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Ordinance 2017-74 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2017-74 ORDINANCE APPROVING AN INTERGOVERNMENT AGREEMENT BETWEEN THE VILLAGE OF OSWEGO AND THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,REGARDING JOINT EMPLOYMENT OF A FACILITIES MANAGER Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 12'h day of December,2017 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on December 21,2017. Ordinance No. 2017- ORDINANCE APPROVING AN INTERGOVERNMENTAGREEMENT BETWEEN THE VILLAGE OF OSWEGO AND THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,REGARDING JOINT EMPLOYMENT OF A FACILITIES MANAGER WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), is a non-home rule municipality duly organized in accordance with the 1970 Constitution and the laws of the State of Illinois; and, WHEREAS,the Village of Oswego, Kendall and Will Counties, Illinois ("Oswego") and the United City of Yorkville, Kendall County, Illinois ("Yorkville") are prepared to enter into an intergovernmental agreement providing for the sharing of services pursuant to Section 5 of the Illinois Intergovernmental Cooperation Act (5 ILCS 220/5) in order to serve the operations of their respective governments in the most professional and cost efficient manner; and, WHEREAS, Oswego and Yorkville require the services of a "Facilities Manager" to manage the construction, repair and maintenance of their respective governmental facilities and have determined that the needs of both municipalities may be served by a single employee; and, WHEREAS, Oswego and Yorkville have agreed upon a job description and are prepared to jointly interview and select a person to fill the position as a"Facilities Manager" and share in the costs of training, wages, employment related taxes, insurance and benefits for this employee as well as reimbursements of travel and supplies, all as set forth in the Intergovernmental Agreement attached hereto. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the: "INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF OSWEGO AND THE UNITED CITY OF YORKVILLE REGARDING JOINT EMPLOYMENT OF A FACILITIES MANAGER" Ordinance No.2017- '7q Page 2 attached hereto and made a part hereof is hereby approved; the Mayor and City Clerk are authorized to execute; and, the City Administrator is hereby authorized to proceed with any and all actions to implement its terms. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this L2—day of De C � �-�l� , A.D. 2017. Z" City Clerk CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI ARDEN JOE PLOCHER 1 CHRIS FUNKHOUSER JOEL FRIEDERS SEAVER TARULIS ALEX HERNANDEZ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this_! L day of �EGEj71U►�t� , A.D. 2017. 1-4 Mayor i Attest: Ciity C erk Ordinance No.2017- 7q Page 3 Exhibit A INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF OSWEGO AND THE UNITED CITY OF YORKVILLE REGARDING JOINT EMPLOYMENT OF A FACILITIES MANAGER This Agreement is entered into this q%y of 'D EC . ' 2017, by and between Village of Oswego ("OSWEGO") and the United City of Yorkville ("Yorkville"), collectively referred to as the "parties." WHEREAS, OSWEGO is a home rule unit of local government organized and existing under the laws of the State of Illinois; and, WHEREAS, Yorkville is a non-home rule unit of local government organized and existing under the laws of the State of Illinois; and, WHEREAS, in addition to other powers possessed by the parties, this Agreement is entered into pursuant to Article VII of the Illinois Constitution and pursuant to the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/3, et. seq. WHEREAS, the parties wish to share the services of a Facilities Manager who will direct the operation and maintenance of the municipal buildings; and, WHEREAS, a professional Facilities Manager will manage the budget, capital planning and contracts related to facility construction, repair and maintenance; and, WHEREAS, employing a professional Facilities Manager is intended to result in streamlined maintenance and repair of the municipal buildings; and, WHEREAS, OSWEGO agrees to employ the Facilities Manager and YORKVILLE will share fifty percent(50%) of all costs associated with the employment of Facilities Manager. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and obligations expressed herein and other good and valuable consideration, the sufficiency, adequacy and receipt of which are hereby acknowledged, IT IS HEREBY AGREED by the parties as follows: 1. RECITALS The parties acknowledge that the statements and representations made in the foregoing recitals are true and correct, and are hereby incorporated into this Agreement as if fully set forth in this Section 1. Employment The payment of wages to the employee and the accounting of liability and payment for all employment related taxes, insurance costs and benefit costs shall be the responsibility of OSWEGO. Page 1 of 2 Exhibit A Joint Hiiring of Individual The parties agree to jointly hire a Facilities Manager through normal job posting avenues to be decided by the Oswego Administrator and agreed to by the Yorkville Administrator. OSWEGO will draft an advertisement and post the position. The Yorkville Administrator and the Oswego Administrator,or their designee,will jointly select potential candidates and both parties will be present for any interviews with prospective employees. The decision to select a prospective employee will be jointly made by the Yorkville Administrator and Oswego Administrator, or their designee. Cost Sharing OSWEGO and YORKVILLE agree to share evenly(fifty percent to each)all costs related to the wages, costs, and benefits for the employee. Costs shared shall include the bi-weekly salary,reimbursements, payroll taxes,workers compensation insurance,the cost of payroll services, insurance and