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HomeMy WebLinkAbout2004-08-09 City Council (13)TO: FROM: City .of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL 8 CITY MANAGER DEPARTMENT: CITY MANAGER’S OFFICE DATE:AUGUST 9, 2004 CMR:379:04 SUBJECT:APPROVAL OF CONTRACT WITH CPS HUMAN RESOURCE SERVICES IN THE AMOUNT OF $10,000 PER YEAR FOR FACILITATION SERVICES RELATED TO EVALUATION OF COUNCIL APPOINTED OFFICERS RECOMMENDATION 1. Approve and authorize the Mayor to execute the contract with CPS Human Resource Services in the anaount of $10,000 for the first year, for the facilitation services related to evaluation of Council Appointed Officers specified in the Scope of Services attached to the contract. o Authorize the City Manager or designee to exercise the option to renew the contract for up to two additional one year terms, in the amount of $10,000 per year (up to $30,000 over a three-year period), provided the firm is responsive to the City’s needs and the quality of the firm’s work is acceptable during the first year of the contract (and/or other conditions which will determine the City’s willingness to renew the contract). Funding for years two and three is contingent upon Council approval of the budget for the subsequent year. Authorize the City Manager or designee to authorize additional services, in an amount not to exceed $1,500 annually, upon approval by the CAO/Council Committee (up to $4,500 over a three-year period). BACKGROUND On June 7, 2004, staff issued a Request for Proposals for a facilitator for the Council Appointed Officers (CAOs) evaluation and compensation process. Proposals were required to be received by June 18, 2004. The relatively short response time was due to a desire on the part of the Council/CAO Committee to accelerate the process in order to provide evaluations for the Council Appointed Officers as soon as possible; and due to CMR:379:04 Page 1 of 3 the confidence that there would be an adequate response level given the nature of the proposal and the limited number of firms that would be qualified to respond. On June 18, four proposals were received. The proposals were from CPS Human Resources Services(John Shannon); Ralph Anderson and Associates; TaylorNelson; and the Quinn Company (Susan Quinn). On June 25, the Council/CAO committee met to screen the responses to the Request for Proposals. The committee also reviewed sample interview questions. The committee chose to recommend to the Council that CPS Human Resources Services and the Quinn Company be selected for interviews by the full Council. The Council approved that recommendation on July 12, 20041 On July 19, 2004 the City Council conducted interviews, and after discussion directed staff to negotiate a contract with CPS Human Resources Services for facilitation services in completing the annual performance evaluation and compensation determination for Council Appointed Officers. The contract dollar amount was not to exceed $10,000 per year. DISCUSSION Attachment A is the contract with CPS Human Resources Services. Included is a proposed work plan and process. The consultant is estimating 57 hours of time to complete the process. The Council/CAO committee will meet during the latter part of August, prior to the end of the Council vacation, in order to finalize this work plan/schedule and to review proposed evaluation forms for each CAO position including proposed criteria for evaluation. This meeting will be open to the public, and notice will be provided. RESOURCE IMPACT Funds for the first year of the contract will come from the City Manager’s contingency. In future years, this expense will be budgeted in the City Council budget. POLICY IMPLICATIONS This recommendation is consistent with prior Council action. s anager CITY MANAGER APPROVAL n~g~ Fra er CMR:379:04 Page 2 of 3 ATTACHMENTS A - Contract Between the City of Palo Alto and CPS Human Resource Services for Consulting Services B - CMR:345:04 -Recommendation of the Council/Council Appointed Officers (CAO) Committee Regarding Interviews for a Consultant to Facilitate CAO Evaluations C- Certification of Nondiscrimination from CPS Executive Search - John Shannon CMR:379:04 Page 3 of 3 CONTRACT NO. BETWEEN THE CITY OF PALO ALTO CPS ~ P~SOURCE SERVICES FOR CONSULTING SERVICES This Contract No.is entered into by and between the CITY OF PALS ALTO, a chartered city and a municipal corporation of the State of California ("CITY"), and CPS EXECUTIVE SEARCH, a subsidiary of HUMAN RESOURCE SERVICES, a joint sowers authority, located at 241 Lathrop Way, Sacramento, CA 95815 "CONTRACTOR"). RECITALS: Z}IEREAS, CITY desires to engage a CONTP~CTOR to facilitate the annual performance evaluations and compensation setting process for its four Council Appointed Officers (CAOs), the City Manager, City Clerk, City Attorney and City Auditor (herein "Services"), as more fully described in Exhibit ~A~; and WHEREAS,~ CITY desires to engage CONTRACTOR, including its employees, if any, in providing the Services by reason of its qualifications and experience in performing such Services, and CONTRACTOR has offered to provide the Services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Contract, the parties agree: SECTION i -TEP~ i.i This Contract will commence on the date of its execution by CITY and shal! expire one year from the commencement date unless extended by mutual agreement of the parties. The obligation of CONTRACTOR to perform the Services will commence in accordance with the time schedule set forth in Exhibit ".A~. Time is of the essence of this Contract. In the event that the Services are not completed within the specified time schedule on account of CON~P~hCTOR’s default, City Manager or designee will have the option of extending the time schedule for any period of time. This provision will not preclude the recovery of damages for delay caused by CONTRACTOR. City Manager or designee may approve any agreement to extend the contract term for up to two (2) additional one-year periods, so long as the City Council has approved in each year’s budget an appropriation of funds for this Contract, and the maximum compensation does not exceed the amount authorized in section 4.1 below. SECTION 2 - QUALIFICATIONS, STATUS, AND DUTIES OF CONTRACTOR 2.1 CONTRACTOR represents and warrants that it has theexpertise and professional qualifications to furnish or cause to be 040727 sm 8120492 1 furnished the Services. CONTRACTOR further represents and warrants that the project director and every individual charged with the performance of the Services under this Contract are duly licensed or certified by the State of California, to the extent such licensing or certification is required by law to perform the Services. 