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R-1165 - 03/13/2012 - INTERGOVERNMENTAL AGREEMENT-IT - ResolutionsRESOLUTION 2012- PL- IT- IGA- SCH -EXI -R -1165 A RESOLUTION APPROVING AND AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND SCHOOL DISTRICT 53 FOR THE SHARED USE OF A TECHNOLOGY SUPPORT SPECIALIST WHEREAS, the Village of Oak Brook ( "Village ") is an Illinois municipal corporation; and WHEREAS, Article VII, Section 10 of the 1970 Constitution of the State of Illinois authorizes units of local government to contract or otherwise associate among themselves "to obtain or share services and to exercise, combine, or transfer any power or function, in any manner not prohibited by law or ordinance," as well as to use their revenues, credit and other resources for intergovernmental activities; and WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 22011 et seq., also authorizes the joint use and enjoyment of the powers, privileges, functions and authority of local governments; and WHEREAS, due to budgetary constraints, the Village reduced staffing in its Information Technology Division ( "Division ") from three full -time positions to two full -time positions and one part-time position; and WHEREAS, despite diligent effort, the Village has not been able to attract and retain a qualified employee for a sustained period of time to fill the Division's part-time position ("Part-Time Position "); and WHEREAS, the Village desires to avoid the cost and disruption to operations associated with the high turnover rate of personnel in the Part-Time Position; and WHEREAS, School District 53 ( "District') desires to hire a part-time employee to perform similar information technology responsibilities as those assigned to the Division's part-time position, and WHEREAS, the Village and District desire to combine their resources and share the services of one full -time information technology employee, which would allow the Village to attract and retain a more qualified employee than hiring a part-time employee; and WHEREAS, the Village and District have prepared an intergovernmental agreement ( "Agreement'), attached hereto as Exhibit A, to facilitate the hiring of one full -time Technology Support Specialist, whose services the Village and District will share pursuant to the terms of the Agreement; and WHEREAS, the President and Board of Trustees have determined that it is in the best interests of the Village to enter into the Agreement, in a final form as approved by the Village Attorney; 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 the Agreement. The President and Board of Trustees hereby approve the Agreement by and between the Village and District in a form acceptable to the Village Manager and the Village Attorney. Section 3: Authorization and Execution of the Agreement. The Village Manager and Village Clerk shall be, and hereby are, authorized to execute the final Agreement on behalf of the Village. Resolution 2012- PL- IT- IGA- SCH -EXI -R -1165 Approving and Authorizing the Shared Technology Support Specialist Agreement Page 2 of 3 Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. Ayes: APPROVED THIS 13" day o arch, 2012 Gopal malani Village President PASSED THIS 13" day of March, 2012 Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis None None ATTEST,� /n ' ^ ^ /JI Jw�J A Charlotte K. Pruss Village Clerk Resolution 2012- PL- IT- IGA- SCH -EXi -R -1165 Approving and Authorizing the Shared Technology Support Specialist Agreement Page 3 of 3 EXHIBIT A [Intergovernmental Agreement] INTERGOVERNMENTAL AGREEMENT BETWEEN BUTLER SCHOOL DISTRICT NO. 53 AND THE VILLAGE OF OAK BROOK FOR THE SHARED USE OF A TECHNOLOGY SUPPORT SPECIALIST This Agreement for the shared use of a Technology Support Specialist (this "Agreement") is entered into as of 1 ;11,, -Ceti 12, 2012, by and between the Board of Education of Butler School District No. 53, an Illinois School District ("Butler SD" or "District") and the Village of Oak Brook, an Illinois municipality ( "Village "). Butler SD and the Village are hereinafter sometimes referred to individually as a "Party" or together as the "Parties." WHEREAS, each Party to this Agreement is a unit of local government authorized by Article VII, Section 10 of the Constitution of the State of Illinois of 1970, by the Intergovernmental Cooperation Act (5 ILCS 220/1 el seq.), to enter into this Agreement and to enjoy and carry out or cause to be carried out its rights and obligations under this Agreement; and WHEREAS, the Board of each Party has determined that it is in need of the services of a Technology Support Specialist commencing April 1, 2012; and, WHEREAS, the Parties have determined that it is in their best interests to jointly use the services of a Technology Support Specialist, sharing his/her time equally (50/50), NOW THEREFORE, in consideration of the promises hereof and the mutual covenants and agreements contained herein, the Parties to this Agreement agree as follows: A. EMPLOYMENT OF TECHNOLOGY SUPPORT SPECIALIST Butler SD shall employ a Technology Support Specialist commencing on or about April 2, 2012. Butler SD shall provide that the Technology Support Specialist is to spend 50% of their time providing services for the Village in accordance with the terms of this Agreement. B. QUALIFICATIONS AND SERVICES TO BE PROVIDED The Technology Support Specialist shall maintain during the term of this Agreement a valid and properly registered certificate issued by the State of Illinois Teacher's Certification Board qualifying them to act as the Technology Support Specialist, including all required endorsements. The Technology