Loading...
Resolution 2023-17 Resolution No. 2023-17 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF OSWEGO AND THE UNITED CITY OF YORKVILLE REGARDING JOINT EMPLOYMENT OF A TRAINING COORDINATOR WHEREAS, the United City of Yorkville, Kendall County, Illinois ("Yorkville") is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970; and WHEREAS, the Village of Oswego, Kendall and Will Counties, Illinois ("Oswego') is a duly organized and validly existing home rule municipality created in accordance with the Constitution of the State of Illinois of 1970; and WHEREAS, Yorkville and Oswego each have the authority to enter into agreements pursuant to Article VII, Section 10 of the Illinois Constitution of 1970, and Sections 3 and 5 of the Intergovernmental Cooperation Act (5 ILCS 220/3 and 5) and pursuant to the statutory contracting power of each; and WHEREAS, the parties wish to share the services of a Training Coordinator who will perform training coordination, scheduling, and support for both communities; and WHEREAS, employing a professional Training Coordinator is intended to result in cost savings that exceed the cost of the Training Coordinator; and WHEREAS, Oswego agrees to employ the Training Coordinator, and Yorkville will share fifty percent (50%) of all costs associated with the employment of the Training Coordinator; and WHEREAS, Yorkville has determined it is in its best interests to enter into an Intergovernmental Agreement with Oswego, in the form attached hereto and made a part hereof as Exhibit "A," in furtherance of the stated goals and desires set forth above. Resolution No. 2023-17 Page 1 NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That all of the recitals set forth above are incorporated herein as if fully restated in this Section 1. Section 2. That the Intergovernmental Agreement Between the Village of Oswego and the United City of Yorkville Regarding Joint Employment of a Training Coordinator(the "IGA"), in the form attached hereto and made a part hereof as Exhibit "A," is hereby approved and the Mayor is authorized to execute and deliver said IGA. Section 3. That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 301h day of May, A.D. 2023. (?—C CLERK KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS AYE RUSTY CORNEILS AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this day of �U (u� , A.D. 2023. I MAYOR Resolution No. 2023-17 Page 2 Attest: A WUA V� CIT CLE K Resolution No. 2023-17 Page 3 EXHIBIT A Resolution No. 2023-17 Page 4 EXHIBIT A INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF OSWEGO AND THE UNITED CITY OF YORKVILLE REGARDING JOINT EMPLOYMENT OF A TRAINING COORDINATOR This Agreement is entered into this �day of M 2023, by and between Village of Oswego ("OSWEGO") and the United City of Yorkville ("Yo kville"), 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 Training Coordinator who will perform training coordination, scheduling, and support for both communities; and, WHEREAS, employing a professional Training Coordinator is intended to result in cost savings that exceed the cost of the Training Coordinator; and, WHEREAS, OSWEGO agrees to employ the Training Coordinator, Yorkville will share fifty percent (50%) of all costs associated with the employment of the Training Coordinator. 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. 2.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. 3.Joint Hiring of Individual The parties agree to jointly solicit resumes for a Training Coordinator through job posting avenues to be decided by the Oswego Chief of Police, or his designee. OSWEGO will draft an advertisement and post the position. The Oswego Chief of Police and the Yorkville Chief of Police, or their designees, 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 Oswego Chief of Police and Chief of Police , or their designees. 4.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 hourly pay,reimbursements, payroll taxes, workers compensation insurance, the cost of payroll services, insurance and benefits including, health, life, dental and retirement benefits. 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 as agreed by OSWEGO and YORKVILLE and the costs thereof will be 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 Chiefs of Police 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 Training Coordinator 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 Village Chiefs of Police or their designees. 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 may be terminated by Oswego. If OSWEGO elects to retain the employee, YORKVILLE will owe to Oswego the pay accrued to the date of termination in addition to six months post termination pay. If OSWEGO elects to terminate the employee due to YORKVILLE'S failure to pay, YORKVILLE will reimburse Oswego for all unemployment costs. If the employee is terminated due to the dissolution of this agreement other than Yorkville's failure to pay when required, the cost of unemployment insurance shall be divided. S.Assip_nment 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 Chiefs of Police or their designees, and generally in accordance with the job description Page 2 of 6 attached. In the event of conflicting priorities, the Training Coordinator shall identify priority projects and submit to the Chiefs of Police or their designees to review. The Chiefs of Police or designees shall reach an agreement on the employee's 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. 