01-235 Resolution No. 01-235
RESOLUTION
AUTHORIZING EXECUTION OF A VEHICLE USE AGREEMENT WITH
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby
authorized and directed to execute a Vehicle Use Agreement on
behalf of the City of Elgin with State Farm Mutual Automobile
Insurance Company for the use of a 1992 Chevrolet Suburban by an
Elgin police officer assigned to the Kane County Auto Task Force,
a copy of which is attached hereto and made a part hereof by
reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: August 22 , 2001
Adopted: August 22 , 2001
Omnibus Vote : Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
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KANE COUNTY II • PO4CF •
` '` AUTO THEFT TASK FORCE Tel
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MEMORANDUM
TO: Deputy Chief James Burns
Elgin Police Department
FROM: M/Sgt. Steve Emberton
Director, KCAT
DATE: September 26, 2001
RE: Signed Vehicle Use Agreement for 1992 Chevrolet Suburban
Attached is an original copy of the Vehicle Use Agreement for the 1992 Chevrolet Suburban that
is being used by Elgin Police Office Emmet Moneyhun as his assigned squad. This agreement has
been signed by the appropriate representative of the State Farm Insurance Company. As you
requested,this original signed copy is being forwarded to you for your agency/city's records.
If you have any questions concerning the above, please contact me at 847/608-3244.
Attachment
bcc Chief William Miller
Elgin Police Department
Kane County Auto Theft Task Force
595 South State Street O Elgin,Illinois 60123
(847)608-3244 0 FAX: (847)608-3246
To: SOVt,` 0 ,p), Director Date: 7-- 29 -o)
From: Charles E. Gray
Special Projects Coordinator
SSA T IN/NICB
PO Box 617
Mi .lo,,hian, Ii 60445
Re: Original signed copy of use agreement(s).
Dear Director -
Attached, for your records, is an original signed copy of the use
agreement(s) for the vehicle(s) on loan to your task force.
Sincerely,
Charles E. Gray
CC: Rich Novak
IMVTPC •
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VEHICLE USE AGREEMENT
This agreement is hereby made and entered into this day of , 200A.by and
between the City of Elgin, a municipal corporation, hereinafter referred t as "Borrower," and the
State Farm Mutual Automobile Insurance Company, an Illinois corporation,hereinafter referred to
as "Lender."
Purpose
The purpose of this agreement is to assist the parties to this agreement in implementing the Illinois
Motor Vehicle Theft Prevention Act(20 ILCS 4005/1,et.seq.),hereinafter referred to as"the Act,"
by providing for the loan and exclusive use of motor vehicles in programs funded by the Illinois
Motor Vehicle Theft Prevention Council, hereinafter referred to as the"IMVTPC."
Whereas, the Act, establishes the IMVTPC to "prevent, combat and reduce motor vehicle theft in
Illinois; and to improve and support motor vehicle theft law enforcement, prosecution and
administration of motor vehicle theft laws by establishing statewide planning capabilities for and
coordination of financial resources;" and
Whereas, the Act created a special fund in the State Treasury known as the Motor Vehicle Theft
Prevention Trust Fund into which insurance companies doing business in Illinois contribute monies
and which is administered by the Executive Director of the Authority; and
Whereas, pursuant to the Act, the IMVTPC named the following program areas as the focus of the
Statewide Motor Vehicle Theft Prevention Strategy for calendar years 2000-20003:
1. Law enforcement, with special emphasis on multi jurisdictional task forces;
2. The infrastructure supporting law enforcement;
3. Public awareness;
4. Evaluation and research;
5. Innovative programs; and
Whereas, the Kane County Auto Theft Task Force, hereinafter referred to as "KCAT,"•is a multi
jurisdictional auto theft task force that is funded by the IMVTPC, and
Whereas, the City of Elgin,through its police department, is a participating member of KCAT and
currently supplies KCAT with sworn law enforcement personnel who are dedicated to performing
the program functions of KCAT, and
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Whereas, various insurance companies that are doing business in Illinois have agreed to further
support the program areas that are the focus of the Statewide Motor Vehicle Theft Prevention
Strategy by supplying,as needed,recovered stolen vehicles for use by IMVTPC-funded programs.
Insurance company-supplied vehicles help to conserve Motor Vehicle Theft Prevention Trust Fund
monies for program implementation by eliminating the cost to theses programs that would otherwise
be necessary for the purchase and/or leasing of motor vehicles for use by program personnel.
Whereas, State Farm Mutual Automobile Insurance Company (Lender) has agreed to provide the
City of Elgin (Borrower) with a recovered stolen vehicle(s) for use by an Elgin Police Department
officer who is assigned to KCAT.
Section 1. Description of Vehicle(s)
The Lender agrees to provide the Borrower the following vehicle(s), for the purposes of this
agreement:
Description of Vehicle(s)
1. 1992 Chevrolet Suburban, VIN: 1GNEC16K1NJ341475
Claim# L)3'R31-9'713 IAA Stock# 74
Section 2. Financial Responsibility
The Borrower shall indemnify Lender from and against any damage incurred to said vehicle(s),
specifically excluding attorney's fees and court costs, during the term of this agreement and until
return of the vehicle(s) to the possession and control of the Lender. The Borrower shall provide
liability insurance coverage,or self-insurance coverage(if applicable),in the amount required by law
for each of the vehicle(s).
