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CONTRACT 6264 Professional Services Agreement
Agreement No. 6264 Agreement No. [City Clerk assigns]_ • PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND DONNOE & ASSOCIATES, INC. This AGREEMENT is made and entered into this 10th day of December, 2021, by and between the CITY OF EL SEGUNDO, a municipal corporation and general law city ("CITY") and DONNOE & ASSOCIATES, INC., a California Corporation ("CONSULTANT"). The parties agree as follows: 1. CONSIDERATION. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed Twenty thousand dollars ($20,000) for CONSULTANT's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A," which is incorporated by reference. 2. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit "A," which is incorporated by reference. B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to City of El Segundo Professional Services (REV 2018.05) Page 1 of 11 Agreement No. 6264 Agreement No. [City Clerk assignsj_ cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. 4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "A") the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. 5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 6. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT agrees that it has: i. Carefully investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 7. TERM. The term of this Agreement will be from December 10, 2021 to December 31, 2022. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit "A"; City of El Segundo Professional Services (REV 2018.05) Page 2 of 11 Agreement No. 6264 Agreement No. _[City Clerk assigns]_ B. Termination as stated in Section 15. 8. TIME FOR PERFORMANCE. A. CONSULTANT will not perform any work under this Agreement until: CONSULTANT furnishes proof of insurance as required under Section 22 of this Agreement; and ii. CITY gives CONSULTANT a written notice to proceed. B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk. 9. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty-eight (48) hours, in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services. 10. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. 11. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 12.TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 13.PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any City of El Segundo Professional Services (REV 2018.05) Page 3of11 Agreement No. 6264 Agreement No. [City Clerk assigns]_ subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 15. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. B. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date. C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT's own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 16.OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. 17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will City of El Segundo Professional Services (REV 2018.05) Page 4 of 11 Agreement No. 6264 Agreement No. [City Clerk assigns]_ be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 18.INDEMNIFICATION. A. CONSULTANT agrees to the following: Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT's officers, agents, employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY's sole negligence or willful misconduct. ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY's sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 22, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to City of El Segundo Professional Services (REV 2018.05) Page 5 of 11 Agreement No. 6264 Agreement No. [City Clerk assigns]_ the provisions concerning indemnification. 19.ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 20.INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which it is performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 21.AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 22.INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits Commercial general liability: $2,000,000 Professional Liability $1,000,000 Workers compensation Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence City of El Segundo Professional Services (REV 2018.05) Page 6 of 11 Agreement No: 6264 Agreement No. [City Clerk assigns]_ for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. C. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. D. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." E. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 155. 23. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. 