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Home My WebLink About02-131 Resolution No. 02-131 RESOLUTION AUTHORIZING EXECUTION OF A VEHICLE USE AGREEMENT WITH STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim City Manager, be and is hereby authorized and directed to execute a Vehicle Use Agreement on behalf of the City of Elgin with State Farm Mutual Automobile Insurance Company for the use of a 1992 Chevrolet Suburban by an Elgin police officer assigned to the Kane County Auto Task Force for the period January 1, 2002 to December 31, 2002 , a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 10, 2002 Adopted: April 10 , 2002 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk VEHICLE USE AGREEMENT This agreement is hereby made and entered into this 1st day of January, 2002 by and between the City of Elgin, a municipal corporation, hereinafter referred to as "Borrower," and the State Farm Mutual Automobile Insurance Company,an Illinois corporation,hereinafter referred to as"Lender." Purpose The purpose of this agreement is to assist the parties to this agreement in implementing the Illinois Motor Vehicle Theft Prevention Act(20 ILCS 4005/1,et. seq.),hereinafter referred to as"the Act," by providing for the loan and exclusive use of motor vehicles in programs funded by the Illinois Motor Vehicle Theft Prevention Council, hereinafter referred to as the "IMVTPC." Whereas,the Act, establishes the IMVTPC 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, the Act created a special fund in the State Treasury known as the Motor Vehicle Theft Prevention Trust Fund into which insurance companies doing business in Illinois contribute monies and which is administered by the Executive Director of the Authority; and Whereas,pursuant to the Act,the IMVTPC named the following program areas as the focus of the Statewide Motor Vehicle Theft Prevention Strategy for calendar years 2000-20003: 1. Law enforcement, with special emphasis on multi jurisdictional task forces; 2. The infrastructure supporting law enforcement; 3. Public awareness; 4. Evaluation and research; 5. Innovative programs; and Whereas,the Kane County Auto Theft Task Force, hereinafter referred to as "KCAT," is a multi jurisdictional auto theft task force that is funded by the IMVTPC, and Whereas,the City of Elgin,through its police department,is a participating member of KCAT and currently supplies KCAT with sworn law enforcement personnel who are dedicated to performing the program functions of KCAT, and Page 1 of 4 Whereas, various insurance companies that are doing business in Illinois have agreed to further support the program areas that are the focus of the Statewide Motor Vehicle Theft Prevention Strategy by supplying,as needed,recovered stolen vehicles for use by IMVTPC-funded programs. Insurance company-supplied vehicles help to conserve Motor Vehicle Theft Prevention Trust Fund monies for program implementation by eliminating the cost to theses programs that would otherwise be necessary for the purchase and/or leasing of motor vehicles for use by program personnel. Whereas, State Farm Mutual Automobile Insurance Company (Lender)has agreed to provide the City of Elgin(Borrower)with a recovered stolen vehicle(s) for use by an Elgin Police Department officer who is assigned to KCAT. Section 1. Description of Vehicle(s) The Lender agrees to provide the Borrower the following vehicle(s), for the purposes of this agreement: Description of Vehicle(s) 1. 1992 Chevrolet Suburban, VIN: 1GNEC16K1NJ341475 Claim# IAA Stock# Section 2. Financial Responsibility The Borrower shall indemnify Lender from and against any damage incurred to said vehicle(s), specifically excluding attorney's fees and court costs, during the term of this agreement and until return of the vehicle(s) to the possession and control of the Lender. The Borrower shall provide liability insurance coverage,or self-insurance coverage(if applicable),in the amount required by law for each of the vehicle(s). Section 3. Term of Use The term of use of the vehicle(s)shall commence January 1,2002 and terminate December 31,2002. The Lender may grant an extension in the use of the vehicle(s)beyond this period only by executing another Vehicle Use Agreement. Section 4. Vehicle Maintenance The Borrower agrees to expend all necessary funds to properly maintain and operate the vehicle(s) in the same condition as when received except for ordinary wear,tear and mileage. Page 2 of 4 Section 5. Restriction on Usage of Vehicle(s) The Borrower agrees that under no circumstances shall the vehicle(s) be (a) used for non-official purposes including,but not limited to: personal