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HomeMy WebLinkAboutStaff Report 6852 City of Palo Alto (ID # 6852) City Council Staff Report Report Type: Consent Calendar Meeting Date: 5/2/2016 City of Palo Alto Page 1 Summary Title: Approval Contract Amendment for CAO Evaluations Title: Approval of Amendment Number One to Contract Number C15159225 in the Amount of $60,000 with Municipal Resource Group for Council Appointed Officers Evaluations to add Services and Increase the Total Amount Not-to-Exceed From $123,000 to $183,000 From: City Manager Lead Department: City Manager Recommendation Staff recommends that City Council adopt Amendment One to Contract C15159225 with Municipal Resources Group (MRG) to add $50,000 to Year 1, $5,000 to Year 2, and $5,000 to Year 3 for annual Council Appointed Officers (CAO) performance evaluations for a new not to exceed amount of $183,000 through June 15, 2018. Staff also recommends a transfer of $20,000 from the City Council contingency account to the City Council Department Budget to provide funding, in addition to $30,000 from the Council department budget, for the costs associated with these activities. Background On June 15, 2015 Council approved Contract C15159225 with Municipal Resources Group to conduct evaluations for the City Manager, City Attorney, City Auditor, and City Clerk. The scope of services authorized MRG to prepare a questionnaire, conduct interviews, prepare reports, facilitate discussions, prepare summaries and review options for compensation. Prior to the contract with MRG, Council used the services of Sherry Lund & Associates. That firm’s service dated back to 2008 with the contract ending on June 30, 2015. On June 15, 2015, Council, based on recommendations from the CAO Committee, entered into a three-year contract with MRG. Discussion As noted in previous staff reports, CAO performance evaluation are a critical tool for assessing employee performance and ensuring that staff is meeting City Council priorities and objectives. Due to the facilitation needs amongst nine City Council members, four CAO’s, and the CAO Committee, the use of an outside consultant has increased efficiency and saved the City costs. City of Palo Alto Page 2 When the original agreement with MRG was negotiated it was anticipated that tools, methodology and the approach MRG uses in other jurisdictions would be used with the City of Palo Alto. As MRG began work with City Council and the Council Appointed Officers, a more tailored approach was desired including development and administration of a customized Direct Report Questionnaire which included qualitative feedback. This approach required development of the questionnaire, extensive meetings with key stakeholders and administration and analysis of qualitative comments and feedback. In addition, when MRG originally submitted their proposal to facilitate the evaluations it had not anticipated conducting a compensation review. Further, due to delays in the start of the initial contract with MRG, much of the evaluation process fell during the preplanned City Council summer break causing additional time to schedule meetings with all City Council members. As a result of the unanticipated work and the addition of compensation review the proposed amendments are required during the three year agreement. Resource Impact Partial funding of $30,000 is available in the City Council department budget. The remaining $20,000 for Year 1, if approved by Council, will be transferred from the City Council Contingency. Year 2 and Year 3 costs will be appropriated as part the Fiscal Year 2017 and 2018 annual budget process. Attachments:  Contract C15159225 Amendment No. 1 with MRG (PDF) 1 Revision April 28, 2014 AMENDMENT NO. 1 TO CONTRACT NO. C15159225 BETWEEN THE CITY OF PALO ALTO AND MUNICIPAL RESOURCE GROUP, LLC FOR PROFESSIONAL SERVICES This Amendment No. 1 to Contract No. C15159225 (“Contract”) is entered into April 18, 2016, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and MUNICIPAL RESOURCE GROUP, LLC, a California Limited Liability Company, located at 675 Hartz Avenue, Suite 300, Danville, California, 94526 ("CONSULTANT"). R E C I T A L S A. The Contract was entered into between the parties for the provision of the development of a performance evaluation process and to conduct evaluations for four Council appointed officials. B. CITY intends to increase compensation from $123,000.00 by $60,000.00 to $183,000.00 for continuation and addition of services per Exhibit “A” Scope of Services. C. The parties wish to amend the Contract. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION 1. Section 4 COMPENSATION is hereby amended to read as follows: SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed One Hundred Eighty Three Thousand Dollars ($183,000.00). The applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “RATE SCHEDULE,” which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit “A”. SECTION 2. The following exhibit(s) to the Contract is/are hereby amended to read as set forth in the attachment(s) to this Amendment, which are incorporated in full by this reference: a. Exhibit “A” entitled “SCOPE OF SERVICES”. b. Exhibit “C” entitled “COMPENSATION”. DocuSign Envelope ID: 7B490F6F-9B1A-449C-9CA8-6A77E84B325C 2 Revision April 28, 2014 SECTION 3. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. CITY OF PALO ALTO APPROVED AS TO FORM: MUNICIPAL RESOURCE GROUP, LLC Attachments: EXHIBIT “A” SCOPE OF SERVICES EXHIBIT "C" COMPENSATION DocuSign Envelope ID: 7B490F6F-9B1A-449C-9CA8-6A77E84B325C Partner 3 Revision April 28, 2014 EXHIBIT “A” SCOPE OF SERVICES Project Introduction: The City of Palo Alto is seeking to engage a consultant working directly for the City Council to facilitate the annual performance evaluations and compensation adjustment process for its four Council appointed officials (CAO’s), City Manager, City Attorney, City Clerk and City Auditor. Project Background: The City Manager, City Clerk, City Attorney and City Auditor are appointed directly by the City Council and, as such, are reviewed by the City Council on an annual basis in accordance with their individual employment agreements. Such review is necessary in order for Council members to ensure the efficiency of the appointed offices, to provide general feedback on their performance, to set goals for the coming year, and to identify areas of improvement. It is also necessary to review compensation to ensure that the positions are paid appropriately in comparison to the market and their performances. Scope of Work: A. Preparation of Questionnaire: Working with the Council CAO Committee (four members of the City Council) and the CAO’s, Consultant will prepare a questionnaire to be used for interviews. The questionnaires will be distributed to Council Members to fill out a week in advance of their scheduled interview/meeting with the Consultant. The questionnaires shall be designed to be a tool to summarize Council Members’ estimation of the CAO’s attainment of specific goals, as well as their performance in general areas such as communication; key relationships between the CAO and the Council, staff, public, CITY committees and commissions and other government agencies; as appropriate; specific work priorities such as budget, public relations, program management and employee relations; as well as general comment on the CAO’s performance of their duties. B. Conduct Interviews, Prepare Report, Facilitate Discussion, Prepare Summary: CONSULTANT will interview each of the (9) Council Members individually, using the interview questionnaire to gather input and evaluation of CAO performance. CONSULTANT will also interview each CAO to gather their estimation of their performance, achievements and ability to meet their established goals and performance objectives. CONSULTANT will consolidate information from all interviews and prepare a written evaluation/report, which will first be reviewed with the Council CAO Committee and then presented to the entire Council in closed session. After presentation of the evaluation/reports, CONSULTANT will facilitate Council discussion of the results of the interviews and input. CONSULTANT will then facilitate discussion of the evaluation report between each CAO and the Council. C. Review Options for Compensation: DocuSign Envelope ID: 7B490F6F-9B1A-449C-9CA8-6A77E84B325C 4 Revision April 28, 2014 Prior to conducting the above performance evaluations, the CONSULTANT will research salary survey information and comparisons with salaries in surrounding agencies for each of the CAO positions and review survey results with the CITY’s Human Resource Director. The CONSULTANT will use this information to work with the Council CAO Committee on compensation options to be proposed to the Council and CAO’s. After facilitating the performance evaluation meetings with the Council, CONSULTANT will meet with each CAO to de-brief on Council discussion, and to discuss compensation considerations. The Council CAO Committee will make its salary adjustment recommendations to the full Council. The CONSULTANT will be available as a resource at the meeting with the full Council. The CONSULTANT will also be available as a resource for the Council CAO Committee in its negotiations with individual CAO’s. The CONSULTANT will prepare a complete file for each of the evaluations, including compensation recommendations and actions, for the permanent CITY record. AMENDMENT NO. 1 CONSULTANT to provide the following services: - Create customized Direct Report Questionnaire to include qualitative feedback - Conduct additional meetings with key stakeholders and administer and analyze qualitative questionnaire - Conduct compensation review/study each year of the contract DocuSign Envelope ID: 7B490F6F-9B1A-449C-9CA8-6A77E84B325C 5 Revision April 28, 2014 EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set forth below. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed $183,000.00. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s project manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, does not exceed $183,000.00. BUDGET SCHEDULE NOT TO EXCEED AMOUNT Task 1 (Year 1) $90,000.00 City Manager, City Clerk, City Auditor & City Attorney Performance Evaluation Task 2 (Year 2) $45,000.00 City Manager, City Clerk, City Auditor & City Attorney Performance Evaluation Task 3 (Year 3) $45,000.00 City Manager, City Clerk, City Auditor & City Attorney Performance Evaluation Sub-total Basic Services $180,000.00 Reimbursable Expenses $3,000.00 DocuSign Envelope ID: 7B490F6F-9B1A-449C-9CA8-6A77E84B325C 6 Revision April 28, 2014 Total Basic Services and Reimbursable expenses $183,000.00 Maximum Total Compensation $183,000.00 REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto employees. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges are reimbursable at actual cost. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $500.00 shall be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s project manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement DocuSign Envelope ID: 7B490F6F-9B1A-449C-9CA8-6A77E84B325C