IGA Oak Brook & Hinsdate- Shared Use of Technology Support Specialist 09-15-2015 INTERGOVERNMENTAL AGREEMENT
BETWEEN THE VILLAGE OF HINSDALE AND THE VILLAGE OF OAK BROOK
FOR THE SHARED USE OF A TECHNOLOGY SUPPORT SPECIALIST
THIS INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF
HINSDALE AND THE VILLAGE OF OAK BROOK FOR THE SHARED USE OF A
T CHNOLOGY SUPPORT SPECIALIST (this "Agreement') is entered into as of
2015, by and between the VILLAGE OF HINSDALE, an Illinois municipal
co potation ("Hinsdale"), and the VILLAGE OF OAK BROOK, an Illinois municipal corporation
("Oak Brook'). Hinsdale and Oak Brook are sometimes referred to hereinafter as the Party or
Parties.
WHEREAS, both Parties are Illinois municipal corporations organized and existing under
the laws of the State of Illinois; and
WHEREAS, each Party is a unit of local government authorized by Article VII, Section
10 of the Constitution of the State of Illinois of 1970 and the Intergovernmental Cooperation Act
(5 ILCS 22011 et 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 Village Boards of each Party have determined that it is in need of the
services of a Technology Support Specialist; 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 and the costs to employ such
employee equally;
WHEREAS, both Parties acknowledge that the Technology Support Specialist may be
eligible for pension benefits pursuant to the provisions of the Illinois Pension Code and the
Village of Oak Brook personnel policies and that the sharing of costs under the terms of this
Agreement may include the sharing of such pension costs in the form of reimbursements to Oak
brook by Hinsdale for contributions to IMRF as specified herein;
NOW THEREFORE, in consideration of the promises hereof and the mutual covenants
and agreements contained herein, the Parties to this Agreement agree as follows:
SECTION 1. EMPLOYMENT OF THE TECHNOLOGY SUPPORT SPECIALIST.
A. Oak Brook shall use reasonable efforts to employ a Technology Support
Specialist commencing on or about October 1, 2015. Hinsdale shall have an opportunity to
interview the final candidate for the Technology Support Specialist and approve of their hiring
before Oak Brook extends an offer of employment to such candidate. Oak Brook shall require
the Technology Support Specialist to spend 50 percent of his or her time (not including
overtime) providing Services (as defined in Section 2 of this Agreement) to Hinsdale in
accordance with the terms of this Agreement. Notwithstanding anything to the contrary in this
Agreement, Oak Brook shall have the right to terminate the Technology Support Specialist at
any time, in its sole discretion. In the event that Oak Brook terminates the Technology Support
Specialist during the term of this Agreement, Oak Brook shall use reasonable efforts to hire a
replacement Technology Support Specialist.
Approved si to Form
1 Date.
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The Technology Support Specialist's relationship to Hinsdale shall, during the terms of
this Agreement and period of performance of the Service hereunder, be that of an independent
contractor. The Technology Support Specialist shall not be considered as having an employee
status with Hinsdale, and shall not be entitled to participate in any employee plans,
arrangements or distributions by Hinsdale pertaining to or in connection with any pension or
retirement plans, nor shall the Technology Support Specialist be eligible for any other benefits
available for the regular employees of Hinsdale, such as health insurance, vacation time,
compensatory time or sick leave. Hinsdale shall not make or be required to make any payment
to the Technology Support Specialist, and the only sums payable by Hinsdale under this
Agreement are those reimbursements to Oak Brook detailed in Section 6 below.
SECTION 2. QUALIFICATIONS . AND DUTIES OF THE TECHNOLOGY SUPPORT
SPECIALIST.
