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R-1413 - 11/11/2014 - PERSONNEL - Resolutions RESOLUTION 2014-PL-AG-R-1413 A RESOLUTION APPROVING A SECOND AMENDMENT TO THE EMPLOYEE LEASE AGREEMENT BETWEEN THE VILLAGE AND GOVTEMPUSA, LLC WHEREAS, on February 11, 2014, the Village entered into an employee lease agreement with GovTempUSA, LLC ("GovTemp") for GovTemp to provide the Village with a temporary employee to serve as acting Assistant Village Manager("Agreement"); and WHEREAS, on May 13, 2014, the Village approved an Amendment to the Agreement, extending the term of the Agreement to November 30, 2014; and WHEREAS, the Village has not yet filled the position of Assistant Village Manager with its own employee; and WHEREAS, the Village and GovTemp desire to further amend the Agreement to have GovTemp continue to provide the Village with a temporary employee to serve as acting Assistant Village Manager until January 31, 2015, unless such Agreement is sooner terminated by the Village ("Second Amendment"); and WHEREAS, the President and Board of Trustees, being fully advised in the premises, have determined that it is in the best interests of the Village and its residents to enter into the Second Amendment; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Approval of Second Amendment. The President and Board of Trustees hereby approve the Second Amendment between the Village and GovTemp, which Second Amendment is attached hereto as Exhibit A. Section 3: Execution of Second Amendment. The Village Manager and Village Clerk shall be, and hereby are, authorized to execute the Second Amendment in substantially the same form as attached hereto as Exhibit A after receipt of the final Second Amendment fully executed by GovTemp. Section 4: Effective Date. This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Resolution 2014-PL-AG-R-1413 Approval of Second Amendment to GovTemp Agreement Page 2 of 3 APPROVED THIS 11th day of November, 2014 7? Gopal G. Lalmalani Village President PASSED THIS 11th day of November, 2014 Ayes: Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf Nays: None Absent: None ATTEST ito Charlotte K. Pruss Village Clerk e. 3 Resolution 2014-PL-AG-R-1413 Approval of Second Amendment to GovTemp Agreement Page 3 of 3 EXHIBIT A SECOND AMENDMENT TO EMPLOYEE LEASING AGREEMENT THIS SECOND AMENDMENT TO EMPLOYEE LEASING AGREEMENT ("Amendment") is made as of this /Mt day of November, 2014, by and between GOVTEMPUSA, LLC ("GovTemp"), and the VILLAGE OF OAK BROOK,ILLINOIS ("Village"). RECITALS WHEREAS, GovTemp and the Village entered into a certain Employee Leasing Agreement dated February 11, 2014 ("Agreement"), pursuant to which the Village agreed to lease from GovTemp and GovTemp agreed to lease to the Village, a temporary employee to serve as Acting Village Manager. WHEREAS, On May 13, 2014, the Village and GovTemp amended the Agreement to extend the term of the Agreement. WHEREAS, the Village and GovTemp now wish to further amend the Agreement as hereinafter set forth. NOW THEREFORE, for and in consideration of the recitals set forth above and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree that notwithstanding anything to contrary in the Agreement, that Section 5.01 of the Agreement shall read: "This Agreement shall become effective on February 11, 2014, and shall continue in effect until January 31, 2015, or until it is terminated in accordance with the remaining provisions of this Section 5. For purposes of the Agreement, the date on which the Agreement expires and/or is terminated shall be referred to as the 'Termination Date.' Notwithstanding anything contained in this Section 5.01 or any other Section to the contrary, the Village shall have the right to terminate this Agreement at any time upon providing GovTemp no less than 14-days prior written notice." All such fully executed original counterparts will collectively constitute a single agreement. Each counterpart may be delivered by pdf transmission. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, GovTemp and the Village have respectively executed this Amendment to be effective as of the date first above written. GOVTEMPUSA, LLC, an Illinois limited liability company By �_w�--- Name: _''xl/e qtr/ Title: CCU VILLAGE OF OAK BROOK By: Riccardo Ginex, Village anager ATTEST: By: r , , Charlotte Pruss, Village Clerk #33848781_vl