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HomeMy WebLinkAboutStaff Report 250-08TO: FROM: DATE: SUBJECT: CITY MANAGER MAY 19, 2008 HONORABLE CITY COUNCIL DEPARTMENT: City Manager’s Office CMR: 250:08 APPROVAL OF CONTRACT WITH SHERRY LUND ASSOCIATES IN .4~N AMOUNT NOT TO EXCEED $26,500 FOR FACILITATION OF THE COUNCIL APPOINTED OFFICER EVALUATIONS RECOMMENDATION Per Council direction at the April 30 special meeting, staff recommends that the Council authorize the Mayor to enter into an agreement with Sherry Lund and Associates in an amount not to exceed $26,500 for facilitation of the Council Appointed Officers’ annual performance evaluations. BACKGROUND/DISCUSSION On April 30, 2008, the CiD~ Council held a special meeting to interview three firms for the facilitation of the annual Council Appointed Officers’ (CAO) perfoi~mance evaluations. At that meeting, the Council selected Sherry Lund and Associates as the preferred consultant. Councilmember Barton, current CAO chair, conducted reference checks on Ms. Lund, which were all positive. Based on this feedback, staff has prepared this staff report and contract for Council consideration. Sherry Lund and Associates has many years of experience in executive evaluation facilitation and coaching in both the public and private sectors. Her resume and biography are attached again for reference (Attachment A). The proposed contract with Ms. Lund is included as Attachment B. RESOURCE IMPACT Funds for this contract ($26,500) are available in the City Council budget for FY 07/08. POLICY IMPLICATIONS This recommendation is consistent with current Council policy. ENVIRONMENTAL REVIEW CMR:250:08 Page 1 of 2 This recommendation does not constitute a project requiring envirolmaental review under the California Enviromnental Quality Act. Attachments: A: Biogaphy and Resume for Sherry Lurid and Associates B: Proposed contract with Sherry Lund and Associates PREPARED BY: APPROVED BY: KELLY MORARIU Deputy City Manager FRA’N~ BENEST City Manager CMR:250:08 Page 2 of 2 LUND 247 La Cuesta Drive Portola Valley, CA 94028 (650) 854-0540 fax (650) 854-9702 sherrylund@aol.com Attachment A An Introduction to Sherry L. Lund Associates ORGANIZATIONAL DEVELOPMENT CONSI~TLNG SERVICES Sherry L. Lund Associates provides highly leveraged, innovative, and results-oriented solutions that are customized to your unique needs. We are committed to client- centered customer service and developing enjoyable and long-term working relationships with our clients. -~We are systems consultants. ->We customize solutions to your unique needs. -~We are committed to the highest ethical standards. -->We have a pragmatic and realistic approach to workplace issues. We~ Help organizations to become nimble, streamlined, and .responsive. Help intact, cross-functional, global, and newly merged teams to speed up the process of working together effectively and achieving their objectives. Help managers and individuals to make their highest level contribution. On the following pages, you will find more detailed descriptions of how we can help you and your organization in each of these areas: ¯Strategic Planning Organizational Transition and Change ¯Executive Performance Evaluation and Executive Coaching Assessment ¯Reengineering/Work Redesign/Organizational Design ¯The Myers-Briggs Type Indicator (MBTI) ¯Joint Development/Mergers/Acquisitions ¯Team Development ¯Customer/Client Satisfaction Strategy For the best teverage of your time and dollars and the greatest impact on results, we link and integrate our work with the functional tools and systems you have in place now. ORGANIZATIONAL DEVELOPMENT CONSULTING Strategic Planning, Facilitation, Meeting and Retreat Planning A quality strategic plan is more than long-range visioning and forecasting. It goes beyond merely predicting the future--it enables us to actually influence our future. We provide consulting on strategic plan development through all phases: assessment and design, process facilitation, and integration of the plan into goal-setting and budgeting. Our process: Saves time and money. A quality plan assures that limited human and financial resources are targeted in those areas which have the greatest impact on our future. Provides focus, clarity and alignment. Managers, Councils~oards, and employees work together more effectively and efficiently because they are moving in the same direction. Is crisp, actionable and realistic. Generating too much volume leads to inaction. We work with clients by: Providing consulting through the entire planning process - assessment, design and facilitation of all meetings, process integration, and tracking results. Designing a process that optimizes results within the client’s culture, time and cost constraints and expectations. " Integrating the plan with organizational goal-setting and budgeting cycles. , Making the process enjoyable along the way. Organizational Transition and Change Organizations are increasingly confronted with how to bring about major change with the least disruption to productivity and morale. We support organizations dealing with the following challenges: mergers; acquisitions; joint development initiatives; rapid growth; downsizing; reorganizing; work redesign; introduction of new technology; or changing your corporate culture. We can provide you with any or all of the following types of support: ¯Assessing culture fit issues ¯Retaining employees during mergers, acquisitions, and management changes ¯Formulating an effective change and transition management plan ¯Overcoming resistance to change ¯Developing a plan for communicating change to employees and customers-- content, timing, and specific audiences ¯Coaching managers, transition team members, and HR staff ~Facilitating small- and large-group Sessions to renew energy and commitment and refocus work objectives; and, Designed change can help keep organizations change-ready, retain intellectual capital, cut down on productivity loss, and minimize the costs of making major changes. Sherry L. Lurid Associates (650) 854-0540 sherrylund@aol.com Executive Performance Evaluation and Executive Coaching We work with Boards and City- Councils to design and facilitate executive assessment. Processes frequently include collecting and collating data, facilitating performance discussions and presentation of reviews. We have often also designed going-forward processes