CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail: Project Manager Phone No:
PR No: Vendor No: P.O./Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]
2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
B y :
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
B y :
B y : T i t l e :
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
Police Department
For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF
RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices . All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the
administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
DIANE DONNOE
General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
General Conditions/EJ/TE 01-19-11 6 of 13
13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to General Conditions/EJ/TE 01-19-11 7 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
General Conditions/EJ/TE 01-19-11 11 of 13
29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)
7. Contractor’s Pollution Liability (if applicable for Construction Contractors)
Required Coverage
Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
Donnoe & Associates’ Proposal to the
City of Richmond for Promotional Testing for
Police Sergeants, Police Lieutenants, and Police Captains __________________________
Michael Donnoe, President August 8, 2023
10940 Fair Oaks Blvd, Suite 700, Fair Oaks, CA 95628 • Email: [email protected] Phone: (916) 928-4911 • Toll-Free: (877) 22-EXAMS • Website: www.donnoe.com
EXHIBIT G
Donnoe & Associates’ Proposal to the
City of Richmond for Promotional Testing for
Police Sergeants, Police Lieutenants, and Police Captains Table of Contents
Background and Project Summary: Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Our Work with Richmond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Our Examination Expertise for the Public Sector . . . . . . . . . . . . . . . . . . . . . . . . 2 Key Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Scope of Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Professionalism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Teamwork With Richmond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Documentation, Reports, and Statistics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Test Validity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Post-Exam Support. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Proposed Services for all Ranks: PROJECT PLANNING. . . . . . . . . . . . . . . . . . 7 Proposed Services for all Ranks: WRITTEN TESTS . . . . . . . . . . . . . . . . . . . . 11 Proposed Services for all Ranks: ASSESSMENT CENTERS . . . . . . . . . . . . . 12 Proposed Services for all Ranks: SCORING, METRICS, COMPILATION, AND RANKING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Cost Information / Fees for Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Business Information for Donnoe & Associates, Inc. . . . . . . . . . . . . . . . . . . . . 24 Professional Business Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 References for Related Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Donnoe & Associates’ Clients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains Background and Project Summary: Qualifications
Donnoe & Associates was established in 1987. Since that 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.
Our services include:
• Written Tests
• Online Exams
• Assessment Centers
• Oral Exams
• Performance Tests
• Job Analysis
• Exam Scoring
• Merit System + Exam-Related
Program Evaluation
Our clients include:
• Cities
• Counties
• Law Enforcement Agencies
• Prisons and Jails
• Fire Departments
• State and Federal Government
Agencies
• Universities
• Special Districts and School
Districts
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 1 Our Work with Richmond
Donnoe & Associates has been working with the City of Richmond to provide testing and assessment services for the past 30 years. In this time, we have provided the following open and promotional recruitment, testing and assessment services:
Police Department (listed in rank order
and year order)
• Police Sergeant 2004, 2014, 2016,
2018, 2021 (cancelled by client),
and 2022
• Police Lieutenant, 2014, 2021
(cancelled by client), and 2022
• Police Captain, 2002
• Police Chief, 1999
General Municipal Positions (listed in
alphabetical order and year order)
• Accountant, 2021, 2022
• Accounting Assistant, 2017, 2019,
2021, 2023
• Assistant / Associate
Administrative Analyst, 2020
• Clerical - File Clerk, 2023
• City Clerk, 2018
• Human Resources Technician,
2017, 2022, 2023
• Maintenance Worker, 2019, 2020
• Office Specialist, 2018, 2022
• Office Assistant, Library Assistant
I/II, 2017, 2018, 2021
• Payroll Coordinator, 2022
• Senior Clerical / Executive
Assistant, 2021, 2022
• Utility Worker, 2015
Fire Department (listed in rank order and
year order)
• Fire Engineer, 2017, 2018, 2019
• Fire Captain, 1996, 2018
• Fire Battalion Chief, 1995
• Fire Chief, 2004
• Fire Inspector, 2019
• Fire Marshal, 1994
Our Examination Expertise for the Public Sector
Since its inception, Donnoe & Associates has successfully completed thousands of examination projects for public agencies throughout the United States, including over 3,000 Law Enforcement examinations (Entry Peace Officer through Chief of Police recruitments) and 3,000 Fire Service Examinations (Entry Firefighter through Fire Chief recruitments). This includes approximately 1,500+ assessment centers, and 4,000+ written tests. We have worked with most major cities in California, and on the West Coast to provide law enforcement exam services.
For non-safety jobs, we have provided written tests and assessment services for a full range of job titles – such as Heavy Equipment Operator, Administrative Analyst, Accountant, and Clerical jobs. 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’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 2 Key Staff
Donnoe & Associates has the staff, and the corporate capability, to provide the requested exam services for the City of Richmond. Following is a listing of our key staff.
For this project we do not anticipate the need to use any subcontractors.
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 11341R), and a recognized expert in federal court on matters related to employment testing.
