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8222 - Contract Executed Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 PSA Not Applicable 8222 Police Assessment Center Christa Christian AUGUST 15, 2023 AUGUST 15, 2026 23-1519 City of Denton, Texas Contract 8222 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 1 of 24 PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES FILE 8222 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 Morris & McDaniel, Inc., with its corporate office at 117 South Saint Asaph Street, Alexandria, Virginia 22314, 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, the Police Assessment Center, as described in Exhibit A, 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: DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 08/15/2023 City of Denton, Texas Contract 8222 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 2 of 24 A. The CONSULTANT shall perform all those services as necessary and as described in the OWNER’s RFP 8222 – Police Assessment Center 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 C. 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. DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 City of Denton, Texas Contract 8222 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 3 of 24 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 three (3) year term, 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 C 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 $96,450.00. 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 in Article III “Additional Services,” without obtaining prior written authorization from the OWNER. DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 City of Denton, Texas Contract 8222 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 4 of 24 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 C. 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 RESERVED ARTICLE VIII INDEMNITY AGREEMENT THE CONSULTANT SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS THE OWNER AND ITS OFFICERS, OFFICIALS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO COURT COSTS DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 City of Denton, Texas Contract 8222 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 5 of 24 AND REASONABLE ATTORNEY FEES ASSERTED AGAINST OR INCURRED BY THE OWNER, AND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BODILY AND PERSONAL INJURY, DEATH AND PROPERTY DAMAGE, RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE CONSULTANT OR ITS OFFICERS, SHAREHOLDERS, AGENTS, OR EMPLOYEES INCIDENTAL TO, RELATED TO, AND IN THE EXECUTION, OPERATION, OR PERFORMANCE OF THIS AGREEMENT. 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. The duty to defend and hold harmless does not extend to the cost of defending claims brought by candidates in the promotional process unless and until there is a final determination in an appropriate forum that the injury or damage was, in fact, due to the actions of Morris & McDaniel. In such case, the duty to defend will be satisfied by reimbursement by Morris & McDaniel to the City of the reasonable costs of defending the claim in addition to the actual damages so adjudicated. If the claim is successfully defended, there is no duty on the part of Morris & McDaniel to reimburse the cost of defense. ARTICLE IX INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain insurance in compliance with the requirements of Exhibit D 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. DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 City of Denton, Texas Contract 8222 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 6 of 24 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 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 three (3) days’ mailing: To CONSULTANT: To OWNER: Morris & McDaniel, Inc. City of Denton David M. Morris Purchasing Manager –File 8222 117 South Saint Asaph Street 901B Texas Street Alexandria, Virginia 22314 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days’ mailing. DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 City of Denton, Texas Contract 8222 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 7 of 24 ARTICLE XIV ENTIRE AGREEMENT 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. DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 City of Denton, Texas Contract 8222 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 8 of 24 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 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 – RFP 8222 – POLICE ASSESSMENT CENTER (on file at the purchasing office) Exhibit B – Consultant’s Scope of Services Offer and Project Schedule Exhibit C – Consultant’s Compensation Rate Sheet Exhibit D – Consultant’s Insurance Requirements Exhibit E – 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. DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 City of Denton, Texas Contract 8222 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 9 of 24 C. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be __________________. 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 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, DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 David M. Morris City of Denton, Texas Contract 8222 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 10 of 24 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. ARTICLE XXIV Prohibition on Contracts with Companies Boycotting Israel Contractor acknowledges that in accordance with Chapter 2271 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, Contractor certifies that Contractor’s signature provides written verification to the City that Contractor: (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 Sections 2252 and 2270 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, Contractor certifies that Contractor’s signature provides written verification to the City that Contractor, pursuant to Chapters 2252 and 2270, 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 Prohibition on Contracts with Companies Boycotting Certain Energy Companies Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains written verification from the company that it (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms “boycott energy company” and “company” shall have the meanings ascribed to those terms in Section 809.001 of the Texas Government Code. By signing this agreement, Contractor certifies that Contractor’s signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the agreement. Failure to meet or maintain the requirements under this provision will be considered a material breach. DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 City of Denton, Texas Contract 8222 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 11 of 24 ARTICLE XXVII Prohibition on Contracts with Companies Boycotting Certain Firearm Entities and Firearm Trade Associations Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains written verification from the company that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms “discriminate against a firearm entity or firearm trade association,” “firearm entity” and “firearm trade association” shall have the meanings ascribed to those terms in Chapter 2274 of the Texas Government Code. By signing this agreement, Contractor certifies that Contractor’s signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. Failure to meet or maintain the requirements under this provision will be considered a material breach. ARTICLE XXVIII Termination Right for Contracts with Companies Doing Business with Certain Foreign- Owned Companies The City of Denton may terminate this Contract immediately without any further liability if the City of Denton determines, in its sole judgment, that this Contract meets the requirements under Chapter 2274, and Contractor is, or will be in the future, (i) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or other designated country (ii) directly controlled by the Government of China, Iran, North Korea, Russia, or other designated country, or (iii) is headquartered in China, Iran, North Korea, Russia, or other designated country. ARTICLE XXIX 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. DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 City of Denton, Texas Contract 8222 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 12 of 24 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/filinginfo/1295/ 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 6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 8222– 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 XXX 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. 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. 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______________________. DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 08/15/2023 City of Denton, Texas Contract 8222 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 13 of 24 MORRIS & MCDANIEL, INC. BY:______________________________ AUTHORIZED SIGNATURE Printed Name:_____________________ Title:____________________________ __________________________________ PHONE NUMBER _________________________________ EMAIL ADDRESS ___2023-998980___________________ TEXAS ETHICS COMMISSION 1295 CERTIFICATE NUMBER CITY OF DENTON, TEXAS BY: _____________________________ SARA HENSLEY CITY MANAGER ATTEST: JESUS SALAZAR, CITY SECRETARY BY: _______________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: _______________________________ DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 contact@morrisandmcdaniel.com President David Morris 703-836-3600 City of Denton, Texas Contract 8222 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 14 of 24 THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 Deputy HR Director Human Resources Megan Gilbreath City of Denton, Texas Contract 8222 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 15 of 24 Exhibit A RFP 8222 – POLICE ASSESSMENT CENTER (on file in the purchasing office) DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 City of Denton, Texas Contract 8222 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 16 of 24 Exhibit B Consultant’s Scope of Services Offer and Project Schedule DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M. 7 EXHIBIT B: PROJECT APPROACH AND MANAGEMENT DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M. 8 Project Approach and Methodology According to the RFP, it is our understanding that the City of Denton wishes to conduct promotional examinations with the purpose of testing the applicant's knowledges, skills, abilities, and other characteristics in Police Services. The final scores of these examinations will determine an applicant’s final ranking and their ability to be interviewed for any potential promotional openings should they occur. Specifically, the Respondent will 1. Meet with Human Resources and Police Personnel to conduct Job Analysis. 2. Develop and Administer the Assessment Center for the ranks of Sergeant and Lieutenant. 3. . 4. Provide the panel members for the oral and simulation portions of the examination if applicable. 5. Provide detail on your validation methodology and be consistent with the objective of the general validity standards set forth in the EEOC Guidelines. 6. Provide information on how the City will access scoring results and how the proposer performs all grading (providing scoring system information), statistical analysis, and computer processing necessary for the City to establish a final list 7. whsy BACKGROUND AND ISSUES Public safety personnel of the highest caliber are essential to ensure top-level quality services to the public and the City of Denton, Texas. There has been an increasing recognition on the part of decision makers that procedures used for promotional purposes must assess not only technical job knowledge, but also other knowledges, skills, and abilities more easily assessed with behavioral- based exercises, such as assessment centers, oral boards, professional history, etc. Only through selecting the correct procedure(s) can protective service organizations be assured of selecting promotional personnel to effectively meet the public service challenges of the future. In developing a promotional system for the City’s police department, it is important to base the promotional system design not only upon what has worked for similar organizations in the past, but also upon specific and unique characteristics of the public safety organization in question. We will first address the background and issues relevant to the promotional testing part of the project. STUDY OBJECTIVES The goal of this project is to develop valid, defensible promotional procedures for the ranks of Police Sergeant, and Police Lieutenant as needed for the City of Denton, Texas and the Denton Police Department. We shall design assessment procedures which are: • Legally Defensible, giving deference to the requirements of the Uniform Guidelines on Employee Selection Procedures and the requirements of the City’s Personnel Rules and Regulations, where applicable. • Professionally Defensible, giving deference to the requirements of the professional psychological standards, specifically the Standards for Educational and DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M. 9 Psychological Testing and the American Psychological Association, (Division 14) Principles Validation and Use of Personnel Selection Procedures: Fifth Edition. • Reliable, demonstrating high consistency in results and freedom from random error. • Job Related and Valid, using job analysis, KSA identification, knowledge source identification, linking sources to KSAs and to tasks, deriving performance and management dimensions, and developing professional quality tests, assessment exercises, and past performance evaluations. • Fair, providing each candidate with a clear perception of equal opportunity to compete on the basis of their relative qualifications for promotional opportunities. • Efficient, being easy to administer and capable of accommodating the number of candidates for the tested ranks. • Administratively Feasible in terms of the development and long-term human and fiscal compatibility with the time frames and operational cycles for the establishment of a certified list of eligibles for the tested ranks. Our overall goal is to produce an assessment system meeting these criteria. Morris & McDaniel, Inc. has over forty-seven (47) years of professional experience in providing the kind of services requested. The two principals, Dr. Morris and Mr. Nassar, have worked together for forty-six (46) of the forty-seven (47) years our firm has been in business. We have the corporate financial capabilities, and a professional staff which possesses the education and professional experience, to successfully complete your requested testing services. Upon execution of a contract we will immediately hold discussions with the City of Denton, Texas and the Denton Police Department’s project members and decision-makers to: • become better acquainted with the organization structure and management philosophy of the Department with regard to the assessment process; • identify staff that will be involved; • meet with the City of Denton, Texas and the Denton Police Department’s decision- makers and project management staff and obtain reactions to proposed methodology; and • discuss options for making the City of Denton, Texas and the Denton Police Department’s assessment system one for which all parties will be proud and determine the preferences and options for meeting project timelines. • The Consultant shall conduct an orientation for candidates prior to administering the Assessment Center. • The Consultant shall conduct orientation session(s) prior to the administration of the Assessment Center and provide appropriate handouts (if applicable). The Consultant is to provide an overview of the process and procedures to candidates, what will take place the DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M. 10 day of the Assessment Center, time frames, exercises module descriptions, recommendations for study habits, and any other appropriate information. These sessions may be conducted in joint sessions for multiple ranks if appropriate. Orientations can be conducted via video conference or in-person. DEVELOP AND CONDUCT CANDIDATE ORIENTATION SESSIONS Morris & McDaniel is a strong advocate of candidate orientation briefings. We find that these sessions “level the playing field” and highly recommend all eligible candidates attend an orientation session. If some candidates have had previous experience with a particular promotional assessment process, they have a potential advantage due to familiarity with the approach. By giving all candidates information about the assessment process, we eliminate errors that are referred to as methodological variance (resulting from some candidates being familiar with the process, while others are not). We also believe that candidate orientation sessions are beneficial in reducing adverse impact. Professional psychological standards provide guidance on candidate and test taker orientation as do the Guidelines and Ethical Considerations for Assessment Center Operations. Morris & McDaniel has over 47 years of experience in developing and conducting candidate orientation sessions for promotional assessment programs. We provide our clients with a virtual candidate orientation session lasting approximately two hours in length, with an opportunity for candidates to submit questions afterwards. Candidate Orientation written packets will also be developed and provided by our firm. At this point it is not known for certain what promotional exercises will be appropriate for the tested ranks. However, the following outline is a sample of the topics covered in candidate orientations for a promotional system with some form of a performance-based assessment (i.e., oral boards, assessment centers). Candidates are provided with information on the following topics: • Overview of the assessment center with Test Date, Time and Location • Test Security • Test Components/Content • Performance-Based Assessment - Informed Participation - What is a Performance-Based Assessment? - History of Performance-Based Assessments - Performance-Based Assessment Dimensions - Scoring the Performance-Based Assessment - Performance-Based Assessment Exercises - Administrative Logistics • Preparation Strategies for Performance-Based Exercises • Rules of Conduct • Overall Helpful Suggestions DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M. 11 We have found these candidate orientation sessions to be effective in reducing candidate anxiety regarding the assessment process. They help candidates to perform at their maximum capability and ensure that they have adequate knowledge regarding the Department’s policies and procedures for the promotional process. The Guidelines and Ethical Considerations for Assessment Center Operations (May 4, 2000) support “Informed Participation” on the part of the candidates. They state, “The organization is obligated to make an announcement prior to assessment so that the participants will be fully informed about the program. The following basic information should be given to all prospective participants: 1. The objectives of the program and the purpose of the performance-based exercise. 2. How individuals are selected to participate in the performance-based assessment exercises. 3. Any options the individual has regarding the choice of participating in the assessment exercises as a condition of employment, advancement, development, etc. 4. General information on the assessor staff, including composition and assessor training. 5. What assessment exercise materials are collected and maintained by the organization. 6. How the assessment exercise results will be used, and the length of time the assessment results will be maintained on file. 7. When and what kind of feedback will be given the participants. 8. The procedure for reassessment (if any). 9. Who will have access to the assessment exercise reports and under what conditions? 10. Who will be the contact person responsible for the records? Where will the results be stored?” Morris & McDaniel provides our clients with a virtual candidate orientation, offering a more accessible way to inform candidates. During a time period specified by the client, we will provide a video link to the candidate orientation session along with a written candidate orientation guide. The video link to the candidate orientation is available to candidates 24/7 for a limited and set amount of time. After which time, all questions that the candidates have submitted to their contact in the Department, are compiled and forwarded to us. We then provide responses to all candidate questions, which the Department will then provide to all testing candidates; thereby ensuring all candidates have the same information. After the expiry date, the link to the video will be restricted; however, the written guide is for the candidates to keep. This procedure has an excellent performance record and candidates appear to favor this method, because during the timeframe that the link is up, it allows them to log in and watch DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M. 12 the virtual candidate orientation session as many times as they choose and whenever they can. • Orient the Assessment Center Review Committee (ACRC) and confer with both the Chief and ACRC on the needs or issues affecting the design of the Assessment Center. The Consultant shall make all final decisions concerning the design and implementation of the Assessment Center. • Design the Assessment Center from the following exercises: o In-Basket Problem Solving/Analysis o Written and Oral Resumes/Structured Interviews o Role-Playing o Memo/Report o Writing Oral Presentation/Plan o Preparation Staff Meeting o Special Event/Operations The consultant is not required to utilize all of the exercises but may select the exercises or combine the listed exercises into one or more exercises that are best suited for the particular rank. The Consultant shall secure a location/training room within the City of Denton for the Assessment Center to be held. City of Denton facilities may be used at no cost. Morris & McDaniel will secure a location/training room within the City of Denton for the Assessment Center to be held. DEVELOP ORAL EXAMINATION/PERFORMANCE-BASED EXERCISES FOR THE TESTED RANKS (AS APPROPRIATE) Morris & McDaniel is a leader in developing assessment methods for measuring knowledges and supervisory skills of fire personnel. We have developed many types of tests and exercises, and we have used many different types of technology to adapt the measuring process to the demands of both the job and the administrative logistics. Morris & McDaniel will orient the Assessment Center Review Committee (ACRC) and confer with both the Chief and ACRC on the needs or issues affecting the design of the Assessment Center and shall make all final decisions concerning the design and implementation of the Assessment Center. Typical performance-based exercises that could be used are as follows: An In-Basket Exercise including items a Supervisor might deal with, such as memos, telephone messages, background information, a partial organizational chart and a calendar. Candidates are to take appropriate action on each item. A Situational Exercise consisting of hypothetical situations or questions of general inquiry. Hypothetical situations will be standardized across candidates. DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M. 13 A Subordinate Problem or Counseling Exercise where the candidate is presented with a packet of Information which he/she must study prior to the question/answer period. The instructions identify the role that the candidate must assume and provide background information necessary to answer questions asked by a Supervising Officer. An Oral Presentation Exercise concerning a problem/situation relevant to the organization, with identical instructions for all candidates, where the candidate must analyze the problem/situation and present a plan of action in an oral presentation. An Oral Tactical Exercise consisting of one or more scenarios presented to candidates in which candidates are to respond orally, applying fire supervisory knowledge, skills and abilities. Of course, these are only examples. If an oral examination is chosen as appropriate for the promotional examination for the tested ranks, actual exercises and exercise content will be created in collaboration with a designated member of the Police Departments Command Staff and chosen based on the job analysis. The specific exercises developed will be tailored to the Department’s specific needs as determined by the job analysis. We would recommend a minimum of two (2) exercises for the tested ranks if chosen to have an oral examination process. It is assumed the oral examination/performance-based exercises will measure primarily the administrative/supervisory components of the jobs. The primary objective of the assessment exercises will be to identify and rank order high potential individuals for promotion. None of our performance-based tests have had adverse impact on women or minorities. The Consultant will be available for a phone or video conference with the Chief of Police and/or the ACRC to discuss the development of the selected exercises. REVIEW BY APPROVED SUBJECT MATTER EXPERTS To further ensure content validity of the written examinations or the oral examination/performance-based exercises, Morris & McDaniel recommends an on-site review with approved Subject Matter Experts from within the City of Denton and the Denton Police Department. To ensure that the items on the written examination are correctly keyed, exercises are appropriate, terminology correct, and are properly tailored to the department and the tested rank, we recommend all test items and/or exercises reviewed by competent approved SMEs. Morris & McDaniel will be available for a phone or video conference with the Chief of Police and/or the ACRC to discuss the development of the selected exercises. INCORPORATE CHANGES AND DEVELOP FINAL COPY FOR REPRODUCTION PURPOSES Any changes recommended from the above SME review will be incorporated as appropriate. A final copy of the exercises and tests will be used for duplicating purposes by our firm. DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M. 14 Morris & McDaniel recognizes the importance of a successful exam administration. The most valid assessment can be made invalid by a faulty administration process. It is for this reason we always provide a structured test administration guide and training for all administrators and proctors. . For the oral examination Dr. Morris, Judge McMillin, Mr. Nassar, or a senior staff from our firm and other staff, affiliated with the company and knowledgeable in the company’s testing process will be on-site for supervising, administering, and proctoring the administration of the assessment center process to all eligible candidates. The procedures and logistics for administering the assessment center live to the candidates to maintain security is to include scheduling candidates and evaluators for the assessment center administration. Our firm is very experienced in providing these services, with a combined ninety-three (93) years of experience in doing so. Our firm can work with the City MONITORING THE ASSESSMENT SCORING PROCEDURES If an oral examination is chosen as appropriate for the promotional process, Dr. Morris and Mr. Nassar and/or one or more senior consultants will monitor the assessors' scoring activities during the oral examinations/performance-based exercises. The Consultant also selects the assessors for the Assessment, who shall meet the following criteria: • Active duty, sworn Officers of similar rank to the promotion, or above, from cities with a population of 200,000 or greater; • Shall not reside in Denton; • Shall not be related to any candidates for promotion; • Shall not be known to, beyond mere acquaintance, any candidates for promotion; • Shall have two (2) years of experience in the promoted or equivalent rank; and • Shall not be a current or former employee of the City of Denton. The Assessors selected shall award up to 100 points to each candidate participating in the Assessment Center. The Consultant will outline training provided to assessors and the scoring procedure by which assessors will score candidates’ exercises. ASSESSOR SELECTION AND TRAINING FOR ORAL EXAMINATION Morris & McDaniel recognizes the importance of a well-trained cadre of assessors to ensure the successful operation of public safety performance-based assessment programs. If oral examinations are chosen as appropriate for the promotional process, our firm will provide orientation and training to assessors for scoring and ensuring consistent grading standards. Morris & McDaniel will select assessors per criteria: DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M. 15 • Active duty, sworn Officers of similar rank to the promotion, or above, from cities with a population of 200,000 or greater; • Shall not reside in Denton; • Shall not be related to any candidates for promotion; • Shall not be known to, beyond mere acquaintance, any candidates for promotion; • Shall have two (2) years of experience in the promoted or equivalent rank; and • Shall not be a current or former employee of the City of Denton. Morris & McDaniel gives deference to the procedures outlined for assessor training in the Guidelines and Ethical Considerations for Assessment Center Operations. Morris & McDaniel, Inc. recommends a diverse group of assessors, equal to the tested rank or higher and including ethnic, racial, and gender diversity, be recruited and trained to rate and assess the tested ranks. A panel of four (4) assessors will be recruited and provided for each exercise with three (3) assessors seated for scoring each exercise for the tested ranks in a collaborative process in the performance-based assessment for the promotional process for the tested ranks. We will conduct a training session for the assessors immediately prior to the assessment scoring activities. A sample table of contents for assessor training is given below. TABLE OF CONTENTS I. Introduction ........................................................................................................... 1 II. Outline of Assessor Training Program .................................................................. 2 III. History of Performance-Based Exercises ............................................................. 5 IV. Assessment Center Principles: Standards and Ethical Considerations ............... 8 V. Assessment Center Dimensions and Exercises ................................................. 14 VI. Behavioral Observation and Recording ............................................................. 23 VII. Use of Assessor Report Forms ......................................................................... 26 VIII. Recognizing and Classifying Behavior by Dimensions .................................... 36 IX. Rating Behavior .................................................................................................. 41 X. Evaluating Behavior by Dimensions ................................................................... 45 XI. Practice on the Actual Exercises ........................................................................ 48 XII. Exercise #1 .............................................................................................. ........ 49 XIII. Exercise #2 ...................................................................................................... 89 XIV. Exercise #3 .................................................................................................... 150 XV. Assessment Council Activities ........................................................................ 181 XVI. Guidelines for Assessors ............................................................................... 192 XVII. Schedules and Administration ...................................................................... 194 During the training and scoring activities, each assessor will receive a written reference manual (assessor manual) for use and study and will be evaluated to determine his or her ability to: 1. Recognize, observe, and report the behaviors measured in the exercise; 2. Classify behaviors into the appropriate dimensions; and 3. Score the performance-based exercise. DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M. 16 The performance-based exercises will be assessor scored using consensus procedures and the following scale: 7 - 6.1 Superior 6 - 5.1 Very Good 5 - 4.1 Good 4 - 3.1 Clearly Competent 3 - 2.1 Needs Some Improvement 2 - 1.1 Needs Considerable Improvement 1 - 0.1 Poor A seven-point scale is used to provide for adequate range. The final eligibility list may be based on the assessment process and the score on the written test, along with the oral examination. The scores are typically converted to a 100- point scale. During the training session, the assessors will participate in a mock performance assessment to ensure that they have obtained a thorough knowledge and understanding of the assessment techniques used and of the dimensions being assessed. Their participation in this mock center will help them to acquire skill in behavior observation and recording, as well as thorough knowledge of the evaluation and rating procedures. Assessors will also become acquainted with the assessment policies and practices of the City of Denton and the Denton Police Department assessment program. For each exercise, a minimum of one (1) team of three (3) assessors of the four (4) on the assessor panel will score each candidate testing for a specific rank. No one (1) assessor will be responsible for solely observing or evaluating candidates on any exercise. Morris & McDaniel staff has years of experience assisting in and recruiting assessors from departments across the United States and planning and scheduling the recommended number of assessors for the number of candidates testing. The Assessment Center sessions shall have the capability to process five (5) or more candidates per day and be video captured by the Consultant. Candidates can review their own session pursuant to the procedures established in the Meet and Confer Agreement. Morris & McDaniel will video record all candidates performing in the Assessment Center and provide that the candidates can review their recorded exercises . Upon completion of the Assessment Center, the Consultant shall produce final Assessment Center scores to the Civil Service Director or designee. The Consultant must provide the final Assessment Center score sheet to the Civil Service Director or Designee within five (5) business days of completion of the Assessment Center. The final Assessment Center score will be applied to the written examination score in accordance with the formula outlined in the sections above and the Meet and Confer Agreement (Exhibit 1). PRESENT CITY WITH RANK-ORDERED LIST OF ELIGIBLES FOR THE TESTED RANKS The consultant will provide the final Assessment Center score sheet to the Civil Service Director or Designee within five (5) business days of completion of the Assessment Center. The final DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M. 17 Assessment Center score will be applied to the written examination score in accordance with the formula outlined in the sections above and the Meet and Confer Agreement (Exhibit 1). Our firm will provide the provide the final Assessment Center score sheet to the Civil Service Director or Designee within five (5) business days of completion of the Assessment Center. The final Assessment Center score will be applied to the written examination score in accordance with the formula outlined in the sections above and the Meet and Confer Agreement (Exhibit 1). Any photocopies necessary for the grading of exercises are the responsibility of the Consultant and to be maintained in a secured manner. When applicable, originals and copies will be given to the Civil Service Director or designee upon completion of grading. Morris & McDaniel agrees any photocopies necessary for the grading of exercises are the responsibility of the Consultant and to be maintained in a secured manner. When applicable, originals and copies will be given to the Civil Service Director or designee upon completion of grading. A Delineation of The Consultant's and The City’s/Police Department’s Responsibilities/Deliverables It is our understanding that the City/Police Department will be responsible for the following: ➢ Provide video taping of first Candidate Orientation session and playback capabilities at subsequent sessions. ➢ Reasonable access to approved people and/or Subject Matter Experts (SMEs) in the Police Department who are knowledgeable about the tested ranks. ➢ Providing Consultant with the most current general orders, performance standards and other material to assist in the development of a valid, job- related promotional process. It is our understanding that Morris & McDaniel will be responsible for the following: ➢ Providing exam development of any and all test components, products or services recommended. ➢ Developing and providing appropriate candidate preparation resources relative to all testing components of the examination process. ➢ Providing any and all materials, written or otherwise, associated with any and all test products or services recommended as test components appropriate for use in the examination process. ➢ Providing and implementing security measures designed to prevent unauthorized access. ➢ Administration oral examination components for the tested ranks. ➢ Meeting, as appropriate, with the appropriate decision-makers to give updates on project progress. ➢ Developing and conducting candidate orientation sessions ➢ Being on-site throughout the administration of or the oral examinations. ➢ Adhering to schedules mutually developed by Morris & McDaniel and City/Department decision makers. ➢ Provide scoring and analyzation of test components using scoring DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M. 18 methodologies appropriate to each component. ➢ Providing City with rank-ordered list of eligible, in Microsoft Excel format, for the tested rank upon conclusion of test scoring process. ➢ Consultant will orient the ACRC and confer with the Police Chief and the ACRC on the needs and issues affecting the design of the Assessment Center. ➢ Consultant will design the Assessment Center from among the list of approved exercises per the Meet and Confer Agreement. ➢ Consultant selects the assessors for the Assessment based on the criteria set forth in the Meet and Confer Agreement. ➢ Consultant shall conduct an orientation for promotional candidates prior to administering the Assessment Center. ➢ Consultant will videotape the assessment sessions and provide them to the Civil Service Director. The Consultant will arrange and reimburse all travel for assessors from their city of residence to Denton for necessary training and scoring activities and their return, to include: • Coach-class commercial airfare or what is more economical to the City, while accommodating the reasonable requirements of individual assessors. • Home airport parking at the lowest economy parking rate available on the airport property. Receipt required. • One checked bag fee to and from Denton. Receipts required. There will be no reimbursement for overweight charges on checked bags. • Ground transportation from the airport to the hotel supported by a taxi or shuttle receipt. Ground transportation from the hotel back to the airport will be paid by matching the arriving fee. Receipts required for reimbursement. • Reasonable reimbursement for those assessors electing to travel by private vehicle to and from the assessment location, to include mileage at the then-prevailing Federal GSA mileage reimbursement rate together with any self-parking charges during their hotel stay. In the event the hosting hotel has valet parking only, driving assessors will be reimbursed at valet rates. Mileage reimbursement will not exceed the cost of a round trip commercial airline ticket from the assessor’s home city to Dallas and return, calculated as having been booked two weeks prior to the scheduled travel date. • Individual hotel room. Accommodation to begin on the day before assessor training is to begin and ending at check-out time on the assessor’s scheduled departure date, on the day of the conclusion of the assessor ratings period. Accommodations to include in- room internet service. Receipts required. • Daily per diem to all assessors for each day of service, including the day of travel before training begins and the day of travel back to their city of residence. Per diem will be paid for each such day at the then-prevailing Federal GSA rate for meals and incidental expenses for the City of Denton, without the requirement of supporting receipts. Travel days will be at the full daily rate without consideration as to the actual travel hours of the assessor. When appropriate, breakfast and/or lunch for each day of training and scoring may be catered in order to avoid undue delays in the scoring process. In those instances where breakfast and/or lunch is catered, an appropriate reduction will be made in the daily per diem rate to the assessors using the published DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M. 19 GSA schedule of meal cost breakdown (https://www.gsa.gov/travel- resources?gsaredirect=travel). The Consultant will arrange for the assessor’s training and scoring venue: • Hotel charges for the training and scoring venue; typically, an appropriately sized meeting, training, or event room within the City of Denton (City facility or otherwise). The Consultant will negotiate the rate to obtain the best value for the City. The Consultant will not receive more than the GSA rate for hotels. The Consultant may obtain three (3) quotes from various hotels in support of due diligence in obtaining the best price for the hotel. • The Consultant shall make arrangements for coffee, snacks, and refreshments for each day of training and scoring to be available in the training/scoring venue. Reimbursement to the Consultant will be based upon submitted invoices to be paid thirty (30) days from submission to the City, with invoices being submitted and supported on the following terms: • All assessor airfares, the Consultant will submit an invoice supported by appropriate airline receipts. • Hotel meeting rooms and assessor’s rooms, the Contractor will submit an invoice supported by the hotel receipts. • One week prior to the beginning day of assessor training, the Consultant will invoice the City for an amount equal to (1) the number of assessors scheduled to attend multiplied by (2) the number of anticipated days each assessor will be receiving per diem multiplied by (3) the prevailing daily GSA rate. • As soon as practical after the first day of assessor training, the Consultant will invoice for assessor bag fees and ground transportation fees calculated in the manner set out above, supported by the arriving bag fee receipts and arriving ground transportation receipts. • As soon as practical after the first day of assessor training, the Consultant will invoice for round trip mileage for all driving assessors as calculated in the manner set out above to be supported by a Mapquest or Google Maps printout showing the mileage from the assessor’s residence address to the hotel address, and also supported by documentary evidence of estimated airline ticket cost for the same travel in order to demonstrate that the upper limit on reimbursement set out above has not been exceeded. • Immediately upon conclusion of the scoring activities, the Consultant will invoice for all hotel charges, including assessors’ individual sleep rooms, scoring venue charges, and banquet order charges for assessor refreshments, and driving assessors’ allowable parking charges, to be supported by appropriate hotel receipts and invoices. Morris & McDaniel agrees to the above terms. Proposed project timeline. • Successful Consultant is awarded contract. DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M. 20 • Within five to ten business days of award, Consultant will schedule a meeting to meet the ACRC, Police Department Representatives, and Civil Service Representatives. • Within 30 days of award, Consultant will schedule an orientation with the ACRC and confer with both the Chief and the ACRC on the needs or issues affecting the design of the Assessment Center. • Within 60 days of award, Consultant will present the agreed upon Assessment Center Design. After successfully designing the Assessment Center, the Consultant will begin selecting the assessors for the Assessment. The Police Department has historically administered promotional written examinations annually in January. The proposed project timeline will be based on keeping promotional examinations in January and the Assessment Center taking place one week from the written examination date. • The Consultant will select assessors for the Assessment 90 days prior to the Assessment Center date. • The Consultant will make necessary travel arrangements 60 – 70 days prior to the Assessment Center date. • The Consultant shall conduct orientation(s) 60 days prior to the Assessment Center date. • The Consultant will conduct assessor training one day prior to the Assessment Center date. • The Consultant will perform all duties as outlined above the day of the Assessment Center. • The Consultant will submit all invoices as outlined above. Project Proposed Timeline • Within five to ten business days of award, Morris & McDaniel will schedule a meeting to meet the ACRC, Police Department Representatives, and Civil Service Representatives. • Within 30 days of award, Morris & McDaniel will schedule an orientation with the ACRC and confer with both the Chief and the ACRC on the needs or issues affecting the design of the Assessment Center. • Within 60 days of award, Consultant will present the agreed upon Assessment Center Design. After successfully designing the Assessment Center, the Consultant will begin selecting the assessors for the Assessment. The Police Department has historically administered promotional written examinations annually in January. The proposed project timeline will be based on keeping promotional examinations in January and the Assessment Center taking place one week from the written examination date. • Morris & McDaniel will perform all duties as outlined above the day of the Assessment Center. • Morris & McDaniel will submit all invoices as outlined above. Our firm would like assistance in identifying the Subject Matter Experts with whom we will work to establish content validity for the exams and the assessment center exercises. In addition, we would appreciate some ranking officer to be available on site while we are conducting the assessment center and exam events. DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M. 21 Indemnification Morris & McDaniel, Inc., shall indemnify and save harmless forever The City of Denton, Texas, Denton Police Department and all Denton agents, officers and employees, appointees, managers, heirs, officers and assigns, etc. from and against all charges, claims, or suits resulting from any bodily injury, loss of life, or damage to property arising from any error or omission of Morris & McDaniel, Inc., its agents and employees, undertaken in the performance of this contract. Computer Capability and IT Resources The offices of Morris & McDaniel use the most advanced and up to date computer technology for data analysis as well as other functions. These systems are maintained and supported by our in- house IT department to ensure maximum uptime and data security. Data analysis is performed with standard statistical applications software (e.g., SPSS), as well as with custom software written in-house. Data input is accomplished by scanning answer sheets compatible with any Scantron Series format, or NCS format, into our high-speed scanners. We also have the capability of designing customized scannable answer sheets using Teleform software. Documents may also be input with page scanning and optical character recognition using our scanners. Documents and numerical data may be sent via e-mail or downloaded from our secure web servers by clients at their convenience. Additionally, data may be sent on media in the following formats: USB flash drive, DVD, or CD ROM. This allows for a wide range of input options. Output may be requested by, laser-printed form, USB flash drive, DVD, FTP, or on CD ROM. Morris & McDaniel also uses advanced technology to facilitate productive project management. We have access to Microsoft Teams as well as Cisco WebEx system for Internet video conferencing. We also have the capability to deliver surveys online via commercial software products, and we use the latest in graphics software to assist with the presentation of project information and data. DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M. 22 EXHIBIT C: Pricing Schedule The price of the professional services, to include development and implementation of the Assessment Center, coordinating and making arrangements for the Assessors of the Assessment Center, conducting and scoring the Assessment Center, as well as any follow-up testing needs that may arise. Our pricing is based on concurrent testing of both ranks Sgt. - $16,500.00Lt. - $12,500.00 DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 City of Denton, Texas Contract 8222 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 18 of 24 Exhibit D 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: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 City of Denton, Texas Contract 8222 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 19 of 24 • 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. DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 City of Denton, Texas Contract 8222 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 20 of 24 If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • 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 DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 City of Denton, Texas Contract 8222 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 21 of 24 §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 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: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 City of Denton, Texas Contract 8222 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 22 of 24 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: DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 City of Denton, Texas Contract 8222 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 23 of 24 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 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; DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 City of Denton, Texas Contract 8222 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 24 of 24 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 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: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 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) and by City of Denton Ethics Code, Ordinance 18-757. 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 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relations hip with the local government 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 176.00 1(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 DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4Exhibit E Morris & McDaniel, Inc. X X 7/26/2023 X X X CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (A) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. City of Denton Ethics Code Ordinance Number 18-757 Definitions: Relative: a family member related to a City Official within the third 3rd degree of affinity (marriage) or consanguinity (blood or adoption) City Official: for purpose of this article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning and zoning Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition does not include those property owners from whom the City acquires public right-of-way or other real property interests for public use. Per the City of Denton Ethics Code, Section 2-273. – Prohibitions (3) It shall be a violation of this Article for a Vendor to offer or give a Gift to City Official exceeding fifty dollars ($50.00) per gift, or multiple gifts cumulatively valued at more than two hundred dollars ($200.00) per a single fiscal year. Per the City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibility If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 DocuSign Envelope ID: 227FC022-4AD1-41B1-AFFB-D6B5C4AAB2C4 Certificate Of Completion Envelope Id: 227FC0224AD141B1AFFBD6B5C4AAB2C4 Status: Completed Subject: Please DocuSign: City Council Contract 8222 Police Assessment Center Source Envelope: Document Pages: 42 Signatures: 6 Envelope Originator: Certificate Pages: 6 Initials: 1 Ginny Brummett AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 Ginny.Brummett@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original 7/25/2023 3:06:33 PM Holder: Ginny Brummett Ginny.Brummett@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Ginny Brummett ginny.brummett@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 7/25/2023 3:08:29 PM Viewed: 7/25/2023 3:08:39 PM Signed: 7/25/2023 3:08:51 PM 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: 7/25/2023 3:08:54 PM Viewed: 7/25/2023 3:11:07 PM Signed: 7/25/2023 3:12:10 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Mack Reinwand City Attorney City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 7/25/2023 3:12:12 PM Viewed: 7/26/2023 3:25:51 PM Signed: 7/26/2023 3:29:44 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign David Morris morrisd@morrisandmcdaniel.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 173.235.102.226 Sent: 7/26/2023 3:29:46 PM Viewed: 7/26/2023 3:30:56 PM Signed: 7/26/2023 4:03:57 PM Electronic Record and Signature Disclosure: Accepted: 7/26/2023 3:30:56 PM ID: 52133dd2-94ff-4ff4-bde3-65b9b67566e9 Signer Events Signature Timestamp Megan Gilbreath Megan.Gilbreath@cityofdenton.com Deputy HR Director City of Denton - Human Resources Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 7/26/2023 4:04:00 PM Resent: 7/27/2023 8:31:56 AM Viewed: 7/27/2023 10:28:28 AM Signed: 7/27/2023 12:09:29 PM Electronic Record and Signature Disclosure: Accepted: 7/27/2023 6:19:44 AM ID: 9d9f6ba2-def4-4b2d-83cc-7dd39cb21d9b 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: 7/27/2023 12:09:32 PM Viewed: 8/16/2023 8:23:28 AM Signed: 8/16/2023 8:23:49 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 8/16/2023 8:23:53 AM Viewed: 8/16/2023 8:24:49 AM Signed: 8/16/2023 8:24:58 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jesus Salazar jesus.salazar@cityofdenton.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 8/16/2023 8:25:01 AM Viewed: 8/16/2023 10:11:02 AM Signed: 8/16/2023 10:12:01 AM Electronic Record and Signature Disclosure: Accepted: 8/16/2023 10:11:02 AM ID: 68e99e28-171d-4d59-b2ea-cdb9a6606856 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 Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Sent: 7/25/2023 3:08:53 PM 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: 7/27/2023 12:09:32 PM Viewed: 7/27/2023 12:20:23 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 8/16/2023 10:12:04 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Crystal Babcock crystal.babcock@cityofdenton.com HR Operations Supervisor City of Denton Security Level: Email, Account Authentication (None) Sent: 8/16/2023 10:12:06 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Brandi Nordan brandi@morrisandmcdaniel.com Security Level: Email, Account Authentication (None) Sent: 8/16/2023 10:12:07 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 7/25/2023 3:08:29 PM Envelope Updated Security Checked 7/27/2023 8:31:56 AM Envelope Updated Security Checked 7/27/2023 8:31:56 AM Envelope Updated Security Checked 7/27/2023 8:31:56 AM Certified Delivered Security Checked 8/16/2023 10:11:02 AM Signing Complete Security Checked 8/16/2023 10:12:01 AM Completed Security Checked 8/16/2023 10:12:07 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 you certain written notices or disclosures. 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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: David Morris, Megan Gilbreath, Jesus Salazar 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.