HomeMy WebLinkAbout5.4 Resolution Authorizing the Village Manager to execute a Memorandum of Understanding Establishing the Northern Illinois Benchmarking Cooperative1/3/2018 BoardDocs® Pro
Agenda Item Details
Meeting Jan 03, 2018 - SPECIAL MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - 7:00 p.m.
Category 5. CONSENT AGENDA
Subject 5.4 A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING ESTABLISHING THE NORTHERN ILLINOIS BENCHMARKING COOPERATIVE.
Type Action (Consent)
Fiscal Impact Yes
Dollar Amount 5,299.54
Recommended Action Approval of a Resolution authorizing the Village Manager to execute a Memorandum of
Understanding establishing the Northern Illinois Benchmarking Cooperative.
Information
In February 2016, Lake Forest began discussions with other Northern Illinois communities about potentially forming a
performance management cooperative, what has since become known as the Northern Illinois Benchmarking Cooperative
(NIBC).
NIBC was formed on the idea that communities should jointly explore, develop, and share performance metrics that
support the collaborative assessment of trends and operational best practices in order to improve service levels, create
more efficient practices and innovate government. Rather than just collecting data for the sake of collecting data, the
process starts with first understanding the key challenges and decisions within selected service areas that we want to
explore, and then coming up with the metrics to help address the question. Once the metrics are agreed upon and the
data is collected, cleansed and validated, the participants meet to discuss what the data is telling us and how we can
improve operations.
The cooperative recognized the need for third party involvement to help the NIBC by providing data and benchmarking
administrative support. This support includes measure development, data collection, data validation, data analysis, and
producing a final data report. Through a request for qualifications, the University of Illinois at Chicago Department of
Public Administration was selected to provide data and benchmarking administrative support.
There are a total of twelve (12) Northern Illinois municipalities that have committed to being members of NIBC, including
Lake Forest, Lake Bluff, Buffalo Grove, Schaumburg, Glencoe, Wilmette, River Forest, Lincolnshire, Arlington Heights,
Hoffman Estates and Wheeling.
The City of Lake Forest will serve as the lead agency entering into a contract with the University of Illinois at Chicago in
the amount of $63,594.47. Each of the 12 participating communities will execute a binding memorandum of
understanding to become a party to this agreement. The cost per community will be $5,299.54.
Staff will keep the Board posted on the status of assessments being conducted by the NIBC, with regular progress
reporting throughout the year.
Alternatives
1. Approval of a Resolution authorizing the Village Manager to execute a Memorandum of Understanding establishing the
Northern Illinois Benchmarking Cooperative.
2. Action at discretion of Village Board.
Staff Recommendation
Staff recommends Village Board approval of a Resolution authorizing the Village Manager to execute a Memorandum of
Understanding establishing the Northern Illinois Benchmarking Cooperative.
https://www.boarddocs.com/il/vomp/Board.nsf/Public 1/2
1/3/2018
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All items under Consent Agenda are considered routine by the Village Board and will be enacted by one motion. There will
be no separate discussion of those items unless a Board member or member from the audience so requests, in which the
item will be removed from the Consent Agenda and considered in its sequence on the agenda.
https://www.boarddocs.com/il/vomp/Board.nsf/Public 2/2
RESOLUTION NO. - 18
A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING ESTABLISHING THE NORTHER ILLINOIS
BENCHMARKING COOPERATIVE (NIBC)
WHEREAS, The Village of Mount Prospect, Illinois is a home rule unit of local
government pursuant to Article 7, Section 6 of the Constitution of the State of Illinois;
and
WHEREAS, the Northern Illinois Benchmarking Cooperative (NIBC) was formed on
the idea that communities should jointly explore, develop, and share performance
metrics in order to improve service levels, create more efficient practices, and
innovate government; and
WHEREAS, the charter members of the NIBC include the communities of Lake Forest,
Lake Bluff, Buffalo Grove, Schaumburg, Glencoe, Wilmette, River Forest,
Lincolnshire, Arlington Heights, Hoffman Estates, Mount Prospect and Wheeling; and
WHEREAS, NIBC selected the University of Illinois at Chicago Department of Public
Administration to provide data and benchmarking administration support to the
NIBC; and
WHEREAS, the City of Lake Forest will serve as the lead agency entering a contract
with the University of Illinois at Chicago, and each of the participating communities
will execute a binding Memorandum of Understanding to become a party to this
agreement; and
WHEREAS, the Village Board finds that it is in the public's best interest that the
Memorandum of Understanding attached hereto as Exhibit A be entered into.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF
THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That under the authority vested in the corporate authorities of the
Village of Mount Prospect, the Mayor and Board of Trustees have determined that it
is necessary and desirable for the Village of Mount Prospect to enter into the
Memorandum of Understanding attached as Exhibit A.
