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HomeMy WebLinkAboutTheodore Darany dba Darany and Associates; 2015-09-03;AMENDMENT NO. 4 TO AMEND THE AGREEMENT FOR TEST DEVELOPMENT THEODORE DARANY, D.B.A. DARANY & ASSOCIATES This Amendment No. 4 is entered into and effective as of the 2,.-3 ~ay of _....l._~:=:::::::::!:::11!:1.,..L-L-,!:;~!J.----' 2018, amending the agreement dated September 3, 2015 (the "Agreement") y and between the City of Carlsbad, a municipal corporation, ("City"), and Theodore Darany dba Darany & Associates a sole proprietor ("Contractor") (collectively, the "Parties") for Training and Development Services. RECITALS A. On June 7, 2016 the Parties executed Amendment No. 1 to the Agreement to extend and fund the agreement; and B. On August 29, 2017 the Parties executed Amendment No. 2 to the Agreement to extend and fund the agreement; and C. On May 31, 2018 the Parties executed Amendment No. 3 to the Agreement to amend to Section 16 (Conflict of Interest) of the Agreement to state that in accordance with the requirements of the City of Carlsbad Conflict of Interest Code the Contractor is not required to file a Conflict of Interest Statement with the City Clerk. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year starting on September 4, 2018 and ending on September 3, 2019, and funded in an amount not to exceed $15,000 per Agreement year. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1 /30/13 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR By~CL J. 'I). (sign here) ~ CITY OF CARLSBAD, a municipal corporation of the State of California Director (He:ooot<e S. VAC..NJ~ OwAJ~ (print name/title) By: (sign here) (print name/title) ATTEST: ~~w/htl11Ai0 /~ARBARA ENGLESON (J v City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIAA. s;c},' c71 Attorney BY: ______ t--,_---'----- Assistant City Attorney City Attorney Approved Version 1/30/13 2 Century Surety Company 550 Polaris Parkway, Suite 300 Westerville, Ohio 43082 614-895-2000 www.centurysurety.com CERTIFICATE OF INSURANCE Named Insured: Darany and Associates Address: 1250 San Pablo Ave. City, State Zip: Redlands, CA 92373 This Certificate is provided only for infonnation purposes and confers no rights upon the certificate holder. It does not amend, extend, reduce or otherwise alter the coverage afforded by the policy shown below, nor does it constitute a contract between this insurance company, or its authorized representative or producer, and the certificate holder. IMPORTANT: If the Certificate holder is an additional insured, the policy must be endorsed. Producer: Name: Richard F. Jones Jr., Agent/Broker Address: 3130 Broadway City, State Zip: Kansas City, Missouri 64111 Policy No.: PED0264054 Policy Effective Date: 10/03/2017 Policy Expiration Date: 10/03/2018 Tab No.: 024192 Coverages: This certifies that the policy of insurance shown below was issued to the Named Insured above for the policy period stated herein, commencing with the policy effective date and concluding with the policy expiration. The insurance afforded by the policy is subject to all the terms, exclusions and conditions of such policy in spite of any requirement, term or condition of any other contract or document with respect to which this Certificate may pertain. The Limit of Liability shown below may have been reduced by paid Claims. Private Educators Professional Liability (Claims Made) Limit of Liability: $1,000,000 Per Claim Limit of Liability $ 3,000,000 Aggregate Limit for all Claims Deductible: $1,000 Certificate Holder: City of Carlsbad Human Resources 1635 Faraday Avenue Carlsbad,CA 92008 Date Issued: 8/16/17 5671 PL 0812 Off Premises Liability Limit of Liability: $ __ Per Claim Limit of Liability $ __ Aggregate Limit for all Claims Deductible: $ __ Cancellation: In the event the above described policy is cancelled before the expiration date shown above, notice of cancellation will be delivered in accordance with the policy provisions. • ------4.cokd CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~-05/21/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PAYCHEX INSURANCE AGENCY INC PHONE (877) 287-1312 I FAX (888) 443-6112 (A/C, No, Ext): (A/C, No): 76210705 E-MAIL 150 SAWGRASS DRIVE ADDRESS: ROCHESTER NY14620 INSURER($) AFFORDING COVERAGE NAIC# INSURER A: The Hartford Fire Insurance Company 19682 INSURED INSURER B: THEODORE S. DARANY OBA. DARANY & INSURERC: ASSOCIATES INSURER D: PO BOX 11454 INSURER E: SAN BERNARDINO CA 92423-1454 INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSF TYPE OF INSURANCE ADDL SUB~ POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD /MMIDDIYYYY\ ..... COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE -DCLAIMS-MADE DOCCUR DAMAGE TO RENTED IDOCf..A1CCC (l:::;::i ___ , MED EXP (Any one person) ~ PERSONAL & ADV INJURY '-- GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE R oPRO-o :~~I::. JECT LOC PRODUCTS -COMP/OP AGG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT '--,~, -" ANY AUTO BODILY INJURY (Per person) ~ -ALL OWNED SCHEDULED BODILY INJURY (Per accident) ~ AUTOS ~ AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE '--~ AUTOS (Per accident) UMBRELLA LIAB rl OCCUR EACH OCCURRENCE -EXCESS LIAB CLAIMS-MADE AGGREGATE OED I I RETENTION $ WORKERS COMPENSATION X ls¥~uTE I \u' 1-ER AND EMPLOYERS' LIABILITY $1,000,000 YIN E.L. EACH ACCIDENT A ANY PROPRIETOR/PARTNER/EXECUTIVE C >---76 WEG KS5454 05/01/2018 05/01/2019 $1,000,000 NIA E.L. DISEASE -EA EMPLOYEE OFFICER/MEMBER EXCLUDED? >---(Mandatory in NH) E.L. DISEASE -POLICY LIMIT $1,000,000 If ves. descnbe under DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the lnsured's Operations. CERTIFICATE HOLDER CITY OF CARLSBAD ATTN: BRIDGET DESMARAIS 1635 FARADAY AVE CARLSBAD CA 92008 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AMENDMENT NO. 3 TO AMEND THE AGREEMENT FOR TEST DEVELOPMENT THEODORE DARANY, D.B.A. DARANY & ASSOCIATES mendment No. 3 is entered into and effective as of the \3/ Si: day of ------'1<.....L-ff:,.-,..:C,'9,o,;:,------' 2018, amending the agreement dated September 3, 2015 (the d between the City of Carlsbad, a municipal corporation, ("City"), and Theodore Daran dba Darany & Associates a sole proprietor ("Contractor") (collectively, the "Parties") for Training and Development Services. RECITALS A. On June 7, 2016 the Parties executed Amendment No. 1 to the Agreement to extend and fund the agreement; and B. On August 29, 2017 the Parties executed Amendment No. 2 to the Agreement to extend and fund the agreement; and C. The Parties desire to amend Section 16 of the Agreement. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. Section 16 (Conflict of Interest) of the Agreement, is hereby amended to state that in accordance with the requirements of the City of Carlsbad Conflict of Interest Code the Contractor is not required to file a Conflict of Interest Statement with the City Clerk. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1 /30/13 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR By:~JD (sign here) ~ /'_ /rfer,~< S. DAR~1-1Y OW~R (print name/title) / By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: . .--· ~---. Jt1 . ~{Ill . ~ctor ATTEST: \~kn~ BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:_ti{J_~_ Assistant City Attorney City Attorney Approved Version 1/30/13 3 Century Surety Company 550 Polaris Parkway, Suite 300 Westerville, Ohio 43082 614-895-2000 www.centurysurety.com CERTIFICATE OF INSURANCE Named Insured: Darany and Associates Address: 1250 San Pablo Ave. City, State Zip: Redlands, CA 92373 This Certificate is provided only for information purposes and confers no rights upon the certificate holder. It does not amend, extend, reduce or otherwise alter the coverage afforded by the policy shown below, nor does it constitute a contract between this insurance company, or its authorized representative or producer, and the certificate holder. IMPORTANT: If the Certificate holder is an additional insured, the policy must be endorsed. Producer: Name: Richard F. Jones Jr., Agent/Broker Address: 3130 Broadway City, State Zip: Kansas City, Missouri 64111 Policy No.: PED0264054 Policy Effective Date: 10/03/2017 Policy Expiration Date: 10/03/2018 Tab No.: 024192 Coverages: This certifies that the policy of insurance shown below was issued to the Named Insured above for the policy period stated herein, commencing with the policy effective date and concluding with the policy expiration. The insurance afforded by the policy is subject to all the terms, exclusions and conditions of such policy in spite of any requirement, term or condition of any other contract or document with respect to which this Certificate may pertain. The Limit of Liability shown below may have been reduced by paid Claims. Private Educators Professional Liability (Claims Made) Limit of Liability: $1,000,000 Per Claim Limit of Liability $ 3,000,000 Aggregate Limit for all Claims Deductible: $1,000 Certificate Holder: City of Carlsbad Human Resources 1635 Faraday Avenue Carlsbad, CA 92008 Date Issued: 8/16/17 5671 PL 0812 Off Premises Liability Limit of Liability: $ __ Per Claim Limit of Liability $ __ Aggregate Limit for all Claims Deductible: $ __ Cancellation: In the event the above described policy is cancelled before the expiration date shown above, notice of cancellation will be delivered in accordance with the policy provisions. -~ I DATE (MM/DD/YYYY) AC~R CERTIFICATE OF LIABILITY INSURANCE '---. 