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HomeMy WebLinkAbout04-7 JULY, 2007 IN REVIEWING THIS FILE, IT WAS DETERMINED THAT AN EXECUTED COPY OF THE AGREEMENT LISTED BELOW WAS NEVER RETURNED TO THE CLERK'S OFFICE. ALL THAT IS AVAILABLE IS THE ATTACHED DRAFT COPY OF THE AGREEMENT AND ITS SUPPORTING PAPERWORK. REFERENCE: RESOLUTION NO. 04-7 PASSED: JANUARY 28, 2004 SUBJECT: AGREEMENT WITH THE ILLINOIS MOTOR VEHICLE THEFT PREVENTION COUNCIL FOR THE KANE COUNTY AUTO THEFT TASK FORCE. SPEED MESSAGE TO -, FROM , --'' , . SUBJECT DATE i') ''''' • , .4--l-- ' f,-- ,.' : - „ '., _.,...? -,- „. , ' va = ' ' r5 ,'•'.., — 5:5-s p C .5i ) , ,I',A-'15-7 • 5 1‘'' ' (-1 - ,.... i ._- . ,•i 4" / ti - . ,-2:',/,, r 7'f, , A'',-.; ,„', ,;::- - ;- (,-2; f' „ff."-.. •_..1 .. . , , 7 ., , 1-,t, ,...r . , a , 1 0 , ,-_ _, j. ^- . , , - c--'' ,■ • ,- : , , e.,,' , •-'-'" SIGNED WilsonJones® WHITE-ORIGINAL CANARY-DUPLICATE 44-900-Duplicate Resolution No. 04-7 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 David M. Dorgan, 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 for the period 2004 through 2007, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: January 28, 2004 Adopted: January 28, 2004 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk OF Ft City of Elgin Agenda Item No. IrEn—7 L January 9, 2004 G TO: Mayor and Members of the City Council N FROM: David M. Dorgan, City Manager f SAFE CG7MMl_INITY James J Burns, Deputy Chief of Police SUBJECT: Renewal of Kane County Auto Theft Taskforce Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider renewal of the Kane County Auto Theft Task Force Grant and approve the interagency agreement between participating agencies from 2004 through 2007 . RECOMMENDATION It is recommended that the City accept the grant from the Illinois Motor Vehicle Theft Prevention Council . BACKGROUND The City of Elgin has acted as a clearinghouse for the subject grant from the Illinois Vehicle Theft Prevention Council (IMVTPC) since 1991 . The request is for the renewal of this agreement for an additional four years between the participating agencies . The Kane County Auto Theft Task Force works throughout Kane County and the surrounding area, focusing on the problem of auto theft, especially as it relates to gangs and drugs. The Task Force had been successful in uncovering and prosecuting large theft rings that operate between the suburbs and Kane County. Through December 2003, 56 suspects were arrested by the Task Force for offenses related to auto theft and 80 vehicles were recovered worth an estimated $1, 000, 000 . The Task Force also handles the investigation of all stolen auto complaints within the City of Elgin. The Illinois Auto Theft Council, an insurance company-funded agency, has provided grant funding for the last eleven years, targeting the reduction of vehicle theft in Kane County and the . . r Renewal of the Kane County Auto Theft Taskforce Agreement 2004/7 January 9, 2004 Page 2 surrounding area. It is also the eleventh year of cooperation between the Illinois State Police, Kane County Sheriff, Kane County State' s Attorney' s office, Aurora Police and the Elgin Police Department in the Kane County Auto Theft Task Force . The Elgin Police Department has two officers assigned to the Task Force . The Grant reimburses the City based on an Elgin police officer' s starting salary and benefits . Any amount paid to the officers above the starting salary will be borne by the City of Elgin. The insurance industry provides vehicles for use by the members of the Task Force. The agencies involved are responsible for insuring the vehicles, routine maintenance, and fuel costs . The Kane County Auto Theft Task Force Agreement has been offered for renewal for the years 2003 through 2007 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Illinois Motor Vehicle Theft Prevention Council . kFINANCIAL IMPACT LThere are sufficient funds budgeted and available in the Auto Theft Task Force Fund (Fund Number 220) . Disbursement from this account is done through the normal accounts payable process . The total grant for 2004 is $407, 608 . 00 . Although this agreement is for three years, the Auto Theft Council , as well as the City, must meet and allocate funds every year. Should sufficient funds not be allocated or budgeted, the program will cease. Agreements approving the budget only, will be brought forward to the City Council in 2005 and 2006 . The City' s financial obligation is the difference between a new officer' s salary/benefits and the salary/benefits of the officer assigned to the task force- as much as $20, 000 depending upon his/her seniority. LEGpZ IMPACT 0 None . emw ....................... Renewal of the Kane County Auto Theft Taskforce Agreement 2004/7 January 9, 2004 Page 3 ALTERNATIVES 1 . The City may chose to not accept this grant or act as the fiscal agent for this grant and lose the funding for the two officer positions . 2 . The City may choose not to accept the grant and take on investigations of stolen autos in the City of Elgin on our own. Respectfully submitted for Council consideration. jjb eft. Resolution No. 04-7 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 David M. Dorgan,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 for the period 2004 through 2007,a copy of which is attached hereto and made a part hereof by reference. Ed Schock, Mayor Presented: January 28, 2004 Adopted: Vote: Yeas Nays Recorded: Attest: (Pik Dolonna Mecum, City Clerk rk ILLINOIS MOTOR VEHICLE THEFT PREVENTION COUNCIL AWARD AGREEMENT DATA SHEET Program Budget Year 2004 AWARD AGREEMENT NO. MV#04-011 PREVIOUS/RELATED AGREEMENT(S): MV#93-011,MV#94-011,MV#95-011,MV96-011,MV97-011, MV98-011,MV99-011,MV#00-011,MV 01-011,MV 02-011, MV 03-011 PROGRAM NAME: Kane-Cook Auto Theft Task Force IMPLEMENTING ENTITY: City of Elgin on behalf of the Elgin Police Department IRS TAX IDENTIFICATION NUMBER: 