08-35 Resolution No. 08-35
RESOLUTION
AUTHORIZING EXECUTION OF A GRANT AGREEMENT
WITH KANE-COOK COUNTY AUTO THEFT TASK FORCE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to
execute a Grant Agreement with the Kane-Cook County Auto Theft Task Force on behalf of the City
of Elgin for the 2008 Kane-Cook County Auto Theft Task Force,a copy of which is attached hereto
and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: February 27, 2008
Adopted: February 27, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
February 8, 2008
TO Mayor and Members of the City Council I
FROM: Olufemi Folarin, City Manager c,,,,,,; in t r
c�.
Robert Beeter, Deputy Chief of Police
SUBJECT: Kane County Auto Theft Task Force 2008 Grant Award Agreement
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider the Kane-Cook County Auto Theft Task Force Grant award agreement
for 2008.
RECOMMENDATION
It is recommended that the City accept the trust funds grant award agreement for 2008 from the
Illinois Motor Vehicle Theft Prevention Council for the Kane-Cook County Auto Theft Task
Force (KCAT) in the amount of$370,737.
BACKGROUND
The City of Elgin has acted as the fiscal agent for the subject trust funds from the Illinois Vehicle
Theft Prevention Council (IMVTPC) for KCAT since 1991. The KCAT 2008 trust fund budget
totals $772,427 of which $370,737 is reimbursed by the council. KCAT works throughout the
Counties of Lake, Kane and Cook, focusing on the problem of auto theft especially as it relates
to gangs and drugs. Currently, the Aurora Police Department, Lake County Sheriff's Office,
Illinois State Police, and the Kane County State's Attorney's Office join the Elgin Police
Department in this specialized, cooperative law enforcement effort. KCAT has been successful
in uncovering and prosecuting large theft rings that operate in both counties. Currently in 2007,
more than 25 suspects were arrested by KCAT for offenses related to auto theft and 55 vehicles
were recovered estimated to be worth in excess of$1.1 million. KCAT handles the investigation
of all stolen auto complaints within the City of Elgin.
IMVTPC, an insurance company-funded agency, has provided grant trust funding for the last 11
years, targeting the reduction of vehicle theft in Kane County and the surrounding area. The
Elgin Police Department has one officer currently assigned to the Task Force. Previously two
officers had been assigned to the task force. The grant reimburses the City approximately 80% of
an Elgin police officer's starting salary and benefits. All compensation paid to the officer above
Kane County Auto Theft Task Force 2008 Grant Award Agreement
February 8, 2008
Page 2
80% of 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.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Illinois Motor Vehicle Theft Prevention Council
FINANCIAL IMPACT
The total budget for the KCAT program will total $772,427 of which the grant for the period of
January 1 to December 31, 2008 is $370,737.00. The City must appropriate funds each year for
the program and should sufficient funds not be allocated or budgeted, the program will cease.
The City's financial obligation is the difference between approximately 80% of a starting
officer's salary/benefits and the salary/benefits of the officer assigned to the task force.
Currently, based on the one Elgin Officer assigned to the task force, the City's additional costs
would be $47,000. Fuel, insurance and maintenance costs for a task force vehicle are estimated
to cost approximately$5,000 annually.
LEGAL IMPACT
None
ALTERNATIVES
1. The City Council may choose to accept the grant.
2. The City Council may choose not to accept this grant and lose the funding for a portion
of one officer.
3. The City Council may choose not to accept the grant and take on all investigations of
stolen autos in the City of Elgin by our Police Department.
Respectfully submitted for Council consideration.