2.2 In reliance on the representation and warranty set forth in Section 2.1, CITY hires CONTRACTOR to perform, and CONTRACTOR covenants and agrees that it will furnish or cause to be furnished, the Services. 2.3 CONTRACTOR will assign John Shannon as the project director to have supervisory responsibility for the performance, progress, and execution of the Services. If circumstances or conditions subsequent to the execution of this Contract cause the substitution of the project director for any reason, the appointment of a substitute project director will be subject to the prior written approval of the project manager. 2.4 CONTRACTOR r@presents and warrants that it will: 2.4.1 Keep itself fully informed of all existing and future Federal, State of California, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Contract, any materials used in CONTRACTOR’s performance under this CoNtract, or the performance of the Services; 2.4.2 At all times observe and comply with, and cause its employees and contractors (and consultants), if any, who are assigned to the performance of this Contract to observe and comply with, the laws, ordinances, regulations, orders and decrees mentioned above; and 2.5 Any reports, information, data or other material given to, or prepared or assembled by, CONTRACTOR or its contractors, if any, under this Contract wi!l become the property of CiTY and wil! not be made available to any individual or organization by CONTRACTOR or its contractors, if any, without the prior written approval of the city manager. 2.6 CONTP~CTOR will be responsible for employing or engaging all persons necessary to perform the Services. All contractors of CONTRACTOR will be deemed to be directly controlled and supervised by CONTRACTOR, which will be responsible for their performance. If any employee or contractor of CONTRACTOR fails or refuses to carry out the provisions of this Contract or appears to be incompetent or to act in a disorderly or improper manner, the employee or contractor will be discharged immediately from further performance under this Contract on demand of the project manager. // 040727 sm 8120492 2 SECTION 3 - DUTIES OF CONTRACTOR 3.1 CONTRACTOR will furnish or cause to be fu~ished the specified services set forth in Exhibit "A". SECTION 4 - DUTIES OF CITY 4.1 The Assistant City Hanager (Emily Harrison) wil! represent CITY as project manager for all purposes under this Contract. The project manager will supervise the performance, progress, and execution of the Services. 4.2 If CITY observes or otherwise becomes aware of any default in the performance of CONTRACTOR, CITY will use reasonable efforts to give written notice thereof to CONTRACTOR in a timely manner. SECTION 5 -COMPENSATION 5.1 cITY will compensate CONTRACTOR for the following services and work: 5.1.1 In consideration of the full performance of the Services specified in Exhibit "A", including any authorized reimbursable expenses, CITY will pay CONTRACTOR a lump sum fee of Ten Thousand Dollars ($10,000) . 5.1.2 In consideration of the full performance of any services performed which are related but additiona! to the Services specified in Exhibit "A~ ("Additional Services"), including any authorized reimbursable expenses, the amount of compensation for such Services will not exceed One Thousand Five Hundred Dollars ($1,5oo). 5.2 The schedule of pa]m~ents wil! be made as follows: 5.2.1 Pa]~ment for Services will be made in monthly progress payments in proportion to the quantum of services performed, or in accordance with any other schedule of pa]~lent mutually agreed upon by the parties, or within thirty (30) days of submission, in triplicate, of such requests if a schedule of payment is not specified. FiKal payment will be made by CITY after CONSULTANT has completed all services specified in Exhibit "A". 5.2.2 Payment of the Additional Services will be made in monthly progress payments for services rendered, within thirty (30) days of submission, in triplicate, of such requests. SECTION 6-AUDITS 6.1 CONTRACTOR will permit CITY to audit, at any reasonable time during the term of this Contract and for three (3) years thereafter, CONTRACTOR’s records pertaining to matters 040727 sm 8120492 3 ~covered by this Contract. CONTRACTOR further agrees to maintain and retain such records for at least three (3) years after the e~iration or earlier termination of this Contract. SECTION 7 -INDEMI\~ITY 7.1 CONTRACTOR agrees to protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from 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 CONTRACTOR’s, its officers’, agents’, subcontractors’ or employees’ negligent acts, errors, or omissions, or willful misconduct, or conduct for Which applicable law may. impose strict liability on CONTRACTOR in the performance ofor failure to perform its obligations under this Contract. SECTION 8 -WAIVERS 8.1 The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Contract, 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. The subsequent acceptance by either party of any fee or other money which may become due hereunder will not be deemed to.be a waiver of.any preceding breach or violation by the other party of any term, covenant, condition or provision of this Contract or of any applicable law or ordinance. 8.2 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 Contract. SECTION 9 -INSURANCE 9.1 CONTRACTOR, at its sole cost and expense, will obtain and maintain, in full force and effect during the term of this Contract, the insurance coverage described in E}~hibit insuring not only CONTKhCTOR and its contractors, if any, but also, with the exception of workers’ compensation, employer’s liability, and professional liability insurance, naming CITY as an additional insured concerning CONTP~ACTOR’s performance under this Contract. 