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HomeMy WebLinkAboutThe Centre for Organization Effectiveness; 2018-04-16;AGREEMENT FOR SUCCESSION PLANNING AND TALENT DEVELOPMENT SERVICES THE CENTRE FOR ORGANIZATION EFFECTIVENESS aJHIS AGREEMENT is made and entered into as of the / /.ptfJ day of {d.ti 9 '_Q , , 2018, by and between the CITY OF CARLSBAD, a municipal corporatton, ("City"), and The Centre for Organization Effectiveness, a Joint Powers Authority, hereinafter referred to as ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in succession planning and talent development. B. Contractor has the necessary experience in providing professional services and advice related to succession planning and talent development. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one year from the date first above written. The City Manager may amend the Agreement to extend it for two additional one-year year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be ninety-five thousand dollars ($95,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed one hundred thousand dollars ($100,000) per Agreement year. The City reserves the right to withhold a ten percent ( 10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". Invoices shall be sufficiently detailed to include related activities and costs for approval by City's L&CA Director or designee. City Attorney Approved Version 9/27/17 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to .indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus City Attorney Approved Version 9/27/17 2 line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "AX"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or City Attorney Approved Version 9/27/17 3 maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS 13.1 All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 13.2 City acknowledges that Contractor has developed methods and materials that will be used in the performance of this Contract, and will develop additional materials, programs and processes in the course of performing this Contract, all of which are proprietary and confidential to Contractor, including without limitation presentation and training materials (both electronic and hardcopy), writings, assessment instruments, data, charts, computer and other programs, processes, outlines, written documents, drawings, illustrations, photographs, and other information (collectively "Proprietary Information") Contractor agrees that such Proprietary Information shall not include information that is currently in the public domain, or which comes into the public domain outside of Contractor's performance hereunder; or information which City had in its possession prior to entering into this Contract. 13.3 City acknowledges that it will be given access to Contractor's Proprietary Information in the course of Contractor's performance under this Contract. City shall have a non-exclusive license to use Contractor's materials, including but not limited to its Proprietary Information, but only during and in connection with its receipt of services under this Contract, unless the use of a particular item for other purposes is expressly agreed to in writing by the Contractor. All such Proprietary Information shall remain the property of Contractor, however, subject to all restrictions contained herein. 13.4 Except as required by law or as specifically agreed to in writing by the Contractor, City agrees it will not ( 1) use any such Proprietary Information outside of its work with Contractor under this Contract, (2) appropriate any such Proprietary Information to its own use outside the scope of this Contract, or (3) disclose any such Proprietary Information to third parties, without the advance and express written permission of Contractor. Prior to any disclosure required by law, City will give Contractor written notice of its intent to disclose such Proprietary Information, in sufficient time to allow Contractor to seek judicial protection for its Proprietary Information. City Attorney Approved Version 9/27/17 4 13.5 When this Contract is terminated, City shall return to Contractor all Proprietary Information of Contractor, however received, in the same condition as it was received. City's obligations under this section, to preserve the confidentiality of Contractor's Proprietary Information, shall survive the termination of this Contract. 14. COPYRIGHTS City of Carlsbad Library & Cultural Arts department will own any work customized for them under the terms of this Agreement. The City will be able to use such work in perpetuity without the payment of any fees or royalties. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Heather Pizzuto Title Library & Cultural Arts Director Department Library & Cultural Arts City of Carlsbad Address 1775 Dove Lane Carlsbad, CA 92011 Phone No. 760-602-2011 For Contractor Name Sommer Kehrli, Ph.D. Title Executive Director Address 7310 Miramar Road, Suite 380 San Diego, CA 92126 Phone No. 619-354-5703 (o) Email skehrli@tcfoe.