benefits including,health, life, dental and retirement benefits,travel reimbursement or Village vehicle for work use. OSWEGO shall perform or cause to be performed,as part of OSWEGO's role as employer,all federal, state and local employment withholding and tax reporting obligations. OSWEGO shall also provide payroll service to the employee and cover the employee under a workers compensation insurance policy that meets all applicable laws and statutes and is issued by an Illinois licensed insurer. Said costs shall be paid in full by OSWEGO and upon receipt of proper documentation,reimbursed at fifty percent by YORKVILLE to OSWEGO as invoiced by OSWEGO. OSWEGO will provide for all typical offices supplies, specialized supplies,equipment and technology purchased for the purpose of managing purchasing process as agreed by OSWEGO and YORKVILLE and shared evenly. Costs incurred to provide services for either municipality and without the agreement of the other municipality shall be fully paid for by the municipality receiving the services. The rate of pay and budget for professional development training,memberships and resources will be agreed to between the Administrators or designees of OSWEGO and YORKVILLE. The employee shall be employed in accordance with the OSWEGO Personnel Policies Manual and other policies applicable to similarly situated employees in OSWEGO. The Facilities Manager shall have no entitlement to compensation or benefits applicable to employees of YORKVILLE and shall not be subject to YORKVILLE's personnel policies and practices. Additional costs not specifically outlined in this agreement will be discussed and agreed to between the Administrators or their designees. The Administrators recognize that the position may require significant travel within each individual municipality. The Administrators shall agree to either equally share the cost of travel for the Facilities Manager. If the Administrator's agree to issue the Facilities Manager a Village vehicle for work use, OSWEGO and YORKVILLE will each share fifty percent(50%)of the value of the issued vehicle. OSWEGO will invoice YORKVILLE the vehicle cost upon assigning the vehicle to the Facilities Manager,and share the cost of maintenance and repair of the vehicle. OSWEGO and YORKVILLE will share the profit of a disposed vehicle or transfer such profit to the purchase of a new vehicle for the Facilities Manager. If the Administrators agree to provide a mileage reimbursement or vehicle allowance to the Facilities Manager,the cost will be evenly divided. Page 2 of 2 Exhibit A If the required reimbursement payments are not made for any month due,OSWEGO will give notice to YORKVILLE and provide 30 days to cure. If the payment is not made within the time frame,the intergovernmental agreement is terminated. If OSWEGO elects to retain the employee,YORKVILLE will owe six months of pay. If OSWEGO elects to terminate the employee due to YORKVILLE's failure to pay, YORKVILLE will owe all unemployment costs. If the employee is terminated due to the dissolution of this agreement,the cost of unemployment insurance shall be divided. Assienment of Duties The duties of the employee shall be as provided in the job description(attached hereto and incorporated herein). The parties may modify the job description at anytime by joint agreement. The assignment of the employee and the hours and working conditions for the employee shall be as agreed to by the Administrators or their designees, and generally in accordance with the job description attached. In the event of conflicting priorities,the Facilities Manager shall identify priority projects and submit to the Administrators or their designees to review. The Administrators or designees shall reach an agreement on the employees priorities based. The employee shall track hours worked by project and community on a weekly basis and remit to the Administrators or their designees. All Personnel rules of OSWEGO that are applicable to the employee shall continue to apply to the employee when the employee is assigned to perform services for YORKVILLE pursuant to the intergovernmental agreement. Discipline and/or Termination of Employment Discipline and termination of the employee shall be in accordance with the OSWEGO Personnel Policies Manual. The YORKVILLE Administrator or designee shall have the authority to recommend discipline up to and including termination to the OSWEGO Administrator or designee who shall have the final authority to impose discipline. Indemnify and Hold Harmless A. Any actions or duties taken,performed or omitted by the Facilties Manager on behalf of or with respect to a Municipality shall not create liability to the other Municipality. Nevertheless, in the event that a Municipality is made a defendant in a lawsuit (hereinafter, the "Defendant Municipality")as a result of actions or duties taken, performed or omitted by the Facilities Manager while assigned to a particular municipality (hereinafter the "Indemnifying Municipality"),the Indemnifying Municipality shall indemnify the Defendant Municipality, as follows. Each Municipality hereby indemnifies and holds harmless the other Municipality against and from any liability, claim, cost, or expenses (including without limitation court costs and attorneys fees) resulting from, relating or with respect to, actions or duties taken,performed or omitted by the Facilities Manager acting as such on behalf of or with respect to the Indemnifying Municipality. Page 3 of 3 Exhibit A B. Any Workers' Compensation Claim made by the Purchasing Manager shall be paid under OSWEGO's Workers' Compensation Policy. If a significant claim is incurred, Yorkville shall share in a portion of the resulting premium increase for a term of five years. C. For any claims made by the Facilities Manager with respect to his/her employment, based on decisions implemented