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R-1837 - 11/12/2019 - POLICE DEPT. - Resolutions ITEM 9.13.2 BOARD OF TRUSTEES MEETING VILLAGE OF SAMUEL E. DEAN BOARD ROOM OAK B RkK , BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of November 12, 2019 SUBJECT: Resolution to Approve a Memorandum of Understanding between the Village of Oak Brook and the Village of Thornton(ISATTF). FROM: James R. Kruger Jr., Chief of Police Q/11� BUDGET SOURCE/BUDGET IMPACT: 621-503300/$40,000 Savings RECOMMENDED MOTION: I move that the Village Board approve Resolution 2019- PD-MOU-ATTF-R-1837 to authorize the Village Manager to sign a MOU between the Village of Oak Brook and the Village of Thornton to join the Illinois Statewide Auto Theft Task Force and authorize the Police Department to increase staffing one officer during the department's participation in the task force. Background/History: Over the past two years the Police Department has investigated an uptick in auto thefts in our community. Communities across Illinois have been experiencing similar concerns which has prompted the automobile insurance industry to request the State of Illinois to reinstitute regional auto theft taskforces to combat this increase. These crimes help to fund criminal enterprises, gang activity, and potentially domestic terrorism. Prior to approximately five years ago there had been numerous task forces across Illinois that had been funded by a fee that is assessed every auto policy in Illinois for that purpose. Subsequently there are funds available to more than support such a task force to start up again. The Oak Brook Police Department has been chosen to participate in this task force, along with representatives from the Illinois Secretary of State Police,DuPage County Sheriff and nine other local agencies,to be administrated and supervised by the SOS Police. The grant provides for complete salary, benefits, health insurance, pension and overtime reimbursement on a monthly basis as well as a vehicle to include all maintenance and fuel. One of our officers would be sworn in as an Inspector with the State of Illinois and serve BOT AGENDA Page 1 &VG four years in that capacity. The grant itself is administrated by the Village of Thornton,to serve as a pass through from the insurance companies to the state so that payments are readily available. It would be our intention to assign an officer to the task force and replace the person with a new hire since it is a long term, permanent assignment. The officer assigned would be an officer at the top of the pay grade,who would then be replaced with an officer at starting pay. An analysis by our Finance Department concluded that we would see a nearly$40,000 savings from the reimbursement in the first year. We would also understand that the one extra position is only to be filled for the duration of our task force participation, otherwise the position would be eliminated by attrition should we cease to participate. Task force commanders advise us that it is their intention that even after the first four years, our department would be able to refill the position with a new officer should we wish to continue. Another tremendous opportunity for our department is the availability of task force personnel and resources to help us combat auto theft and investigate our incidents with their assistance and manpower without any addition costs. There is also the opportunity to share in seized funds after the first year or two of startup. Our Village attorney has reviewed and approved of the MOU and the vehicle use agreement. Recommendation: Staff recommends that the Village Board authorize the Village Manager to sign a Memorandum of Understanding between the Village of Oak Brook and the Village of Thornton. BOT AGENDA Page 2 THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS RESOLUTION 2019-PD-MOU-ATTF-R-1837 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANING BY AND BETWEEN THE VILLAGE OF OAK BROOK AND THE ILLINOIS STATEWIDE AUTO THEFT TASK FORCE GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk JOHN BAAR PHILIP CUEVAS MICHAEL MANZO MOIN SAWED EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 12th day of November, 2019 RESOLUTION 2019-PD-MOU-ATTF-R-1837 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANING BY AND BETWEEN THE VILLAGE OF OAK BROOK AND THE ILLINOIS STATEWIDE AUTO THEFT TASK FORCE WHEREAS, the Village of Oak Brook is a municipal corporation with authority provided for and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain functions pertaining to its local government and affairs; WHEREAS, the Village of Oak Brook (hereinafter referred to as "Village") upon approval of the corporate authorities may enter into an Agreement with another party pursuant to Illinois Statute; WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 authorizes units of local government, including municipalities, to contract to exercise, combine or transfer any power or function not prohibited to them by law or ordinance; WHEREAS, the Intergovernmental Corporation