9.2 All insurance coverage required hereunder will be provided through carriers with Best’s Key Rating Guide ratings of A:VII or higher which are admitted to transact insurance business in the State of California. Any and al! contractors of. CONTRACTOR retained to perform Services under this Contract will obtain and maintain, in full force and effect during the term of this 4 04082 srn 8120’492 Contract,identical insurance coverage, naming CITY additional insured under such policies as required above.as a~ 9.3 Certificates of such insurance, preferably on the forms provided by CITY, will be filed with CITY concurrently with the execution of this Contra~t. The certificates will be subject to the approval of CITY’s risk manager and will contain an endorsement stating that the insurance is primary coverage and wil! not be canceled or altered by the insurer except after filing with CITY’s city clerk thirty (30) days’ prior written notice of such cancellation or alteration, and that the City of Palo Alto is named as an additional insured except in policies of workers’ compensation, employer’s liability, and professiomal liability insurance. Current certificates of such insurance wil! be kept on file at all times during the term of this Contract with the city clerk. 9.4 The procuring of such required policy or policies, of insurance will not be construed to limit C0NTPSCTOR’s liability hereunder nor to fulfill the indemnification provisions of this Contract. Notwithstanding the policy or policies of insurance, CONTRACTOR wil! be obligated for the full and tota! amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Contract, including such damage, injury, or loss arising after the Contract is terminated or the term has expired. SECTION i0 -WORriERS’ CO~{PENSATION. i0.i CONTRACTOR, by executing this Contract, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it wil! comply with such provisions, as applicable, before commencing the performance of the Services. SECTION ii - SERVICES TERMINATION OR SUSPENSION OF CONTP~CT OR ii.i The city manager may suspend the performance of the Services, in whole or in part, or terminate this Contract, with or without cause, by giving thirty (30) days’ prior written notice thereof to CONTRACTOR. Upon receipt of such notice, CONTRACTOR wil! immediately discontinue its performance of the Services. 11.2 CONTRACTOR may terminate this Contract or suspend its performance of the Services by giving thirty (30) days’ prior written notice thereof to CITY, but only in the event of a substantial failure of performance by C!TY or in the event CITY indefinitely withholds or withdraws its request for the initiation 5 040~2 sm B] 20492 or continuation of the Services to be performed. 11.3 Upon such suspension or termination by CITY, CONTRACTOR wil! be paid for the Services actually rendered to CITY on or before the effective date of suspension or termination; provided, however, if this Contract is suspended or terminatedon account of a default by CONTRACTOR, CITY will be obligated to compensate CONTRACTOR only for that portion of the 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 of her discretion. 11.4 Upon such suspension or termination, CONTRACTOR will deliver to the city manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONTP~CTOR or its contractors, if any, or given to CONTRACTOR or its contractors, if any, in connection with this Contract. Such materials will become the property of CITY. 11.5 The failure of CITY to agree with CONTRACTOR’s independent findings, conclusions, or recommendations, if the same are called for under this Contract, on the basis of differences in matters of judgment, will not be construed as a failure on the part of CONTRACTOR to fulfill its obligations under this Contract. SECTION.12 -ASSIGNMENT 12.1 This Contract is for the personal services of CONTP~CTOR, therefore, CONTP~CTOR will not assign, tramsfer, convey, or otherwise dispose of this Contract or any right, title or interest in or to the same or any part thereof without the prior written consent of CITY. A consent to one assignment will not be deemed to be a consent to any subsequent assignment. Any assignment made without the approval of the city manager wil! be void and, at the option of the city manager, this Contract may be terminated. This Contract will not be assignable by operation of law. SECTION 13 -NOTICES 13.1 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 To CONTKhCTOR: Attention of the project director at the address of CONTRACTOR recited above 04082 sm 8120492 SECTION 14 -CONFLICT OF INTEREST 14.1 In accepting this Contract, CONTRACTOR covenants that it presently has no interest, and wil! not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 14.2 CONTRACTOR further covenants that, in the performance of this Contract, it will not employ any contractor or person having such an interest. CONTP~CTOR certifies that no person who has or will have any financial interest under this Contract 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. SECTION 15 -NONDISCRIMINATION 15.1 As set forth in the Palo Alto Municipal Code, no discrlmination will be made in the employment of any person under this Contract because of the race, skin co!or, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. If the value of this Contract is, or may be, five thousand dollars ($5,000) or more, CONTRACTOR agrees to meet all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in employment, including completing the requisite form furnished by CITY and set forth in Exhibit "C". 15.2 CONTRACTOR agrees that each contract for services with an independent provider wil! contain a provision substantially as follows: "[Name of Provider] will provide CONTkhCTOR with a certificate stating that [Name of Provider] is currently in compliance with all Federa! and State of California laws covering nondiscrimination in emp!oyment; and that [Name of Provider] will not discriminate in the employment of any person under this contract because of the age, race, color, national origin, ancestry, religion, disability, sexual preference or gender of such person." 