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes. NoO 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. City Attorney Approved Version 9/27/17 5 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of City Attorney Approved Version 9/27/17 6 information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Remainder of Page Intentionally Left Blank City Attorney Approved Version 9/27/17 7 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR By: (sign here) SOMMER KEHRLI/Executive Director (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:_//I_U_~---- Assistant City Attorney City Attorney Approved Version 9/27/17 8 EXHIBIT "A" SCOPE OF SERVICES The Centre for Organization Effectiveness will provide succession planning and talent development consulting services as described below for the first year of a potential two-year project, with payment for services upon receipt of invoice for each phase as completed. Work will commence no later than 10 business days from date of execution of this agreement. Project Description The City of Carlsbad Library & Cultural Arts (L&CA) Department has requested consultant services from The Centre for Organization Effectiveness (The Centre) to assist with succession planning and talent development efforts. Specifically, the L&CA department requires a broad strategy to support the organization in aligning staffing initiatives with evolving services and priorities, capturing organizational knowledge, and identifying and developing individuals with the potential to fill key leadership positions and emerging talent needs. Background In reviewing the background and documents provided by the L&CA Leadership Team and after a few conversations, The Centre understands these key elements about the department: • A number of major innovation and change initiatives aimed at maximizing the value of the L&CA Department to the community have occurred in the last few years resulting in major structural and process changes within the department. • These efforts have significantly contributed to the potential value the L&CA is able to offer the community; however, the organization is still adjusting to various transitions, dealing with post- renovation items, as well as facing some large scale tasks. • The L&CA department is currently facing some of the following competing priorities: o Maintaining service to the community seven days a week, 68 hours per week o Hiring and training staff o Merging two cultures (merging of what was previously two different locations) o Charting the next ten years of Cultural Arts services o Potentially revisiting the department's strategic plan • On top of these competing priorities the L&CA is currently facing a staffing crisis (50% of FTEs are eligible to retire and 37% are at or above the city's average retirement age of 57). • Leadership is fatigued and pulled in every direction and does not currently have the capacity or bandwidth to address the anticipated loss of staff, assess emerging talent demands, and identify appropriate development and succession solutions. • A broad strategy is needed to address the anticipated loss of staff and emerging talent gaps and to simultaneously develop the internal capacity of the organization to effectively manage talent needs in the future. • Without this support the L&CA will not be able to maximize on previous investments and see the transitions through to the positive outcomes initially intended. The Centre's Recommended Approach The Centre met with key leaders of the L&CA Department in February 2018 to discuss the specifics of the department's request for consulting services. During this conversation, it was identified that the L&CA Department desires not only a solution for addressing the emerging talent needs facing the organization but would like to simultaneously integrate regular talent development efforts into the culture of the department as to promote a proactive talent management position. Following a review of current succession planning literature and the L&CA specific documents, The Centre proposes the following high-level approach. Project phases are identified as a starting point, and this document represents the beginning of a conversation between the L&CA department and The City Attorney Approved Version 9/27 /17 9 Centre that can guide exploration of the needs and approaches most useful to meeting the specific needs of the department. At times implementation of project phases may overlap. Brief Overview of Two Year Approach: Year One will focus on addressing the immediate talent and succession needs of the L&CA. Because there is already an urgent need in the organization to address anticipated talent loss and manage knowledge transfer, the first priority will be to develop a plan for addressing the organization's immediate needs (current needs and needs of the immediate future). In Year One, The Centre will assist the organization in mapping out where the organization is (current infrastructure of talent and linkages to strategic initiatives), what immediate needs/challenges are facing the organization, identifying the gaps between current talent and emerging talent needs, and developing a plan for filling the gaps through talent development, succession, and/or recruitment efforts. At the end of Year One, L&CA will have an up-to-date framework linking key positions to the organization's strategy, as well as outlining specific talents (KSAOs) associated with each position. The L&CA will also be aware of significant talent gaps and have a customized plan for addressing talent gaps on a position-by-position basis. The phases presented in Year One incorporate processes identified as best practices by literature, while intentionally leaving room for adjustment and modification to support the development of an approach that is tailored to the unique needs of the organization. YEAR ONE -Outline Strategically identify and address emerging talent gaps. Key Objectives: • Map out current framework indicating how key positions currently support overarching organizational strategy (consider how positions/roles have changed as a consequence of recent transitions). • Identify current gaps in talent. • Identify future needs (promote dialogue regarding emerging needs and opportunities to maximize impact). • Identify talent gaps in meeting emerging needs. • Develop plan for addressing talent gaps (training and development, succession planning, recruitment) and managing knowledge transfer. • Create communication plan to acclimate staff to talent development as a way of thinking in L&CA. Due to the impending retirements and vacancies, we are recommending that Phases 1 and 2 occur simultaneously. PHASE 1: (Approximately 2.5 months; simultaneously with Phase 2) Succession Planning Design and Approach and Development of Internal Support Team • Collaborative phase where The Centre works closely with L&CA to establish details of Year One, including the approach, logistics, and map of specific meetings and action items. Additionally, The Centre will work with the L&CA Department to develop an internal support team which will provide internal support throughout the entirety of the initiative. The Metz report, Ottawa guide, and materials from Doris Sims Spies or others will be reviewed to determine which elements should be incorporated. Upon completion of Phase One, the goals and deliverables of Year One will be clearly outlined and internal versus external ownership over key deliverables and actions will be established. This phase includes bi-weekly meetings with team depending on availability of Carlsbad members. City Attorney Approved Version 9/27/17 10 Potential Activities: • Solidify appropriate internal team to work with The Centre. • Review best practices and previous approaches considered. • Establish clear program goals and deliverables. • Develop detailed project plan. o Timeline o Milestones o Overview of working meetings and objectives o Roles and responsibilities o Goals and objectives • Work with internal staff and leaders to refine project components as needed. • Draft communication materials/plan for introducing initiative to staff. Price of Phase 1: $7,500 (all inclusive PHASE 2: (Approximately 2.5 months; simultaneously with Phase 1) Review of Strategic Context, Mapping of Key Support Roles, and Triage of Key Position Vacancies (likely 4-6 positions) Potential Activities: • High-level overview of key positions. Map out framework for how key positions currently support organizational objectives and strategic focus with careful consideration to how positions/roles may have changed due to recent transitions (talent framework). The Centre will provide relevant templates as needed. We will start with the most critical positions first in a half-day session. • There will be some preparatory work required by leadership for these positions in order for the session to move swiftly. o Documentation of how each role supports the organization's overarching strategy (e.g., outline of key roles and responsibilities for each position and linkage to specific objectives). o Documentation of qualifications (education, experience, specific expertise/working knowledge) needed for success in each position. • Gain insight from employees and staff as needed. o Documentation of position occupancy and likelihood of position vacancy in near future. • Identify immediate talent gaps. • Conduct knowledge capture process for key positions with impending retirements or vacancies (likely 4-6 positions). This process will serve as both filling an immediate need to capture knowledge, but also to train L&CA leadership on how to conduct knowledge capture sessions and create a Knowledge Capture and Transition Action Plan. The process typically includes an initial 1-1.5 hour meeting with the current position holder followed by some homework ( e.g., review job role, think through critical tasks in role) and a second 1-1.5 hour meeting with the current position holder. For these initial knowledge capture sessions, both Centre consultants and L&CA key leader will attend these meetings. Following these meetings, The Centre will create a Knowledge Capture and Transition Action Plan for each position. This plan may include items for the current position holder to complete (e.g., write up the steps to a key process) or positions for L&CA staff to collaborate with The Centre or HR on (e.g., rewrite the current job description to capture additional knowledge or skills necessary for position). • As needed, identify needs for position clarification/updating or other changes and make recommendations on next steps for documenting changes (e.g., job description) in partnership with L&CA team and HR department. These changes would be executed by the L&CA team and HR department. Incorporate any changes in staffing needs based upon the Council's adoption of the Arts & Culture Plan. Price of Phase 2: $25,000 (all inclusive) City Attorney Approved Version 9/27/17 11 PHASE 3: (Approximately 3-4 months based on scheduling demands) Identifying Key Position Demands into the Future and Building Capacity for Talent Review Discussions Potential Activities: • Organizational conversation focused on whether amounUtype of roles are appropriate for supporting strategy. Consider whether or not additional roles and/or responsibilities are needed. This phase will have a specific focus on areas of transition and talent gaps after the immediate needs identified and managed in Phase 2. A second half-day session to outline the key position demands and transitions will likely be necessary in this phase. • Two-day Leadership Program on engaging soon to retire employees/leaving a legacy, building capacity to conduct talent discussions and support staff in developing Individual Development • Plans, some teambuilding among leadership. We anticipate this could be a two-day session split over multiple days to accommodate operational needs. • Ongoing support and coaching for leadership (managers and supervisors) to lead effective talent conversations with staff. There may also be a need for some additional support at this point from The Centre to conduct triage knowledge capture and transition action plan development for key positions. However, at this point, leadership will be becoming more comfortable with leading these talent conversations throughout the year with staff, so the need for triage intervention will become less common. • Department-wide conversation/session focused on emerging/future demands, trends, and talent development strategy. This will serve to incorporate some team-building components as well for the department. o Ideally involve all employees (full-time and part-time as appropriate) to help identify emerging needs and opportunities for development (e.g., world cafe activity in 4-8 hour format) and acclimate them to the talent development strategy, Individual Development Plans, etc. We use an appreciative inquiry approach to identify foundational strengths and opportunities to maximize positive impact through continued development of staff and anticipation of future needs. Price of Phase 3: $40,000 (all inclusive) PHASE 4: (Approximately 3 months) Identify Talent Gaps and Develop Transition Plan Potential Activities: • Analysis of how emerging demands and desired development objectives will impact key positions (need for new positions, expanding roles, need for additional development of skills and abilities). Update talent framework document with talent needs (KSAOs) that can be utilized for development and recruitment purposes. • Develop a plan for filling talent gaps on a position-by-position basis. There are typically three options for filling talent gaps: development of current position holder, identification and development of potential successor(s), or external recruitment. The first step is likely to engage in one-on-one conversations with position holders so that the needs of organization and the employee are met. o Individual development (development of current position holder). • Assess current position holder's KSAOs as needed. • Outline the specific development opportunities needed to fill talent gap. • Partner with individual to develop professional development plan that outlines developmental goals and milestones. o Succession planning (identification of potential successors). • Assess readiness of potential successors, potentially by: • Management assessment • Self-identification City Attorney Approved Version 9/27/17 12 • Readiness checklists • Ta lent development conversations • Outline further development needs for candidates to assume position successfully. • Partner with individuals to develop professional development plan that outlines developmental goals and milestones. • Develop strategy for transfer of critical job knowledge from current position holder to potential successors (phase five outlines some specific approaches, however the approach will depend on the type of working knowledge being captured in each position, for example, routine work processes versus more nuanced dynamics of getting work done). o Recruitment. • Work with HR to develop job description (including necessary KSAOs), recruitment strategy, interview protocols, and use of assessments. Outline any potential on-the- job development opportunities. • Develop strategy for transfer of critical job knowledge to new employee. Price of Phase 4: $12,500 (all inclusive) PHASE 5: (Approximately 1-2 months with some efforts continuing in execution in Year 2) Implement Targeted Development and Knowledge Transfer Opportunities The appropriate activities will be determined based upon the themes that emerge in common following the talent development discussions, world cafe activity, and supervisory training. Potential Activities: o Mentoring o Job shadowing o Rotational assignments knowledge transfer o Knowledge capture survey o Leadership development o Coaching (individual/groups) o Internally hosted conversations/panel o Skills-based training -*Please see Year Two Component Two for an extended list of appropriate training and development options that can be utilized throughout this phase. Price of Phase 5: $10,000 CENTRE TEAM Due to the nature of this project and the specific succession planning and training and development needs we recommend that consultant services be provided by the following three-person team: • Sommer Kehrli, Ph.D. (Executive Director) • Brian Beamish, M.S. (Director of Learning and Development) • Jena Marshall, M.A. (Organization Development Consultant) Other consultants will be pulled in for specific skill sets as appropriate and as approved by the client. Please see the team members' biographies below. SOMMER E. KEHRLI, Ph.D. Sommer Kehrli is the Executive Director for The Centre for Organization Effectiveness. Established in 1993, The Centre is a Joint Powers Authority providing innovative management programs, training, forums and organization development interventions for over 110 public, non-profit and private organizations. Her background includes leading large-scale change management and employee engagement efforts, facilitating executive retreats and teambuilding workshops, coaching leaders of all levels, succession planning and talent management efforts, designing training programs, conducting research, and creating assessment instruments. City Attorney Approved Version 9/27/17 13 Sommer has designed several development programs for executives, middle managers, supervisors, and front-line employees. Sommer's presentation expertise is in performance improvement and measurement, emotional intelligence, generational differences, employee engagement, change, communication, resilience and adaptability, strategic agility, and outcome- based performance measurement. Sommer is a TalentSmart master certified trainer and facilitator in Emotional Intelligence. Sommer's research on global business and her extensive travels give her an expansive view of business abroad. She has studied in Austria, the factories of Thailand, and the maquiladoras of Mexico. Sommer has experience in both the private and public sectors. She has worked with local and state government, pharmaceutical companies, healthcare organizations, and universities. Sommer worked at Kaiser Permanente in Northern California as the Director of Performance Improvement and as an Organization Development Consultant. In these roles, she was responsible for creating an organizational culture change in a multi-union environment with a focus on improving performance through employee engagement, effective leadership and succession planning, front-line improvement teams, and measurement in both hospital and clinic settings. Sommer has been a guest presenter to the International City/County Management Association, American Society for Public Administration, International Public Management Association for Human Resources, National Management Association, Chamber of Commerce, American Society for Training and Development, and the Annual Water Agencies Conference. Sommer has also been a panelist for "Leadership Matters", a weekly radio program for public sector and non-profit leaders. She co-authored an article for HR Magazine titled, "Managing Generation Y" and for The Joint Commission Journal titled, "Kaiser Permanente's Performance Improvement System, Part 1: From Benchmarking to Executing on Strategic Priorities". Sommer has a Ph.D. and Masters degree in Industrial/Organizational Psychology from the California School of Professional Psychology and a Bachelor of Science in Psychology from Santa Clara University. Sommer is a member of the American Psychological Association, Society for Industrial and Organizational Psychology, American Society for Public Administration, International City/County Management Association, Association for Talent Development, and Organization Development Network. Sommer is also a fellow in the UCSF -Center for Health Professions Change Agent Program. Over the last several years, Sommer has consulted to various organizations such as San Diego County, Napa County, San Luis Obispo