HomeMy WebLinkAbout2011-04-27 Council Appointed Officer Agenda Packet Council Appointed Officers Committee
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MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER
DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY
CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS.
4:00 PM
Special Meeting
Wednesday, April 27, 2011
Human Resources Conference Room
250 Hamilton Avenue, 1st Floor
Palo Alto, CA
Call to Order
Oral Communications
Agenda Items
1.Discussion of Contract and Proposed Changes for City Council Approval of Council Appointed Officer
(CAO) Evaluation Consultant Contract with Sherry Lund and Associates
2.Interview of Recruitment Firms (City Auditor) and Recommendation to City Council
3.Discussion of CAO Interview and Hiring Process
4.Consideration of an Exit Interview of the City Auditor (Brouchoud)
Adjournment
AMERICANS WITH DISABILITY ACT (ADA)
Persons with disabiltities who require auxilliary aids or services in using City facilities, services or programs or who
would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may
contact (650) 329-2550 (Voice) 24 hours in advance.
PUBLIC COMMENT
Members of the Public are entitled to directly address the City Council/Committee concerning any item that is
described in the notice of this meeting, before or during consideration of that item. If you wish to address the
Council/Committee on any issue that is on this agenda, please complete a speaker request card located on the
table at the entrance to the Council Chambers,and deliver it to the City Clerk prior to discussion of the item. You
are not required to give your name on the speaker card in order to speak to the Council/Committee, but it is very
helpful.
1 4/25/2011
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER
DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY
CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS.
Additional Information
Standing Committee Meetings
Supplemental Information (ID # 1655)
Council Appointed Officers Meeting April 27, 2011
ATTACHMENTS:
·CAO Agenda 04-27-2011 (PDF)
·Auditor Recruitment Report (PDF)
Supplemental Information (ID # 1649)
City Council Rail Committee Agenda 04-28-2011
ATTACHMENTS:
·04-28-2011 City Council Rail Committee Agenda (PDF)
Schedule of Meetings
Supplemental Information (ID # 1651)
Schedule of Meetings
ATTACHMENTS:
·110425 Schedule of Meetings (DOC)
Tentative Agenda
Supplemental Information (ID # 1650)
Tentative Agenda
ATTACHMENTS:
·Tentative Agenda April 25, 2011 (DOC)
Public Letters to Council
Supplemental Information (ID # 1652)
2 4/25/2011
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER
DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY
CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS.
Public Letters to Council
ATTACHMENTS:
·Public Letters to Council 4-25-2011 (PDF)
DEPARTMENT
COPY
CITY OF PALO ALTO CONTRACT NO. S10137091
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
SHERRY L. LUND ASSOCIATES
FOR PROFESSIONAL SERVICES
'FOR COMPLETION OF COUNCIL APPOINTED OFFICERS PERFORMANCE
REVIEWS
This Agreement is entered into on this 25th day of May, 2010, ("Agreement") by and
between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and
SHERRY L. LUND ASSOCIATES, a Sole Proprietor, located at 247 La Cuesta Drive, Portola
Valley, CA 94028 (PH (650) 854-0540 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to conduct performance reviews of the four Council Appointed Officers
(CAOs), the City Manager, City Attorney, City Auditor, and City Clerk ("Project") and desires to
engage a 'consultant to perform facilitation and coordination services in connection with the Project
("Services").
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B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide the
Services as more fully described in Exhibit "A", attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this
Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
D Optional On-Call Provision (This provision only applies if checked and only applies to on-call
agreements. )
Services will be authorized by the City, as needed, with a Task Order assigned and approved by the
City's Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-I.
Each Task Order shall designate a City Project Manager and shall contain a specific scope of work, a
specific schedule of performance and a specific compensation amount. The total price of all Task
Orders issued under this Agreement shall not exceed the amount of Compensation set forth in
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Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under
an authorized Task Order and the City may elect, but is not required, to authorize work up to the
maximum compensation amount set forth in Section 4.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through completion of the
services in accordance with the Schedule of Performance attached as Exhibit "B" unless terminated
earlier pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is ofthe essence in the performance of
Services under this Agreement. CONSULTANT shall complete the Services within the term of this
Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part
of this Agreement. Any Services for which times for performance are not specified in this Agreement
shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner
based upon the circumstances and direction communicated to the CONSULTANT. CITY's
agreement to extend the term or the schedule for performance shall not preclude recovery of damages
for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit "A", including both payment
for professional services and reimbursable expenses, shall not exceed Twenty Six Thousand Dollars
($26,000.00). In the event Additional Services are authorized, the total compensation for services
and reimbursable expenses shall not exceed Thirty Thousand Dollars ($30,000.00).
The applicable rates and schedule of payment are set out in Exhibit "C-1", entitled "HOURLY
RATE SCHEDULE," which is attached to and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Exhibit "A".
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (including an
identification of personnel who performed the services, hours worked, hourly rates, and reimbursable
expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-l "). If applicable,
the invoice shall also describe the percentage of completion of each task. The information in
CONSULTANT's payment requests shall be subject to verification by CITY. CONSULTANT shall
send all invoices to the City's project manager at the address specified in Section 13 below. The City
will process and pay invoices within thirty (30) days of receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT's supervisio.n. CONSULTANT represents
that it possesses the professional and technical personnel necessary to perform the Services required
by this Agreement and that the personnel have sufficient skill and experience to perform the Services
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assigned to them. CONSULTANT represents that it, its employees and subconsultants, if pennitted,
have and shall maintain during the term of this Agreement all licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or similar
circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and
in compliance with all federal, state and local laws, ordinances, regulations, and orders that may
affect in any manner the Project or the perfonnance of the Services or those engaged to perfonn
Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all
charges and fees, and give all notices required by law in the performance of the Services,
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and
all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives
notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design
documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors,
omissions or ambiguities discovered prior to and during the course of construction of the Project.
