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HomeMy WebLinkAboutDonnoe & Associates, Inc - Consultant Agreement -to obtain professional testing & Assessment services for Police Captain - 09.27.23AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS AGREEMENT Agreement) is made and entered into. effective on 0 , by and between the CITY OF FRESNO, a California municipal corporation (the City), and Donnoe & Associates, Inc., Incorporated in California (the Consultant). RECITALS WHEREAS, the City desires to obtain professional testing & assessment services for Police Captain (Project); and WHEREAS, the Consultant is engaged in the business of furnishing services as a professional public agency selection and testing service and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, the Consultant acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and WHEREAS, this Agreement will be administered for the City by its City Manager (Administrator) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. The Consultant shall perform to the satisfaction of the City the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. 2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above (Effective Date) and shall continue in full force and effect through March 1, 2025, subject to any earlier termination in accordance with this Agreement. The services of the Consultant as described in Exhibit A are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement and in accordance with any performance schedule set forth in Exhibit A. 3. Compensation. (a) The Consultant's compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee not to exceed $12,500, paid on the basis of the rates set forth in the schedule of fees and expenses contained in Exhibit A. -1- ALL-S GCS Agt Not to Exceed /CAO 09-2023 (b) Detailed statements shall be rendered monthly for services performed in the preceding month and will be payable in the normal course of the City business. The City shall not be obligated to reimburse any expense for which it has not received a detailed invoice with applicable copies of representative and identifiable receipts or records substantiating such expense. (c) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to the Consultant's compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. The Consultant shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. 4. Termination Remedies and Force Ma'eure. (a) This Agreement shall terminate without any liability of the City to the Consultant upon the earlier of: (i) the Consultant's filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against the Consultant; (ii) seven calendar days prior written notice with or without cause by the City to the Consultant; (iii) the City's non -appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, the Consultant shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to the City any and all unearned payments and all properties and materials in the possession of the Consultant that are owned by the City. Subject to the terms of this Agreement, the Consultant shall be paid compensation for services satisfactorily performed prior to the effective date of termination. The Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) In the event of termination due to failure of the Consultant to satisfactorily perform in accordance with the terms of this Agreement, the City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, the City's damages caused by such failure. In no event shall any payment by the City pursuant to this Agreement constitute a waiver by the City of any breach of this Agreement which may then exist on the part of the Consultant, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach. (d) Upon any breach of this Agreement by the Consultant, the City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the -2- ALL-S GCS Agt Not to Exceed /CAO 09-2023 terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that the City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) The Consultant shall provide the City with adequate written assurances of future performance, upon Administrator's request, in the event the Consultant fails to comply with any terms or conditions of this Agreement. (f) The Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of the City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Consultant shall notify Administrator in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Administrator of the cessation of such occurrence. 5. Confidential Information and Ownership of Documents. (a) Any reports, information, or other data prepared or assembled by the Consultant pursuant to this Agreement shall not be made available to any individual or organization by the Consultant without the prior written approval of the Administrator. During the term of this Agreement, and thereafter, the Consultant shall not, without the prior written consent of the City, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of the City, including but not limited to business plans, marketing plans, financial information, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in the City. (b) Any and all writings and documents prepared or provided by the Consultant pursuant to this Agreement are the property of the City at the time of preparation and shall be turned over to the City upon expiration or termination of the Agreement. The Consultant shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. (c) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement. _3_ ALL-S GCS Agt Not to Exceed /CAO 09-2023 6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as the Consultant represents to the City that the Consultant and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, the City relies upon the skill of the Consultant and any subcontractors to do and perform such services in a skillful manner and the Consultant agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by the City shall not operate as a release of the Consultant or any subcontractors from said professional standards. 7. Indemnification. To the furthest extent allowed by law, the Consultant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses and cost to enforce this agreement) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the Consultant, its principals, officers, employees, agents, or volunteers in the performance of this Agreement. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a) Throughout the life of this Agreement, the Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than "A-VII" in the Best's Insurance Rating Guide, or (ii) as may be authorized in writing by the City's Risk Manager or designee at any time and in its sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, the Consultant or any of its subcontractorslsub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that -4- ALL-S GCS Agt Not to Exceed ICAO 09-2023 become due to the Consultant shall be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve the Consultant of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by the City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub -consultants, subcontractors, or anyone employed directly or indirectly by any of them. 9. Conflict of Interest and Non -Solicitation. (a) Prior to the City's execution of this Agreement, the Consultant shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, the Consultant shall have the obligation and duty to immediately notify the City in writing of any change to the information provided by the Consultant in such statement. (b) The Consultant shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state, and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of the City, the Consultant shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, the Consultant and the respective subcontractor(s) are in full compliance with all laws and regulations. The Consultant shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, the Consultant shall immediately notify the City of these facts in writing. -5- ALL-S GCS A9t Not to Exceed /CAO 09-2023 (c) In performing the work or services to be provided hereunder, the Consultant shall not employ or retain the services of any person while such person either is employed by the City or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) The Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit, or procure this Agreement or any rights/benefits hereunder. (e) Neither the Consultant, nor any of the Consultant's subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project unless fully disclosed to and approved by the City Manager, in advance and in writing. The Consultant and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third parry in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City Manager under this provision, the Consultant shall remain responsible for complying with Section 9(b), above. (f) If the Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, the Consultant shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. % Recycling Program. In the event the Consultant maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, the Consultant at its sole cost and expense shall: (a) Immediately establish and maintain a viable and ongoing recycling program, approved by the City's Solid Waste Management Division, for each office and facility. Literature describing the City recycling programs is available from the City's Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111. (b) Immediately contact the City's Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit and cooperate with such Division in their conduct of the audit for each office and facility. (c) Cooperate with and demonstrate to the satisfaction of the City's Solid Waste Management Division the establishment of the recycling program in paragraph (a) above and the ongoing maintenance thereof. -6- ALL-S GCS Agt Not to Exceed /CAO 09-2023 11. General Terms. (a) Except as otherwise provided by law, all notices expressly required of the City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Administrator or designee. (b) Records of the Consultant's expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of the Consultant pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to the City until such action is resolved, or until the end of said time period whichever shall later occur. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by the City, the Consultant shall have provided evidence to the City that the Consultant is licensed to perform the services called for by this Agreement (or that no license is required). If the Consultant should subcontract all or any portion of the work or services to be performed under this Agreement, the Consultant shall require each subcontractor to provide evidence to the City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. 12. Nondiscrimination. To the extent required by controlling federal, state and local law, the Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, the Consultant agrees as follows: (a) The Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. ALL-5 GCS Agt Not to Exceed 1CAO 09-2023 (b) The Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to the Consultant's employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of the Consultant's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 12. 13. Independent Contractor. (a) In the furnishing of the services provided for herein, the Consultant is acting solely as an independent contractor. Neither the Consultant, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner, or associate of the City for any purpose. The City shall have no right to control or supervise or direct the manner or method by which the Consultant shall perform its work and functions. However, the City shall retain the right to administer this Agreement so as to verify that the Consultant is performing its obligations in accordance with the terms and conditions thereof. -8- ALL-S GCS Agt Not to Exceed ICAO 09-2023 (b) This Agreement does not evidence a partnership or joint venture between the Consultant and the City. The Consultant shall have no authority to bind the City absent the City's express written consent. Except to the extent otherwise provided in this Agreement, the Consultant shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, the Consultant and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to City employees. The Consultant shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, the Consultant shall be solely responsible, indemnify, defend and save the City harmless from all matters relating to employment and tax withholding for and payment of the Consultant's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers' compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in the City employment benefits, entitlements, programs and/or funds offered employees of the City whether arising by reason of any common law, de facto, leased, or co - employee rights or other theory. It is acknowledged that during the term of this Agreement, the Consultant may be providing services to others unrelated to the City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Bindin . Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives. 16. Assignment. (a) This Agreement is personal to the Consultant and there shall be no assignment by the Consultant of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by the Consultant, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. -9- ALL-S GCS Agt Not to Exceed lCAO 09-2023 (b) The Consultant hereby agrees not to assign the payment of any monies due the Consultant from the City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). The City retains the right to pay any and all monies due the Consultant directly to the Consultant. 17. Compliance With Law. In providing the services required under this Agreement, the Consultant shall at all times comply with all applicable laws of the United States, the State of California and the City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21. Severability. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions. 22. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 23. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by reference, incorporated into and made a part of this Agreement. 25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or -1 0- ALL-S GCS Agt Not to Exceed ICAO 09-2023 conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. No Third -Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the City and the Consultant. 29. The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. The previous sentence is not intended to delegate any authority to the City Manager to administer the Agreement, any delegation of authority must be expressly included in the Agreement. [SIGNATURES FOLLOW ON THE NEXT PAGE.] _11_ ALL-S GCS Agt Not to Exceed ICAO 09-2023 IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. CITY OF FRESNO, a California municipal orporation By: p TJ Miller Interim Dtruaor No signature of City Attorney required. Standard Document ALL-S GCS Agt Not to Exceed (09-20223) has been used without modification, as certified by the undersi nd.r r ff�I r a By. q� Georgeayr ne White City Meiager ATTEST: DONNOE & ASSOCIATES, INC., Incorporated in California Name: MccAhrAL 9. pa04 DE Title: _ f12. e5 t'9C0 "T _ (If corporation or LLC., Board Chair, Pres. or Vice Pres.) Name: I Rae✓ Doi rJoE Title: tf�d (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) TODD STERMER, CMC Any Applicable Professional License: City Clerk Number: -2 � Name: By: Date of Issuance: 5trSc ['t, Nac Deputy Addresses: CITY: City of Fresno Attention: TJ Miller, Assistant City Manager 2600 Fresno Street Fresno, CA 93721 Phone:, (559) 621-7773 E-mail: tj.miller@fresno.gov CONSULTANT: DONNOE & ASSOCIATES, INC. Attention: Michael Donnoe, President 10940 Fair Oaks Blvd., Suite 700 Fair Oaks, CA 95628 Phone: 916-928-4911 E-mail: exams@donnoe.com Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Insurance Requirements 3. Exhibit C - Conflict of Interest Disclosure Form -12- ALL-S GCS Agt Not to Exceed ICAO 09-2023 EXHIBIT A SCOPE OF SERVICES Consultant Service Agreement between City of Fresno (the City) and DONNOE & ASSOCIATES, INC. (the Consultant) Police Captain Testing Services See attached Scope of Work Page 1 of 2 ALL-S GCS Agt Not to Exceed (04-2022uCAO 09-2023 SCHEDULE OF FEES AND EXPENSES See attached Schedule of Fees and Expenses Page 2 of 2 ALL-S GCS Agt Not to Exceed (042022)/CAO 09-2023 Proposal to the City of Fresno for the 2023 Police Captain Promotional Exam -A4-otawd R.OPM�� Michael R. Donnoe, President April 12, 2023 Donnoe & Associates, Inc. 10940 Fair Oaks, Blvd., Suite 700, Fair Oaks, CA 95628 (916) 928-4911 exams@donnoe.com www.donnoe.com © Donnoe & Associates, Inc. Proposal to the City of Fresno for the 2023 Police Captain Promotional Exam Management Summary Thank you for requesting a statement of qualifications and a proposal to assist the City of Fresno with the upcoming Police Captain examination. Donnoe & Associates is pleased to be able to provide the following proposal for this project. We are proposing to provide cost-effective, job related promotional exam for the City of Fresno Police Captain promotional exam. Donnoe & Associates will develop and validate all exam materials, with the review and approval of Fresno Police Department subject matter experts (SMEs). This includes exam questions, assessment exercises, and grading considerations that will be used by raters. We will work in close partnership with the Police Department to provide timely, fair, and job -related examinations. For questions regarding this proposal, please contact Michael Donnoe, President of Donnoe & Associates, Inc., at (916) 928-4911, or by email at exams(a7donnoe.corn. Company Description Donnoe & Associates was established in 1987. In this time we have provided human resource selection services for public agencies throughout the United States. Our mission is to provide reliable and valid exams that help agencies select and promote the most qualified candidates. To accomplish this we have adopted the following values: EXCELLENCE - Our performance demonstrates a commitment to and recognition of quality, dedication and innovation. We believe that the quality of our services is of utmost importance to our clients; we will not sacrifice quality for expediency. FAIRNESS - Our exams use a standardized approach, which provides a fair and impartial assessment of candidates. We treat all people with dignity, respect and consideration. SERVICE - We believe that the services we provide should enhance the mission of the client we are serving. We take pride in providing