vehicle related criminal offenses,recognize that the jurisdiction and authority of each is limited and that such limitations are detrimental in combating crime within their respective jurisdicitions. Said agencies recognize that the most effective means to accomplish that duty is through the pooling of their resources and the joint exercise of their respective authorities. Therefore, each of the undersigned public agencies do hereby enter into this Intergovernmental Agreement to establish and continue the Kane County Auto Theft Task Force ("KCAT") so as to provide to their citizens the most effective law enforcement protection against those who engage in actions detrimental to the public safety. In consideration of the terms herein set forth and mutual covenants and obligations of the Parties hereto, the undersigned Parties agree to the following: Section 1 PARTIES The Parties to this Agreement are: The Illinois State Police ("ISP"); the County of Kane on behalf of the Kane County State's Attorney; the City of Elgin, a municipal corporation, on behalf of the Elgin Police Department;the City of Aurora,a municipal corporation,on behalf of the Aurora Police Department, and the Village of South Barrington, a municipal corporation, on behalf of the South Barrington Police Department.All of the above Parties are"public agencies,"as that term is used in this agreement, and shall hereinafter be referred to in the aggregate as "Participating Agencies." Section 2 AUTHORITY The Parties hereby enter into this Agreement in accordance with the authority vested in them by Article VII, Section 10, of the Constitution of the State of Illinois and the Intergovernmental Cooperation Act, 5 ILCS 220/1, et. seq. This agreement is also entered for the purpose of effectuating the goals and purposes of the Illinois Motor Vehicle Theft Prevention Act, 20 ILCS 4005/1, et. seq. ("the Act"). Section 3 PURPOSE The Illinois Motor Vehicle Theft Prevention Council("Council")was established by statute(20 ILCS 4005/1 et seq.) to improve and support motor vehicle theft law enforcement, prosecution and the administration of motor vehicle theft laws.The Council awards Trust Funds pursuant to the Act and enters into agreements with state agencies and units of local government entitled to use such funds to support motor vehicle theft law enforcement efforts. Page 1 of 10 The Council and the City of Elgin, on behalf of the Elgin Police Department, have entered into an Illinois Motor Vehicle Trust Fund Award Agreement ("Award Agreement") for an award of such funds to implement a Task Force.The City of Elgin is the grantee of this Award Agreement and the "Implementing Entity" for the Task Force, as described in the Award Agreement. The Award Agreement between the Council and the City of Elgin requires that the state agencies and units of government participating in this multi jurisdictional Task Force must enter into an Intergovernmental Agreement. The purpose of this Intergovernmental Agreement is to create the required multi jurisdictional authority to be known as the Kane County Auto Theft Task Force (hereafter referred to as KCAT). KCAT is not intended to supplant any existing enforcement activities within the various communities. KCAT will direct its efforts to: A. Covert and overt investigations of auto theft operations in cooperation with local police departments and other auto theft task force units, with specific emphasis on vehicle related criminal activity; B. Development of intelligence data regarding auto theft activity utilizing vehicle theft and recovery reports; C. Investigate insurance and title fraud and provide assistance to other law enforcement agencies,insurance companies and related organizations in a coordinated effort to identify and arrest offenders involved in such activity; D. Dissemination of intelligence and recovered vehicle information activities to the appropriate federal, state and local law enforcement agencies; and E. Promote the vigorous,consistent and effective prosecution of auto theft crimes by providing specially trained investigators and Assistant State's Attorneys to advise and prosecute developed cases. Section 4 ORGANIZATION A. Policy Board The Parties agree that effective use of their personnel in the enforcement of motor vehicle theft laws requires that a Policy Board be established for KCAT. The activities of KCAT shall be overseen by a Policy Board consisting of one designated official from each of the Participating Agencies in this Agreement.The Policy Board shall supervise and oversee the operations of the KCAT and make reports to the Council as required.The Policy Board shall ensure that the operations of KCAT are limited