This obligation shall survive tennination of the Agreement.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%)
of the CITY's stated construction budget, CONSULTANT shall make recommendations to the CITY
for aligning the PROJECT design with the budget, incorporate CITY approved recommendations,
and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in perfonning
the Services under this Agreement CONSULTANT, and any person employed by or contracted with
CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or
transfer any interest in this Agreement nor the performance of any of CONSULT ANT's obligations
hereunder without the prior written consent of the city manager. Consent to one assignment will not
be deemed to be consent to any subsequent assignment. Any assignment made without the approval
of the city manager will be void.
SECTION 12. SUBCONTRACTING.
I:2JOption A: No Subcontractor: CONSULTANT shall not subcontraCt any portion of the work to
be performed under this Agreement without the prior written authorization of the city manager or
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designee.
DOption B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that
subconsultants may be used to complete the Services. The subconsultants authorized by CITY to
perfonn work on this Project are:
CONSUL T ANT shall be responsible for directing the work of any sub consultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a
sub consultant. CONSULTANT shall change or add subconsultants only with the prior approval of
the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT . CONSULTANT will assign Sherry Lund a s the
project manager to have supervisory responsibility for the perfonnance, progress, and execution of
the Services and to represent CONSULT ANT during the day-to-day work on the Project. If
circumstances cause the substitution of the project director, project coordinator, or any other key
personnel for any reason, the appointment of a substitute project director and the assignment of any
key new or replacement personnel will be subject to the prior written approval of the CITY's project
manager. CONSULTANT, at CITY's request, shall promptly remove personnel who CITY finds do
not perfonn the Services in an acceptable manner, are uncooperative, or present a threat to the
adequate or timely completion of the Project or a threat to the safety of persons or property. , .
The City's project manager is Larry Klein, CAO Committee Chair/Council Member, c/o City Clerk's
Office, 250 Hamilton Avenue, Palo Alto, CA 94301. The project manager will be CONSULTANT's
point of contact with respect to perfonnance, progress and execution of the Services. The CITY may
designate an alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including'
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees
that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested
in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual
property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make
any of such materials available to any individual or organization without the prior written approval of
the City Manager or designee. CONSULTANT makes no representation of the suitability of the
work product for use in or application to circumstances not contemplated by the scope of work.
SECTION 15. AUDITS. CONSULTANT will pennit CITY to audit, at any reasonable time during
the tenn of this Agreement and for three (3) years thereafter, CONSULTANT's records pertaining to
matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such
records for at least three (3) years after the expiration or earlier termination of this Agreement.
SECTION 16. INDEMNITY.
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O,[Option A applies to the following design professionals pursuant to Civil Code Section 2782.8:
architects; landscape architects; registered professional engineers and licensed professional land
surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify,
defend and hold hannless CITY, its Council members, officers, employees and agents (each an
"Indemnified Party") from and against any and all demands, claims, or liability of any nature,
including death or injury to any person, property damage or any other loss, including all costs and
expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements'
("Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
IZI [Option B applies to any consultant who does not qualify as a design professional as defined
in Civil Code Section 2782.8.]
16.1. To the fullest extent permitted by law, CONSULTANT shall protect,
indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents
(each an "Indemnified Party") from and against any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or any other loss, including all costs
and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements
("Claims") resulting from, arising out of or in any manner related to performance or nonperformance
by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless
of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULT ANT to indemnify an Indemnified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party.··
16.3. The acceptance of CONSULTANT's services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17 . WAIVERS. The waiver by either party of any breach or violation of any covenant,
term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not
be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of
any subsequent breach or violation of the same or of any other term, covenant, condition, provision,
ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full
force and effect during the term of this Agreement, the insurance coverage described in Exhibit liD".
CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an
additional insured under any general liability policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers
with AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to
transact insurance business in the State of California. Any and all contractors of CONSULTANT
retained to perform Services under this Agreement will obtain and maintain, in full force and effect
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during the term of this Agreement, identical insurance coverage, naming CITY as an additional
insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently
with the execution of this Agreement. The certificates will be subj ect to the approval of CITY's Risk
Manager and will contain an endorsement stating that the insurance is primary coverage and will not
be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the
Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification,
CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance
are provided to CITY's Purchasing Manager during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be
obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as
a result of the Services performed under this Agreement, including such damage, injury, or loss
arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or
in part, or terminate this Agreement, with or without cause, by giving thirty (30) days prior written
notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately
discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its performance of
the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event ofa
substantial failure of performance by CITY.
19.3. Upon such suspension or tennination, CON"SUT.LJTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, dravvmgs, computations, and other
data, ",'hether or not completed, prepared by CON"SULTANT or its contractors, if any, or given to
CONSULTP ... NT or its contractors, if any, in connection with this Agreement. Such materia1s will
become the property of CITY. Not applicable to this Agreement.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid
for the Services rendered or materials delivered to CITY in accordance with the scope of services on
or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided,
however, if this Agreement is suspended or terminated on account of a default by CONSULTANT,
CITY will be obligated to compensate CONSULT ANT only for that portion of CONSULTANT's
services which are of direct and immediate benefit to CITY as such determination may be made by
the City Manager acting in the reasonable exercise ofhislher discretion. The following Sections will
survive any expiration or termination ofthis Agreement: 14, 15, 16, 19.4,20, and 25.
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
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SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently has
no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance ofthis Agreement,
it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial interest under this Agreement is an officer
or employee of CITY; this provision will be interpreted in accordance with the applicable provisions
of the Palo Alto Municipal Code and the Government Code of the State of California.