outstanding attention to every client agency we assist. © Donnoe & Associates, Inc. Our Services Our Clients • Written Tests • Cities • Online Exams • Counties • Assessment Centers • Law Enforcement Agencies • Oral Exams Prisons and Jails • Performance Tests Fire Departments • Job Analysis • State and Federal Government Agencies • Exam Scoring Universities • Merit System + Exam -Related Program Special Districts and School Districts Evaluation Our company has been providing personnel assessment services for public agencies throughout the Western United States since 1987, and have significant expertise in law enforcement examinations. Donnoe & Associates has completed 48 major exam projects for the City of Fresno, including four exams for Police Captain. The entire list with dates is shown below. Completed Police Department Exams Completed Fire Department Exams • Police Captain 2004, 2006, 2016, 2021 • Police Lieutenant 1999, 2002, 2005, 2006, 2015, 2017, 2020, 2022 • Police Sergeant 2002, 2005, 2007, 2011, 2014, 2016, 2019, 2021, 2022 • Battalion Chief 1998, 2002, 2012, 2021 • Fire Captain 1999, 2000, 2002, 2003, 2005, 2006, 2008, 2012, 2015, 2018, 2021 • Fire Engineer / Firefighter Specialist, 1999, 2001, 2003, 2004, 2011, 2014, 2015, 2016, 2017, 2018, 2020, 2021 © Donnoe & Associates, Inc. 2 Business Information for Donnoe & Associates, Inc. Shiooina / Business Address Donnoe & Associates, Inc. 10940 Fair Oaks Blvd., Suite 700 Fair Oaks, CA 95628 Phone (916) 928-4911 Toll Free (877) 22-EXAMS Fax (916) 928-0911 www.donnoe.com Incorporated in California. Corporate Officers include: 1. Michael Donnoe, President 2. William Donnoe, Vice President / Industrial Psychologist 3. Diane E. Donnoe, Chief Financial Officer Tax ID Number: 68-0427030 State of California Certified Small Business, ID Number 55257 exams(cD,donnoe.com Our Examination Expertise for the Public Sector Since 1987 Donnoe & Associates has provided over 3,000 Law Enforcement examinations for public agencies, throughout the United States — from Entry Peace Officer through Chief of Police. This includes approximately 700+ assessment centers, and 2,500+ written tests. We have successfully completed thousands of examination projects for public agencies throughout the United States. Approximately 60% of our work is in public safety, including examinations for all ranks from entry through executive jobs, in Law Enforcement, Corrections and the Fire Service. For non -safety jobs, we have provided written tests and assessment services for a full range of job titles — such as Heavy Equipment Operator, Human Resources Analyst, Accountant, and Clerical jobs. During the last six months we have also completed hundreds of written tests, online iAHQ Exams (internet-based Achievement History Questionnaires), and oral exams for general municipal jobs. © Donnoe & Associates, Inc. 3 Donnoe & Associates' Completed Assessment Center Examinations in 2022 and 2023' Santa Fe, NM, Police Sergeant, 1/22 Manteca, CA, Battalion Chief, 1/22 Piedmont, CA, Fire Lieutenant, 1/22 Piedmont, CA, Fire Captain, 1/22 Richmond, CA, Police Sergeant, 2/22 Laguna Beach, CA, Police Corporal, 2/22 Laguna Beach, CA, Police Sergeant, 2/22 El Segundo, CA, Battalion Chief, 2/22 Carlsbad, CA, Police Lieutenant, 3/22 Carlsbad, CA, Police Sergeant, 3/22 Manteca, CA, Assistant Fire Chief, 3/22 Brentwood, CA, Police Sergeant, 4/22 Bernalillo County Metropolitan Detention Center, NM, Lieutenant, 4/22 Clovis, CA, Fire Captain, 4/22 Monterey County Regional Fire Dept, CA, Fire Captain, 4/22 Manteca, CA, Fire Captain, 5/22 Palo Alto, CA, Battalion Chief, 5/22 Santa Fe, NM, Police Sergeant, 5/22 Laguna Beach, CA, Police Lieutenant, 5/22 Fountain Valley, CA, Police Corporal, 6/22 San Gabriel, CA, Police Sergeant, 6/22 Everett, WA, Police Sergeant, 6/22 Manhattan Beach, CA, Battalion Chief, 6/22 Berkeley, CA, Communications Center Manager, 7/22 • Woodland, CA, Police Sergeant, 8/22 • Woodland, CA, Police Lieutenant, 8/22 • Fresno, CA, Police Lieutenant, 9/22 • Fresno, CA, Police Sergeant, 9/22 • Santa Fe, NM, Fire Lieutenant, 10/22 • Santa Fe, NM, Fire Captain, 10/22 • Manhattan Beach, CA, Fire Captain, 10/22 • Bernalillo Sheriff's Office, NM, Sergeant, 10/22 • Laguna Beach, CA, Police Captain, 11/22 • El Cerrito, CA, Fire Captain, 11/22 • Alhambra, CA Police Lieutenant, 11/22 • Multnomah County Sheriff's Office, OR, Law Enforcement Sergeant, 11/22 • Multnomah County Sheriff's Office, OR, Corrections Sergeant, 11/22 • Dixon, CA, Police Lieutenant, 11/22 • South County Fire Authority, Tracy, CA Fire Engineer, 12/22 • Fairfield, CA, Police Sergeant, 1/23 • Fairfield, CA, Police Lieutenant, 1/23 • South County Fire Authority, Tracy, CA, Fire Captain, 3/23 • Santa Fe, NM, Police Sergeant, 3/23 • Bernalillo County Sheriffs Office, NM, Lieutenant 4/23 • Clovis, CA, Fire Battalion Chief, 4/23 ' All exams on this list were administered in Donnoe & Associates' live -remote format. © Donnoe & Associates, Inc. 4 Key Staff MICHAEL DONNOE President, and Principal Consultant As President, Michael manages the company and directs all assessment projects for Donnoe & Associates, Inc., including assessment centers, performance exams, and oral exams. Michael has worked with Donnoe & Associates, Inc. since 1995, and he has been working in a leadership role since 2001. Michael holds a Master's degree in Counseling Psychology and a Bachelor's degree in Organizational Behavior, both from the University of San Francisco. DR. WILLIAM DONNOE Vice President / Industrial Psychologist Bill has over 40 years of experience in personnel selection. Bill develops new examinations and assessment systems, and provides program evaluation and research services for clients. Bill completed his doctorate in Education, with an emphasis in Organizational Leadership, from the University of San Francisco. He also holds Master's and Bachelor's degrees in Psychology from California State University in Sacramento. He is a licensed Industrial Psychologist in California (PSY 11341-R), and a recognized expert in federal court on matters related to employment testing. LINDSAY TZUR Test Services Manager Lindsay manages written test rental services for clients of Donnoe & Associates. This includes