that are prospective, simple tools that provide quality measurements, and systems for tracking performance and providing feedback throughout the year. We also frequently coach executives and managers individually. Clients typically come to us as a result of one of the following situations: A high performing executive/manager wants to increase effectiveness, strengthen skills, and/or fast track preparation for running an organization; An executive or manager with a strong technical background wants individual coaching to fill in gaps of knowledge in management, organizational structure, change management, communications, etc. An executive or manager is stalled in his/her career and wants to overcome the barriers to career advancement; ¯An individual wants to reassess his/her career path and consider other options; ¯An individual.is on a performance plan and needs individual support to succeed in his/her current position. A customized plan, goals, and success factors are developed to match the unique needs of each client. We use a variety of assessment tools as part of the process. Active coaching and progress reviews are done in person and by telephone, typically over a period of 3-6 months. Clients have specific assignments to complete between coaching sessions. Ask us for a package and quote tailored for your specific needs. Assessment A lot of time, energy, and resources can be misspent on addressing symptomatic issues. Our assessment expertise allows us to identify underlying problems and their causes and to throw light on the subtle factors at work in a situation. We add value to the diagnostic process by: Drawing people out in a private setting, helping them.to open up, and allowing them to fully articulate their concerns and relevant information; Separating major issues from lesser issues and system noise; Focusing on what’s working (build on strengths) as well as improvements; Providing a skilled, professional, "outside" view of the situation. Evaluating the consequences of action alternatives on the total system in order to achieve more impactful and lasting results in your organization. We report group themes, maintaining the anonymity of indi~ddual feedback. We also make recommendations, and help you formulate action plans and communication plans. Sherry L. Lund Associates (650) 854-0540 sherrylund@aol.com Reengineering/Work Redesign/Reorganization Changes in customers, technology, competition, and the external environment all may call for a new paradigm for doing business. Organizations often reach a point where evolution and fine-tuning no longer meet the challenges of today and tomorrow. We are experts in reengineering, work redesign, and reorganizations. Many consulting firms do an excellent job on the intellectual design process; but they often leave the work force in ashes. The resulting chaos and uncertainty affects all, causes top performers to leave, and leaves others disoriented and unmotivated. Our strength in reengineering, work redesign, and reorganization is the result of our expertise in change and transition management and our ability to integrate human factors into work and structural design.. Areas often overlooked that we excel in include: Treating employees with respect during the change process Maintaining a positive work environment Communicating ethically and often through a clear plan Maintaining positive customer relationships Helping employees deal constructively with the difficult changes that are necessary for staying competitive and producing results The Myers-Briggs Type Indicator We are experts in the use of the Myers-Briggs Type Indicator (MBTI). The MBTI is the most widely-used instrument for executive and management development. It is invaluable for helping managers and team members understand their own interaction and decision-making stTles, understand others’ different styles, and appreciate the value of the differences. This tool has been used successfully in multicultural and multinational settings. With 70 years of research behind it, the MBTI is a powerful and enjoyable mechanism for building effective work relationships in intact or cross-functional teams or v~dth customers. Our publisher is Consulting. Psychologists Press, publisher of the MBTI. Joint Development Initiatives, Mergers & Acquisitions We help JD and M&A teams get off to a fast, positive start. You’ve already identified the value drivers in the JD deal. Our "Doing What Matters" process makes sure that the organizational elements and processes are lined up for success from the beginning. Once these initiatives are well underway, the sheer volume of demands on everyone’s time makes it harder and harder to figure out what to do and to get the right processes and tools in place. We provide assessment, a fa(t launch process to help you focus on "Doing What Matters," change and transition management, and meeting design/facilitation services to help you be successful. Sherry L. Lund Associates (650) 854-0540 sherrylund@aot.com Team Development We provide team development for intact work groups, cross-functional teams, executive teams, and business process re-engineering initiatives. We have particular expertise in working with multi-national teams, and teams operating across multiple sites and broad geographies .(both functional and cross-functional). Our overall approach to team development is focused on addressing business issues, creating commitment, and improving interpersonal relationships. Business solutions~. Teams improve their ability to work collaboratively while they address business issues. Commitment. We use a carefully structured process that helps teams identify their blocks to productivity and create solutions to which they’re committed. Improved relationships. We recognize that business demands and pace create ripe environments for conflict. Our approach helps team members work through the inevitable conflicts in a constructive manner. We help surface issues in an open and .supportive atmosphere, focus on the critical work elements, and help negotiate differences for!asting improved relationships. We are known for our expertise in using the Myers-Briggs Type Indicator (MBTI). The MBTI is used widely in business to help team members both more fully appreciate each other’s unique strengths and capitalize on individual differences (rather than let these become obstacles). Customer/Client Satisfaction We work with you to develop a unified system-wide strategy to make you an industry leader in both Web-based or traditional commerce. We help you to: 1) Assess customer satisfaction through customized ¯Individual interviews; ¯Focus groups; ¯Design of survey" instruments; and ¯Product or service sampling. 