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HomeMy WebLinkAbout04-148 . r Resolution No. 04-148 RESOLUTION AUTHORIZING EXECUTION OF AN EMPLOYMENT AGREEMENT WITH STEVEN A. FIGVED FOR COORDINATION OF THE CITIZEN CORPS COUNCIL/COMMUNITY EMERGENCY RESPONSE TRAINING PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David M.Dorgan,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute an Employment Agreement on behalf of the City of Elgin with Steven A.Figved for the coordination of the Citizen Corps Council/Community Emergency Response Training Program on behalf of the City of Elgin with Steven A. Figved for the administration of homeland security grant programs, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: June 9, 2004 Adopted: June 9, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk RECEIVED July 19, 2004 JUL 2 0 7f1,94 MEMORANDUM To: City Manager David Dorgan From: Deputy Chief James Burns Subject: Contract with Steve Figved Enclosed you will find my memo to Chief Miller, with his authorization on the front page,to take this matter forward and two ORIGINAL signed contracts from Steve Figved. The long and short is that I had a very difficult time getting this contract to a point that both Steve Figved would sign and that our legal staff would approve. To get there, the contract no longer is identical to the one taken before the City Council. The major change is the potential amount that MAY be paid to Steve Figved. Any changes must be made in advance and are under the full control of the City. The Program supervisor, Lt. Cecil Smith, sees no issues with this change and the City is NOT obligated for any additional funds. I would ask that you sign the two originals with changes. I will then get copies to everyone. I know this is unusual and I assure you I thought I had this resolved BEFORE the City Council meeting. I am dealing with a very strong willed employee and a very thorough legal staff. Being in the middle is tough at best. Thank you for your consideration, July 14,2004 MEMORANDUM To: Chief William Miller From: Deputy Chief James Burns Subject: Employment contract for S is Figved I have been working with Steve Figved for the last several months on a contract for his services to coordinate the two State/Federal grants for the Citizens Emergency Response Team(CERT) and the Elgin Citizen's Corp.This contract has been back and forth between Steve and the City's legal at least 5 different times.Each time,Steve Figved has found it unacceptable for a number of different reasons and our legal has made several other suggested changes that Steve has objected to.This entire matter went to City Council and was approved with my understanding that Steve would sign the revised contract as submitted to City Council. I subsequently learned that Steve was NOT happy with the contract as proposed to City Council and has requested another change,which was approved through legal with still more changes from the City's perspective.Long and short is that I finally have an agreement that Steve will sign,but it is different than was in front of the Council .I am attaching both contracts with the changes highlighted.The major change is the amo nt of compensation that Steve"could"receive Y7i/° in total.It is increased from$7,200 to$15 is change is allowable under the grant and is suggested to give Steve flexibility to be compensated for other work he is doing inside of the grant,apart from just being the coordinator. I have reviewed this with Lt.Cecil Smith and we both agree it has little impact on the contract.The City still receives the same amount under the grant.The grant still pays 100%of the costs.Steve must get everything approved by the CITY BEFORE he can get any additional money.This may all be a mute point,but these changes are the only way to get this entire thing put to bed. It is my understanding that the City Manger may approve change orders under$10,000 without returning to the City Council for approval.This change would seem to fall into that category. I would ask that you approve this revised contract and authorize my taking it forward to the manager for final approval. 41 h\ 1 i EMPLOYMENT AGREEMENT/CITIZEN CORPS COUNCIL/COMMUNITY EMERGENCY RESPONSE TRAINING COORDINATOR This agreement is hereby made and entered into this F'/,S , 2004 by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as City), and Mr. Steven A. Figved (hereinafter referred to as Steve Figved). WHEREAS, City desires to retain Steve Figved, as the Elgin Citizen Corps Council/Community Emergency Response Training Coordinator, (hereinafter referred to as "ECCC/CERT Coordinator"), during the term of this agreement. WHEREAS, Steve Figved, is willing and able to perform the duties required of the ECCC/CERT Coordinator, upon the terms and conditions of this agreement. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1) Steve Figved shall be employed by the City during the term of this agreement as an ECCC/CERT Coordinator under the terms and conditions contained herein. 2) Steve Figved shall conduct ECCC/CERT Coordinator duties as outlined in the City of Elgin Illinois 2003 Community Emergency Response Team Grant Application and the City of Elgin Illinois 2004 Citizen Corp Program Grant Request Narrative and shall perform such other duties as directed by the Elgin Police Department Community Relations/Crime Prevention Director(hereinafter referred to as "Director") in such manner and during such times as the Director shall designate. Steve Figved's duties shall include, but not be limited to: a. Be responsible to the Director. b. Coordinate the activities of providing CERT training and equipment procurement with Community Relations/Crime Prevention programs of the Citizens Police Academy,Neighborhood Watch,Explorer Post#1445 and the Kane County Medical Reserve Corps. c. Coordinates the organization of the Elgin Citizens Corps Council(hereinafter referred to as"ECCC")with City's police department. 1 • CERT Training Program d. Maintains detailed member listing,training records,budget and property asset records as outlined in the CERT grant request. e. Prepares quarterly program activity reports as required by the State of Illinois Emergency Management Agency and the OMB A-133 Single Audits as necessary. f. Follows the objectives of the City of Elgin Community Emergency Response Team Work Plan. g. Coordinates the funding of the CERT program with grant monies provided by the Illinois Emergency Management Agency. h. Cooperates with other agencies and individuals involved with emergency preparedness to maintain and expand the CERT program. Elgin Citizens Corps Council i. Coordinates with other agencies as directed by City to provide comprehensive community education programs. j. Coordinates with the Director to develop, build and promote community- based programs in CERT and Citizens Corps Council based on Citizens personal responsibility, Training, and Volunteer Services. k. Coordinates a strategic goals and planning workshop for the members of the ECCC. 1. Assists in the efforts of the ECCC to develop short and long-range planning efforts in the areas of Management, Community Outreach, Funding, and Programs. m. Maintains budget documents and prepares the required quarterly reports for the ECCC required for the five(5)outlined development phases contained in the city's"CERT Program Work Plan", to occur between April 6, 2004 and December 31, 2005. n. Provides for expenditures of grant monies as developed and outlined in the detailed grant proposal budget. 2 o. Solicits funding from private and corporate donations and agreements, including but not limited to, funding agreements with Home Depot(through the Home Depot Foundation) and McDonald's (through the McReady for Disaster Program). 3) The following goals shall be reviewed on a quarterly basis with the Director: a. 100% of work time shall be spent providing CERT and ECCC services. b. Coordinate regular meetings with partnering agencies to allow for networking and project planning of the ECCC c. Provide a completed statistical report on the activity of the program every 6 months. 4) City shall provide the following during the term of this agreement: a. Compensation for CERT and Citizens Corps Grant and Program Coordination as specified in the executed Grant Agreements applicable to this agreement, copies of which are attached hereto as Attachment A. b. Conferences and educational expenses as approved in writing by the City.. c. Appropriate work area including computer and telephone access and staff support as necessary. d. Use of Department vehicle and fuel/maintenance expenses for CERT and Citizen Corps events as may be needed. 5 This agreement maybe terminated byCityupon written notice for anyreason or no �' P reason without penalty. This agreement may be terminated by Steve Figved upon fourteen (14) days written notice. 6) This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any right arising out of in connection with this agreement shall be in the Circuit Court of Kane County, Illinois. 7) The terms and provisions of this agreement shall be severable. In the event that any of the terms or provisions of this agreement shall be deemed to be void or otherwise 3 unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. 8) This agreement constitutes the entire agreement between the parties hereto. There are no other verbal or written understandings or agreements between the parties hereto. Any modification or amendment to this agreement shall be written and signed by the hereto, or shall be ineffective. 9) This agreement shall terminate on December 31, 2005. 10) This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. Steve Figved shall act as an independent contractor for the purposes of this agreement. 11) Steve Figved acknowledges and agrees that the entirety of his remuneration pursuant to this agreement shall be limited to that which is provided by the United States Federal Emergency Response Funding provided to City; provided, however, in no event shall such remuneration exceed the total sum of$9,990. In the event any such funding is terminated at any time, this agreement shall be terminated instanter and without the requirement of notice from City. In the event of such termination, City shall not be liable to Steve Figved for any further payments or other damages. Steve Figved shall be entitled to no benefits or compensation other than as may be specifically provided for herein. CITY QF_ELGIN Employee Byf-) 1 City Manager Attest: City Clerk 4