21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as
that term is defined by the Regulations ofthe Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person. CONSULT ANT acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REQUIREMENTS. CONSULTANT shall comply with the City's Environmentally Preferred
Purchasing policies which are available at the City's Purchasing Department, incorporated by
reference and may be amended from time to time. CONSULTANT shall comply with waste
reduction, reuse, recycling and disposal requirements of the City's Zero Waste Program. Zero Waste
best practices include first minimizing and reducing waste; second, reusing waste and third, recycling
or compo sting waste. In particular, Consultant shall comply with the following zero waste
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requirements:
• All printed materials provided by Consultant to City generated from a personal
computer and printer including but not limited to, proposals, quotes, invoices,
reports, and public education materials, shall be double-sided and printed on a
minimum of30% or greater post-consumer content paper, unless otherwise approved
by the City's Project Manager. Any submitted materials printed by a professional
printing company shall be a minimum of30% or greater post-consumer material and
printed with vegetable based inks.
• Goods purchased by Consultant on behalf of the City shall be purchased in
accordance with the City's Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy of this policy is on file at the Purchasing Office.
• Reusable/returnable pallets shall be taken back by the Consultant, at no additional
cost to the City, for reuse or recycling. Consultant shall provide documentation from
the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. NON-APPROPRIATION
24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of
Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a)
at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year,
or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the
fiscal year and funds for this Agreement are no longer available. This section shall take precedence
in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 25. MISCELLANEOUS PROVISIONS.
25.1. This Agreement will be governed by the laws of the State of California.
25.2. In the event that an action is brought, the parties agree that trial of such action
will be vested exclusively in the state courts of California in the County of Santa Clara, State of
California.
25.3. The prevailing party in any action brought to enforce the provisions ofthis
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value of
legal services provided by attorneys employed by it as well as any attorneys' fees paid to third
parties.
25.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
25.5. The covenants, terms, conditions and provisions of this Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the
parties.
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25.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
25.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in any
duly executed amendment hereto are by such reference incorporated in this Agreement and will be
deemed to be a part of this Agreement.
25.8 If, pursuant to this contract with CONSULTANT, City shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5( d) about
a California resident ("Personal Infonnation"), CONSULTANT shall maintain reasonable and
appropriate security procedures to protect that Personal Infonnation, and shall infonn City
immediately upon learning that there has been a breach in the security of the system or in the security
of the Personal Infonnation. CONSULTANT shall not use Personal Infonnation for direct marketing
purposes without City's express written consent.
25.9 All unchecked boxes do not apply to this agreement.
25.10 The individuals executing this Agreement represent and warrant that they have
the legal capacity and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement on the date first above written.
City M ge (Required on contracts over
$85,000)
Purchasing Manager (Required on contracts
over $25,000)
. Contracts Administrator (Required on
contracts under $25,000)
110VED fMRM
Senior Asst. City Atto y
(Required on Contracts over $25,000)
Attachments:
EXHIBIT "A": SCOPE OF WORK
EXHIBIT "B":
EXHIBIT "C":
SCHEDULE OF PERFORMANCE
COMPENSATION
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EXHIBIT "C-I":
EXHIBIT "D":
SCHEDULE OF RATES
INSURANCE REQUIREMENTS
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Project Description
EXHIBIT" A"
SCOPE OF SERVICES
At the end ofFY 2008-2009, the Council will be evaluating the four Council Appointed Officers
(CAOs): the City Manager, City Clerk, City Attorney and City Auditor. In addition to the normal
review process for the City Attorney and City Clerk, performance evaluation criteria needs to be
developed for the new City Auditor and criteria for the new City Manager should be reviewed and
refined. Otherwise, the evaluation process would proceed similarly to that ofFY 2007-2008.
Project Phases, Tasks, and Consultant Responsibilities
In addition to the specific project steps listed below, Consultant prepares for all meetings,
communications, serve as project manager, and assure a sound methodology for the review process
as a whole. The following performance evaluation project steps correspond to the last two years'
process:
Phase I -Preparation for Review Session
Consultant:
• Works with intemalliaison to schedule project meetings and milestones.
• Solicits CAO self-evaluations, reviews them and provides feedback and advice.
• Assures CAO questions are clarified and raised with CounciL
• Prepares and distributes binders to Council, including instructions, CAO self-
evaluations and blank evaluation hard copies. Distributes soft copies of forms on the
same day.
• Reviews COlmcil evaluation feedback; meets with each Council member in person or
by phone to refine and clarify written feedback prior to performance review session.
• Compiles written comments and numerical feedback from Council and develops a
written evaluation summary for each CAO. Prepares and sends confidential hardcopy
packet with this information prior to each CAO review session.
• Prepares information for closed review sessions that enable Councilmembers to focus
their discussion efficiently.
Phase II -Performance Review Session
Consultant:
• Provides facilitation and technical assistance as needed during closed session Council
performance review meetings with each CAO.
Phase III -Post-Session Wrap-Up
Consultant:
• Documents agreed-upon unified Council feedback for written reviews.
• Meets with CAOs to debrief evaluation meetings.
• Prepares final evaluation file copies and obtains necessary signatures. Copies are
given to CAO Committee Chair for filing and to each individual CAO. Final action
on Council agenda is scheduled with Liaison.
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• Is available to meet with CAO Chair and/or Committee to get additional feedback
and/or refine future process.
Due to the highly confidential nature of this assignment, Consultant personally performs all work
on this contract.
Client Responsibilities
In order to support the success of the project, Client agrees to:
• Assure involved parties a) are available for one-on-one and group meetings; and b) complete
evaluations on time in order to meet project milestones.
• Identify an intemalliaison that can schedule appointments and provide support in getting
evaluation items on Council agendas.
• Provide meeting space and A-V equipment required.
• Commit to a professional and respectful process.