Support Specialist's duties shall include, but are not limited to, providing the following services to the respective Parties, as necessary and directed by the respective Party: 1. Perform all computer equipment checkout, repair and maintenance (maintain and repair all technology equipment including printers, computers, monitors, AV equipment, peripherals and telecommunications); 2. Install all software updates and deploy all image management; 3. Manage username, passwords, and supplies as needed; 4. Support web pages; Troubleshoot issues and track all time and tickets in a centralized system; 6. Devote their best efforts to the technology support of the respective Party and not undertake or accept other employment or responsibilities in conflict with their assigned duties. C. REPORTS AND RECORDS The Technology Support Specialist shall maintain records and reports in accordance with the policies of each Party, and in accordance with applicable law. All such records, including information and notes prepared or provided by the Technology Support Specialist shall be the property of the Party for which services are provided. The Technology Support Specialist shall not disclose one Party's confidential information to the other Party without advance approval. The Technology Support Specialist shall comply with the provisions of the Illinois School Student Records Act (105 ILCS 10 /1 et. seq.) and the Federal Educational and Privacy Rights Act (20 USCS 1232g et. seq.) which governs the release and disclosure of student records. No student records shall be disclosed by the Technology Support Specialist without the prior written consent of the District, and /or the parents of the student. D. FACILITIES, MATERIALS AND EQUIPMENT Each Party shall provide to the Technology Support Specialist during the term of this Agreement: 1. All forms, equipment and supplies necessary to support the technology programs; 2. Each party will have their own space for storage for the Technology Support Specialist. 2 (' nniCS- nfa]1- p61+�jn6•nt;,pglirinc mil aWWII �p��lat+Eln$- VWitlrr€gar� -t9 t13Rr4IktiFe9.9frtllf3 Technology Support Specialist. E. INSURANCE AND LIABILITY Each Party shall be responsible for insuring the Technology Support Specialist for services provided to that Party. Each Party shall provide general liability insurance covering the Technology Support Specialist and provisions of services under this Agreement, including transportation between the District and the Village, up to the maximum amount of $2,000,000.00 per occurrence. Each Party shall furnish to the other a valid Certificate of Insurance evidencing that it has adequate general insurance coverage. The Certificate shall be delivered by each Party 'e ore "the Technology SupporfSpeciali'st is to provide services. Neither Party shall be responsible for any liabilities arising from the fault or negligence of the other Party, or their employees or agents, or for the Technology Support Specialist while performing duties for the other Party. It is understood and agreed that neither Party shall be legally liable for any negligent or wrongful acts either of commission or omission, chargeable to the other Party unless such liability is imposed by law. This Agreement shall not be constructed as seeking to either enlarge or diminish any obligation or duty owed by one Party to the other. F. COST OF SERVICES The Cost of Services will be based upon the total cost and expense of employing the Technology Support Specialist. Primarily, this cost will be derived from an annual salary not to exceed $51,000, and the specific salary under that amount shall be subject to the Parties mutual consent before the District hires the Technology Support Specialist (subject to annual increases agreed to in advance by both Parties), and the benefits customarily provided to twelve month employees at the District, including, but not limited to health insurance, dental insurance, long- term life and disability insurance, and the contributions due IMRF, FICA, Medicare by the District. Each Party shall be responsible for one -half (1/2) of the total Cost of Services. The District will invoice the Village for its share of the Cost of Services. The District will submit the first invoice to the Village on May 1, 2012. Thereafter, the District will submit an invoice to the Village once every six (6) months. The Village agrees to pay all invoices within thirty (30) days of receipt. G. TERM OF THE AGREEMENT This Agreement shall be effective upon the execution by the Parties and shall continue until such time that the Parties determine that the shared service of a Tech Specialist is no longer desired. Additionally, either the District or the Village shall have the right to terminate this Agreement at any time by providing the other Party with a sixty (60) day notice of termination. H. INDEMNIFICATION The Parties agree to indemnify, reimburse, and hold each other harmless against any and all claims, liabilities, causes of action, damages, expenses, costs and fees, including attorney's fees, that either party incurs arising out of or occurring in connection with the negligent, reckless or intentional misconduct of the other Party, only to the extent required or permitted by law. ENTIRE AGREEMENT This Agreement contains the entire agreement and understanding of the Parties. Any subsequent modifications to this Agreement must be in writing and signed by both Parties to be binding. J. AUTHORIZED SIGNATURES The undersigned parties are authorized on behalf of the District and the Village. BUTLER SCHOOL DISTRICT THE VILLAGE OF OAKBROOK NO, 53 Dated b1. K /2,2012 Date: March 27 2012