24.INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. City of El Segundo Professional Services (REV 2018.05) Page 7 of 11 Agreement No. 6264 Agreement No. _[City Clerk assigns]_ 25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: If to CONSULTANT: Donnoe & Associates, Inc. 10940 Fair Oaks Blvd, Suite 700 Fair Oaks, CA 95628 Attention: Michael R. Donnoe Phone: (916) 928-4911 Email: exams@donnoe.com If to CITY: City of El Segundo 350 Main Street El Segundo, CA 90245 Attention: Human Resources Dept Phone: (310) 524-2381 Email: hr@elsegundo.org Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. 27.SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 28.THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. 29.INTERPRETATION. This Agreement was drafted in and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement. City of El Segundo Professional Services (REV 2018.05) Page 8 of 11 Agreement No. 6264 Agreement No. [City Clerk assigns]_ 31. ENTIRE AGREEMENT. This Agreement, and its Exhibit(s), sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 33. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 34.AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. 35.ACCEPTANCE OF ELECTRONIC SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic (pdf) or facsimile transmission. Such electronic or facsimile signature will be treated in all respects as having the same effect as an original signature. 36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 37.TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 38. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other. 39.STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, City of El Segundo Professional Services (REV 2018.05) Page 9 of 11 Agreement No. 6264 Agreement No. [City Clerk assigns]_ service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. [Signatures on next page] City of El Segundo Professional Services (REV 2018.05) Page 10 of 11 Agreement No. 6264 Agreement No. _[City Clerk assigns]_ IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinabove written. CITY OF EL SEGUNDO DONNOE & ASSOCIATES, INC. Re6eZ—ca' kedyk, Michael R. Donnoe, Director of Human Resources President ATTEST: AA for Tracy Weaver, City Clerk APPROVED AS TO FORM: Joaquin Vazquez, Deputy City Attorney for: Ma ikk D. Hensley, City Attorney INSURANCE REVIEW: Hank Lu, Risk Manager City of El Segundo Professional Services (REV 2018.05) Page 11 of 11 Agreement No. 6264 EXHIBIT "A" 2022 Proposal to the City of El Segundo for Fire Battalion Chief Assessment Services December 10, 2021 Michael R. Donnoe, President A 111111111, Donnoe & Associ"ales, Inc. 10940 Fair Oaks, Blvd., Suite 700, Fair Oaks, CA 95628 (916) 928-4911 examsadonnoe.com www.donnoe.com Agreement No. 6264 I Proposal to the City of El Segundo for Fire Battalion Chief Assessment Services Company Description Donnoe & Associates was established in 1987. For the past 35 years we have provided human resource selection services for public agencies throughout the United States. The full range of services that we provide for public agencies include: Written Tests Online Exams Assessment Centers Oral Exams Performance Tests Job Analysis Exam Scoring Merit System + Exam -Related Program Evaluation Our clients include: State and Federal Government Cities Counties Fire Departments Law Enforcement Agencies Prisons and Jails Universities Special Districts and School Districts 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. 1 Agreement No. 6264 Donnoe & Associates has been working with the City of El Segundo since 2001. During this time, we have completed the following exams for the City: Written Tests and On -Line iAHQ ExamsComplete Assessment Projects (job analysis, (stand-alone test rental projects) written testing, and assessment center) • Accountant, 2018 • Admin Specialist / License Permit Specialist 1/11, 2016, 2017, 2018 • Building Inspector, 2017 • Entry Level Maintenance Worker, 2009, 2017, 2019, 2020 • Deputy City Treasurer 11, 2013 • Fire Engineer, 2019 • Human Resources Analyst, 2009, 2016 • Library Clerk, 2021 • Payroll Accountant, 2014, 2021 • Parks Maintenance Worker 1/11, 2014 • Payroll Accountant, 2021 • Police Assistant 1/11, 2017, 2018, 2019, 2020, 2021 • Senior Administrative Specialist, 2021 • Senior Clerical/ Account Clerk, 2009 • Senior Clerical / Executive Assistant, 2011 • Skilled Firefighter EMT, 2016, 2018, 2020 • Utility Worker, 2019 • Fire Engineer, 2003 • Fire Battalion Chief, 2003, 2006 • Fire Captain, 2001, 2003 ' "iAHQ" is Donnoe & Associates' online / internet-based Achievement History Questionnaire exam process. © Donnoe & Associates, Inc. 2 EXHIBIT "A" Agreement No. 6264 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), 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. 