Professional Services
Rev. May 2010
EXIDBIT "B"
SCHEDULE OF PERFORMANCE
CONSUL T ANT shall perform the Services so as to complete each milestone within the number
of days/weeks as mutually agreed upon by both CONSULTANT and CITY. A specific schedule
will be determined based on the scheduling demands of the City Council and the Council
Appointed Officers. The time to complete each milestone may be increased or decreased by
mutual agreement of the project managers for CONSULTANT and CITY so long as all work is
completed within the term of the Agreement. CONSULT ANT shall provide a detailed schedule
of work within 2 weeks of receipt of the notice to proceed.
June 8 City Clerk and City Manager final version of self-evaluations due to Consultant
June 9*
June 9 -30
June 20
June 21*
Consultant releases binders and blank evaluation package (instructions, eval form, last year's
review, contract) for City Clerk and City Manager to CC
CC completes evals for City Clerk and City Manager (3 weeks)
City Auditor and City Attorney final version of self-evaluations due to Consultant
Consultant releases blank evaluation package (instructions, eval form, last year's review,
contract) for City Auditor and City Attorney
June 21 -July 12
June 30 -July 2
CC completes evals for City Auditor and City Attorney (3 weeks)
Consultant meets in person or by phone with individual CC members to
clarify/refine feedback for City Clerk & City Manager
July 2 - 8
July 8
July 12 -14
July 14
July19-22
July 22
July 27
Consultant prepares summaries for City Clerk and City Manager reviews
City Clerk and City Manager summary goes to CC for closed session
Consultant meets in person or by phone with individual CC members to
clarify/refine feedback for City Auditor & City Attorney
Closed session:
6:00 -7:00pm City Clerk evaluation
7:15 -9:30pm City Manager evaluation
Consultant prepares summaries for City Auditor and City Attorney reviews
Auditor/Attorney summary goes to CC for closed sessions
Closed session:
6:00 -7:30pm City Auditor evaluation
7:45 -9:15pm City Attorney evaluation
Aug.2 Last meeting before summer Council break -obtain signatures on reviews before Council meeting for
filing in order to complete process
* or earlier, if available.
Professional Services
Rev. May 2010
EXHIBIT "C"
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement based on the hourly rate schedule
attached as Exhibit C-l.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit "A" ("Services") and reimbursable expenses shall not exceed $26,000,
with a possible $2,000 discount. CONSULTANT agrees to complete all Services, inc I uding
reimbursable expenses; within this amount. In the event CITY authorizes any Additional
Services, the maximum compensation shall not exceed $30,000. Any work performed or
expenses incurred for which payment would result in a total exceeding the maximum amount
of compensation set forth herein shall be at no cost to the CITY.
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CITY shall
reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for
which CONSULTANT shall be reimbursed are:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subject to the City of Palo Alto's policy for reimbursement of travel
and meal expenses for City of Palo Alto employees.
B. Long distance telephone cellular phone, facsimile transmission and postage charges are
reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup information.
Any expense anticipated to be more than $100 shall be approved in advance by the CITY's
project manager.
CANCELLATIONIRESCHEDULING POLICY:
A 100% cancellation charge will apply to individual meetings that are not cancelled with
24 hours prior notice. For group meetings of liz day or longer: There is no charge made if
a consulting date can be mutually rescheduled by Client and Consultant within 3 weeks of
the original date; if the session cannot be rescheduled during this time frame, the
cancellation schedule applies. Fees for cancellation (or rescheduling as previously
described) for any reason are applied on the following schedule, which reflects both
advance preparation and exclusive holding of a date for a client: 6 weeks in advance -
25% fee; 5 weeks in advance -50% fee; 4 weeks in advance -100% fee. Materials will
be charged according to their cost accrued at time of cancellation; there will be no charge
for materials that can be re-used if a session is rescheduled.
Professional Services
Rev. May 2010
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written authorization
from the CITY. The CONSULTANT, at the CITY's project manager's request, shall submit a
detailed written proposal including a description of the scope of services, schedule, level of
effort, and CONSULTANT's proposed maximum compensation, including reimbursable
expenses, for such services based on the rates set forth in Exhibit C-l. The additional
services scope, schedule and maximum compensation shall be negotiated and agreed to in
writing by the CITY's Project Manager and CONSULTANT prior to commencement of the
services. Payment for additional services is subject to all requirements and restrictions in this
Agreement.
Project Cost and Assumptions
The CAO evaluation project can be completed for a project fee of $ 26,000.00, which includes
expenses. A $2,000 discount is applied if the project can be completed by July 31,2010. This
discount reflects the ability to capture some economies of scale when the project is contained
within a shorter timeframe (as in 2007-2008). To realistically be able to do so assumes that
Council commits to scheduling review meetings accordingly.
Cost Assumptions
The following assumptions have been considered in pricing this proposal:
• There is no compensation work required this year.
• Meetings missed without 24 hours notice and re-work that result from missed meetings and
deadlines will be billed beyond the quoted project fee at discounted public sector rate of
$2501hr. (private sector rate is $3751hr.).
Professional Services
Rev. May 2010
Sherry L. Lund
EXHIBIT "C-l"
HOURLY RATE SCHEDULE
Project Manager
12
$2501hour
Professional Services
Rev June 2, 2010
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EXHIBIT "D"
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF P ALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OFIRE CONTRACT OBTAIN
AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITHAM
BEST'S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE
STATE OF CALIFORNIA.
AWARD IS CONTINGENT ONCOJ\.1PLIANCE WITH CITY'S INSURANCE REQUIREMENTS AS SPECIFIED BELOW' ,
MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT
YES
YES
YES
YES
YES
YES
EACH OCCURRENCE AGGREGATE
WORKER'S COJ\.1PENSATION STATUTORY Sole proprietor -not Sole proprietor-EJ\.1PLOYER'S LIABILITY STATUTORY required not required
BODILY INJURY $1,000,000 $1,000,000
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000;000
LIABILITY COMBINED.
