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R-1117 - 08/09/2011 - PROFESSIONAL - Resolutions Supporting DocumentsAGENDA ITEM Regular Board of Trustees Meeting of August 9, 2011 SUBJECT: Extension of Steve Larson's Professional Services Agreement FROM: David Niemeyer, Village Manager BUDGET SOURCE/BUDGET IMPACT: 611 -5000 - $20,463.06 ITEM 6.17.3) O'l RECOMMENDED MOTION: Motion to Approve Resolution 2011- PL- AG -EX1 -R -1117: A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICE CONTRACT BETWEEN THE VILLAGE OF OAK BROOK AND STEPHEN E. LARSON Background/History: Attached is a second amendment to the Professional Service Contract between the Village and Steve Larson to extend the term of the Contract for an additional 60 days, up to and including October 19, 2011. The Village will pay Larson a lump sum of $20,463.06 consisting of four (4) payments of $4,696.44 to be paid on the following dates: September 2, 2011, September 16, 2011, September 30, 2011 and October 14, 2011. A payment of $1,677.30 is to be paid on October 19, 2011. This will allow the Village time to complete its search for a permanent Police Chief. Mr. Larson provides consulting services to the Police Department pursuant to the Contract, and the Village desires to retain his services to maintain continuity within the Department. Recommendation: I recommend that this Resolution and the Second Amendment to the Contract be approved. RESOLUTION 2011- PL- AG -EXI -R -1117 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF THE SECOND AMENDMENT TO THE PROFESSIONAL SERVICE CONTRACT BETWEEN THE VILLAGE OF OAK BROOK AND STEPHEN E. LARSON WHEREAS, on April 22, 2011, the Village and Stephen E. Larson ( "Larson ") entered into a Professional Service Contract for the provision of certain police consultant services in order to provide continuity of management in the Village's police department ( "ContracF); and WHEREAS, the Village and Larson desire to execute a Second Amendment to the Contract to extend the term of the Contract for an additional 60 days; and WHEREAS, the President and Board of Trustees have determined that it is in the best interests of the Village to enter into the Second Amendment in substantially the form attached to, and by this reference incorporated into, this Resolution as Exhibit A. 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 Second Amendment. The President and Board of Trustees hereby approve the Second Amendment to the Professional Service Contract between the Village and Larson in a form substantially the same attached to this Resolution as Exhibit A and in final form acceptable to the Village Manager and the Village Attorney. Section 3: Authorization and Execution of the Second Amendment. The Village President and Village Clerk shall be, and hereby are, authorized to execute the final Second Amendment on behalf of the Village. Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. APPROVED THIS 9'h day of August, 2011. PASSED THIS 91" day of August, 2011. Ayes: Gopal G. Lalmalani Village President ATTEST: Charlotte K. Pruss Village Clerk Resolution 2011- PL- AG -EXI -R -1117 Approving the Execution of the Second Amendment to a Professional Service Contract Page 2 of 3 EXHIBIT A SECONDAMENDMENT Resolution 2011- PL- AG -EX1 -R -1117 Approving the Execution of the Second Amendment to a Professional Service Contract Page 3 of 3 SECOND AMENDMENT TO PROFESSIONAL SERVICE CONTRACT BETWEEN THE VILLAGE OF OAK BROOK AND STEPHEN E. LARSON FOR POLICE CONSULTING SERVICES This Second Amendment to Professional Service Contract ( "Second Amendment') is made and executed effective as of August _, 2011, by the Village of Oak Brook ( "Village'l, and Stephen E. Larson ( "Larson'j; WITNESSETH WHEREAS, Larson is serving the Village as a police consultant pursuant to the Professional Service Contract between the Village and Larson dated April 22, 2011 ( "Contract'); and WHEREAS, the Village and Larson desire to extend the term of the Contract for an additional 60 days and to provide additional compensation to Larson