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HomeMy WebLinkAbout02-198 Resolution No. 02-198 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS MOTOR VEHICLE THEFT PREVENTION COUNCIL FOR THE KANE COUNTY AUTO THEFT TASK FORCE 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 an agreement on behalf of the City of Elgin with the Illinois Motor Vehicle Theft Prevention Council for the Kane County Auto Theft Task Force, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 12 , 2002 Adopted: June 12 , 2002 Omnibus Vote : Yeas : 5 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk ILLINOIS MOTOR VEHICLE THEFT PREVENTION COUNCIL THEFT July 1, 2002 �Ilinois� 120 South Riverside Plan Chicago,Illinois 60606-3997 M/Sgt. Steve Emberton Phone:(312)7934550 Fax:(312)7934422 Program Director TDD:(312)793-4170 www.icjia.state.il.us/mv Kane County Auto Theft Task Force George H.Ryan,Governor South State Street Elgin, Illinois 60123 Dear M/Sgt. Emberton: Sam W.Nolen,Chairman Illinois State Police Michael Burnside Enclosed, for your records, is a fully executed copy of Award Allstate Insurance Company Agreement MV02-011 between the Council and the City of Elgin on Richard A.Devine behalf of the Police Department, implementing the Kane County Cook County State's Attorney Auto Theft Task Force. Terry G.Hillard Chicago Police Superimendau Please do not hesitate to contact me if you have any questions regarding this matter. Linda L.Launch American Family Insurance Company Paul A.Lodi Winnebago County State's Attorney Sincerely, Bev Parritlo ✓�i��i � � n United Automobile Insurance Company Donald L Slunk 'chard V. Novak Country Companies Program Monitor Jesse White Illinois Secretary of State Candice M.Kane,Ph.D. cc: Gary Kupsak Executive Director Illinois Criminal Justice MV02-011 Information Authority "A working partnership of the public and private sectors fighting vehicle theft in Illinois" Award Agreeent MV 002-011 Kane County Auto Theft Task Face October 31,2001 ILLINOIS MOTOR VEHICLE THEFT .j ' PREVENTION COUNCIL /OWN Award Agreement #02-011 THEFT '' %' Illinois 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 on behalf of the 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 Program. WHEREAS,the Illinois Motor Vehicle Theft Prevention Act(20 ILCS 4005),hereinafter referred to as"the Act," 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,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 Council's rules entitled,"Rules for the Award and Monitoring of Trust Funds,"the Council awards Trust Funds 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 Act,the Council named the following program areas as the focus of the Statewide Motor Vehicle Theft Prevention Strategy for calendar years 2000-2003: 1. Law enforcement,with special emphasis on multijurisdictional task forces; 2. The infrastructure supporting law enforcement; 3. Public awareness; 4. Evaluation and research;and 5. Innovative programs. WHEREAS,the Council designated the Implementing Entity to receive Trust Funds for the purpose of implementing a program to address one or more of the named areas. NOW,THEREFORE, BE IT AGREED by and between the Illinois Motor Vehicle Theft Prevention Council and the Implementing Entity,as follows: • Award Agreement MV 1102-011 Kane County Auto Theft Task Force October 31,2001 SECTION 1. DEFINITIONS Act - the Illinois Motor Vehicle Theft Prevention Act(20 ILCS 4005). 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. SECTION 2. PERIOD OF PERFORMANCE This agreement takes effect on January 1,2002 and expires on December 31,2003,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 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 total 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 Grant Application attached hereto and incorporated herein. 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 reimbursement 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 necessitating the advance. Award Agreement MV 012-611 Kane County Auto TINA Task Face October 31,2001 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 for the period of January 1,2002 through December 31,2002 is$386,375.The maximum amount of Trust Funds payable under this agreement for the period of January 1,2003 through December 31,2003 is$398,383.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 Prevention Trust Funds are intended to increase the amount of revenue available to eligible recipients for specified activities. The Trust Funds may not 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. 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. • Award Agreement MV 1102-011 Kane County Auto Theft Task Faroe October 31,2001 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 fimded 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. SECTION 11. MAINTENANCE OF RECORDS The Implementing Entity agrees to retain financial and program records for three years following the expiration date of this agreement. Implementing Entity shall maintain,for a minimum of three years after completion of this agreement,adequate books,records,and supporting documents to verify the amounts,recipients,and uses of all disbursements of funds passing in conjunction with this agreement;the agreement and all books,records,and supporting documents related to the agreement shall be available for review and audit by the Auditor General,the Council,or any person duly authorized by the Council;and the implementing agency agrees to cooperate fully with any audit conducted by the Auditor General,the Council or any person duly authorized by the Council,and to provide full access to all relevant materials. Failure to maintain the books,records,and supporting documents required by this Section shall establish a presumption in favor of the State for the recovery of any funds paid by the State under the agreement for which adequate books,records,and supporting documentation are not available to support their purported disbursement. Records shall be maintained beyond the three year period if an audit is in progress or the findings of a completed audit have not been resolved satisfactorily. If either of these two preceding conditions occurs,then records shall be retained until the audit is completed or matters at issue are resolved satisfactorily. 