County, City/County of San Francisco, City of Chula Vista, City of National City, City of Berkeley, City of San Diego, SAN DAG, Contractors State License Board, California State Teachers Retirement System (CalSTRS), Los Angeles County Employee Retirement Association (LACERA), San Diego County Water Authority, Helix Water District, Western Municipal Water District, Orange County Sanitation District, GE, the Hudson Group, BP, Yum! Brands, Southern California Edison, Dexcom, Kaiser Permanente, UCSD Health System, San Diego State University, and Grossmont and Cuyamaca Colleges. BRIAN R. BEAMISH, Doctoral Candidate, M.S., M.Ed. Brian R Beamish is the Director of Leaming and Development for The Centre for Organization Effectiveness. His background includes more than 30 years pf public service experience in large and medium size government organizations. He has been recognized and decorated for his accomplishments during his career as an innovative executive responsible for leading large operational departments, developing and administering budgets, coaching and mentoring staff throughout organizations, and as a change agent. Brian has more than 25 years consulting and providing organizational development services to private and public organizations. He is passionate about the development of people and helping teams and organizations excel. He has led significant change initiatives, developed and facilitated customized training programs, serves as an executive coach, and keynote speaker. City Attorney Approved Version 9/27/17 14 Brian utilizes scientifically validated assessments in individual, team, and organizational growth and development programs. He helps individuals, teams, and organizations identify and work with their strengths and preferences to create "fit". Employee "Fit" and Role "Fit" allow for maximizing capabilities and synergy to achieve and surpass personal, team, and organizational goals. Before joining The Centre for Organization Effectiveness, Brian served as an executive coach, developed and delivered training programs across the United States and internationally. As a consultant Brian has provided service to private and public organizations. Some of the public organizations that Brian has partnered with include: the United States Congress, San Diego Association of Governments, San Diego State University Police, the City of San Luis Obispo, the County of San Luis Obispo, the City of Santa Maria, the California Association of Public Retirement Systems, the City of Stockton, the City of Newport Beach, the City of Fremont, and San Diego Public Utilities Department, and the California Society of Addiction Medicine. Brian has been a featured presenter in California and conferences across the country as well as a core faculty member for a national consulting training and development firm, faculty at Grand Canyon University, and The Williams Institute for Ethics. Brian is a Consulting Psychology Doctoral Candidate at the California School of Professional Psychology in San Diego, has a Master's of Science degree in Consulting Psychology from the California School of Professional Psychology, a Master's degree in Education in Counseling and Human Relations from Northern Arizona University, and a Bachelor of Science degree in Management of Technical Operations from Embry Riddle Aeronautical University. Brian is a member of the American Psychological Association, Society for Industrial and Organizational Psychology, and the Society of Consulting Psychology. JENA MARSHALL, M.A. Jena Marshall is an Organization Development Consultant at the Centre for Organization Effectiveness. During her time at The Centre she has worked with various public-sector organizations supporting a variety of organization development initiatives. These projects have included the alignment of strategic initiates with outcome-based performance measures, management development initiatives, the design of department-wide innovation programs, and the development, implementation, and analysis of employee engagement surveys. Additionally, Jena has noteworthy experience developing training content and programs in the areas of emotional intelligence, generational differences, action planning, change management, and techniques for increasing managerial effectiveness. Jena earned her Bachelor's degree in Psychology and Sociology from the University of California Santa Barbara and subsequently earned her Master's in Organizational Psychology from the California School of Professional Psychology at Alliant International University in San Diego. Jena has a passion for factors that impact employee engagement and motivation. As well as methods for cultivating team effectiveness, specifically through focus on team characteristics, team design/structure, and organizational context. Jena is dedicated to helping individuals with their personal development in a way that both supports their personal goals, as well as, the effectiveness of the entire team/organization. She has experience administering various assessments including the DISC assessment, StrengthsFinder, and Emotional Intelligence assessment. Jena is certified in StrengthsFinder and capitalizes on this knowledge to support the development of others and to foster effective working relationships within organizational systems. City Attorney Approved Version 9/27/17 15 ~ CENTR-4 OP ID· K.6 ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 11/27/2017 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 15 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). PRODUCER 619-220-8014 22~!AcT JP Lawrence JPL Insurance Group, Inc PHONE 619-220-8014 I iffc. No):619-220-8015 JPL Insurance Services (A/C, No, Ext): 3033 5th Avenue, Ste. 325 it'l~i""' JP@JPlmsurance.com San Diego, CA 92103 Matthew Welty Ins. Agency Inc. INSURER(Sl AFFORDING COVERAGE NAIC# INSURER A, Philadelphia Indemnity Ins Co 18058 INSURED The Centre for 5. D. Organization Effectiveness INSURER B: 7310 Miramar Rd Suite 380 INSURER C: San Diego, CA 92126 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT 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 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. l~J: TYPE OF INSURANCE ~.,o~ ~nR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 r--:=J CLAIMS-MADE [K] OCCUR ~t~6~~J9F~~~~~~nCAI 100,000 X PHPK1742733 12/07/2017 12/07/2018 $ X Owner/Cont Prot. MED EXP /Anv one oerson\ $ 5,000 X Professional Liab PERSONAL & ADV INJURY $ 1,000,000 r-- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ~ DPRO-D 2,000,000 POLICY JECT LOC PRODUCTS -COMP/OP AGG $ OTHER: $ A ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT (F:::11 ::irdrlAn1' $ 1,000,000 ANY AUTO PHPK1742733 12/07/2017 12/07/2018 BODILY INJURY /Per oerson) $ -OWNED ~ SCHEDULED -AUTOS ONLY r--AUTOS BODILY INJURY /Per accident) $ X HIRED X NON-OWNED fp~?~tciVnt~AMAGE $ -AUTOS ONLY r--AUTOS ONLY $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION I PER I I OTH-AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ A Professional Liabi PHPK1742733 12/07/2017 12/07/2018 Each lnci 1,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad, its officers, officials, employees, agents and volunteers are additional insureds per the attached endorsement. CERTIFICATE HOLDER CANCELLATION CITYOFC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Ave Carlsbad, CA 92008-7314 AUTHORIZED REPRESENTATIVE ~MvlMl I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A ~ CORD8 ~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/00/YYYY) 11/28/2017 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, ANO THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 15 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). PRODUCER CONTACT NAME: Matthew Welty PHONE I FAX E-COMP WHOLESALE (A/C, NO, EXT): 858-569-1000 (A/C,NO): 888-795-2247 6600 KOLL CENTER PKWY, SUITE 100 E-MAIL PLEASANTON CA 94566 ADDRESS: weltyinsuranca@gmail.com INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: TRAVELERS PROPERTY CASUAL TY 13579 INSURER 8: THE CENTRE FOR S.D. ORGANIZATION EFFECTIVENESS INSURERC: 7310 MIRAMAR ROAD, SUITE 380 INSURER 0: SAN DIEGO CA 92126 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH IBIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCWSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AOOTL SUBR POLICY NUMBER POLICYEFF POLICY EXP LIMITS LTR INSO WYO (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -J CLAIMS-MADE D OCCUR DAMAGE TO RENTED $ PREMISES (Ea Occurrence) ---MED EXP(Anyoneperson) $ PERSONAL &ADV INJURY $ GEN"L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ =i POLICY D PROJECT D LOC PRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) -ANY AUTO BODILY INJURY (Per person) s ----OWNED AUTOS SCHEDULED BODILY INJURY (Pet accident) $ ONLY AUTOS ----HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ ONLY AUTOSONLY (Per accident) >---$ UMBRELLA llAB OCCUR EACH OCCURRENCE $ --EXCESSLIAB CLAIMS-MADE AGGREGATE s OED I I RETENTION $ $ WORKERS COMPENSATION xi ;~:TurE I I OTHER $ ANO EMPLOYERS ' LIABILITY ANY PROPRIETOR/PARTNER/ Y/N E.L. EACH ACCIDENT s 1,000,000 EXECUTIVE OFFICER/MEMBER ~ N/A y IJUB3F72536417 12/10/2017 12/10/2018 A EXCWDED? (Mandatory In NH) E.L. DISEASE· EA EMPLOYEE 1,000,000 If ye$, describe under DESCRIPTION OF E.l. DISEASE -POLICY LIMIT $ 1,000,000 OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space ls required) THOSE USUAL TO THE INSUREDS OPERATIONS. A BLANKET WAIVER OF SUBROGATION APPLIES TO THE WORKERS' COMPENSATION POLICY. CERTIFICATE HOLDER CITY OF CARLSBAD 1635 FARADAY AVE ACORD 25 (2016/03) 31-1769 11-15 CANCELLATION SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCaLEo BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED.IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. Al The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PHPKl 742733 COMMERCIAL GENERAL LIABILITY CG20260413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Carlsbad its officers, officials, employees, agents and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 2 of 21