Section 3. Term of Use
The term of use of the vehicle(s)shall commence January 1,2001 and terminate December 31,2001.
The Lender may grant an extension in the use of the vehicle(s)beyond this period only by executing
another Vehicle Use Agreement.
Section 4. Vehicle Maintenance
The Borrower agrees to expend all necessary funds to properly maintain and operate the vehicle(s)
in the same condition as when received except for ordinary wear, tear and mileage.
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Section 5. Restriction on Usage of Vehicle(s)
The Borrower agrees that under no circumstances shall the vehicle(s) be (a) used for non-official
purposes including, but not limited to: personal business, leaves, vacations, or similar purposes; or
(b) purchased by any agency associated with or personnel assigned to the funded program.
Section 6. Borrower Liability
The Borrower shall hold Lender,the National Insurance Crime Bureau and the Illinois Motor Vehicle
Theft Prevention Council (State of Illinois) harmless from and against any and all claims, suits or
demands arising out of or in connection with the Borrower's use of the vehicles(s) which are the
subject of this agreement and which are incurred during Borrower's possession and control of such
vehicles and prior to Borrower's return of such vehicles, specifically excluding attorney's fees and
court costs.
Section 7. Return of Vehicle(s)
The Borrower agrees not to sell,convey,or in any way dispose of the vehicle(s) during the term of
this agreement.The Borrower agrees to return the vehicle(s) to the Lender at a location designated
by the Lender in the same condition as when received except for ordinary wear, tear and mileage.
Upon return of the vehicle(s)to the Lender,Borrower agrees to provide as clear a title(if applicable)
as received from Lender, free of all encumbrances.
Section 8. Termination
This agreement may be terminated by either party upon 30-day written notice provided to the other
party,the National Insurance Crime Bureau and the Illinois Motor Vehicle Theft Prevention Council.
Section 9. Severable Terms
The terms of this agreement shall be severable. In the event any of the terms or provisions of this
agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this
agreement shall remain in full force and effect.
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Section 10. No Joint Agency Relationship Created
This agreement shall not be construed so as to create a joint venture, employment, partnership or
other agency relationship between the parties hereto.
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Section 11. Choice of Law/Appropriate Forum
This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the
enforcement of any rights and the resolution of any disputes arising out of,or in connection with,the
provisions or performance of this agreement shall be in the Circuit Court of Kane County,Illinois.
Section 12. Acceptance
The terms of this agreement are hereby accepted and executed by the proper officers and/or officials
of the parties hereto:
LENDER BORROWER- DEPARTMENT
J o i✓t H a r r S Joyce A. Parker
(Print Name) (Print Name) .
eki 1 72 . 92444.-/-
(Signature) 1 (Signature)
S77Te "en/ S-Z-U -
C/td.' rr.� City Manager
OFFICIAL, TILE OFFICIAL,TITLE
S etT. / 7 .21,07 akk-r-Q,C 3_ 0l ,9_0 o )
DATE DATE
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i Agenda Item No.¢ City of Elgin' 0
egmak�RliEDFE� E �.1I
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July 6, 2001
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TO: Mayor and Members of the City Council ' �?
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FROM: Joyce A. Parker, City Manager
SAFE COMMUNITY
SUBJECT: Kane County Auto Theft Task Force
Vehicle Use Agreement
PURPOSE
The purpose of this memorandum is to give the Mayor and the members
of the City Council information to consider entering into an
agreement with the State Farm Mutual Automobile Insurance Company
for the use of a vehicle by an Elgin police officer assigned to the
Kane County Auto Theft Task Force .
BACKGROUND
The City of Elgin has participated in the Kane County Auto Theft
Task force since 1992 . Two Elgin detectives are assigned to the
task force and fully funded through a grant with the Illinois Motor
Vehicle Theft Prevention Council . The City of Elgin acts as the
administrator of this grant in cooperation with the Illinois
Criminal Justice Information Authority. As a provision of this
agreement, various insurance companies provide stolen/recovered
vehicles for use by the Task Force members . Currently, one vehicle
owned by the State Farm Mutual Automobile Insurance Company has
been designated for use by an Elgin Police officer assigned to this
task force.
Attached is an agreement covering the use of_this vehicle by an
Elgin officer. The vehicle, a 1992 Chevy Suburban, is supplied at
no charge. The City will be responsible for routine maintenance,
insurance and fuel .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
Alk,/
FINANCIAL IMPACT
The cost for providing routine maintenance, insurance and fuel is
estimated at $1, 000 and can be accommodated within the Police
Department' s 2001 budget .
Kane County Auto Theft Task Force
July 6, 2001
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\v Imo.EGAL IMPACT
None .
ALTERNATIVES
The City may choose not to enter into this agreement and the
insurance company will not supply a vehicle for our use .
RECOMMENDATION
It is recommended that the City Council approve this agreement as
attached.
Respectfully submitted,
Joyce A. Parker
City Manager
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