05/21/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PAYCHEX INSURANCE AGENCY INC PHONE (877) 287-1312 IFAX (888)443-6112 (A/C, No, Ext): (A/C, No): 76210705 E-MAIL 150 SAWGRASS DRIVE ADDRESS: ROCHESTER NY14620 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: The Hartford Fire Insurance Company 19682 INSURED INSURER B: THEODORE S. DARANY OBA. DARANY & INSURERC: ASSOCIATES INSURER D: PO BOX 11454 INSURER E: SAN BERNARDINO CA 92423-1454 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WIHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS~ TYPE OF INSURANCE ADDL SUB~ POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD IMM/DD/YYYYl COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE >-- ~CLAIMS-MADE DOCCUR DAMAGE TO RENTED >--I PRSCM•ccc />Co MED EXP (Any one person) >-- PERSONAL & ADV INJURY >-- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE q 0 PRO-o POLICY JECT LOC PRODUCTS -COMP/OP AGG OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ,,~ ·'" ·-" -ANY AUTO BODILY INJURY (Per person) -ALL OVVNED -SCHEDULED BODILY INJURY (Per accident) -ALJTOS -ALJTOS HIRED AUTOS NON-OVVNED PROPERTY DAMAGE --AUTOS (Per accident) UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE -EXCESS LIAB CLAIMS-MADE AGGREGATE OED I I RETENTION $ WORKERS COMPENSATION X ls-\%uTE I IUIM-ER AND EMPLOYERS' LIABILITY Y/N $1,000,000 E.L EACH ACCIDENT -A ANY PROPRIETOR/PARTNER/EXECUTIVE C N/A 76 WEG KS5454 05/01/2018 05/01/2019 E.L. DISEASE -EA EMPLOYEE $1,000,000 OFFIC~R/MEMBER EXCLUDED? -/ (Mandatory in NH) E.L. DISEASE -POLICY LIMIT $1,000,000 tf ves, describe under DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the lnsured's Operations. CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ATTN: BRIDGET DESMARAIS EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1635 FARADAY AVE AUTHORIZED REPRESENTATIVE CARLSBAD CA 92008 6 ~or Cao~ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AMENDMENT NO. 2 TO EXTEND THE AGREEMENT FOR TEST DEVELOPMENT THEODORE DARANY, D.B.A. DARANY & ASSOCIATES This Amendment No. 2 is entered into and effective as of the l,q--riv, day of k~ U. 2 t-, 2017, extending the agreement dated September 3, 2015 (the "greent") by and between the City of Carlsbad, a municipal corporation, ("City"), and Theodore Darany dba Darany & Associates a sole proprietor ("Contractor") (collectively, the "Parties") for Training and Development Services. RECITALS A. On June 7, 2016 the Parties executed Amendment No. 1 to the Agreement to extend and fund the agreement; and B. The Parties desire to extend and fund the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one year starting on September 4, 2017 and ending on September 3, 2018 and funded in an amount not to exceed $15,000 per agreement year. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR (sign here) -/t.tc oJo~ s., D At2 AAJ \. ( '(;Ii,' ~,e_ (print name/title) ) (,_/ (sign here) 7 C'v J '-1.t-, 1C.. )) a_v·t.t t-ty) Cu (print name/title) r CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: \_1a/YY'a ~Km~ L. BARBARA ENGLESON U ...., '--- City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:_M_L __ ef':-Assistant City Attorney City Attorney Approved Version 1 /30/13 2 Century Surety Company 550 Polaris Parkway, Suite 300 Westerville, Ohio 43082 614-895-2000 www.centurysurety.com CERTIFICATE OF INSURANCE Named Insured: Darany and Associates Address: 1250 San Pablo Ave. City, State Zip: Redlands, CA 92373 This Certificate is provided only for information purposes and confers no rights upon the certificate holder. It does not amend, extend, reduce or otherwise alter the coverage afforded by the policy shown below, nor does it constitute a contract between this insurance company, or its authorized representative or producer, and the certificate holder. IMPORTANT: If the Certificate holder is an additional insured, the policy must be endorsed. Producer: Name: Richard F. Jones Jr., Agent/Broker Address: 3130 Broadway City, State Zip: Kansas City, Missouri 64111 Policy No.: PED0264054 Policy Effective Date: 10/03/2017 Policy Expiration Date: 10/03/2018 Tab No.: 024192 Coverages: This certifies that the policy of insurance shown below was issued to the Named Insured above for the policy period stated herein, commencing with the policy effective date and concluding with the policy expiration. The insurance afforded by the policy is subject to all the terms, exclusions and conditions of such policy in spite of any requirement, term or condition of any other contract or