The Technology Support Specialist shall meet the following minimum qualifications:
Bachelor's degree from an accredited college or university in Computer Information
Technology, Computer Science, Management Information Systems or equivalent
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 (collectively, "Services"):
A. Perform all computer equipment checkout, repair and maintenance (maintain
and repair all technology equipment including printers, computers, monitors, AV equipment)
peripherals and telecommunications);
B. Install all software updates and deploy all image management;
C. Manage username, passwords, and supplies as needed;
D. Support web pages;
E. Troubleshoot issues and track all time and tickets in a centralized system;
F. Devote his or her best efforts to support the technology infrastructure of each
Party and not undertake or accept other employment or responsibilities in conflict with his or her
assigned duties;
G. Regularly be available to provide support and assistance after-hours as required
either by Hinsdale or Oak Brook; and
H. Serve as a backup broadcast technician for Hinsdale.
SECTION 3. PERSONNEL POLICIES.
The Technology Support Specialist shall be made to follow all applicable personnel
policies of a Party while performing Services for the applicable Party. The Technology Support
Specialist shall also be made to maintain records and reports in accordance with the policies of
each applicable Party and any 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
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which the applicable Services are provided. Each Party shall use reasonable efforts to insure
that the Technology Support Specialist shall not disclose one Party's confidential information to
the other Party without advance approval from the applicable Party.
SECTION 4. FACILITIES, MATERIALS AND EQUIPMENT.
Each Party shall provide to the Technology Support Specialist during the term of this
Agreement:
A. All forms, equipment and supplies necessary for the Technology Support
Specialist to perform his or her duties;
B. An appropriate work space for the Technology Support Specialist to provide the
applicable Services; and
C. Copies of all pertinent policies, rules and regulations with regard to the duties of
the Technology Support Specialist and his or her employment.
SECTION 5. INSURANCE.
Each Party is a member of the Intergovernmental Risk Management Agency ('9RMA'J.
Before the Technology Support Specialist is employed, the Parties must contact IRMA to
confirm how IRMA will handle claims that may arise during the term of this Agreement related to
the Technology Support Specialist. That conformation will be memorialized in a letter or other
document shared by the Parties.
SECTION 6. COST OF SERVICES.
A. Wages and Benefits Paid to the Technology Support Specialist. As an
employee of Oak Brook, Oak Brook will be responsible for paying for, and providing, all
customary and usual wages and benefits to the Technology Support Specialist while employed
by Oak Brook and for providing Services to Hinsdale, which wages and benefits include, without
limitation, health insurance, dental insurance, long-term life and disability insurance, and any
contributions due to IMRF, FICA, and Medicare (collectively, "Labor Costs"). The Technology
Support Specialist's salary shall be subject to the Parties mutual consent before Oak Brook
hires the Technology Support Specialist, which salary's annual increases must be agreed to in
advance by both Parties.
B. Reimbursement for Labor Costs. Hinsdale shall be responsible for
reimbursing Oak Brook for one-half (1/2) of all Labor Costs other than overtime wages incurred
by Oak Brook during the term of this Agreement. Oak Brook will invoice Hinsdale for its share
of the Labor Costs every 30 days, which Hinsdale must pay within 30 days of receipt.
C. Overtime. While Oak Brook will be responsible for paying the Technology
Support Specialist any overtime wages for which the Technology Support Specialist may be
eligible, each Party will be responsible for all of costs related to overtime that they are
responsible for creating. Hinsdale shall reimburse Oak Brook for any overtime costs it is
responsible for within 30 days of receiving an invoice from Oak Brook.
D. Cell Phone Stipend. In the event that either Party desires to provide the
Technology Support Specialist a cell phone or a stipend to cover the Technology Support
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Specialist's cell phone expenses, the-Parties shall reach a mutual agreement on how to share
the costs therefor.
SECTION 7. HINSDALE'S DISCONTINUANCE OF THE USE OF THE TECHNOLOGY
SUPPORT SPECIALIST.
Hinsdale may immediately stop using the Services of the Technology Support Specialist
if it reasonably determines that the Technology Support Specialist has failed to adequately
perform the Services or violates any laws or applicable personnel policies of Hinsdale provided
that Hinsdale provides Oak Brook prior written notice as required in Section 8. In the event that
Hinsdale stops using the Technology Support Specialist pursuant to this Section 7 during the
term of this Agreement, Hinsdale shall reimburse Oak Brook for one-half (1/2) of the Labor
Costs incurred up to the date of stoppage.
