02-131 Resolution No. 02-131
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 Olufemi Folarin, Interim 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
for the period January 1, 2002 to December 31, 2002 , a copy of
which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 10, 2002
Adopted: April 10 , 2002
Omnibus Vote : Yeas : 6 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
VEHICLE USE AGREEMENT
This agreement is hereby made and entered into this 1st day of January, 2002 by and between the
City of Elgin, a municipal corporation, hereinafter referred to 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# IAA Stock#
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 1,2002 and terminate December 31,2002.
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.
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
1 1 (�� J l Ge � CITY OF ELGIN
(Print Name) (Print Name)
410 ■..
(Signature) (Signa e)
Vi/( ---4 pW tie/ '' : 1 Interim City Manager
OFFICIAL, TITLE OFFICIAL,TITLE
572-I/°Z
DATE DATE
Page 4 of 4
OFE
U� (Ci
'�'� City of Elgin
Agenda Item No.
erk
March 22 , 2002
G
TO: Mayor and Members of the City Council f
N
FROM: Olufemi Folarin, Interim 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 renewing 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 for an additional year.
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 funded through a grant with the Illinois Motor
Vehicle Theft Prevention Council at the cost of a new officer. 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 from January 1, 2002 through December 31, 2002 . 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.
rft.
Kane County Auto Theft Task Force
March 22, 2002
Page 2
1//,‘—,
FINANCIAL IMPACT
The cost for providing routine maintenance, insurance and fuel is
estimated at $1, 000 . Funding of this expense can be accommodated
within the City Equipment Replacement Fund, Vehicle Fuel, 601-4701-
796 . 17-15 .
LEGAL 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,
~
Olufemi 10111146
Inter m C ' ty -.nager
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