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R-1368 - 05/13/2014 - PERSONNEL - Resolutions Supporting Documents OF 0Alr A Q v � 'Q NOUN AGENDA ITEM Regular Board of Trustees Meeting of May 13, 2014 SUBJECT: Interim Assistant Village Manager Position FROM: David Niemeyer, Village Manager BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: Motion To Approve Resolution 2014-PL-AG-R-1368, A Resolution Approving An Amendment To The Employee Lease Agreement Between The Village Of Oak Brook And GovTemp USA, LLC for the Interim Assistant Village Manager Position. Background/History: At the January 28, 2014 meeting in closed session, I recommended and the Village Board came to a consensus to hire an interim Assistant Village Manager while we go through the hiring process for an Assistant Village Manager. With my recent resignation, it was determined to hold off on the decision of hiring a permanent Assistant Village Manager until a Village Manager search could be conducted. In February, I signed an agreement with GovTempsUSA for Cathy Doczekalski to work as Acting Assistant Village Manager for a period to expire on April 30th. I would like the Board to agree to an extension of the agreement until October 31, 2014. This extension with a 14 day termination provision locks in the current rate and maintains our flexibility to have a new Assistant Village Manager or if Cathy Doczekalski leaves. Attached is a copy of the original agreement with GovTempUSA/Cathy Doczekalski and the new Exhibit A. The agreement will remain the same with the exception of the dates. Recommendation: That the Village Board approve Resolution R-1368 A Resolution Approving An Amendment Which Extends The Employee Lease Agreement Between The Village Of Oak Brook And GovTemp USA, LLC for the Interim Assistant Village Manager Position. -AA RESOLUTION 2014-PL-AG-R-1368 A RESOLUTION APPROVING AN 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, the Village has not yet filled the position of Assistant Village Manager with its own employee; and WHEREAS, the Village and GovTemp desire to amend the Agreement to have GovTemp continue to provide the Village with a temporary employee to serve as acting Assistant Village Manager until November 30, 2014, unless such Agreement is sooner terminated by the Village ("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 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 Amendment. The President and Board of Trustees hereby approve the Amendment between the Village and GovTemp, which Amendment is attached hereto as Exhibit A. Section 3: Execution of Amendment. The Village Manager and the Village Clerk shall be, and are hereby, authorized to execute and attest, on behalf of the Village, the Amendment. 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-1368 Approval of Amendment to Gov-Femp Agreement Page 2 of 3 APPROVED THIS 13th day of May, 2014 Gopal G. Lalmalani Village President PASSED THIS 13th day of May, 2014 Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk Resolution 2014-PL—AG-R-1 368 Approval of Amendment to GovTemp Agreement Page 3 of 3 EXHIBIT A #29548140 vl AMENDMENT TO EMPLOYEE LEASING AGREEMENT THIS AMENDMENT TO EMPLOYEE LEASING AGREEMENT ("Amendment") is made as of this _day of May, 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, the Village and GovTemp now wish to 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 November 30, 2014, 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 Name: Title: VILLAGE OF OAK BROOK By: David Niemeyer, Village Manager ATTEST: By: Charlotte Pruss, Village Clerk #29548003_vl