business, leaves,vacations,or similar purposes; or (b)purchased by any agency associated with or personnel assigned to the funded program. Section 6. Borrower Liability The Borrower shall hold Lender, the National Insurance Crime Bureau and the Illinois Motor Vehicle Theft Prevention Council (State of Illinois)harmless from and against any and all claims, suits or demands arising out of or in connection with the Borrower's use of the vehicles(s)which are the subject of this agreement and which are incurred during Borrower's possession and control of such vehicles and prior to Borrower's return of such vehicles,specifically excluding attorney's fees and court costs. Section 7. Return of Vehicle(s) The Borrower agrees not to sell, convey, or in any way dispose of the vehicle(s)during the term of this agreement. The Borrower agrees to return the vehicle(s)to the Lender at a location designated by the Lender in the same condition as when received except for ordinary wear,tear and mileage. Upon return of the vehicle(s)to the Lender,Borrower agrees to provide as clear a title(if applicable) as received from Lender, free of all encumbrances. Section 8. Termination This agreement may be terminated by either party upon 30-day written notice provided to the other party,the National Insurance Crime Bureau and the Illinois Motor Vehicle Theft Prevention Council. Section 9. Severable Terms The terms of this agreement shall be severable. In the event any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason,the remainder of this agreement shall remain in full force and effect. Section 10. No Joint Agency Relationship Created This agreement shall not be construed so as to create a joint venture, employment, partnership or other agency relationship between the parties hereto. Page 3 of 4 Section 11. Choice of Law/Appropriate Forum This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the enforcement of any rights and the resolution of any disputes arising out of, or in connection with, the provisions or performance of this agreement shall be in the Circuit Court of Kane County, Illinois. Section 12. Acceptance The terms of this agreement are hereby accepted and executed by the proper officers and/or officials of the parties hereto: LENDER BORROWER- DEPARTMENT 1 1 (�� J l Ge � CITY OF ELGIN (Print Name) (Print Name) 410 ■.. (Signature) (Signa e) Vi/( ---4 pW tie/ '' : 1 Interim City Manager OFFICIAL, TITLE OFFICIAL,TITLE 572-I/°Z DATE DATE Page 4 of 4 OFE U� (Ci '�'� City of Elgin Agenda Item No. erk March 22 , 2002 G TO: Mayor and Members of the City Council f N FROM: Olufemi Folarin, Interim City Manager SAFE COMMUNITY SUBJECT: Kane County Auto Theft Task Force Vehicle Use Agreement PURPOSE The purpose of this memorandum is to give the Mayor and the members of the City Council information to consider renewing an agreement with the State Farm Mutual Automobile Insurance Company for the use of a vehicle by an Elgin police officer assigned to the Kane County Auto Theft Task Force for an additional year. BACKGROUND The City of Elgin has participated in the Kane County Auto Theft Task Force since 1992 . Two Elgin detectives are assigned to the task force and funded through a grant with the Illinois Motor Vehicle Theft Prevention Council at the cost of a new officer. The City of Elgin acts as the administrator of this grant in cooperation with the Illinois Criminal Justice Information Authority. As a provision of this agreement, various insurance companies provide stolen/recovered vehicles for use by the Task Force members . Currently, one vehicle owned by the State Farm Mutual Automobile Insurance Company has been designated for use by an Elgin police officer assigned to this task force. Attached is an agreement covering the use of this vehicle by an Elgin officer from January 1, 2002 through December 31, 2002 . The vehicle, a 1992 Chevy Suburban, is supplied at no charge. The City will be responsible for routine maintenance, insurance and fuel . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. rft. Kane County Auto Theft Task Force March 22, 2002 Page 2 1//,‘—, FINANCIAL IMPACT The cost for providing routine maintenance, insurance and fuel is estimated at $1, 000 . Funding of this expense can be accommodated within the City Equipment Replacement Fund, Vehicle Fuel, 601-4701- 796 . 17-15 . LEGAL IMPACT None. ALTERNATIVES The City may choose not to enter into this agreement and the insurance company will not supply a vehicle for our use . RECOMMENDATION It is recommended that the City Council approve this agreement as attached. Respectfully submitted, ~ Olufemi 10111146 Inter m C ' ty -.nager jb/JJB r