36-6005862 AUTHORIZED OFFICIAL: William Miller TITLE: Chief of Police TELEPHONE: (847)931-6000 FAX: (847)931-6028 41111) PROGRAM FINANCIAL OFFICER: James Nowicki TITLE: Financial Director TELEPHONE: (847)931-5626 FAX: PROGRAM DIRECTOR/CONTACT PERSON M/Sgt.Steve Emberton TITLE: Illinois State Police TELEPHONE: (847)608-3244 FAX: FAX(847)608-3246 E-Mail: emberts@isp.stateil.us START DATE: January 1,2004 END DATE: December 31,2004 PROGRAM FUNDING: Motor Vehicle Trust Funds: $407,608.00 Other Funds (optional): TOTAL PROGRAM FUNDING: $407,608.00 NUMBER&DATES OF AMENDMENTS 11) LAST REVISED Award Agreement MV 04-011 Kane County Auto Theft Task Force December 15,2003 ILLINOIS MOTOR VEHICLE THEFT ti• '•,•r,. PREVENTION COUNCIL 74■0-1-\ Award Agreement #04-011 THEFT l�<�.i�= Illinois Kane-Cook 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-Cook 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 2004-2007: 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#04-011 Kane County Auto Theft Task Force December 15,2003 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 1,2004 and expires on December 31, 2005,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 4111) 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 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#04-011 Kane County Auto Theft Task Force December 15,2003 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 fmal fmancial 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 1,2004 through December 31,2004 is$407,608.The maximum amount of Trust Funds payable under this agreement for the period of January 1,2005 through December 31,2005 is$407,608.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. aikMonthly fiscal reports and program performance reports are due on or before the fifteenth of the following month. Award Agreement MV#04-011 Kane County Auto Theft Task Force December 15,2003 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. 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. The Implementing Entity is required to develop and maintain a record-keeping system to document all agreement 411) related activities and expenditures paid by Trust Funds. These records will act as the original source material for Award Agreement MV#04-011 Kane County Auto Theft Task Force December 15,2003 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 1,2005,the Implementing Agency must submit,in the form and manner required by the Council, a fmancial 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); The rules of the Motor Vehicle Theft Prevention Council; Award Agreement MV#04-011 Kane County Auto Theft Task Force December 15,2003 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) u) Award Agreement MV#04-011 Kane County Auto Theft Task Force December 15,2003 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. DISCLOSURE OF SOLICITATION FOR EMPLOYMENT 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 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 (720 ILCS 5/33E-3 or 720 ILCS 5/33E-4). 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$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 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. Award Agreement MV#04-011 Kane County Auto Theft Task Force December 15,2003 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 °111) 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). SECTION 26. 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 411) entity for five years after the final disposition of the property. Award Agreement MV#04-011 Kane County Auto Theft Task Force December 15,2003 SECTION 27. 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 28. 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,enter the owner's name followed by the name of the business and the owner's SSN.For all other entities,enter the name of the entity as used to apply for the entity's Employer Identification Number(EIN)and the EIN. NAME City of Elgin ej _ Individual _X_ Government Entity LEGAL STATUS — Owner of sole proprietorship _ Nonresident alien individual (check O°`l Partnership — Estate or legal trust Foreign corporation,partnership,estate, or trust Tax-exempt hospital or extended care facility — Corporation providing or billing medical 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): SECTION 29. 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 30. INTEGRATION This document and the exhibits,amendments, and items incorporated by reference constitute the entire agreement ark 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 ■ Award Agreement MV#04-011 Kane County Auto Theft Task Force December 15,2003 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 31. 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 32. 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 411) 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; 4111) (2) the grantee's or contractor's policy of maintaining a drug free workplace; • Award Agreement MV#04-011 Kane County Auto Theft Task Force December 15,2003 (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 33. 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 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 elk 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: Award Agreement MV#04-011 Kane County Auto Theft Task Force December 15,2003 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 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. I Award Agreement MV#04-011 Kane County Auto Theft Task Force December 15,2003 SECTION 34.ACCEPTANCE The terms of this award agreement are hereby accepted and executed by the proper officers and officials of the parties hereto: David Dorgan,City Manager Date City of Elgin William Miller,Chief of Police Date City of Elgin James R.Nowicki,Fiscal Services Manager Date City of Elgin Lori G.Levin,Executive Director Date Illinois Criminal Justice Information Authority October 31,2001