exclusively to the enforcement of motor vehicle theft laws of Illinois, sister states,or the United States. Page 2 of 10 The Policy Board shall also have the responsibility to directing the operation of KCAT including: 1. Approving a budget prepared by the Project Director in charge of the day-to-day operations; 2. Establishing project goals and objectives, and setting investigative priorities and targets; 3. Establishing rules and guidelines for operations by supervisors and staff; 4. Receiving and causing to be investigated complaints of misconduct by any officer of KCAT. 5. Recommending the appointment or dismissal of the Project Director and officers of KCAT. 6. Coordinating all investigations including those with outside agencies; 7. Meeting at least quarterly and maintaining minutes of those meetings including votes on the Policy Board on all decisions; 8. Approving reports submitted to the Council; and 9. Prescribing financial procedures. B. Fiscal Officers: The Policy Board shall designate by majority vote a Fiscal Officer.The Fiscal Officer shall function as the sole Fiscal Officer for KCAT.The Fiscal Officer shall receive and disburse trust funds pursuant to the Award Agreement between the City of Elgin and the Council. C. Project Director: The Policy Board shall designate an Illinois State Police officer as Project Director who shall be assigned to supervise the personnel in KCAT in order to carry out the purposes and policies of the Policy Board. Section 5 EQUAL EMPLOYMENT OPPORTUNITY: The undersigned Participating Agencies are equal opportunity employers and agree to subscribe to and comply with any and all valid laws,rules,and regulations pertaining to equal opportunity and anti-discriminations in employment,and further agree to abide by the valid Page 3 of 10 rules and regulations of the Equal Employment Opportunity Commission (FF.00) and the Illinois Commission on Human Rights. Section 6 OBLIGATION OF PARTIES: Each Participating Agency will contribute personnel and equipment to the KCAT as set forth below. All personnel appointed to the KCAT shall remain and continue to be employees of the Party who has appointed that employee to KCAT.Employees contributed to the KCAT shall be compensated by the Party in accordance with the Party's regular procedures and will remain subject to the Party's rules and regulations,as well as those established by the Policy Board. Compensation shall include, but is not limited to, costs of wages, overtime, injury, death and retirement benefits and insurance.Each participating party shall have the right to withdraw immediately from the KCAT,with no further obligation or duty to the KCAT,in the event of a disagreement with the rules and regulations adopted by the KCAT and/or the Policy Board.Withdrawal from the KCAT, however, shall not relieve the agency from full compliance with the terms and conditions (if any) imposed on said agency by the Award Agreement.Each Party shall retain disciplinary authority and jurisdiction over its employees who are assigned to KCAT. A. Illinois State Police: 1. The Illinois State Police shall provide the services of a sworn law enforcement officer as Project Director. 2. The Illinois State Police may provide additional investigative personnel, technical support, administrative support and/or other services, as needed, to support KCAT operations. Such services to KCAT will be provided without charge or costs to KCAT or any of the other Parties to this agreement, unless payment for such personnel,support or services have been expressly agreed to by the Policy Board and such support or services are properly payable from KCAT funds pursuant to the Award Agreement. 3. For the purposes of representation and indemnification, personnel appointed as Inspectors by the Director of the Illinois State Police and assigned to KCAT will be considered employees of the State of Illinois when performing duties within the scope of the activities of KCAT. The State of Illinois, pursuant to 5 ILCS 350/1 et seq., shall provide representation and indemnification to a KCAT officer, who is an Inspector, while engaged in KCAT activities,to the extent permitted by law.To the extent that any liability exceeds this indemnification, the County of Kane, and the cities of Elgin,Aurora,and South Barrington shall be severally liable for the errors, acts, or omissions of their officers to the extent otherwise required by law. 4. Upon termination of a sworn officer's affiliation with KCAT or upon dissolution of Page 4 of 10 • the KCAT,any credentials or equipment supplied by the ISP or KCAT to any KCAT officer must be surrendered to KCAT or the ISP. B. Participating Municipalities/Public Agencies: 1. The participating municipalities/public agencies shall each provide the services of at least one sworn law enforcement officer, equipment, or a combination thereof to KCAT.Each participating municipality/public agency will accept liability to the extent required by law under the Illinois Worker's Compensation Act (820 ILCS 305/1 et seq.)and the Public Employee Disability Act(5 ILCS 345/1)for personal injuries to its employees while engaged in KCAT activities.No Party shall be required to make financial contributions to KCAT without the prior approval of that Party. 