15.3 If CONTRACTOR is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of Federa! law or executive order in the performance of this Contract, it wil! be in 04082 sm 8120492 default of this Contract. Thereupon, CITY wil! have the power to cancel or suspend this Contract, in whole or in part, or to deduct the sum of twenty-five do!lars ($25) ~or each person for each calendar day during which such person was subjected to acts of discrimination, as damages for breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer will constitute evidence of a breach of this Contract. SECTION 16 -CONFIDENTIALITY 16.1 The cONTRACTOR acknowledged that in the course of performing the responsibilities under this Agreement, CONTPshCTOR may be exposed to or acquire information that is proprietary to or confidential to the CITY and/or its employees. CONSULTANT agrees to hold such information in strict confidence and not to copy, reproduce, or in any manner disclose such information to third parties or to use such information for any purposes whatsoever, without the express written permission of CITY, other than for the provision of services under this Agreement. CONTRACTOR agrees to advise each of its employees, agents, and representatives of their obligations to keep such information confidential. All such confidentia! information described herein and any deliverable provided hereunder, in whatever form, are hereinafter collectively referred to as "Confidential Information." The parties shall use their reasonable efforts to assist each other in identifying and preventing any unauthorized use or disclosure of any Confidential Info~-mation. Without limitation of the foregoing, the parties shall use reasonable efforts to advise each other immediately in the event that either learns or has reason to believe that any person who has had access to Confidentia! Information has violated or intends to violate the terms of this Agreement, and will reasonably cooperate in seeking relief against any such person. 16.2 Notwiths-tanding the obligations set forth in Section 16.1, the confidentiality obligations of the parties shall not extend to ’£nformation that: is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than receiving party; was known to the receiving party as of the time of its disclosure; or is independently developed by the receiving party; or is subsequently learned from a third party not under a confidentiality obligation to the providing party; or is required to be disclosed pursuant to court order or government whereupon the receiving party shall provide notice to the other party prior to such disclosure. SECTION 17 -MISCELLANEOUS PROVISIONS 17.i CONTRACTOR represents and warrants that it has knowledge of the requirements of the Americans with Disabilities Act of 1990, and the Government Code and the Health and Safety Code 04082 sm 8120492 of the State of California, relating to access to public build±ngs and accommodations for disabled persons, and relating to facilities for disabled persons. CONTRACTOR wil! comply with or ensure by its advice that compliance with such provisions will be effected in the performance of this Contract. 17.2 This Contract will be governed by the laws of the State of California, excluding its conflicts of law. 17.3 In the event that an action is brought, the parties agree that trial of such action wil! be vested exclusively in the state courts of California or in the United States District Court for the Northern District of California in the County of Santa Clara, State of California. 17.4 The prevailing party in any action brought to enforce the provisions of this Contract may recover its reasonable costs and attorneys’ fees expended in connection with that action. 17.5 This document represents the entire and integrated agreement between the parties and supersedes all prior negotia- tions, representations, and contracts, either written or oral. This document may be amended ohly by a written instrument, which is signed by the parties. 17.6 All provisions of this Contract, .whether covenants or conditions, will be deemed to be both covenants and conditions. 17.7 The covenants, terms, conditions andprovisions of this Contract will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and contractors, as the case may be, of the parties. 17.8 If a court of competent jurisdiction finds or rules that any provision ~of this Contract or any amendment thereto is void or unenforceable, the unaffected provisions of this Contract and any amendments thereto will remain in full force and effect. 17.9 All exhibits referred to in this Contract and any addenda, appendices, attachments, and schedules which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and wil! be deemed to be a part of this Contract. 17.10 This Contract may be. executed in any number of counterparts, each of which will be an original, but al! of which together wil! constitute one and the same instrument. 17.11 This Contract is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Hunicipal Code. This Contract will terminate without any penalty (a) at the 04082 sin 8120492 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 fisca! year in the event that funds are oniy appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section 16.11 shall take precedence in the event Of a conflict with any other covenant, term, condition, or provision of this Contract. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Contract on the date first above written. ATTEST:CITY OF PALO ALTO City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: Assistant City Manager Mayor CPS EXECUTIVE SEARCH, a s~bski~.diary of CPS HUMAN Name : DAVID ~P~IS . Title: CEIENT SERVICES ~NAGER Director of Administrative Services Risk Manager By: Name: Title: Taxpayer Identification No. Attachments: EXHIBIT "A": EXHIBIT "B"" EXHIBIT "C"" (Compliance with Corp. Code § 313 is required if the entity on whose behalf this contract is signed is a corporation.In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) SCOPE OF PROJECT & TIHE SCHEDULE INSURANCE NONDISCR!HINATION.COHPLI~CE FORM i0 04082 sm 8120492 COOPERAT~ZE laERSONNEL SERVICES DBA CPS HUMAN RESOURCE SERVICES NESOLUTION AUTHORITY TO CONTRACT Whereas, Cooperative Personnel Services is a joint powers agency organized to do business -with government and nonrprofit agencies throughout the world; and Whereas, the following individuals are current members of the Board of Directors of the above-named joint powers agency: Susan Crawford, Office of State Employment Relations David Devine, Sacramento County Claudette