SECTION 8. TERM OF THE AGREEMENT
This Agreement shall be effective upon the execution by the Parties and shall continue
until such time as either Party determines that the shared service of a Technology Support
Specialist is no longer desired, provided that the Party desiring to terminate this Agreement
provides the other party no less than 60 days written notice. Hinsdale's obligations to reimburse
Oak Brook for Hinsdale's share of the Labor Costs that are incurred during the term, or that
arise as a result of this Agreement, shall survive the termination of this Agreement, even if such
Labor Costs are unknown or not yet incurred by Oak Brook when this Agreement is terminated.
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SECTION 9. INDEMNIFICATION.
Each Party (the "Indemnifying Party') hereby agrees to indemnify and hold harmless
the other Party (the "Indemnified Party') from and against any and all losses, claims, expenses
and damages (including reasonable attorneys' fees) made against or incurred by the
Indemnified Party for any actions taken, or failures to act, by the Indemnifying Party in
connection with the provision of the Services to the extent that such claims were not caused by
actions, or failures to act, of the Indemnified Party.
SECTION 10. SEVERABILITY.
If any provision of this Agreement is construed or held to be void, invalid, or
unenforceable in any respect, the remaining provisions of this Agreement shall not be affected
thereby but shall remain in full force and effect.
SECTION 11. INTERPRETATION.
It is the express intent of the Parties that this Agreement shall be construed and
interpreted so as to preserve its validity and enforceability as a whole. In case of any conflict
among the provisions of this Agreement, the provision that best promotes and reflects the intent
of the Parties shall control. This Agreement shall be construed without regard to the identity of
the Party who drafted the various provisions of this Agreement. Moreover, each and every
provision of this Agreement shall be construed as though all Parties to this Agreement
participated equally in the drafting thereof. As a result of the foregoing, any rule or construction
that a document is to be construed against the drafting party shall not be applicable to this
Agreement.
SECTION 12. AMENDMENTS AND MODIFICATIONS.
This Agreement shall not be modified, changed, altered, or amended without the duly
authorized and written consent of each of the Parties by their respective corporate authorities
and pursuant to ordinances or resolutions duly adopted and approved by the Party's corporate
authorities. No amendment or modification to this Agreement shall be effective until it is
reduced to writing and approved by the corporate authorities of each Party and properly
executed in accordance with all applicable law.
SECTION 13. AUTHORITY TO EXECUTE.
Each Party hereby warrants and represents to each other Party that the person
executing this Agreement on its behalf has been properly authorized to do so by the corporate
authorities of the Party.
SECTION 14. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement shall create, or shall be construed or interpreted to create,
any third party beneficiary rights.
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SECTION 16. EXECUTION.
This Agreement shall be executed by all of the Parties in identical original duplicates and
each of the duplicates shall, individually and taken together, constitute one and the same
Agreement.
SECTION 16. 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.
N WITNESS WHEREOF, the Parties have by their duty authorized officers and
` represe tives set their hands and affixed their seals to be effective as of the Effective Date of
this Agree ent.
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AGENDA ITEM
Regular Board of Trustees Meeting
of
September 8,2015
SUBJECT; Intergovernmental Agreement with Village of Hinsdale for a Shared Information
Technology Support Specialist
FROM: Jim Fox,Information Technology Director
BUDGET SOURCE/BUDGET IMPACT: $32,000 Program 151 Information Technology i
Services
RECOMMENDED MOTION: I move to approve Resolution 2015-PL-IT-IGA-MUNI-R- _
1492,a Resolution Approving and Authorizing an Intergovernmental Agreement Between
the Village of Oak Brook and the Village of Hinsdale for the Shared Use of a Information
Technology Support Specialist.