SECTION TWO: That the Village Manager is hereby authorized to execute a
Memorandum of Understanding establishing the Northern Illinois Benchmarking
Cooperative and relating to an agreement between the City of Lake Forest and the
University of Illinois attached hereto as Exhibit A.
SECTION THREE: That this Resolution shall be in full force and effect from and after
its passage and approval in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of January 2018.
Arlene A. Juracek
Mayor
ATTEST:
Karen M. Agoranos
Village Clerk
BINDING MEMORANDUM OF UNDERSTANDING ESTABLISHING THE NORTHERN
ILLINOIS BENCHMARKING COOPERATIVE AND RELATING TO AN AGREEMENT
BETWEEN THE CITY OF LAKE FOREST AND THE UNIVERSITY OF ILLINOIS
THIS BINDING MEMORANDUM OF UNDERSTANDING (the "MOU') is made as of
September 25, 2017 (the "Effective Date"), by and among the Illinois municipalities set forth in
Exhibit A, attached hereto, which municipalities shall be referred to herein collectively as the
"Parties," and each individually as a "Party?'. The Parties, for good and valuable consideration
and intending to be bound hereby, agree as follows:
Section 1. Back,round.
A. The City of Lake Forest ("Lake Forest) has approved and executed, or will
approve and execute, an "Agreement Between the Board of Trustees of the University of Illinois
and The City of Lake Forest" dated September 25, 2017 (the "Agreement'), in substantially the
form attached hereto as Exhibit B. As set forth in further detail in the Agreement, the University
of Illinois ("University'') has agreed to perform certain research and data analysis services to
assist Lake Forest and other municipalities in developing objective benchmarks for staff
productivity and addressing other areas of interest to the participating municipalities (the
"Services"). The Agreement has an initial term of one year and may be renewed for subsequent
one-year terms. Each such one-year term shall be referred to herein as an "Agreement Term".
B. Under the Agreement, the University has agreed to provide the Services to, and
for the benefit of, a "Cooperative" consisting of Lake Forest and other Illinois municipalities that
have entered into an intergovernmental memorandum of understanding for such purpose.
C. The Parties desire to enter into this MOU to form the Northern Illinois
Benchmarking Cooperative (referred to as the "N/BC' or the "Cooperative") to function as the
"Cooperative" referenced in the Agreement. Each of the Parties set forth in Exhibit A hereto
desires to participate in the Cooperative under the terms set forth in this MOU and the Agreement.
D. Each Party has determined that it is in its best interests to enter into this MOU to
facilitate the implementation and performance of the Agreement for the benefit of all the Parties
and to establish cost-sharing procedures relating to the Agreement.
E. The Parties have authority to enter into this MOU pursuant to Article VII, Section
10 of the Illinois Constitution of 1970; the Intergovernmental Cooperation Act, 5 ILCS 220/1 et
seq.; and other applicable law.
Section 2. Partici ation in the Coo erative.
A. Each of the Parties desires, and hereby agrees, to participate in the Cooperative
and to work collaboratively for the benefit of the Cooperative in the performance and
implementation of the Agreement. The Parties acknowledge that Lake Forest has entered, or will
enter, into the Agreement on behalf of, and for the benefit of, the Cooperative, and all Parties
hereby agree to be bound by the terms of the Agreement in the same manner as the "Client" (as
defined in the Agreement).
B. The Parties agree that additional Illinois municipalities may join the Cooperative by
executing an addendum in substantially the form attached hereto as Exhibit C, agreeing to be
bound by all terms of this MOU. To facilitate the expansion of the Cooperative for the benefit of
{00016613 41
all the Parties, each of the Parties hereby authorizes the City Manager of Lake Forest, as the
authorized representative of all the members of the NIBC/Cooperative, to approve and execute
such addenda in substantially the form of Exhibit C with any other Illinois municipality or
municipalities that desire to join the Cooperative. If a new member joins the Cooperative more
than [60 days] after the beginning of an Agreement Term, then that Party's membership, and its
rights and obligations under this MOU, shall become effective on the first day of the subsequent
Agreement Term.
C. Lake Forest agrees that it will not approve any material change or amendment to
the.Agreement without the prior written consent of all Parties to this MOU, provided, however,
that Lake Forest shall be authorized to approve any of the following changes to the Agreement
after consultation with the designated representatives of the Parties:
1. Renewal of the Agreement for one or more subsequent one-year Agreement
Terms; and
2. Increases in the Total Compensation (as defined in Section 3.A, below) for any
such renewal Agreement Term, provided that the Total Compensation does not
exceed $70,000.00 plus approved reimbursable costs for any Agreement Term.