document with respect to which this Certificate may pertain. The Limit of Liability shown below may have been reduced by paid Claims. Private Educators Professional Liability (Claims Made) Limit of Liability: $ 1,000,000 Per Claim Limit of Liability $ 3,000,000 Aggregate Limit for all Claims Deductible: $1,000 Certificate Holder: City of Carlsbad Human Resources 1635 Faraday Avenue Carlsbad, CA 92008 Date Issued: 8/16/17 5671 PL 0812 Off Premises Liability Limit of Liability: $ __ Per Claim Limit of Liability $ __ Aggregate Limit for all Claims Deductible: $ __ Cancellation: In the event the above described policy is cancelled before the expiration date shown above, notice of cancellation will be delivered in accordance with the policy provisions. _____, SAS ACC>Rc,® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ R004 8/17/2017 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PAYCHEX INSURANCE AGENCY INC PHONE l;AX (888) 443-6112 (NC, No, Ext): (NC.No): 210705 P: F: (888) 443-6112 E-MAIL ADDRESS: PO BOX 33015 INSURER(S) AFFORDING COVERAGE NAIC# SAN ANTONIO TX 78265 INSURER A Hartford Fire Ins Co 19682 INSURED INSURER B: THEODORE s. DARANY OBA. DARANY & INSURER C: ASSOCIATES INSURER D: PO BOX 11454 INSURER E: SAN BERNARDINO CA 92423 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUHR POLICY NUMBER POLICYEFF POLICY EXP LIMITS ITD IM<D Wl/n (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ I CLAIMS-MADE OoccuR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ - PERSONAL & ADV INJURY $ - 1N.L AGGRo ~~6: Er s PER: GENERAL AGGREGATE $ POLICY JECT LOC PRODUCTS -COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ - ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ --HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ --$ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDI I RETENTION$ $ WORKERS COMPENSATION IPER I IOTH- AND EMPLOYERS' LIABILITY X STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N EL EACH ACCIDENT s1,ooo,ooo OFFICER/MEMBER EXCLUDED? t---D NIA $1,000,000 A (Mandatory in NH) 76 WEG KS5454 05/01/2017 05/01/2018 E.L. DISEASE-EA EMPLOYEE t--- If yes, describe under E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. '· CERTIFICATE HOLDER CANCELLATION City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Attn: Bridget Desmarais BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Human Resources AUTHORIZED REPRESENTATIVE -1635 FARADAY AVE 7~ 7~L~ CARLSBAD, CA 92008 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR TEST DEVELOPMENT THEODORE DARANY DBA DARANY & ASSOCIATES This Amendment No. 1 is entered into and effective as of the (-t:Vl day of J \ 1V\£< , 2016, extending the agreement dated September 3, 2015 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Theodore Darany dba Darany & Associates a sole proprietor, ("Contractor") (collectively, the "Parties"). RECITALS A. The Parties desire to extend the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year starting on September 3, 2016 and ending on September 3, 2017 and funded in an amount not to exceed $15,000 per agreement year. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. Ali requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR sy~~J. u (sign her~ /H~i?0o(2E s[ D~a./>.A...-'/ Ow~ (print name/title) ) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Human Resources Director ATTEST: City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: City Attorney Approved Version 1/30/13 2 AGREEMENT FOR TEST DEVELOPMENT THEODORE DARANY D.B.A. DARANY & ASSOCIATES THIS AGREEMENT is made and entered Into as of the 3^*^ day of Scpt-c^vKh-eV^ 20JS_, by and between the CITY OF CARLSBAD, a municipal corporation^ ("City"), and Theodore Darany d.b.a. Darany & Associates, a sole proprietor, ("Contractor"). RECITALS A. City requires the professional services of a screening and selection contractor that is experienced in developing tests and assessments. B. Contractor has the necessary experience in providing professional services and advice related to developing tests and assessments unique to the public sector. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is Incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one year from the date first above written. The City Manager may amend the Agreement to extend it for three additional one year periods or parts thereof Extensions will be based upon a satisfactory review of Contractor's performance. City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment Indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time Is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the Initial Agreement term shall not exceed thirteen thousand, two hundred dollars ($13,200). No other compensation for the Services will be allowed except for Items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed fifteen thousand dollars ($15,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined In attached Exhibit "A". City Attorney Approved Version 4/1/15 6. STATUS OF CONTRACTOR Contractor will perfomi the Services In Contractor's own way as an Independent contractor and in pursuit of Contractor's Independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor Is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or Its employees or subcontractors. Contractor agrees to Indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the Indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directiy or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained In this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors In connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation Is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or eariy termination ofthis Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or In connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance earner Is required to have a cun-ent Besfs Key Rating of not less than "A-:VH"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers City Attorney Approved Version 4/1/15 (LASLI) with a rating In the latest Best's Key Rating Guide of at least "A:X"; OR an alien non- admitted Insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarteriy listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits Indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, Its officers, agents and employees make no representation that the limits of the Insurance specified to be can-led by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate. Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Workers' Compensation and Employer's Liability. Woricers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.2 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.1 This Insurance will be In force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mall pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of Insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies In order to maintain the required coverages. Contractor Is responsible for any payments made by City to obtain or maintain Insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carisbad Business License for the term of the Agreement, as may be amended from time-to-time. City Attomey Approved Version 4/1/15 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs Incurred under this Agreement. All records will be cleariy Identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or Its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or Its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Cheri Abbott Name Ted Darany Title Human Resources Manager Title President Department Human Resources Address 1250 San Pablo Ave City of Carisbad Redlands, CA 92373 Address 1635 Faraday Ave Phone No. 909 798 4475 Carisbad, CAQ2008 Email tsdarany(gearthlink.net Phone No. 760 602 2496 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk In accordance with the requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. City Attorney Approved Version 4/1/15 Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outiining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing In this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may tenninate this Agreement for nonperfomiance by notifying Contractor by certified mail of the tennination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may temiinate this Agreement upon written notice to Contractor. Upon notification of tennination. Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained In this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put It in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in Its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. City Attorney Approved Version 4/1/15 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or In conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, It may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, It Is entitled to recover its litigation costs. Including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or Improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction In the County of San Dlego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under It may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the tenns of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attomey Approved Version 4/1/15 Q LU X. - ^ CC r < 2 CE f-O CC U- UJ • O < UJ O CO o O 26. AUTHORITY The individuals executing this Agreement and the instruments referenced In it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR (sign here) (print name/title) / By: (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California X [INSERT TITLE QPPERSQH -AUTHORIZED TO SIGN (City Monogor er Moyor or Division Director as authorized by the City Manager)] Julie Clark ATTEST: BARBARA ENGLESON City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BRBA^^ity Attorney BY: _ ^_ ^^^lisibLdiil Clly Attorney City Attorney Approved Version 4/1/15 EXHIBIT "A" SCOPE OF SERVICES Darany and Associates will follow the approach outlined below for job apalysis, exaV)(iination development, and documentation for the following two p/djects: magement analyst family Associate Analyst lanagement Analyst SWiior Management Analyst Clerical fanil Administrative Secretary Secretary^ Senior OffickSpecialist Office SpeciaW II Other clearly related classifications may^ included if that will improve either project. The approach used provides ample^portunities for interaction and information- gathering so the resulting exam proces^s will be highly defensible, effective, and tailored to meet the City's creeds. Cmr methods will be designed to produce practical and content valid examination processes and thorough job analysis. Each project phase will contribute to the qualily ofthe new examinations and to documentation that will b^part of the content validity report. Phase 1 - Job Analysis: Our approach involves on-site interviews and job inventories. The iirterviews are conducted with a srt^l number of incumbents and their supervi^rs and lead to the development of aNJetailed job inventory. This time-effici^t job inventory is administered to a significant sample of incumbents./The resulting data is extensively analyzed resdting in detailed job description^ These descriptions are the foundation for the content validity of the examination as they lead directly to a specific exam plan that details the test conteryand the modes of assessment for this content. The job analysis data itself vvill also be provided to the City so that it may be used in additiogal areas sucn as classification. 'hase 2 - Test Development: We will develop the exam content, adminislrative procedures and instructions based on the job analysis and agreed upon by th^ City. The resulting written exams may be expected to assess the knowledge ahd City Attorney Approved Version 4/1/15 ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countv of£An fe^lOd^tX) } On AiMMAlM^be^ore me, l^l^^j lAOfm PM'C ^ t . ' (Here insert name and title of the officer) personally appeared \r\€Go^OC'^ S ' Q^roA^ , who proved to me on the basis of satisfactory evidence to be the person(^whose name(8f is/^at^subscribed to the within instrument and acknowledged to me that he/sh^AHey executed the same in his/h^r/f^eTr authorized capacity(i€§y, and that by hls/hef/Ttfdr signatur^^) on the instrument the persop^, or the entity upon behalf of which the persop.(s7^ted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seai. Notary Public Signature (Notary Public Seal) STEVEN KHOURI j Commission # 1978704 j Notary Public - California ; San Bernardino County My Comm. Expires May 19, 2016 ADDITIONAL OPTIONAL INFORMAT DESCRIPTION GF THE ATTACHED DOCUMENT 4^ Vee^e^ Wksj- [^Z\ytkm^^ (Title or description of attached document) (Title or description of attached document continued) Number of Pages T Document Date ON CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attorney-in-Fact • Trustee(s) • Other 2015 Version www.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current Califomia statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknolwedgents from other states may be completedfor documents being sent to that state so long as the wording does not require the Califomia notary to violate California notary law. < State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgpient. < Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. 1 The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). 1 Print the name(s) of document signer(s) who personally appear at the time of notarization. ' Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/theyr is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. ' The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. ' Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). ' Securely attach this document to the signed document with a staple. EXHIBIT "A" SCOPE OF SERVICES Darany and Associates will follow the approach outlined below for job analysis, examination development, and documentation for the following two projects: Management analyst family Associate Analyst Management Analyst Senior Management Analyst Clerical family Administrative Secretary Secretary Senior Office Specialist Office Specialist II Other clearly related classifications may be included if that will improve either project. The approach used provides ample opportunities for interaction and information- gathering so the resulting exam processes will be highly defensible, effective, and tailored to meet the City's needs. Our methods will be designed to produce practical and content valid examination processes and thorough job analysis. Each project phase will contribute to the quality of the new examinations and to documentation that will be part of the content validity report. Phase 1 - Job Analysis: Our approach involves on-site interviews and job inventories. The interviews are conducted with a small number of incumbents and their supervisors and lead to the development of a detailed job inventory. This time-efficient job inventory is administered to a significant sample of incumbents. The resulting data is extensively analyzed resulting in detailed job descriptions. These descriptions are the foundation for the content validity of the examination as they lead directly to a specific exam plan that details the test content and the modes of assessment for this content. The job analysis data itself will also be provided to the City so that it may be used in additional areas such as classification. Phase 2 - Test Development: We will develop the exam content, administrative procedures and instructions based on the job analysis and agreed upon by the City. The resulting written exams may be expected to assess the knowledge and City Attorney Approved Version 4/1/15 skill areas that Darany and Associates and other researchers have shown to accurately predict success in the sorts of job classifications that are the object of these projects. The job analysis will document the rationale for such test components in an exam plan. Phase 3 - Test Administration: Test administration guidance materials will be provided for each test component. Phase 4 - Periodic and Final Reports: Following Phase 1, we will provide the City with a job analysis and examination plan report. A mid-project report will be provided to the City indicating progress and plans for completion. Finally, a test validation report will be provided. This report will document the content validity of the testing process including activities from each phase and relevant statistical information. City's Role: Darany and Associates will collaborate with the City throughout the test development and validation project. We would expect the City to participate in the two projects in the following ways: A. Provide preliminary job information such as class specifications, previous job analysis reports, previous announcements, and organization charts. B. Provide subject matter experts (SME's) for several information gathering sessions. C. Communicate with candidates regarding the exam announcement, job.applications, test scheduling, and scoring notification. D. Administer job inventories to incumbents. E. Provide facilities for job analysis and other meetings. F. Assist in the coordination of staff acting as SME's, etc. G. Administer all phases of processing following our content validity report (e.g., scoring, challenges, eligible list maintenance, and vacancy referrals). Compensation: The fee for each job family is $6,600 for a total of $13,200 combined. We will provide an invoice to the City for one-half of the total, or $6,600 approximately one month after initiating the first project. An invoice for the final $6,600 will be submitted after all phases of both projects have been completed. City Attomey Approved Version 4/1/15 Donna Heraty From: Donna Heraty Sent: Thursday, September 03, 2015 2:02 PM To: 'tsdarany@earthlink.net' Cc: Cheri Abbott; Shelley Collins Subject: FW: Form 700 - Conflict of Interest Dear Consultant: Regarding your agreement with the City of Carisbad for test development - // your agreement states: Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interest in all four categories. It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement for this agreement with the City of Carisbad. A copy of this email will be added to your file memorializing this decision. Should you have any questions, please do not hesitate to contact me. Kindest regards, Ccityof Carlsbad Shelley Collins, CMC Assistant City Clerk City Clerk's Office City of Carisbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 www.carlsbadca.gov 760-434-2917 I Shellev.Collins@carisbadca.gov Conne^t^f/, Facebook | Twitter j You Tube | Flickr j Pinterest j Enews