Background/History:
Attached is a proposed intergovernmental agreement between the Village of Oak Brook and the
Village of Hinsdale for the shared use of a Technology Support Specialist.
During the staff cutbacks a few years ago,the IT division was reduced from 3 full time and 2
part time employees to 2 full time employees and 1 part time employee. We have had difficulty
keeping qualified part time IT staff and have had to use more expensive consultants. We
discussed the idea of sharing a full time IT employee. Some local governments are now moving
towards this employment model of sharing personnel with other local governments to save costs.
In 2012,the Village entered into an intergovernmental agreement with Butler School District 53
for the Shared Use of an Information Technology Support Specialist.The shared employee
concept worked well for over two years;however the school district decided to move the shared
employee to full-time status in their organization earlier this year. Following this staffing
change,Village staff met with other local municipal governments to see if there was interest in
creating an agreement like we had with Butler School District 53. The Village of Hinsdale
responded that they were interested in an intergovernmental agreement to address their
Information Technology staffing needs.
While the cost of hiring a full time employee will be higher(estimated $32,000 for our share
versus $25,000 for a part time employee), we expect to get a more qualified employee who
would also have a longer tenure than a part time employee. The employee will actually be a
Village of Oak Brook employee, but the Village of Hinsdale will be involved in interviewing and
hiring the employee. The employee's responsibilities for the IT division will be:
• Setup &Maintaining Computers
• Makes recommendations and assists with the purchase of computer equipment.
• Provides setup and configuration of computers and associated devices.
• Installs and configures software applications on computers as required.
• Keeps inventory records of all IT hardware and software products.
• Help Desk Function
• Answers and responds to Help Desk calls.
• Maintains a detailed log of all help desk calls.
• Performs hands-on repairs at the desktop level including
• Installing and upgrading software
• Implementing file backups and
• Configuration of systems and applications.
• Maintains maintenance and repair records of all ITS equipment.
• Performs computer security and patch updates as necessary
• Perform post-resolution and follow-up to all Help Desk calls.
• Purchasing Supplies
o Will assist in.purchasing IT Division supplies in order to maintain an adequate
supply of all Division expendables.
• Backup Procedures
o Performs daily and weekly data backup procedures as detailed in the IT Division
policies.
• Network Support
• Is able to create user login and email accounts using Active Directory
• Assists end users with network authentication issues.
• Is responsible for assuring that all Village computers are receiving current
operating system updates/patches and virus/spyware definition updates.
• Is responsible for cleaning infected computers from virus, spyware and malware.
• Assists in departmental technology projects, from research through
implementation.
• Disposing of Obsolete Equipment
Recommendation:
That the Village Board of Trustees approve Resolution 2015-PL-IT-IGA-MUNI-R-1492
approving and authorizing an Intergovernmental Agreement between Village of Hinsdale and the
Village of Oak Brook for shared use of an Information Technology Support Specialist.
RESOLUTION 2015-PL-IT-IGA-MUNI-R-1492
A RESOLUTION APPROVING AND AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BY AND BETWEEN THE VILLAGE OF OAK BROOK AND THE VILLAGE OF HINSDALE
FOR THE SHARED USE OF A TECHNOLOGY SUPPORT SPECIALIST
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 220/1 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 efforts, 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, the Village of Hinsdale ("Hinsdale") 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 Hinsdale 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 Hinsdale have prepared an intergovernmental agreement
("Agreement'), attached hereto as Exhibit A, to facilitate the hiring of one full-time Technology Support
Specialist, whose services and costs the Village and Hinsdale 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;
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 Hinsdale in a final 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 2015-PL-IT-IGA-MUNI-R-1492
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.
APPROVED THIS 8th day of September, 2015
Gopal G. Lalmalani
Village President
PASSED THIS 8th day of September, 2015
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Resolution 2015-PL-IT-IGA-MUNI-R-1492
Approving and Authorizing the Shared
Technology Support Specialist Agreement
Page 3 of 3
EXHIBIT A
[Intergovernmental Agreement]