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99-55 • SPEED MESSAGE . . . , .. . TO FROM - . _... SUBJECT 4 '' / /2 Z--7•••1 ri-, • ii/r,.."i '';' '- ...--/•-, A._?;--.."€;,,- .-e.-C--, .` ,171.4-1----t,.;'. . DATE / ; ,. ,.„,.- c•., c.., -'. \ '`-`'` ''''''' ' 1 / 4 vi 0 e , i • - . ..,..,e' ,•;- , /‘ , ., i : 1 A (4.-- c ,' t)--, „ •'.I,.. '(.. .g 1 / ..4 -„-.0.-- en • /1 .1,:..,„. .../ .,.,.?. ( - ,1 ,...e .. -•C ,, -..-_r/-1-c-- 1 CI...?( 0 . k ,..,' ..{I) .' 1 r , 2 , I -e SIGNED . , IN WilsonJonese WHITE—ORIGINAL CANARY—DUPLICATE 44-900 • .Duplicate Resolution No. 99-55 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS MOTOR VEHICLE THEFT PREVENTION COUNCIL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby authorized and directed to execute an agreement with the Illinois Motor Vehicle Theft Prevention Council, on behalf of the City of Elgin for the Kane County Auto Theft Task Force, a copy of which is attached hereto and made a part hereof by reference. Kevin Kelly, Mayor Presented: February 24, 1999 Adopted: Vote: Yeas Nays Recorded: Attest: eft- Dolonna Mecum, City Clerk rft. Award Agreement MV#99-011 Kane County Auto Theft Task Force October 9,1998 7. Building a strong infrastructure to support law enforcement efforts including public education and awareness activities; 8. Improving the collection,analysis,and sharing of statistical data and criminal intelligence information; 9. Evaluating the effectiveness of funded programs; 10. Supporting research aimed at identifying the various motivations for vehicle theft and the relative portion each represents of the total problem; 11. Planning and implementing creative and innovative approaches to stemming motor vehicle theft; 12. Ensuring a balanced approach to motor vehicle theft law enforcement to avoid overloading any component of the criminal justice system; 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: SECTION 1. DEFINITIONS Act - the Illinois Motor Vehicle Theft Prevention Act(20 ILLS 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, 1999 and expires on December 31, 1999,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 jpik 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. 2 Award Agreement MV#99-011 Kane County Auto Theft Task Force October 9,1998 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. 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 commis±ed 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. ellak 4 Award Agreement MV#99-011 Kane County Auto Theft Task Force October 9,1998 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 ILLS 2630); The State Comptroller Act,(15 ILCS 405); The rules of the Motor Vehicle Theft Prevention Council; The guidelines and rules of the Department of State Police regarding intelligence information, specifically the Illinois Law Enforcement Intelligence Network(ILEIN); - 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: t - Title VII of the Civil Rights Act of 1964; 6 Award Agreement MV#99-011 Kane County Auto Theft Task Force October 9,1998 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$1,000 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 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. 8 • • Award Agreement MV#99-011 Kane County Auto Theft Task Force October 9,1998 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: 1NSTRUCfICNS 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 _ Individual X Government Entity LEGAL STATUS _ Owner of sole proprietorship _ Nonresident alien individual (cheek one) Partnership _ Estate or legal trust Tax-exempt hospital or extended care _ Foreign corporation,partnership,estate, facility or trust Corporation providing or billing medical _ Other. and/or health care services Corporation NOT providing or billing medical and/or health care services TAXPAYER IDENTIFICATION NUMBER Social Security No.(SSN): OR Employer Identification No.(EIN): 36-6005862 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,a-id 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 rAfany term or provision of this agreement is held invalid,unenforceable,voidable or void,that term or provision 10 Award Agreement MV#99-011 Kane County Auto Theft Task Force October 9,1998 (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 F 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 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; 12 • • • Award Agreement MV#99-011 Kane County Auto Theft Task Force October 9, 1 998 SECTION 35. ACCEPTANCE The terms of this award agreement are hereby accepted and executed by the proper officers and officials of the parties hereto: oyce Parker,City Manager Date City of Elgin • Charles A. Gruber,Chief of Police Date City of Elgin James R.Nowicki,Fiscal Services Manager Date Cit I Elgin >� 1rbr Dav!:/1 -77",State's Attorney Date County of Kane Gene P. Marlin,Chairman Date Illinois Motor Vehicle Theft Prevention Council Candice M. Kane,Acting Executive Director Date Illinois Criminal Justice Information Authority October 9,1998 99011.doc 14 / City of Elgin Agenda Item No. N ) ► viu ,,�A TE D C��' February 4, 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Renewal of Kane County Auto Theft Task Force Grant and 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. BACKGROUND The City of Elgin has acted as a clearinghouse for the subject em. grant from the Illinois Motor Vehicle Theft Prevention Council (IMVTPC) since 1991 . The request is for the renewal of