D. To the extent that this MOU or any addendum hereto conflicts with the Agreement,
the Agreement will control and be binding on all Parties.
Section 3. C2§kSharing.
A. The Parties desire to equally share all costs of obtaining the Services under the
Agreement. The Parties acknowledge that, pursuant to the Agreement, the total compensation
owed to the University for the Services for the initial Agreement Term is $63,594.47 plus approved
reimbursable costs ("Total Compensation"). The Total Compensation is payable by Lake Forest
to the University in annual payments ("Payments"), which Payments are due within 30 days after
the University's delivery of an invoice to Lake Forest. Each of the Parties agrees to pay an equal
share of each Payment and shall deliver its payment share to Lake Forest within 30 days after
receipt of an invoice therefor, which obligation shall survive a Party's or the Parties' termination
of its participation in this Memorandum of Understanding in accordance with Section 8.
B. In the event that an additional party or parties joins the Cooperative by execution
of an addendum pursuant to Section 2.6 of this MOU, such additional party or parties shall be
required to pay an equal share of the Payments due for the year in which the party's membership
in the Cooperative becomes effective and for each year thereafter that the Party remains a
member.
C. The City Manager of Lake Forest shall be authorized on behalf of all the Parties to
approve or authorize reimbursable costs or expenses relating to the Services ("Reimbursable
Costs") that total up to $1,000.00 during the initial Agreement Term and during each subsequent
Agreement Term (if any). The City Manager of Lake Forest shall not approve or authorize
Reimbursable Costs in excess of $1,000.00 during any Agreement Term without the prior written
consent of the authorized representatives of all Parties. All approved or authorized Reimbursable
Costs shall be allocated equally among the Parties. Each Party's share of the Reimbursable Costs
for a given Agreement Term shall be added to the Party's next Payment, provided that the
Agreement is renewed for a subsequent term. If the Agreement is not renewed, or a Party
terminates its participation in the MOU, then the City shall issue a separate invoice or invoices,
{00016613 41 2
as appropriate, for the remaining Reimbursable Costs, which shall be payable within 30 days after
receipt.
Section 4. Data Collection,• Warrantv. The Parties acknowledge that, pursuant to the
Agreement, the University and the members of the Cooperative will collaborate to identify data
measures and metrics to be used by the University in performing the Services, and each member
of the Cooperative is responsible for collecting and compiling its own data and transmitting that
data to the University in an agreed-upon format. Each of the Parties guarantees and warrants to
the other Parties that no data, information, or other material provided by the first Party to the
University or to any other Party in connection with the Services or the Agreement shall include
material that infringes on third -party intellectual property rights or contains legally actionable,
libelous, or otherwise unlawful statements or information.
Section 5. Indemnity. Each Party shall, and hereby agrees to, indemnify, defend and
hold harmless all other Parties to this MOU, and all of their elected and appointed officials,
commissioners, employees, agents, attorneys, and representatives, from and against any and all
loss, cost, damage, expense, claim, liability, or fee, including reasonable attorneys' fees
("Claims'l, arising out of or asserted as a result of the first Party's breach of the terms of this
MOU. This indemnification obligation shall survive any termination of this MOU.
Section 6. Enforcement. In the event that the University breaches the Agreement,
Lake Forest agrees to make reasonable efforts to enforce the Agreement upon request of the
Parties, provided, however, that all Parties shall share equally in any resulting costs and expenses
of enforcement, including court costs and attorneys' fees.
Section 7. Liability. The Parties acknowledge and agree that Lake Forest is not, and
shall not be, in any way liable for any damages or injuries that may be sustained as the result of
Lake Forest's coordination, administration, or enforcement of the Agreement or the Services and
shall not be deemed to insure the other Parties, or any of them, or their representatives,
successors, assigns, or licensees, or any third party against damage or injury of any kind at any
time.
Section 8. Effective Date; Term. This MOU shall be effective as of September 25, 2017,
and the term of this MOU shall expire upon the expiration or termination of the Agreement. In the
event that the Agreement is renewed for one or more subsequent Agreement Terms, then this
MOU shall automatically renew for the same duration, except that: (i) nothing shall prevent the
Parties from mutually agreeing to either extend or terminate this MOU at any time; (ii) any Party
may terminate its participation in this MOU at the end of any Term by providing written notice to
the other Parties not more than 60 days nor less than 10 days before the end of such Term, and
the termination shall be effective on the last day of that Term; and (iii) a Party that terminates its
participation in this MOU shall be responsible for its pro rata share of all Payments and
Reimbursable Costs incurred before the effective date of such termination. The Parties'
obligations under the preceding clause 8(iii), Sections 5 and 7, and the last sentence of Section
4 of this MOU shall survive termination.