Unique Law Enforcement Experience (for both Bill Donnoe and the Company) • Assisted in development of California POST Hiring Interview Guidelines for Entry Peace Officer.
• Project Psychologist / Consultant for the City of Sacramento, one of five agencies contributing to / participating in the U.S. Department of Justice project: Hiring in the Spirit of Service. As part of this project Donnoe developed the following: Entry Peace Officer Pre-Employment Psychological Evaluation Guidelines, Entry Peace Officer Oral Interview Guidelines, Entry Peace Officer Writing Skills Assessment, and Police Officer Evaluation Process.
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 3
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. She 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’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 4 Scope of Services
Donnoe & Associates (Donnoe) is proposing to provide promotional exam services for Police Sergeant, Police Lieutenant, and Police Captain. Our proposed scope of work shown below follows the Scope of Services outlined in the RFP.
For all of these examinations the following will apply to our proposed work:
Professionalism
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); City policies; and any current labor contract specifications related to employment testing.
For Police examinations our work will also adhere to current California Commission of Peace Officer Standards and Training (CA-POST) guidelines for testing (e.g., requirement for agencies to address de-escalation during all promotional testing).
Teamwork With Richmond
We will work in partnership with the City of Richmond for all of our services. This will include careful planning of dates, analyses to be completed, subject matter expert (SMES) review of materials, content of exam bulletins, etc.
Documentation, Reports, and Statistics
Donnoe & Associates’ interactions with clients is electronically documented and preserved in our client histories. This will include key decisions, progress notes, any issues or problems encountered, and dates for important events. We will provide complete technical reports, as specified by professional guidelines and agency policy, and upon request from the City.
We are capable of producing relevant statistics on all exam elements, including test performance data, candidate / applicant flow, and test outcomes.
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 5 Test Validity
Most of our exam products including Stock Written Tests, Build-A-Test and Custom Written Tests, iAHQ Exams, as well as oral exams, performance exams and assessment centers involve measurement of job knowledge or ability and/or experience and achievements. These types of tests are best supported by content validity. For these Police Promotional Examinations we work closely with you, our client, to ensure that the content of the test is based on the jobs (job analysis, consultation on test assembly, and exam review by your subject matter experts). We will oversee / manage test administration and test scoring, as well as consultation on test score interpretation and passing scores. These steps ensure that the examinations provided to Richmond are valid and administered in a fair and consistent manner.
Post-Exam Support
Donnoe & Associates’ exam development services include support to the agency in the event of a challenge to exam validity. This includes written test protests by candidates. Additionally, exam administration services include support in the event of a challenge to exam administration.
All such challenges are also limited by the policies of the agency related to timing, format, and content of protests or complaints about the outcome of an exam. We will fully support the City with protest analyses, recommendations, and reports.
Dr. William Donnoe is a qualified expert witness in Federal Court on matters related to testing.
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 6 Proposed Services for all Ranks: PROJECT PLANNING
We will begin project planning, job analysis and examination plan development by meeting with Police Department Management, and assigned subject matter experts (SMEs). This will 1) define the examination process for each rank, 2) define the reading lists to be associated with each written test, and 3) to ensure a balance of qualifications, exam steps, exam content, and requirements for each rank and across these three ranks.
As part of our job analysis we will analyze the existing qualification requirements by rank, and make recommendations. We will work from our job analysis across the ranks of Sergeant, Lieutenant, and Captain to ensure a balance in m inimum qualification requirements and desirable qualifications – across the ranks.
We will work closely with the City to create job-related examination plans for each rank.
These exam plans will be based on job analysis results, input from RPD SMEs, and organizational considerations including factors such as expected / current vacancies and use of the eligibility lists (Patrol, Administration, Investigations, etc.).
Job Analysis
We would like to begin by completing a job analysis of the three ranks at the same time, before the first exam is conducted. This ensures that there will be a balance across the ranks in terms of how job tasks are specified, and how the knowledge, skill and ability (KSA) requirements of the jobs are specified, reading lists, etc. This further allows tasks and KSAs to build as the jobs change from Officer to Sergeant, Sergeant to Lieutenant, and Lieutenant to Captain.
The job analysis components of our work should be considered a non-confidential process, and the results of these analyses should be available for anyone in the Police Department to view, study, and prepare from for any upcoming testing opportunities.
Our job analysis process for all ranks includes the following steps:
• Review of existing job class specifications, organizations charts, and policies and procedures of the department.
• Consideration of past job analyses, completed by Donnoe & Associates for Sergeant and Lieutenant in the Richmond Police Department in 2014 and 2021.
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 7 • Construction of new job analysis questionnaires for each rank. These will be in electronic format and can be completed on-line by respondents (incumbents and supervisors of each rank to be analyzed).
• Compiling and interpretation of the on-line job analysis questionnaire results by Donnoe & Associates.