this agreement for an additional year and extension of the interagency agreement between the participating agencies . The Kane County Auto Theft Task Force works throughout Kane County focusing on gang involvement in the auto theft problem and is involved in direct interdiction and intelligence gathering in this area. The Task Force has been successful throughout Kane County, especially within the City of Elgin. Recently, major cases have been made against local gang members who have been stealing large numbers of autos from area car dealers . The Task Force has also mounted am extensive public awareness campaign about autos stolen when left running unattended in the local media. The Illinois Auto Theft Council, an insurance company-funded agency, has provided grant funding for the last seven years, targeting the reduction of vehicle thefts in Kane County. It is also the seventh year of cooperation between the Illinois State Police, Kane County Sheriff, Kane County State ' s Attor- ney' s office, Aurora Police Department and Elgin Police Department in the Kane County Auto Theft Task Force . The insurance industry provides vehicles for use by members of the Task Force . The City is responsible for insuring the vehicles and routine maintenance and fuel costs . The Kane County Auto em. Theft Task Force grant will be renewed for 1999 . Auto Theft Task Force Grant February 4, 1999 '` Page 2 C FINANCIAL IMPACT The budget totals $612 , 660, of which $352, 187 is supplied by the IMVTPC. The remaining $260, 473 are matching funds from the four other agencies participating in the Auto Theft Task Force. The City' s share is $36, 848 which is budgeted in account number 010-2305-534 . 06-00 (Police Services Auto Theft Program) and covers 29 percent of two officers ' salaries and benefits, plus costs for insuring the vehicles and fuel, estimated at $3 , 000 per year. As the implementing authority for the program, all revenue and expenses of the Kane County Auto Theft Task Force program would be processed through the City' s accounting system and would entail paying all bills, depositing grant receipts and assisting in the annual audit . A breakdown of the 1999 budget for the Task Force can be found in Fund 251 - Auto Theft Task Force Fund. Other agencies matching costs for personnel are : Illinois State Police = $87, 095, Aurora Police Department = $20 , 170, Kane County Sheriff = $35, 638 and the Kane County State ' s Attorney' s Office = $12, 971 . The remaining balance of $67, 751 reflects credits for services supplied by the various agen- cies through office space, telephone use, vehicle mainte- nance, etc . and is detailed in the specific costs areas . LEGAL IMPACT None . ALTERNATIVES Discontinue participating as a member and as a conduit for the grant funds . RECOMMENDATION It is recommended that grant extension and interagency agree- ments be accepted as proposed. R- .ectfully submi ed, J Q.� J4 le Parker' Ci y Manager JB/jb Attachment low • ILLINOIS • MOTOR VEHICLE THEFT •a, PREVENTION COUNCIL .��i\ THEFT October 27, 1998 `IIit10iS/ M/Sgt. Steve Emberton Program Director 120 South Riverside Plaza Kane County Auto Theft Task Force Chicago,Illinois 60606-3997 P.O. Box 995 Phone: (812)7988660 Aurora, Fa=(312)793-8422 a,Illinois 60506 TDD:(812)793-4170 Re: Kane County Auto Theft Task Force MV99-011 Jim Edgar,Governor Dear M/Sgt. Emberton: At its meeting on September 9, 1998 the Illinois Motor Vehicle Theft Prevention Council approved an allocation of$352,187.00 for the continuation of Gent P.Marlin,Chairman the Kane County Auto Theft Task Force Program through December 31 Illinois Slate Police 31, 1999. Ronald R Brown Enclosed you will find Award Agreement MV#99-011 between the State Farm Insurance Companies Council and the City of Elgin on behalf of the Police Department for implementation of the program,which has been developed pursuant to the Richard A Devine Council's Rules for the Award and Monitoring of Trust Funds. You will also find Cook County State's Attorney enclosed a Fiscal Information Sheet and an Initial Cash Request for the program. John W.Harris The agreement should be dated,signed by the appropriate officials and hie/Springfield Police Department returned to me. A copy of the fully executed agreement will be returned for your files. Also,at that time,other necessary forms and instructions will be Paul A.Logli forwarded. Winnebago County State's Attorney The Fiscal Information Sheet must be completed and returned prior to Jay Puccinelli the release of Trust Funds to the program. The Initial Cash Request should be Allstate Insurance Companies completed if the program requires funds for"start-up"costs,such as personnel costs for the first two months of the program. A request for the disbursement of Terry G.Hillard funds remaining from MV#98-011 against agreement MV#99-011 must be Chicago Police Superintendent made in writing. George H.Ryan We look forward to working with you and the City of Elgin in the Illinois Secretary of State implementation of this important program. Do not hesitate to contact me should you have any questions regarding this matter. Donald L.Sauzek Country Companies Ve trul yours, / Richard V.Novak Candice M.Kane,Ph.D. Program Monitor Acting Executive Director Illinois Criminal Justice Information Authority Enclosures cc: Chairman Marlin Candice Kane,Ph.D. MV#99-011 "A working partnership of the public and private sectors fighting vehicle theft in.Illinois"