6.Discipline and/or Termination of Employment Discipline and termination of the employee shall be in accordance with the OSWEGO Personnel Policies Manual. The YORKVILLE Chief of Police shall have the authority to recommend discipline up to and including termination to the OSWEGO Chief of Police who shall have the final authority to impose discipline. 7.Indemnify and Hold Harmless A. Any actions or duties taken, performed or omitted by the Training Coordinator 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 Training Coordinator 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 attorney's fees)resulting from,relating or with respect to, actions or duties taken,performed, or omitted by the Training Coordinator acting as such on behalf of or with respect to the Indemnifying Municipality. For the purposes of this section the term "Municipality shall include the Village together with its officers, officials and employees. B. Any Workers' Compensation Claim made by the Training Coordinator 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 Training Coordinator 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 Training Coordinator 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, Page 3 of 6 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. 8.Term of Agreement (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, 2028, unless terminated for convenience by either OSWEGO or YORKVILLE. Notice of intent to cancel this agreement for convenience shall be served in writing by the terminating party not less than 6 months prior to termination date. (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 as set forth in Section 4 9.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. IO.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. 12.Assij!nment/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. 13.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. 14.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& Chief of Police Village of Oswego Page 4 of 6 100 Parkers Mill Oswego, Illinois 60543 With a copy to: David Silverman Mahoney, Silverman&Cross 822 Infantry Drive, Suite 100 Joliet, Illinois 60435 If to the City: City Administrator& Chief of Police United City of Yorkville 651 Prairie Point Drive 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 parry 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. 15.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 written, and merged herein. This Agreement may be modified only by written instrument executed by the parties. Page 5 of 6 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, Illi s, a municipal corporation By: V i I EagelPresident Attest: , Village Clerk United City of Yorkville, Kendall County, Illinois, a municipal corporation By: Mayor Attest: City Cl r Page 6 of 6 Village of swego Job Description Position Title: Training Coordinator Reports to: Chief of Police FLSA Status: Non-exempt Status: Regular Full-Time— Shared Position with Yorkville Grade: VI Hours of Work: Primarily regular dayshift office hours with some evening and weekend work as needed Statement of Duties Position performs duties to plan, evaluate and coordinate training of all staff of the Oswego and Yorkville Police Departments. Ensure training complies with all relevant and required training for public safety employees pursuant to local MTU and ILETSB standards. In addition, the Training Coordinator will verify compliance with Illinois Police Accreditation and CALEA accreditation. Supervision and Responsibilities Employee works under the general supervision of the Chief of Police. Employee plans and carries out regular work in accordance with standard practices and previous training, with substantial responsibility for determining the sequence and timing of action and substantial independence in planning and organizing work activities, including determining the work methods. The employee is expected to solve, through experienced judgment, most problems of detail or unusual situations by adapting methods or interpreting instructions to resolve the particular problem. Instructions for new assignments or special projects usually consist of statements of desired objectives, deadlines, and priorities. Technical and policy problems or changes in procedures are discussed with the supervisor. Work is generally reviewed for technical adequacy, appropriateness of actions or decisions, and conformance with policy or other requirements; the methods used in arriving at the end result are not usually reviewed in detail. Employee has regular access to a wide variety of confidential information including Administration Department Training Coordinator Grade VI 2023 1 personnel reports and information. Errors can result in legal percussions, adverse public relations, and risk loss of the Department's