Enus, City of Las Vegas Andrea Gourdine, City/Co of San Francisco David Hill, City of Anaheim Gwen McDonald, East Bay Municipal Utilities District Ray Myers, Sonoma County Laura Aguiiera, CA State Personnel Board Arthur Brown, City University of New York George Cole, Ha3~ardUSD then be it Resolved, that by the Board as of July 1, 2004, the above-named Board members have authorized the Executive Directors of Cooperative Personnel Services to enter into Agreements with the State of California, other governmental agencies, and non-profit organizations for the provision of human resource and related management services as authorized under Section 2 of the CPS Joint Powers Agreement; a~d be it further, Resolved, that by the above-mentioned date, the Executive Directors have been authorized., to delegate execution of such Agreements to employees of CPS holding the title of Manager for and on behalf of Cooperative Personnel Services. RESOLUTION # 04-06 RESOLVED BY THE BOARD OF DIRECTORS COOPERATIVE PERSONNEL SERVICES AT THE JUNE 10, 5004, MEETING VOTE:CITY OF ANASNIM AYECA STATE PERSONNEL BD AYE EAST. BAY MUD AYE HAYWARD USD AYE CITY OF LAS VEGAS AYE SACRAMENTO COUNTY AYESAN FRANCISCO CIT’~qCo AYE SONOI¢~ COUNTY AYE OFFICE OF STATE EMPLOYMENT RELATIONS AYE CITY UNIVERSITY OF NEW YORK AYE CERTIFIED: SCOPF_ OF SF_RVtCF_S AND WOFIKPROGRAM It is our understanding that the City has determined the scope of services as outlined below. We took forward to meeting with the City to review and, where appropriate, modify the scope of services and approach to the engagement. Scope ofServices Preparation of Questionnaire: Working with the Council CAO Commit-tee and the CAOs, consultant will prepare a questionnaire to be used for interviews. The questionnaires will be distributed to Council Members a week in advance of the interviews to be filled out. The questionnaires will summarize the Council Members’ estimation of the CAOs’ attainment of specific goats, as well aS general areas such as communication; key reiationships between the. CAO and Council, staff, public, City commi~ees and commissions and other government agencies, as appropriate; specific work w,,o, ltles such as budget, ~"’~. ~- ~,~-+~,~~,~ ~, ,~,~L,,_,.o, program management and employee relations; and in general opinions. Conduct Interviews, Prepare Report, Facilitate Discossionj Prepare Summa,3< Consultant wiii interview each of the Council Members, using the interview questionnaire. Consultant will interview each CAO. Consultant will consolidate information from interviews and prepare a report, which will first be reviewed with the Cour~ci CAO Committee and then presented to the Co~:ncil in closed session. After oresentation of the reOort, consultant will faciiitate Council discussion of results of the interview. Consultant wil! then facilitate discussion of evaluation for individual CAO. C. Review Ootions for Oompensation: Consultant wil mee~ with each CAO m de-brief on Cou-~cil discussion, and to discuss compensatio~ considerations. The consultant wilt also meet with the Ci%,~s Human Resources Director to review salary, survey information for each of the CAO positions. The consultant will work with Council CAO Committee on compensation options to be proposed to the CAO and Council. The Oouncil CAO Oommit~ee will make its recommendations to the full Council. The consultant will be available as a resource at the meeting with the ful! Council. The consultant will also be available as a resource for the Council CAO Committee in its negotiations with individual CAOs. The consultant will prepare ~ complete file for each of the evaluations, including compensation recommendations, for the permanent City record. 0_t- Oo o© o 0 < 0 0 o 0© oo © DATE (M MIDDPPPP,’)ACORQ CERTIFICATE OF L ABILITY INSURANCE I o8/o4/ oo4PRODUCER (916)4-4-3-0200 FAX (916)443-0251 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Owen Dunn Insurance Services ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE License Number: 0670167 2831 G Street Suite 200 Sacramento, CA 95816-3721 ~UREO Cooperative Personnel Services AKA: CPS 241 Lathrop Way Sacramento, CA 95815 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A TRAVELERS INSURER B INSURER C INSURER D INSURER E NAIC # COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR IADD’~LTR [INSRD TYPE OF INsuRANCE GENERAL LIABILITY X-~COMMERCIAL GENERAL LIABILITY -- [~1 CLAIMS MADE [-~ OCCUR A X GEN’L AGGREGATE LIMF[ APPLIES PER:~POLICY I~ PRGJECT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED ALFrOS SCHEOULED AUTOSX --X HIRED AUTOS NON-OWNED AUTOS A GARAGE LIABILITY POLICY ~:PP~CTtVEPOLICY NUMBER DATE (MM~D DtYy) 6607704A197 07/01/2004- ~AlXh’ AUTO EXCESS/UMBRELLA LIABILIT’ ~]LOC 810770#A197 EX7704A197 o7/o]./2oo4- 07/01/2004 X--:OCCUR [[]]] CLAIMS MADE A X ~DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY A ANY PR O PRIETOR/P ARTNER/EXEC UTIVEOFFICEPdMEMBER EXCLUDED? llyes, describe underSPECIAL PROVISIONS below OTHER UB1176A220 07/0:!./2004 POLICY EXPIRATIONDATE (MM/D D/YY) 07/01/2005 07/01/2005 O7/01/2005 07/Ol/20o5 LIMITS EACH OCCURRENCE DAMAGE TO RENTEDPRFMIRFS tFa occnrence! MED EXP (Any one parson) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS ÷ COMP/OP AGG COMBINED SINGLE LIIviff(Ea acciden[) !,000,00( 500,00( 10, 00( Excludec 2,000, 00( 2,000,00( $1,000, 00( BODILY INJURY(Per person)$ BODILY INJURY(Per acddenD $ i$ :$ $ $ ~:5,000, OO(: AGGREGATE $5, 000, OOC $ PROPERTY DAMAGE(Per acciden[) AUTO ONLY- EA ACCIDENff OTHER THAN EA ACC AUTO ONLY:AGG EACH OCCURRENCE X [ WC STATLLTORYLIM S ! E.L. EACH ACCIDENT E.L. DISEASE ~ EA EMPLOYEE E.L. DISEASE- POLICY LIMIT $ $ i, 000, 00C i, 000, O0C 1,000, O0C DEoCRIPTION OF OPERATIONS / LOCATIONS ! VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONSCa] ifornia Operations :ross Liability wording attached. ]eneral Liability Additional Insured endorsement per attached CGD247 1002 w/ Primary wording. ’~upon nonpayment of premium, 10 days notice of cancellation will be given. CERTIFICATE HOLDER City of Palo Alto P.O. Box 10250 Palo Alto, CA 94303 ACORD 25 (2001/08) CANCELLATION SHOULD ANY OF THE ABOVE DESCPJBED POLICIES BE CANCELLED BBFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVORTO MNL ~ DAYS WRITTEN NOTICE ’TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILUPJE TO MAIL SUCH