by OSWEGO following consultation with YORKVILLE , the liability, if any, for such claims shall be shared by the Municipality on the following basis: OSWEGO 50%and YORKVILLE 50%. A settlement offered for a claim with shared liability shall be agreed to by both Municipalities. The Municipality incurring such liability shall promptly issue an invoice to the other Municipality itemizing the payments to be reimbursed. The other Municipality shall pay the amount invoiced within sixty (60) days after receipt of the invoice. If any Municipality should learn or become aware of any claim or possible claim it shall notify the other Municipality immediately. For all other claims made by the Facilities Manager with respect to his/her employment based on the acts or omissions of a Municipality, such claims shall not create liability to the other Municipality. Each Municipality hereby indemnifies and holds harmless the other Municipality against and from any liability, claim, cost, or expenses (including without limitation court costs and attorney's fees)resulting from, relating or with respect to, actions taken or omissions of the Indemnifying Municipality. Term of Aereement (A)The term of this intergovernmental agreement shall begin with the execution of this Agreement by both parties and shall remain in force and effect until December 31,2022, unless terminated by either OSWEGO or YORKVILLE. Notice of intent to cancel this agreement by either party shall be served in writing at least six(6)months prior to the date of cancellation. (B)This Agreement may also be terminated immediately if one party commits any material breach or material default in the performance of any obligation under this agreement(other than the payment of money)." Amendment Any terms or conditions of this Agreement may be deleted or altered only by written amendment or modification to this Agreement, duly executed by each Municipality. Severability If any provision of this Agreement shall be held or deemed to be, or shall in fact be inoperative or unenforceable in any particular case or in all cases for any reason, this shall not render the provision in question inoperative or unenforceable in any other case or circumstances, or render any other provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or sections contained in the Agreement shall not affect the remaining portions of the Agreement or any part thereof. Page 4 of 4 Exhibit A Assignment/Binding Effect Neither party may assign its respective rights and duties hereunder except upon prior written consent of the other party. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective assigns, legal representatives and successors in interest. Post Termination Upon termination of this Agreement, OSWEGO must promptly deliver all final statements of YORKVILLE's allocated share of the personnel costs incurred through the date of termination for reimbursement as stated above. Provided,however,that monetary obligations that are incurred or accrued prior to the date of termination shall survive the termination of the Agreement and shall constitute continuing obligations until satisfied in full. Notices Notices to the parties shall be in writing and delivered by personal service or by the U.S.P.S. certified or registered mail,postage prepaid,to the parties at the following addresses: If to the Village: Village Administrator Village of Oswego 100 Parkers Mill Oswego, Illinois 60543 With a copy to: David Silverman Mahoney, Silverman and Cross 822 Infantry Drive, Suite 100 Joliet, Illinois 60435 If to the City: City Administrator United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 With a copy to : Kathleen Field Orr Kathleen Field Orr&Associates 53 West Jackson Blvd., Suite 964 Chicago, Illinois 60604 Either party may change the address for notices to such party by giving written notice to the other party. Notice given by personal service shall be effective upon the dated delivered notice, if delivered or the date of attempted delivery, if refused. Notice given by mail shall be effective on the third business day following the posting. Entire Agreement This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and all prior or contemporaneous agreements, understandings, representations and statements, oral or Page 5 of 5 Exhibit A written, and merged herein. This Agreement may be modified only by written instrument executed by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. Village of Oswego, Kendall and Will Counties, Illinois, a municipal corporation ````�,,•��pE OF ps �,���, ,�.GpFtPOq,��;•. 0 By: Village resident ya'. SEAL :`o oUN Attest: �+""•�`• ''��nnnnuuaa Village Clerk United City of Yorkville, Kendall County, Illinois, a municipal corporation By: 1V1ZV)1':7d Mayor Attest: City Cler 9 Corporate • SEAL • Page 6 of 6 L illage of swego POSITION DESCRIPTION Position Title: Facilities Manager Reports to: Village Administrator of Oswego and Yorkville or designee FLSA Status: Exempt Status: Regular Full-Time Grade: IX Hours of Work: Primarily regular dayshift office hours, with evening and weekend hours as needed. Statement of Duties Position performs duties related to the operation and maintenance of municipal buildings for the Village of Oswego and the United City of Yorkville in a collaborative arrangement. Professional and administrative duties in the planning, developing, and implementing of building maintenance services in accordance with best practices and legal guidelines. Position identifies shared purchasing and contracting opportunities in developing long-range building maintenance plans, as well as managing routine maintenance on municipal buildings. Supervision Works under the direction of an intergovernmental agreement between the Village of Oswego and United City of Yorkville under the direction of the respective Village Administrators or their designees. Position