--
BODILY INJURY $500,000 $500,000
-EACH PERSON $500,000 $500,000 -EACH OCCURRENCE $500,000 $500,000
AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED PROPERTY DAMAGE $500,000 $500,000
BODILY INJURY AND PROPERTY $500,000 $500,000
DAMAGE, COMBINED $500,000 $500,000
PROFESSIONAL LIABILITY, INCLUDING, .
ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE ALL DAMAGES $250,000
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED INCLUDING CITY, ITS COUNCIL MEMBERS,
OFFICERS, AGENTS, AND EMPLOYEES UNDER THE GENERAL LIABILITY POLICY. CONTRACTOR, AT ITS SOLE COST AND
EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT
AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS,
IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY, AUTOMOBILE, AND
PROFESSIONAL INSURANCE.
1. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FORA WRITTEN TEN DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE
OR OF COVERAGE CANCELLATION; AND
B.' A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III.' ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL
INSUREDS"
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
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THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL
NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS
ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF
THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
I. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER
THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY
AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT
OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
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SHERRY L.
Lt:ND
Associates
247 La Cuesta Drive
Portola Valley, CA 94028
(650) 854-0540 fax (650) 854-9702
sherrylund@aol.com
February 23, 2011
Councilmember Karen Holman
Chairperson, Council/CAO Committee
City of Palo Alto City Council
250 Hamilton Avenue
Palo Alto, CA 94301
Dear Councilmember Holman:
Following is a proposal for the annual CAO performance review process. It includes the project
description, timeline, benefits, project phases, tasks and consultant responsibilities, client
responsibilities, project cost and assumptions, consultant qualifications, and next steps for the
Council's consideration.
Project Description
The four CAOs control the major financial and human resources in executing the Council's vision
and priorities. Performance evaluation is an important opportunity for CAOs to get Council's
unified feedback on the past year; more importantly, it is the only opportunity to get unified
feedback about expectations of performance going forward. Focus, clarity and alignment are
critical to deploying financial and human capital efficiently and effectively; they are particularly
critical when resources are limited.
At the end of FY 2010-2011, the City Council will be evaluating the performance of three Council
Appointed Officers (CAOs). The City Manager and City Clerk will be evaluated for a full year.
The City Auditor will be evaluated for approximately five months, due to her medical leave. For
these three CAOs, I propose a similar evaluation process to that used in FY 2010-2011.
You also asked about scope and cost for mid-year check-in reviews and for soliciting feedback
from staff. Because each of these has its own separate considerations, I will address these
options in separate proposals.
You expect to hire a new City Attorney by the end of March. While it would be preliminary to do a
full-scale performance review in July, the timing of the review cycle (approximately 90-120 days
after start of employment) would be ideal for accomplishing the following three objectives:
1. Refine the City Attorney's performance criteria with Attorney and Council input;
2. Confirm alignment on expectations and make early course corrections; and
3. Set performance goals for FYI 2011-12.
Timeline
Last year, Council considered alternate timeframes for conducting annual CAO performance
reviews and concluded that they wish to keep the review process on the same schedule. This
means that the process would be completed by the end of July, or before the Council goes on its
annual meeting break. I suggest that, to make the process as easy on Council as possible during
SherryL. Lund Associates Proposal: 2011-2012 CAO Performance Review Process Page 2
a busy time, the work kicks off in early to mid-May. Starting then means that a contract would
need to be initiated by mid-April.
Benefits
The primary benefits I bring to the process are as follows:
1. The ability to leverage Council's time to best use. Council has a exceptionally heavy
work load with major budgetary and other issues in front of you.
2. Knowledge of your Council objectives, your unique City culture, your CAOs, plus
technical expertise in executive evaluation and work with Councils and Boards.
3. The ability to be efficient in helping Council deliver a quality process and outcomes.
4. Assurance of a safe, professional, and mutually respectful environment for review
discussions/feedback. I serve as an advocate for all points of view being heard within a
professional and respectful environment.
I can work flexibly with you to make any changes in the process that you may desire within the
framework of maintaining a quality process.
Project Phases, Tasks, and Consultant Responsibilities
In addition to the specific project steps listed below, I, as Consultant, prepare for all meetings and
communications; serve as project manager; and assure a sound methodology for the review
process as a whole. The following performance evaluation project steps correspond to the last
three years' process:
Phase /-Preparation for Review Session
In this phase, Consultant:
• Works with internal liaison to schedule project meetings and milestones.
• Solicits CAO self-evaluations, reviews them and provides feedback and advice.
• Works with the new City Attorney and Council to refine performance measures and
expectations; solicits Council's formal approval of the revised review form.
• Assures CAO questions are clarified and raised with Council.
• Prepares and distributes binders to Council, including instructions, CAO self-
evaluations and blank evaluation hard copies. Distributes soft copies of forms on the
same day.
• Reviews Council evaluation feedback; meets with each Council member in person or
by phone to refine and clarify written feedback prior to performance review session.
• Compiles written comments and numerical feedback from Council and develops a
written evaluation summary for each CAO. Prepares and sends confidential
hardcopy packet with this information prior to each CAO review session.
• Prepares information for closed review sessions which enables Councilmembers to
focus their discussion efficiently.
Phase 1/-Performance Review Session
In this phase, Consultant:
• Provides facilitation and technical assistance during closed session Council
performance review meetings, and performance goal-setting with each CAO.
• Documents agreed-upon unified Council feedback for written reviews and goals.
Phase 11/ -Post-Session Wrap-Up
In this phase, Consultant:
• Meets with CAOs to debrief evaluation meetings.
• Prepares final evaluation file copies and obtains necessary Signatures. Copies are
given to CAO Committee Chair for filing and to each individual CAO. Final action on
Council agenda is scheduled with City Liaison.
• Is available to meet with CAO Chair and/or Committee to get additional feedback
and/or refine future process.