Act(5 ILCS 220/1 et seq.)authorizes units of local government to exercise jointly with any public agency of the State, including other units of local government, any power, privilege or authority which may be exercised by a unit of local government individually, and to enter into contracts for the performance of governmental services, activities and undertakings; WHEREAS, the "Intergovernmental Cooperation Act", 5 ILCS 220/1 et seq., provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government may be exercised and enjoyed jointly with any other unit of local government; WHEREAS, Section 5 of the"Intergovernmental Cooperation Act", 5 ILCS 220/5, provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity or undertaking which any of the public agencies 2 entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the governing body of each party to the contract; WHEREAS, the parties hereto are units of local government as defined by the Constitution of the State of Illinois, 1970, Article VII, Section 10, and the Intergovernmental Cooperation Act; WHEREAS, the Village is desirous of entering into the attached Memorandum of Understanding with various agencies for the purpose of participting the Illinois Statewide Auto Theft Task Force (hereinafter referred to as the "Task Force"); WHEREAS, the mission of the Task Force is to provide a good quality of life for the residents and business owners of the State of Illinois by reducing auto and recycled metal thefts; WHEREAS, the MOU assists in defining and delinating the respondsibilities of the participating agengices so to provide an efficient collaberation and allocation of resources; WHEREAS, the Corporate Authorities of the Village of Oak Brook have determined that it is in the best interests of the public safety and welfare of the residents of the Village of Oak Brook to enter into a Memorandum of Understanding n Intergovernmental with The Illinois Statewide Auto Theft Task Force for the purposes set forth herein. NOW, THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees of the Village of Oak Brook, Cook and DuPage Counties, Illinois as follows: Section One — Recitals The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to the resolution are full, true and correct and do hereby, by reference, incorporate and make them part of this resolution as legislative findings. Section Two—Approval of the Memorandum of Understanding The Village hereby approves the Memorandum of Understanding (hereinafter referred to as the "MOU") substantially in the form attached hereto and made a part hereof as Exhibit A and directs the Village Manager to negotiate final terms, if any, with the advice of the Village Attorney. 3 Section Three—Authorization and Direction The Village President is hereby authorized, empowered and directed to sign, and the Village Clerk to attest thereto,the MOU presented herein and any finally negotiated terms as set forth therein. Section Four- Other Actions Authorized The officers, employees and/or agents of the Village shall take all actions necessary or reasonably required to carry out and give effect to the intent of this resolution and otherwise to consummate the transactions contemplated herein, and shall take all actions necessary in conformity therewith including, without limitation, the execution and delivery of all documents required to be delivered in connection with the transaction contemplated herein. Section Five - Authorization of Expenditures The Corporate Authorities hereby authorize and direct the expenditure of all costs related to the execution of the MOU, additionally, the Village is authorized and directed to allocate and spend all necessary funds to fulfill the requirements of the MOU and of this resolution. Section Six - Acts of Village Officials That all past, present and future acts and doings of the officials of the Village that are in conformity with the purpose and intent of this resolution are hereby, in all respects, ratified, approved, authorized and confirmed. Section Seven—Conflict Clause All resolutions, parts of resolutions or board actions in conflict herewith are hereby repealed to the extent of such conflict. Section Eight—Saving Clause If any section, paragraph, clause or provision of this resolution is declared by a court of law to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this resolution, which are hereby declared to be separable. 4 Section Nine— Effective Date This resolution shall be in full force and effect from and after its passage, approval and publication as provided by law. Section Ten - Publication This resolution shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section Eleven— Recording This resolution shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. 5 APPROVED THIS 12th day of November, 2019 Gopal b<almalani Village President PASSED THIS 12th day of November, 2019 Ayes: Trustees Baar. Cuevas Manzo Tiesenga Yusuf Nays: None Absent: Trustee Saiyed ATTEST• /�� it r OAk f � Charlotte K. Prussi v Village Clerk 4 \moo 6 Exhibit A Memorandum of Understanding 7