2. The participating municipalities/public agencies may provide additional investigative personnel,technical support,administrative support and/or other services,as needed, to support KCAT operations.Such services to KCAT will be provided without charge or costs to KCAT or any of the other Parties to this agreement, unless payment for such personnel,support or services have been expressly agreed to by the Policy Board and such support or services are properly payable from KCAT funds pursuant to the Award Agreement. Section 7 VEHICLES/INSURANCE: A. Insurance Company Vehicles Used by KCAT Personnel - Vehicles will be provided to KCAT personnel by the insurance industry pursuant to the terms and conditions of a contractual agreement executed between the individual insurance company and the Party to this agreement whose personnel will be using said vehicle during his/her assignment to KCAT.These vehicles shall be operated in accordance with this agreement,ISP policy,and the regulations promulgated by the Project Director. Under no circumstances shall such vehicles be used by KCAT personnel for non-law enforcement activities. B. State of Illinois Vehicles Used by KCAT Personnel-The State of Illinois,pursuant to 20 ILCS 405/64.1,will provide liability insurance coverage,to the extent permitted by law,to any KCAT officer who is the driver of a motor vehicle owned by the State of Illinois. C. Assurance of Coverage/Financial Responsibility-The KCAT Policy Board will provide and/or assure auto insurance coverage as required by the contractual agreement or law for the respective vehicles that have been contributed to the unit or otherwise utilized by KCAT. Each Party will provide and/or assure auto insurance coverage as required by the individual contractual agreements or by law for the respective vehicles that have been contributed to the unit or otherwise utilized by KCAT. Each participating agency (excluding the ISP) shall provide their KCAT officer with automobile liability coverage (meeting or exceeding statutory minimums)while driving any KCAT vehicle.In the event of a claim,the employer Page 5 of 10 (excluding the ISP)of the named party shall hold the other parties harmless from said claim or liability.Whoever owns or leases a KCAT vehicle shall be responsible for collision or other damage to the vehicle regardless of which KCAT officer is responsible for the claim. Further,the Parties agree that any KCAT vehicle driven by an Illinois State Police Officer will be insured by the titled agency owner for automobile liability insurance meeting or exceeding the statutory minimums.The State of Illinois insurance plan covering State Police Officers only provides excess liability coverage with no collision or primary liability coverage for vehicles not titled to the State of Illinois. D. Vehicles Supplied and/or Owned by a Party - Any Party to this agreement may elect to supply a vehicle for use by their own personnel who are assigned to KCAT (hereinafter referred to as "Member-Owned vehicle"). A Member-Owned vehicle may be supplied to KCAT personnel for either the temporary or permanent use by said personnel. In the event that any Party elects to supply a Member-Owned vehicle, the terms and conditions of use, including insurance liability, shall be governed exclusively by the policies,procedures and conditions for vehicle use established by that Party for the use of its own vehicles and shall not be governed by the terms of this Section. Section 8 OPERATIONAL PROCEDURES: The parties agree that the following operational procedures shall prevail throughout the duration of this agreement: A. Task Force Project Director: 1. Will be a sworn Illinois State Police officer designated by majority vote of the Policy Board; 2. Is responsible for daily operations of KCAT and overall direction and supervision of the assigned work force; 3. Will devise, implement, arrange and administer training for personnel assigned to his/her supervision; 4. Will review, analyze, document and approve use of Official Advanced Funds in accordance Policy Board directives,if any,and otherwise by ISP reporting practices and directives where no Policy Board directive is applicable; 5. Is responsible for overtime approval; and 6. Is responsible for apprizing the Policy Board of KCAT operations and for providing required activity reports. Page 6 of 10 B. Task Force Officers: 1. The Policy Board shall appoint the officers of KCAT.An officer shall serve a twelve (12) month minimum tour of duty as a KCAT officer and may be reappointed to successive tours of duty at the discretion of the Policy Board. Any contributing agency has the option, at any time during a officer's tour of duty and with a 30 day notice to the Project Director,to terminate an appointment to KCAT and reassign the officer. 