2) Develop clear action plans based on customer feedback. 3) Implement action plans in your organization; e.g., ¯ Redesign weak service links; ¯ " Building on the elements that are working well; ¯Streamline customer processes; ¯Resolve blocks in the supply chain or in cross-functional interfaces that may be hindering customer satisfaction. Depending on your need, consulting services can take the form of a single simple intervention or a major multi-year process. Sherry L. Lund Associates (650) 854-0540 sherrytund@aol.com SHERRY L. LUNq) Sherry L. Lund is a management consultant, author, and speaker whose clients are !ocated throughout the U.S., Canada, Europe, the Middle East, and Asia. Sherry L. Lund Associates, based in Portola Valley, California, provides management consulting services in the areas of multinational and domestic team development, strategic planning and alignment, change and transition management, executive performance and coaching and process re-engineering. Sherry brings to her work a broad background in the punic and private sector, working with high technology, health care, biotechnology, financial services as well as Cities, Counties, major universities, and foundations. She is a superior executive coach and facilitator of organizational change who is "known for her business acumen, her clear thinking, her good humor, and her ability to balance strategy and vision with practical realities. Her clients rely on her ~knowledge of and sensitivity to people of diverse styles and cultures. She is an expert in the use of the Myers- Briggs Type Indicator. Sherry has previously served as an Advisory Board member for Santa Clara County’s Organizational and StaffDeve!opment Depamnent. She has also been an Advisor to Santa Clara University’s Executive Development Center of the Leavey School of Business. Sherry holds a B.A. in Communication and Theatre Education from the University of Colorado, Boulder and an M.A. in Communication (organizational, interpersonal emphasis) from the University of Colorado, Denver. Her master’s thesis research focused on interpersonal behavior of physicians. She is a national and local member of the Organizational Development Network, and the Association for Psychological Type, a former Board member of the Bay Area Association for Psychological Type, and has been featured on Oprah about the MBTI. She is the co-author of Making It In Today’s Organizations: Career Enrichment. Career Advancement and Career Transition, published in 2000 by Consulting Psychologists Press. REPRESENTATIVE CLIENT LIST Acco Brands Alameda Co. Public Health Department Apple Computer Charles Schwab Corporation City of Dublin City of Santa Rosa County of Riverside Driscoll’s The Gap, Inc. Hewlett-Packard Company Icarian Jurika-Voyles, Inc. Lluminari-(Nancy Snyderman, Susan Love, M.D.’s) Northern Telecom Quantum S. H. Cowell Foundation Board Seagate Summit Medical Center Trimble Navigation, Inc. Viacom Alameda Co. Emergency Medical Systems American Electronics Association Carnegie Mellon University - Provost Cisco Systems City of Fremont County of Santa Cruz Dazel Corporation Fox & Carskadon Genelabs, Inc. Hospice of Bend-LaPine InteI Corporation Levi Strauss & Co. Ne!lcor, Inc. Pro-Duct (Susan Love, M.D.) San Joaquin County Medical Center Santa Clara Valley Water District Sony Computer Entertainment Sun Microsystems University of California Wells Fargo Nikko Investment Advisors Sherry L. Lund Associates (6.50) 854-0540 sherrylund@aol.com Some Examples of Client Engagements and Results¯.. Developing strategic and operational plans that provide clarity and focus. Redesigning work, organizations, and systems to provide better service, to streamline and integrate processes, and to reduce costs. Supporting joint development initiatives, mergers, acquisitions, and divestitures. Designing and facilitating an international conference. Speeding up and improving teamwork; helping teams embrace changes in management and/or membership while increasing productivity. Helping sales teams achieve a competitive edge through improved account relationships and intra-team collaboration. Using customer and employee feedback to. achieve measurable service increases. Coaching executives for improved performance and professional development/advancement We provide a broad range of organizational consulting services: work and business process redesign, assessment, mergers and acquisitions, change and transition management, facilitation, customer satisfaction strategy, and strategic and project planning--all in a systems consulting framework. We help our clients achieve a competitive advantage by developing practical customized solutions to business problems. We are systems consultants who focus on long- term solutions that are highly tailored to your needs, If we can support you and your goals, please let us "know. We’d be happy to meet with you and talk in more detail about your objectives. Following are a few examples of ways in which we’ve served our clients: Developing strategic and operational plans that provide clarity and focus. ¯ Strategic Planning consulting for several California cities.. Consulted on plan and process design, facilitation of major meetings, served as consultant to City Manager and Strategic Task Force, made City Council presentation/facilitation resulting in a 15-year strategic plans that had stakeholder buy-in and was welt-integrated into the goal-setting and budgeting planning processes. ¯ Strategic Planning consulting for a financial services organization. Designed a tailored planning process, facilitated key meetings Of staff and Board of Directors resulting in a plan that staff could be excited about and implement, and a Board that applauded the plan’s integration into business systems and employee objectives. Sherry L. Lund Associates (650) 854-0540 sherrylund@aol.com ¯ Strategic and product plan development for a high tech R&D team. Conducted an assessment of past processes and usable tools, debrief recommendations, designed and facilitated meetings that resulted in exceeding client expectations