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. Award Agreement MV NO2-011 Kane County Auto Theft Task Form October 31,2001 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. ANNUAL REPORTS AND CLOSE-OUT REQUIREMENTS By March 1,2003,the Implementing Agency must submit,in the form and manner required by the Council,a financial status report,a program performance report,and a property inventory report summarizing and accounting for financial and program activity for the previous calendar year.The Implementing Agency shall also submit any other information as requested by the Council.THIS AWARD AGREEMENT IS SUBJECT TO TERMINATION OR SUSPENSION BY THE COUNCIL PURSUANT TO SECTION 25 OF THIS AGREEMENT IF THE IMPLEMENTING AGENCY FAILS TO SUBMIT TIMELY REPORTS AS REQUIRED BY THE COUNCIL. 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: 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,(20 ILCS 2630); The State Comptroller Act,(15 ILCS 405); Award Agreemetat MV 02-011 Kane County Auto Thee Task Fare October 31,2001 The rules of the Motor Vehicle Theft Prevention Council; The guidelines and rules of the Department of State Police regarding intelligence information; The U.S.Department of Justice Regulations Governing Criminal History Record Information Systems(28 CFR 20.1 et seq.);and The U.S.Department of Justice Regulations Governing Confidentiality of identifiable Research and Statistical Information(28 CFR 22.1 et seq.). 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 Procurement Code(30 ILCS 550). 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 agrees to have written sexual harassment policies which satisfy the requirements set forth in Section 2-105 of the Illinois Human Rights Act(775 ILCS 5/2-105). The Implementing Entity also assures,when applicable,compliance with all federal and state laws and regulations,including,but not limited to: 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,(775 ILCS 5); The Illinois Environmental Barriers Act,(410 ILCS 25);and The Discriminatory Club Dues Act(775 ILCS 25) Award Agreement MV 002-011 Kane County Auto Theft Task Force October 31,2001 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 50- 5 or Section 50-10 of the Illinois Procurement Code(30 ILCS 550/50-5 or 30 LLCS 550/50-10). SECTION 19. ETHICS OFFICER NOTIFICATION. Implementing Entity shall notify the Authority's Ethics Officer if the Implementing Entity solicits or intends to solicit for employment any of the Authority's or Council's employees during the term of this agreement. SECTION 20. 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 1%1 (720 ILCS 5/33E-3 or 720 ILCS 5/33E-4). SECTION 21. 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 22. 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$10,000 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 23. 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 24. EXHIBITS,AMENDMENTS The documents appended are made a part of this agreement,as exhibits and amendments as the case may be. Any Award AFeemeat MV 002-011 Kane County Auto Theft Task Force Octabu:31,2001 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. SECTION 25. 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 26. 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 any other documents describing projects or programs funded in whole or in part with Trust Funds. Implementing entities are required to notify the Council prior to the issuance of such releases or documents and to simultaneously forward a copy of such material to the Council when it is issued. Finally,implementing entities shall notify the Council regarding any media coverage of activities funded in whole or in part with Trust Funds and shall forward copies of articles and video(if available). Award Agrtemeat MV NO2-011 Kane County Auto Theft Task Faroe October 31,2001 SECTION 27. INTANGIBLE PROPERTY If the program funded pursuant to this award agreement produces processes or inventions that could result in patents or patent rights,such fact shall be promptly and fully reported to the Council by the implementing entity. The Executive Director of the Authority shall determine whether protection on such invention or discovery shall be sought and how the rights in the invention or discovery,including rights under any patent issued thereon,shall be allocated and administered in order to protect the public interest. Where the award agreement results in a book or other material which could be copyrighted,the author or implementing entity is free to copyright the work,but the Council reserves a royalty-free,nonexclusive and irrevocable license to reproduce,publish,or otherwise use,and to authorize others to use the work for government purposes. Records for all property,tangible and intangible,acquired with Trust Funds shall be retained by the implementing entity for five years after the final disposition of the property. SECTION 28. INTERNATIONAL ANTI-BOYCOTT CERTIFICATION The Implementing Entity certifies that neither it nor any substantially-owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S.Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act. SECTION 29. FEDERAL TAXPAYER IDENTIFICATION NUMBER Under penalties of perjury,the Implementing Entity certifies that the name,legal status and taxpayer identification number listed below are correct: INSTRUCTIONS If Legal Status is individual,enter individual's name and Social Security Number(SSN)as it appears on their Social Security Card.If completing this certification for a sole proprietorship, inter the owner's name followed by the name of the business and the owner's SSN.For all otha entities,arta the name of the entity as used to apply fa the alitys Employer Identification Number(EIN)and the EIN. NAME of Elgin Individual _X_ Government Entity LEGAL STATUS _ Owner of sole proprietorship _ Nonresident alien individual (cheek ale) _ Partnership Estate or legal trust Tax-exempt hospital or extended care facility _ Foreign corporation, permaship, estate, Corporation providing or billing medical or trust and/or health care services _ Other: Corporation NOT providing or billing medical and/or health care services TAXPAYER IDENTIFICATION NUMBER Social Security No.