2. KCAT Agent's will be full-time police officers from ISP and the participating municipalities or public agencies. Such officers shall, prior to appointment, have completed the appropriate training as required by law and may not be subject to any current or pending disciplinary action. 3. KCAT Agents will adhere to all laws of the State of Illinois and the United States of America. 4. KCAT Agents will maintain compliance with their respective agency's policies and procedures as well as the policies and procedures of ISP.In the event of conflict,the most rigid standard will apply. 5. KCAT Officers will request annual leave (vacation) through the KCAT Project Director who shall grant or deny the request based upon operational needs. 6. Notwithstanding any provision herein to the contrary,in the case of any of the cities, no procedure will abrogate the rules and regulations of the appropriate Board of Fire and Police Commissioners or the authority of the appropriate Chief of Police relative to the officer assigned to the KCAT. Section 9 OTHER OPERATIONAL CONSIDERATIONS A. Report Writing: The ISP reporting system shall be generally utilized to document the enforcement activities and operations undertaken by KCAT. B. Confidential Sources: ISP Confidential Source policy shall be followed. CS policy includes, but is not limited to preparation of reports identifying the CS,a record of his/her motivation,fictitious names,true signature, photos, fingerprints and other data which will serve to protect both the CS and his/her Control Officer (s). The CS procedure shall include strict adherence to policy for Page 7 of 10 monetary payments (i.e. witnesses and receipts) and debriefing procedures. It is further understood that all file informants developed by KCAT "belong" to KCAT and are not the sole providence of one (1) officer. C. Official Advanced Funds: KCAT Policy Board directives and/or ISP directives concerning utilization of Official Advanced Funds shall be followed, as set forth in Section 8 above. Section 10 MISCONDUCT: A. Misconduct by officers of KCAT shall include the following: 1. Commission of a criminal offense; 2. Neglect of duties; 3. Violation of KCAT policies and/or rules of procedure; and/or 4. Conduct which may tend to reflect unfavorably upon any of the parties to this agreement. B. Upon receipt of a complaint from a law enforcement agency,state's attorney's office,or any other credible source alleging misconduct by a KCAT officer,the following procedures will be initiated: 1. If the complaint is of a minor nature, the inquiry may be conducted by the KCAT Project Director or respective agency head; 2. If the complaint is of a major or criminal nature, the KCAT Project Director will notify the Illinois State Police through the chain of command and the chief executive of the officer s parent agency; 3. If the complaint is of a criminal nature,the KCAT Project Director and the agency head may request a criminal investigation be conducted; 4. If a complaint is verified, the chief executive of the parent agency will implement disciplinary action as deemed necessary.In addition,if a criminal complaint is verified, the information will be forwarded to the appropriate state's attorney; 5. No authority shall abrogate the authority of the appropriate agency head or appropriate board or commission that oversees agency conduct. Page 8 of 10 • Section 11 PAYMENT Pursuant to the Award Agreement between the Council and the grantee, each Party's costs for personnel and benefits related to its participation in the KCAT will be reimbursed to the extent and in the amount indicated in the Award Agreement. The Parties agree that personnel appointed to KCAT will remain employees of their respective units of government for payroll purposes. The Parties will supply the necessary equipment items, excluding vehicles, and will compensate their officer(s)for personal services in support of KCAT operations,including costs for wages,overtime, injury,death,and/or retirement