3 EXHIBIT "A" Agreement No. 6264 Clients and References We have recently completed fire service examinations for the following clients: Agency Contact Information Completed Fire Services Exam Projects Clovis, CA John Bineaki, Fire Chief Fire Engineer. Fire Captain (559)324-2200 Hollister, CA Phil Roasi, BCTraining /[}ps Fire Enginoer, Fire Captain (831)830-4325Ex±1503 La Verne, CA Kirk Gummero, Fire Chief Fine Battalion Chief (909)590-5991 Monterey County Fire, CA David GargenU, Oopuh/ Fire Fire Division Chief, Fire Chief (831)455-1828 Captain San Gabriel, CA Steven Wallace, Fire Chief Fire Engineer Fire Captain Santa Fe, INIM Tracy Fire, CA Eli Frick, Training Chief (505)055-3510 Randall Bradley, Fire Chief Fire Enginoer, Fire Rescue Technician, Fire Lieubanent, Fire Captain Fire Engineer, Fire Captain. Fire Battalion Chief @Donnoa&Associates, Inc. 4 Agreement No. 6264 EXHIBIT "A" Donnoe & Associates' Assessment Center Exam Projects Completed in 2021 2 Law Enforcement Fire Service Agency Rank Examined I Agency Rank Examined Alhambra, CA Asst Chief of Police Bernalillo County, NM Corrections Sgt Bernalillo County, NM Corrections Lt. Bernalillo County, NM Sheriff Lieutenant Beverly Hills, CA Police Sergeant Carlsbad, CA Comm Supervisor Carlsbad, CA Police Sergeant Dixon, CA Police Sergeant Fresno, CA Police Sergeant Fresno, CA Police Captain Inglewood, CA Police Sergeant Inglewood, CA Police Sergeant Multnomah County, OR Law Enf. Sergeant Multnomah County, OR Corrections Sgt. Rialto, CA Police Corporal Rialto, CA Police Sergeant Rialto, CA Police Lieutenant Richmond, CA Police Lieutenant Santa Fe, NM Police Sergeant (2) Clovis, CA Fire Engineer East Contra Costa, CA Fire Engineer Everett, WA Medical Serv. Officer Hollister, CA Fire Captain Hollister, CA Fire Engineer Monterey County, CA Fire Division Chief San Gabriel, CA Fire Engineer Santa Fe, NM Fire Captain Santa Fe, NM Fire Lieutenant Tracy, CA Fire Battalion Chief Tracy, CA Fire Engineer Tracy, CA Fire Captain '- All except one of these 32 assessments completed by Donnoe & Associates during 2021 have been LIVE -REMOTE processes. The single exam project completed by our staff, on - site, was contracted in that manner in 2020 and completed in 2021. All assessments were managed by Michael Donnoe, President of Donnoe & Associates, Inc. © Donnoe & Associates, Inc. 5 EXHIBIT "A" Agreement No. 6264 Our Clients are in the Green States. • Addison, IL CA Dept of Consumer Affairs Chula Vista, CA • Albany, OR Board of Behavioral • Clark County, WA • Albuquerque, NM Sciences Clarksville Police Dept, TN • Alhambra, CA Board of Geologists and Clarksville -Montgomery County • Allied Technology Group, CA Geophysicists E-911, TN • American River Fire Dist, CA Bureau of Automotive • Clovis, CA • Anaheim, CA Repair Colton, CA • Anchorage, AK Contractor's State License Compton, CA • Arcadia, CA Board Concord, CA • Aurora, CO • Structural Pest Control • Consumnes Community • Arcata, CA Board Services Dist, CA • Arcata Fire Protection Dist, CA • CA Department of Corrections Contra Costa Water District, CA • Auburn, ME and Rehabilitation / Youth • Corona, CA • Avon, CO Authority Coronado, CA • Azusa, CA CA Department of Personnel Corpus Christi, TX • Bakersfield, CA Administration Corte Madera, CA • Baldwin Park, CA CA Emergency Medical Corvallis, OR • Banning, CA Services Authority Costa Mesa, CA • Bay Area Rapid Transit District CA Highway Patrol Culver City, CA (BART) CA State Personnel Board Cypress, CA • Bell Gardens, CA CA State University, Channel Dearborn Heights, MI • Bellflower, CA Islands • Del Mar, CA • Bellingham, WA CA State University, San • Denver, CO • Benton County Fire Dist, WA Bernardino Des Plaines, IL • Berkeley, CA CA Water Resource Control Dixon, CA • Bernalillo County Fire Board Douglas, AZ Department, NM California Water Environment Douglas County, NV • Bernalillo County Sheriff, NM Association, Oakland, CA • Douglas County Fire Dist, WA • Bernalillo County Detention Cambria Community Services Downey, CA Center (MDC), NM District, CA East Bay Reg1 Park Dist, CA • Beverly Hills, CA Carlinville, IL East Contra Costa Fire, CA • Bingen -White Salmon Civil Carlsbad, CA East Diablo Fire District, CA Service, WA Carpinteria, CA El Cajon, CA • Bothell, WA Carson, CA El Cerrito, CA • Boulder, CO Cass County Sheriff, NE El Dorado County, CA • Brea, CA Central Fire Protection Dist, CA El Dorado Emergency Svcs, CA • Bremerton, WA Central Kitsap Fire Rescue, WA El Dorado Hills Fire • Brighton Fire Rescue Dist, CO Chardon, OH Department, CA • Buda, TX Cheyenne, WY Elma, WA • Burbank, CA Chicago Water Reclamation, IL El Monte, CA • Burlington, WA Chico, CA El Segundo, CA © Donnoe & Associates, Inc. 6 EXHIBIT "A" Agreement No. 6264 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, 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 • Modesto Irrigation District, CA • Mohave County, AZ • Mono County Sheriff, CA • Montebello, CA • Montecito Fire District, CA • Monterey County Reg'] 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 Department, 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 Donnoe & Associates, Inc. 7 EXHIBIT "A" Agreement No. 6264 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 Reg'I 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 • 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 Department, 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 Fire Dept, 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. 8 Agreement No. 6264 EXHIBIT "A" Proposed Exam Services Job Analysis and Exam Planning We envision a partnership between our staff, City Human Resources, and City Fire. We will begin the process with careful exam planning in which responsibilities of each party will be discussed and finalized, time frames will be set, and a job analysis will be planned. The job analysis will involve an electronic survey constructed by Donnoe and distributed by email to Fire Department subject matter experts. This questionnaire will be designed around the current job class specification, the organization chart for the Fire Department, and discussions with Fire management. As a result of this analysis we will formulate the rating dimensions that later become the basis of the assessment process. Exam Development Donnoe staff take full responsibility for development of all exam elements, questions, exercises, grading criteria, and scoring forms. These materials must then be reviewed by Fire Department subject matter experts to ensure validity, and concurrence with Fire policy and procedures. For a Fire Battalion Chief assessment process, we normally recommend the following types of exam elements — to be confirmed by the job analysis and discussion with Fire subject matter experts. Recommended BC Exam Format Test Elements Considerations Written Multiple Choice Test This is highly recommended where the recruitment base includes internal and external candidates. This should be a Pass / Fail process. A reading list may be issued with the exam bulletin. The exam should be based entirely on widely available reference materials, rather than internal policies and procedures, to avoid a negative impact on external candidates. © Donnoe & Associates, Inc. 9 Agreement No. 6264 EXHIBIT "A" Test Elements Considerations Emergency Simulator This should be handled as a problem solving exercise, not a make-believe interactive situation with role players and pictures. As a problem solving process, candidates could be tasked with something like: "Today is a red -flag day, you have very strong winds from the East. A fire has started in a house, and it has spread to a second down -wind house. Describe what you believe is an ideal incident command structure for such a problem, including what resources would be needed." This problem would be followed by multiple questions that add to the initial scenario, and fully explore a candidate's thought process, experience, and skills with emergency command. Administrative Exercises • Battalion Management This exercise type assesses a candidate's management Exercise skills across multiple companies, issues, and day-to-day complexities of the job such as prioritization, scheduling, decision making, and leadership. • Personnel Management A personnel management exercise at the BC level should Exercise assess a candidate's ability to formulate decisions that have an impact across shifts / companies, and is guided by such issues as labor contracts and agency policy (which would be available to candidates during the exercise). Oral Examination An Oral Examination for BC should have two independent and strong elements: 1) Assessment of qualifications, and 2) Technical / leadership aspects of the job. For this second element we recommend a behavioral interview process that asks questions such as: "Describe for the panel your experience commanding emergency incidents. Include examples of the types of incidents, number of involved companies, and risk factors that you encountered." © Donnoe & Associates, Inc. 10 Agreement No. 6264 EXHIBIT "A" Exam Administration There are now two options for exam administration; 1. Agency Administration, with raters and candidates on -site, or 2. Live -Remote Administration with raters off -site and candidates connecting by computer, either off -site or on -site. For both exam administration options, Donnoe & Associates will provide: • Online assessor training and certification • Online agency proctor / exam administrator training and certification • On-line candidate orientation • Candidate instructions • Schedules • Exam scoring Option 1. Agency Administration With agency administration, Donnoe & Associates will provide all of the following: • All exam materials needed for administration • Forms for scoring by raters • Score reports will be completed by Donnoe & Associates and available to the agency within 96 hours of exam administration. Option 2. Live -Remote Administration COVID-19 has periodically shut -down most of the State of California. Donnoe & Associates has been administering assessment centers during these lock -down periods through a proprietary model that we call "Live -Remote Testing." Our validated live -remote solution works for candidates, raters, and agencies. Our live -remote exam process can: • Eliminate ALL risks associated with COVID-19. This process can also accommodate ADA and/or Military leave issues with qualified candidates who are otherwise unable to be present for an in -person assessment. • Provide a safe environment for raters, agency staff, consultant staff, and the community. • Reduce costs of the agency that would normally be associated with rater expenses (lodging, food, travel), and exam administration (rooms / facilities, equipment, etc.). © Donnoe & Associates, Inc. 11 Agreement No. 6264 With our live -remote testing system the following occurs: • Assessment is accomplished remotely via meeting management software (e.g., Microsoft Teams or Zoom). • Raters remain in their home agencies. • All raters begin with exam -specific briefing (remotely conducted and managed by Donnoe staff). Raters meet over MS Teams or Zoom to discuss the assigned exercise(s), review the process, and have their questions answered. • Candidates will meet the panel over MS Teams / Zoom using a computer (or other internet- capable device) with a camera, and a Zoom or MS Teams connection. • Donnoe & Associates will remotely monitor each exam panel, the schedule, and the rating process. • Confidentiality and exam security will be maintained. • Raters will score candidates using Donnoe & Associates' proprietary rating system. This is a survey questionnaire process that is completed independently by raters immediately after examining a candidate. Raters cannot go to the next candidate until all ratings and documentation has been completed for the candidate just examined. • As ratings are completed these are submitted directly to Donnoe & Associates electronically. Raters cannot go back and change ratings one submitted. • Score reports will include detailed rater comments for each candidate, and will normally be completed and available to the agency within 24 hours of exam administration. • From our electronic rating forms we are also able to generate feedback reports summarizing each candidate's performance. This includes actual ratings as well as ALL rater comments. Exam Defense This proposal includes support in the event of a challenge to exam validity, and exam scoring. Further, the Live -Remote fee includes support in the event of a challenge to exam administration_ Exam defense will be in relation to protests filed by candidates, consistent with the policies of the City. For any protest filed through HR by candidates we will provide timely analysis, and written recommendations. There is no additional fee for us to respond to candidate inquiries or protests. We will provide reports, data, and analyses as requested by Human Resources, also at no additional fee. Only when we are called upon to formally talk to attorneys (agency or candidate attorneys) would a fee apply. Here, our standard rates could be incurred. © Donnoe & Associates, Inc. 12 Agreement No. 6264 EXHIBIT "A" Proposed Fees This service and fee proposal is valid through December 31, 2022, and will apply to any El Segundo police or fire promotional exam process in this time frame. Base Fee: $12,500 Exam Oversight: $2,000 per day These are flat rates. Billing occurs when exam development is finalized, and again upon exam administration. The only additional foreseeable fee is that associated with formal exam defense. Also, please refer to Attachment 1 to this proposal, which is a summary of our standardized exam fees for 2022. © Donnoe & Associates, Inc. 13 Agreement No. 6264 EXHIBIT "A" Attachment 1. Donnoe & Associates, Inc® Exam Fees for 2022 Written Test Fees Test Rental Fees • Stock Written Test Rental, Base Fee = $300. Agencies can select from over 75 Stock Written Tests. • Build -A -Test Base Fee = $600. We can build a test to meet your specific needs from our extensive written test item bank (over 8,000 questions; These include reference -based questions (over 300 references / titles now available) or from our knowledge and skills item bank). • Custom Written Test Base Fee = $900. Once a Custom written test has been created for an agency, subsequent use of the same test is at Stock rates for the agency. What is Included • We will work with your Analysts and Subject Matter Experts (SMEs) to match test content to job requirements. • In the event of candidate protests, we will provide an analysis with recommendations to resolve test content protests. • Test scoring for Written Tests is always provided at no additional fee. Test scoring occurs after all protests have been resolved. We will advise your agency on pass points at no additional fee. iAHQ Fees Fees • Stock iAHQ Rental, Base Fee = $300. Agencies can select from over 18 Stock iAHQ Exams that are now available. • Custom iAHQ Rental, Base Fee = $900. Once a Custom iAHQ has been created for an agency, subsequent use of the same exam is at Stock rates. • iAHQ Test Scoring is provided at $10 per candidate. Additional Fees • Test booklets. In addition to our Written Test Base Fee, a per candidate or per test booklet fee of $10 will apply. • Shipping costs will apply to Written Test Rental. Item Writing for new multiple choice items, including test items based on agency policies and procedures, or a reference not currently in our item bank = $75 per item All test materials (written tests, iAHQ Exams, Assessment materials, etc.) are the intellectual property of Donnoe & Associates, Inc., and are copyright © protected by the Federal Copyright Laws of the United States of America (Title 17 U.S.C.). Donnoe & Associates, Inc. owns the copyright of this work and prohibits photographing, reproducing or copying of this work in whole or in part, by any means whatsoever,* distribution of copies of the copyrighted work; preparation of derivative works based upon the copyrighted work; or retention of copyrighted materials for any purpose whatsoever, without express, written permission. Violator(s) may be subject to civil penalties, criminal sanctions, or both. What is Included • We will work with your Analysts and Subject Matter Experts (SMEs) to match test content to job requirements. © Donnoe & Associates, Inc. 14 EXHIBIT "A" Agreement No. 6264 Assessment Center 3 Fees Custom Assessment Development Fees • Single Custom Exercise Development, Base Fee = $4,000. • Complete Custom Assessment Center Development, Base Fee = $12,500. • Fees apply for any exercise or exam that is administered within six months of development. What is Included • The base fees include exam development and validation, printing and preparation of all exam materials for administration, plus video -based rater training and certification. • We will work with your Analysts and Subject Matter Experts (SMEs) to match test content to job requirements. • A job analysis process is provided at no additional fee with complete Assessment Center exams. • A complete Custom Assessment Center will include three or four exam components / exercises. • A "custom" 100-item written test with up to 20 additional new multiple choice items, can be assembled at no additional fee for a complete assessment center process (i.e., one of the three or four exam components). A Custom iAHQ Exam can be created for the job as one of the four exam components. • Rating forms, and a scoring spreadsheet will be included with exam development. • Additionally, the exam development fee includes support in the event of a challenge to exam validity. Assessment Rental Fees • Stock Assessment Center 4 Rental, Base Fee = $4,000 Agency Assessment Administration • Assessment center exams, Stock or Custom, can be structured for agency administration, or to be administered by Donnoe for the agency in a live -remote format. • Rater training via our on-line, standardized process is available for agencies that are building and managing their own exams, for a fee of $2,000. This includes rater certification. This is provided at no additional fee with a Stock or Custom Assessment process. Donnoe Managed Live -remote Exam Administration • The Base Fee for Live -Remote exam administration is $2,000 per day. This daily rate includes one dedicated Donnoe staff member to work remotely from Donnoe's offices (e.g., MS Teams or Zoom) to manage the assessment of candidates, manage completion and submission of rating forms, and process all exam scoring. • Scoring of all exam components, including compilation of rater's scores, is part of this fee. • Additionally, the live -remote fee includes support in the event of a challenge to exam administration. ' "Assessment Centers" include Single Exercises, Oral Exams, Complete Assessments, and Performance Exams, where raters will be scoring candidates (as opposed to computer - based or machine scoring as with written tests or iAHQ Exams. " Stock Assessment Centers are now available for the following job titles: Police Sergeant, Fire Captain, and Fire Engineer. © Donnoe & Associates, Inc. 15