test assembly and production of Stock Tests, Build -A -Tests, and Custom Written Tests. Lindsay additionally provides business logistical support for the company. Lindsay holds a Bachelor of Fine Arts degree from the Academy of Art University, in San Francisco. DIANE DONNOE Chief Financial Officer Diane manages accounting, contracts, and the day-to-day administrative aspects of the business. Diane has been a key part of the business since 1987. Diane holds a Bachelor's degree in Organizational Behavior from the University of San Francisco. © Donnoe & Associates, Inc. 5 Proposed Services Donnoe & Associates, Inc. (Donnoe) is proposing to provide the following assessment center exam services for the 2023 Captain promotional exam process: Protect planning. Donnoe will work in partnership with agency staff and subject matter experts (SMEs) to plan the Captain exam project, including finalizing language for the exam bulletin, establishing key dates, and reviewing all agency documents, labor contracts, and policies that provide structure and direction for the process. We will advise Fresno regarding any CA -POST requirements that come to our attention during exam planning, and that could impact, modify, or provide guidance for an exam process. Job Anal sis Process. Donnoe & Associates completed a job analysis as part of the 2021 promotional exam process for Fresno Police Captain. This analysis is still valid, and should not need to be updated for the 2023 exam cycle. We will plan to use the results of that analysis in the 2023 exam process. Any subsequent challenges to the validity of the exam that we develop can be fully supported by the 2021 analysis. For reference purposes, on 4/12/2023 we forwarded a copy of the 2021 Police Captain job analysis report to the City. Exam Devetopment. Donnoe will develop all exam materials and have these reviewed and validated by Fresno SMEs. We will work directly from the job class specifications, relevant policies, and our job analysis report, allowing direct validation of all test materials. This will ensure the validity and fairness of the testing process. For the 2023 Captain exam we envision a two -panel assessment process, as outlined below: 2023 Captain Exam 2021 Captain Exam Or Oral Examination / Qualifications Oral Examination / Qualifications Assessment Assessment Problem Analysis Exercise, with a writing Problem Analysis Exercise assignment and oral presentation Police Command Exercise / Department Resource Management Problem Each exam problem set or exercise will be custom -prepared for the Fresno Police Department and the Captain rank. We are not proposing to use any "off -the -shelf" materials in these exams. Securing Raters. Donnoe & Associates will assist the City to recruit a qualified and diverse panel of assessors for the 2023 Police Captain exam process. © Donnoe & Associates, Inc. 6 Exam Appeals. We will assist the City of Fresno's Personnel Department in the event there are any candidate appeal. We will defend the job -relatedness / validity of the tests that we develop. We will also defend the fairness of exam administration for all involved candidates. We have provided similar assistance in all past exams that we have conducted for the City. Our approach will meet or exceed all relevant regularity and professional guidelines for exam development, administration, scoring, and validation (i.e., Principles for the Validation and Use of Personnel Selection Procedures. 5th Edition, 2018, SIOP; and The Uniform Guidelines on Employee Selection Procedures, 1978), as well as current California Commission of Peace Officer Standards and Training (CA -POST) guidelines (e.g., the new requirement to address de-escalation during all promotional testing), City Personnel Department policies, and any current labor contract specifications related to employment testing. Dr. Donnoe is a qualified expert witness in Federal Court on matters related to testing. Exam Administration. There are now two options for exam administration; 1. Exam Administration with raters and candidates on -site, or 2. Live -Remote Exam Administration with raters off -site and candidates connecting by computer meeting management software, either from an off -site location, or directly on -site. For both exam administration options, Donnoe & Associates will provide: • Online assessor training and certification • Online agency proctor / exam administrator training • On-line candidate orientation • Candidate instructions • Schedules • Exam scoring, including exam feedback reports Option 1. On -Site Exam Administration. With on -site exam administration, candidates and raters are on -site. This is the model used by Fresno in the past exams with Donnoe & Associates. Option 2. Live -Remote Administration. Donnoe's validated live -remote solution will allow candidates and/or raters to be off -site. Assessment is accomplished remotely via meeting management software (e.g., Microsoft Teams or Zoom). Advantages of this model include: 1) Raters may remain in their home agencies, and 2) Candidates, if also remote, may be allowed to participate in the exam (i.e., when a process that requires them to be on -site may eliminate them from the exam). Raters being off -site can have a number of advantages for the City, including broader diversity - equity -inclusion in the overall team of raters. This has been the case with most of the Donnoe & Associates' assessment centers listed earlier this proposal (all of these assessment centers completed in 2022 and 2023, were live -remote exams). For example, the City can recruit raters from locations such as San Diego, Seattle, or Oklahoma City, and do so without any additional cost to the City (i.e., there is no need for these raters to travel). © Donnoe & Associates, Inc. 7 Rater Training. Raters will receive a link to our on-line rater training portal prior to the exam. This will be completed by raters individually. The focus of this training is how to rate, document observations, and keep the process fair for candidates. The training is self-administered and takes up to one hour to complete. Raters will receive a certificate of training after the exam process. On the day of the exam all raters will go over