rb
Attachment
ILLINOIS MOTOR VEHICLE THEFT PREVENTION COUNCIL MV#08-011x,
AWARD AGREEMENT DATA SHEET
AWARD AGREEMENT NUMBER: MV#08-011
PREVIOUS/RELATED AGREEMENT(S): MV#03-011,MV#04-011,MV#05-011,MV#06-
011,MV#07-011
PROGRAM NAME: Kane-Cook Auto Theft Task Force
IMPLEMENTING ENTITY: City of Elgin on behalf of the
Elgin Police Department
STREET ADDRESS: 150 Dexter Court
CITY AND STATE: Elgin,Illinois
ZIP CODE: 60120
IRS TAX IDENTIFICATION NUMBER: 36-6005862
AUTHORIZED OFFICIAL: Lisa Womack
TITLE: Chief of Police, City of Elgin
TELEPHONE: 847-931-6000
FAX: 847-931-6028
E-MAIL: Womack 1@cityofelgin.org
PROGRAM FINANCIAL OFFICER: James Nowicki
TITLE: Financial Director, City of Elgin
TELEPHONE: 847-931-5626
FAX: 847-931-6028
E-MAIL: nowicki j @a,cityofelgin.org _
PROGRAM DIRECTOR/CONTACT PERSr
TITLE:
TELEPHONE:
FAX:
E-MAIL:
START DATE:
END DATE:
PROGRAM FUNDING:
MOTOR VEHICLE TRUST FUND:
Page: 1
ILLINOIS MOTOR VEHICLE THEFT PREVENTION COUNCIL MV#08-011x,
APPLICATION FOR FUNDING OF PROGRAM
DATE SUBMITTED: October 12,2007
PROGRAM NAME: Kane-Cook Auto Theft Task Force(KCATTF)
AWARD AGREEMENT NUMBER: MV#08-011
IMPLEMENTING AGENCY: City of Elgin on behalf of the
Elgin Police Department
150 Dexter Court
Elgin,Illinois 60120
PROGRAM DIRECTOR: M/Sgt.Gerry Fallon
Program Director,Illinois State Police
595 South State Street
Elgin,Illinois 60123
FUNDING:
MOTOR VEHICLE THEFT PREVENTION TRUST FUND: $370,737.00
MATCHING CONTRIBUTION(S)TO BE PROVIDED: $401,690.00
TOTAL PROGRAM: $772,427.00
PROGRAlYI SUMMARY
The Kane-Cook Auto Theft Task Force (KCAT)is a specialized,cooperative, law
enforcement effort by the Aurora Police Department,Elgin Police Department,the Lake
County Sheriff's Office, the Illinois State Police, and the Kane County State's Attorney's
Office. KCAT's purpose is to combat auto theft by bringing together the expertise and
unique resources of each of the participating agencies,thereby maximizing the
investigative and prosecutorial efforts that can be directed at the auto theft and auto
insurance fraud problem within the KCAT service area(see below). KCAT's mission is to
provide the services, as described below,throughout the northern and far western portions
of the Chicago Metropolitan area. This service area extends through the counties of Kane,
Lake,McHenry and the northwestern corner of Cook counties (hereinafter referred to as
the"KCAT service area").KCAT's services are available to all law enforcement agencies
within this area. KCAT also works in close cooperation with other auto theft tasks forces
and other law enforcement agencies, which are involved in auto theft investigation.
The primary service provided by KCAT is the ability to field several investigators who are
specially trained in auto theft investigations and who have statewide police authority to
pursue those investigations. KCAT directly supports the vertical prosecution of auto theft
offenders within Kane County through the dedication of a full time auto theft prosecutor
by the Kane County State's Attorney. KCAT also works in cooperation with the dedicated,
full time prosecutors of the Cook County Auto Theft Prosecutions Unit. KCAT
investigators can coordinate the various resources of the participating agencies and focus
those resources upon any given investigation. KCAT maintains working relationships with
the National Insurance Crime Bureau(NICB),insurance and credit industry special
investigative units, and other specialized investigative units.These cooperative,working
relationships provide KCAT with greater access to insurance and credit industry
information and vehicle identification expertise. KCAT also provides auto theft training
and intelligence to law enforcement agencies with the KCAT service area.
Page: 2
MV#08-011
City of Elgin on behalf of the Elgin Police Department
Kane-Cook Auto Theft Task Force
ILLINOIS MOTOR VEHICLE THEFT
PREVENTION COUNCIL
,* .4' `1 �',%' Award Agreement #08-011 THEFT
Illinois
C 1.26R
^ �' ~„,
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 Elgin •
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 2008:
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:
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City of Elgin on behalf of the Elgin Police Department
Kane-Cook Auto Theft Task Force
SECTION I. 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 1,2008 and expires on December 31,2008, 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 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)
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City of Elgin on behalf of the Elgin Police Department
Kane-Cook Auto Theft Task Force
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.
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
final financial 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 is$370,737.00. 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.
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Kane-Cook Auto Theft Task Force
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 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.