Sherry L. Lund Associates Proposal: 2011-2012 CAO Performance Review Process
Due to the highly confidential nature of this assignment, I personally perform all work on
this contract.
Client Responsibilities
In order to support the success of the project, Client agrees to:
Page 3
• Assure involved parties a) are available for one-on-one and group meetings; and b) complete
evaluations on time in order to meet project milestones.
• Identify an internal liaison that can schedule appointments and provide support in getting
evaluation items on Council agendas.
• Provide meeting space and A-V equipment required.
• Commit to a professional and respectful process.
Project Cost and Assumptions
Annual Evaluation Cycle -The CAO annual evaluation process can be completed for a
project fee of$ 25,500.00, which includes expenses. A discount of $1,500 is applied if the
project can be completed by Aug.2, 2011. This discount reflects the ability to capture some
economies of scale when the project is contained within a shorter timeframe. To realistically be
able to do so assumes the project can begin by mid-May and that Council commits to returning
feedback and to scheduling review meetings to meet the deadline. This quotation is based on
the work as previously described and cannot be unbundled without re-quotation.
An option for gathering feedback from the CAO Direct Reports is addressed in a separate
proposal in order to provide more detailed information on recommended methodology.
Cost Assumptions
The following assumptions have been considered in pricing this proposal:
• There is no compensation work required this year.
• Meetings missed without 24 hours notice and re-work that result from missed meetings and
deadlines will be billed beyond the quoted project fee at discounted public sector rate of
$250/hr. (private sector rate is $375/hr.).
Consultant Qualifications:
I believe my skills and experience have been a good match for this work, as I offer:
• An insider's understanding of City culture and citizen expectations with the
outsider's ability to be fully objective about the process and relationships.
• Deep and broad experience in performance management (including executive
evaluation), executive coaching, negotiation, interpersonal communication,
rewards and recognition, and career development -all important components of this
project.
• Thirty-five years experience in organizational consulting--with twenty-three years consulting
experience in my own firm-for a broad variety of organizations in the public and private
sector:
o Public sector/non-profit experience examples include: Cities ()f Fremont,
Santa Rosa, Dublin, San Ramon, Sonoma, Mission Viejo, Tracy, Fairfield, Union
City, CA; plus, the City of Tualatin, OR; Counties of Santa Clara, San Mateo,
Alameda and Riverside, CA; BAAQMD, Carnegie Mellon University (Provost), the
Dr. Susan Love Research Foundation, the Council on Foundations, S. H Cowell
Foundation, and the University of California.
o Global private sector examples include: Intel, HP, Acco Brands, Cisco
Systems, Seagate, The Gap, Levi Strauss, Driscoll's, Xoma, Genelabs, among
many others.
This broad experience allows me to collect best practices from many sources and to
Sherry L. Lund Associates Proposal: 2011-2012 CAO Performance Review Process Page 4
avoid getting locked into the paradigms and traditions of a single type of organization.
Next Steps
Upon acceptance of this proposal by the CAO Committee and Council, the next steps are to:
1. Execute a contract per your internal procedure.
2. Develop a project schedule that is based on availability of all parties; revise it, as necessary,
with Council at the earliest meeting possible. Please note that a schedule cannot be
confirmed until the contracting process is complete.
I would be very pleased to work with the Council and the CAOs again on the annual review process.
Please let me know if I may provide additional information.
Best regards,
Sherry Lund
Principal
3 H E RRY L .
As S Cia ia t e S
247 La Cuesta Drive
Portola Valley, CA 94028
(650) 854-0540 fax (650) 854-9702
sberrylund@aol.com
February 23, 2011
Councilmember Karen Holman
Chairperson, Council/CAO Committee
City of Palo Alto City Council
250 Hamilton Avenue
Palo Alto, CA 94301
Dear Councilmember Holman:
Following is a proposal for 2011-2012 mid-year CAO performance review updates for consideration
by the CAO Committee and City Council.
Project Description
When an employee reports to a single manager, performance dialogue typically happens
throughout the course of normal work and one-on-one meetings. When an employee reports to a
group, these same opportunities do not exist. CAOs may have frequent conversations with
individual Council members, but rarely have the opportunity to get unified feedback from their
collective bosses.
CAOs manage significant human and financial resources in the City. In a highly dynamic
environment with nine bosses, a year is a long time to go between performance dialogue. Mid-
year check-in discussions allow for course correction, reprioritization, and early intervention so
that performance is actively managed and resources are correctly deployed. While Council has
the opportunity to give feedback to CAOs, CAOs also have the opportunity to raise questions and
check assumptions that help guide their performance for the rest of the year. The process itself is
a simpler, more streamlined version of the annual performance review process.
During 2011-2012, you would like to schedule mid-year check-in review discussions for the
City Manager, City Attorney, City Clerk, and City Auditor.
Timeline
Preparation work for this project would begin in November, with discussions held in either
December, 2011 or early January 2012.
Project Steps and Consultant Responsibilities
Step 1: Advance Preparation for Discussions
Advance preparation allows both Council and CAOs to use group time effectively and
efficiently. To prepare, I do the following:
• Interview each Council member individually for 30-45 minutes to gather update
feedback on the three CAOs. This is a much simpler process than is undertaken for
the annual review. The key questions are:
Sherry L. Lund Associates
Proposal for 2011-2012 CAO Mid-Year Check-In Discussions Page 2
o Do you feel this CAO is on track with the goals and objectives?
o Are there any changes/course corrections you would like to make in your
expectations or the CAO's performance?
o Is there any other feedback you would like to provide?
• Interview each CAO (30 minutes,each) to see if there are questions or issues that
they would like to raise with the Council.
• Summarize Council feedback and CAO questions and prepare agendas and materials
for closed sessions-all of which support an efficient and effective discussion.
Step 2: Closed Session Performance Check-in Discussions
The discussions are a simpler version of the annual review, but the discussion format is
generally the same. I do the following:
• Meet with Council in closed session to agree on update feedback, then bring in each
CAO individually for feedback and discussion.