Section 9. General Provisions.
A. Assicfnments. No Party may assign its obligations under this MOU without the prior
written consent of the other Parties.
B. Amendments. No modification of this MOU shall be effective unless made by a
{00016613 41 3
written amendment signed by each Party's authorized signatory, provided, however, that
additional Illinois municipalities may join the Cooperative by executing an addendum to this MOU
in the manner provided in Section 2.B.
C. Compliance with Laws. Each Party shall perform its obligations under this MOU
and the Agreement in compliance with all applicable federal, state, and local laws and regulations
governing such performance.
D. Notices. Any notice required or permitted to be given under this MOU shall be in
writing and may be given by: (a) personal delivery, (b) nationally recognized overnight delivery
service, (c) certified or registered mail, return receipt requested, or (d) electronic transmission,
accompanied by any of the foregoing notice options; notice shall be deemed given (i) if given
personally, as of the date delivered, (ii) if by overnight delivery service, the next business day
following deposit with such service, (iii) if by certified or registered mail, three days after deposit
thereof in any main or branch United States Post Office, or (iv) if by electronic transmission
accompanied by any of the foregoing delivery options, the date of transmittal of the electronic
transmission. Notices shall be sent to the Parties, respectively, to the addresses and addressees
set forth in Exhibit A hereto. By notice complying with the foregoing requirements, any Party shall
have the right to change the addressees or addresses or both for all future notices and
communications to such Party, but no notice of such a change shall be effective until actually
received.
E. Severability. If any provision of this MOU is held by a court of competent
jurisdiction to be unenforceable, then such provision shall be severed from this MOU so long as
severance does not affect the enforceability or essential purpose of the remainder of the MOU.
F. CounteU) rts. This MOU may be executed in counterparts. Facsimile signatures
shall constitute original signatures for all purposes.
IN WITNESS WHEREOF, The Parties, respectively, have caused this MOU to be
executed by their authorized representatives.
[SIGNATURE PAGES FOLLOW]
{00016613 41 4
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VILLAGE OF WHEELING VILLAGE OF WILMETTE
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EXHIBIT A
NIBC MEMBERS AND CONTACT INFORMATION
The City of Lake Forest
220 E. Deerpath
Lake Forest, IL 60045
Attn: Robert Kiely, City Manager
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Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Attn: Dane Bragg, Village Manager
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Village of Glencoe
675 Village Court
Glencoe, 11 60022
Attn: Phil Kiraly, Village Manager
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Village of Hoffman Estates
1900 Hassell Road
Hoffman Estates, IL 60169
Attn: Jim Norris, Village Manager
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Village of Lake Bluff
40 E. Center Avenue
Lake Bluff, IL 60044
Attn: Drew Irvin, Village Administrator
The City of Lake Forest
220 E. Deerpath
Lake Forest, IL 60045
Attn: Robert Kiely, City Manager cflim
Village of Lincolnshire
1 Olde Half Day Road
Lincolnshire, IL 60069
Attn: Brad Burke, Village Manager
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Village of Mount Prospect
50 S Emerson Street
Mount Prospect, IL 60056
Attn: Michael Cassidy, Village Manager
Village of River Forest
400 Park Avenue
River Forest, 1160305
Attn: Eric Palm, Village Administrator
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Village of Schaumburg
101 Schaumburg Court
Schaumburg, IL 60193
Attn: Brian Townsend, Village Manager
Village of Wheeling
2 Community Boulevard
Wheeling, IL 60090
Attn: Jon Sfondills, Village Manager
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Village of Wilmette
1200 Wilmette Avenue
Wilmette, IL 60091
Attn: Tim Frenzer, Village Manager
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EXHIBIT B
AGREEMENT
EXHIBIT C
FORM OF ADDENDUM
ADDENDUM TO BINDING MEMORANDUM OF UNDERSTANDING
ESTABLISHING THE NORTHERN ILLINOIS BENCHMARKING COOPERATIVE
AND RELATING TO AN AGREEMENT BETWEEN THE CITY OF LAKE FOREST
AND THE UNIVERSITY OF ILLINOIS
THIS ADDENDUM TO BINDING MEMORANDUM OF UNDERSTANDING (the
"Addendum") is made as of . ww.._.ww..n w.wwwwwww_,_wµ.n ... ....... , 20_ (the "Effective Date"), by and among
mm Nmm mm an Illinois municipality (the ["Village / City'7), and the existing
emb
mers of the orthern Illinois Benchmarking Cooperative (referred to herein as the "N/BC' or
the "Cooperative") as set forth in Exhibit A to that certain "Binding Memorandum of
Understanding Establishing the Northern Illinois Benchmarking Cooperative and Relating to an
Agreement Between The City of Lake Forest and the University of Illinois" dated , 2017,
as amended from time to time ("Original MOU'). The existing members of the Cooperative and
[Village / City] are referred to herein collectively as the "Parties" and each, individually, as a
"Party'. The Parties, for good and valuable consideration and intending to be bound hereby,
agree as follows:
Section 1. Back round.
