95-46 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 IT'S SUPPORTING PAPERWORK.
REFERENCE: RESOLUTION NO. 95-46
SUBJECT: AGREEMENT WITH THE ILLINOIS STATE POLICE,
COUNTY OF KANE, CITY OF AURORA AND ST. CHARLES
FOR THE KANE COUNTY AUTO THEFT TASK FORCE
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DUPLICATE
Resolution No. 95-46
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 George VanDeVoorde, 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 City of
St. Charles for the Kane County Auto Theft Task Force, a copy
of which is attached hereto and made a part hereof by
reference.
George VanDeVoorde, Mayor
Presented: March 8, 1995
Adopted:
Vote: Yeas Nays
Recorded:
Attest:
Dolonna Mecum, City Clerk
rm.
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Kane County Auto Theft Task Force
Intergovernmental Agreement
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The undersigned public agencies, charged with the duty of enforcing
the law and protecting their citizens from illegal activity
including vehicle related felony offenses, recognize that the
jurisdiction and authority of each is limited and that such
limitations are detrimental in combating crime within their
communities. 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 .
Each of them do enter into this Intergovernmental Agreement 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 :
r The Parties to this Agreement are: . The Illinois
State Police, the County of Kane on behalf of the
Kane County Sheriff and the Kane County State' s
Attorney, the City of Elgin, , a municipal
corporation, on behalf of the Elgin Police
Department, the City of Aurora on behalf of the
Aurora Police Department, and the City of St.
Charles on behalf of the St . Charles Police
Department.
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. ) .
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
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administration bf motor vehicle theft laws. The
eimm. • 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.
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 Illinois Motor Vehicle Theft
Prevention 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.
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 members 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 Illinois Motor
Vehicle Theft Prevention 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 Illinois Motor Vehicle Theft
Prevention 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
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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 laws, rules, and
regulations pertaining to equal opportunity and
anti-discriminations in employment, and further
agree to abide by the rules and regulations of the
Equal Employment Opportunity Commission (EEOC) and
the Illinois Commission on Human Rights .
Section 6 OBLIGATION OF PARTIES :
Each participating agency and unit of local
government will contribute personnel and equipment
to the KCAT as set forth below. All personnel
appointed to the KCAT shall continue to be
employees of the Party who has appointed the
employee to KCAT for payroll purposes . The
employees shall be compensated by the Party in
accordance with its regular procedures and will
remain subject to the Party' s rules and
regulations, as well as those established by the
Policy Board. Such compensation shall include, but
is not limited to, costs of wages, overtime,
injury, death and retirement benefits and
insurance. Each Party shall retain disciplinary
authority and jurisdiction over its employees
assigned to KCAT.
A. Illinois State Police:,
1) The Illinois State Police shall provide the
services of a sworn law enforcement officer as
to Project Director.
2) 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.
The State of Illinois, pursuant to 5 ILCS
350/1 et seq. , shall provide representation.
and indemnification to a Task Force officer,
who is an Inspector, while engaged in Task
Force 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 St. Charles
shall be severely liable for the errors, acts,
or omissions of their officers to the extent
otherwise required by law.
3) Upon termination of a sworn officer' s
affiliation with KCAT or upon dissolution of
KCAT, any credentials or equipment supplied by
the Illinois State Police or KCAT to any KCAT
officer must be surrendered to KCAT or the
Illinois State Police.
B. Participating Municipalities/ Public Agencies :
The participating municipalities/public agencies
shall each provide the services of at least one
sworn law enforcement officer, equipment, cash, 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
3.45/1) for personal injuries to its employees while
engaged in KCAT activities .
Section 7 . VEHICLES/INSURANCE:
A. Vehicles will be provided to the KCAT personnel by
rthe insurance industry pursuant to the terms and
conditions of a contractual agreement executed
between the individual company and a party in this
agreement . 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 Task Force personnel for non-law enforcement
activities .
B. 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. 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. Additionally, each
participating agency will insure their particular
employee (s) while driving any KCAT vehicle.
Section 8 . OPERATIONAL PROCEDURES:
tommk 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
supervision;
4 . Will review, analyze, document and approve use
of Official Advanced Funds in accordance with
ISP reporting practices and directives;
5 . . Is responsible for overtime approval; and •
6 . Is responsible for apprising the Policy Board
of KCAT operations and for providing required
activity reports.
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 .
Section 9 . OTHER OPERATIONAL CONSIDERATIONS:
A.Report Writing:
The ISP reporting system shall be generally
utilized to document enforcement activities
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 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:
ISP directives concerning utilization of Official
Advanced Funds shall be followed.
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 Task Force policies and/or rules
of procedure;- and/or
4. Conduct which may tend to reflect unfavorably
emmk 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 Task Force
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officer, the following procedures will be
initiated:
1 . If the complaint is of a minor nature, the
inquiry may be conducted by the Task Force
supervisor or respective agency head;
2 . If the complaint is of a major or criminal
nature, the Task Force 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
Task Force 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.
Section 11 PAYMENT
Pursuant to the agreement between the Illinois
Motor Vehicle Theft Prevention Council and the
grantee, each Party' s costs for personnel and
benefits related to its participation in the
Task Force will be reimbursed to the extent
and in the amount indicated in the Illinois
Motor Vehicle Theft Trust Fund Grant. 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
shall commence on July 1 each year and
terminate on June 30 of the succeeding year.
(Pk
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 Agreement between the Illinois Motor
Vehicle Theft Prevention 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 Illinois
Motor Vehicle Trust Fund Agreement .
Section 14 EFFECTIVE DATE:
This revised agreement 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:
Authorized signatory for
the State of Illinois
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Date:
Warren Kammerer, Jr.