benefits and insurance.The grantee shall make such disbursements to participating agencies on a quarterly basis, pursuant to the submission of acceptable documentation. In the event the Trust Funds are not received by the grantee for any reason, the grantee shall have no obligation to reimburse program costs to any participating agency.The fiscal year of KCAT shall commence on January 1 each year and terminate on December 31 of the succeeding year, in accordance with the grant year funding awarded by the Council. Section 12 USE OF AWARD AGREEMENT FUNDS/PROJECT INCOME The Parties expressly agree that all trust funds provided to the grantee shall be used for the operations of the KCAT in the effecting the purposes of this agreement.The Parties also expressly agree that any fines,restitution,reimbursement, service and/or administrative fees, interest on trust funds,or other monies or income; earned, donated, granted or awarded to KCAT shall be deposited into the KCAT Project Income Account and shall be expended for such purposes as are allowed by the Award Agreement. Section 12 AMENDMENT This agreement may by amended at any time by written approval of all the parties named herein.Any subsequent changes or amendments to this agreement are binding upon all of the Parties. Section 13 CANCELLATION This agreement may be canceled at any time by written agreement of a majority of all Parties herein named subject to any conditions on the reversion of funds or equipment provided for in the Award Agreement between the Council and the grantee.Any participating municipality/agency may withdraw from and terminate its obligations under this agreement upon thirty(30)days prior written notice to the Task Force Director and upon compliance with the terms and conditions of the Award Agreement. Page 9 of 10 - L Section 14 EFFECTIVE DATE This revised agreement shall supercede any prior agreement and shall become effective when subscribed to by two or more participating municipalities or public agencies and the State of Illinois and shall be in full force and effect upon its passage and approval(if so required)in accordance with the law. Date: .2////, t 1 Sam W. Nolen Director, Illinois State Police Date: .4 T /e ZOO( C� Micha 1 W. McCoy Chairman, Kane County Board Date: Selat/2, Zoo/ Me g Gorecki State's Attorney, Kane County Date: .? a Ed Schock Mayor, City of Elgin • Date: June a , aoo I David L. Stover Mayor, City of Aurora Date: 46c. 3o, Zoo/ -�- c�n's J, 4 noo, 'Jr. Village President, Village of South Barrington Page 10 of 10 % S 1OFFt q Cit Agenda y of Elgin enda Item No.g EFL'* E L tip April 20, 2001 G I TO: Mayor and Members of the City Council ' } N FROM: Joyce A. Parker, City Manager SAFE COMMUNITY SUBJECT: Renewal of Kane County Auto Theft Task Force Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider approval of an amended contract with the Kane County Auto Theft Task Force, previously approved on January 24 , 2000 . BACKGROUND On January 24 , 2000, the Mayor and City Council approved the renewal of an interagency agreement for the Kane County Auto Theft Task Force through 2003 . Since that agreement was authorized, the Task Force' s membership has changed dramatically, requiring approval of a new interagency agreement . The primary changes are the addition of the Village of South Barrington and removal of the Kane County Sheriff' s office from the agreement . The budget remains unchanged. This change will benefit the City of Elgin by expanding the scope of the Task Force to include the Cook County portion of Elgin. The incorporated changes also clarifies the obligations of all parties and preserves the original intent of the grant, which is administered by the City of Elgin. The Task Force continues to have a positive impact on auto theft in the area, and the City of Elgin specifically. Recently, officers of the Task Force were successful in apprehending a suspect who stole two trucks from Elgin and was later involved in a fatal traffic accident . FINANCIAL IMPACT The financial portion of the agreement remains unchanged from the agreement approved on January 24 , 2000, accepting the addition of ellik the South Barrington Police Department as a member. The grant continues to fully fund the two Elgin officers that work with the unit . i 0,.... Kane County Auto Theft Task Force Interagency Agreement April 20, 2001 Page 2 LEGAL IMPACT 011/ An agreement will need to be submitted to the Legal Department for review. ALTERNATIVES The City may reject the requested changes to the agreement . RECOMMENDATION It is recommended that the amended agreement be authorized. R- .ectfully subm' ted, i (- 'If ' (2 t •yce A Parker City Manager JB/jb Attachment eft.