• Provide facilitation and technical assistance as needed during the discussions.
Based on the differing scope of responsibilities and number of direct reports, I suggest
allocating closed session time as follows: two hours for the City Manager; one and one-half
hours for the City Attorney; one and one-half hours for the City Auditor; and one hour for the
City Clerk.
Step 3: Post-Session Wrap-Up
Upon completion of the closed session discussions, I do the following:
• Document agreed-upon Council feedback. .
• Answer follow-up questions with CAOs.
• Use feedback from Council and CAOs about how the process worked to refine it for
the future.
Due to the highly confidential nature of this assignment, I personally perform all work on this
contract.
Client Responsibilities
In order to support the success of the project, Client agrees to:
• Assure involved parties are available for one-on-one and group meetings.
• Identify an internal liaison that can schedule appointments and schedule closed sessions.
• Provide meeting space and A-V equipment required.
• Commit to a professional and respectful process.
Project Cost
This project can be completed for a project fee of $ 7,450.00, which includes expenses. This
quotation is offered based on economies of scale for four CAOs, and cannot be unbundled
without re-quotation.
Meetings missed without 24 hours notice and re-work that result from missed meetings and deadlines
will be billed beyond the quoted project fee at discounted public sector rate of $250/hr. (private sector
rate is $375/hr.).
Next Steps
Upon acceptance of this proposal, the next steps is to execute a contract per the City's
internal procedure. .
Sherry L. Lund Associates
Proposal for 2011-2012 CAO Mid-Year Check-In Discussions Page 3
I would be pleased to help you implement this next refinement of the CAO performance review
process. Please let me know if I may provide additional information.
Sincerely,
Sherry Lund
Principal
S H 1:RR Y L .
LUND
Associ ates
247 La Cuesta Drive
Portola Valley, CA 94028
(650) 854-0540 fax (650) 854-9702
sherrylund@aol.com
February 25, 2011
Councilmember Karen Holman
Chairperson, Council/CAO Committee
City of Palo Alto City Council
250 Hamilton Avenue
Palo Alto, CA 94301
Dear Council member Holman:
As part of the CAO annual performance review process, you asked for a cost quotation on gathering
feedback from staff members. The purpose would be to provide better input to the leadership portion of
the performance review. I am submitting this information as a separate proposal, as there are some
unique issues involved in getting input beyond that of Council.
Project Background
City Councils hold CAOs accountable for staff leadership, yet Councilmembers often feel they do not
have enough balanced contact with staff members to assess this factor. Councils do not generally need
deep and detailed information. They need to have enough balanced feedback to conclude that
leadership is solid, that there are early signs of a potential problem that merits a mention, or that there is
a clear problem that requires an action plan or intervention. Councils typically don't engage in offering
detailed leadership advice to their CAOs, but they may direct an individual to address an issue or pattern
of issues,and/ or to seek outside assistance.
Choosing a methodology to get feedback from the staff level is critical. Whatever methodology is used
needs to include a well-executed process, careful question construction, the ability to verify the accuracy
of the messages in context, and useful results. To do otherwise leads to poor outcomes and legal risk.
Periodically, I hear Councilor Board members in various organizations talk about using 360° feedback. I
would clarify that asking staff members for feedback constitutes multi-rater feedback, but is not 360°
feedback:
• 360° feedback methodologies
seek feedback from all levels and directions surrounding the leader-e.g., the boss, subordinates,
peers, customers/ constituencies, key stakeholder relationships, and sometimes others.
• 360° feedback done well is a
much more rigorous process and it is typically used as a developmental tool rather than a
performance appraisal tool. Should Council want a CAO to engage in an improvement plan on
the leadership dimension, a high quality 360° feedback tool in the hands of a skilled
interpreter/coach can be an excellent developmental too for providing feedback and creating a
road map for developing leadership skills.
Therefore, 360° tools are really not a good choice for Council's purpose in evaluation.
Sherry L. Lund Associates Proposal: 2011-2012 CAO Staff Feedback Option Page 2
One of the simplest and most inexpensive ways to gather feedback is through a written survey. However,
there is a great deal of potential for abuse in gathering multi-rater feedback through written survey
questions alone. Some of the more problematic aspects are:
• There is no interpretive context for comments, e.g., whether feedback from an individual is
merited or is vindictive and personal.
• If responses are unclear, too general, or don't provide examples, there is no opportunity to ask
follow-up questions.
• Written feedback alone is more reliable in an organization with a history and culture of giving and
receiving performance feedback across all levels. People who know that they will both be givers
and receivers of feedback tend to use feedback constructively rather than to punish.
Conducting interviews overcomes most of the disadvantages of written surveys. An experienced
interviewer can assess the context of comments, e.g.:
•
•
•
s feedback coming from a staff member who is on a performance plan himself/herself?
s the CAO striking the right balance of leadership while executing Council's vision for change?
E.g., is the leader advancing change, dealing with collective bargaining, reorganizing staff and
processes to achieve efficiencies/effectiveness)? CAOs are delivering a lot of difficult news in
today's economic climate, but skilled leaders manage to find the right balance and speed of
change while maintaining the respect of their teams and stakeholders.
re the staff member's expectations reasonable, compared to other organizations and generally
accepted good leadership behavior?
A
Clearly, conducting interviews is a better solution from a methodology perspective. However, the logistics
of interviewing approximately 30 direct reports for the 4 CAOs becomes a heavy, cumbersome, and
expensive process.
Therefore, I am proposing a proc~s that combines both written survey feedback and some
interviewing to achieve a result that maintains the integrity of the process while balancing time
and cost factors.
Project Steps for Recommended Process
I recommend the following process, as described in the steps below:
•
•
tep 1: During each CAO's staff meeting, I introduce myself, the purpose for soliciting
feedback, and the process.
