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23-1519ORDINANCENO. 23-1519 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION. AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITHMORRIS & MCDANIEL, INC., FOR THE DEVELOPMENT AND ADMrNiSTRATiON OFPOLICE CIVIL SERVICE PROMOTIONAL ASSESSMENT CENTERS FOR THE POLICEDEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 8222 – AWARDED TO MORRIS & MCDANIEL, INC., FOR THREE (3) YEARS NOT-TO-EXCEED AMOUNT OF $96,450.00). WHEREAS, the City has solicited, received, and evaluated competitive proposals for the development and administration of Police Civil Service Promotional Assessment Centers for the Police Department; and WHEREAS, the City Manager, or a designated employee, has received, reviewed, and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals;and WHEREAS, this procurement was undertaken as part of the City’s governmental function [Police and fire protection and control]; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and acceptedherein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items in the following numbered request for proposal for materials, equipment, supplies, or services shown in the “Request Proposals” on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFPNUMBER CONTRACTOR AMOUNT 8222 Morris & McDaniel, Inc.$96,450.00 SECTION 2. That by the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, specifications, standards, quantities, and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. That should the City and person submitting approved and accepted items wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager, or their designated representative, is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities, and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or their designee. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. Th, m,ti,II t, ,pprp„, thi, ,rdin,„„ w„ m,d, by Br lb-- BcoR ,„d seconded by GuI h:1+ U/ . This ordinance waspassedand appro\,,edby thefollowing vote U-A : Aye JJJJ / 1/ Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck, District 2: Paul Meltzer, District 3 : Joe Holland, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED this the ISIR day of nbS, J+, 2023. d- - a'ERARD HUDSPETH, MAYOR ATTEST: JESUS SALAZAR, CITY SECRETARY L\\\\iII 11111 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella DN: cn=Marcella Lunn, o. aLtI enton.com, c=US Date: 2023.07.28 13:1 1 :28 -05'OO' BY: b AWEn:,I DocuSign Envelope ID: 227FC022-4AD141 Bl-AFFB-D6B5C4AAB2C4 DENTON Docusign City Council Transmittal Coversheet 8222 File Name Po11 ce Assessment Center P,rchasingContact ch'1't; ch'1'ti;- City Council Target Date AUGUST 15’ 2023 Piggy Back Option Contract Expiration Ordinance PSA Not App1 lcab1 e AUGUST 15 , 2026 23-1519 DocuSign Envelope ID: 227FC022zIAD141Bl-AFFB-D6B5C4AAB2C4 PROFESSIONAL SERVICES AGREEMENTFOR CONSULTING SERVICES FILE 8222 STATE OF TEXAS § COUNTY OF DENTON § T_HIS AGREEMENT (the “Agreement”) is made and entered into on 08/15/2023 , 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 corporateoffice 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 ICONSULTANT 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 toChapter 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 IISCOPE OF BASIC SERVICES The CONSULTANT shall perform the following services in a professional manner: City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 1 of 24 Contract 8222 DocuSign Envelope ID: 227FC022-4ADl=11Bl-AFFB-D6B5C4AAB2C4 A.The CONSULTANT shall perform all those services as necessary and as described in theOWNER’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. C. 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. CONSULTANT shall perform all those services set forth in individual task orders, asdescribed in Exhibit B, which shall be attached to this Agreement and made a parthereof 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 termsand conditions of the attached exhibits or task orders. ARTICLE IIIADDITIONAL 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. B. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. 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 outsideof and in addition to this AGREEMENT. E. F. Visits to the site in excess of the number of trips included in Exhibit B. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement. City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 2 of 24 Contract 8222 DocuSign Envelope ID: 227FC022-4AD141Bl-AFFB-D6B5C>IAAB2C4 ARTICLE IVTIME 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 VCOMPENSATION 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 apart 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 fromthe OWNER. City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 3 of 24 Contract 8222 DocuSign Envelope ID: 227FC022-4ADl=11Bl-AFFB-D6B5C4AAB2C4 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, theCONSULTANT may, after giving seven (7) days’ written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full allamounts 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 VIOBSERVATION 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 VIIRESERVED ARTICLE VIIIINDEMNITY AGREEMENT THE CONSULTANT SHALL INDEMNIFY AND SAVE AND HOLD HARMLESSTHE OWNER AND ITS OFFICERS, OFFICIALS, AGENTS, AND EMPLOYEES FROMAND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES,LOSSES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO COURT COSTS City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 4 of 24 Contract 8222 DocuSign Envelope ID: 227FC0224AD141 Bl-AFFB-D6B5C4AAB2C4 AND REASONABLE ATTORNEY FEES ASSERTED AGAINST OR INCURRED BYTHE OWNER, AND INCLUDING, WITHOUT LIMITATION, DAMAGES FORBODILY AND PERSONAL INJURY, DEATH AND PROPERTY DAMAGE,RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THECONSULTANT OR ITS OFFICERS, SHAREHOLDERS, AGENTS, OR EMPLOYEESnVCiDENTAL TO, RELATED TO, AND IN THE EXECUTION, OPERATION, ORPERFORMANCE 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 thisAgreement, 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 anappropriate 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 IXINSURANCE 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 XALTERNATIVE 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 XITERMINATION 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. City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/11/18 Page 5 of 24 Contract 8222 DocuSign Envelope ID: 227FC022-4AD141 Bl-AFFB-D6B5C4AAB2C4 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 certifiedmail, 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 toterrnrnatron. 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 oftermination, 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 copiesof such documents for its use. ARTICLE XIIRESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of theresponsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or otherwork; nor shall such approval be deemed to be an assumption of such responsibility by theOWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE XIIINOTICES 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 David M. Morris 117 South Saint Asaph Street Alexandria, Virginia 223 14 City of Denton Purchasing Manager –File 8222901B Texas Street 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. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 9/11/18 Page 6 of 24 Contract 8222 DocuSign Envelope ID: 227FC022-+ADldjIBl-AFFB-D6B5C4AAB2C4 ARTICLE XIVENTIRE 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 XVSEVERABILITY 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 provlslon.ARTICLE XVICOMPLIANCE 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 nowread or hereinafter be amended. ARTICLE XVIIDISCRIMINATION 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 XVIIIPERSONNEL A.The CONSULTANT represents that it has or will secure, at its own expense, allpersonnel 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 theOWNER. 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. City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18Page 7 of 24 Contract 8222 DocuSign Envelope ID: 227FC022-4AD141 Bl-AFFB-D6B5C4AAB2C4 ARTICLE XIXASSIGNABILITY 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 XXMODIFICATION 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 notbe waived unless as set forth herein. ARTICLE XXIMISCELLANEOUS 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 Courtfor the Eastern District of Texas-Sherman Division. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 8 of 24 Contract 8222 DocuSign Envelope ID: 227FC0224AD141 B1.AFFB-D6B5a+AAB2C4 C.For the purpose of this Agreement, thp key persons who will perform most of the work hereunder shall be Davi d M- MOEri s . 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. G. 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. 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 XXIIINDEPENDENT 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 XXIIIRIGHT TO AUDIT The OWNER shall have the right to audit and make copies of the books, records andcomputations 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, City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 9 of 24 Contract 8222 DocuSign Envelope ID: 227FC022-4AD141 Bl-AFFB-D6B5C4AAB2C4 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 ofthe terms "books", "records", "documents" and "other evidence", as used above, shall beconstrued 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 certiPes 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 aForeign 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 certifres 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 beconsidered a material breach. City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/11/18 Page 10 of 24 Contract 8222 DocuSign Envelope ID: 227FC0224AD141 Bl-AFFB-D6B5C4AAB2C4 ARTICLE XXVII Prohibition on Contracts with Companies Boycotting Certain Firearm Entities andFirearm 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 certifres 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 XXIXCERTIFICATE OF INTERESTED PARTIES ELECTRONIC FILING In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of theGovernment 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 theConsultant submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 1 1 of 24 Contract 8222 DocuSign Envelope ID: 227FC022-4AD141Bl-AFFB-D6B5C4AAB2C4 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. 2 3 4 5 6. Log onto the State Ethics Commission Website at : https://www .ethics.state.tx.us/filinginfo/ 1295/ Register utilizing the tutorial provided by the State Print a copy of the completed Form 1295 Enter the Certificate Number on page 2 of this contract. Complete and sign the Form 1295 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 XXXPROHIBITION 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 execute(1 by its duly au.thorized Ci}y Manager, and C$)NSUun72M executed this Agreementthrough its duly authorized undersigned officer on this date --'' -’' --'-- City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 12 of 24 Contract 8222 DocuSign Envelope ID: 227FC0224ADld11Bl-AFFB-D6B5C4AAB2C4 MORRIS & MCDANIEL. INC. DocuSigned by:BYi T>Mil MarHsimf@MED SIGNATURE Pdnted Name. DavId Morri s Title. Presldent 703-836-3600 PHONE NUMBER contact@mor risandmcdanie1 . com EMAIL ADDRESS 2023-998980TEXAS ETHICS COMMISSION1295 CERTIFICATE NUMBER CITY OF DENTON, TEXAS DocuSlgned by: SW14 t{eb4££4 gAR9@®€NSLEYCITY MANAGER ATTEST:JESUS SALAZAR,SECRETARY r-MLBY 2437C77B89754 1 D CITY APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY /-–-DocuSigned by:-*:I Maywlh £AMAh\ 4B070831B4AA438 City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 13 of 24 Contract 8222 DocuSign Envelope ID: 227FC022-4AD141 Bl-AFFB-D6B5C4AAB2C4 THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligationsand business terms. Megan G11 breath PRINTED NAME Deputy HR D1 rector TITLE Human Resources DEPARTMENT City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 14 of 24 Contract 8222 DocuSign Envelope ID: 227FC022-4AD141 Bl-AFFB-D6B5C4AAB2C4 Exhibit A RFP 8222 – POLICE ASSESSMENT CENTER (on file in the purchasing office) City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 15 of 24 Contract 8222 DocuSign Envelope ID: 227FC022-4AD141Bl-AFFB-D6B5C4AAB2C4 Exhibit B Consultant’s Scope of Services Offer and Project Schedule City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 16 of 24 Contract 8222 DocuSign Envelope ID: 227FC022-4AD141 Bl-AFFB-D6B5C4AAB2C4 EXHIBIT B: PROJECT APPROACH AND MANAGEME Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M.7 DocuSign Envelope ID: 227FC022-4AD141Bl-AFFB-D6B5C4AAB2C4 Project Approach and Methodology According to the RFP, it is our understanding that the City of Denton wishes to conduct promotionalexaminations with the purpose of testing the applicant's knowledges, skills, abilities, and othercharacteristics 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 openingsshould they occur. Specifically, the Respondent will 1 2. 3 4. 5. 6. 7. Meet with Human Resources and Police Personnel to conduct Job Analysis.Develop and Administer the Assessment Center for the ranks of Sergeant andLieutenant. Provide the panel members for the oral and simulation portions of the examination ifapplicable. Provide detail on your validation methodology and be consistent with the objective ofthe general validity standards set forth in the EEOC Guidelines. Provide information on how the City will access scoring results and how the proposerperforms all grading (providing scoring system information), statistical analysis, andcomputer processing necessary for the City to establish a final list 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 PoliceDepartment. We shall design assessment procedures which are: •Legally Defensible, giving deference to the requirements of the Uniform Guidelineson Employee Selection Procedures and the requirements of the City’s PersonnelRules and Regulations, where applicable. •Professionally Defensible, giving deference to the requirements of the professionalpsychological standards, specifically the Standards for Educational and Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M.8 DocuSign Envelope ID: 227FC022-4AD141Bl-AFFB-D6B5C4AAB2C4 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 andmanagement dimensions, and developing professional quality tests, assessment exercises, and past performance evaluations. Fair, providing each candidate with a clear perception of equal opportunity tocompete on the basis of their relative qualifications for promotional opportunities. •Efficient, being easy to administer and capable of accommodating the number ofcandidates 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 thekind 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 corporatefinancial 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 PoliceDepartment'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 theAssessment 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 toprovide an overview of the process and procedures to candidates, what will take place the Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M.9 DocuSign Envelope ID: 227FC022-4AD141Bl-AFFB-D6B5C4AAB2C4 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 thatthese sessions “level the playing field” and highly recommend all eligible candidates attendan orientation session. If some candidates have had previous experience with a particular promotional assessment process, they have a potential advantage due to familiarity withthe approach. By giving all candidates information about the assessment process, weeliminate errors that are referred to as methodological variance (resulting from some candidates being familiar with the process, while others are not). We also believe thatcandidate orientation sessions are beneficial in reducing adverse impact. Professional psychological standards provide guidance on candidate and test takerorientation 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 avirtual candidate orientation session lasting approximately two hours in length, with anopportunity 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 forcertain what promotional exercises will be appropriate for the tested ranks. However, thefollowing 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 Security Test Components/ContentPerformance-Based Assessment - Informed ParticipationWhat is a Performance-Based Assessment? History of Performance-Based AssessmentsPerformance-Based Assessment Dimensions Scoring the Performance-Based AssessmentPerformance-Based Assessment Exercises Administrative Logistics • • • • Preparation Strategies for Performance-Based Exercises• Rules of Conduct Test Date, Time and Location • Overall Helpful Suggestions Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M.10 DocuSign Envelope ID: 227FC0224ADldjIBl-AFFB-D6B5C4AAB2C4 We have found these candidate orientation sessions to be effective in reducing candidateanxiety regarding the assessment process. They help candidates to perform at their maximum capability and ensure that they have adequate knowledge regarding theDepartment’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, “Theorganization is obligated to make an announcement prior to assessment so that the participants will be fully informed about the program. The following basic information shouldbe given to all prospective participants: 1. 2. 3 The objectives of the program and the purpose of the performance-basedexercise . How individuals are selected to participate in the performance-basedassessment exercises. Any options the individual has regarding the choice of participating in theassessment exercises as a condition of employment, advancement,development, etc. General information on the assessor staff, including composition andassessor training .What assessment exercise materials are collected and maintained by theorganization . How the assessment exercise results will be used, and the length of time theassessment results will be maintained on file When and what kind of feedback will be given the participants.The procedure for reassessment (if any).Who will have access to the assessment exercise reports and under whatconditions? Who will be the contact person responsible for the records? Where will theresults be stored?” 4. 5. 6. 7 89. 10. Morris & McDaniel provides our clients with a virtual candidate orientation, offering a moreaccessible 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 candidateorientation 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 candidateshave 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 provideto 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 thecandidates to keep. This procedure has an excellent performance record and candidates appear to favor thismethod, because during the timeframe that the link is up, it allows them to log in and watch Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M.11 DocuSign Envelope ID: 227FC022-4ADl211 Bl-AFFB-D6B5C4AAB2C4 the virtual candidate orientation session as many times as they choose and whenever theycan • Orient the Assessment Center Review Committee (ACRC) and confer with both theChief 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/Analysiso Written and Oral Resumes/Structured Interviews o Role-Playing o Memo/Report a Writing Oral Presentation/Plano Preparation Staff Meeting a Special Event/OperationsThe consultant is not required to utilize all of the exercises but may select theexercises 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 theAssessment 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) andconfer 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: a An In-Basket Exercise including items a Supervisor might deal with, such asmemos, telephone messages, background information, a partial organizationalchart and a calendar. Candidates are to take appropriate action on each item. H A Situational Exercise consisting of hypothetical situations or questions ofgeneral inquiry. Hypothetical situations will be standardized across candidates. Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P. M.12 DocuSign Envelope ID: 227FC0224ADlz11Bl-AFFB-D6B5C4AAB2C4 U A Subordinate Problem or Counseling Exercise where the candidate ispresented with a packet of Information which he/she must study prior to thequestion/answer period. The instructions identify the role that the candidate mustassume and provide background information necessary to answer questionsasked by a Supervising Officer. a An Oral Presentation Exercise concerning a problem/situation relevant to theorganization, with identical instructions for all candidates, where the candidate must analyze the problem/situation and present a plan of action in an oralpresentation . D An Oral Tactical Exercise consisting of one or more scenarios presented tocandidates in which candidates are to respond orally, applying fire supervisoryknowledge, skills and abilities. Of course, these are only examples. If an oral examination is chosen as appropriate for thepromotional examination for the tested ranks, actual exercises and exercise content will be created in collaboration with a designated member of the Police Departments Command Staffand chosen based on the job analysis. The specific exercises developed will be tailored to theDepartment’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 examinationprocess 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/orthe ACRC to discuss the development of the selected exercises. REVIEW BY APPROVED SUBJECT MATrER EXPERTS To further ensure content validity of the written examinations or the oralexamination/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 REPRODUCTIONPURPOSES 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. Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M.13 DacuSign Envelope ID: 227FC022-4ADl-+IBl-AFFB-D6B5C4AAB2C4 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 alladministrators 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 andMr. Nassar and/or one or more senior consultants will monitor the assessors' scoringactivities during the oral examinations/performance-based exercises. The Consultant also selects the assessors for the Assessment, who shall meet the followingcriteria . •Active duty, sworn Officers of similar rank to the promotion, or above, from citieswith 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 forpromotion, 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 inthe Assessment Center. The Consultant will outline training provided to assessors and the scoring procedure bywhich 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: Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M.14 DocuSign Envelope ID: 227FC0224AD141Bl-AFFB-D6B5C4AAB2C4 • • • • • • Active duty, sworn Officers of similar rank to the promotion, or above, from citieswith 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 forpromotion; 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 promotionalprocess 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 1. Introduction ........................................................................................................... 1 II. Outline of Assessor Training Program .................................................................. 2 III. History of Performance-Based Exercises ............................................................. 5 IV. Assessment Center Principles: Standards and Ethical Considerations ............... 8V. 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 ................................................................... 45XI. 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. Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M.15 DocuSign Envelope ID: 227FC022-4ADl=11Bl-AFFB-D6B5C4AAB2C4 The performance-based exercises will be assessor scored using consensus procedures and the following scale: 7 - 6.1 Superior 6 - 5.1 Very Good5 - 4.1 Good 4 - 3.1 Clearly Competent 3 - 2.1 Needs Some Improvement 2 - 1.1 Needs Considerable Improvement1 - 0.1 Poor A seven-point scale is used to provide for adequate range. The final eligibility list may bebased 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 alsobecome 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 theassessor 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 fromdepartments 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 TESTEDRANKS 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 Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M.16 DocuSign Envelope ID: 227FC0224AD141Bl-AFFB-D6B5C4AAB2C4 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 writtenexamination 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 theresponsibility 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 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 playbackcapabilities at subsequent sessions.> Reasonable access to approved people and/or Subject Matter Experts (SMEs) in the Police Department who are knowledgeable about the testedranks > Providing Consultant with the most current general orders, performancestandards and other material to assist in the development of a valid, job-related promotional process. K is our understanding that Morris & McDaniel will be responsible for the following. The City’s/Police Department’s >Providing exam development of any and all test components, products orservices recommended Developing and providing appropriate candidate preparation resourcesrelative to all testing components of the examination process.Providing any and all materials, written or otherwise, associated with anyand all test products or services recommended as test componentsappropriate for use in the examination process. Providing and implementing security measures designedunauthorized access to Administration oral examination components for the tested ranks. Meeting, as appropriate, with the appropriate decision-makers to giveupdates on project progress. Developing and conducting candidate orientation sessionsBeing on-site throughout the administration of or the oral examinations.Adhering to schedules mutually developed by Morris & McDaniel andCity/Department decision makers. Provide scoring and analyzation of test components using scoring > > >prevent > > > > > > Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M.17 DocuSign Envelope ID: 227FC022-4ADld}IBl-AFFB-D6B5C4AAB2C4 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 AssessmentCenter 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 themto 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 theirhotel 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 oftraining 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 • • Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M.18 DocuSign Envelope ID: 227FC022-4AD141Bl-AFFB-D6B5C4AAB2C4 GSA schedule of meal cost breakdown (https://www.gsa.gov/travel-resources?qsaredirect=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 thebest 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 followingterms • • • 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 perdiem 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 groundtransportation 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 bydocumentary 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 beenexceeded . 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. Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M.19 DocuSign Envelope ID: 227FC022-4AD141 Bl-AFFB-D6B5C4AAB2C4 • Within five to ten business days of award, Consultant will schedule a meeting tomeet the ACRC, Police Department Representatives, and Civil Service Representatives.• Within 30 days of award, Consultant will schedule an orientation with the ACRC and confer withboth the Chief and the ACRC on the needs or issues affecting the design of the AssessmentCenter • 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 promotionalwritten examinations annually in January, The proposed project timeline will be based on keepingpromotional examinations in January and the Assessment Center taking place one week from thewritten examination date. • • • • The Consultant will select assessors for the Assessment 90 days prior to theAssessment Center date. The Consultant will make necessary travel arrangements 60 – 70 days prior to theAssessment 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 AssessmentCenter 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 tomeet the ACRC, Police Department Representatives, and Civil Service Representatives. Within 30 days of award, Morris & McDaniel will schedule an orientation with the ACRCand confer with both the Chief and the ACRC on the needs or issues affecting the designof the Assessment Center Within 60 days of award, Consultant will present the agreed upon Assessment CenterDesign • After successfully designing the Assessment Center, the Consultant will begin selecting theassessors for the Assessment. The Police Department has historically administered promotionalwritten 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 thewritten examination date. • Morris & McDaniel will perform all duties as outlined above the day of the AssessmentCenter • 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 theassessment center and exam events. Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M.20 DocuSign Envelope ID: 227FC0224+ADl2LIBl-AFFB-D6B5CHAAB2C4 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 fordata 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. Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M.21 DocuSign Envelope ID: 227FC022-4AD141 Bl-AFFB-D6B5C4AAB2C4 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 Morris & McDaniel’s response to RFP-822 to be opened March 29, 2023, at 1:00 P.M.22 DocuSign Envelope ID: 227FC022dIADlz11Bl-AFFB-D6B5C4AAB2C4 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 reqairements 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 theproject. Contractor may, upon written request to the Purchasing Department, ask forclarifIcation 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. AU 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. Ifrequested 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: City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 18 of 24 Contract 8222 DocuSign Envelope ID: 227FC022-4ADlzt1 Bl-AFFB-D6B5C4AAB2C4 • 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, theContractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. •Should any required insurance lapse during the contract term, requests forpayments originating after such lapse shall not be processed until the Cityreceives 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. lx 1 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. City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 19 of 24 Contract 8222 DocuSign Envelope ID: 227FC022-4AD141Bl-AFFB-D6B5C4AAB2C4 If the Commercial General Liability form (ISO Form CG 0001 current edition) isused • 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. 1x 1 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, 8100,000 per each employee, and a §500,000 policy limit for occupational disease. The City need not benamed 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, theContractor shall comply with the provisions of Attachment 1 in accordance with City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/11/18 Page 20 of 24 Contract 8222 DocuSign Envelope ID: 227FC022-4AD141Bl-AFFB-D6B5C4AAB2C4 §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). []Ownerts 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 InsuranceProfessional 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 beprovided. 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. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 21 of 24 Contract 8222 DocuSign Envelope ID: 227FC0224AD141 Bl-AFFB-D6B5C4AAB2C4 ATTACHMENT 1 []Workers’ Compensation Coverage for Building or Construction Projects forGovernmental Entities A. Definitions: Certificate of coverage ("certificate'’)-A copy of a certificate of insurance, acertificate 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 contracteddirectly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasingcompanies, 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. "Sewices" 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 endsduring 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: City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 22 of 24 Contract 8222 DocuSign Envelope ID: 227FC022-4AD141Bl-AFFB-D6B5C4AAB2C4 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 statutoryrequirements 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 thecontractor: 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; City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 23 of 24 Contract 8222 DocuSign Envelope ID: 227FC0224AD141 Bl-AFFB-D6B5C4AAB2C4 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 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. 7) 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 basedon 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 ifthe contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 24 of 24 Contract 8222 DocuSign Envelope ID: 227FC022-4ADl211Bl-AFFB-D6B5C4AABE2h4j b1 t E CONFLICT OF INTEREST QUESTIONNAIREFor vendor or other Person doing business with local governmental entit' This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. FORM CIQ This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as definedby Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a) and by City of DentonEthics 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 thIdate 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.misdemeanor.a dRy. Morr1 s & MCDanie1, Inc. An offense under this section is a 2 [X]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.) d N,m, ,fl„,1 g,„„„m,„t ,fn„, ,b,„t wh,m th, i„h,math„ i„ 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 Govemment 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 m 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?n ,”m .„, 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? El Yes m No D Describe each employment or business and family relationship with the local govemment officer named in this section 4 5 Ld 1 have no Conflict of Interest to disclose. 7 /26/2023 Mr ?ith the governmental entity Date DocuSign Envelope ID: 227FC0224AD141 Bl-AFFB-D6B5C4AAB2C4 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter l76ofthe 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 ofa federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) apurchase 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) Alocal govemment 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) acontract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vala)B (B) has given to the local government omcer ora family member ofthe officer one or more gifts that have an aggregate value ofmore than $ 100 in the 12-monthperiodpreceding the date the officer becomes aware that: (i) a contract between the local govemmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code q 176.006{a) and {a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local govemmenta1 entity and: (1) has an employment or other business relationship with a local government officer of that local govemmental entity, or a family memberofthe 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 oeicer, one or more gifts with the aggregate value specinedby 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 dayafter the later oe (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 govemmental 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 omcer. City of Denton Ethics Code Ordinance Number 18-757 Definitions: Relative: a family member related to a City Official within the third 3d 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 rightof-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 gift 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. 'orm provided by Texas Ethics Commission www. ethics .state . tx . us Revised 11/30/2015 [k>cuSign Certificate Of Completion Envelope Id: 227FC0224AD141BI AFFBD6B5C4AAB2C4 Subject: Please DocuSign: City Council Contract 8222 Police Assessment Center Status: Completed Source Envelope: Document Pages: 42 Certificate Pages: 6 Signatures: 6 AutoNav: Enabled Envelopeld Stamping: Enabled Initials: 1 Envelope Originator: Ginny Brummett 901B Texas Street Denton, TX 76209 Time Zone: (UTC-06:00) Central Time (US & Canada)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 Ginny Brummett ginny.brummett@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature Timestamp Sent: 7/25/2023 3:08:29 PM Viewed: 7/25/2023 3:08:39 PM Signed: 7/25/2023 3:08:51 PM Completed Using IP Address: 198.49.140.10 Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication(None) Sent: 7/25/2023 3:08:54 PM Viewed: 7/25/2023 3:11 :07 PM Signed: 7/25/2023 3:12:10 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 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) Sent: 7/25/2023 3:12:12 PM Viewed: 7/26/2023 3:25:51 PM Signed: 7/26/2023 3:29:44 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign David Morris morrisd@morrisandmcdaniel.com Security Level: Email, Account Authentication(None) Sent: 7/26/2023 3:29:46 PM Viewed: 7/26/2023 3:30:56 PM Signed: 7/26/2023 4:03:57 PM Signature Adoption: Pre-selected Style Using IP Address: 173.235.102.226 Electronic Record and Signature Disclosure:Accepted: 7/26/2023 3:30:56 PMtD: 52133dd2-94ff-4ff4-bde3-65b9b67566e9 Signer Events Megan Gilbreath Megan.Gilbreath@cityofdenton.com Deputy HR Director City of Denton - Human Resources Security Level: Email, Account Authentication(None) Signature Timestamp 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 'DoGuSWd hiI MI#halkKaIIL Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Electronic Record and Signature Disclosure;Accepted: 7/27/2023 6:19:44 AMID: 9d9f6ba2-def44b2d-83cc-7dd39cb21d9b Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Completed Sent: 7/27/2023 12:09:32 PM Viewed: 8/1 6/2023 8:23:28 AM Signed: 8/1 6/2023 8:23:49 AMUsing IP Address: 198.49.140.104 Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication(None) 'DocuSlgned by: 1 SMA He+4l89 .5238DB296270423 Sent: 8/16/2023 8:23:53 AM Viewed: 8/1 6/2023 8:24:49 AM Signed: 8/1 6/2023 8:24:58 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Not Offered via DocuSign Jesus Salazar jesus.salazar@cityofdenton.com Security Level: Email, Account Authentication(None) Sent: 8/16/2023 8:25:01 AM Viewed: 8/1 6/2023 10:11 :02 AM Signed: 8/1 6/2023 10:12:01 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 8/1 6/2023 10:11 :02 AMID: 68e99e28-171d4d59-b2ea-cdb9a6606856 In Person Signer Events Signature Status Timestamp Editor Delivery Events Timestamp Agent Delivery Events Status Status Timestamp Intermediary Delivery Events Timestamp Certified Delivery Events Status Status Timestamp Carbon Copy Events Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Timestamp Sent: 7/25/2023 3:08:53 PM Carbon Copy Events Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Status Timestamp Sent: 7/27/2023 12:09:32 PM Viewed: 7/27/2023 12:20:23 PM City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 8/1 6/2023 10:12:04 AM Viewed: 8/17/2023 2:42:05 PM Crystal Babcock crystal.babcock@cityofdenton.com HR Operations Supervisor City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 8/16/2023 10:12:06 AM Brandi Nordan brandi@morrisandmcdaniel.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 8/1 6/2023 10:12:07 AM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps 7/25/2023 3:08:29 PM 7/27/2023 8:31 :56 AM 7/27/2023 8:31 :56 AM 7/27/2023 8:31 :56 AM 8/1 6/2023 10:11 :02 AM 8/1 6/2023 10:12:01 AM 8/1 6/2023 10:12:07 AM Envelope Sent Envelope Updated Envelope Updated Hashed/Encrypted Security Checked Security Checked Security Checked Security Checked Security Checked Security Checked Envelope Updated Certified Delivered Signing Complete Completed Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: David Morris, Megan Gilbreath, Jesus Salazar 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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