works in accordance with the applicable statutes of the State of Illinois and local municipal ordinances. Employee functions independently, referring specific problems to the supervisor only where clarification or interpretation of Village policy or procedure is required. Performs highly responsible functions of a complex and technical nature requiring the frequent exercise of judgment and initiative to ensure that facility maintenance planning maximizes public investment. Employee may provide direction to employees regarding building maintenance and work orders. Contracting and bidding processes are conducted in accordance with State and local laws and to accepted professional standards; employee works independently within established policies and procedures. Administration Facilities Manager Exempt 2017 1 Job Environment Work requires frequent contact with all Village and City departments, consultants and contractors, requiring administrative and technical knowledge, and ability to promote and protect the Village's best interests. Employee frequently directs contractors and employees on desired outcomes and deadlines. Contacts may require considerable skill in negotiation,resourcefulness and discretion in influencing decisions and behavior of others. Errors may result in financial loss, interruption in operations and/or exposing others to hazardous situations. Position Functions The essential functions or duties listed below are intended only as illustration of the various types of work that maybe performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to, or extension of the position. Essential Functions 1. Oversees the condition of all Village facilities, including cleaning, repair, general maintenance and facility improvements and expansions. Oversight includes but is not limited to construction,plumbing, HVAC, fire protection systems, ancillary building equipment, electrical, carpentry, and painting. 2. Conducts regular inspection of municipal buildings to assess condition and maintenance needs. Conducts regular building safety inspections. I Prepares and recommends annual update to respective the Building Maintenance Plans for the Village of Oswego and United City of Yorkville. Prepares capital planning budgets and justifications, including cost estimates and developing justification for capital investments. 4. Monitors and approves expenditures, grants, state and federal money used in the construction and maintenance of municipal facilities and related equipment. Recommends purchases of equipment and services. Notifies supervisor of emergency expenditures that exceed budget and in accordance with purchasing policy. 5. Manages the work of building maintenance contracts; evaluates responses to bids and recommends selection of contractor. Administers contract, approves payment and evaluates work performed. Administration Facilities Manager Exempt 2017 2 6. Responds to building emergencies and takes appropriate action. Maintains a Disaster and Evacuation Plan. 7. Seeks opportunities for service sharing,joint contracting or other innovative approaches to facilities maintenance that promote the efficiency and cost- effectiveness of municipal buildings. 8. Attends staff and governing board meetings as required and makes recommendations as assigned on subjects under discussion. 9. Performs other duties as required. Recommended Minimum Qualifications Physical and Mental Requirements Employee works in a moderately loud office and outdoors on loud work sites. Occupational hazards include exposure to outdoor weather conditions,high places, confined spaces,toxic or caustic chemicals, fumes or airborne particles, moving mechanical parts, risk of electric shock, and cave-ins. Employee is required to stand, walk, sit,talk, listen,use hands, climb, balance, stoop, kneel, and reach with hands and arms while performing duties. Employee frequently lifts up to 10 lbs., occasionally lifts up to 601bs., and seldom lifts up to or more than 100 lbs. Normal vision is required for the position. Equipment operated includes trucks in excess of 26,001 lbs., light trucks, automobile, heavy equipment, light equipment, medical equipment,pneumatic tools,power tools, hand tools, office machines and computers. Education and Experience Associate's degree plus three to five years' work experience in building maintenance, facility management, construction management or related activity or an equivalent combination of education and experience required. Management experience, including contract negotiation and budgeting, or demonstrated proficiency also required. Valid driver's license required. Knowledge, Skills and Abilities A candidate for this position should have knowledge of. • Knowledge of municipal government functions and practices. • Considerable knowledge of general management and organization principles and practices. • Ability to direct and supervise personnel. • Knowledge of building, grounds, and facilities repair, renovation and construction techniques. Administration Facilities Manager Exempt 2017 3 • Working knowledge of current materials, methods, tools and equipment used in building trades (carpentry electrical,painting,plumbing, and HVAC). • Familiarity with HazMat,ADA and OSHA laws and associated regulations. Skill in: • Building maintenance cost estimating and budgeting. • Working with people including persuasive communication and interpersonal skills as it applies to vendors, municipal staff and the general public. • Grammar and business writing/correspondence • Planning and prioritizing work And ability to: • Use plan, organize and coordinate work practices relating to building maintenance. • Work independently and efficiently • Keep information and records organized and to pay attention to detail • Manage multiple tasks in a detailed, efficient manner Administration Facilities Manager Exempt 2017 4