Chairman, Kane County Board
Date:
John Randall
Sheriff, Kane County
Date:
David Akemann
State' s Attorney, Kane County
fek
Section 14 EFFECTIVE DATE:
This revised agreement 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:
George Vandevoorde
row. Mayor, City of Elgin
r
Section 14 EFFECTIVE DATE:
This revised agreement 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.
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Date:
David L. Pierce
rok Mayor, City of Aurora
rimb.
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4
rft.
Section 14 EFFECTIVE DATE:
This revised agreement 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.
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Date:
Fred T.L. Norris
Mayor, City of St. Charles
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;% = Agenda Item No.
1:::
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February 17, 1995
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Approval of Auto Theft Task Force
Grant and Agreement
PURPOSE
The purpose of this memorandum is to seek approval for renew-
al of the Kane County Auto Theft Task Force Grant and approve
the interagency agreement between participating agencies .
BACKGROUND
r The City of Elgin has acted as a clearinghouse for this grant
from the Illinois Motor Vehicle Theft Prevention Council for
the last year. This request is for the renewal of this agree-
ment for an additional year and extension of the interagency
agreement between the participating agencies.
This is the fourth year of the grant whereby the Illinois
Auto Theft Council, an insurance company funded agency, pro-
vides funding targeting the reduction of vehicle thefts in
Kane County. This is also the fourth year of cooperation
between the Illinois State Police, the Kane County Sheriff,
the Kane County State's Attorney's office, the Aurora Police
Department, the St. Charles Police Department and the Elgin
Police Department in the Kane County Auto Theft Task Force.
The Kane County Auto Theft Task Force was recently audited
for effectiveness and viability by the Northwest Traffic
Institute hired by the Auto Theft Council. The Kane County
Auto Theft Task Force was found to very effective and well
run. As a result of this audit and review by the Auto Theft
Council, the funding for this task force was nearly doubled
for the coming year. The increased funding allows for addi-
tional staffing from other departments.
The Kane County Auto Theft Task Force works throughout Kane
County on the problem of auto theft. The Task Force has
filik recently assisted the Elgin Police with a rash of gang relat-
ed vehicle thefts with all six of the vehicles that were
stolen in Elgin being recovered and the responsible parties
charged. This is typical of the cooperation enjoyed with the
Task Force.
Auto Theft Task Force Grant
February 17, 1995
Page 2
FINANCIAL IMPACT
The financial impact to the City for administering the grant
amounts to the time spent by city staff processing payments,
overseeing this program and assisting in the annual audit
process . $33,000 is budgeted in account #010-2305-534.06-00
and intended to cover the cost of one officer's salary and
benefits. Additionally, as the implementing authority for
the program, all revenue and expenses of the Kane County Auto
Theft Task Force program will be processed through the City's
accounting system. A breakdown of the 1995 budget for the
Task Force can be found in Fund 251 - Auto Theft Task Force
Fund. Due to the increase in funding, the 1995 budget will
need to be amended.
LEGAL IMPACT
None.
RECOMMENDATION
It is recommended that these agreements be accepted as pro-
fposed.
Respectfully submitted,
1024
Charles A. Gruber
Chief of Police
Richard B. Helwig
City Manager
JB/jb
r
ILLINOIS
MOTOR VEHICLE
PREVENTION
COUNCH, January 10, 1995
M/Sgt. Jose Martinez
THEFT Program Director
Illinois/ Kane County Auto Theft Task Force
718 North Highland Street
ISO 9ovm RIVERSIDE PLAZA Aurora, Illinois 60506
CHICAGO,ILLINOIS
/0/06-3997
(332)793-8550 Dear Sgt. Martinez:
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79344122
Enclosed you will fmd Award Agreement MV 95-011 between the Council
Mr Edgar,Gnaw and the City of Elgin on behalf of the Elgin Police Department for implementation of
the program, which has been developed pursuant to the Council's Rules for the Award
and Monitoring of Trust Funds. You will also fmd enclosed a Fiscal Information
Sheet and an Initial Cash Request for the program.
Terrance W.Gahm,Maintain The agreement should be dated, signed by the appropriate officials and
Illinois stare Police
returned to me. A copy of the fully executed agreement will be returned for your
Eleven R.Allmda{ files. Also at that time, other necessary forms and instructions will be forwarded.
Jo Davies:County Sher
The Fiscal Information Sheet must be completed and returned prior to the
Joseph A.Lendoiti release of Trust Funds to the program. The Initial Cash Request should be completed
per National Insurance Campanian
if the program requires funds for "start-up" costs, such as equipment purchases which
Poal A.Lod► will take place immediately, and personnel costs for the first two months of the
Winnebago County States Attorney program.
"dam J.Mes+is We look forward to working with you and the Elgin Police Department in the
sot not a Company
implementation of this important program. Do not hesitate to contact me should you
Jack O'Malley have any questions regarding this matter.
Cook County State's Attorney
Jay PuodoeN
Auaatelnsurancr Since lap,,
Mad L.Rodrigues
Chicago Police Srperintaident ichard V. Novak
Program Monitor
George IR.Ryao
Illinois Secretary of Stare
Enclosure
Jams Sdureht
Illinois Director t/Insurance cc: Chairman Gainer
Arm Thomas F. Baker
State Farm,Ice unm t Companies Candice M. Kane, Ph.D.
Gerard F. Ramker, Ph.D.
Charles A. Gruber
James R. Nowicki
r MV 95-011 y:4vuN ane9S\950I I.Iu
'Thomas F.Baker
Illinois Criminal lastior
Information Atahority
ADMINISTERED BY THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY
funds provided by motor vehicle insurers
primed vet recycled paper
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