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HomeMy WebLinkAbout2001-03-06; City Council; 16092; Consulting Services For Futuring Conference8 5 E % . . p 2 d x z 5- CITY OF CARLSBAD - AGENDA BILL AB# It&q& TITLE: MTG. 03/06/01 Award of Contract for Consulting Services - Futuring Conference DEPT. ADM SRV DEPT. HD. CITY ATTY CITY MGR RECOMMENDED ACTION: Approve Resolution No. dool- by authorizing the Mayor to execute an agreement with Integrated Change Strategies for organizational development services. ITEM EXPLANATION: In March 1996 the City of Carlsbad held its first Futuring Conference - an event where a diverse mix of 120 employees came together to examine the future of the organization, and to identify ways to make the organization even more responsive to the needs of the citizens, Council and customers. The 1996 conference began with the group adopting the mission, vision, and values statements that focused the energy of the group, and ended with the identification of a number of strategic initiatives that have been implemented during the past five years. Recommendations focused on improving communications, enhancing employee excellence and modifying internal systems and structures. In addition, the conference focused attention on technology, fiscal health and customer service needs. Results of the conference ranged from the development of the Experience Carlsbad and Customer Service programs to the construction of the Faraday Center. The Experience Carlsbad and Customer Service program focused on sharing the city’s culture, beliefs and dedication to customer service with both new and tenured employees. The Faraday Center was designed to offer one-stop shopping for most city services and to improve internal communications The staff is now planning the second futuring conference for April 4 and 5, 2001. The goals of this conference will be to revisit and reaffirm the organizations mission, vision and values, and to identify the ways to continue and improve the staffs ability to deliver services to all those who live, work and play in Carlsbad. Staff is asking the Council to approve the hiring of an organizational development consultant to assist with the design and delivery of the futuring conference. The process of putting together a conference of this size and scope is significant, and although a number of staff people will be intimately involved in the conference activities, the services of an organizational development expert is needed to assure that the conference is a success. Proposals were requested for consulting services related to the conference and three firms responded offering a wide range of services. Jean Katz Consulting proposed a strict Future Search process (a very structured and rigid approach to this type of project). Although the Future Search process is widely used, after reviewing the Future Search structure the staff believed that the lack of flexibility in the conference design would not be a good fit and would be in conflict with the more open and inclusive approach Carlsbad had adopted with the design of the last conference. PAGE 2 OF AGENDA BILL NO. 16 J Ogd A second proposal was received from Organizational Systems International (OSI) which combined hands on facilitation with the use of “board room technology” as a decision making tool. This system would use a number of computers and sophisticated software to collect and collate information from conference participants. Although the use of a technologically based approach was interesting to the committee, the committee again believed that greater flexibility and more personally engaging approach was needed to reach the goals of the conference. The final proposal was received from Integrated Change Strategies (ICS). This proposal suggested using a modified Future Search approach that would be molded by the conference committee and the consultants during the months prior to the Futuring Conference to meet our needs. This more flexible approach was most attractive to the committee. Preliminary work with the representatives of Integrated Change Strategies (ICS) has shown that the more flexible approach will result in a Futuring Conference that meets our needs, will include and engage a large segment of the workforce, and will be a catalyst for activity in the coming years. Although both the Katz and OSI proposals were initially priced in the $24,000 range, the estimated consultant effort dedicated to conference development and pre-conference work by both consultants was felt to be insufficient to guarantee a successful conference. In addition, both Katz and OSI were suggesting conference sizes below that anticipated by the staff. Additional facilitation assistance required under either proposal would bring the final cost of these proposals closer to a total cost of $30,000. The total cost under the Integrated Change Strategies proposal is $30,312. Staff is recommending that the Council adopt the attached resolution authorizing the Mayor to execute an agreement with Integrated Change Strategies (ICS) to act as the City’s organizational development consultant for the Futuring Conference project. FISCAL IMPACT: The funds necessary to support these costs are available in the Administrative Services Special Projects budget. No additional appropriation is necessary at this time. EXHIBITS: 1. Resolution No.gm I- 69 authorizing the Mayor to execute an agreement with Integrated Change Strategies for organizational development services. 2. Agreement for Professional Services with Integrated Change Strategies 3. Request for Proposal dated October 24, 2000. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2001-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH INTEGRATED CHANGE STRATEGIES FOR ORGANIZATIONAL DEVELOPMENT SERVICES RELATED TO THE CREATION AND DELIVERY OF A FUTURING CONFERENCE. WHEREAS; The City of Carlsbad is in the process of designing a Futuring Conference which will involve a large number of City employees in the process of investigating the future of the organization, and WHEREAS; The City of Carlsbad requires the assistance of an organizational development consultant to create and deliver the Futuring Conference material, and to assure the success of the conference, and WHEREAS, The City of Carlsbad has received proposals from several qualified and organizational development firms describing a variety of approaches to the delivery of the required services, and WHEREAS, After considering all proposals, the services described by Integrated Change Strategies has been determined to best meet the needs of the City, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA that the Mayor is hereby authorized to execute the attached agreement between the City of Carlsbad and Integrated Change Strategies for the development and delivery of a Futuring Conference. 3 L 4 - 6 7 8 5 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED THIS 6th DAY OF March ,2001, BY THE FOLLOWING VOTE TO WIT: AYES: NOES: ABSENT: ABSTAIN: Council Members Lewis, Kulchin, Finnila, Nygaard and Hall. None. None. None. ATTEST: age 2 of 2 of Resolution No. 2001-69 -2- AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into as of the 9TH day of March ,2001 , by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and Integrated Change Strategies, a sole proprietorship, hereinafter referred to as “Consultant.” RECITALS City requires the services of an Organizational Development Consultant to provide the necessary services for preparation, design and delivery of a futuring conference, as described in the request for proposal attached as exhibit A; and Consultant possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Consultant agree as follows: 1. CONSULTANT’S OBLIGATIONS a) b) Cl Facilitate and guide the planning committee in the co-creation, co- design and logistics of a two-day Futuring Conference; Act as principal facilitators for the two-day Futuring Conference; At the completion of the Futuring Conference, prepare a written summary of the Futuring Conference events, actions and results for presentation to the Planning Committee. -l- rev. 6/l 100 2. CITY OBLIGATIONS The City shall: 4 Provide a staff liaison to work with Consultant as the principal contact and representative of the Planning Committee. W Create and staff a Planning Committee to work with Consultant in the creation, design, logistics and delivery of the Futuring Conference. C) Provide a facility that meets with the approval of Consultant and the Planning Committee, logistical support, and supplies necessary for the delivery of the two-day Futuring Conference. 3. FEES TO BE PAID TO CONSULTANT The total fee payable for the services to be performed shall not exceed $30,312.00. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 6, “Changes in Work I‘. The amount due under this agreement shall be paid to Consultant as follows: 4 Consultant may bill City for up to $9,100.00 upon signing of this agreement. W Consultant may bill City for up to $12,100.00 upon completion of the Futuring Conference. Cl Consultant may bill City for up to $9,112.00 or the remaining balance due under this agreement upon presentation and acceptance by the Planning Committee of a written report summarizing the results of the Futuring Conference. -2- rev. 6/l /OO d) Consultant may bill for out-of-pocket expenses in an amount not to exceed a contract total of $2,500.00 as such expenses are incurred. Out-of-pocket expenses in excess of this amount may be reimbursed if the expenditure of said funds is approved in advance by the Planning Committee. 4. DURATION OF CONTRACT This agreement shall extend for a period of not more than one year from date thereof. The contract may be extended by the City Manager for up to one (1) additional one (1) year period, based upon a review of satisfactory performance and the City’s needs. The parties shall prepare extensions in writing indicating the effective date and length of the extended contract. 5. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Consultant within 30 days of receipt of the invoice. 6. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Consultant or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Consultant or the City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City by Consultant to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by the City and approved by the City according to the procedures described in Carlsbad -3- rev. 6/l 100 4 Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. 7. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant 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, the City shall 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 such fee, commission, percentage, brokerage fees, gift, or contingent fee. 8. ANTI-DISCRIMINATION AND ANTI-HARASSMENT CLAUSE The Consultant shall comply with all applicable state and federal laws and regulations prohibiting discrimination and harassment. 9. TERMINATION OF CONTRACT In the event of the Consultant’s failure to prosecute, deliver, or perform the work as provided for in this contract, the City Manager may terminate this contract for nonperformance by notifying the Consultant by certified mail of the termination of the Consultant. The Consultant, thereupon, has five (5) working days to deliver all documents owned by the City and all work in progress to the Administrative Services Director. The Administrative Services Director shall make a determination of fact based upon the documents delivered to City of the percentage of work that the Consultant has -4- rev. 6/l /OO R performed which is usable and of worth to the City in having the contract completed. Based upon that finding as reported to the City Manager, the City Manager shall determine the final payment of the contract. This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Consultant shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Consultant shall be paid for work performed to the termination date; however, the total shall not exceed the total fee payable under paragraph 3. The City Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. IO. CLAIMS AND LAWSUITS The Consultant agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Consultant acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Consultant may be subject to criminal prosecution. The Consultant acknowledges that California Government Code sections 12650 et seq., the False Claims Act, 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 information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The Consultant acknowledges that the filing of -5- rev. 6/l /OO a false claim may subject the Consultant to an administrative debarment proceeding wherein the Consultant may be prevented to act as a Consultant on any City project for a period of up to five years. The Consultant acknowledges debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Consultant from the selection process. &L+itial) (Initial) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. wiitial) (Initial) 11. JURISDICTION The Consultant agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 12. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant’s own way as an independent contractor and in pursuit of Consultant’s independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons used by the Consultant to provide services under this agreement shall not be considered employees of the City for any purposes whatsoever. The Consultant is an independent contractor of the City. The payment made to the Consultant pursuant to the contract shall be the full and complete compensation to which the Consultant is entitled. The City shall not make any federal or state tax -6- rev. 6/l /OO withholdings on behalf of the Consultant or its employees or sub contractors. The City shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Consultant or its employees or sub contractors. The Consultant agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City may be required to make on behalf of the Consultant or any employee or sub contractors of the Consultant for work done under this agreement or such indemnification amount may be deducted by the City from any balance owing to the Consultant. The Consultant shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, sub contractors and Consultants that are included in this agreement. 13. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all final reports to conform to all applicable requirements of law: federal, state and local. Consultant agrees to allow City or its designated representative to monitor, audit, review, and examine the methods, procedures, and results of Consultant. 14. HOLD HARMLESS AGREEMENT Consultant agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or -7- rev. 611 /OO omission of the Consultant, any sub contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad. Consultant shall at its own expense, upon written request by the such suit or action brought against the City, its officers, officials, volunteers. Consultant’s indemnification of City shall not be limited subsequent declaration by the Consultant. 15. ASSIGNMENT OF CONTRACT City, defend any employees and by any prior or The Consultant shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 16. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant’s sub contractors and of the persons either directly or indirectly employed by the sub contractors, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this contract shall create any contractual relationship between any sub contractor of Consultant and the City. The Consultant shall bind every sub contractor and every sub contractor of a sub contractor by the terms of this contract applicable to Consultant’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. -8- rev. 6/l /OO 17. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 18. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Consultant to any additional payment whatsoever under the terms of this contract. 19. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 14, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 20. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. -9- rev. 6/l /OO 21. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and the City’s conflict of interest code, that the Consultant will not be required to file a conflict of interest statement as a requirement of this agreement. However, Consultant hereby acknowledges that Consultant has the legal responsibility for complying with the Political Reform Act and nothing in this agreement releases Consultant from this responsibility. 22. INSURANCE The Consultant shall obtain and maintain for the duration of the contract 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 work hereunder by the Consultant, its agents, representatives, employees or sub contractors. Said insurance shall 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-Y and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. A. Coveraqes and Limits. Consultant shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $300,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply -lO- rev. 6/l /OO separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for Consultant’s work for the City). $300,000 combined single-limit per accident for bodily injury and property damage. 3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation limits as required by the Labor Code of the State of California and Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury. B. Additional Provisions Consultant shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions: 1. The City shall be named as an additional insured on all policies excluding Workers’ Compensation. 2. The Consultant shall furnish certificates of insurance to the City before commencement of work. 3. The Consultant shall obtain occurrence coverage which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the Consultant fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the Consultant in breach, or may purchase replacement insurance or pay the premiums that are due on existing -ll- rev. 6/l /OO policies in order that the required coverages may be maintained. The Consultant is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the Consultant or deduct the amount paid from any sums due the Consultant under this agreement. 23. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Consultant in connection with the foregoing are as follows: For City: For Consultant: Title: Administrative Services Director Title: Name: James F. Elliott Name: Eda L. Crosby Address: 1635 Faradav Ave Address: 4411 Salisbury Dr. Carlsbad Ca, 92008 Carlsbad, CA 92008 24. BUSINESS LICENSE Consultant shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 25. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, along with the request for proposal and the purchase order for this contract and their provisions, embody the entire agreement and understanding between the parties relating to the subject matter hereof. In the event of any inconsistency between or among the documents, the inconsistency is to be resolved in the following descending order of precedence: (1) this agreement; -12- rev. 6/l /OO (2) the request for proposal attached as exhibit A; and (3) the purchase order. . Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Consultant this 23/z& day of ,200) By: (sign here) (print name/title) (Proper notarial acknowledgment of execution by Consultant must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. 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: RONALD R. BALL, City Attorney . BY: /?? /. ‘%%+ Deputy City Attorney - 13- rev. 6/l/00 /7 State of California County of San Diego On 2123101 Date personally appeared , before me, Nancy Miller, Notary Public 8 Name and Title of Officer (e.g., “Jane Doe, Notary Public”) E&L f!- c CrdsbL4 Name(s) of &r(s) Cl personally known to me wproved to me on the basis of satisfactory evidence to be the person@ whose named@a&& subscribed to the within instrument and acknowledged to me that&e@i&y executed the same in %3@/t&eir authorized capacity@&), and that by -Mr signaturew on the instrument the person#), or the entity upon behalf of which the person(g)’ acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above 3 S&.pture of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Agreement for Professional Services Document Date: _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: q Individual cl Corporate Officer - Title(s): 0 Partner - 0 Limited Cl General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1997 Nabonal Notary Association * 9350 De Soto Ave. P.O. Box 2402 - Chatsworth. CA 91313.2402 Prod. No. 5907 Reorder. Call Toll-Free l-800-8766827 . FUTURING CONFERENCE II CITY OF CAFUBAD, CALIFORNIA Request for Proposal October 24,200O For Organization & Facilita$ion of a Futuring Conference for the City of Carlsbad Municipal Corporation Backmound $ :*:s c a ‘4 .,. i In March 1996,120 employees representative of the City of Carlsbad participated in a 2-day Futuring Conference which produced statements of organization Mission, Values and Vision and a consensus on six Strategic Initiatives that would move the City toward its envisioned future in the year 2001. In the five years since the Conference, cross-sectional employee teams have designed and helped implement programs and processes realizing many, if not most, of the objectives envisioned for the six Strategic Initiatives. In addition, the City has implemented goal-focused performance management and compensation and begun to put in place a new performance measurement system. On the eve of 200 1, the milestone envisioned by the 1996 conferees, a consensus has emerged within the City organization to convene a second Futuring Conference focusing on the next five years within the first quarter of the new calendar year. Two managers, who share presentation of the Conference as one of their annual goals and a cross-sectional group of employees drawn from the City’s five Major Service Areas, will partner with the external resources in the design and rollout of the conference. Although the first Conference design was very successful, the City does not wish to repeat it without considering other alternatives for the 2001 event. Rewest for Prouosal S-$! 3 The City of Carl&ad is inviting qualified parties to submit proposals for the design and facilitation of Futuring Conference I. to be held in the first quarter of calendar year 200 1. Designs proposed should address the following:. . /9 Goals of the Conference l Reaffirm the Mission, Values & Vision l Acknowledge and celebrate the accomplishments of the past five years l Translate the Vision, Mission & Values into a vivid portrait of Carlsbad in 2006 l Define strategies to sustain and/or accelerate the City’s movement toward its envisioned future Goalsfor the Conference Process l Reinforce and expand Carlsbad’s participatory culture l Expand employee investment in the City’s Service Mission. No other design parameters are being prescribed at this time. Proposals should specify recommendations for conference duration and number of participants and identify significant resource requirements, including contractor fees, and the expected division of labor between the contracting party and the City. A sample of the Agreement for Professional Services that the City will require to be executed in order to initiate this engagement is attached for reference. Also supplied is information from the 1996 Futuring Conference. For further information, please contact Marilyn Strong at (760) 434-2830 or Cindee Hollingsworth at (760) 434-282 1 Interested parties should submit their proposals on or before November 24,200O to: City Manager City of Carl&ad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 Enc: Sample contract 1996 Conference Outline