• Presentation of a draft report for each job analysis to Police Department Management. Once these reports are approved we will provide the language needed for exam bulletins; to be published by Richmond Human Resources. • The job analysis results will also identify the source documents that will be used in construction of the written tests.
The exam plans based on our job analyses will identify tasks and KSAs in order of priority for exam development. For example, tasks and KSAs will be similar to what is shown below.
TASK ANALYSIS 1
Priority 1 Tasks: The following tasks will be directly measured within the exam plan. Tasks within this group may be combined to formulate one or more assessment exercises.
Sample Tasks:
• Supervise a group of officers assigned to a unit or function in the Police Department.
• Provide on-the-job instructions and advice to officers in relation to specific policing or technical problems in the field or during investigations.
• At the scene of an emergency incident or field situation, take command and direct/request resources.
1 Tasks and KSAs shown here are taken directly from Donnoe & Associates’ job analysis of the Richmond Police Sergeant job, as part of the 2014 and 2021 promotional examinations.
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 8 Priority 2 Tasks: The following tasks should be directly measured within the exam plan. Tasks within this group may be combined with Priority 1 tasks, to further provide an operational definition of an assessment problem.
Sample Tasks:
• Respond to and investigate officer-involved accidents, shootings and other use of force incidents.
• Meet with citizens to hear complaints.
• Conduct formal and informal counseling sessions with assigned personnel in order to correct work deficiencies and develop work skills.
Priority 3 Tasks: The following tasks may be measured within the exam plan.
Tasks within this group are more likely to represent individual written test questions, of individual oral questions in the assessment.
Sample Tasks:
• Plan, and assist in the execution of, high-risk warrants, raids/police actions, etc.
• Direct and participate in the routine gathering of evidence, questioning of witnesses, and apprehension and interrogation of suspects.
Priority 4 Tasks: The following tasks will not be used to build the exam plan.
Sample Tasks:
• Supervise the custody and care of prisoners.
• Supervise civilians performing administrative and support service duties.
KSA ANALYSIS
Priority 1 KSAs. These will be the foundation of assessment dimensions. These KSAs are measured in the written test and assessment center.
Sample KSAs:
• Knowledge of state and federal criminal law.
• Ability to take command in disorderly situations.
• Ability to effectively work with, and provide services for, citizens in a diverse community.
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 9 Priority 2 KSAs. These will be the part of assessment dimensions – with secondary emphasis behind the Priority 1 KSAs. These KSAs should measured in the written test and assessment center.
Sample KSAs:
• Knowledge of the Richmond community, including demographics, issues impacting crime and safety, and resources available. • Ability to recognize performance problems and training needs in assigned personnel and take effective corrective action.
Priority 3 KSAs. These may be indirectly tested.
Sample KSAs:
• Knowledge of labor contracts for those supervised.
• Ability to effectively utilize computers, software, and communications systems in all aspects of the job.
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 10 Proposed Services for all Ranks: WRITTEN TESTS
Written test development based on examination plan
The job analysis will provide the specific knowledge statements, and priorities, for testing. Additionally the job analysis process will result in identification of the sources or reference materials that will be used in construction of the written tests.
The exam bulletin will specify the scope of the exam plan. The tests that are developed for each rank will follow the bulletin and the job analysis reports.
Donnoe staff will develop all written test materials and present these to Police Department SMEs for review and validation.
Written test administration
We will work closely with the City of Richmond to provide the City’s written test proctors with guidance, training and oversight for written test administration. Test administration will be very straight-forward, and for a 100 item test the time frame is generally set at two hours.
Written test scoring
Candidates will provide answers to the written tests on Scantron answer forms. Donnoe will score the written tests using Scantron software and hardware.
Written test appeals
We will promptly address any appeals filed by candidates regarding written test items.
This must include conformance of the appeal to established rules of the City.
For any such appeal we will provide an analysis that is based on the source materials that support the test item. We will provide recommendations regarding each such appeal, and we will ask that RPD SMEs weigh-in on these recommendations where an interpretation or opinion is needed.
Following resolution of these appeals, scoring for that test element will be completed.
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 11 Proposed Services for all Ranks: ASSESSMENT CENTERS
Assessment center development
Exam Development Steps. We will work with Police Department SMEs to identify the requirements of the job (job analysis), and the emerging issues in the agency. From our job analysis foundation Donnoe & Associates will develop all exam materials. This includes exam questions, instructions to candidates and raters, and exercise-specific grading considerations. All materials are then reviewed and approved by agency SMEs for exam administration.
We do not ask SMEs to develop exam questions and problem sets; this can reduce the overall security of the exam, and place an undue burden on the involved parties. We are experts in job analysis and test construction; we need to rely on the agency SMEs for exam review – they are experts in how the job is used by the agency.
Our Approach. Donnoe & Associates’ approach to assessment center examinations is to build new exam exercises and problem sets for an agency and job, directly from job analysis information and SME input. Our assessment problem sets are job-related, at the difficulty and complexity level of the job, and to the extent feasible represent job simulation problems.
Our assessment exercises never allow candidates to perform in front of each other or in response to each other (e.g., no leaderless groups).
Typical Assessments for Police. For Police assessment center examinations, by rank, our assessments typically include the types of exercises or problem sets shown in the table below. For a typical assessment center we work with Police Department SMEs to select the problem sets that best reflect the needs of the agency, the rank, and are not touching on sensitive topics (e.g., a topic that could point to individuals in the department or the community).
We generally have three or four such assessment problem sets in an examination (for Police Sergeant, Police Lieutenant, or Police Captain).
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 12 Sample Assessment Center Exam Outlines for
Police Sergeant, Police Lieutenant, and Police Captain
Police Sergeant
Sample Assessment
Exercises
Police Lieutenant
Sample Assessment
Exercises
Police Captain
Sample Assessment
Exercises
Critical incident scene
supervision
Post use of force scene
supervision
Roll call briefing on an
assigned topic
Role play with subordinate
Personnel development
exercise
One or more interview
panels: Assessment of
qualifications and
Understanding of the job
requirements
Incident command at a
complex emergency event
Internal personnel
investigation
Policy development
exercise
Project management
exercise
Problem analysis exercise
One or more interview
panels: Assessment of
qualifications and
Understanding of the job
requirements
Policy and executive level
management exercise
Budget management
exercise
Community partnership
exercise
Operations plan exercise
One or more interview
panels: Assessment of
qualifications and
Understanding of the job
requirements
This table lists types of exercises which are also mixed with optional exercise formats that include such elements as:
• Formal oral presentations
• Written reports
• Question-and-answer interviews
• Face-to-face role play meetings with individuals
• Role play meetings with groups (e.g., simulated community meeting) • Problem sets preceded by preparation at the exam site • Problem sets preceded by preparation by the candidate days before the exam (i.e., take-home prep)
• Problem sets with no prep; these problem sets unfold in the exam room (e.g., escalating emergency situation, including optional branching exam tracks based on candidate actions)
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 13 Exam Review by SMEs. All exam materials will be reviewed by Police Department SMEs. We will advise the agency on the constitution of the SME panel to maximize validity and minimize the possibility of a successful candidate appeal.
As descried above, Donnoe develops all test materials then has these materials reviewed and approved by agency SMEs.
This SME review process includes our multiple choice written test questions as well as the assessment exercises and grading considerations.
Research and develop customized job-related exercise based on the Police Departments mission statement
Exam development will draw heavily on the job analysis. Knowledge of the Police Departments mission statement will be part of this job analysis, and will be incorporated into the assessment plans.
Orientation process for candidates
Prior to the first exam element (written test or assessment center), candidates will be provided with an internet link to our standardized exam orientation process. This is a video based link that should answer candidate’s questions about how the exams were developed, how to prepare for a promotional exam, what to expect, and how they will be evaluated. This generally goes to candidates by email, sent by agency Human Resources staff, well before the first exam element is administered. Candidates may view the orientation video repeated times if they wish to do so.
Administration of the assessment centers 2
Rater Training. Raters will receive a link to our on-line rater training portal prior to an exam. This will be completed by raters individually before the exam day. The focus of this training is how to rate candidates, documentation of observations; and how to keep the process fair for candidates. The training is self-administered and takes up to one hour to complete. Raters, as well as agency personnel who complete this training, will receive a Certificate of Training after the exam process. 2 The exam administration model described here is the same approach that we took for the last / 2021 Police Sergeant and Police Lieutenant assessment centers for the City of Richmond. Those exams were very well received by the City, Police Management, the Union, and candidates. Additionally, there were no protests or complaints from candidates in any of those examinations.
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 14 On the day of the assessment center, raters are greeted by the agency staff to briefly discuss the agency and the job. Next all raters will meet Donnoe staff through a Zoom or MS Teams connection. Questions will be answered from individual raters. Then teams or panels of raters breakout and go over their specific exercise, unique rating forms, and breakup assigned questions before meeting with candidates.
Exam Administration. With Donnoe & Associates’ assessment center administration the following occurs:
• Raters will complete an on-line self-administered training process prior to exam day.
• On exam day raters meet with Donnoe staff over Zoom or MS Teams to discuss the assigned exam exercises, review the process, and have their questions answered. Donnoe staff will manage this remotely (i.e., we will remain in our offices in Northern California).
• Donnoe & Associates will remotely monitor each exam panel, the schedule, and the process of rating candidates through our digital system. • Confidentiality and exam security will be maintained. • Raters will score candidates using Donnoe & Associates’ proprietary digital rating system. Rating forms are 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 e-ratings are completed, these are submitted directly to Donnoe & Associates electronically. Raters cannot go back and change ratings once submitted.
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 15 Proposed Services for all Ranks: SCORING, METRICS, COMPILATION, AND
RANKING
Scoring metrics, compilation, and ranking.
Written Tests will be machine-scored by Donnoe & Associates. We use Scantron test forms, hardware, and software. All questions will be 4-option multiple choice, with one correct answer. Written test results are compiled and reported by reference or source document.
In addition to raw score tabulation we can provide detailed test item analyses, and overall test performance statistics (e.g., central tendency, variability, reliability, etc.).
Assessment Centers will be scored by trained raters. These raters will use Donnoe electronic rating forms that are completed independently by each rater, for each candidate, in every exam exercise. These rating forms collect ratings by such scoring elements as Key actions, or Rating dimensions. Each rating for must be accompanied by a written rationale that summarizes and describes why a candidate was cored in a particular manner (e.g., High, Medium, Low or Fail). This is in effect a validation statement that justifies ratings in terms of the requirements of the job (as measured by the exercise), the established grading criteria / metrics, and the actions taken, or failed, by the candidate.
For each scoring element in the assessment centers, the rating scale to be used by raters will be limited to the passing values: 100, 95, 90, 85, 80, 75, 70, and the single failing value of 60. This rating scale is shown below in Figure 1.
Score Compilation will strictly follow the language in each exam bulletin. A complete score report will be developed for each candidate that displays 1) every rating, in all exercises and summaries across raters, such as the average rating for the exercise; 2) exam weights by element; 3) summary of the weighted scores by exercises in terms of points earned; and, 4) a composite score that will be the basis of the rankings.
A sample score report for one candidate in the 2014 Richmond Police Sergeant promotional exam is shown in Figure 2. The candidate identity for this sample is protected.
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 16 Figure 1. Donnoe & Associates’ Assessment Center Rating Scale 3 Rating Scale
HIGH MEDIUM LOW FAIL
100 95 90 85 80 75 70 60
Typical observations by rating category are listed.
Excellent
G The candidate’s
response to the
problem set and
questions is
excellent.
G The candidate may
have omitted minor
details, but has not
otherwise made
mistakes.
G Clearly
understands the
problem
G Has thorough and
organized
response to the
problem
Very Good
G The candidate has
done a very good
job and has
generally exceeded
rater's
expectations.
G The candidate may
have omitted some
minor required
actions, may have
made minor
technical or
procedural
mistakes.
G The candidate’s
responses may be
somewhat
disorganized
Minimally Acceptable
G The candidate has
minimally met
rater’s expectations
G The candidate may
have omitted some
of the expected or
required actions
G May have
presented a less
effective or less
organized
response than
desired
G Minor mistakes
may have been
observed
G The candidate has
provided an
acceptable but
weak response
G The candidate’s
responses may
have been very
brief
Not Acceptable
G This candidate may
need further
development.
G The candidate has
not demonstrated
that he/she can
safely and/or
effectively perform
the job, as
measured by this
exercise
G The candidate has
made major
mistakes in
response to this
exam problem, with
regard to life safety
or Agency policies
and procedures
G The candidate did
not understand the
problem
G The candidate’s
responses did not
make sense
G The candidate’s
actions may reflect
very negatively on
the Agency
G This is a failing
grade
3 This is a standardized and validated rating scale. Donnoe & Associates developed this rating system and has been successfully using this scoring model for over 35 years.
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 17 Figure 2. Sample Score Report 4
Richmond Police Department
2014 Police Sergeant Promotional Exam Results
Candidate Name:
Written Test Results Questions Percent Points
Reference in Test Correct Score Weight Earned
Group Violence Intervention 10 4 62.00% 25% 15.50
California Criminal Investigations 20 9
RPD Policy Manual 20 14
Police Crime Control Strategies 10 6
Leadership on the Line 10 6
Racial Reconciliation 5 4
Summary of Findings – APD 2 1
The Leadership Challenge 13 10
Stronger, Safer Communities 5 4
Emotional Intelligence 5 4
Panel A. Take-Home Research Problem Points
Rating Dimension Rater 1 Rater 2 Average Weight Earned
Written Communication Skills 85 75 88.13 25% 22.03
Oral Communication Skills 90 85
Leadership Skills 95 90
Policing Skills / Richmond 95 90
Panel B. Supervision + Leadership Exercise Points
Rating Dimension Rater 3 Rater 4 Average Weight Earned
Problem Analysis + Decision Making 100 100 100.00 25% 25.00 Communication Skills 100 100
Leadership Skills 100 100
Supervision Skills 100 100
Panel C. Critical Incident Exercise Points
Rating Dimension Rater 5 Rater 6 Average Weight Earned
Problem Analysis + Decision Making 75 75 81.50 25% 20.38 Command and Control Skills 85 85
Leadership Skills 85 85
Supervision Skills 80 85
Policing Skills / Richmond 80 80
Overall Assessment Center Score = 89.88
Overall Exam Score (WT + AC) = 82.91
4 This is for one actual candidate in the Richmond Police Sergeant promotional examination of 2014.
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 18 Compile and provide candidate scores.
Scores will be based on the examination plan, and will follow the exam bulletin directly in terms of exam elements and weights. Donnoe & Associates will have the completed score reports available and presented to the City within five working days of exam completion. This will include a rank-ordered score report based on final weighted examination scores.
We will also advise the City on entering our exam scores into applicant tracking software to avoid non-planned software changes to scores and ranks (e.g., z-scores).
Feedback from candidates
As candidates complete the assessment center process for each rank, they will be requested to provide feedback through a questionnaire.
This questionnaire will ask about each person’s personal experience in terms of job- relatedness of the test components, clarify of verbal and written instructions provided during the test, and their feelings about how they were treated by raters and staff throughout the exam process. This occurs at the exam site while the experience is very fresh for the candidates, and well prior to receipt of their score reports, feedback reports, and rankings.
The results of this post-exam candidate questionnaire will be compiled into a report for Human Resource staff and Police Department Management.
Assistance with scoring errors and omissions
We will provide assistance to the City throughout the contract to ensure that errors are minimized, materials are accurate, and that a professional image is presented.
Our scoring system minimizes errors in the following ways:
• Written tests are machine-scored.
• Assessment scoring is completed by raters using our proprietary on-line digital rating forms; raters enter scores, not our staff.
• During the assessment scoring process our staff continually evaluate rater’s use of the digital rating forms, and their adherence to our instructions. • When the exam is finished the score reports are built by cutting and pasting data from raters into a spreadsheet. We double-check this before finalizing score reports.
• When our score reports are provided to our client we ask them to double check that the weights and components align with their interpretation of policy and exam bulletin language.
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 19 If an error is observed we will acknowledge this and correct it immediately.
We will also work with the City to make sure that exam scores are accurately entered into the City’s applicant tracking system. 5 For example, some tracking systems will “standardize or normalize” scores and apply weights other than as intended. We will work with the City to ensure that this type of error does not occur.
Feedback to candidates
After the score reports have been validated as error free, final score reports are provided to the City. At this time we will additionally provide feedback reports for each candidate. These feedback reports speak for themselves and do not have to be verbally explained to candidates. Such verbal explanations can result in mis-interpretation of data by either a candidate or the person providing the explanations. Our candidate feedback reports include the following elements:
• A brief description of each exercise in the assessment center. • A copy of the rating dimensions, as defined for the raters. • A complete candidate-specific score report (the same candidate score report as provided to the City).
• A score interpretation / feedback guide is provided with the feedback report. A copy of our standardized score interpretation is shown below in Figure 3 (Guide to Understanding Your Assessment Center Ratings).
• A copy of all rater comments, by exercise. These comments are typed by raters during the exam (i.e., rater’s validation statement) and are not edited, retyped, or interpreted by Donnoe staff.
• A copy of the rating scale.
5 Some applicant tracking systems are known to convert pre-weighted ratings to z-scores then weight again, and set a new non-valid cutoff to the distribution.
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 20 Figure 3. Guide to Understanding Your Assessment Center Ratings If your ratings for an exam part / dimension are in the range of:
95 to 100 (EXCELLENT) 80 to 90 (VERY GOOD)
Feedback: Your performance has exceeded
assessors’ expectations. For this exercise
your performance was excellent, in relation to
the requirements of the job. This means you
responded better than expected, and
addressed most or all of the important rating
criteria in your response.
Suggestions for improvement:
• Keep up the good work.
Feedback: Your performance overall is good
and has met the requirements of the job; or,
your performance was very good, but also
included some minor technical or procedural
mistakes (such mistakes could include a
somewhat incorrect response or a lack of
detail in your response).
This means you responded as expected in
relation to the requirements of the job, and
addressed important rating criteria in your
response (i.e., there is room for
improvement).
Suggestions for improvement: This is area in
which improvement can occur with:
• pre-exam practice and rehearsal,
and/or
• pre-exam review of policies and
procedures, and/or
• be aware that minor deviations from
verbal or written instructions in the
exam can decrease your ratings.
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 21 If your ratings for an exam part / dimension are in the range of:
70 to 75 (MINIMALLY ACCEPTABLE) 60 (FAIL / NOT ACCEPTABLE) Feedback: Your performance is acceptable,
and reflects both a minimally safe and
effective performance, but it could have been
much better. It is important to note that this
rating can correspond to a number of
different types of response patterns,
including any or all of the following:
• you may have performed very well
throughout the exercise, but you also
made one or more important errors
(this could be because you did
something wrong or you failed to do
something that was very important);
or,
• your individual strengths are not in
areas assessed by this problem (i.e.,
it was a tough problem for you, based
on your experience and preparation);
or,
• you may have simply not been very
prepared for this problem, including
misinterpretation of written or verbal
instructions.
Suggestions for improvement: This is area in
which improvement can occur with:
• pre-exam practice and rehearsal,
and/or
• pre-exam review of policies and
procedures,
• a clear understanding of the role of
the job being tested and the
responsibilities of this job in situations
reflected by the exam part / exercise /
questions, and/or
• be aware that deviations from verbal
or written instructions in the exam can
decrease your ratings.
Feedback: Your performance is below
assessor’s expectations. You may have
generally met the assessor's expectations on
some parts of this exercise. However,
negative behaviors and errors have been
observed in relation to this assessment
dimension, especially concerning major
elements of the exam part / exercise. In this
exam part, you have not demonstrated the
Knowledge, Skills, and Abilities needed to
safely or effectively perform the job.
Suggestions for improvement: This is clearly
an area where you can improve.
Improvement can occur with:
• pre-exam practice and rehearsal,
and/or pre-exam review of policies
and procedures,
• a clear understanding of the role and
responsibilities of this job in situations
reflected by the assessment exercise,
and/or
• close adherence to verbal or written
instructions in the examination.
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 22 Cost Information / Fees for Services
Fees shown are by rank. These are flat fees.
Fees are not dependent upon the number of candidates or the number of days needed for exam administration.
We do not charge for our travel, overhead, or other project expenses.
Invoicing occurs immediately prior to test administration. We do not ask for funding to get started.
Fees shown below are the same fees that we proposed and applied in the 2021 exams for the City of Richmond.
Fees by Rank
Police Sergeant promotional exam, as described above: $13,500 Police Lieutenant promotional exam, as described above: $12,500 Police Captain promotional exam, as described above: $12,500 Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 23 Business Information for Donnoe & Associates, Inc.
Shipping Address / Office Location
Donnoe & Associates, Inc.
10940 Fair Oaks Blvd.
Suite 700
Fair Oaks, CA 95628
Phones
Phone (916) 928-4911
Toll Free (877) 22-EXAMS
Fax (916) 928-0911
Web Address and Email
www.donnoe.com
[email protected]
Incorporated in California. Corporate Officers include:
1. Michael Donnoe, President
2. Dr. William Donnoe, Vice President / Industrial Psychologist
3. Diane E. Donnoe, Chief Financial Officer
Tax ID Number: 68-0427030
State of CA Certified MicroBusiness, ID Number 55257. Current certification is valid through 11/30/23.
Professional Business Insurance
Donnoe & Associates, Inc maintains all of the required insurance, specified in the RFP, including:
1. Commercial General Liability coverage
2. Office Automobile Liability coverage
3. Workers’ Compensation Insurance
4. Professional Liability or Errors & Omissions Liability Insurance Accord policies / documentation will be provided upon request, or upon contract.
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 24 References for Related Work
Agency Name Contact Person
Alhambra Police Department, CA Garrett Kennedy, Chief of Police (626) 570-5151 [email protected]
Bernalillo County Sheriff, NM John Allen, Sheriff (505) 468-7100 [email protected]
Fairfield Police Department, CA Angela Broaddus, HR Mgr (707) 428-7396 [email protected]
Or:
Dan Marshall, Chief of Police
(707) 428-7374
Fresno Police Department, CA Sandra Chavez-Martin, HR Manager (559) 621-6988
[email protected]
Inglewood Police Department, CA Jose Cortes, Human Resources Director [email protected]
(310) 412-5368
Or:
Mark Fronterotta, Chief of Police
(310) 412-5200
Laguna Beach Police Department, CA Aggie Nesh, HR/Risk Mgr (949) 497-0311 [email protected]
Los Altos Police Department, CA Angela Averiett, Chief of Police (650) 947-2770 [email protected]
Multnomah County Sheriff, OR Jennifer Ott, Human Resources Director (503) 988-4437 [email protected]
Santa Fe Police Department, NM Ben Valdez, Deputy Chief of Police (505) 955-5040 [email protected]
Woodland Police Department, CA Rachael Smith, Senior HR Analyst (530) 661-5809
[email protected]
Additional clients are listed on the following pages. Upon request, information can be provided about any of these references and exam projects.
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 25 Donnoe & Associates’ Clients
Our clients are in the
green states.
References are shown on the required forms for the RFP. Additional references and exam project descriptions will be provided for any of clients upon request.
