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HomeMy WebLinkAboutUniversity of Massachusetts Global; 2023-06-08;City Attorney Approved Version 12/28/2022 1 AGREEMENT FOR COACHING, TRAINING AND ORGANIZATION DEVELOPMENT SERVICES UNIVERSITY OF MASSACHUSETTS GLOBAL THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 20___, by and between the City of Carlsbad, California, a municipal corporation, ("City"), and the University of Massachusetts Global, a non-profit California corporation, ("Contractor") for Coaching, Training and Organization Development Services. RECITALS A. City requires the professional services of a consultant that is experienced in coaching and training employees and providing other organizational development services. B. Contractor has the necessary experience in providing professional services and advice related to employee development and organizational 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 five (5) years from the date first above written. 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 in an amount not to exceed forty thousand dollars ($40,000) per Agreement year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 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". 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 DocuSign Envelope ID: C409B78A-459C-43A5-AD7C-98B09BB57C0A 23 8th June City Attorney Approved Version 12/28/2022 2 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 defend, indemnify, and hold harmless the City and its officers, officials, employees and volunteers from and against all third party 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 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 “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. DocuSign Envelope ID: C409B78A-459C-43A5-AD7C-98B09BB57C0A City Attorney Approved Version 12/28/2022 3 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 (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required 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 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. DocuSign Envelope ID: C409B78A-459C-43A5-AD7C-98B09BB57C0A City Attorney Approved Version 12/28/2022 4 11. 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. 12. OWNERSHIP OF DOCUMENTS 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. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 14. 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 For Contractor Name Emily Guinaugh Name Reagan Forlenzo Title Sr HR Officer Title Director of Corporate Training Department Human Resources Address 16355 Laguna Canyon Road City of Carlsbad Irvine, CA 92618 Address 1635 Faraday Avenue Phone No. 949-383-3303 Carlsbad, CA 92008 Email rforlenz@umassglobal.edu Phone No. 760-621-1222 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. 15. 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 No 16. 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. DocuSign Envelope ID: C409B78A-459C-43A5-AD7C-98B09BB57C0A □ ■ City Attorney Approved Version 12/28/2022 5 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. 17. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 18. 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. 19. 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. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering 30 days written notice to City. In the event of termination of this Agreement by either party 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. 20. 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. DocuSign Envelope ID: C409B78A-459C-43A5-AD7C-98B09BB57C0A City Attorney Approved Version 12/28/2022 6 21. 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 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. 22. 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. 23. 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. 24. 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. /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: C409B78A-459C-43A5-AD7C-98B09BB57C0A City Attorney Approved Version 12/28/2022 7 25. 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 CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Judy Von Kalinowski Human Resources Director Dr. David Andrews, President david.andrews@umassglobal.edu (print name/title) ATTEST: By: (sign here) SHERRY FREISINGER Phillip Doolittle, CFO phillip.doolittle@umassglobal.edu City Clerk (print name/title) 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 Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: C409B78A-459C-43A5-AD7C-98B09BB57C0A City Attorney Approved Version 12/28/2022 8 EXHIBIT “A” SCOPE OF SERVICES I. Services For the purpose of maintaining a highly engaged and talented workforce delivering on the City’s mission, vision and values, under the direction of the Human Resources Director or his/her designee, Contractor will provide the following services on an as needed basis: A. Professional Coaching Contractor will provide employee development coaching for city employees to include: • Identifying city/department/team goals and priorities related to the employee’s development; • Identifying the employee’s development needs and creating a plan to address those needs; • Developing customized coaching plans to include the employee’s development goals, milestones and performance measures to gauge success; • Providing one on one sessions in person at a City of Carlsbad facility and by phone/web chat; • Developing the employee’s ability to coach their direct reports and be an effective supervisor; • Conducting quarterly check-ins with the employee’s supervisor and with the HR project manager to review progress and discuss needs for services other than coaching as outlined below in the section titled “Other;” and • Assessing results and making recommendations for future or ongoing employee development. Contractor will provide the city with a list of available coaches along with a brief summary of their background, experience and contact information (name, phone number, e-mail address, location (city/state)). The city will determine the process for selecting which coach to use for each coaching assignment and will have final determination on the selection of each coach. The city may, at any time during the coaching assignment, with at least two weeks prior notice to Contractor, select a different coach for the assignment. B. Training Contractor will develop curriculum for and/or deliver employee development training to include: • One-on-one, small group (less than 10), mid-size (10 to 30) and large group (30 to 75) sessions held at City of Carlsbad facilities • Teaching methods tailored to the learning styles and needs of each group • Train the trainer sessions that enable HR staff and contractors to effectively deliver specific training to align with city employee development goals Specific training needs to be provided by the HR director or his/her designee. DocuSign Envelope ID: C409B78A-459C-43A5-AD7C-98B09BB57C0A City Attorney Approved Version 12/28/2022 9 C. Other During the coaching assignment, related needs may arise, including, but not limited to: • Team alignment and development; • Workforce planning; • Succession planning; • Organizational development; and • Classification and compensation. Contractor will note these issues during quarterly progress reports with the HR project manager and department director/designee so a coordinated strategy can be developed. Contractor will not pursue strategies to address these related needs without prior approval from the HR project manager. D. Online Leadership Certificates Contractor will provide online leadership certificate programs as requested by the city. Contractor offers 6 online, self-paced leadership certificates developed by its subject matter experts and instructional designers. The leadership certificates can be used for individuals to develop skills in a particular area or by a cohort based on their level within the organization. These certificates may be used as a method to onboard new managers prior to their next leadership development program with Contractor. Contractor online leadership certificate programs include the following features: 1. Expert Instructor: Competencies are taught by an expert instructor with real- world experience. Students submit learning activities to the instructor who provides relevant feedback. Students can ask for help as needed and receive real-time feedback that allows for additional reflection. 2. Course Structure: Each competency features interactive assignments and authentic assessments. Learning activities include videos, current articles, case studies and personal reflection writing. The competency culminates in a final assessment where the instructor determines if the student has mastered the competency. 3. Active Learning: We encourage an active learning community through peer-to- peer learning by utilizing the in-platform discussion board. Students share their ideas and insights as well as learn best practices from students working in different organizations or industries. Popular posts can be voted up to appear at the top of the feed. 4. Case Studies: Students connect course content to the workplace using real-world case studies. One thing that sets our certificates apart is our ability to customize the case studies. If we have a cohort from the same industry or organization, we can customize the case studies within the certificate competencies to best reflect situations students will experience on the job. 5. Accessible: All course material is completely online and included in the tuition. Students are not required to purchase additional materials or pay separate fees to access their course. DocuSign Envelope ID: C409B78A-459C-43A5-AD7C-98B09BB57C0A City Attorney Approved Version 12/28/2022 10 Contractor online leadership certificate programs includes the following certificates: 1. Leadership Core Certificate For organizations to grow and be successful, they need skilled leaders who can confidently lead others, while helping the organization achieve their goals and objectives. The Leadership Core Certificate provides leaders with skills and knowledge that are necessary to be successful in leading others, while increasing their own self‐awareness and ultimately becoming a better leader. This certificate includes six competencies: • Self‐Management • Conflict Resolution • Emotional Intelligence • Performance Management • Effective Communication • Unconscious Bias 2. Leadership Transformation Certificate Effective leaders know they cannot achieve extraordinary results on their own. They must also lead a team while developing their own skills and creating an environment that fosters growth, creativity, and innovation. The Leadership Transformation Certificate will help students build skills to lead effective teams, while expanding their own skill set at becoming a more effective leader. This certificate includes six competencies: • Employee Engagement • Effective Delegation • Team Development • Leading Change • Giving and Receiving Effective Feedback • Coaching Fundamentals 3. New Manager Certificate Becoming a new manager can be both rewarding and challenging at the same time. A new manager will need to acquire a new set of skills to be successful in this new role. The New Manager Certificate provides students with essential skills needed to lead others, while learning about their own management style. To help navigate through this new and exciting challenge, this certificate includes six competencies: • Self‐Management • Peer to Manager Transition • Effective Communication • Giving and Receiving Effective Feedback • Conflict Resolution • Human Resources Fundamentals 4. Coaching for Leaders Certificate Coaching allows individuals to realize greater self‐awareness, learn from their experiences and initiate action that contributes to personal growth and higher performance. Implementing best practice coaching skills helps build capacity and DocuSign Envelope ID: C409B78A-459C-43A5-AD7C-98B09BB57C0A City Attorney Approved Version 12/28/2022 11 increases the potential of individuals, teams, and organizations. Whether you are formally coaching executives or using these skills to help develop your direct reports, the Coaching for Leaders Certificate provides a strong foundation to learn and apply effective coaching skills. The certificate includes three competencies: • Coaching Fundamentals • Emotional Intelligence • Giving and Receiving Effective Feedback 5. Leading Teams Certificate A strong team increases productivity, effectiveness, employee satisfaction and contributes to the overall success of the organization. Team leaders are not only responsible for their own performance, but also must navigate the dynamics and performance of their team. The Leading Teams Certificate includes three competencies: • Team Development • Conflict Resolution • Effective Communication 6. Fundamentals of Communication Certificate Communication is arguably the most important skill that anyone can develop. Effective communication is more than just an exchange of ideas and information. It involves the ability to clearly convey a message, be an effective listener and identify the underlying emotions and intentions behind the information. The Fundamentals of Communication Certificate includes four competencies: • Effective Communication • Conflict Resolution • Emotional Intelligence • Giving and Receiving Effective Feedback 7. Leadership and Business Competencies Since the certificate is competency-based, students with prior knowledge of a topic can move through faster than students with little to no knowledge of a topic. Although individual student time may vary, the estimated hours to complete each competency is listed below. Competency Estimated Completion Time 1. Self-Management 8.5 hours 2. Emotional Intelligence 7 hours 3. Effective Communication 8 hours 4. Conflict Resolution 7 hours 5. Performance Management 7.5 hours DocuSign Envelope ID: C409B78A-459C-43A5-AD7C-98B09BB57C0A City Attorney Approved Version 12/28/2022 12 6. Unconscious Bias 5 hours 7. Giving & Receiving Feedback 6 hours 8. Peer to Manager Transition 7.5 hours 9. Employee Engagement 8 hours 10. Coaching Fundamentals 7.5 hours 11. Effective Delegation 6 hours 12. Team Development 8 hours 13. Leading Change 7.5 hours 14. Servant Leadership 5 hours 15. Business Writing 4 hours 16. HR Fundamentals 8 hours Flexibility and Customization Our flexibility and level of customization are what sets UMass Global’s custom certificates apart. We can meet our clients’ needs and achieve desired student outcomes through customized program design elements. Some of the program design elements that can be customized include: • Specific competencies included in a certificate • Organization or industry-specific case studies • Customization to industry verbiage • Access time to content • Cohorts with specific start dates • Paced delivery of competencies • Content-specific synchronous sessions • Instructor virtual office hours • Individual student activation sessions • Customized communication plan • Bulk cohort registration and payment process II. Fees Staff Person Title/Role Service Provided Rate Rate Type Coach Individual Coaching: Live, Virtual $300 Per hour Coach Individual Coaching: In-person $325 Per hour Instructor Training Delivery: Live, Virtual $550 Per hour Instructor Training Delivery: In-person $600 Per hour (2 hour minimum) Subject Matter Expert Curriculum Development $200 Per hour DocuSign Envelope ID: C409B78A-459C-43A5-AD7C-98B09BB57C0A City Attorney Approved Version 12/28/2022 13 Service To Be Provided Price Description Leadership Certificates: • Leadership Core • Leadership Transformation • New Manager $800 per person • Approximately 45 hours • 6 months to complete • Earns 3 Graduate Level Professional Development Credits (PDUs) • No additional materials required Leadership Certificates: • Coaching for Leaders • Leading Teams • Fundamentals of Communication $450 per person • Approximately 25 hours • 6 months to complete • Earns 1.5 Graduate Level Professional Development Credits (PDUs) • No additional materials required Leadership Certificate(s): • Customized for the City $450-$1,100 per person • Price is dependent on number of topics, customization requirements, and access time Materials, if any, will be invoiced at cost III. Invoices Invoices will be sent monthly and will itemize costs per service to include a brief description of the service, the name of the person receiving the service, dates of service, number of hours spent on the service, hourly rate per service. Invoices will be emailed to emily.guinaugh@carlsbadca.gov. IV. Contractor Reimbursement A. Travel within the City of Carlsbad Travel expenses will be pre-approved by the city. Mileage within the City of Carlsbad or other designated locations for the purposes of providing services will be reimbursed based on current IRS rates. If the Contractor is required to travel to city facilities from outside a radius of 100 miles of the city facility, reimbursement for travel expenses will be paid according to the guidelines below. B. Transportation Contractor may submit receipts for the actual cost of transportation if travel. Use of air, train, private automobile, or other mode of public transportation shall be selected on the basis of the least total cost to the city after all expense items are tabulated. C. Lodging Lodging shall be obtained at the most economical rate available for good quality lodging. Any additional expenses beyond those required for the Contractor must be paid by the Contractor. D. Meals and Incidental Expenses Contractor may submit receipts for the actual cost of meals, tips and incidental expenses for reimbursement up to a limit of $70 per day. The city will not reimburse the cost of alcoholic beverages. DocuSign Envelope ID: C409B78A-459C-43A5-AD7C-98B09BB57C0A DocuSign Envelope ID: C409B78A-459C-43A5-AD7C-98B098B57C0A ~ ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 6/1/2024 6/5/2023 THIS CERTIFICATE IS 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 IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Insurance Brokers, LLC CONTACT NAME: 777 S. Figueroa Street, 52nd Fl. PHONE I FAX IA/C No Extl: IA/C Nol: CA License #0F15767 E-MAIL Los Angeles CA 90017 ADDRESS: (213) 689-0065 INSURER/SI AFFORDING COVERAGE NAIC# 1NsuRER A : Zenith Insurance Comoanv 13269 INSURED University of Massachusetts Global INSURERB: 1446792 16355 Laguna Canyon Drive INSURERC: Irvine CA 92618 INSURERD: INSURERE : INSURERF : COVERAGES BRAUN0l CERTIFICATE NUMBER: 15389428 REVISION NUMBER: xxxxxxx 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,.,.,n ••n,n POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI LIMITS COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE $ xxxxxxx f--D CLAIMS-MADE □ OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ xxxxxxx f--MED EXP (Any one person) $ xxxxxxx PERSONAL & ADV INJURY $ xxxxxxx ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ xxxxxxx Fl □PRO-D Loc PRODUCTS • COMP/OP AGG $ xxxxxxx POLICY JECT OTHER: $ AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT $ xxxxxxx IEa accident\ f-- ANY AUTO BODILY INJURY (Per person) $ xxxxxxx f--OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ xxxxxxx f--AUTOS ONLY f--AUTOS HIRED NON-OWNED iP~?~~c~Je':igAMAGE $ xxxxxxx f--AUTOS ONLY f--AUTOS ONLY $ xxxxxxx UMBRELLA LIAB H OCCUR NOT APPLICABLE EACH OCCURRENCE $ xxxxxxx f-- EXCESS LIAB CLAIMS-MADE AGGREGATE $ xxxxxxx DED I I RETENTION $ $ xxxxxxx WORKERS COMPENSATION N I PER I I OTH-A Mll71209 6/1/2023 6/1/2024 X STATUTE ER AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE Cm E.L. EACH ACCIDENT $ 1.000 000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE • EA EMPLOYEE $ 1.000 000 If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1.000 000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Professional Services Agreement-City of Carlsbad CERTIFICATE HOLDER 15389428 City of Carlsbad Attn: Debbie Porter 1635 Faraday Ave Carlsbad CA 92008 ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPR The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: C409B78A-459C-43A5-AD7C-98B098B57C0A ~ ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 9/1/2023 9/2/2022 THIS CERTIFICATE IS 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 IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Insurance Brokers, LLC CONTACT NAME: 777 S. Figueroa Street, 52nd Fl. PHONE I FAX IA/C No Extl: IA/C Nol: CA License #0F15767 E-MAIL Los Angeles CA 90017 ADDRESS: (213) 689-0065 INSURER/SI AFFORDING COVERAGE NAIC# 1NsuRER A : Federal Insurance Comnanv 20281 INSURED University of Massachusetts Global INSURER B : United Educators Ins, a Reciprocal Risk Retention G1 oup 10020 1434582 16355 Laguna Canyon Drive INSURERC: Irvine CA 92618 INSURERD: INSURERE : INSURERF: COVERAGES BRAUN0l CERTIFICATE NUMBER: 15369579 REVISION NUMBER: xxxxxxx 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,.,.,n ••n,n POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI LIMITS B X COMMERCIAL GENERAL LIABILITY y N A06-06Z 9/1/2022 9/1/2023 EACH OCCURRENCE $ 1.000 000 D CLAIMS-MADE [i] OCCUR DAMAGE TO RENTED s 1,000,000 PREMISES (Ea occurrence) f--MED EXP (Any one person) s 5.000 PERSONAL & ADV INJURY ~ s 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 3.000 000 Fl □PRO-D Loc PRODUCTS • COMP/OP AGG s Included POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY N N 7359-93-78 9/1/2022 9/1/2023 COMBINED SINGLE LIMIT s 1.000 000 IEa accident\ f-- X ANY AUTO BODILY INJURY (Per person) $ xxxxxxx f--OWNED ~ SCHEDULED X AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ xxxxxxx f--f-- X HIRED NON-OWNED iP~?~~c~Je':igAMAGE $ xxxxxxx AUTOS ONLY f--AUTOS ONLY X Como: $1.00C X Coll: $1 000 $ xxxxxxx UMBRELLA LIAB H OCCUR NOT APPLICABLE EACH OCCURRENCE $ xxxxxxx f-- EXCESS LIAB CLAIMS-MADE AGGREGATE $ xxxxxxx DED I I RETENTION $ $ xxxxxxx WORKERS COMPENSATION NOT APPLICABLE I PER I I OTH-STATUTE ER AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ xxxxxxx OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE • EA EMPLOYEE $ xxxxxxx If yes, describe under E.L. DISEASE -POLICY LIMIT $ xxxxxxx DESCRIPTION OF OPERATIONS below B Licensed Professional N N A06-06Z 9/1/2022 9/1/2023 Limit: $1,000,000 per claim Liability Aggregate $3,000,000 agg Deductible $25,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Professional Services Agreement-City of Carlsbad. City of Carlsbad is an Additional Insured to the extent provided by the policy language or endorsement issued or approved by the insurance carrier. Insurance provided to Additional Insured( s) is primary and non-contributory as per the attached endorsements or policy language. CERTIFICATE HOLDER 15369579 City of Carlsbad 1635 Faraday Ave Carlsbad CA 92008 ACORD 25 (2016/03) CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPR The ACORD name and logo are registered marks of ACORD Policy Number AO6-06Z DocuSign Envelope ID: C409878A-459C-43A5-AD7C-98809BB57C0A Attachment Code: D537507 Certificate ID: 15369579 UNITED EDUCATORS' ADDITIONAL INSURED Insured Means: d. any person or organization to whom any Included Entity is obligated by virtue of a contract or agreement to provide liability insurance such as is afforded by this Policy, but only (1) to the extent of such obligation; (2)for the operations (other than insurance operations) by or on behalf of that Included Entity or operation of facilities of that Included Entity or use of facilities by that Included Entity; and (3) if the contract or agreement is made prior to a covered Occurrence. CGL2008 of 1 Page 1 DocuSign Envelope ID: C409878A-459C-43A5-AD7C-98809BB57C0A Attachment Code: D537505 Certificate ID: 15369579 University of Massachusetts Global 9/1/2022 Policy Number: AO6-06Z OTHER INSURANCE (Blanket Contractual Exception) Effective: In consideration of the premium charged and subject to all other provisions of this Policy, we agree with the Educational Organization that Paragraph 25. of this Policy is amended to read: 25. This Policy is a primary Policy of insurance. However, this Policy shall be excess over any other valid and collectable primary insurance that applies to an Occurrence covered by this Policy, including such insurance naming the Insured as an "additional insured" and, with respect to the limited coverage provided by paragraphs 1 0.e.(1) and 1 0.m.(1 )(b ), any domestic or foreign Automobile liability insurance policy, and nothing in this Policy shall be construed to require this Policy to contribute with, or subject this Policy to the terms, conditions or limits of, such other insurance. In addition, this Policy shall always be excess over any other insurance that names any Insured as an "additional insured:" a. if such insurance is also written on an excess basis, we agree with the Insured that this Policy is excess over such insurance; and, b. we shall not share in paying Loss with that other insurance on any basis including but not limited to the ratio of the Limit of Liability of this Policy and the limit of liability of the policy providing "additional insured" coverage. Exception: If, pursuant to Paragraph d. of the Definition of Insured, the Educational Organization has agreed by contract, and only to the extent of such contractual obligation, we agree that this Policy shall be a primary policy, and any insurance maintained by such Insured will be excess of this Policy and shall not be called upon to contribute with it. All other Policy provisions remain the same. CGL636X 6/1/2008 United Educators Insurance, a Reciprocal Risk Retention Group Version Date: 1/27/2016