for that extended term pursuant to this First Amendment; NOW, THEREFORE, in consideration of the foregoing recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Village and Larson agree to amend the Contract to reflect the addition to Section 6, entitled "Additional Term and Compensation ", which shall continue to read as follows: "6. ADDITIONAL TERM AND COMPENSATION. Pursuant to Section 5 of this Contract, the Village opts to extend the term of this Contract for an additional 60 days, up to and including October 19, 2011. ( "Additional Tenn "). The Village will pay Larson a lump sum of $20,463.06 consisting of four (4) payments of $4,696.44 to be paid on the following dates: September 2, 2011, September 16, 2011, September 30, 2011 and October 14, 2011. A payment of $1,677.30 is to be paid on October 19, 2011. IN WITNESS WHEREOF, the parties have caused this Second Amendment to be executed by their duly authorized representatives as of the date first above written. STEPHEN E. LARSON VILLAGE OF OAK BROOK Date: Title: Date: PROFESSIONAL SERVICE CONTRACT . 0 copy THIS PROFESSIONAL SERVICE CONTRACT ("CONTRACT°), made this 22"" day of April, 2011, by and between the VILLAGE OF OAK BROOK (°VILLAGE'), 1200 Oak Brook Road, Oak Brook, Illinois, and STEPHEN E. CARSON (°LARSON °), 5453 West 137 h Place, Crestwood, Illinois 60445. WITNESSETH: WHEREAS, the VILLAGE is desirous of having LARSON serve as Police Consultant on an interim basis for the sake of continuity of management of the POLICE DEPARTMENT ("DEPARTMENT). NOW, THEREFORE, in consideration of the mutual undertakings and promises contained herein, the Parties hereto agree as follows: 1. DUTIES AND RESPONSIBILITIES: LARSON shall perform the following duties: • Oversee the general dally operations of the DEPARTMENT. • Supervise Lieutenants, continuously monitoring work assignments and productivity and recommending appropriate changes. • Ensure through a process of staff inspection and evaluation that all divisions and sections are working within established guidelines and are constantly working toward the established mandates and goals of the DEPARTMENT. • Other duties as assigned by the Village Manager or his designee. 2. COMPENSATION: The VILLAGE shall pay CARSON a lump sum of EIGHT THOUSAND, NINE HUNDRED, FORTY -FIVE DOLLARS AND SIXTY CENTS ($8,945.80) to be paid out in two (2) payments of FOUR THOUSAND, FOUR SEVENTY -TWO DOLLARS AND EIGHTY CENTS ($4,472.80) for a total of four (4) weeks work, to be pro-rated if less. The two payments will be paid on May 6, 2011 and May 19, 2011. During the four (4) weeks LARSON agrees to work no less than thirty-five (35) hours per week.. If substantial additional responsibilities are added during the four (4) weeks, the parties agree to discuss additional compensation. 3. INDEMNIFICATION: The VILLAGE shall indemnify, hold harmless, and defend LARSON from any and all claims, demands, causes of action, suits, judgments and awards, together with attorney's fees Incurred by LARSON as a result of any injury to or death of persons or civil and/or constitutional infringement of rights (specifically Including violations of the Federal Civil Rights Statutes), arising indirectly or directly, in connection with, or under, or as a result of this CONTRACT, solely by virtue of any act or omission of any VILLAGE employee, officer, and/or agent. 4. INSURANCE AND OTHER BENEFITS: The VILLAGE shall not provide health Insurance coverage for LARSON and /or his dependents, or any other employee benefits, Including vacation, holiday pay and sick leave as per this CONTRACT. Hours worked will also not accrue toward LARSON's pension. 5. TERMS OF CONTRACT: This CONTRACT shall be effective for a period of thirty (30) days, from the date of this CONTRACT. Notwithstanding any provision contained herein to the contrary, this CONTRACT may be terminated by either party at any time. The VILLAGE retains the option to extend this CONTRACT beyond the 2& day of May, 2011. STEP CARSON, VILLA E OF OAK._BROO,Kr, By: nVV�Jt" t Date 7 ' ' / / Tltle: Dated: