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Morrow & Associates Inc. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is between Morrow & Associates, Inc. (Morrow) and the undersigned Agency establishing the Centralized Police Testing Program, Douglas CountylMetropolitan Area Exam (DCMA) hereinafter, Exam. WHEREAS, Morrow is a professional human resource consulting firm with experience in providing services to public sector entities in various personnel matters, and, WHEREAS, the City of Blair Police Department (Agency) desires to utilize and hire Morrow to coordinate and administer the Exam process for entry-level full-time law enforcement positions with the Agency. NOW, THEREFORE, the parties agree as follows: 1. SERVICES. Morrow will coordinate and administer the Exam process. The Agency will designate a representative to assist Morrow in providing materials and information used to facilitate and complete the Exam process, if requested by Morrow. Morrow will develop the registration form, and coordinate the registration process, the schedule of the exams, and other actions deemed necessary for the successful implementation of the Exam process. Morrow will coordinate with the Agency on advertisement for the Exam process. The Agency will assist in promoting the Exam process. Efforts of advertisement will include women and minorities. Morrow will administer and proctor both the written examination and the physical fitness assessment. Morrow will post the score(s) of the exam process for each candidate by identification number. Morrow shall forward the score(s) and contact information of candidates interested in the Agency, in a manner that is agreed to by Morrow and Agencies participating in the Exam group. Other services provided for the Exam process as agreed to by both parties are outlined in the Addendum I, proposal for services, by Morrow. 2. COMPENSATION. The Agency shall pay an annual retainer fee and hiring fee for the services of the Exam process. The retainer fee for the initial year of this agreement is in effect shall be $1,500. Payment of the retainer fee shall be paid to Morrow upon signing of this Agreement. The hiring fee during the initial year of this agreement shall be $250 per hire. The hiring fee is required once the candidate is hired with the Agency. The Agency will notify Morrow of the specific date the candidate begins employment with the Agency. The hiring fee shall be paid within thirty (30) days of the official date of hire. The hiring fee will not be refunded or otherwise returned to the Agency which has paid even if the hired candidate at any point during his/her employment with said Agency fails any portion of the Agency's training program or is separated from such employment for any reason. A non-refundable exam fee shall be charged to each candidate for participation in the Exam process. Such fees shall be retained by M<lrrow. In order to provide an equal opportunity to all candidates, financial assistance may be provided by the Agency. The Agencies participating in the Exam group agrees to sponsor the financial assistance program, as divided equally among Agencies participating in the Exam process. Financial assistance shall cover the cost ofthe exam fees for qualified candidates. The sponsoring Agency shall coordinate the financial assistance program, with notification to Morrow upon the Agency's approval of the candidate for financial assistance. Upon the closing of the registration period, the Agency shall provide Morrow with the exam fees for those approved for financial assistance. Morrow may charge additional expenses pertaining to the Exam process, such as photocopies, postage, fax or mileage, at a rate established by Morrow, provided that such expenses have been previously agreed to by the Agency before the expense incurs. 3. TERM. The term of this Agreement shall remain in force for one (1) year to commence on the date the Agreement is signed by Morrow and the Agency. The Agreement shall be renewable in one (1) year intervals thereafter, or for other lengths of time as may be negotiated and agreed upon by the parties. Morrow may terminate this agreement at any time on a sixty (60) day written notice to the Agency. The Agency may terminate this agreement at any time on sixty (60) day written notice to Morrow, subject to payment by such Agency of any financial obligations under this agreement which are then due from such Agency, including any unpaid participation fees, hiring fees and other expenses. In the event of termination, the Agency is obligated to fulfill the hiring fee terms as outlined in Section 2 once a hiring list is provided to the Agency. Notwithstanding any termination of this Agreement, Morrow shall retain all records relative to this agreement for at least three (3) years, or as otherwise required by state orfederal law or any pending litigation. 4. HOLD HARMLESS. The Agency and Morrow agree to indemnify and hold harmless to the fullest extend allowed by law, the other party from and against any and all claims, damages, losses and expenses (including attorney fees) arising out of or resulting from its respective negligent acts and the negligent acts of its agents and employees in the performance of this agreement. Each party agrees that it will be responsible for its own negligent acts and omissions and the results of its own negligent acts and omissions, and shall not be responsible for the negligent acts or omissions of the other party. 5. NON-DISCRIMINATION CLAUSE. In accordance with federal and state fair employment practices, both parties agree that neither shall discriminate against any applicant for employment to be employed in the performance of this agreement, because of the race, color, religion, age, sex, disability or national origin of the applicant. 6. INDEPENDENT CONTRACTOR It is the express intent of the parties that this agreement shall not create an employer-employee relationship, but that Morrow shall be an independent contractor. 7 . SAVINGS CLAUSE. By the Agency's signature below, the Agency hereby represents that it has full power and authority to enter into this Agreement and to fully perform it pursuant to all federal, state and local statures, ordinances, rules and regulations. The Agency and Morrow agree that should any paragraph, clause, phrase, sentence or provision of this agreement be declared null, void, illegal, invalid, or otherwise unenforceable, the remainder of this agreement shall remain binding upon the parties, and shall remain and continue in full force and effect. 8. AMENDMENT. This agreement and the addendum(s) and proposal for services contain the entire agreement between the Agency and Morrow and shall be binding on all successors and assigns of the respective parties. No amendments, deletions or additions shall be made to this agreement except in writing and signed by all parties. 9. EXECUTION OF COUNTERPART DOCUMENTS. This agreement may be executed in one or more separate identical counterpart copies, each of which shall constitute an original, and it shall not be necessary for each Agency to sign the same physical copy of this agreement (as Morrow) to effectuate the content evidenced by this agreement. All such signed copies shall constitute a single agreement. The Agency and Morrow have caused this Memorandum of Understanding to be signed by their duly authorized representatives. MORROW & ASSOCIATES, Inc. BY: (JJu4eY~ Title: (j/~ Date: ~ 27,' ZCJZJlJ BY: Title: Date: J(..Lt\L 2.. 2 oc><t , ADDENDUM 1- PROPOSAL FOR SERVICES Morrow & Associates, Inc. Morrow & Associates will be the authorized agency responsible for administering the Centralized Police Testing Program, Douglas County/Metropolitan Area Exam process (DCMA). Our firm will serve as the primary point of contact for candidates wishing to apply for inclusion in the Exam process. Morrow & Associates will administer joint recruitment efforts, serve as host for sponsored events, coordinate the exam registration process, administer the written and physical agility exams, consolidate exam scores, and forward the information to the participating Agency. F or the purpose of this addendum, Morrow & Associates is proposing the following services to be included in the Exam process for law enforcement positions: 1. Coordinate recruitment efforts to include attendance at career fairs, and forwarding information to other media sources. Morrow & Associates will coordinate recruitment events to include registration, attendance, preparation of handout materials, signage and agency exposure. Morrow & Associates shall assist in the coordination of a diversity recruitment initiative, with combined effort by the Agency, in order to achieve a candidate database to include women and minorities 2. Coordinate and administer the exam registration process to include notifications, organizing and maintaining candidate information database and verifying candidate qualifications for minimum requirements. 3. Coordinate and process candidate inquiries, mail, notifications, payment, release forms, paperwork, and other exam issues; and provide general customer service for interested candidates. 4. Coordinate and administer the exam process to include purchasing the exams, coordinating the testing location, proctoring the exams and processing test results. 5. Coordinate the release of test results and candidate information with participating Agencies. 6. Collect any and all fees associated with the Exam process.