Loading...
HomeMy WebLinkAbout20-0117 Dean Eitel - performance evaluationAGREEMENT THIS AGREEMENT is made and entered into this 17 th day of January, 2020, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY' and Dean F. Eitel (hereinafter referred to as "CONSULTANT"). WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with assisting the city council with the performance evaluation process for the city manager (hereinafter referred to as the "PROJECT"). NOW, THEREFORE, it is hereby agreed by and between the CITY and the CONSULTANT that the CITY does hereby retain the CONSULTANT for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, to perform the services relating to the PROJECT as described herein, subject to the following terms and conditions and stipulations, to -wit: 1. SCOPE OF SERVICES All work hereunder shall be performed under the direction of the city council of the CITY, hereinafter referred to as Ole "CITY COUNCIL". CONSULTANT shall provide to the CITY services in connection with assisting the city council in completing a performance evaluation for the city manager, such services being further outlined and described in Attachment A hereto. CONSULTANT shall perform the services for the PROJECT according to the dates outlined in Attachment A hereto. 2. WORK PRODUCT All materials and work product prepared by the CONSULTANT pursuant hereto shall be the property of the CITY and shall be delivered to the CITY upon request of the CITY COUNCIL; provided, however, that the CONSULTANT may retain copies of such work product for its records. 3. PAYMENTS TO THE CONSULTANT The CITY shall pay the CONSULTANT for services under this Agreement the amount of $3,200.00 regardless of the actual costs incurred by the CONSULTANT. The CITY shall make periodic payments to the CONSULTANT based upon actual progress within thirty (30) days after receipt of approval of an invoice. Full payments for each task shall not be made until the task is completed and accepted by the CITY. 4. TERM This Agreement shall become effective as of the date the CONSULTANT is given a notice to proceed and shall be deemed concluded on the date the CITY determines that all of the CONSULTANT's work under this Agreement is completed. A detennination of completion shall not constitute a waiver of any rights or claims which the CITY or the CONSULTANT may have or thereafter acquire with respect to any temi or provision of this Agreement. 5. CONFIDENTIALITY All of the materials prepared or assembled by the CONSULTANT or any information received by the CONSULTANT from the CITY pursuant to performance of this Agreement are confidential. The Consultant agrees that they shall not be made available to any individual or organization other than the CITY without prior written approval of the CITY, except by court order. Notwithstanding the foregoing, the CONSULTANT has and reserves the right to utilize a generic version of the evaluation materials developed by the CONSULTANT in the CONSULTANT'S future professional activities. No city final results would be mentioned in such other activities. CONSULTANT shall also be allowed to use any generic version of any final product developed by the CONSULTANT for educational purpose or for career enhancements such as a professional resume or curriculum vitae and such materials shall not be deemed to be confidential. 6. MODIFICATION AMENDMENT OR ASSIGNMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. No assignment of this Agreement shall be made without the prior written consent of the CITY. NEWS RELEASES The CONSULTANT may not make any public statements or issue any news releases regarding this Agreement or the PROJECT without prior approval from the CITY COUNCIL, nor will the CONSULTANT rake public proposals developed under this Agreement without prior written approval from the CITY COUNCIL prior to said documentation becoming matters of public record. Notwithstanding the foregoing, CONSULTANT shall have and reserves the right to be able list CONSULTANT'S efforts with the CITY in CONSULTANT'S professional resume. No city final results would be mentioned and such work by the CONSULTANT shall not be deemed to be confidential. & EXECUTION This Agreement may be executed in counterparts. Signatures transmitted by facsimile or email shall have the same legal effect as an original signature. IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement effective as of the date and year first written above. - t�19NSULTANT: 1) eA N `' &,f( 1,251_ Z.y311 G, ( &0 S ✓lEw Dic m FALegal DeIMAgreecnQDenn F. Eill Agr-Pedortnance Evaluation City Manager-l-I6.211. COIO V/ t/ lv 1 2- ATTACHMENT A OUTLINE OF SERVICES IN CONNECTION WITH PERFORMANCE EVALUATION PROCESS FOR CITY MANAGER A. Develop several different 360 degree performance evaluation farms including for use by the mayor and city council members, self -evaluation form for city manager, city departments, key staff and identified community organizations/partners. Such performance evaluation forms shall be submitted to the city council for review and approval. To be completed by January 20, 2020. B. Attend kick-off meeting with the city council to review performance evaluation forms and overall performance evaluation review process. Meeting on January 22, 2020. C. Distribute approved performance evaluation forms to the mayor and city council, city manager, identified employees and community organizations/partners- Key staff and community organizations/partners participating in the evaluation process shall be identified and approved by the city council. To be distributed by January 29, 2020. Response date deadline will be identified as February 7, 2020. D. Review and analyze each of the performance review forms. Combine and average evaluation results and distribute same to mayor, city council and city manager. To be completed by February 19, 2020. E. Attend at the request of the city council an additional meeting to discuss evaluation process. Date of meeting to be determined.