(SSN): 36-6005862 OR Employer Identification No.(EIN): Award Agreement MV M02-011 Kane County Auto Theft Task Force October 31,2001 SECTION 30. 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 31. 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 32. 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. SECTION 33. 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(30 ILCS 580),effective January 1, 1992. The Act requires that no grantee or contractor shall 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 or 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. • Award Agreement MV 002-011 Kane Canty Auto Theft Task Fare October 31,2001 (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 program;and (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 580/5 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. SECTION 34. 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. Award Agreement MV 1002-011 Kane County Auto Theft Task Farce October 31,2001 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 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 task force and make reports to the Council as required. The board shall ensure that the operations of the 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 task force in accordance with the Program Description attached hereto and incorporated herein,including: a. Approving a budget prepared by the person in charge of the day-to-day operations; b. Prescribing financial procedures; 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. 5. The Implementing Entity,for the purpose of implementing these and related policies and procedures,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,and shall immediately forward a copy of the fully-executed agreement to the Council. Any new agencies participating in the task force must sign an amendment or addendum to this intergovernmental agreement accepting its terms and conditions. The Implementing Entity shall immediately forward a copy of the fully executed amendment or addendum to the Council. 6. The Implementing Entity agrees that the collection,maintenance,and dissemination of any intelligence Award Agreement MV 002-011 Kane County Auto Then Task Force October 31,2001 information in connection with the funded program shall minimally conform to and comply with standards and concepts espoused in federal Criminal Intelligence Systems Policies(28 CFR Part 23)and any amendments thereto. SECTION 35.ACCEPTANCE The terms of this award agreement are hereby accepted and executed by the proper officers and officials of the parties hereto: ( 117/02 City Manager Date oof Elgin id,,U4 (J . /,1 0q/a William Miller,Chief of Police Date City of Elgin c �; t L�� OF p f -$ Q �. City of Elgin Agenda Item No.Ty. 0 00'N ,,,,,,, E `� May 17, 2002 L G I TO: Mayor and Members of the City Council N FROM: Olufemi Folarin, Interim City Manager SAFE COMMUNITY SUBJECT: Renewal of Agreement with Illinois Motor Vehicle Theft Prevention Council for the Kane County Auto Theft Task Force PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider approval of the third and fourth year of a four year agreement with the Illinois Motor Vehicle Theft Prevention Council . BACKGROUND r1/4 The Kane County Auto Theft Task Force is a multi-agency task force of police agencies from the Illinois State Police, the Aurora Police Department, the South Barrington Police Department and the Elgin Police Department . Two detectives are assigned full time from the Elgin Police Department . The Task Force is the most successful task force in the state; an increase of 45% in investigations were initiated by the task force in 2001; a small decrease in auto thefts within the City of Elgin occurred; the arrest of several gang members involved in auto theft took place. The Task Force also accounted for 57 adult convictions for auto theft and insurance fraud in 2001 . The Illinois Motor Vehicle Theft Prevention Council authorized the City of Elgin to be the fiscal agent for the Kane County Auto Theft Task Force from 2000-2003 and established a budget . Due to state budgeting requirements, the City must execute a new award agreement for the last two years of the grant . This is the second such agreement and the final for this budgeted period. This agreement covers all of 2002 and 2003 . After 2003, the program will be re- evaluated by the Council and the City may apply for continued funding of this program. r f er- Kane County Auto Theft Task Force Interagency Agreement May 17, 2002 Page 2 P/k----- FINANCIAL IMPACT The City acts as the fiscal agent for the Task Force and is advanced the grant funds for the year. The City then handles reimbursement of participating task force agencies and expenses through our normal accounts payable process. All funds are kept in a fund established for this purpose, Fund 251 . All revenues will be placed into account 251-0000-791 .30-06 . The budgeted amount is $386, 365 for 2002 and $398, 383 for 2003 . All of these funds will come from the granting authority. The police department will be providing the difference between a starting officers pay, which the grant reimbursement is based upon, and a top Elgin officer' s pay. This amounts to approximately $26, 000 each for the two Elgin officers or approximately $52, 000 total per year. Sufficient funds exist in account 010-2304-731 . 01- 01 for this expenditure. EGAL IMPACT None ALTERNATIVES 1 . The City may reject the requested extension of the agreement . 2 . The City may approve the requested extension of the agreement. RECOMMENDATION It is recommended that the City Council approve the third and fourth year of the agreement with the Illinois Motor Vehicle Theft Prevention Council . Respectfully submitted, (1>Z.T.!! -- Olufemi Fo -rin Interim City Man.•er JB/jb attachment 00P.