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City of Elgin on behalf of the Elgin Police Department
Kane-Cook Auto Theft Task Force
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 related activities and expenditures paid by Trust Funds. These records will act as the
original source material for 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 August 1, 2008,the Implementing Agency must submit,in the form and manner required by the
Council,a financial 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.
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Kane-Cook Auto Theft Task Force
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;
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;
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City of Elgin on behalf of the Elgin Police Department
Kane-Cook Auto Theft Task Force
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 ILLS 25); and
The Discriminatory Club Dues Act(775 ILCS 25)
•
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
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 contact,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.
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City of Elgin on behalf of the Elgin Police Department
Kane-Cook Auto Theft Task Force
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.
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.
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 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.
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City of Elgin on behalf of the Elgin Police Department
Kane-Cook Auto Theft Task Force
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 entity for five years after the final disposition of the property.
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
_ Individual _X Government Entity
LEGAL STATUS — Owner of sole proprietorship _ Nonresident alien individual
(check 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): 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 Iaw or regulations require alteration of the award agreement.
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City of Elgin on behalf of the Elgin Police Department
Kane-Cook Auto Theft Task Force
SECTION 30. INTEGRATION
This document and the exhibits, amendments, and 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 31. SEVERABELITY
If any teim 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 teen 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 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
10
MV#08-011
City of Elgin on behalf of the Elgin Police Department
Kane-Cook Auto Theft Task Force
(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;
(2) the grantee's or contractor's policy of maintaining a drug free workplace;
(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
11
My#08-011
City of Elgin on behalf of the Elgin Police Department
Kane-Cook Auto Theft Task Force
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;
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.
12
MV#08-011
City of Elgin on behalf of the Elgin Police Department
Kane-Cook Auto Theft Task Force
SECTION 34.ACCEPTANCE
The terms of this award agreement are hereby accepted and executed by the proper officers and
officials of the parties hereto:
__ 64ii7s6
Ed Schock,Mayor Date
City of Elgin
A
Oak__ 7.�Lr-fly
Lisa Womack, Chief of Police Date
City of Elgin
- 9SCcie
Ja 1 • Nowicki Date
Fi ancial Dir ctor, City of Elgin
r> �/-
.(_(/ r/K/ /'-
Leiri G. Levin,Executive Director Date
Illinois Criminal Justice Information Authority SG
3//1/4-/
13
ILLINOIS MOTOR VEHICLE THEFT PREVENTION COUNCIL MV#08-011,,
AWARD AGREEMENT DATA SHEET
AWARD AGREEMENT NUMBER: MV#08-011
PREVIOUS/RELATED AGREEMENT(S): MV#03-011,MV#04-011,MV#05-011,MV#06-
011,MV#07-011
PROGRAM NAME: Kane-Cook Auto Theft Task Force
IMPLEMENTING ENTITY: City of Elgin on behalf of the
Elgin Police Department
STREET ADDRESS: 150 Dexter Court
CITY AND STATE: Elgin,Illinois
ZIP CODE: 60120
IRS TAX IDENTIFICATION NUMBER: 36-6005862
AUTHORIZED OFFICIAL: Lisa Womack
TITLE: Chief of Police, City of Elgin
TELEPHONE: 847-931-6000
FAX: 847-931-6028
E-MAIL: womack 1(7a cityofelgin.org
PROGRAM FINANCIAL OFFICER: James Nowicki
TITLE: Financial Director, City of Elgin
TELEPHONE: 847-931-5626
FAX: 847-931-6028
E-MAIL: nowicki j@a,cityofelgin.org
PROGRAM DIRECTOR/CONTACT PERSON: MISgt. Gerry Fallon
TITLE: Program Director,Illinois State Police
TELEPHONE: 847-608-3244
FAX: 847-608-3246
E-MAIL: emberts(aisp.state.il.us
START DATE: January 1,2008
END DATE: December 31, 2008
PROGRAM FUNDING:
MOTOR VEHICLE TRUST FUND: $370,737.00
Page: 1
ILLINOIS MOTOR VEHICLE THIEVE PREVENTION COUNCIL MV#08-011x,
APPLICATION FOR FUNDING OF PROGRAM
DATE SUBMITTED: October 12,2007
PROGRAM NAME: Kane-Cook Auto Theft Task Force(KCATTF)
AWARD AGREEMENT NUMBER: MV#08-011
IMPLEMENTING AGENCY: City of Elgin on behalf of the
Elgin Police Department
150 Dexter Court
Elgin,Illinois 60120
PROGRAM DIRECTOR: MiSgt.Gerry Fallon
Program Director,DIinois State Police
595 South State Street
Elgin,Illinois 60123
FUNDING:
MOTOR VEHICLE'THEFT PREVENTION TRUST FUND: $370,737.00
MATCHING CONTRIBUTION(S)TO BE PROVIDED: $401,690.00
TOTAL PROGRAM: $772,427.00
PROGRAM SUMMARY
The Kane-Cook Auto Theft Task Force (KCAT)is a specialized, cooperative, law
enforcement effort by the Aurora Police Department,Elgin Police Department,the Lake
County Sheriff's Office, the Illinois State Police, and the Kane County State's Attorney's
Office. KCAT's purpose is to combat auto theft by bringing together the expertise and
unique resources of each of the participating agencies, thereby maximizing the
investigative and prosecutorial efforts that can be directed at the auto theft and auto
insurance fraud problem within the KCAT service area(see below). KCAT's mission is to
provide the services, as described below,throughout the northern and far western portions
of the Chicago Metropolitan area. This service area extends through the counties of Kane,
Lake,McHenry and the northwestern corner of Cook counties(hereinafter referred to as
the"KCAT service area"). KCAT's services are available to all law enforcement agencies
within this area. KCAT also works in close cooperation with other auto theft tasks forces
and other law enforcement agencies, which are involved in auto theft investigation.
The primary service provided by KCAT is the ability to field several investigators who are
specially trained in auto theft investigations and who have statewide police authority to
pursue those investigations.KCAT directly supports the vertical prosecution of auto theft
offenders within Kane County through the dedication of a full time auto theft prosecutor
by the Kane County State's Attorney. KCAT also works in cooperation with the dedicated,
full time prosecutors of the Cook County Auto Theft Prosecutions Unit. KCAT
investigators can coordinate the various resources of the participating agencies and focus
those resources upon any given investigation. KCAT maintains working relationships with
the National Insurance Crime Bureau(NIICB), insurance and credit industry special
investigative units, and other specialized investigative units. These cooperative,working
relationships provide KCAT with greater access to insurance and credit industry
information and vehicle identification expertise. KCAT also provides auto theft training
and intelligence to law enforcement agencies with the KCAT service area.
Page: 2
•
ILLINOIS
MOTOR VEHICLE March 18, 2008
THEFT
PREVENTION Gerry Fallon
COUNCIL Program Director
Kane-Cook Auto Theft Task Force
595m South State Street
/ ■,\ Elgin, Illinois 60123
THEFT Director Fallon,
\Ilinois//
Enclosed is your copy of the 2008 MV #08-011 Illinois Motor
300 West Adams,suite 700 Vehicle Theft Prevention Council grant agreement. Please retain
Chicago,Illinois 60606 this copy for your records.
Phone: (312)793-8550
Fax:(312)793-8422 Please ensure that the monthly fiscal and data reports are submitted
TDD:(312)793-4170
WWW.icjia.state.il.usimy to the Authority no later than the 15th of the following month.
Rod R.Blagojevich,Governor Remember that amendments are an addition to your allocated
budget, and must be approved by the GRC procedure. Revisions are
line item changes that will authorize you to move line items or
project income up to and including$15,000.00. Over this amount
Larry G.Trent,Chairman will require GRC approval.
Illinois State Police
Jody P.Weis
Chicago Police Superintendent Please contact me if you have any questions or concerns.
Richard A.Devine
Cook County State's Attorney
Brian B.Fengel
Chief,Bartonville Police Department
Rodney P.Fisher
State Farm Insurance Companies / 'Cerely,
1 i
Beau Parrillo !�
United Automobile Insurance Company erry
Criminal Justice pecialist
Donald L.Sauzek Illinois Motor V hicle Theft Prevention Council
Country Companies
(312) 793-0889
Jesse White tenence.dugan@illinois.gov
Illinois Secretary of State
Lori G.Levin MV #08-011
Executive Director
Illinois Criminal Justice
Information Authority
(Q/4-FORMS/LETTERS/COMPLETED SIGNED AGREEMENT)
"A working partnership of the public and private sectors fighting vehicle theft in Illinois"