S
S
tep 2: One-on-one with each CAO, I listen to the CAO's perspective and weigh that as I
consider context. As part of my regular meetings with CAOs to kick off the annual evaluation
process, I talk with them about context that they feel I should be aware of (from their perspective).
I can simply expand that discussion at no additional cost.
• Step 3: I ask staff members to respond in writing to 4-6 targeted questions that require
comments. Comments, not ratings, are required to formulate a clear plan for change. Responses
are submitted to me with names attached, so that I am able to follow up with questions.
However, all feedback reported to Council and CAOs is anonymous.
• S tep 4: I read comments and follow up with brief phone interviews. In these interviews, I
probe more deeply, fleshing out examples and testing assumptions to validate messages
and themes.
Sherry L. Lund Associates Proposal: 2011-2012 CAO Staff Feedback Option Page 3
•
tep 5: I summarize the final feedback and incorporate it into the annual review process.
Timeline
Ideally, this process would be started at the front end of the annual review process (early to mid-May) in
order to seamlessly integrate it into the annual CAO review process.
Cost
This project can be completed for a project price of $5,900, including all expenses. This quotation
repJesents consideration for volume pricing as an add-on to the annual evaluation process. Please
note that price quoted is a package price for all 4 CAOs as described above and cannot be unbundled
without requoting.
Next Steps
Upon acceptance of this proposal by the CAO Committee and Council, the next steps are to:
1. Execute a contract per your internal procedure.
2. Develop a project schedule, based on availability of all parties; revise it, as necessary, with
Council at the earliest meeting possible. Please note that a schedule cannot be confirmed until
the contracting process is complete.
It would be a pleasure to work with the Council and the CAOs to introduce this new component of the
CAO review process. I would be happy to provide whatever additional information you may need.
Best regards,
Sherry Lund
Principal
S
8H3:RRY 1-.
LUND
Associat.es
247 La Cuesta Drive
Portola Valley, CA 94028
(650) 619-5500 fax (650) 854-9702
sherrylund@aol.com
April 21, 2011
Councilmember Karen Holman
Chairperson, Council/CAO Committee
City of Palo Alto City Council
250 Hamilton Avenue
Palo Alto, CA 94301
Dear Councilmember Holman:
I previously sent you a proposal for the 2010-2011 annual CAO evaluation process, dated February 23,
2011. This proposal covers the evaluation of three CAOs (City Manager, City Clerk, and partial year for
City Auditor) in addition to a goal-setting/early phase evaluation for the newly hired City Attorney.
In light of the City Auditor's resignation, I am willing to modify that proposal in any way that would be
useful to the Committee and Council. I see two primary options:
1. Review the Acting City Auditor for the approximate seven months that he was in place. This
would provide the opportunity for Council to assess how that function is performing, to provide
feedback to the Acting Auditor, and inform the recruitment process. If you election this option, the
proposal cost quotation remain~ the same.
2. Remove any review/discussion for the Auditor function altogether. Should you wish to go this
direction, the revised project fee would be $ 21,500 for the proposal.
I hope this addition assists with your decision-making process. Please let me know if you need any
additional information.
Best regards,
Sherry Lund
Principal
City of Palo Alto (ID # 1644)
Council Appointed Officers Committee Staff Report
Report Type: Meeting Date: 4/27/2011
April 27, 2011 Page 1 of 2
(ID # 1644)
Summary Title: City Auditor Recruitment Proposals
Title: Interview of Recruitment Firms (City Auditor) and Recommendation to
City Council
From: City Manager
Lead Department: Human Resources
Recommendation
Staff recommends that Council Appointed Officers Committee (CAO Committee) review
responses to the Request for Proposals (RFP) for professional services and provide
direction.
Discussion
On March 28, 2011, the CAO Committee Chair directed staff to conduct an RFP for the
City Auditor Recruitment. The deadline for responses to the RFP was April 14, 2011.
The list of respondents is attached coupled with copies of their proposals for members
to review and a copy of the RFP. Staff will be available to answer questions and receive
direction from the Committee on how to proceed.
List of Respondents
Avery & Associates
Ralph Andersen & Associates
*The responses to the Request for Proposals are available for review in the Human
Resource Department on the 1st floor.
Attachments:
•-a: City Auditor RFP 2011(PDF)
•-b: Avery & Assoc RFP City Auditor (PDF)
•-c: Ralph Andersen & Assoc RFP City Auditor (PDF)
2
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April 27, 2011 Page 2 of 2
(ID # 1644)
Prepared By: Sandra Blanch,
Department Head: Sandra Blanch,
City Manager Approval: ____________________________________
James Keene, City Manager
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-: City Auditor RFP 2011 (1644 : City Auditor Recruitment Proposals)
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Packet Pg. 40
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Packet Pg. 41
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Packet Pg. 42
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Packet Pg. 43
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Packet Pg. 44
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Packet Pg. 45
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Packet Pg. 46
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Packet Pg. 47
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Packet Pg. 48
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Packet Pg. 49
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Packet Pg. 50
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Packet Pg. 51
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Packet Pg. 52
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Packet Pg. 53
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Packet Pg. 54
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Packet Pg. 55
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Packet Pg. 56
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Packet Pg. 57
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Packet Pg. 58
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Packet Pg. 59
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Packet Pg. 60
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Packet Pg. 61
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Packet Pg. 62
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Packet Pg. 63
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Packet Pg. 64
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Packet Pg. 65
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Packet Pg. 66
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Packet Pg. 67
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Packet Pg. 68
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Packet Pg. 69
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Packet Pg. 70
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Packet Pg. 71
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Packet Pg. 72
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Packet Pg. 73
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Packet Pg. 74
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Packet Pg. 75
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Packet Pg. 76
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2.c
Packet Pg. 77
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2.c
Packet Pg. 78
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