REPORT TO COUNCIL
SUBJECT
Title
Authorize the Mayor to Execute an Agreement with Daniel Keen in the amount of $50,000 to Facilitate the Performance Evaluation Process for Council Appointees (City Manager and City Attorney)
Report
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
The City Manager and City Attorney Council Appointees each have an Employment Agreement that describe the terms and conditions of employment. This includes a provision that the City Council will undertake a performance appraisal of the employee at least every twelve (12) months. The City Council maintains the discretion to conduct a performance appraisal more regularly if necessary.
The City Council has expressed an interest in retaining a consultant to facilitate the performance appraisal process for the City Attorney and City Manager. A facilitated process takes approximately two (2) to three (3) months and generally includes an interview with the Council Appointee and completion of a self-assessment, interview with each Councilmember and a report that summarizes the feedback from the City Council, followed by a facilitated meeting with the City Council and Council Appointee.
The Human Resources Department reached out to three (3) vendors that facilitate performance appraisals for Council Appointees. Two (2) of the three (3) vendors provided a proposal.
|
Vendor |
Estimated Cost for Each Council Appointee |
|
Daniel Keen |
$12,300 Additional Executive Session meetings include a fee of $500 plus travel expenses |
|
Municipal Resource Group, LLC |
$24,000 Additional work to be billed at $400/hour |
Both vendors provide a very similar process when facilitating the performance evaluation process for a Council appointee and both vendors are available to facilitate the process.
DISCUSSION
The City Attorney was due a performance appraisal in March 2024 and the City Manager will be due a performance appraisal in May 2024.
The City Council has expressed an interest in retaining a consultant to facilitate the performance appraisal process for each Council Appointee. A summary of the process and cost of the services for each vendor were reviewed with the City Council, and Daniel Keen was selected by the City Council.
It is recommended that the City Council approve an Agreement with Daniel Keen through December 31, 2025, with the option for two, one-year extensions of the contract, ending on December 31, 2027, if both options are exercised. The Agreement would allow for the facilitation of the performance appraisal process for both the City Manager and City Attorney for two years, at a minimum.
The work to be performed by the Consultant for each Council Appointee shall include the following:
• Introductory Meeting with the City Council to provide an Overview of the process.
• Preparation of an outline for the Council Appointee Self-Assessment.
• Separate Interviews with the Mayor and City Councilmembers
• Preparation of a Report summarizing the feedback obtained from the interviews (maintains anonymity)
• Facilitation of a meeting with the Mayor and City Council to review the interview feedback. The Council Appointee will be present and participate in the discussion. The outcome of the meeting should be the establishment of goals for the Council Appointee that align with the strategic objectives of the City Council, including identification of how the Council Appointee’s progress in achieving these goals will be measured.
• Preparation of a Summary Report which summarizes the Council Appointee’s goals and performance measures which were agreed upon during the meeting.
It is expected that the review processes for the two Council appointees will occur consecutively, and the Council is not obligated to use the consultant for both reviews.
In order for Daniel Keen to commence the work to be performed, an Agreement must be executed between the City and Consultant. It is therefore recommended that the City Council authorize the Mayor to execute the Agreement to commence the facilitated performance appraisal process for each Council Appointee.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
The cost of facilitating the performance appraisal process for each Council Appointee is $12,300. The facilitator will first commence the performance appraisal process for the City Attorney. For additional executive sessions, there is an additional fee of $500, plus travel expenses. The cost of this agreement will be absorbed within the existing budgets for the City Manager’s Office and the City Attorney’s Office.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <<mailto:clerk@santaclaraca.gov>>, or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Authorize the Mayor to execute a Services Agreement with Daniel Keen in the amount of $50,000 for a term through December 31, 2025, and two, one year options to extend the term through December 31, 2027 if both options are exercised, to facilitate the Performance Appraisal Process for each Council Appointee (City Manager and City Attorney) in a final form approved by the City Attorney’s Office.
Staff
Reviewed by: Aracely Azevedo, Director of Human Resources
Approved by: Nadine Nader, Chief Operating Officer
ATTACHMENTS
1. Agreement Between the City and Daniel Keen