A. The City of Lake Forest ("Lake Forest') has previously approved and executed an
"Agreement Between the Board of Trustees of the University of Illinois and The City of Lake
Forest" dated , 2017, as amended from time to time (the "Agreement'). As set
forth in further detail in the Agreement, the University of Illinois ("University') has agreed to
perform certain research and data analysis services to assist Lake Forest and other municipalities
in developing objective benchmarks for staff productivity and addressing other areas of interest
to the participating municipalities (the "Services").
B. Under the Agreement, the University has agreed to provide the Services to, and
for the benefit of, a "Cooperative" consisting of Lake Forest and other Illinois municipalities that
have entered into an intergovernmental memorandum of understanding for such purpose.
C. The existing members of the Cooperative have previously entered into the Original
MOU for the purposes of forming the NIBC/Cooperative to function as the "Cooperative"
referenced in the Agreement, facilitating the implementation and performance of the Agreement
for the benefit of such Cooperative, and establishing cost-sharing procedures relating to the
Agreement.
D. [Village / City] desires to enter into this Addendum to join the Cooperative subject
to the terms and conditions set forth in the Original MOU, this Addendum, and the Agreement.
E. The Parties have authority to enter into this Addendum pursuant to Article VII,
Section 10 of the Illinois Constitution of 1970; the Intergovernmental Cooperation Act, 5 ILCS
220/1 et seq.; and other applicable law.
Section 2. Participation in the Cooperative; Com liance with Ori final MOU.
A. [Village / City] desires, and hereby agrees, to participate in the Cooperative
subject to all terms and conditions set forth in the Original MOU and this Addendum. [Village /
City] hereby agrees to be bound by the Original MOU (including but not limited to all cost-sharing,
warranty, liability, and indemnity provisions of the Original MOU) in the same manner as the
original parties thereto.
B. Exhibit A to the Original MOU shall be deemed to be amended to include the
[Village / City] and its contact information as follows:
[Village / City]
Section 3. Effective Date; Term. This Addendum shall be effective upon its approval
and execution by the authorized representatives of the Parties, and the term of this Addendum
shall expire upon the expiration or termination of the Original MOU, except that [Village / City]
may terminate this Addendum upon 60 days' written notice to the other Parties. The Parties'
obligations under Sections 4, 5, and 7 of the Original MOU shall survive termination of this
Addendum or the Original MOU.
Section 4. General Provisions.
G. Assia;nments. No Party may assign its obligations under this Addendum without
the prior written consent of the other Parties.
H. Amendments. No modification of this Addendum shall be effective unless made by
a written amendment signed by each Party's authorized signatory, provided, however, that
additional Illinois municipalities may join the Cooperative by executing a further addendum in the
manner provided in Section 2.13 of the Original MOU.
I. Compliance with Laws. Each Party shall perform its obligations under this
Addendum, the Original MOU, and the Agreement in compliance with all applicable federal, state,
and local laws and regulations governing such performance.
J. Notices. All notices required or permitted to be given under this Addendum or the
Original MOU shall be given in the manner set forth in Section 9.D of the Original MOU.
K. Severability. If any provision of this Addendum is held by a court of competent
jurisdiction to be unenforceable, then such provision shall be severed from this Addendum so long
as severance does not affect the enforceability or essential purpose of the remainder of the
Addendum.
L. Counterparts. This Addendum may be executed in counterparts. Facsimile
signatures shall constitute original signatures for all purposes.
IN WITNESS WHEREOF, The Parties, respectively, have caused this Addendum to be
executed by their authorized representatives.
[SIGNATURE PAGE FOLLOWS]
THE MEMBERS OF THE NORTHERN [VILLAGE/CITY]
ILLINOIS BENCHMARKING COOPERATIVE
By.
City Manager
The City of Lake Forest Its:
Their: Authorized Representative
Date Date