NO3qCE SHALL IMPOSE NO OBLIGATION OR LIAB]LFF~ OF ANY KIND UPON THE INSURER, ITS AGENq~S OR REPRESENTATIVES. AUTHORIZED PJ=-PRE SENTAT~VE ’ )/,’~//g~Hp jL Mar)~anne Novak/CBV 7~ d @ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) City of Palo Alto Certificate issued to C~ty of Palo Alto Owen Dunn Insurance Services os/o4/2oo4 CC 02 ’47 i0 02 Commercial General Liability Issue Date: August 4, 2004 08/04/2004 Policy Number: 6607704A197 Named Insured: Cooperative Personnel Services Insurance Company: Travelers Indemnity Company THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL I~SURED (CONTRACTORS) This endorsement nlodifies insurance provided under the following: COMMERICAL GENERAL LIABILITY COVERAGE PART COMMERICAL GENERAL LIABILITY - CONTRACTORS COVERAGE PART SCHEDULE NAME OF PERSON (S)OR ORGANZZATION (S): City of Palo Alto PRO]ECT/LOCAT!ON OF COVERED OPERATIONS: i. WHO IS AN ISNURED - (Section II) is amended to include the person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability caused by "your work" for that additional insured at the location shown in the Schedule. 2.The insurance provided to the additional insured is limited as follows: a) In the event that the limits of liability stated in the policy exceed the limits of liability required by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought, the insurance provided by this endorsement shall be limited to the limits of liability required by such contract or agreement. This endorsement shall no< increase the limits stated in Section III- LIMITS OF INSURANCE. b) The insurance provided to the additional insured does not apply to ’bodily injury", "property damage", "personal injury" or "advertising injury" arising out of an architect’s, engineer’s or surveyor’s rendering of or failure to render any professional services including: I. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and II. Supervisory or inspection activities performed as part of any related architectural or engineering activities. City of Palo Alto Certificate issued to City of Palo Alto Owen Dunn Tnsurance Services 08/04/2004 a)This is insurance does not apply to "bodily injury" or "property damage" caused by "your work"- included in the "products-completed operations hazard" unless you are required to provide such coverage for the additional insured by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought and then only for the perffod of time required by such contract or agreement an’d in no event beyond the expiration date of the policy, 3. Subpart (1)(a) of the Pollution exclusion under Paragraph 2.., Exclusions of Bodily Injury and Property Damage Liability Coverage (Section I - Coverages) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on prelnises which are owned or rented by the additional insured at.the time "your work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or non-contributory basis. When this insurance is primary and there is other insurance available to the additional insured from any source, we will share with that other insurance by the method described in the policy. 5.As a condition of coverage, each additional insured mast: a.) Give us prompt written notice of any "occurrence" or offense which may result in a claim and prompt written notice of "suit". b.) Immediately forward al! legal papers to us, cooperate in the defense of any actions, and otherwise colnply with policy conditions. c.) Tender the defense and indemnity of any claim or "suit" to any other insures which also insures against a loss we cover under this endorsement. This includes, but is not linlited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For purposes of this requirement, the term "insured against" refers to any self-insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the ~nsurer provide the additional insured with a defense and/or indemnity under that policy of insurance. d.) Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. CG D2 47 XO 02 Copyright, The Travelers Indemnity Company Page 1 of 2 Th~s insurance ~s excess ov~r any of i~’~ other insurance whether primes’ excess contingen~ or on any o~ne~ bass: (i} That ~s Fire Ex~enee,a Coverage Builder’s Risk Iqsialtafion R~sk or siml ar coverage for your work": (2} That is Fire ~nsurance for premises rented ~o ygu; rJr ~,~ ,~ the loss sF~se9 oui ~ ~- or use of s~rcrafi, "autos" or watercraft to the extent not subj~c.t to Exdus;on g. cf Coverage A {Sgctier~ ~}. When this iRsu~snce ~s excess, we will have no duty under Coverage A or S 1o defend any @aim or "suit" tha~ any other ~nsurer has a duty to defend. ~f ne other hssurer defends, we w~l~ uRde£ake tc do so, but we wiJl be e~l- fil~ed ~o the insured’s, fights against all those 5thef insurers. VVher~ this ;nsurance }s excess over other surance, we wili pay oniy our share of the amount of ths ~oss. if any, that exceeds the sum or-: The tote! amount that a~i such other in- surance would pay for the toss in the ab- sence o[ tb,}s insurance; and The total of ,atl deductibIe and self- insured amounts unde~ aiJ that driver in.- SuraT~Ce. We ,./v]l~ share the remaining loss~ if a~sy: wi(h any other ip, sura~ce that is ,not described in this Excess ~nsur..sr~ce ?rovisio~ and was not bought specifically to apply ~n excess of the Umits d Insurance shown ~n the ~eclarations of this Ooverage Pa~i. Method of Shar~n~ ff a~ of the other insurance pewits contr;bu- tion by equal shares, we wifi follow this method a~so. Under this appmac~ each ~m surer contributes equa~ amourits until ~t has paid ~s applicable iim~! of ]asurance or none of the ~ess rgms~ns, whiche~}er comes first. l~ any of the other iss~ra~ce does not uermk conthbution by equal shares, we will contrib- ute by l~m~ts. Under th~s method, each surets sha~e ~s 9ased on the ~atio of ~ts p!icab;e limit of ~surance to the tota~ applicable lim~.s of h~suran~e of al~ 5.,P~omu,~. Audit, We wilt compute a!l premiums for this Cover- age Parf Jn accordance with ouF ruies arid rates, Premium shown in this Coverage Pa~I as ad- vance premium is a deposit premium on!y. At the close of each audit period we will cam- pure the earned premium fo~ 1hat period. Audit prem~um.s are due and payab~ on no- ~ice to the first Named insured, if the sum of ~he advance and audit 0~emiums paid for the poi~cy pedod is greater than lhe earned pre-- mlum, we wi~l re!urn the excess lo ~’_he first Named Insured. c. The first Named Insured must keep records of the information we need for premium com- putation, and send ,as cos es at such times as we may request. Representations° By a,s.ce8tin9 th~s policy, you agree: a,The statements in the Declarations are .....- rate and . ’ b, Those s~atemests are based upon "e se~ltations you i~ade 1o us: c, We have issued this policy in reliance upon your representations. Sepa~atien Of In~ured~. Except w~th respect to the Limits of Insurance. and any rights or duties specifically~£~’i,.,.~,,~.d this e~,,~ ..... Pa~l to the first Named Insured, ¯ ~h~_ insurance .a pp ..... ~i .... a,As ff each Named Insured were the drily Named ~nsured; and I i "c,a,m ~s made or "su~t" ~ brought. Transfer ~=~ R~9~,~=~ ~ Of R.ecovery Againsf Others To ~f the insured has r~ghts to ~ecover aii er pad of any payment we have made ,""un~al this Cove~aee Pad, those rights are transferred to us. The + "~ impair them.outed must do nu~hmg after loss *n At our request, the iasured w~tt bdng "suit" or ~ransfer those rights o us and iselp us er~forc.e them. If we decide no1 to renew this CooPerage Pad, we wfl! mail or deliver to the firs! Named insured s~owp J~ the Declarations writter~ T~o[ice of the noq;e~ewal not less than 30 days before the p~ration date. Page 8 ot I~.~,up).ng~L insurai}ce Services Office: hsc.. Is~CG 00 0! !0 8,s DATE (MM/DD/YYY~)ACORQ, CERTiFiCATE OF UABILITY NSUPJ .NCE I o /o4/2oo4P~OUUCER (916)443--0200 FAX (916)#43-02~1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Owen Dunn ~nsu~ance Services ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE License Number: ¯ 0670167 2831 G Street Sacramento, CA 95816-372! INSURED Cooperative Personnel Services AKA: CPS 241 Lathrop Way Sacramento, Ca. 95815 COVERAGES HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE [NSURERA .Gul f Underwriters lns. INSURER B: INSURER C: INSURER D: INSURER E: NAIC # Co./Moore Sp Risk THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRI BED HEREIN IS SUBJECT TO ALL THE TERMSEXCLUSIONS AND CONDITIONS OF SUCHPOLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,’ ;INSR ADD’ULTR ~ qSRD ~YPE OF INSURANCE GENERAL LIABILBS’COM, ERD,AL GENERAL L,A ,L GEN’L AGGREGATE LIMIT APPLIES PER: ~ POLICY ~PRO~ ~LOCJECT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY~ANY AUTO EXCESSIUMBRELLA LIABILIT~ ~ OCCUR [~ CLA,MS MADE A ~DEDUCTIBLE . RETENTION $ WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY ANY PROP RIETOR/PARTNEP45XE C UTIVEOFFICER/MEMBER EXCLUDED? If yes, describe underSPECIAL PROVISIONS below OTHERProfessional Liability Including Personal Injury Liab. Temporary certificate Jul f Underwriters of insurance POLICY NUMBER POLICY EFFECTIVEDATE !MM/DD/Y~ GU6621214 10/13/2003 IPOLICY EXPIRATIONDATE (MM~DDfY~ 10/13/2004 EACH OCCURRENCE DAMAGE TO RENTEDPRFMISF£ IFa ncrurenre) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE LIMITS $ $ PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT(Ea accident) BODILY INJURY(Per person) BODILY INJURY(Per acciden[) PROPERTY DAMAGE (Per acciden[) AUTO ONLY- EA ACCIDENT OTHER THAN EA ACC AUTO ONLY:AGG EACH OCCURRENCE AGGREGATE I WC S;ATLL E.L DISEASE- POLICY LIMFr ’ $ $ $ $ $ $ $ $ !$ $ $ $10,000,000 Occurence $10,000,000 Aggregate issued by Owen-Dunn pending receipt of actual certificate from ;:Upon nonpayment of premium, I0 days notice of cancellation applies. CERTIFICATE HOLDER City of Palo Alto P.O, Box 10250 Palo Alto, CA 94303 ACORD 25 (2001108) CANCELLATION SHOULD ANY OF THE ABOVE DESCPJBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILUEE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRBSENFFA~VE ’)d ~’~ d //’~F~i~-- Maryanne Novak/CBV ~ ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER Tile Certificate of insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the ~olicies listed thereon. ACORD 25 (2001108) ATTACHMENT B City Mart.ager s Report TO: FROM: DATE: SUBJECT: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: JULY 12, 2{~4 CMR:345:04 CITY MANAGER’S OFFICE RECOMMENDATION OF THE COUNCIL/COUNCtL APPOINTED OFFICERS (CAO) COMMITTEE REGARDING INTERVIEWS FOR A CONSULTANT TO FACILITATE CAO EVALUATIONS 9 RECOMMENDATION The Council/CAO Committee recommends that the Council interview John Shannon of CPS Human Resources Services and Susan Quinn of The Quimn Company for the role of facilitator for the Council’s evaluation of the CAOs. COMMITTEE REVIEW AND RECOMMENDATIONS On June 24, 2004, the Council!CAO Committee reviewed the four responses received for the Request for Proposal to facilitate CAO evaluations. The Committee asked that interviews with Susan Quinn and John Shannon be scheduled with the fu!! Council. The Committee recommended that, if the Council did not find either of the two candidates acceptable or wanted to do more interviews, that those be scheduled after the initial interviews. The Committee reviewed proposed questions for the interview. recommended questions are attached. The Committee’s RESOURCE IMPACT Staff believes the full cost of the contract should not exceed PREPARED BY CITY MANAGER APPROVAL CMP.:345:04 Page 1 of 2 ATTACHMENTS Recommended Interview Questions Minutes: June 24 Council!CAO Committee meeting CMR:345:04 Page.~ "~ of 2 tr~terview questioas Facilitator - Counc~I\CAO EvaIuafior~ Process Having reviewed the descNption of desired services in the Request for Proposal, please discuss what you see as the benefits of the approach being considered, and what the challenges may be. Describe your role and the rotes of your key staff members in the review and facilitation process. In this process, please describe how you see your working relationship (coordination, reporting)’will work with the City Council. Similarly, describe how you see your working relationship with the CAOs. Please describe similar experiences you have had providing evaluation!facilitation services to other public agencies and, if applicable, to cities. Please describe what you see to be the challenges in carrying out this proposal. How would you handle the situation in which there was a large divergence in the information you are receiving from the various council members? How would you handle the situation in which there was a large divergen’ce between the perceptions of the counci! member and an individual CAO? The consultant provides information for the council in the compensation process but is expected to only act as a resource in its discussion on compensation. How would you see your role if the council was having difficulty in agreeing on an approach to compensation? Do you have any suggestions for changes in the facilitation plan that we’ve 9rovided that would either ell~ance or streamline the overall process? Special Meeting June 25, 2004 The Council/Council Appointed Officer (CAO) Committee met this date in the Council Conference Room at 9:04 A.M. PRESENT:Mossar, Ojakian, Burch ABSENT:Kishimoto ~.. Oral Communications None, Screening of Responses to Request for Proposals for Facilitator for CAO Evaluations Chair Dena Mossar noted the RFP was issued on June 7, 2004, and four proposals were received from the following: 1) John Shannon, CPS Human Resources Services; 2) Robert Burg, Ralph Andersen & Associates; 3) Martin Nelson, St., Taylor Nelson; and 4) Susan Quinn, TheQuinn Company. She stated she would like tonarrowthenumber of proposers to be interviewed to two. There would not be interviews on Monday, June 28, as noted on the agenda. A revised Council agenda .would be issued. Assistant City Manager Emily Harrison referred to the matrix, which compared the four proposals. City Auditor Sharon Erickson stated the three CAOs (City Auditor, City Clerk, and City Manager) met and reviewed the responses, and John Shannon is the only one who has the facilitation experience and has done it repeatedly for many public agencies. City Manager Frank Behest noted that although Ralph Andersen and Associates had experience, their proposed Project Director for this assignment, Robert Burg, Executive Vice President, has not had specific experience in recruitment and facilitation. Chair lvlossar added that conflict of interest issues were previously evaluated and it was agreed the RFP would not be issued to firms who had recently worked with Palo Alto. Although John Shannon had been th.e recruiter for Sharon Erickson, the Committee determined that enough time had elapsed so that there wasn’t a conflict of interest. Council Member .Ojakian asked if staff had worked with any of the other consultants.in the.past. Ms. Harrison said they had not, but tried to do as wide a distribution of the RFP as possible~ Council Member Ojakian said the City had worked with John Shannon, who had prepared The Shannon Report in the mid-90s. He is comfortable with Mr. Shannon’s firm, but was also interested in Susan. (~uinn’s proposal. Chair Mossar said aside from John Shannon’s experience, she wasn’t sure that all proposers understood the task. In future years, when a process had been established it would be possible to hire someone without experience. She said at this stage, Council could interview -John Shannon and Susan (~uinn, or just interview John Shannon. If the Council did want to contract with John Shannon they could interview someone e!se or go out for another RFP. Council Members Butch and 0jakian noted they were comfortable interviewing both Shannon and Quinn. Chair Mossar said this would allow for Council to have a broader discussion and have a chance to look at the low proposa!. Ms. Harrison stated the contract with the successful consultant would be negotiated after Council interviews the candidates. Mr. Behest referred to the proposed list of interview questions and suggested a question be asked regarding what are the benefits of this approach and what are the challenges. Herb Borock, P.O. Box 632, noted that Taylor Nelson did not provide the necessary insurance information to be a responsive bidder. Chair Mossar suggested that since the consultant would be working for the Council, but would also have a coordinating role with the CAOs, a question should be added to clarify their understanding of that relationship and how they would handle the reporting and coordinating. ¯Council Member Ojakian noted that questions 5 and 6 are important, as they talk about "divergence."" Ms. Erickson said she appreciates, the question suggested by Ivlr. Benest. Ms. Harrison agreed to substitute the City Manager’s suggested question for. the first one on the list. She stated there is no date for the interviews at this stage. Chair Mossar referred to the Consultants Ranking Form and added that individual council members have the right to state they like a consultant who wasn’t approved for interviewing by the Committee. If council members believe other consultants have strength, they can rate them accordingly. She recommended a memo from the Committee to their colleagues advising that John Shannon and Susan quinn will be interviewed to begin the process, but Council Members may determine after interviewing that they want to do more interviews. Ms. Harrison stated she would draft a memo for places at the Council meeting on lVtonday, June 28, 2004. ADJOURNMENT: The meeting adjourned at 9:25a.m. ATTACHMENT C CERTIFICATION OF NONDISCRIIVIINATION .SECTION 4! o Certification of Nondiscrimination As suppliers of goods or services to the City of Pale Alto, the firm and individuals listed below hereby certify: a)that they are currently in compliance with all federal and state of California laws covering nondiscrimination in employment; and b)that, if awarded the contract, the Proposer will not discriminate in employmentof any person under the contract because of race, color, national odgin or ancestry, religion, disability, gender or marital status of such person. THE [NFORIMIATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. Firm:c?s Execut:L,ze Sea~_-ch, formerly Sha~no,n Executi’Te Search Signature: Name: Signature: Name: Note: Shannon (PRINT OR TYPE NAME.) (PRINT OR TYPE NAME) Califomia Corporations Code Section 3f3 requires two corporate officers to execute contracts.. *The signature of First Officer* must be one of the following: Chairman of the Board; President; Or Vice President. **Th"e signature of the Second Officer** must be one oft he following: Secretary; Assistant Secretary; Chief Financial Officer," or Assistant Treasurer. (Ir~ fh~ ~lf~,rn~fiv~., a certified corporate resolution attesting to the signatory authority of the individuals signing in their, respective capacities is acceptable) C~TY OF PALe #~TO RFP NO 107389 PAGE I OF !