the exam with Donnoe staff as a group. Questions will be answered from individual raters. Next teams or panels of raters break-out and go over their specific exercise, unique rating forms, and break-up assigned questions before meeting with candidates. Assessment Scoring and Score Reports. In a Donnoe assessment center process, candidates are rated within exercises by all observing raters. When the process is completed, the City will receive a spreadsheet for each individual candidate that accounts for every rating, shows how ratings are combined within an exercise, and how ratings are combined and weighted across exercises or exam parts. Sample Agreement. We have reviewed the sample agreement and at this time we have no objections. We will provide specific feedback upon reward of a contract for this exam project. Timelines for Exam Services A complete assessment center exam process from exam planning through job analysis, will generally take at least 4 weeks. Following exam administration, score and feedback reports based on Donne's e-rating system can be ready within 24 hours. Scoring based on our printed rating forms generally requires three to four business days, after we receive the completed forms for the process. Donnoe has the staffing and resources to meet the needs of the City of Fresno. Proposed Fees Complete promotional examination for Police Captain, as described above = $12,500. This is a flat fee, with billing at the time of exam administration. This fee quotation is valid through December 31, 2023. © Donnoe & Associates, Inc. 8 References for Related Work Alhambra Police Department, CA • Kelley Fraser, Chief of Police (626) 570-5131 kfraser ahambra d.or Bernalillo County Sheriff, NM • Joshua Campos, Undersheriff (505) 468-7100 or (505) 468-7324 jcampos(a-bernco.gov Everett Police Department, WA • Mike Duerr, Civil Service Administrator (425) 257-8769 mduerr {everettwa.gov Fountain Valley Police Department, CA • Tania Knauerhaze, Principal Human Resources Analyst (714) 593-4507 Tania.Knauerhaze fountainvalle .ca. ov Fresno Police Department, CA • Sandra Chavez -Martin, HR Manager (559) 621-6988 Sandra. chavezmartin fresno. ov Inglewood Police Department, CA • Jose Cortes, Human Resources Director (310) 412-5368 Jcortes cit ofin lewood.or Laguna Beach Police Department, CA • Aggie Nesh, HR/Risk Mgr (949) 497-0311 aneshfilagunabeachcity.net Multnomah County Sheriff, OR • Jennifer Ott, Human Resources Director (503) 988-4437 jennifer.ott[a7mcso.us Or Keri Kern, HR Manager (503) 988-4437 keri.kern@_Mcso.us San Gabriel Police Department, CA • Edward Macias, Human Resources Director Emacias(a)-sgch.org (626) 308-2802 Santa Fe Police Department, NM • Ben Valdez, Deputy Chief of Police (505) 955-5040 bpvaldez_@santafenm.gov City of Tracy, CA • Naydee Rosette, HR Analyst II (209) 831-6157 Naydee.Rosette_@cityoftracy.oM Woodland Police Department, CA • Anthony Cucchi, Deputy Chief of Police (530) 661-7816 anthon .cucchi cif ofwoodland,or © Donnoe & Associates, Inc. 9 Donnoe & Associates' clients are in the green states. A partial listing of our clients is shown below. Addison, IL Albany, OR Albuquerque, NM Alhambra, CA Allied Technology Group, CA American River Fire Dist, CA Anaheim, CA Anchorage, AK Arcadia, CA Aurora, CO Arcata, CA Arcata Fire Protection Dist, CA Auburn, ME Avon, CO Azusa, CA Bakersfield, CA Baldwin Park, CA Banning, CA Bay Area Rapid Transit District (BART) Bell Gardens, CA Bellflower, CA Bellingham, WA Benton County Fire Dist, WA Berkeley, CA Bernalillo County Fire Department, NM Bernalillo County Sheriff, NM Bernalillo County Detention Center (MDC), NM Beverly Hills, CA • Bingen -White Salmon Civil Service, WA • Bothell, WA • Boulder, CO • Brea, CA • Bremerton, WA • Brighton Fire Rescue Dist, CO • Buda, TX • Burbank, CA • Burlington, WA • CA Dept of Consumer Affairs • Board of Behavioral Sciences • Board of Geologists and Geophysicists • Bureau of Automotive Repair • Contractor's State License Board • Structural Pest Control Board • CA Department of Corrections and Rehabilitation / Youth Authority • CA Department of Personnel Administration • CA Emergency Medical Services Authority • CA Highway Patrol • CA State Personnel Board • CA State University, Channel Islands • CA State University, San Bernardino • CA Water Resource Control Board • California Water Environment Association, Oakland, CA • Cambria Community Services District, CA • Carlinville, IL • Carlsbad, CA • Carpinteria, CA • Carson, CA • Cass County Sheriff, NE • Central Fire Protection District, CA • Central Kitsap Fire Rescue, WA • Chardon, OH • Cheyenne, WY • Chicago Water Reclamation Board, IL • Chico, CA • Chula Vista, CA • Clark County, WA • Clarksville Police Dept, TN • Clarksville -Montgomery County E-911, TN • Clovis, CA © Donnoe & Associates, Inc. 10 Colton, CA Compton, CA Concord, CA Consumnes Community Services Dist, CA Contra Costa Water District, CA Corona, CA Coronado, CA Corpus Christi, TX Corte Madera, CA Corvallis, OR Costa Mesa, CA Culver City, CA Cypress, CA Dearborn Heights, MI Del Mar, CA Denver, CO Des Plaines, IL Dixon, CA Douglas, AZ Douglas County, NV Douglas County Fire Dist, WA Downey, CA East Bay Reg'I Park Dist, CA East Contra Costa Fire, CA East Diablo Fire District, CA El Cajon, CA El Cerrito, CA El Dorado County Sheriff's Office, CA El Dorado County Pre -Hospital Emergency Services Ops Authority, CA El Dorado Hills Fire Dept, CA Elma, WA El Monte, CA El Segundo, CA Emeryville, CA Encinitas, CA Englewood, CO Escalon Fire Prot. Dist, CA Escondido, CA Estes Park, CO Eureka, CA Evanston, IL Everett, WA Fairfax County, VA Fallbrook Public Utility Dist, CA Ferguson, MO • Foresthill Fire Protection District, CA • Fort Collins, CO • Fort Mojave Mesa Fire Dist, AZ • Fort Osage Fire Protection District, MO • Frankfort Fire & EMS, KY • Fremont, CA • French Camp McKinley Fire District, CA • Fresno, CA • Fresno County, CA • Fullerton, CA • Gallup, NM Galt, CA • Gardena, CA • Gig Harbor, WA • Glendale, CA • Glendora, CA • Golden Gate Bridge, Highway & Transportation District • Golden One Credit Union, CA • Grass Valley, CA • Greater Los Angeles County Vector Control Dist, CA • Gustine, CA • Harrisonville, MO • Hawthorne, CA • Hays County Sheriff, TX • Henderson, NV • Hercules, CA • Hermosa Beach, CA • Huntington Beach, CA • Imperial Beach, CA • Independence MO • Inland Empire Utilities, CA • Irvine, CA • Inglewood, CA • Jackson County Fire Dist, OR • Keene Police Department, NH • Kern High School District Police Dept, CA • Kern County, CA • Kilgore, TX • King County Sheriff, WA • King County 911 Office, WA • Kings County, CA • Kittitas County Fire Dist, WA • Klickitat County, WA • Knightdale, NC • Laguna Beach, CA • Lake Hills Fire Dept, IN • Lakewood, WA • La Mirada, CA • Lancaster, CA • LaPuente Valley ROP, CA • Las Cruces, NM • Las Vegas, NV • Las Vegas Valley Water, NV • Lathrop, CA • LaVerne, CA • Lawndale, CA • Lincoln, NE • Lincoln City, OR • Livermore, CA • Livermore -Pleasanton Fire, CA • Lodi, CA • Loma Linda, CA • Long Beach, CA • Longmont, CO • Longview Fire Department, TX • Los Alamos County, NM • Los Angeles County, CA • Lower Moreland Township School District, PA • Lynden, WA • Lynnwood, WA Madera County, CA • Mammoth Lakes Police Department, CA • Mandan, ND • Manhattan Beach, CA • Manteca, CA • Marysville, WA • McFarland, CA • Meeks Bay Fire Protection District, CA • Menifee, CA • Merced, CA • Mesa Water District, CA • Metro Park Dist of Tacoma, WA • Mid -Carmel Valley Fire Dist, CA • Mill Creek, WA • Milpitas, CA • Minneapolis, MN • Mission Viejo, CA • Modesto, CA © Donnoe & Associates, Inc. 11 Modesto Irrigation District, CA Mohave County, AZ Mono County Sheriff, CA Montebello, CA Montecito Fire District, CA Monterey County Reg'I Fire Dist, CA Monterey Park, CA Montgomery County Fire, KY Montgomery County E-911, TN Moraga-Orinda Fire, CA Mountain View, CA Mukilteo Police Dept, WA Multnomah County Sheriff, OR Murrieta Fire Department, CA Nacogdoches, TX Napa, CA National City, CA New Hope, MN New Mexico State University Fire Department, NM Newark, CA Newport Beach, CA NORCOM, WA North Central Fire Prot Dist, CA North County Fire Dist, CA North Kansas City Fire, MO North Star Fire Dept, CA North Washington Fire Dist, CO Oakdale Police Department, CA Oakland, CA Oakland Housing Authority, CA Oak Park, IL Oceanside, CA Olympia, WA Olympic Valley Fire Dept, CA Ontario, CA Orange, CA Orange County, CA Orange County Fire Auth, CA Orange County Sanitation District, CA Oxnard, CA Pacific Grove, CA • Pacifica, CA • Palm Springs, CA • Palo Alto, CA • Palomar College, CA • Palos Verdes Estates, CA • Parker, CO • Pasadena, CA • Pasco, WA Pendleton Fire Dept, OR • Penryn Fire District, CA • Pico Rivera, CA • Piedmont, CA • Pierce County Sheriff, WA • Pittsburg, CA • Placer Hills Fire District, CA • Pleasant Hill, CA • Plumas County, CA • Pomona, CA • Portland Fire Bureau, OR • Portland Police Bureau, OR • Portsmouth, RI • Police Foundation, DC • Port Hueneme, CA • Port of Long Beach, CA • Port of Seattle Police Dept, WA • Portage, MI • Poway, CA • Prince William County, VA • Provo City, UT • Poudre Fire Authority, CO • Puget Sound Regional Fire Authority, WA • Puyallup, WA • Rathdrum, ID • Redondo Beach, CA • Renton, WA • Rention Regional Fire, WA Rialto, CA • Richmond, CA Riverside, CA • Rocky Mountain Fire Protect Dist, CO • Rohnert Park, CA • Rolla Fire and Rescue, MO • Rolla Rural Fire Protection District, MO • Sacramento, CA • Sacramento Housing & Redevelopment Agency, CA • Sacramento Metro Fire Dist, CA • Sacramento Municipal Utility District, CA • Sacramento Regional Transit, CA • San Bernardino, CA • San Bernardino County Employees' Retirement Association, CA • San Buena Ventura, CA • San Diego, CA • San Diego County Water Authority, CA • San Francisco, CA • San Francisco Housing Authority, CA • San Gabriel, CA • San Jose, CA • San Luis Obispo, CA • San Marcos Fire Dept, TX San Marino, CA • San Ramon Valley Fire, CA • Sandy, UT • Sanger, CA • Santa Ana, CA • Santa Ana Watershed Project Authority, CA • Santa Barbara, CA • Santa Barbara County, CA • Santa Clara Valley Transportation Authority, CA • Santa Clara Valley Water District, CA • Santa Cruz County, CA • Santa Cruz County, AZ • Santa Fe, NM • Santa Fe County, NM • Santa Fe Regional Communications Center, NM • Santa Fe Springs, CA • Santa Monica, CA • Santa Rosa, CA • Santee, CA • Scotts Bluff 911 Center, NB • Scottsdale, AZ Seal Beach, CA • Seaside, CA • Seatac, WA • Seattle, WA • Selma Fire Dept., CA • Sierra County Sheriff, CA • Sierra Madre, CA • Snohomish County, WA • Solana Beach, CA • Solano County, CA Sonora, CA © Donnoe & Associates, Inc. 12 South Coast Air Quality Mgmt District, CA South Gate, CA South Lake Tahoe, CA South Metro Fire District, CO South Pasadena, CA South San Francisco, CA Southern CA Regional Rail Authority, CA Sparks, NV Spring Fire Dept, TX St. Clair Fire Prot Dist, MO St. Johns Fire Dept, IN Stanislaus County, CA Stockton, CA Streamwood, IL Superstition Fire & Medical, AZ Sweetwater Authority, CA Syracuse, UT Tacoma, WA Taft, CA Tehachapi, CA Texarkana, TX Thurston County, WA Torrance, CA Torrington, CT Tracy, CA Truckee Fire District, CA Truckee Meadows Firet, NV Tustin,CA Truckee Meadows Regional Planning Agency, NV Tulare County, CA UC Davis Fire Dept., CA U.S.Dept of Justice — COPS, Washington DC US West Communications, CO Vacaville, CA Vallejo, CA Valley Communications Center, WA Vancouver, WA Ventura County Sheriff, CA Vernon, CA Vista, CA • Washington County Sheriffs Office, NE • Washoe County, NV • Washoe County District Health Dept, NV • Water Reclamation District of Greater Chicago, IL • Waterloo Morada Rural Fire Protection District, CA • Wausau, WI • Websters Grove, MO Wentzville Fire Protection District, MO • West Carrollton, OH • West Covina, CA • West Des Moines, IA • West Metro Fire District, CO • West Muskingum School District, OH • West Sacramento, CA • West Valley City, UT • Westminster, CA • Westminster, CO • Whiteside County Sheriff, IL • Whittier, CA • Winchester Fire & Rescue, VA Woodbridge Fire District, CA Woodland, CA • Woodlands Fire Dept, TX • Wyoming Natl Guard, WY Xenia, OH • Yocha Dehe Fire Dept., CA Yolo County, CA • Yuba City, CA • Yuma, AZ Yuma County Sheriff, AZ © Donnoe & Associates, Inc. 13 EXHIBIT B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (City) and DONNOE & ASSOCIATES, INC. (Consultant) Police Captain Testing Services MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non - owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of Insurance." 