accreditation status. Job Environment Work requires examining, analyzing, and evaluating facts and circumstances surrounding individual problems, situations or transactions, and determining actions to be taken within the limits of standard or accepted practices. Guidelines include a large body of policies, practices, and precedents that may be complex or conflicting at times. Judgment is used in analyzing specific situations to determine appropriate actions. Position has interactions mainly with internal co-workers and requires ordinary courtesy and tact to give and receive information regarding work. Contacts with the public may be required on an occasional basis. Other contacts may be with governmental agencies and possibly vendors for the purpose of giving or receiving information and assistance in coordinating work. Contact usually occurs in person, in writing, or on the telephone. Position Functions 1. Prepares and executes annual training calendar for all police department personnel in compliance with federal and state regulations, local MTU regulations, department policy, Illinois Police Accreditation requirements and CALEA accreditation requirements. In addition, this position is responsible for the scheduling, planning, organization, coordination and documentation of all departmental training. 2. Recommends new training or modifications in training based on evolving best practices, law changes, new technology and/or community and department need. 3. Maintains a current understanding of all rules, regulations and policies related to police department training. Recommends revisions to internal policies and procedures. Ensure the department(s) maintain compliance with all relevant regulations related to training. 4. Prepares department training budget. Tracks all training-related expenditures, including travel associated with training. Manages all equipment and resources necessary for training. 5. Monitors and tracks employee training. Develops and maintains training reports and training documentation. Refers employee training deficiencies to appropriate supervisor. 6. Secures necessary training resources, including securing and managing vendor contracts in accordance with City/Village policy. 7. Identifies and applies for public safety grants. Administration Department Training Coordinator Grade VI 2023 2 Physical and Mental Requirements Employee works in a moderately loud office environment and is required to stand, walk, sit, talk, listen, and use hands while performing duties. Employee occasionally lifts up to 10 lbs., and seldom lifts up to 30 lbs. Normal vision is required for this position. Equipment operated includes office machines, and computers. Occupational Risk Duties generally do not present occupational risk. Minor injury could occur, however, through employee failure to properly follow common safety precautions or procedures. Education and Experience A candidate for this position must have an Associate's Degree (Bachelor's Degree preferred but not required) in criminal justice or related field, plus three years in police or municipal government experience or equivalent combination of education and experience. Required Certifications A valid driver's license is required. Key Knowledge and Skills Knowledge of: • Modern office practices and procedures • Department operations, policies, and procedures • Local ordinances, state laws and municipal operations Skill and ability in: • Communication, customer service and interacting tactfully with the public and co- workers • Maintain accurate, detailed records and information • Prioritize work and perform multiple tasks simultaneously • Keep privileged information and communication in a confidential manner • Work independently and as a team member • Use of computer software programs and office applications • Prioritize and perform multiple work tasks in a detailed and efficient manner • Organize and maintain accurate and detailed records The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from Administration Department Training Coordinator Grade VI 2023 3 the position if the work is similar, related or a logical assignment to the position. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. Administration Department Training Coordinator Grade VI 2023 4 STATE OF ILLINOIS ) SS COUNTY OF KENDALL ) CLERK'S CERTIFICATE I, Jori Behland, the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois, do hereby certify that I am the keeper of its books and records and that the attached hereto is a true and correct copy of a Resolution entitled: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF OSWEGO AND THE UNITED CITY OF YORKVILLE REGARDING JOINT EMPLOYMENT OF A TRAINING COORDINATOR which Resolution was duly passed by said City Council at a regular meeting held on the 30 day of A.D. 2023. 1 do further certify that a quorum of said City Council was present at said meeting and that the Council complied with all requirements of the Illinois Open Meetings Act. IN WITNESS WHEREOF, I have hereunto set my hand this 5 day of f U VI C , 2023. (;::� )�n njBehlnnd, City Clerk y of Yorkville (Seal) Resolution No. 2023-17 Page 5