for the plan results and process. ¯ Strategic planning process for a legal litigation firm. Conducted an assessment, debriefed recommendations, designed and facilitated meetings with partners. Resulted in a well:integrated plan, a new business model, and improved marketing approach, and more clearly defined decision-making. ¯ Strategic Plan development for a major multi-site medical center that gained the alignment and support of the Board of Trustees, staff, physicians, and labor. ¯ Strategic Plan, organizational design, and plan implementation consulting to a public health care agency undergoing major culture and service shifts. As a result, the agency mo’~,ed from providing population-based services to community-based services, initiating public/private partnerships, changing the funding base, and redesigning the organization. Plan development, facilitation of strategic and operational meetings, and ongoing consulting. Speeding up and improving teamwork; helping teams embrace changes in management and/or membership while increasing productivity. . New Manager/New Team Fast Start consulting for a Vice President of a global high-tech firm who manages a 15,000 person, $4 billion segment of the organization. Design and facilitation of a similar process to speed up onboarding and teamwork for: -City Managers and several City department heads. -the VP of a large high-tech human resources group, which supports some 39,000 employees. -the CEO of a medical center with 2,000 employees. -the CEO of a high-tech start-up organization. -and numerous other CEOs and their executive teams and department managers and their staffs. . Board development for a large, private foundation’s Directors, resulting in a Board succession plan, plus a more effecti’~,e and efficient meeting process. o Team development consulting with a variety of intact and cross-functional teams in a broad spectrum of industries. We specialize in addressing the unique challenges of groups who are split across domestic and international geographies or internal groups working cross- functionally. Some examples of team we have worked with include: > Teams that had conflicts due to personality issues and cultural issues, resulting in better use of time and greater job satisfaction; )~ Teams that functioned quite wel!, but wanted to maximize their performance, resulting in accelerated learning and performance; > Teams that had historically operated as silos, who needed to function as an integrated team, resulting in greater collaboration on integrated business goals and customer service. >Teams that were not achieving their results and wanted to ID the problems and course-correct, that resulted in action plans that produced results. Sherry L. Lurid Associates (650) 854-0540 sherrylund@aol.com ¯ Consulting on a multidisciplinary City research and development initiative, combining Community Development, Redevelopment, and Housing. Results included leveraged impact of the three groups, streamlined processes, strengthened interfaces, and increased results for the community. ¯ Facilitation of project team leaders on a capital fund drive in quarterly meeting reviews over aone-year period that resulted in increased individual and team- accountability and financial results. Facilitating executive performance evaluation + Coaching executives for improved performance and professional development ¯ Facilitation of performance evaluations with City Managers, City Execs, Boards, and CEO’s. Collected and collated feedback comments and data, facilitate performance discussions and presentation of feedback. Assisted in setting performance objectives and developing simple and clear measurement tools and processes. Resulted in fair, professional performance assessment, clear agreements and goal-setting for the future, and enhanced ability to influence future performance. ¯ Coaching senior executives in the public and private sectors who want to increase their effectiveness and engage in tailored professional development. We will describe these engagements in clusters in order to preserve the anonymity of individual clients: A varieO, of executives in thepublic andprivate sectors who were stalled in their careers due to interpersonal difficulties, difficulty creating a vision and strategy, difficulty executing to the strategy, etc. A varieO, of executives who were identified as high performers with high leadership potential by their organizations who needed fast, personalized development in order to prepare for a promotion. CEO/Entrepreneurs of start-up companies who needed support on working with his/her staff and getting results in a small, fast-moving development environment. In each of these situations, we developed an action plan with the client, and provided tailored, focused coaching to help those clients achieve their goals. We have worked with many clients in a variety of industries and organizations: high tech, health care, government, financial services, entertainment, fashion, and education, among others. Redesigning work, organizations, and systems to provide better service, to streamline and integrate processes, and to reduce costs. ¯ Design and facilitation of a financial work redesign process for a Fortune 500 corporation. Designed a process and facilitated thirty participants from Europe, South America, Asia, and the U.S. in simplifying and integrating strategic planning, budgeting, capital expenditures, and systems requirements, streamlining paperwork and saving thousands of hours of time for over 2,000 managers worldwide. ¯ Design and facilitation of a project post-mortem process for a software development corporation, that resulted in faster TT$ for future releases and an increased continuous learning environment. Sherry L. Lund Associates (650) 854-0540 sherrylund@aol.com ¯ Design and facilitation of a reinvention strategy and launch process for a global services team of a major corporation. Met quarterly with top 20 global managers to define business opportunities, economic buyer/billing model, vision of people, processes, and services, operation principles, priorities, owners, action plan and communication plan. The result was cost savings to the corporation and alignment down and across the team of 5,000 employees worldwide in this group. ¯ Design and facilitation of a comprehensive redesign of a county emergency medical system, that was the result of the collaboration of disparate groups - city managers, EMT’ s, ambulance service companies, fire captains, unions, physicians, third party payors, and county EMT administrators. This work gained nationwide attention and an article co-authored with the client was featured in the "Futures" section of the 40th anniversary issue of the Journal of Emergency Medical Services. ¯ Design and facilitation of a comprehensive capacity assessment Process for a County public health department that provided the foundation for integration of 11 clinical and policy departments and improv4d service to clients and the community. ¯ Design and facilitation of a streamlined planning and budget proposal process for the channel marketing organization of a Fortune 500 corporation resulting in time and cost savings for 30 managers, and improved working relationships with other department partners. o Representative/consultant for VP of IISR on acquisition team in a major financial services organization. Provided ~onsulting to acquisi~on team on change and culture issues. Kept VP of HR apprised on strategic and operational issues; made recommendations on change and employee integration process, resources, and priorities. Resulted in proper resourcing and project management for acquisition process, proactive avoidance of problems, employee retention, and a smoother transition for both organizations and their employees. ° Consultation to General Manager and staff on a divestiture. Provided expertise on change management and employee retention. Coached GM, management/supervisor3, team, and individuals throughout divestiture and subsequent acquisition with another major organization. Resulted in reduced liability for the company, continued engagement of employees throughout the process, and successful out-placement of the entire workforce. ¯ System-wide effectiveness audit of a joint development initiative between a major high tech corporation and a smaller partner. Presented findings and recommendations to management, and facilitated course correction plan, resulting in faster TT$, fewer surprises with negative impact, and improved communication between the partners. Designing and facilitating an international conference. ¯ Design and consulting for an international conference in FIong Kong attended by U.S. Fortune 500 corporations (1/3 of attendees), and major Asian corporations located in 12 Asian countries (2/3 of attendees). Provided consultation on intercultural issues with our associates from Hong Kong, Laos, and China. Also facilitated plenary sessions. Results were a high level of engagement and participation among attendees from diverse cultures with many languages, culturally-appropriate session design and facilitation, and very high evaluations from attendees. Sherry L. Lund Associates (650) 854-0540 sherrylund@aol.com Helping sales teams achieve a competitive edge through improved account relationships and intra-team collaboration. ¯ Consulting on customer effectiveness with a high-tech marketing team. We helped them to understand their customer’s profiles and showed ~hem how to be more competitive. ¯ Consulting on internal sales teamwork with sales regions of another high-tech organization that resulted in an increase in teamwork effectiveness and their stren~hened ability to serve the needs of diverse accounts. Using customer and employee feedback to achieve measurable service increases. ¯ Design and implementation of a customer satisfaction survey for a Fortune 500 global high tech group over a 5-year period. This process was transferred to the client organization over a four-year period. Results included large improvements in all thirteen metrics, reduced risk in meeting product release targets, and significantly reduced TT$ for the organization. ¯ Design and implementation of an employee satisfaction survey over a period of 3 years for a Fortune 500 global high ~ech organization, resulting in significant increases in employee retention, career development, and job satisfaction. o Culture and employee satisfaction assessment interviews of all employees of a rapidIy growing financial services company. Provided results and recommendations to the CEO and senior management team, and facilitated an action plan that resulted in the implementation of that plan, including related communications to employees. Sherry L.Lund Associates (650) 854-0540 sherrylund@aol.com PROFESSIONAL SERVICES CONTRACT ($0 - $85,000)No. c08!23238 THIS AGREEMENT made and entered into on the__20~’-’h day of "-~Y .20 08 [Date to be entered by Citv. Purchasim,]= By and between the CITY OF PALO ALTO (hereinafter referred to as CIT~3, and: (Nanqe) Sherry L. Lund Associates (Address) 247 La Cuesta Drive (CiD,) Portola Valley (State) ~ (Zip) 94028 (Phone) (650) 854-0540 (hereinafter referred to as CONSULTANT). In consideration of their mutual covenants, the parties hereto a~ee as follows: SERVICES. CONSULTANT shall provide or furnish the Executive Performance Evaluation Services described in the Scope of Work, attached hereto as Exhibit .~ and incorporated herein by this reference: EXHIBITS. The following attached exhibits are hereby made a part of this ageement: K"A" I~"B" K"C" V’,-D,, i- ,, CONTRA CT IS NOT COMPLETE U2"~ZESS ALL EXttlBITS ARE ATTACHED. 3.TERM. The services provided under this ag~ eement shall commence on May 20, 2008 and shall be completed before Apri! 30, 2009 COMPENSATION. CITY shal! pay CONSULTANT as compensation for the full performance of this Contract: r-The total lump sum of ($3, payable within thirD’ (30) days after receipt of invoice; or dollars Thesumof two hundz-ed and fifty dollars($250"00 ) perhour, payable within thirty (30) days m%er receipt of invoice;not to exceed a total amount of twenty six thousand five hundred dollars($26’500"00 .);or r-A sum in accordance with the fee schedule set forth in Exhibit B, attached hereto and incorporated herein by this reference; not to exceed ~ ($.), payable within thin}., (30) days after receipt of invoice. INVOICLNG. Send all invoices to the CITY, Attention: Project Man~er. The Project Manager is: Kelly Morariu , Dept.: Office of the City Manager Telephone: 650-329-2452 ANY HOURS WORKED FOR ~q--IICH PA E,I/IEP, rT WOULD RESULT L~,~ A TOTAL EXCEEDI.~,rG THE MAXIMUM AMOUNT OF COMPE1VSATION SET FORTH HEREIN SHALL BE AT NO COST TO CITE CITY OF PALO ALTO GENERAL TERa, MS AND CONDITIONS A. ACCEPTANCE. This a~eement is limited to the terms and conditions on pages 1 through 3 hereof which includes any exhibits referenced. B. GOVERNING LAW. This agreement shall be governed by the laws of the state of California. C. ASSIGNMENTS/CHANGES. This agreement shall not be assigned or transferred without the v,a’itten consent of the CITY. No amendments, changes or variations of any kind are authorized without the written consent of the CITY. D. AUDITS. CONSULTANT agrees to permit CITY to audit, at any reasonable time during the term of this agreement and for three (3) years thereafter, CONSULTANT’S records pertaining to matters covered by this agreement. CONSULTANT further agrees to maintain such records for at least three (3) years after the term of this agreement. E. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the pan of CITY of any of its rights under this ageement. 020415 sdt 7060486c Page 1 of 5 CITY OF PALO ALTO GENERAL TERMS AND CO~-DITIONS -- Continued F. INSURANCE. CONSULTANT agrees to provide the insurance specified in the "Certificates of Insurance" attached hereto as Exhibit C. In the event CONSULTANT is unable to secure a policy endorsement naming the City of Pato Alto as an additional insured under any comprehensive general liability or comprehensive automobile policy or policies, CONSULTANT shall at a minimum, and only with the written approval of City’s Risk Manager or designee, cause each such insurance policy obtained by it to contain an endorsement providing that the insurer waives all right of recovery by way of subrogation against CITY, its officers, agents, and employees in connection with any damage, claim, liability personal injury, or wrongful death covered by any such policy. Each such policy obtained by CONSULTANT shall contain an endorsement requiring thirty (30) days’ written notice fi-om the insurer to CITY before cancellation or reduction in the coverage or limits of such policy. CONSULTANT shall provide certificates of such policies or other evidence of coverage satisfactory to City’s Pdsk Manager, together with evidence of payment of premiums, to CITY at the commencement of this agreement, and on renewal of the policy, or policies, not later than twenty (20) days before expiration of the terms of any such policy. G. CITY’S PROPERTY. Any reports, information, data or other material given to, or prepared or assembled by, CONSULTANT or its subCONSULTANTs, if any, under this Contract wil! become the property of CITY and will not be made available to any individual or organization by CONSULTANT or its subCONSULTANTs, if any, without the prior u~-itten approval of the Mayor or his designee. All intellectual property, of Sherry L. Lurid Associates developed prior to this contract and used in the scope of this contract will remain the sole properly of Sherry L. Lund Associates with all rights reserved. H. QUALIFICATIONS. CONSULTANT represents that it has the expertise and professional qualifications to complete the services described in "SERVICES" and that every individual charged with the performance of the services under this Contract is duly licensed or certified, to the extent such licensing or certification is required by law to perform the services. I. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, age, ancestry, religion or sex of such person. CONSULTANT agrees to meet all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in emplo)nnent, including completing the NonDiscrimination Compliance Form, attached hereto as Exhibit D, and incorporated herein by this reference. NOT APPLICA]BLE TO SOLE PROPRE I TOR. J. COMPLIANCE WITH LAWS. CONSU~LTANT agrees that it wil! comply with all federal, state and local laws, ordinances, regulations, and orders that may affect those engaged or employed under this Contract, any materials used in CONSULTANT’s performance under this Contract, or the performance of the services provided in completing the work. K. IN-DEPENDENT CONSULT.~NT. It is understood and agreed that in the performance of this Contract, CONSULTANT shall at all times be considered an independent CONSULTANT and not an employee of the CITY. CONSULTANT shall be responsible for employing or engaging all persons necessary to complete the work required under this Contract. L. TERMLNATION!SUSPENSION. The City Council may suspend the performance of this Contract in whole or in part, or terminate this Contract, with or without cause, by giving ten (10) days’ prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT shall immediately discontinue its performance. Upon such suspension or termination by CITY, CITY shall pay CONSULTANT for its services actually rendered to CITY on or before the effective date of the suspension or termination; provided, if this Contract is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of the Services which are of direct and immediate benefit to CITY, in the reasonable determination of the City Council. Upon suspension or termination, CONSULTANT shall immediately deliver to the Chair of the Council appointed committee any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by CONSULTANT or given to CONSULTANT, in connection with this Contract. Such materials shall become the property of CITY. The rights of CITY under this section to suspend or terminate this Contract shall be in addition to any and all rights or remedies the CITY may have available to it under the law, in the case of a breach of this Contract by CONSULTANT. 020415 sdl 7060486c Page 2 of 5 CITY OF PALO ALTO GENERAL TElL, MS A~N-D CONDITIONS -- Continued M. CONFLICT OF INTEREST. In accepting this Contract, CONSULTANT covenants that it presently has no interest, and wit! not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degee with the performance of this Contract. CONSULTANT further covenants that, in the performance of this Contract, it will not employ an?, person having such an interest. CONSULTANT certifies that no person who has or will have any fmanciat interest under this Contract is an officer or employee of CITY. N. HOLD HARMLESS. CONSULTANT agrees to inderrmify, defend and hold harmless CITY, its Council members, officers, employees and agents against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, caused by or arising out of work performed under this Contract due to the willful or negligent acts (whether active or passive) or omissions of CONSULTANT’s officers, employees or agents. The acceptance of said services and duties by CITY shall not operate as a waiver of such right of indemnification. O. ENTIRE AGREEMENT. This a~eement, including at! exhibits, represents the entire agreement between the parties with respect to the services which may be the subject of this Contract. Any variance in the Exhibits does not affect the validity of the Contract and the contract itself controls. All prior ageements, representations, statements, negotiations and undertakings whether oral or written are superseded hereby. P. NON-APPROPRIATION.. This Contract is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Contract 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 Contract 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 Contract. THIS AGREEMENT SH_aAZ BECOME EFFECTIVE UPON ITS APPROV.~kL AND EXECUTION BY CITY. IN WI~ESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY, MONTH, AND YEAR FIRST V~rR.ITTEN ABOVE. CITY OF PALO ALTO SHERRY L. LU.Nq) ASSOCIATES Mayor Ci~, Clerk By: Title Telephone: Assistant City Man~er Approved as to form: Senior Assistant Ciw Attorney Director of Adrninistrative Services 020415 sdl 7060486c Page 3 of 5 EXHIBIT A SCOPE OF SERVICES The City of Palo intends to conduct performance evaluations of three of the City’s appointed offices: the City, Manager, City Clerk and City Attorney and has engaged CONSULTANT to assist in the evaluation process. The focus of responsibility wil! be desig-n and facilitation of the 2007-2008 CAO evaluation process for the City Manager, City Attorney and City Clerk. Evaluations are to be completed by July31, 2008. A.CONSULTANT shall be responsible for: 1.Work with City employees to develop contract and to schedule individual and ~oup meetings. 2.Get ageement with CAO Evaluation Committee on elements of evaluation (questionnaire) and development of interview format. ¯Review relevant City documents. "Collect background information on previous forms and reviews, 2007-2008 performance criteria/goals. Get input from CAOs on any areas for which they would specifically like Council comment/feedback. Develop draft questionnaire and solicit edits from CAO Evaluation Committee. 3.Distribute questionnaire to City Council members and to CAOs (the latter, for self-review). 4.Conduct individual interviews with Council Members and with the three CAOs. 5.Consolidate feedback from Council and CAO input and develop a written evaluation report. 6.Facilitate closed session review with Council for each of the three positions. 7.Draw up specific action statements for upcoming year. 8.Meet with CAOs to debrief and discuss compensation issues 9.Review salary survey information with Human Resources Director. 10.Meet with Council CAO Committee on compensation options. ! 1.Serve as resource for Council discussion!Council CAO committee negotiations. !2.Prepare final record of review and compensation. !3.Preparation for all meetings, communications, and overal! project management. B. CITY shall be responsible for: 1.Making involved parties available for one-on-one and goup meetings on a timely basis in order to meet project deadline. 2.Providing relevant backgound information, e.g., previous performance goals, on a timely basis. 3.Making an individual available who can help consultant schedule appointments. 4.Committing to a professional and respectful process. 5.Providing meeting space and A-V equipment required. 020415 sd17060486c Page 4 of 5 EXHIBIT B COMPENSATION CITY agrees to compensate CONSULTANT for services performed to the reasonable satisfaction of the CITY at the hourly rate of $250.00; pursuant to Exhibit A of this Agreement, up to a total not to exceed amount of $26,500.00 Consultant shall invoice The City of Palo Alto on a monthly basis. The City of Pa!o Alto will provide payment to Consultant within 30 days of invoicing. Payment under the terms of this Agreement will not exceed the total amount of 106 hours or $26,500. The range of hours represents unknovm factors, e.g., how much people need/want to talk, the level of agreement/disagreement and amount of negotiation required, group experience in working together (group efficiency), on-time arrival for meetings, among other factors. Every effort will be made to be efficient as well as effective in the use of time. This estimate is based on the best projection of the work as outlined in Exhibit A. If City changes the project scope or does not meet deadlines and/or responsibilities as outlined that impact Consultant time, Consultant will inform CitT of the impact on costs prior to work being performed, and actual time required for this project will be charged by Consultant. Additional services are those services which are not specified in the current Scope of Service, Exhibit A. If additional services are required, CONSULTANT will be compensated for those services at the $250.00. CONSULTANT will not perform any additional services without prior approval of City. The goal for completion of the process is July 31, 2008, which is dependent on client’s availability for required meetings and timely questionnaire completion. Cancellation!Rescheduling Policy: A 100% cancellation charge will apply to individual meetings that are not cancelled with 24 hours prior notice. For group meetings of ½ day or longer: There is no charge made if a consulting date can be mutually rescheduled by Client and Consultant within 3 weeks of the original date; if the session cannot be rescheduled during this time frame, the cancellation schedule applies. Fees for cancellation (or rescheduting as previously described) for any reason are applied on the following schedule, which reflects both advance preparation and exclusive holding of a date for a client. 6 weeks in advance - 25% fee; 5 weeks in advance - 50% fee; 4 weeks in advance - 100% fee. Materials will be charged according to their cost accrued at time of cancellation; there will be no charge for materials that can be re-used if a session is rescheduled. 020415 sdl 7060486c Page 5 of 5 EXHIBIT ATI T-Of- ~6~F1SS 00~14 LUND, SHERRY L DBA SHERRY L LUND ASSOCIATES Z~7 LA CUES~A DR PORTOLA VALLEY CA 940Z8"7552 u 3 Location: 247 LA CL,fESTA DR PORTOLA VALLY CA 94028-7532 Forms, Optlon$~ and Endor=ement3 Special Form 3 Arnendalory Endorsement Tree Debris Remuv~ Policy Endorsement Policy Endorsement-Business E ~,"thquake.,^Jolcanic Eruption Gi~s$ Oeductible- Section I Froducts/’Operatior, s Liab Excl Adve~i~ing Injury Ex¢I P~,’-sonal Injury Exclusion Teeming/Consuming E&O Exc! Amendatory C,o lie.poe Continued on next page FP-613 FE-6205FE-6451 FE-6506 FE-6464FE-6307 FE-6538 FE-6312FE-635 FE-636 FE-6510 FE-6551 .2 JUN002000 to JUN052009 JUN 08 2008 Cov~r~g~ ~nd LimiL~ ~e¢t~on I A Buildings B Business Personal Proper’b/ O Lees of Income Deductibles. Sec’~Jon I Basic Except 15% Earlhquake Other deductible,~ may ep£1y - refer to policy Section l! L Business Liability M Medical Fayment~ Gen Aggregate (Other than PCO) Pro~uots-Comple~e~ Operations (PC.X] Aggregete) C Annual Premium Form~, Opt, & Endrsmnt Bus Liability -Cov L Amount Due Premium Reductions Renewal Year Oiscoun~ Yrs in Bustnes~ Discount Claim Record Discount Gov. A - Inflation Index: Coy. I~- Consumer Price: 211.7 ~=..~h~ueke premium ¢ff $1 21.00 is included in your annual premium. NOTICE: info~aticn concerning changes in your policy language i~ included. Please call your agent if you have eny questions, Excluded $8>500Actual Loss 250 $I,000,000 5,000 2,000,000Exclu~e~ $470.C 161.C $653.0 ~ Agent RON EMILIO Telephone (4.08) 871-3550 If you have moved, please ¢entact your agent. See revonoe aide ~r ;mpor~n! Prepared APR 01 2008 $PECI’E, IED FRO~--ESS~ONS PRO~"ESf~O~-AI., LL~LI~" POLICY ~~YAL CERT~CATZ Please a~ach ~s Renewa! Ce~ifi.ca~e to )’o~ exo~z Policy. UNITED STATES LIABILI INSU NOE COMPANY WAYNE, PENNS~VANIA In co~sideratfon of the renewal premium stated below. ~piring Policy Number S~ 00~ 27£E is renewed for the Policy Perbd stated below. The Company will issue a c~mplete ~py of this Poli~ upon receipt of a wr~en request fore the Insured. The New Policy Number is $P 100279F. The Appli~on (i~ any) f~r this renewal, and all previous Appli~tio~s made to the Company for this ~nsurance, Including any material subm~ed merew~n, shatl be made a pa~ of this Renewal Policy as ~ physically a~ached hereto. PLEASE REFER TO YOUR POLICY FOR THE DEFINITION OF "APPLICATION." ORIGINAL POLICY DECLARATIONS iTEM ,. NAMED INS01~FANDbRINOIPAL ADO~,ESS Sherry L. Lund Associates c/o Organizational Development Network 71 Valley ~treet, ~30! South Orange, NJ 07079 ITEM I!. POLICY PERIOD: (MM/DD/YYYY) FROM 2,1812008 TO 3/’812009 12:01 AM STANDARD TIMEAT YOUR MAILING ADDRESS SNOWN ITEM III.LIMITS OF LIABILITY: ITEM IV. DEDUCTIBLE: tTEMV. PREMIUM: ITEM VI. $2~0,000 FACH CLAIM I poIicy Premium ". J~ JGA Surcharge$250,000 ANNUAL AGGREGA’I = $1,000 EACH CLAIM [ RETROACTIVE DATEJ=ull Prior Acts ITEM VZI. Coverage Form(s)iPa,"t(s) and £nQorsement(s) made a pa~ of this polio/at time of issue: PRO,~-001 "(0~3:01) ASsolut~’P~l].E~’~lusbn" ............~P-216"(’~d~i Re}~te~ ~rties =_xct. E~ ..... PRO~’-002 (06-01) Mold, Fund., Bacl,., Virus, and Org. Path. Exc SP-219 (’10o99) USA & Territories Er~dt $P-212 (I0-$9) Independent O~P.tra~t~r ~I. Endt ~P-2.ee {OT-Q1) ArP, e~dme~t ~f D~f. ~d ,£-ett~m~nt Endt SP-214 (10-£9) Management Consultants Endt SP-POL (10-99) l~olicy Jacket Endor~ements marked with an as,’-erisk(’) have been added to the policy or have a new edition date and are attaeh~ wPJ~ this Date Issue~:1/24/2008 Agent: USU - SI~iLPRC (11100) By 7 Authorized D£CL.ARATIONS P=.R3ONAL AL.qro POLICY NC). Page ! of 3 990304-20JY NAMED INSURED AND ADDRESS CA3L KNOX CHZNEY SHERRY [,. [~ND 247 LA GUESTA DR POETOLA VALLY CA 94028 POLICY PERIOD:I~01A.M.,STANDARD TiME F~m: MA3CH 30, 2008 To~MARC~ 30, 2009 2007 T0~OTA CAY’/~ LE 1 SEDAN&TI£E&6K67U027566 AhqCUAL USE: COMMUTE 13 MILES, $ DAYS 2007 HONDA ACCOR~ EX’’SEDAN 2 I.HGCM56787AI70728 ANNUAL MILEAGE: 17,000 USZ: BUSINESS RATES ARE BASED ON THE FOLLOWING HOUSEHOLD DRIVERS AND THEIR USE OF THE INSURED AUTOS 1 CA]P.T. KNOX C~£N£Y LUND 4 5 2 09 19 52 3 4 Ol 6O 09 68 0 0 0 0 YES YES (X:)NTINUATION OF DECLARATIONS FOR PERSONAL AUTO POLICY NO. LIABILITY MEDICAL PAYMENTS ~:,UNINSURED MOTORISTS D.DAMAGE TO YOUR AUTO 1. Collision Loss ACV minus deductible of 2. Other Than Collision Loss AUTO 1 TOWING AND LABOR COSTS WAIVI~R OF COLLISION DEDUCTIBLE $ 500~000 each accident $ 5,000 each person ~; SO0,O00’ each. scc;d~et (ACV means Actual Cash Value) AUTO 1 AUTO 2 AUTO 2 I00 each disablement AUTO 1 2 2007 TO¥O Z007 NOND 2~.21 391 18 21. 50.96 70 9~ =ARKING ARRANGEMENTS AUTO 1 OFF STREET AUTO 2 OFF STREET TOTAL P~MIUM ;OR EACH AUTO TOTAL PREMIUM $ 1,588.23 ]NSb~ED AND ADDRESS ZG7 LA CUESTA DR PP 00 ol 01 05 9P 03 O3 0L 86 FP 0! 69 0B 05 AM 00 28 12 01 P~ 0~ O9 01 05 ?P 13 01 12 99 PP O3 21 01 05 PP 0~ ~7 O8 05 ~£RSONAL AUTO POLICY TOWING AND LABOR COSTS COVERAGE AMENDMENT OF POLICY PROVISIONS -CALIFORNIA AMENDMENT OF PERSONAL AUTO POLICY PROVISIONS SINGLE L~A~L~TY LIMIT SINGLE UNINSVFJ~D MOTORIST LIMIT - CALIFORNIA CO~GE FOR Dk~GE TO YOUR AUTO EXCLUSION ENDORSEMENT LIMITED MEXICO COVERAGE ENDORSEMENT ~iNS~ED MOTORISTS CO~RAGE -CALIFORNIA Counterd~n, by .......~....6...~ .................. CERTIFICATE OF INSURANCE This certifies that [x] [] [] {] STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois STATE FARM FIRE AND CASUALTY COMPANY, Scarborough. Ontario STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida STATE FARM LLOYDS, Dallas, Texas Insures the following policyholder for the cover-age’s indicated below: Name of Policyholder Address of Policyholder Location of Operations Description of Operations SHERRY L. LUND DBA SHERRY L LUND ASSOCIATES 247 LA QUESTA DR PQRTOLA VALLEY, CA 94025 247 LA QUESTA DR PORTOLA VALLEY, CA 94025 BUSINESS- OFFICE The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms, exclusions, and conditions of those policies. The limk’-s of liability shown may have been reduced by any paid claims. POLICY NUMBER 97-CE-6495-8 TYPE OF INSURANCE BUISNESS-OFFICE POLICY PERIOD Effective Date Expiration Date 05/07/0905f07/08 COVERAGE LIMITS BUISNESS PROPERTY-S58,500 LIABILITY- $1,000,000 GEN AGGREGT $2,000,000 THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVE,RAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. ADDITIONAL INSURED If any of the described policies are canceled before its expiration date, State Farm will try to mail a wrr[’ten notice to the certificate holder days before cancellalion. If, however, we fail to mail such notice, no obligation or liability will be imposed on State Farm or its agents or representatives. CITY OF PALO ALTO 250 HAMILTON AVE PALO ALTO, CA 94301 Signature of Authorized Representative AGENT 05109/08 Title Date Agent’s Code- 2366 AFO Code-F155 Revise 04110/03 BDF