2. The most current version of Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non -owned automobiles or other licensed vehicles (Code 1- Any Auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to the Consultant's profession. MINIMUM LIMITS OF INSURANCE The Consultant, or any party the Consultant subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to the City, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. Page 1 of 4 ALL-S GCS Agt Not to Exceed (04-2022)/CAO 09-2023 2. WORKERS' COMPENSATION INSURANCE as required by the State of California with statutory limits. 3. EMPLOYER'S LIABILITY: (1) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 4. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event the Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents and volunteers. DEDUCTIBLES AND SELF -INSURED RETENTIONS The Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and the Consultant shall also be responsible for payment of any self -insured retentions. Any deductibles or self -insured retentions must be declared on the Certificate of Insurance and approved by the City's Risk Manager or designee. At the option of the City's Risk Manager or designee, either: (i) The insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees, agents and volunteers; or (ii) The Consultant shall provide a financial guarantee, satisfactory to the City's Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall the City be responsible for the payment of any deductibles or self -insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile LiabifitV insurance policies are to contain, or be endorsed to contain, the following provisions: The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. The Consultant shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 0413 and CG 20 37 04 13 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents, and Page 2 of 4 ALL-S GCS A9t Not to Exceed (04-2022)/CAO 09-2023 volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims relating to this Agreement, the Consultant's insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents, and volunteers shall be excess of the Consultant's insurance and shall not contribute with it. The Consultant shall establish primary and non- contributory status by using ISO Form CG 20 01 0413 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 2001 0413. The Workers" Com ensation insurance polic is to contain, or be endorsed to contain, the following provision: the Consultant and its insurer shall waive any right of subrogation against the City, its officers, officials, employees, agents, and volunteers. If the Professional Liability Errors and Omissions insurance oolicy is written on a claims - made form: 1. The retroactive date must be shown and must be before the effective date of the Agreement or the commencement of work by the Consultant. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by the Consultant, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first. 4. A copy of the claims reporting requirements must be submitted to the City for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non -renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to the City. The Consultant is also responsible for providing written notice to the City under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non -renewal, or reduction in coverage or in limits, the Consultant shall furnish the City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for the City, the Consultant shall provide a new certificate, and applicable endorsements, Page 3 of 4 ALL-S GCS Agt Not to Exceed (04-2022)ICAO 09-2023 evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub -consultants, subcontractors, or anyone employed directly or indirectly by any of them. VERIFICATION OF COVERAGE The Consultant shall furnish the City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City's Risk Manager or designee prior to City's execution of the Agreement and before work commences. All non -ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of the City, the Consultant shall immediately furnish the City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. SUBCONTRACTORS - If the Consultant subcontracts any or all of the services to be performed under this Agreement, the Consultant shall require, at the discretion of the City Risk Manager or designee, subcontractor(s) to enter into a separate side agreement with the City to provide required indemnification and insurance protection. Any required side agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by the City Risk Manager or designee. If no side agreement is required, the Consultant shall require and verify that subcontractors maintain insurance meeting all the requirements stated herein and the Consultant shall ensure that the City, its officers, officials, employees, agents, and volunteers are additional insureds. The subcontractors' certificates and endorsements shall be on file with the Consultant, and the City, prior to commencement of any work by the subcontractor. Page 4 of 4 ALL-S GCS Agt Not to Exceed (04-2022)/CAO 09-2023 EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST Police Captain Testina Services YES* NO 1 Are you currently in litigation with the City of Fresno or any of ❑ its agents? 2 Do you represent any firm, organization, or person who is in ❑ litigation with the City of Fresno? 3 Do you currently represent or perform work for any clients who ❑ do business with the City of Fresno? 4 Are you or any of your principals, managers, or professionals, owners or investors in a business which does business with ❑ the City of Fresno, or in a business which is in litigation with the City of Fresno? 5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Fresno employee �] who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in ❑ connection with this Project? * If the answer to any question is yes, please explain in full below. Explanation: 1 Additional page(s) attached. Signature 't Date }j14 E . b0ti E (Name) Dod"J0E -'�- I PC (Company) loom FA10. aAkeeS &L U p� (Address) 4� i 2. o A r�,s , Q-A 9 5 6 a,8 (City, State Zip)