A partial listing of our clients includes:
• Addison, IL
• Albany, OR
• Albuquerque, NM
• Alhambra, CA
• Allied Technology Group, CA
• American River Fire District, CA
• Anaheim, CA
• Anchorage, AK
• Arcadia, CA
• Aurora, CO
• Arcata, CA
• Arcata Fire Protection District, CA
• Aubrey Fire Department, TX
• Auburn, ME
• Avon, CO
• Azusa, CA
• Bakersfield, CA
• Baldwin Park, CA
• Banning, CA
• Bay Area Rapid Transit Dist, CA
• Bell Gardens, CA
• Bellflower, CA
• Bellingham, WA
• Benton County Fire Dist, WA
• Berkeley, CA
• Bernalillo County Deputy Sheriff’s
Association, NM
• 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
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 26 • Bremerton, WA
• Brighton Fire Rescue District, 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
• Cal Poly Pomona Police
Department, CA
• California Water Environment
Association, Oakland, CA
• Cambria Community Services
District, CA
• Carlinville, IL
• Carlsbad, CA
• Carpinteria, CA
• Carson, CA
• Cass County Sheriff's Office, NE
• Central Fire Protection District, CA
• Central Kitsap Fire & Rescue, WA
• Chardon, OH
• Cheyenne, WY
• Chicago Water Reclamation, IL
• Chico, CA
• Chula Vista, CA
• Clark County, WA
• Clarksville Police Department, TN
• Clarksville-Montgomery County
E-911, TN
• Clovis, CA
• 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 District #2, WA
• Downey, CA
• East Bay Regional Park District, CA
• East Contra Costa Fire, CA
• East Diablo Fire District, CA
• El Cajon, CA
• El Cerrito, CA
• El Dorado County, CA
• El Dorado Emergency Services, CA
• El Dorado Hills Fire Department, CA
• Elma, WA
• El Monte, CA
• El Segundo, CA
• Emeryville, CA
• Encinitas, CA
• Englewood, CO
• Escalon Fire Protection District, CA
• Escondido, CA
• Estes Park, CO
• Eureka, CA
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 27 • Evanston, IL
• Everett, WA
• Fairfax County, VA
• Fairfield, OH
• Fallbrook Public Utility District, CA
• Federal Way, WA
• Ferguson, MO
• Fontana, CA
• Foresthill Fire Protection District, CA
• Fort Collins, CO
• Fort Mojave Mesa Fire Dist, AZ
• Fort Osage Fire Protection District,
MO
• Fountain Valley, CA
• Frankfort Fire & EMS, KY
• Frederick-Firestone Fire District, CO
• 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's Office, TX
• Henderson, NV
• Hercules, CA
• Hermosa Beach, CA
• Hollister Fire Dept, CA
• Huntington Beach, CA
• Imperial Beach, CA
• Independence MO
• Inland Empire Utilities Agency, CA
• Irvine, CA
• Inglewood, CA
• Jackson County Fire District 3, OR
• Keene Police Department, NH
• Kern High School District Police
Department, CA
• Kern County, CA
• Kilgore, TX
• King County Sheriff, WA
• King County 911 Office, WA
• Kings County, CA
• Kittitas County Fire District 2, WA
• Klein, TX
• 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
• Lathrop-Manteca Fire District, 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 Alamitos PD, CA
• Los Alamos County, NM
• Los Angeles County, CA
• Lower Moreland Township School
District, PA
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 28 • Lynden, WA
• Lynnwood, WA
• Madera County, CA
• Mammoth Lakes Police Dept, CA
• Mandan, ND
• Manhattan Beach, CA
• Manteca, CA
• Marshfield Fire Protection District,
MO
• 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's Office, CA
• Montebello, CA
• Montecito Fire District, CA
• Monterey County Regional Fire
District, CA
• Monterey Park, CA
• Montgomery County Fire/EMS, KY
• Montgomery County E-911, TN
• Moraga-Orinda Fire, CA
• Mountain View, CA
• Mukilteo Police Department, 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 Protection District,
CA
• North County Fire District, CA
• North Kansas City Fire Department,
MO
• North Star Fire Dept, CA
• North Washington Fire Dist, CO
• Oakdale Police Department, CA
• Oakland, CA
• Oakland Housing Authority, CA
• Oakley, CA
• Oak Park, IL
• Oceanside, CA
• Olympia, WA
• Olympic Valley Fire Department, CA
• Ontario, CA
• Orange, CA
• Orange County, CA
• Orange County Fire Authority, 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
• Patterson, CA
• 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
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 29 • 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 Authority, WA
• Rialto, CA
• Richmond, CA
• Riverside, CA
• Rocklin, 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 Department, 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
• Signal Hill PD, CA
• Snohomish County, WA
• Solana Beach, CA
• Solano County, CA
• Sonora, CA
Donnoe & Associates’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 30 • 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 Protection District, 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, NV
• Truckee Meadows Regional
Planning Agency, NV
• Tulare County, CA
• Tustin,CA
• UC Davis Fire Dept., CA
• Ukiah, CA
• Upland, 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's Office, CA
• Vernon, CA
• Vista, CA
• Walnut Creek, CA
• Washington County Sheriff's Office,
NE
• Washoe County, 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's Office, IL
• Whittier, CA
• Winchester Fire & Rescue, VA
• Woodbridge Fire District, CA
• Woodland, CA
• Woodlands Fire Department, 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’ Proposal to the City of Richmond
for Promotional Testing for Police Sergeants, Police Lieutenants, and Police Captains 31 a. "Data
Brok er” means either of the following:
i. The collection of information, including personal information about consumers, from a wid
e variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultima
tely used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar serv
ices."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time
during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's fa ilure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foreg oing is true and correct. Executed this day of , 20 , at , California.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020)
EXHIBIT H
CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understand s and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO: