7870 - Contract Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 5CF56296-8166-4038-A171-B4B5042EAC30
COOP
Cori Power
Citywide EAM Consolidation Assessment
Not Applicable
7870
FEBRUARY 15, 2022
FEBRUARY 15, 2024
22-295
City of Denton, Texas Contract 7870
Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18
Page 1 of 20
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTING SERVICES
FILE 7870
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT (the “Agreement”) is made and entered into on
________________________, by and between the City of Denton, Texas, a Texas municipal
corporation, with its principal office at 215 East McKinney Street, Denton, Denton County,
Texas 76201, hereinafter called “OWNER” and Berry, Dunn, McNeil & Parker, LLC, dba
Berry Dunn , with its corporate office at 2211 Congress Street, Portland, ME 04102 ,
hereinafter called “CONSULTANT,” acting herein, by and through their duly authorized
representatives.
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE I
CONSULTANT AS INDEPENDENT CONTRACTOR
The OWNER has selected CONSULTANT on the basis of demonstrated competence and
qualifications to perform the services herein described for a fair and reasonable price pursuant to
Chapter 2254 of the Texas Government Code. The OWNER hereby contracts with the
CONSULTANT as an independent contractor and not as an employee, and as such, the OWNER
will not assert control over the day-to-day operations of the CONSULTANT. The
CONSULTANT is customarily engaged to provide services as described herein independently
and on a nonexclusive basis in the course of its business. This Agreement does not in any way
constitute a joint venture between OWNER and CONSULTANT. The CONSULTANT hereby
agrees to perform the services described herein based on the skills required for the scope of work
in connection with the Project as stated in the sections to follow, with diligence and in
accordance with the highest professional standards customarily obtained for such services in the
State of Texas. The professional services set out herein are in connection with the following
described project:
The Project shall include, without limitation, Citywide EAM Consolidation Assessment,
as described in Exhibit B, which is on file at the purchasing office and incorporated
herein (the “Project”).
ARTICLE II
SCOPE OF BASIC SERVICES
The CONSULTANT shall perform the following services in a professional manner:
A. The CONSULTANT shall perform all those services as necessary and as described in
The Interlocal Purchasing System (TIPS) Cooperative Program Contract #200105 –
DocuSign Envelope ID: 5CF56296-8166-4038-A171-B4B5042EAC30
02/15/2022
City of Denton, Texas Contract 7870
Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18
Page 2 of 20
Technology Solutions, Products and Services, which is on file at the purchasing office
and made a part hereof as Exhibit A as if written word for word herein.
B. To perform all those services set forth in CONSULTANT’s proposal, which proposal is
attached hereto and made a part hereof as Exhibit B as if written word for word herein.
C. CONSULTANT shall perform all those services set forth in individual task orders, as
described in Exhibit B, which shall be attached to this Agreement and made a part
hereof.
D. If there is any conflict between the terms of this Agreement and the exhibits attached to
this Agreement, the terms and conditions of this Agreement will control over the terms
and conditions of the attached exhibits or task orders.
ARTICLE III
ADDITIONAL SERVICES
Additional services to be performed by the CONSULTANT, if authorized by the
OWNER, which are not included in the above-described Basic Services, may be negotiated as
needed, per rates included in Exhibit B.
A. Preparing applications and supporting documents for government grants, loans, or
planning advances and providing data for detailed applications.
B. Preparing data and reports for assistance to OWNER in preparation for hearings before
regulatory agencies, courts, arbitration panels or mediator, giving testimony, personally or
by deposition, and preparations therefore before any regulatory agency, court, arbitration
panel or mediator.
C. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration,
dispute review boards, or other legal and/or administrative proceedings in the defense or
prosecution of claims disputes with Contractor(s).
D. Assisting OWNER in the defense or prosecution of litigation in connection with or in
addition to those services contemplated by this AGREEMENT. Such services, if any, shall
be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside
of and in addition to this AGREEMENT.
E. Visits to the site in excess of the number of trips included in Exhibit B.
F. Preparing statements for invoicing or other documentation for billing other than for the
standard invoice for services attached to this professional services agreement.
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City of Denton, Texas Contract 7870
Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18
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ARTICLE IV
TIME OF COMPLETION
CONSULTANT is authorized to commence work under this contract upon execution of this
AGREEMENT. CONSULTANT shall perform and complete its obligations herein in a prompt
and continuous manner, so as to not delay the completion of the Project in accordance with the
schedules as described in Exhibit B. The contract shall remain effective for a period which may
reasonably be required for the completion of the Project, acceptance by an authorized
representative of the OWNER, exhaustion of authorized funds, or termination as provided in this
Agreement, whichever occurs first.
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS:
1. “Subcontract Expense” is defined as expenses incurred by the CONSULTANT in
employment of others in outside firms for services related to this agreement.
2. “Direct Non-Labor Expense” is defined as that expense for any assignment
incurred by the CONSULTANT for supplies, transportation and equipment,
travel, communications, subsistence, and lodging away from home, and similar
incidental expenses in connection with that assignment.
B. BILLING AND PAYMENT: For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost
estimate detail at an hourly rate shown in Exhibit B which is attached hereto and made a
part of this Agreement as if written word for word herein, a total fee, including
reimbursement for direct non-labor expenses not to exceed $99,750.
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its City Manager or his
designee; however, under no circumstances shall any monthly statement for services
exceed the value of the work performed at the time a statement is rendered.
Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory, as reasonably determined by the City Manager or his designee, or which is
not submitted in compliance with the terms of this Agreement. The OWNER shall not be
required to make any payments to the CONSULTANT when the CONSULTANT is in
default under this Agreement.
It is specifically understood and agreed that the CONSULTANT shall not be authorized
to undertake any work pursuant to this Agreement which would require additional
payments by the OWNER for any charge, expense, or reimbursement above the
maximum not to exceed fee as stated, without first having obtained written authorization
from the OWNER. The CONSULTANT shall not proceed to perform the services listed
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City of Denton, Texas Contract 7870
Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18
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in Article III “Additional Services,” without obtaining prior written authorization from
the OWNER.
C. ADDITIONAL SERVICES: For additional services authorized in writing by the
OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of
Charges at an hourly rate shown in Exhibit B. Payments for additional services shall be
due and payable upon submission by the CONSULTANT and approval by the City staff,
and shall be in accordance with subsection B hereof. Statements shall not be submitted
more frequently than monthly.
D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for
services and expenses within thirty (30) days after receipt of the CONSULTANT’s
undisputed statement thereof, the amounts due the CONSULTANT will be paid interest
in accordance with the Texas Government Code 2251.025. Additionally, the
CONSULTANT may, after giving seven (7) days’ written notice to the OWNER,
suspend services under this Agreement until the CONSULTANT has been paid in full all
amounts due for services, expenses, and charges. Nothing herein shall require the
OWNER to pay the late charge if the OWNER reasonably determines that the work is
unsatisfactory, in accordance with this Article V, “Compensation,” there is a bona fide
dispute concerning the amount due, or the invoice was not mailed to the address or in the
form as described in this Agreement. The OWNER will notify CONSULTANT of any
disputes within twenty-one (21) days of receipt of the invoice.
E. Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215
E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the
contract administrator. It is the intention of the City of Denton to make payment on
completed orders within thirty days after receipt of invoice or items; whichever is later,
unless unusual circumstances arise. Invoices must be fully documented as to labor,
materials, and equipment provided, if applicable, and must reference the City of
Denton Purchase Order Number in order to be processed. No payments shall be
made on invoices not listing a Purchase Order Number.
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the
CONSULTANT or any subcontractors or subconsultants.
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT’s
subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and
shall become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this Project, and
OWNER’s use of these documents in other projects shall be at OWNER’s sole risk and expense.
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City of Denton, Texas Contract 7870
Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18
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In the event the OWNER uses any of the information or materials developed pursuant to this
Agreement in another project or for other purposes than specified herein, CONSULTANT is
released from any and all liability relating to their use in that project.
ARTICLE VIII
INDEMNITY AGREEMENT
THE CONSULTANT AGREES, TO THE FULLEST EXTENT PERMITTED BY
LAW, TO INDEMNIFY THE CLIENT AGAINST DAMAGES, LIABILITIES, AND
COSTS ARISING FROM THE NEGLIGENT ACTS OF THE CONTRACTOR IN THE
PERFORMANCE OF PROFESSIONAL SERVICES UNDER THIS AGREEMENT, TO
THE EXTENT THAT THE CONTRACTOR IS RESPONSIBLE FOR SUCH DAMAGES,
LIABILITIES AND COSTS ON A COMPARATIVE BASIS OF FAULT AND
RESPONSIBILITY BETWEEN THE CONTRACTOR AND THE CLIENT. THE
CONTRACTOR SHALL NOT BE OBLIGATED TO INDEMNIFY THE CLIENT FOR
THE CLIENT’S OWN NEGLIGENCE.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties’ defenses, both at
law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
ARTICLE IX
INSURANCE
During the performance of the services under this Agreement, CONSULTANT shall
maintain insurance in compliance with the requirements of Exhibit C which is attached hereto
and made a part of this Agreement as if written word for word herein.
ARTICLE X
ALTERNATIVE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the
dispute to mediation with each party bearing its own costs of mediation. No mediation arising
out of or relating to this Agreement, involving one party’s disagreement may include the other
party to the disagreement without the other’s approval. Mediation will not be a condition
precedent to suit.
ARTICLE XI
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days’ advance written notice to the other party.
B. This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination
will be affected unless the other party is given (1) written notice (delivered by certified
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City of Denton, Texas Contract 7870
Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18
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mail, return receipt requested) of intent to terminate and setting forth the reasons
specifying the non-performance, and not less than fifteen (15) calendar days to cure the
failure; and (2) an opportunity for consultation with the terminating party prior to
termination.
C. If the Agreement is terminated prior to completion of the services to be provided
hereunder, CONSULTANT shall immediately cease all services and shall render a final
bill for services to the OWNER within thirty (30) days after the date of termination. The
OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily
performed and for reimbursable expenses to termination incurred prior to the date of
termination, in accordance with Article V “Compensation.” Should the OWNER
subsequently contract with a new consultant for the continuation of services on the
Project, CONSULTANT shall cooperate in providing information. The CONSULTANT
shall turn over all documents prepared or furnished by CONSULTANT pursuant to this
Agreement to the OWNER on or before the date of termination, but may maintain copies
of such documents for its use.
ARTICLE XII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the
responsibility and liability of the CONSULTANT, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other
work; nor shall such approval be deemed to be an assumption of such responsibility by the
OWNER for any defect in the design or other work prepared by the CONSULTANT, its
employees, subcontractors, agents, and consultants.
ARTICLE XIII
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of seven (7) days’ mailing:
To CONSULTANT: To OWNER:
Berry, Dunn, McNeil & Parker, LLC, City of Denton
dba BerryDunn Purchasing Manager –File 7870
Kevin Price 901B Texas Street
2211 Congress Street Denton, Texas 76201
Portland, ME 04102
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days’ mailing.
ARTICLE XIV
ENTIRE AGREEMENT
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City of Denton, Texas Contract 7870
Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18
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This Agreement and related exhibits constitute the complete and final expression of this
Agreement of the parties, and is intended as a complete and exclusive statement of the terms of
their agreements, and supersedes all prior contemporaneous offers, promises, representations,
negotiations, discussions, communications, and agreements which may have been made in
connection with the subject matter hereof.
ARTICLE XV
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event,
the parties shall reform this Agreement to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision.
ARTICLE XVI
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local laws, rules,
regulations, and ordinances applicable to the work covered hereunder as those laws may now
read or hereinafter be amended.
ARTICLE XVII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, sexual orientation, national origin or
ancestry, age, or physical handicap.
ARTICLE XVIII
PERSONNEL
A. The CONSULTANT represents that it has or will secure, at its own expense, all
personnel required to perform all the services required under this Agreement. Such
personnel shall not be employees or officers of, or have any contractual relations with the
OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or
potential conflict of interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized
and permitted under state and local laws to perform such services.
ARTICLE XIX
ASSIGNABILITY
The CONSULTANT acknowledges that this Agreement is based on the demonstrated
competence and specific qualifications of the CONSULTANT and is therefore personal as to the
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City of Denton, Texas Contract 7870
Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18
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CONSULTANT. Therefore, the CONSULTANT shall not assign any interest in this Agreement,
and shall not transfer any interest in this Agreement (whether by assignment, novation, or
otherwise) without the prior written consent of the OWNER.
ARTICLE XX
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in
writing and duly executed; and the parties further agree that the provisions of this section will not
be waived unless as set forth herein.
ARTICLE XXI
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Agreement:
Exhibit A – The Interlocal Purchasing System (TIPS) Cooperative Program Contract
#200105 – Technology Solutions, Products and Services (on file at the purchasing
office)
Exhibit B – Consultant’s Scope of Services Offer, Project Schedule, and Compensation
Rate Sheet
Exhibit C – Consultant’s Insurance Requirements
Exhibit D - Form CIQ – Conflict of Interest Questionnaire
What is called for by one exhibit shall be as binding as if called for by all. In the event of
an inconsistency or conflict in this Agreement and any of the provisions of the exhibits,
the inconsistency or conflict shall be resolved by giving precedence first to this
Agreement then to the exhibits in the order in which they are listed above.
B. This Agreement shall be governed by, construed, and enforced in accordance with, and
subject to, the laws of the State of Texas or federal law, where applicable, without regard
to the conflict of law principles of any jurisdiction. In the event there shall be any dispute
arising out of the terms and conditions of, or in connection with, this Agreement, the
party seeking relief shall submit such dispute to the District Courts of Denton County or
if federal diversity or subject matter jurisdiction exists, to the United States District Court
for the Eastern District of Texas-Sherman Division.
C. For the purpose of this Agreement, key person who will oversee the performance of the
work hereunder shall be Chad Snow, Principal. However, nothing herein shall limit
CONSULTANT from using other equally qualified and competent members of its firm to
perform the services required herein.
D. CONSULTANT shall commence, carry on, and complete any and all projects with all
applicable dispatch, in a sound, economical, and efficient manner and in accordance with
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City of Denton, Texas Contract 7870
Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18
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the provisions hereof. In accomplishing the projects, CONSULTANT shall take such
steps as are appropriate to ensure that the work involved is properly coordinated with
related work being carried on by the OWNER.
E. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT’s
disposal all available information pertinent to the Project, including previous reports, any
other data relative to the Project, and arranging for the access thereto, and make all
provisions for the CONSULTANT to enter in or upon public and private property as
required for the CONSULTANT to perform services under this Agreement.
F. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
G. The parties agree to transact business electronically. Any statutory requirements that
certain terms be in writing will be satisfied using electronic documents and signing.
Electronic signing of this document will be deemed an original for all legal purposes.
ARTICLE XXII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as
an employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status.
ARTICLE XXIII
RIGHT TO AUDIT
The OWNER shall have the right to audit and make copies of the books, records and
computations pertaining to this agreement. The CONTRACTOR shall retain such books,
records, documents and other evidence pertaining to this agreement during the contract period
and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in
which case records shall be kept until all audit tasks are completed and resolved. These books,
records, documents and other evidence shall be available, within 10 business days of written
request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers,
and other payees to retain all books, records, documents and other evidence pertaining to this
agreement, and to allow the OWNER similar access to those documents. All books and records
will be made available within a 50 mile radius of the City of Denton. The cost of the audit will
be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an
overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs,
must be borne by the CONTRACTOR which must be payable within five business days of
receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract
and shall constitute, in the OWNER’S sole discretion, grounds for termination thereof. Each of
the terms "books", "records", "documents" and "other evidence", as used above, shall be
construed to include drafts and electronic files, even if such drafts or electronic files are
subsequently used to generate or prepare a final printed document.
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ARTICLE XXIV
PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL
Consultant acknowledges that in accordance with Chapter 2270 of the Texas Government Code,
City is prohibited from entering into a contract with a company for goods or services unless the
contract contains a written verification from the company that it: (1) does not boycott Israel; and
(2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and
“company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this agreement, Consultant certifies that Consultant’s signature
provides written verification to the City that Consultant: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the agreement. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
ARTICLE XXV
PROHIBITION ON CONTRACTS WITH COMPANIES DOING BUSINESS WITH
IRAN, SUDAN, OR A FOREIGN TERRORIST ORGANIZATION
Section 2252 of the Texas Government Code restricts CITY from contracting with companies
that do business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement,
Consultant certifies that Consultant’s signature provides written verification to the City that
Consultant, pursuant to Chapter 2252, is not ineligible to enter into this agreement and will
not become ineligible to receive payments under this agreement by doing business with Iran,
Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under
this provision will be considered a material breach.
ARTICLE XXVI
CERTIFICATE OF INTERESTED PARTIES ELECTRONIC FILING
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the
Consultant submits a disclosure of interested parties (Form 1295) to the City at the time the
Consultant submits the signed contract. The Texas Ethics Commission has adopted rules
requiring the business entity to file Form 1295 electronically with the Commission.
Consultant will be required to furnish a Certificate of Interest Parties before the contract is
awarded, in accordance with Government Code 2252.908.
The consultant shall:
1. Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
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Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18
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6. Email the form to purchasing@cityofdenton.com with the contract number in the subject
line. (EX: Contract 1234 – Form 1295)
The OWNER must acknowledge the receipt of the filed Form 1295 not later than the 30th day
after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission’s website within seven business days.
ARTICLE XXVII
PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS
No officer, employee, independent consultant, or elected official of the City who is involved in
the development, evaluation, or decision-making process of the performance of any solicitation
shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as
defined in the City’s Ethic Ordinance 18-757 and in the City Charter chapter 2 article XI(Ethics).
Any willful violation of this section shall constitute impropriety in office, and any officer or
employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any
violation of this provision, with the knowledge, expressed or implied, of the Contractor shall
render the Contract voidable by the City. The Consultant shall complete and submit the City’s
Conflict of Interest Questionnaire.
ARTICLE XXVIII
FORCE MAJEURE
We will endeavor and use commercially reasonable efforts to complete all work contemplated
under this Agreement, However, neither party shall be liable to the other for any failure or delay
of performance of any obligation under this Agreement to the extent such failure or delay shall
have been wholly or principally caused by acts or events beyond its reasonable control rendering
performance illegal or impossible. As used in this section, force majeure means any cause
beyond the reasonable control of a party, including, but not limited to, an act of God, nature, act
of aggression, fire, strike, flood, riot, war, delay of transportation, terrorism, pandemics or other
widespread outbreaks of infectious diseases or inability due to the aforementioned causes to
obtain necessary labor, material, or facilities. The Consultant shall immediately notify the City of
Denton Procurement Manager by telephone (to be confirmed in writing within seven (7) calendar
days of the inception of such occurrence) and describe at a reasonable level of detail the
circumstances causing the non-performance or delay in performance.
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City of Denton, Texas Contract 7870
Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18
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IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement
through its duly authorized undersigned officer on this date______________________.
CONSULTANT
BY:______________________________
AUTHORIZED SIGNATURE
Printed Name:_____________________
Title:____________________________
__________________________________
PHONE NUMBER
_________________________________
EMAIL ADDRESS
___________________________________
TEXAS ETHICS COMMISSION
1295 CERTIFICATE NUMBER
CITY OF DENTON, TEXAS
BY: _____________________________
SARA HENSLEY
INTERIM CITY MANAGER
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: _______________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
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2021-828096
207-541-2379
Kevin Price
Principal
KPrice@berrydunn.com
Chief Technology Officer
Leisha Meine
Technology Services
City of Denton, Texas Contract 7870
Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18
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Exhibit A
The Interlocal Purchasing System (TIPS) Cooperative Program Contract #200105 –
Technology Solutions, Products and Services
(on file at the purchasing office)
DocuSign Envelope ID: 5CF56296-8166-4038-A171-B4B5042EAC30
berrydunn.com
PROPOSAL TO THE
City of Denton, Texas
TO PROVIDE
Enterprise Asset Management
(EAM) System Selection Services
BerryDunn
2211 Congress Street
Portland, ME 04102
207-541-2200
Kevin Price Principal
kprice@berrydunn.com
Alex Kee, Project Manager
akee@berrydunn.com
Proposal Submitted On:
November 18, 2021
Exhibit B
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November 18, 2021
City of Denton
Attn: Leisha Meine, Chief Technology Officer
215 E McKinney Street
Denton, TX 76201
Sent via email to leisha.meine@cityofdenton.com
Dear Ms. Meine:
Thank you for the opportunity to submit this proposal describing how our consulting team may assist the
City of Denton (City) to develop requirements for an enterprise asset management (EAM) system. We
appreciate the time you have taken to discuss the City’s goals for this initiative with our team.
Berry Dunn McNeil & Parker, LLC (BerryDunn) is an independent management and IT consulting and
certified public accounting firm headquartered in Maine and serving clients nationally. We have a
dedicated Local Government Practice Group with a specialized Community Development and Utility
Operations (CDUO) Practice that focuses on supporting local government entities like the City as they
seek to procure modern systems that support services for external partners and community members.
How Our Team Can Help the City
Our project team has extensive experience assisting local governments through the system
selection life cycle. The City can depend on our experience leading every step of the system selection
life cycle, adapting assessment and vendor activities to your needs. We take a holistic approach—our
selection methodologies are informed and updated based on our implementation experience, and vice
versa. We have applied similar selection assistance during engagements with the Cities of Beaverton,
OR; Irving, TX; Frisco, TX; and McKinney, TX
Our team’s focus on local government allows us to give actionable recommendations rooted in
your needs. The City will benefit from BerryDunn’s deep understanding of operations within local
government public works departments, and the systems and business processes, including asset
management and work order functions, required to provide services to internal departments and
constituents. We have gained this understanding through our work with more than 300 government
clients across the country, as well as through our team members’ prior work in various roles across state
and local government.
Thank you again for the chance to present our approach, experience, and desire to work with the City of
Denton. Should you have any questions, or if you would like to discuss this proposal, please do not
hesitate to contact our team directly.
Sincerely,
Kevin Price, MPP, PMP®, Prosci® CCP | Principal
2211 Congress Street | Portland, ME 04102
207-541-2379 | kprice@berrydunn.com
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Table of Contents | i
Table of Contents
1. About BerryDunn .................................................................................................................................... 1
Our Work in Texas .................................................................................................................................... 2
Commitment to Best Practices .............................................................................................................. 2
2. Applicable Experience ............................................................................................................................ 3
Requirements Development and System Selection .................................................................................. 3
3. Project Team ............................................................................................................................................ 7
Roles and Responsibilities ........................................................................................................................ 8
4. Proposed Approach .............................................................................................................................. 10
5. Applied Methodologies ......................................................................................................................... 18
Project Management ............................................................................................................................... 18
Tools and Technology ............................................................................................................................. 18
Change Management .............................................................................................................................. 19
6. Client References .................................................................................................................................. 20
7. Proposed Fees ...................................................................................................................................... 22
Appendix: Team Member Resumes ........................................................................................................ 23
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About BerryDunn | 1
1. About BerryDunn
BerryDunn is a certified public accounting and consulting firm with a Government Consulting Group
dedicated to serving state, local, and quasi-governmental agencies. We are a Limited Liability Company
(LLC) formed in 1974. We have experienced sustained growth throughout our 47-year history.
BerryDunn employs more than 600 staff members and has been providing state and local agencies
across the country IT and management initiatives for 35 years. Our team members bring valuable
perspective from their experiences providing project and systems planning, project management,
business process improvement services, organizational assessments, staffing analyses, and efficiency
consulting services for a range of projects.
BerryDunn’s Consulting Services Group maintains a national presence through engagements with more
than 300 state and local agencies throughout the country. This group is structured to provide
comprehensive support to all levels of the public sector, as illustrated in Figure 1. Our firm’s culture is
centered on a deep understanding of our clients’ commitment to serving the public. We care about what
we do, and we care about the people impacted by our work.
Figure 1: Consulting Services Team Focus
Within our Local Government Practice Group, BerryDunn’s Community Development and Utility
Operations (CDUO) Practice focuses on municipal and county processes and systems related to asset
management, permitting, inspections, planning, code enforcement, land management, and work order
functions. In addition to requirements development and system selections, our CDUO Practice leads
business process review and improvement, fee and cost of service studies, and system implementation
projects.
Of the consultants in the Local Government Practice Group, 75% are prior public-sector employees,
and the consultants proposed on this project are representative of that background, enabling our team to
give the City applicable recommendations.
When conducting systems consulting engagements, we preserve our independence to help ensure that
we work only in the best interest of our clients. This begins with our refusal to have any preferred
vendors. If selected for this project, BerryDunn will work only in the City’s best interests, focusing on
providing recommendations based on your technical and functional requirements and our understanding
of the current system marketplace.
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Our Work in Texas
BerryDunn has a demonstrated commitment to serving public sector clients in the State of Texas (State).
BerryDunn is an established vendor on the Interlocal Purchasing System (TIPS) Technology Solutions,
Products, and Services contract (#200105), and our consultants have experience successfully completing
projects of similar scope and size for clients in the Dallas–Fort Worth Metroplex. We understand the
technology market trends, challenges, and advancements in this fast-growing region.
We have developed a strong understanding of the public sector landscape in the State through recent IT
consulting engagements with the following clients:
City of Allen
City of Arlington
City of Benbrook
City of Burleson
City of Cedar Hill
City of College Station
City of Dallas
City of DeSoto
City of Duncanville
City of Farmers Branch
City of Fort Worth
City of Frisco
City of Garland
City of Grand Prairie
City of Irving
City of Mansfield
City of McKinney
City of Mesquite
City of Midland
City of Pearland
City of Plano
City of Sugar Land
City of Weatherford
Galveston County
Keller Independent
School District
Round Rock
Independent School
District
Texas A&M University
Commitment to Best Practices
Our team members participate in several industry groups and associations to stay abreast of trends, new
ideas, and best practices. Those groups include:
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2. Applicable Experience
Requirements Development and System Selection
In Table 1, we have included a summary of public sector system consulting projects that demonstrate the
breadth of our experience assisting municipal and county governments through similar system selection
engagements. We have worked with departments to understand current development processes,
evaluate business and technical needs, develop system requirements, and provide procurement
assistance, including RFP development, vendor evaluation and selection, and contract negotiation
services. We have also identified the legacy systems used by these clients in order to offer additional
context regarding our experience.
Our proposed project team has vast first-hand experience in working with our municipal clients to develop
RFPs that position evaluation committees to have the necessary information in front of them to fully
evaluate solutions based on the stated criteria. As a core service offering of our Local Government
Practice Group, our specialty is working collaboratively with our clients to craft an RFP that is clearly
understood by our clients and vendors alike, and allows for a fair evaluation process in comparing each
vendor against the stated criteria and not one and the other.
Table 1: Relevant Public Sector System Selection Experience
Client Project Details Legacy System(s)
City of
Alexandria,
Virginia
Our team conducted a needs assessment and replacement
consulting for the City’s land management, plan review,
permitting, and enforcement system. Other project tasks
included as-is business process mapping, system replacement
consulting services, including the definition of functional and
technical requirements, RFP development, and system
selection assistance.
Land Records,
Planning, Licensing,
and Code
Enforcement (Accela
Tidemark)
City of
Beaverton,
Oregon
BerryDunn worked with the City to provide land management
system needs assessment and system selection consulting,
which included a current environment assessment and
recommendations report, requirements and RFP development,
system selection assistance, and contract negotiation
assistance.
Planning, Land
Records, and Site
Development
(Customized System)
City of
Bismarck,
North Dakota
The City partnered with BerryDunn for a land records
management system study, which included analysis and
documentation of code enforcement and permitting processes.
Our team developed an RFP and provided procurement
assistance after evaluating technical and administrative
workflows and developing recommendations for a new
permitting system.
Land Records,
Planning, and Code
Enforcement(Non-
Integrated Systems)
City of
Bloomington,
Minnesota
BerryDunn provided land management system needs
assessment and system selection consulting, including RFP
development, system selection assistance, and contract
negotiation assistance.
Planning, Land
Records, and Code
Enforcement (Non-
Integrated Systems)
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Client Project Details Legacy System(s)
City of Boca
Raton, Florida
Our team is currently working with the City to implement a
system for land management, planning, permitting, inspections,
business licensing, and code enforcement functions, which
followed selection activities (requirements definition, RFP
development, and procurement assistance).
Planning, Land
Records, Code
Enforcement, and
Business License
(SunGard HTE), and
Avolve ProjectDox
City of Broken
Arrow,
Oklahoma
The City of Broken Arrow engaged BerryDunn to assist in its
selecting replacement systems for Enterprise Resource
Planning, Utility Billing, Planning and Permitting, and Public
Safety functions. We helped the City in developing functional
and technical requirements, as well as the development of its
RFP. Following receipt of proposals, BerryDunn assisted the
City in system selection, including the development of proposal
summary memos, short-list identification, and demonstration
facilitation, followed by contract negotiation assistance.
BerryDunn was also chosen by the City to assist with the
implementation of selected Planning and Permitting, Asset
Management, Utility Billing, ERP, and CAD/RMS systems.
Planning, Land
Records, and Code
Enforcement
(SunGard HTE)
City of DeSoto,
Texas
BerryDunn conducted an assessment of current software
needs and assisted the City with the development of a RFP and
selection of a replacement software vendor.
ERP (STW), Planning,
Land Records, and
Code Enforcement
(iWorQ)
City of
Farmers
Branch, Texas
BerryDunn helped the City define requirements and release an
RFP to select an enterprise system replacement, to include
planning, permitting, and code enforcement as functional areas.
Our team also helped the City implement its chosen solution.
Land Records and
Code
Enforcement(MyGov),
and Planning
(SharePoint and
Excel)
City of Frisco,
Texas
Our team provided electronic plan review (EPR) system
consulting, including as-is process diagramming, options
analysis, and system selection assistance.
BerryDunn is currently providing project management oversight
as the City implements Avolve ProjectDox.
Planning and Land
Records
(CentralSquare
TRAKiT and Hyland
OnBase)
City of Irvine,
California
BerryDunn is currently assisting the City with a permit software
needs assessment and procurement project. This project
involves conducting a current environment assessment,
reviewing previously developed requirements and RFP
documents, development of an updated RFP package, and
providing system selection assistance.
Planning, Land
Records, Code
Enforcement, and
Business License
(Tyler Eden)
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Client Project Details Legacy System(s)
City of
McKinney,
Texas
BerryDunn conducted a gap assessment, process
diagramming, and RFP development project as the City
migrated from various legacy systems. We are currently
providing implementation project management during the
implementation of the City’s selected replacement systems.
The City is currently implementing Cityworks for asset
management and work order functions.
ERP, Utility Billing,
and Enterprise Asset
Management (H.T.E.
and Numix)
City of
Mesquite,
Texas
BerryDunn led a land management and community
development system needs assessment and system selection
project, which included RFP development, system selection
assistance, and contract negotiation assistance.
Planning, Land
Records, and Code
Enforcement (Non-
Integrated Systems).
City of
Midvale, Utah
Our team conducted an assessment of core business
information software and workflow processes to determine gaps
and efficiencies that might be obtained with different software
or better utilization of existing software. This project involved an
evaluation of the City’s business processes, technology
systems and needs, development of a Request for Information,
and development of an Action Plan Report.
Land Records and
Inspections (iWorQ)
City of
Puyallup,
Washington
Contract negotiation assistance between the City and CityView,
project oversight during the CityView implementation
Planning, Land
Records, and Code
Enforcement (Harris
CityView)
City of
Richland,
Washington
BerryDunn conducted a gap assessment, process
diagramming, and RFP development project as the City
migrated from various legacy systems. We are currently
providing implementation project oversight during the
implementation of the City’s selected replacement systems.
Planning and Land
Records (Blue Prince),
and Code
Enforcement (iWorQ)
City of South
Jordan, Utah
The City contracted BerryDunn to conduct a needs assessment
as part of its land management system selection consulting
initiative. BerryDunn also completed an assessment of the
City’s legacy asset management and work order system,
Cartegraph. This project included an assessment of the City’s
current use of Cartegraph and development of an action plan
for improvement.
Planning, Land
Records, Code
Enforcement, and
Business License
(Cartegraph)
City of Tucson,
Arizona
To help the City select and implement a new community
development system, BerryDunn conducted a needs
assessment, developed an action plan, defined requirements,
developed the RFP, assisted with system selection activities,
and provided contract negotiation assistance.
After the City selected a preferred vendor, it contracted with
BerryDunn to provide project management services during the
permitting implementation.
Planning, Land
Records, Code
Enforcement, and
Business License
(Accela Permits Plus)
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Client Project Details Legacy System(s)
City of
Wilmington,
North Carolina
To assist the City in selecting and implementing an enterprise
system, including financials, human resources, payroll, asset
management, work orders, planning, permitting, code
enforcement, and inspections as functional areas, BerryDunn
conducted a current environment needs assessment, defined
requirements, developed an RFP, facilitated selection activities,
and guided contract negotiation.
Our team is currently assisting with the implementation of the
City’s chosen system, Tyler Technologies EnerGov and Munis
Asset Management,
Work Orders,
Permitting, and Code
Enforcement
(SunGard the,
Intelligov, Smartware,
Cartegraph)
Outagamie
County,
Wisconsin
Our team provided system needs assessment and replacement
consulting services to help the County select a new permitting,
inspections, and licensing system.
Planning, Land
Records, Code
Enforcement, and
Licensing (Non-
Integrated Customized
Systems)
Pitkin County,
Colorado
The County requested the completion of a needs assessment,
definition of functional and technical requirements, RFP
development, and system selection assistance as part of
replacing its permitting system. The County replaced their
legacy system with support from BerryDunn.
Planning and Land
Records (Tyler
Technologies Eden
and BlueBeam)
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3. Project Team
Based on our experience conducting similar projects, the in-depth knowledge and specialized expertise of
our consultants, and their regionally relevant experience, we would like to propose the project team
members below. For your convenience, we’ve included full resumes at the end of our proposal.
Figure 2: Project Team Organization
Our proposed team offers deep experience in managing organization-wide technology projects, as well as
backgrounds in local government information technology. The individuals who will be actively involved in
the execution of this project include:
Experienced project leaders who are accustomed to assisting large, medium-sized, and small
local government agencies through transformational system initiatives.
Procurement lead who has led the RFP development process and subsequent contract
negotiations for over 60 local government software procurements.
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Roles and Responsibilities
Kevin Price, MPP, PMP®, Prosci® CCP
Principal in Charge
Kevin is a principal in BerryDunn’s Local Government Practice Group. He leads our
CDUO Practice, assisting local government clients with business process
improvement, fee analysis, system selection, and implementation projects. Kevin will
provide oversight of our project team and help ensure our consultants provide the
City with the right tools, information, and recommendations necessary to thoroughly assess the City’s
current software and develop tailored requirements.
A certified Project Management Professional® (PMP®), he has extensive experience in assessing the
business needs and processes of municipal clients for permitting, inspections, planning, code
enforcement, and land management functions. Kevin is also a Lean Six Sigma Green Belt, allowing him
to continuously define, measure, analyze, improve, and control projects and environments for his clients.
Alex Kee, MPPM, AICP, Prosci® CCP
Project Manager
Alex is a manager in BerryDunn’s Local Government Practice Group with more than
six years of experience working with local government agencies and extensive
experience assisting public sector entities with planning and community development.
Prior to joining BerryDunn, he most recently served as city planner for the City of
Westbrook, Maine. In this role, Alex was responsible for assisting developers, contractors, and the public
in understanding planning-related items and processes.
Alex is currently working with the City of Irvine, CA, the City of Plano, TX, and Dona Ana County, NM on
similar system assessment and selection initiatives.
Don Poland, PMP®, Prosci® CCP
Business Analyst
Don is a senior consultant in BerryDunn’s Local Government Consulting Group. He is
a practiced Project Management Professional® (PMP®) with a customer focus. Don
brings strong listening skills and critical decision-making experience to meet client
needs and implement necessary changes. He focuses on the client's needs to
transform complex business requirements into creative and usable solutions.
Don has served a similar on role on engagements with the City of Boca Raton, FL. He has also worked
with the Center for Disease Control, Florida Department of Environmental Protection, and Georgia
Department of Transportation.
Don will provide strong perspective to our analysis and recommendations. He is currently supporting the
City of McKinney, TX as it implements Cityworks.
Joy Payne
Business Analyst
Joy is an IT expert with progressive leadership experience in assisting clients with
largescale software changes. She has often served as the chief facilitator and central
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communicator, bridging the communication gaps between business area representatives and IT.
She specializes in assisting BerryDunn’s clients through the implementation life cycle, including the Cities
of Farmers Branch, TX, Grand Prairie, TX, and Boca Raton, FL.
Corey Claflin, COBIT 2019, CAPM
Business Analyst
Corey is a consultant in BerryDunn’s Local Government Consulting Group. He assists
local government clients with IT project support, building off his experience gained
through providing project management services, business process improvement insight
for internal systems, and software analysis for efficiencies and increased utilization.
Corey has served a similar role on engagements with the City of Detroit, MI; Sonoma Resource
Conservation District, CA; and Galveston County, TX.
Nick Batey, MBA, ITIL v4
Technical Subject Matter Expert
Nick is a senior consultant in BerryDunn’s Local Government Practice Group. He has
over 20 years of experience managing a wide range responsibilities within the IT
industry. He served Chatham County, Georgia, for 25 years, most recently as Director
of IT. He has supported over 60 agencies and 3,000 people in emergency response, life
safety, administration, and judicial, among other functions. Nick prides himself in his ability to build
productive and positive work cultures fueled by strong leadership and has an eye for developing elegant
solutions to complex issues.
Ryan Doil, MBA, Prosci® CCP, CPPB
Procurement Lead
Ryan is a senior manager in our Local Government Practice Group who focuses on
procurement and vendor support activities. He brings more than five years of
experience in a federal procurement role. Ryan is skilled in managing the challenges
and constraints for complex, enterprise-wide projects and leads assessments through
a collaborative and structured process, leveraging best practices learned through his Certified
Professional Public Buyer (CPPB) designation. Additionally, Ryan internally manages and administers
learning and development for our Local Government Practice Group, helping to ensure broad knowledge
share of industry best practices.
Since joining BerryDunn, Ryan has been engaged in many projects similar in scope and size to the
services requested by the County, including the Cities of Irving, TX; McKinney, TX; Wilmington, NC;
Frisco, TX; and Irvine, CAI.
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4. Proposed Approach
To assist the City with its initiative, we have proposed a five-phased approach with initial project planning,
illustrated in Figure 3 below.
Throughout each phase, our team will apply quality assurance processes that incorporate City review and
approval of all deliverables and key milestones. Additionally, built-in project management and change
management best practices will help to keep the project on time and on budget, and progressing at a
healthy pace for City stakeholders to understand why and how a new system will improve staff processes.
Figure 3: BerryDunn’s Approach to EAM System Selection
We have proposed an approach that would allow the City to perform due diligent activities for existing
system vendors, while retaining the option to move to a competitive procurement process at multiple
points during Phase 3.
Project Management
1. Conduct initial project planning. BerryDunn’s project team will conduct an initial project planning
teleconference with the City’s Project Management Team to clarify goals and objectives, identify known
project constraints, and refine dates and/or tasks as appropriate. During this time, we will help the City
define the appropriate scope of the project, differentiating between what is necessary for project success
as opposed to what is desired but nonessential. As part of this meeting, we will discuss our approach for
managing communications between BerryDunn and the City, as well as our approach to scope, risks, and
resource management.
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2. Develop Project Work Plan and Schedule. Based on our initial project planning discussions, we will
draft a detailed Project Work Plan and Schedule for distribution to key project team members detailing the
scope of work, plan of strategy and approach, and project schedule with all major components.
This deliverable will offer a more specific work plan that is reflective of any changes to the work plan as
described here that are desired by the City. We will then meet with the City via web conference to gain
the Project Management Team’s approval of the Project Work Plan and Schedule, collecting any
feedback for incorporation in the final version. At this time, we will also facilitate a discussion to identify
any known project risks.
Deliverable 1. Project Work Plan and Schedule
1.1 Develop and Administer End-User Web Survey. We will develop and distribute a web survey to
City staff to understand issues and challenges with current systems. We envision that this survey will be
issued to the core department users and will be used to help determine the City’s current and future asset
management system needs. Prior to issuing the web survey, we will review the questions with the City’s
Project Manager. We will then provide the survey to the core department users for completion. The
results of the survey will be used as one of many data points in developing our evaluation of the current
system.
We have initially planned on developing one survey; however, we would be happy to discuss alternate
approaches, such as issuing separate surveys to different internal stakeholder groups.
1.2 Request and Review Existing Documentation. Prior to conducting our fact-finding work, we will
provide the City with an Information Request Sheet to request available documentation that will be helpful
to us during the project (e.g., organizational charts, documentation of existing systems, and
requirements). We respectfully request that the City provide the requested information prior to the project
kickoff meeting and interviews, as reviewing available information in advance of fact-finding will enable us
to be more efficient, become more knowledgeable of the current environment, and make best use of City
personnel’s time.
1.3 Facilitate Project Kickoff Meeting. We will conduct a project kickoff meeting with City leadership
and all project stakeholders. This meeting will serve as an opportunity to introduce project team
members, discuss the City’s goals for this project, present our project approach and methodology, review
the schedule of key project dates, and answer questions.
1.4 Conduct Fact-finding Meetings. Following the project kickoff meeting, we will conduct fact-finding
meetings with City staff from the departments identified as future users of the asset management system,
including stakeholders from each department. We will explore their experience in daily interaction with the
system, along with any additional areas we identify prior to or during the kickoff meeting. The purpose of
these meetings is to review, evaluate, and document the City’s existing system functionality and
understand processes that are critical or unique to the City, as well as gather information to develop an
action plan, system requirements, and an RFP for the City. We have planned to conduct these meetings
over a two day period.
In addition, we will meet with representatives from the City’s IT staff who support the existing applications
to review available system documentation, existing data elements, and data reporting needs. This will
Phase 1: Fact-Finding
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help us understand the City’s current IT staffing and support structure, and the existing system
functionality and potential areas of focus for a new asset management system. In addition to meeting with
IT staff, we will also meet with City payroll and finance staff to understand requirements related to labor
rates and inventory management that may have an interface requirement for the future EAM system.
1.5 Develop draft Needs Assessment Memo. Drawing on the information gathered through our review
of documentation, web survey results, and fact-finding sessions, we will prepare a Needs Assessment
Memo. The primary objective of the memo is to confirm key findings thus far, and confirm the focus for the
remaining tasks and activities in this phase. This memo will contain key themes resulting from the fact-
finding meetings including, but not limited to:
Leadership goals and objectives
Primary challenges and areas for improvement
Recommended key decision points
Additional considerations for the City
We will provide a draft Needs Assessment Memo to the City for review and facilitate a work session via
web conference to explain our findings and gain feedback. We believe obtaining the City’s validation and
approval of these findings is crucial, as this information will serve as the basis for future requirements. We
will then revise the Needs Assessment Memo and update to final.
Deliverable 2. Needs Assessment Memo
Phase 2: Requirements Development
2.1 Develop Preliminary Functional and Technical Requirements. BerryDunn has developed a
database of general technical and functional requirements of asset management software systems based
on our experience with other government agencies, as well as our knowledge of system functionality and
best practices. Drawing from this database, we will make refinements based on our understanding of the
City’s current business and technical environment, with consideration given to those processes that are
critical or unique to the City.
We have found that preparing preliminary functional and technical requirements after our initial fact-
finding meetings with the City enables us to define approximately 75% of requirements up front for most
clients. We will provide this preliminary list to the City as a starting point for facilitated joint requirement
planning (JRP) work sessions.
Deliverable 3. Preliminary Functional and Technical Requirements
2.2 Conduct JRP Work Sessions. Using the preliminary list of requirements as a starting point, we will
schedule JRP work sessions with groups of City staff members for each of the core business areas
requiring a list of functional requirements. The purpose of these meetings will be to review the preliminary
list of requirements and facilitate additions, changes, and deletions. We have planned to conduct these
meetings over a one and one half day period remotely via web conference.
During these facilitated work sessions, BerryDunn will work collaboratively with participants and challenge
staff to consider “desired” or “required” needs in the future environment. We will also ask stakeholders to
identify whether or not the requirements exist in today’s environment.
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Following the JRP sessions, we will update the Preliminary Technical and Functional Requirements
document to incorporate information gained from City personnel. Prior to finalizing the document, we will
provide a draft of the requirements list to the City for review. We will collect a single summary of changes
from the City and modify the draft report to include all desired document modifications.
Deliverable 4. Final Functional and Technical Requirements
Phase 3: Vendor Inquiry and Due Diligence
3.1 Develop Vendor Inquiry Memo. BerryDunn will meet with City leadership and a representative from
the City’s procurement staff to identify required items inclusion in a vendor inquiry memo. This memo will
contain instruction on how to respond to the City’s requirements and will also request cost information
and information on how the vendor would approach expanding the system use to meet the asset
management and work order needs of all City stakeholder departments. This memo will be issued to
vendors currently providing asset management and work order functions.
3.2 Analyze vendor responses. BerryDunn will review the vendor responses and develop an executive
summary memo. The executive summary memo will identify key areas for consideration by the City’s
Project Team. The memo will also contain a quantitative analysis of each vendor’s responses to the
functional and technical requirements, also known as a Level-of-Fit Analysis.
3.3 Facilitate a work session with the City Project Team. BerryDunn will facilitate a meeting with the
City’s Project Team to review the vendor responses, elicit discussion of each proposal received, assist in
determining the viability of each vendor in meeting the City’s enterprise asset management and work
order needs. During this meeting the City will determine whether it wishes to proceed with further due
diligence activities with one or more of the responding vendors or if an RFP process should be followed.
Deliverable 5. Vendor Inquiry Memo and Executive Summary Memo
Project Check Point: Continue with Due Diligence?
This next activities would apply if the City continues a focus on vetting the existing vendor options, and
continuing to contract negotiation support. Phases 4 and 5 as described in the rest of our work plan would
not apply, unless following the demonstrations the City determines that an existing vendor will not meet
the City’s needs.
3.4 Conduct due diligence demonstrations. BerryDunn will develop high level demonstration scripts for
the vendor or vendors identified as being a viable option for the City. We will then facilitate up to 12 hours
of software demonstrations. The main purpose of these demonstrations will be validate the requirement
responses that were provided in response to the vendor inquiry memo. These demonstrations will also
provide an opportunity for City stakeholders that do not currently utilize the system to have the
opportunity to review the system as an option to meet their needs.
3.5 Demonstration debrief and path confirmation. Following the demonstrations, BerryDunn will
conduct a work session with the City Project Team to confirm direction. If one of the existing vendors are
able to meet the City’s needs, the City will continue into a contract negotiation process with that vendor. If
after the demonstrations the City determines that an existing vendor will not meet the City’s needs, the
City will proceed with developing an RFP.
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3.6 Develop a memo summarizing the City’s direction. BerryDunn will develop a memo that
summarizes the work performed to-date, as well as the City’s direction to either move ahead with one
vendor or to issue an RFP. This memo will be provided to the City Project Team and reviewed during a
web conference work session.
Deliverable 6. Due Diligence Vendor Demonstration and Direction Memo
Project Check Point: Continue with Due Diligence?
This option will continue a focus on vetting an existing City vendor, continuing to contract negotiation
support. Phases 4 and 5 as described in the rest of our work plan would not apply.
3.7 Assist City with Contract Negotiations. BerryDunn will assist the City in the contract negotiations
process with the vendor that the City selects. We have been involved in contract negotiations from the
client, vendor, and independent consultant perspective, and are knowledgeable about how the contract
impacts the implementation process. In conducting contract negotiations between the City and the
preferred vendor, we will draw on these experiences to help ensure the City’s best interests are being
met. As part of that process, we believe it is critical to develop a positive relationship between the City
and the vendor, as this sets the foundation for a collaborative implementation process. We understand
the roles of all parties involved in negotiations and will utilize our experience as facilitators to establish
clear communication, trust, and goodwill between all involved.
Prior to beginning negotiations, we will discuss the negotiation strategy with the City and identify key roles
for decision-making. We will then draw on the information gathered during our review of the vendors’
proposals, identify any concerns, and provide the vendors with an opportunity to respond with requested
modifications. Following initial conversations with the two vendors, we will confirm the preferred vendor
with the City. While we recommend keeping negotiations and alternatives open with both parties, we
expect to proceed with in-depth negotiations with only the preferred vendor at this stage.
We will work with the City’s Project Management Team and legal counsel, as well as the preferred vendor
to develop a draft contract, using the City’s contracting procedures and the vendor’s proposal as starting
points. We will review the contract documents in consultation with the City to help ensure that
requirements are clearly defined and to establish that the City agrees to the schedule, implementation
process, fee arrangement, scope of services, vendor resources, deliverables, costs, acceptance criteria,
and terms and conditions. In addition, we will be “at the table” in negotiations with the preferred vendor.
Should it become clear at any point during negotiations that the preferred vendor’s solution or contract
terms will not meet the needs of the City, we may recommend halting negotiations with that vendor and
commencing negotiations with the alternate vendor.
A positive working relationship between the City and the vendor is Integral to the process of finalizing
contract negotiations. While contract negotiations can be stressful, we will work with all parties to
establish a constructive sense of partnership moving into the implementation phase.
Deliverable 7. Contract Negotiation Assistance
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Phase 4: RFP Development and System Selection
This phase assumes a competitive selection process, and will take the City to the RFP
development phase. The project would then proceed to Phases 5 as described.
4.1 Develop RFP Document. BerryDunn will meet with City leadership and a representative from the
City’s procurement staff to identify required standards for inclusion in an RFP (e.g., standard terms and
conditions, required format, and other additional language) and establish a timeline for the RFP
development and procurement processes.
We will then develop the RFP using a proven format that incorporates historical project information, a
high-level description of the City’s current environment, the City’s desired approach to implementing a
new asset management system, the City’s functional and technical requirements, and a structured list of
points for vendors to address in their response to the RFP.
Our team will also work with the City to develop objective evaluation criteria to include in the RFP. We will
then prepare a scoring matrix to track significant strengths and limitations of each proposal reviewed in
terms of the established evaluation criteria.
4.2 Facilitate Work Session to Review Draft RFP. BerryDunn will coordinate a meeting with the City’s
Procurement Team to review the draft RFP, collecting any feedback or additional terms for inclusion,
before finalizing the RFP, and providing it to the City for distribution through its standard channels. In
addition, BerryDunn can provide a distribution list that includes most of the major vendors in the market,
to encourage a broad response from the vendor community and a suitable number of proposals for
evaluation.
Deliverable 8. RFP Document
4.3 Assist with RFP administration. BerryDunn will assist the City Procurement Team with issuance of
the RFP, responding to vendor questions, and developing addenda. We will also participate in the pre-
proposal conference.
4.4 Analyze vendor proposals. BerryDunn will facilitate the proposal review process by analyzing
vendor proposals and developing an executive-level summary. The executive summary memo will identify
key areas for consideration by the City’s Evaluation Team, which are intended to be tools members of this
team can use to focus their review of vendor proposals. The memo will also contain a quantitative
analysis of each vendor’s responses to the functional and technical requirements, also known as a Level-
of-Fit Analysis. Our project work plan assumes that we will be reviewing up to six vendor proposals.
Deliverable 9. Proposal Summary Memo
4.5 Facilitate first-round vendor scoring. BerryDunn will facilitate a meeting with the City’s Evaluation
Team to review the proposal summaries, elicit discussion of each proposal received, assist in the scoring
process, and collect scores to identify the top three preferred vendors to invite for demonstrations.
4.6 Develop demonstration scripts. The latter portion of the meeting facilitated for first-round vendor
scoring will be dedicated to discussing the format and scripts for vendor demonstrations. We will develop
a draft demonstration script template and provide it to the City for review. After finalizing a City-approved
version, we will provide the appropriate scripts to each vendor in advance of their demonstrations. We will
also develop a scoring methodology and evaluation criteria that will assist the City in scoring each
demonstration.
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BerryDunn offers the City a unique set of qualifications in preparing the demonstration scripts; our team
members have experience in both facilitating demonstrations on behalf of clients and conducting
demonstrations through previous employments with vendors. We are well qualified to assist the City in
developing a demonstration script that incorporates proven techniques to elicit useful information during
the demonstration process, helping the City to better understand the proposed solutions.
4.7 Conduct teleconferences with finalist vendors to discuss demonstration scripts. Having
provided the demonstration scripts to each vendor for review, we will conduct a one-hour teleconference
call with each to address any questions or concerns they might have. This will help to ensure a mutual
understanding of expectations prior to the actual demonstrations and that the demonstrations effectively
address key items the City requires, in order to accurately identify the finalist vendors’ strengths and
weaknesses.
4.8 Facilitate vendor demonstrations. We will coordinate and facilitate one-and-a-half-day vendor
demonstrations for up to three vendors at the City’s offices. Our project team’s extensive background in
the demonstration process provides the City with a unique perspective on how to score, prepare,
evaluate, and participate in vendor demonstrations. Following each demonstration, we will meet with the
City’s evaluation team to assess the vendor’s product relative to the established evaluation criteria.
4.9 Facilitate second-round vendor scoring. BerryDunn will facilitate the second round of vendor
scoring immediately following demonstrations to identify the vendor(s) for which the City should perform
its reference checks.
4.10 Prepare City Staff for Reference Checks and Site Visits. BerryDunn will develop a memo for City
staff that describes how to prepare for reference checks. As part of the memo, we will identify City tasks
that should be accomplished prior to meeting with each site. The memo will include a list of materials that
should be reviewed and instructions for preparing for each meeting. We will meet with the City’s project
team to discuss the memo and suggested approach for the reference checks, as well as to answer
questions regarding the approach.
We recommend the City visit similar organization(s) in which the finalist vendor(s) have implemented the
proposed system. This will provide an opportunity to ask questions, understand how the software is being
used, and assess operational issues related to use of the software or implementation. BerryDunn will
develop a recommendations memo for the City on how to prepare for site visits. As part of the memo, we
will identify City tasks that should be accomplished prior to visiting each site. The memo will include a list
of materials that should be reviewed and step-by-step instructions for preparing for each meeting. We will
assist the City in arranging the site visits, help develop an agenda for the visits, and meet with the City’s
project team via teleconference to discuss the agenda and answer questions regarding the site visits.
4.11 Facilitate Final Round of Scoring. Immediately following the final vendor site visit, we will facilitate
the final round of scoring. We believe it is beneficial to identify two candidates at this stage, as doing so
provides more leverage in the negotiation process and may lead to a more favorable contract for the City.
In addition, should it be necessary to end negotiations with the preferred vendor, it is beneficial to
maintain an open relationship with a back-up vendor.
Deliverable 10. Identification of Preferred Vendor
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Phase 5: Contract Negotiation Assistance
This phase assumes a competitive selection process was followed in Phase 4.
5.1 Assist City with Contract Negotiations. BerryDunn will assist the City in the contract negotiations
process with the vendor that the City selects. We have been involved in contract negotiations from the
client, vendor, and independent consultant perspective, and are knowledgeable about how the contract
impacts the implementation process. In conducting contract negotiations between the City and the
preferred vendor, we will draw on these experiences to help ensure the City’s best interests are being
met. As part of that process, we believe it is critical to develop a positive relationship between the City
and the vendor, as this sets the foundation for a collaborative implementation process. We understand
the roles of all parties involved in negotiations and will utilize our experience as facilitators to establish
clear communication, trust, and goodwill between all involved.
Prior to beginning negotiations, we will discuss the negotiation strategy with the City and identify key roles
for decision-making. We will then draw on the information gathered during our review of the vendors’
proposals, identify any concerns, and provide the vendors with an opportunity to respond with requested
modifications. Following initial conversations with the two vendors, we will confirm the preferred vendor
with the City. While we recommend keeping negotiations and alternatives open with both parties, we
expect to proceed with in-depth negotiations with only the preferred vendor at this stage.
We will work with the City’s Project Management Team and legal counsel, as well as the preferred vendor
to develop a draft contract, using the City’s contracting procedures and the vendor’s proposal as starting
points. We will review the contract documents in consultation with the City to help ensure that
requirements are clearly defined and to establish that the City agrees to the schedule, implementation
process, fee arrangement, scope of services, vendor resources, deliverables, costs, acceptance criteria,
and terms and conditions. In addition, we will be “at the table” in negotiations with the preferred vendor.
Should it become clear at any point during negotiations that the preferred vendor’s solution or contract
terms will not meet the needs of the City, we may recommend halting negotiations with that vendor and
commencing negotiations with the alternate vendor.
A positive working relationship between the City and the vendor is Integral to the process of finalizing
contract negotiations. While contract negotiations can be stressful, we will work with all parties to
establish a constructive sense of partnership moving into the implementation phase.
Deliverable 11. Contract Negotiation Assistance
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5. Applied Methodologies
Project Management
To help ensure that project objectives are met, and initiation and completion of project work are
conducted in a timely manner, each BerryDunn project is led by an experienced project manager who
understands and utilizes project management best practices. Our Government Consulting Group employs
project management best practices from the Project Management Institute’s (PMI®’s) Guide to the Project
Management Body of Knowledge (PMBOK® Guide), Version 7.
Our proposed team is committed to bringing project management expertise to the City’s project. Our
proposed Principal is a certified PMP®, which will enable him to apply PMI® standards and best practices
to the selection of an asset management solution. The City can be assured that this project will be
conducted efficiently and effectively.
Figure 4 illustrates the phases of the project management life cycle, which provides a framework for
managing any type of project.
Figure 4: Project Management Life Cycle
Tools and Technology
For the daily management and undertaking of project tasks, we strive to avoid unnecessary delays,
enhance productivity, promote collaboration, and minimize barriers to participation. To that end, we utilize
technology that is familiar or intuitive to most users in addition to our project resources assembled from
years of public sector consulting, as detailed below.
Figure 5: Tools and Technology Work Kit
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Change Management
Stakeholders’ willingness to adopt new processes and tools plays a significant role in the success—or
failure—of strategic projects and initiatives. BerryDunn has observed resistance to change in virtually all
of our technology planning projects, and we will work with you to proactively address resistance by:
Engaging stakeholders at the right level throughout the project—from initial planning through
delivery of final recommendations—to build understanding for the need for change and gain
support from the people who will be considering the future solutions
Developing and executing a plan that considers the information needs of each stakeholder group
Documenting technology challenges, and working with stakeholders to understand how their work
might be performed more efficiently and effectively with the execution of a strategic project or
initiative in the organizational audit
We have adopted the Prosci® change management methodology and trained over 100 consultants to
become Prosci® Certified Change Practitioners (CCPs), including three of our proposed team
members. A central focus of the Prosci change management approach is the belief that, in order for
change to work in an organization, individuals must be willing to change and understand change.
According to research conducted by Prosci®, the likelihood of project success increases significantly, and
in alignment with the level of change management focus applied to the project. Figure 6 shows that even
small increases in focus on change management, from “poor” to “fair,” are likely to have a positive impact
on system adoption and project success.
Figure 6: Change Management’s Impact on Project Success
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6. Client References
In this section, we have outlined two projects and contact information demonstrating our experience
developing requirements and assisting clients through the system selection life cycle.
City of Frisco, Texas
Business Process Analysis, As-Is Process Diagramming, EPR Recommendations and System Selection
Assistance, EPR Implementation Oversight
The City of Frisco engaged BerryDunn to evaluate the City’s
readiness for transitioning to an electronic plan review (EPR)
system. BerryDunn assisted the City with documenting and
assessing the City’s current plan review processes. This
project included a review of technology tools used to support
these processes, as well as an as-is process diagramming
exercise. These included processes and sub-processes for
planning, engineering construction, building, environmental
services, fire, parks, public works, traffic engineering, storm water, and communications. This project
focused on identifying opportunities for improvement in the current environment and in a future electronic
plan review (EPR) system environment. In addition to developing the as-is process diagrams, BerryDunn
developed a Process Diagrams Analysis Report and an EPR Recommendations Report.
BerryDunn’s Process Diagrams Analysis Report included:
• An analysis of current plan review processes for each department (building, parks and recreation,
public works, communications, etc.)
• Review of current technical environment
• Primary challenges the City faced with current tools and processes
BerryDunn’s EPR Recommendations Report included:
• Future environment recommendations for improving current processes
• Resource considerations for each phase of the City’s planned EPR implementation
• Training and education opportunities customized to meet the City’s needs
• Change management practices to prepare City staff to undertake the significant change of a
system change
After the business process analysis, as-is diagramming, and EPR recommendations, the City contracted
BerryDunn to assist with the selection and implementation of Avolve Online Application Submittal (OAS)
and ProjectDox. This seamless transition allowed us to continue providing the City with recommendations
specific to its staff and community needs. BerryDunn is currently providing implementation project
oversight during the City’s Avolve ProjectDox and OAS system implementation.
Contact
Chris Leonard, Senior Planner
972-292-5361
cleonard@friscotexas.gov
Project Dates: 2018 – present.
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City of Wilmington, North Carolina
Business Software Needs Assessment and Financial System Implementation Project Management
The City of Wilmington retained BerryDunn to assess the
business processes and determine the functional needs and
requirements of its legacy ERP software, including asset
management, facilities management, work order, permitting
and land management functionality. The main goal was to
develop an RFP and select a vendor to implement a modern
software solution.
After issuing an RFP and interviewing shortlisted vendors, the City entered into a contract with Tyler
Technologies in November 2017. BerryDunn signed on to provide ongoing project management during
the Tyler financials, community development, and asset management system implementations. The City
is currently live on Tyler Munis financials, human capital management, and asset management. The
planning, permitting, and code enforcement phases (EnerGov), are currently underway.
Contact:
Brian Scott, IT Director
910-341-5848
brian.scott@wilmingtonnc.gov
Project Dates: 2016 – present
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7. Proposed Fees
In Table 2 below, we have provided our proposed costs for completing the City’s initiative, which are
inclusive of any related expenses, materials required to complete the project, and include project
management services.
BerryDunn does not charge for time spent traveling, so these fees reflect only the time BerryDunn team
members will be working on the City’s project. We will progress bill the City on a monthly basis for work
completed against each deliverable.
Table 2: BerryDunn EAM System Selection Fees
No. Deliverable Cost
Phase 0: Project Management
1 Project Work Plan and Schedule $3,270
Phase 1: Fact-Finding
2 Needs Assessment Memo $15,360
Phase 2: Requirements Development
3 Preliminary Functional and Technical Requirements $2,890
4 Final Functional and Technical Requirements $10,200
Phase 3: Vendor Inquiry and Due Diligence
5 Vendor Inquiry Memo and Executive Summary Memo $9,050
6 Due Diligence Vendor Demonstration and Direction Memo $8,400
7 Contract Negotiation Assistance $10,130
Phase 4: RFP Development and System Selection (Competitive RFP Path)
8 RFP Document $4,610
9 Proposal Summary Memo $8,400
10 Identification of Preferred Vendor $14,840
Phase 5: Contract Negotiation Assistance (Competitive RFP Path)
11 Contract Negotiation Assistance $12,600
BerryDunn estimates the number of hours to deliver these services is 462 hours, equating to $215.91 per
hour.
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Appendix: Team Member Resumes
Kevin Price, MPP, PMP®,
Prosci® CCP
Project Principal
Kevin is a principal in BerryDunn’s Local
Government Consulting Group. He leads our
Community Development and Utility Operations
Practice, assisting local government clients with fee studies, business
process improvement, system selection, and system implementation
projects.
Relevant Experience
System Selection and Implementation: Kevin has assisted
BerryDunn clients with every stage of system replacement and
implementation projects, from needs assessment to requirements
definition, RFP development, proposal evaluation, facilitation of
vendor demonstrations, contract negotiation, and implementation
project management. He is currently assisting the City of Grand
Prairie, Texas with the implementation of a new permitting and code
enforcement system.
Process Analysis and Improvement: Kevin has assisted
BerryDunn clients with process improvement projects as part of
system replacement projects and as standalone projects. Kevin has
previously led the process improvement projects with the Cities of
Rockville, Maryland; Alexandria, Virginia; Philadelphia, Pennsylvania;
and Frisco, Texas.
Project Management: Kevin has managed system selection and IT
strategic planning projects for some of BerryDunn’s most complex
local government clients. He previously managed BerryDunn’s
Municipal Street Addressing and Right-of-Way Permitting and Code
Violation System Assessment Projects for the City of Philadelphia.
Select Clients
City of Alexandria, VA
City of Beaverton, OR
City of Boston, MA
City of Coral Springs, FL
City of Detroit, MI
City of Dover, DE
City of Fredericksburg, VA
City of Frisco, TX
City of Grand Prairie, TX
City of Irvine, CA
City of Manassas, VA
City of Puyallup, WA
City of Rockville, MD
City of Wilmington, NC
Goochland County, VA
Outagamie County, WI
Travis County, TX
Education and Memberships
Master’s in Public Policy and
Management, Concentration
in Financial Management,
University of Southern Maine
BA, Economics and Political
Science, University of Maine
Project Management
Professional® (PMP®), Project
Management Institute®
Prosci® Certified Change
Practitioner (CCP)
Lean Six Sigma Green Belt
Certified
City of Westbrook, ME
Recreation and Conservation
Commission – Associate
Member, 2021 – 2023
City of Westbrook, ME Sewer
Commission – Member, 2021
– 2023
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Alex Kee, MPPM, AICP, Prosci®
CCP
Project Manager
Alex is a manager in BerryDunn’s Local
Government Consulting Group. Alex has more
than six years of experience working with local
government agencies and extensive experience assisting public-
sector entities with planning and community development. This has
afforded him with a unique skillset catering to serving public-sector
clients.
Relevant Experience
System Selection and Implementation: Alex is currently assisting
with our system replacement project with the City of Irvine, California,
and our implementation project with the City of Grand Prairie, Texas.
Community Development: As a former city planner for the City of
Westbrook, Maine, Alex has direct experience with many facets of
public-sector planning and community development.
Process Analysis and Improvement: Alex has recently assisted
with process improvement projects with the Cities of Rockville,
Maryland and Frisco, Texas. Alex is also assisted the City of
Philadelphia Water Department with an as-is and to-be process
mapping project in advance of the implementation of an Electronic
Permitting System.
City of Westbrook, Maine: In his role as city planner, Alex was
responsible for assisting developers, contractors, and the public in
understanding planning-related items and processes. He was also
responsible for the coordination of the planning review process,
review of applications, and facets of the approval process.
City of South Portland, Maine: As a city management associate,
Alex was responsible for budget and financial analysis and
management as well as customer service and general support of
municipal operations. In addition, Alex applied research techniques,
survey methods, and data collection for the city manager and council.
Select Clients
City of Boston, TX
City of Dallas, TX
City of Detroit, MI
City of Farmers Branch, TX
City of Frisco, TX
City of Grand Prairie, TX
City of Irvine, CA
City of Lawrence, KS
City of Philadelphia, PA
City of Rockville, MD
City of Weatherford, TX
Outagamie County, WI
Pitkin County, CO
Town of Wells, ME
Education
BA, Political Science, Clark
University
Master’s, Public
Administration, Clark
University
Prosci® Certified Change
Practitioner
Memberships
American Institute of Certified
Planners (AICP)
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Don Poland, PMP®, Prosci® CCP
Business Analyst
Don is a senior consultant in BerryDunn’s Local
Government Consulting Group. He is a
practiced Project Management Professional®
(PMP®) with a customer focus. Don brings
strong listening skills and critical decision-
making experience to meet client needs and implement necessary
changes. He focuses on the client's needs to transform complex
business requirements into creative and usable solutions.
Relevant Experience
Project Management. Don has extensive experience as a project
management consultant, focusing on systems solutions,
implementations, software development, and working with public and
private sectors.
Brandt Information Services. While at Brandt, Don acted as a
consultant and project manager for the Florida Department of
Environmental Protection (DEP). Don oversaw and managed projects
related to $2.2 million of legislative funding for the Division of State
Lands and the Division of Recreation and Parks. He worked to extend
the FL-SOLARIS database and application to include all Florida
conservation lands owned, and conservation easements retained by
the federal, county, and municipal governments. He also conducted a
feasibility study regarding the collection of additional restricted land
data, and for the creation of the OutdoorFlorida.org website and
mobile application for locating recreation on federal, state, county, and
municipal lands. Additionally, Don managed multiple projects for the
Division of Waste Management and the Division of Water Resource
Management.
BravePoint. At BravePoint, Don performed business analysis on a
utility billing system to document the current workflows and identify
workarounds, risks, and issues for a gas utility company. Don was the
project manager for the rewrite of an ERP application, where he also
performed business analysis, quality assurance testing, and was the
implementation consultant for the product’s first customers. When
BravePoint spun off ProfitZoom to private investors, Valens Software,
Don became director of customer experience, where he continued to
provide leadership and product expertise to clients and the internal
implementation team to successfully implement and operate
ProfitZoom in their organizations.
Select Clients
City of Boca Raton, FL
City of McKinney, TX
Education
BS, Mathematics, University
of Sioux Falls
Project Management
Professional®, PMP®
Prosci® Certified Change
Practitioner
Master’s Certificate, IT
Project Management,
George Washington
University
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Joy Payne
Business Analyst
Joy is a consultant in BerryDunn’s Local
Government Practice Group. She is an IT expert
with progressive leadership experiences in
assisting clients with largescale software
changes. She has often served as the chief
facilitator and central communicator, bridging the communication gaps
between business area representatives and IT. She specializes in
assisting BerryDunn’s clients through the implementation life cycle.
Relevant Experience
Systems Implementation. Joy has successfully led the
implementations of integrated real estate software solutions at more
than 15 major real estate organizations worldwide. Past work
showcasing her implementation leadership include Yardi and ARGUS
CRM systems with Plantation Consulting, Inc., DYNA Budget system
with NOI Strategies, and a REALM LEASE Upgrade with
RealFoundation.
Currently Joy plays key roles on Community Development
implementation projects with the Cities of Boca Raton, FL and Farmers
Branch, TX.
Systems and User Training. Joy has traveled nationally and
internationally to conduct training at client facilities. This has translated
into her implementation work, where she is adept at facilitating user
acceptance testing and end user training. Her empathetic style helps
her effectively manage client and stakeholder relationships, and
communicate project changes clearly.
Select Clients
City of Boca Raton, FL
City of Farmers Branch, TX
City of Grand Prairie, TX
City of Irving, TX
Education
BBA, Management,
Midwestern State University
Key Qualifications
23+ years of systems
implementation experience
Proven experience delivering
SDLC solutions on target
with clients’ vision
Expert in project
management, change
control, process
improvement, quality
assurance, and risk
management and response
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Corey Claflin, CAPM, COBIT
2019
Business Analyst
Corey is a staff consultant in BerryDunn’s Local
Government Practice Group. He regularly
assists local government clients with project
support. He builds off his experience gained through providing project
management services, business process improvement insight for
internal payroll systems and software analysis for efficiencies and
increased utilization.
Relevant Experience
Project Management: Corey has experience in the full project
management lifecycle, including conducting fact finding meetings,
analyzing and updating policies and procedures for efficiencies, and
updating software modules to accommodate the needs of the
company. Corey has also been responsible for the completion of
timeline milestones and adherence to budgetary restrictions.
Business Process Improvements: Corey has analyzed business
processes to provide insight on ways to streamline said business
processes which led to developing process efficiencies and updating
policies and procedures.
Project Support: Corey has provided his assistance in the
development and launching of new software systems, which involved
maintaining compliance, promoting buy-in and increasing overall
utilization, and tracking the success of the project through analysis of
the turnout rate of the online system.
Select Clients
City of Allen, TS
City of Bloomington, MN
City of DeSoto, TX
City of Detroit, MI
City of Midvale, UT
City of Worcester, MA
Collier County, FL
DeKalb County, GA
Metro Parks Tacoma, WA
Powhatan County, VA
Town of Christiansburg, VA
Town of Scarborough, ME
Washington Township, OH
Education
BA, Economics and Political
Science, University of Maine
COBIT 2019 Foundation
Certified
Certified Associate in Project
Management (CAPM)
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Nick Batey, MBA, ITIL v4
Technical Subject Matter Expert
Nick is a senior consultant in BerryDunn’s Local Government Practice Group. He
has over 20 years of experience managing a wide range responsibilities within the
IT industry. He served Chatham County, Georgia, for 25 years, most recently as
Director of IT. He has supported over 60 agencies and 3,000 people in emergency
response, life safety, administration, and judicial, among other functions. Nick prides himself in his ability
to build productive and positive work cultures fueled by strong leadership and has an eye for developing
elegant solutions to complex issues.
Relevant Experience
Technology Leadership: Nick has over 20 years of experience in technology leadership. He has led IT
staff, C-Suite, and business development in creative solutions development, as well as helped develop
efficient and effective governance, strategic direction, and policies and standards. By introducing new
systems and alternative solutions, Nick’s projects result in controlled costs and risks, and maximized
benefits that advance ease and efficiency for the organizations he serves.
IT Strategic Planning: Nick has in-depth experience with IT strategic planning. He works to establish a
clear understanding of his clients’ current environments to create roadmaps that guide action and growth,
as well as create strategic direction. His roadmaps focus on effectively leveraging team leaders,
addressing business units’ needs and requests, accommodating budgets, and developing paths forward
toward future information and communication technologies, processes, and initiatives.
Change Management: Nick collaborates with vendors, providers, and organizational stakeholders to
promote project success. In his interactions, he seeks to understand interrelationships and
interdependences, create mutually beneficial plans, and maximize community impact. Nick understands
that changes to technology and processes naturally are met with change resistance; therefore, he works
with his clients to prepare for change, as well as embrace it. As part of these efforts, he has led training
and workshops that lead to increased consensus, buy-in, ownership, and involvement. His ability to lead
diverse groups has proven critical in implementing change for a wide range of departments.
Education and Certifications
MBA, Georgia Southern University
BS, Computer Science, Armstrong Atlantic State University
Information Technology Infrastructure Library (ITIL) v4 Foundations Certified
DocuSign Envelope ID: 5CF56296-8166-4038-A171-B4B5042EAC30
Ryan Doil, MBA, Prosci® CCP,
CPPB
Procurement Lead
Ryan brings five years of experience working in
the public sector in facilities and procurement.
Through this work, Ryan offers a valuable
perspective on the effective oversight of complex, multi-
organizational government information systems management,
procurement processes and compliance, and organizational change.
Relevant Experience
Project Management: Ryan has managed projects for a number of
BerryDunn clients, including software assessment and selection
projects for the Cities of Irving, Texas; Santa Fe, New Mexico;
Shoreline, Washington; Novato, California; and Independence,
Missouri. He has additionally served in project or engagement
management roles in the implementation of software solutions for the
City of Independence, Missouri; the City of Grants Pass, Oregon; and
the Tri-County Health Department in Colorado. He also led business
process review projects for the Fairfax-Falls Church Community
Services Board in Virginia; Maine Municipal Association, ecomaine,
and the City of Biddeford, Maine. Ryan is skilled in managing the
challenges and constraints for complex, enterprise-wide projects.
RFP Development and System Selection: Leveraging his public-
sector procurement experience, as well as his knowledge of project
and software systems, Ryan is uniquely situated to facilitate the
development and issuance of effective and thorough RFPs. Working
jointly with client staff, he has helped to develop and issue more than
65 RFPs. He also has extensive experience leading organizations
through ERP system selection projects, working with stakeholder
groups to confirm current environment challenges and business
drivers, document future system requirements, and lead a
collaborative and structured system evaluation process.
Contract Negotiations: Ryan has been involved in more than 60
public sector contract negotiation processes involving large, and
complex, software and implementation services scope. Leveraging
his public sector background, best practices learned as a Certified
Professional Public Buyer (CPPB), as well as experience in
managing software implementations, Ryan is uniquely situated to
draw on this knowledge and experience to assist clients.
Select Clients
Berks County, PA
City of Alexandria, VA
City of Arlington, TX
City of Beaverton, OR
City of Boca Raton, FL
City of Cambridge, MA
City of DeSoto, TX
City of Detroit, MI
City of Frisco, TX
City of Grants Pass, OR
City of Independence, MO
City of Irvine, CA
City of Irving, TX
City of Lawrence, KS
City of Manassas, VA
City of Mesquite, TX
City of McKinney, TX
City of Santa Fe, NM
City of Shoreline, WA
City of Tucson, AZ
City of Weatherford, TX
City of Wilmington, NC
City of Worcester, MA
Louisville-Metro and Jefferson
County Government, KY
Outagamie County, WI
Education
MBA, University of Southern
Maine
BA, Political Science and
History, University of Vermont
Prosci® Certified Change
Practitioner
DocuSign Envelope ID: 5CF56296-8166-4038-A171-B4B5042EAC30
City of Denton, Texas Contract 7870
Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18
Page 14 of 20
Exhibit C
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in advance
of Bid submission the availability of insurance certificates and endorsements as prescribed
and provided herein. If an apparent low bidder fails to comply strictly with the insurance
requirements, that bidder may be disqualified from award of the contract. Upon bid award, all
insurance requirements shall become contractual obligations, which the successful bidder
shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project. Contractor may, upon written request to the Purchasing Department, ask for
clarification of any insurance requirements at any time; however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not be
modified or waived after bid opening unless a written exception has been submitted with the bid.
Contractor shall not commence any work or deliver any material until he or she receives
notification that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A- VII or better.
• Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
DocuSign Envelope ID: 5CF56296-8166-4038-A171-B4B5042EAC30
City of Denton, Texas Contract 7870
Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18
Page 15 of 20
• Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
• That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and that this
insurance applies separately to each insured against whom claim is made or
suit is brought. The inclusion of more than one insured shall not operate to
increase the insurer's limit of liability.
• Provide a Waiver of Subrogation in favor of the City of Denton, its officials,
agents, employees, and volunteers.
• Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled before the expiration date.
• Should any of the required insurance be provided under a claims-made form,
Contractor shall maintain such coverage continuously throughout the term of
this contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give
rise to claims made after expiration of the contract shall be covered.
• Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or
legal defense costs to be included in the general annual aggregate limit, the
Contractor shall either double the occurrence limits or obtain Owners and
Contractors Protective Liability Insurance.
• Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is not reinstated, City may,
at its sole option, terminate this agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1,000,000.00 shall be provided and maintained by the Contractor. The policy shall
be written on an occurrence basis either in a single policy or in a combination of
underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used:
DocuSign Envelope ID: 5CF56296-8166-4038-A171-B4B5042EAC30
City of Denton, Texas Contract 7870
Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18
Page 16 of 20
• Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures.
• Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a
combination of basic and umbrella or excess policies. The policy will include bodily
injury and property damage liability arising out of the operation, maintenance and use of
all automobiles and mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
• any auto, or
• all owned, hired and non-owned autos.
[X] Workers’ Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with
§406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's
Compensation Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which may arise
DocuSign Envelope ID: 5CF56296-8166-4038-A171-B4B5042EAC30
City of Denton, Texas Contract 7870
Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18
Page 17 of 20
in the prosecution of the work or Contractor's operations under this contract. Coverage
shall be on an "occurrence" basis, and the policy shall be issued by the same insurance
company that carries the Contractor's liability insurance. Policy limits will be at least
combined bodily injury and property damage per occurrence with a aggregate.
[X] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a “blanket” basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
DocuSign Envelope ID: 5CF56296-8166-4038-A171-B4B5042EAC30
City of Denton, Texas Contract 7870
Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18
Page 18 of 20
ATTACHMENT 1
[ ] Workers’ Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the project; and
DocuSign Envelope ID: 5CF56296-8166-4038-A171-B4B5042EAC30
City of Denton, Texas Contract 7870
Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18
Page 19 of 20
2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4) obtain from each other person with whom it contracts, and provide to the
contractor:
a) certificate of coverage, prior to the other person beginning work on the
project; and
b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
DocuSign Envelope ID: 5CF56296-8166-4038-A171-B4B5042EAC30
City of Denton, Texas Contract 7870
Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18
Page 20 of 20
materially affects the provision of coverage of any person providing services on
the project; and
7) Contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing
false or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor’s failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the governmental entity to declare the contract void if
the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
DocuSign Envelope ID: 5CF56296-8166-4038-A171-B4B5042EAC30
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the
date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day
after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
Exhibit
DocuSign Envelope ID: 5CF56296-8166-4038-A171-B4B5042EAC30
D
Berry Dunn McNeil & Parker LLC,
dba BerryDunn
12/8/2021
X
N/A
N/A
Certificate Of Completion
Envelope Id: 5CF5629681664038A171B4B5042EAC30 Status: Completed
Subject: Please DocuSign: City Council Contract 7870 - Citywide EAM Consolidation Assessment
Source Envelope:
Document Pages: 54 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 1 Cori Power
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
cori.power@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
12/3/2021 9:12:21 AM
Holder: Cori Power
cori.power@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Cori Power
cori.power@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 12/6/2021 8:31:24 AM
Viewed: 12/6/2021 8:31:33 AM
Signed: 12/6/2021 8:32:49 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 12/6/2021 8:32:54 AM
Viewed: 12/6/2021 8:44:18 AM
Signed: 12/6/2021 9:34:20 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Catherine Clifton, Interim City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 12/6/2021 9:34:26 AM
Viewed: 12/7/2021 2:08:38 PM
Signed: 12/7/2021 2:10:37 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kevin Price
KPrice@berrydunn.com
Principal
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 76.179.100.245
Sent: 12/7/2021 2:10:40 PM
Viewed: 12/8/2021 2:07:30 PM
Signed: 12/8/2021 4:43:47 PM
Electronic Record and Signature Disclosure:
Accepted: 12/8/2021 2:07:30 PM
ID: 5565f145-93c0-487d-a162-4243de5ca6f9
Signer Events Signature Timestamp
Leisha Meine
Leisha.Meine@cityofdenton.com
Chief Technology Officer
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 47.189.254.137
Sent: 12/8/2021 4:43:52 PM
Viewed: 12/8/2021 4:49:09 PM
Signed: 12/8/2021 4:49:59 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 12/8/2021 4:50:03 PM
Viewed: 2/16/2022 7:56:12 AM
Signed: 2/16/2022 7:56:25 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
Interim City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 2/16/2022 7:56:30 AM
Viewed: 2/16/2022 8:01:19 AM
Signed: 2/16/2022 8:01:23 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 2/16/2022 8:01:27 AM
Viewed: 2/16/2022 11:42:41 AM
Signed: 2/16/2022 11:42:58 AM
Electronic Record and Signature Disclosure:
Accepted: 2/16/2022 11:42:41 AM
ID: fafd0562-e7c0-44e5-b594-962af13fa26f
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 12/6/2021 8:32:54 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 12/8/2021 4:50:03 PM
Viewed: 12/9/2021 8:53:11 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 2/16/2022 11:43:02 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Stephanie Barnes
SBarnes@presidio.com
Sr. Project Manager
Security Level: Email, Account Authentication
(None)
Sent: 2/16/2022 11:43:03 AM
Viewed: 2/16/2022 12:48:40 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 2/16/2022 11:43:04 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 12/6/2021 8:31:24 AM
Certified Delivered Security Checked 2/16/2022 11:42:41 AM
Signing Complete Security Checked 2/16/2022 11:42:58 AM
Completed Security Checked 2/16/2022 11:43:04 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
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electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Kevin Price, Rosa Rios
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.