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HomeMy WebLinkAboutR-02-0364J-02-280 3/26/02 RESOLUTION NO. 02— 364 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH AON CONSULTING, INC., THE FIRM APPROVED BY THE UNITED STATES DEPARTMENT OF JUSTICE PURSUANT TO COURT ORDER, TO ADMINISTER THE PERSONALITY COMPONENT OF THE EXAMINATION PROCESS OF THE ENTRY-LEVEL EXAMINATION FOR POLICE OFFICERS FOR THE DEPARTMENT OF HUMAN RESOURCES, IN A TOTAL AMOUNT NOT TO EXCEED $25,000; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.270. WHEREAS, on May 4, 1999, Circuit Court Judge Shelby Highsmith placed the City of Miami under a Federal Order with regard to the entry-level examination process of the City of Miami Police Department; and WHEREAS, the City of Miami worked with the Department of Justice ("DOJ") to develop a new entry-level examination for the position of police officer that would, by its design, reduce adverse impact against minority groups known as the Protective Services Profile; and AETTC H l Va"T CO3 M A I2E CITY ON XMIlm bF APP 1 1 2002 02— 364 WHEREAS, AON Consulting, Inc. is the firm approved by the DOJ to administer the personality component for the entry-level examination for the position of police officer; and WHEREAS, funds are available from the Police General Operating Budget, Account Code No. 001000.290201.6.270; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized!' to execute a Professional Services Agreement, in substantially the attached form, with AON Consulting, Inc., the firm approved by the United States Department of Justice pursuant to court order. t administer the personality component of the examination process of the entry-level examination for police officers for the Department of Human Resources, in a total amount not to 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. Page 2 of 3 exceed $25,000, with funds allocated from the Police General Operating Budget, Account Code No. 001000.290201.6.270. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' PASSED AND ADOPTED this 11th day of April 2002. M NUEL A. DIAZ, MAYOR ATTEST: PRISCILLA A. T OMP N CITY CLERK D10 T RM AND CORRECTNESS:/ DRO VILARELLO W6123:tr:LB zi If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 3 02- 364 PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this day of , 2002 by and between the City of Miami, a municipal corporation of the State of Florida ("City") and AON Consulting, Inc. ("Provider"). R1P.V11TA1.C- A. In accordance to a May 4, 1999, Federal Order, and directives of the United States Department of Justice (DOJ), the City had issued a Request for Qualifications ("RFQ") in 2000 for the provision of Miami Police Department entry-level personality test services for Police Officer ("Services") and Provider's proposal ("Proposal"), in response thereto, has been selected as the most qualified proposal for the provision of the Services, as approved by the DOJ. The RFQ and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents, and are by this reference incorporated into and made a part of this Agreement. B. Provider was the DOJ approved firm utilized in the December 2000 entry-level Police Officer examination process in conjunction with the entry-level examination materials developed in-house by the City of Miami Department of Human Resources. The eligible register from this process has expired, and a new examination is to be given utilizing the Provider's personality -based examination process. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Provider and the City agree as follows: TERMS: 02- 364 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM: The term of this Agreement shall be for an initial term of one (1) year commencing on the effective date hereof. 3. OPTION TO EXTEND: The City shall have the option to extend the term hereof for a period of two (2) additional six (6) month periods. City Commission approval shall not be required as long as the total extended term does not exceed two (2) years, or a period equal to the original term of this Agreement, whichever is longer. 4. SCOPE OF SERVICE: A. Provider agrees to provide the Services as specifically described, and under the special terms and conditions set forth in Attachment "A" hereto, which by this reference is incorporated into and made a part of this Agreement. B. Provider represents and warrants to the City that: (i) it possesses all qualifications, licenses and expertise required under the Solicitation Documents for the performance of the Services; (ii) it is not delinquent in the payment of any sums due the City, including payment of permit fees, occupational licenses, etc., nor in the performance of any obligations to the City, (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; and (iv) the Services will be performed in the manner described in Attachment "A". 5. COMPENSATION: A. The amount of compensation payable by the City to Provider shall be based on the rates and schedules described in Attachment `B" hereto, which by this reference is incorporated ML contract 2 02- 364 into this Agreement; provided, however, that in no event shall the amount of compensation exceed $ 25, 000.00 [per the initial and extended term of the Agreement]. B. Unless otherwise specifically provided in Attachment "B", payment shall be made within forty five (45) days after receipt of Provider's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should City require one to be performed. If Provider is entitled to reimbursement of travel expenses (i.e. Attachment "B" includes an estimate of travel expenses as an item of compensation; Provider is entitled to full reimbursement of all reasonable travel costs), then all bills for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. 6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any information, document, report or any other material whatsoever which is given by the City to Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms of this Agreement is and shall at all times remain the property of the City. Provider agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of City, which may be withheld or conditioned by the City in its sole discretion. 7. AUDIT AND INSPECTION RIGHTS: A. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Provider under this Agreement, audit , or cause to be audited, those books and records of Provider which are related to Provider's performance under this Agreement. Provider agrees to maintain all such books and records at its principal place of business for a period of four (4) years after final payment is made under this Agreement. B. The City may, at reasonable times during the term hereof, inspect Provider's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the ML:contract 3 02- 364 goods or services required to be provided by Provider under this Agreement conform to the terms hereof and/or the terms of the Solicitation Documents, if applicable. Provider shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of Section 18-55.2 of the Code of the City of Miami, Florida, as same may be amended or supplemented, from time to time. 8. AWARD OF AGREEMENT: Provider represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 9. PUBLIC RECORDS: Provider understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Provider's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. 10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Provider understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Provider agree to comply with and observe all applicable laws, codes and ordinances as they may be amended from time to time. ML:contract 4 02- 364 11. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of Provider or its employees, agents or subcontractors (collectively referred to as "Provider"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default or negligence (whether active or passive) of the Indemnitees, or any of them or (ii) the failure of the Provider to comply with any of the paragraphs herein or the failure of the Provider to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. Provider expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Provider, or any of its subcontractors, as provided above, for which the Provider's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. 12. DEFAULT: If Provider fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the occurrence of a default hereunder the City, in addition to all remedies available to it by law, may immediately, upon written notice to Provider, terminate this Agreement whereupon all payments, ML:contract 5 Q2,- 364 advances, or other compensation paid by the City to Provider while Provider was in default shall be immediately returned to the City. Provider understands and agrees that termination of this Agreement under this section shall not release Provider from any obligation accruing prior to the effective date of termination. Should Provider be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Provider shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re - procurement of the Services, including consequential and incidental damages. 13. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that all disputes between Provider and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Provider being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds $4,500, the City Manager's decision shall be approved or disapproved by the City Commission. Provider shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds $4,500, or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation (90 days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. 14. CITY'S TERMINATION RIGHTS: A. The City shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to Provider at least thirty (30) business days prior to the ML:contract 6 ©2-- 364 effective date of such termination. In such event, the City shall pay to Provider compensation for services rendered and expenses incurred prior to the effective date of termination. In no event shall the City be liable to Provider for any additional compensation, other than that provided herein, or for any consequential or incidental damages. B. The City shall have the right to terminate this Agreement, without notice to Provider, upon the occurrence of an event of default hereunder. In such event, the City shall not be obligated to pay any amounts to Provider and Provider shall reimburse to the City all amounts received while Provider was in default under this Agreement. 15. INSURANCE: Provider shall, at all times during the term hereof, maintain such insurance coverage as may be required by the City. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage shall be furnished to the City on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of the services under this contract without thirty (30) calendar days prior written notice to the City. Completed Certificates of Insurance shall be filed with the City prior to the performance of services hereunder, provided, however, that Provider shall at any time upon request file duplicate copies of the policies of such insurance with the City. If, in the judgment of the City, prevailing conditions warrant the provision by Provider of additional liability insurance coverage or coverage which is different in kind, the City reserves the right to require the provision by Provider of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the Provider fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following the City's ML:contract 7 02- 364 written notice, this Contract shall be considered terminated on the date that the required change in policy coverage would otherwise take effect. 16. NONDISCRIMINATION: Provider represents and warrants to the City that Provider does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Provider's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Provider further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 17. MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT PROGRAM: The City has established a Minority and Women Business Affairs and Procurement Program (the "M/WBE Program") designed to increase the volume of City procurement and contracts with Blacks, Hispanic and Women -owned business. The M/WBE Program is found in Ordinance No. 10062, a copy of which has been delivered to, and receipt of which is hereby acknowledged by, Provider. Provider understands and agrees that the City shall have the right to terminate and cancel this Agreement, without notice or penalty to the City, and to eliminate Provider from consideration and participation in future City contracts if Provider, in the preparation and/or submission of the Proposal, submitted false of misleading information as to its status as Black, Hispanic and/or Women owned business and/or the quality and/or type of minority or women owned business participation. 18. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in part, without the prior written consent of the City's, which may be withheld or conditioned, in the City's sole discretion. ML:contract 8 02- 364 19. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO PROVIDER: Bruce Ashton, Ph. D. Vice -President AON Consulting, Inc. 625 Liberty Avenue, 10' Floor Pitssburg, PA 15222 TO THE CITY: Angela R. Bellamy Director City of Miami Department of Human Resources P. O. Box 330708 Miami, Florida 33233-0708 20. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to ML: contract WE 02- 364 conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. 21. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 22. INDEPENDENT CONTRACTOR: Provider has been procured and is being engaged to provide services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, Provider shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Provider further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Provider, and agrees to provide workers' compensation insurance for any employee or agent of Provider rendering services to the City under this Agreement. 23. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 24. REAFFIRMATION OF REPRESENTATIONS: Provider hereby reaffirms all of the representations contained in the Solicitation Documents. ML:contract 10 02- 364 25. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 26. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. 27. APPROVAL BY THE OVERSIGHT BOARD: The State of Florida has appointed an Emergency Financial Oversight Board (the "Oversight Board") which is empowered to review and approve all pending City of Miami contracts. As a result, contracts shall not be binding on the City until such time as they have been approved by the Oversight Board. Attestation of this Agreement by the City Clerk shall constitute evidence of its approval by the Oversight Board. 28. SPECIAL INSURANCE AND INDEMNIFICATION RIDER: Please initial if applicable: ❑ ❑ ML:contract 11 02- 364 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. "City" CITY OF MIAMI, a municipal ATTEST: corporation By: Priscilla A. Thompson, City Clerk Carlos A. Gimenez, City Manager ATTEST: Print Name: Title: Corporate Secretary APPROVED AS TO FORM AND CORRECTNESS: Alex Villarello City Attorney ML:contract "Provider" a By: Print Name: Title: corporation APPROVED AS TO INSURANCE REQUIREMENTS: 12 02- 364 ATTACHMENT "A" PROJECT REQUIREMENTS The Provider shall: 1. Provide all necessary copies of the Protective Services Profile (PSP), the approved personality component by the DOJ for the entry-level Police Officer examination process to be used in the examination administration. 2. Provide all necessary score sheets in order to complete the PSP to the City prior to the administration of the examination. 3. Score the PSP after its administration and provide all examination back to the City for use in the examination result tabulations. The Provider shall provide to the Department ofHuman Resources raw and standardized scores for each candidate per exercise as well as a total composite score, as well as distribution information. 4. Work with the City's expert consultant in all stages of examination implementation, and scoring. ML:contract 13 02- 364 ATTACHMENT "B" A. Component Costs For Protective Services Profile*: 1. Examination booklets, score sheets, scoring, and score analysis report $ 12.00 per candidate. Total * $12 per candidate with a maximum contract amount of $25,000. B. PAYMENT SCHEDULE Payment will be made to Provider upon the following system of project completion. Payments (once invoices for services have been received) will be made as follows: 1. After the provision of PSP test materials, score sheets, its administration, scoring and provision of all score analyses to the City of Miami Department of Human Resources. ML:contract 14 02- 364 TO: Honorable Mayor and Members of the City Commission CITY OF MIAMI, FLORIDA Am INTER -OFFICE MEMORANDUM DATE: APR _ 1 2LjO2 FILE: SUBJECT: Entry -Level Examination for Police Officer in the REFERENCES: Miami Police Department ENCLOSURES: RECOMMENDATION It is respectfully recommended that the City Commission approve the attached resolution for test services from AON Consulting, Inc., the approved firm by the United States Department of Justice (DOJ) with regard to the Police Officer examination that is governed by a May 4, 1999, Federal Order regarding test development, for the personality component of the examination process at a cost of $12 per candidate with a total cost anticipated not to exceed $25,000. BACKGROUND On May 4, 1999, Circuit Court Judge Shelby Highsmith placed the City of Miami under a Federal Order with regard to the entry-level examination process of the Miami Police Department. The City of Miami worked with the DOJ to develop a new entry-level examination for the position of Police Officer that by its design would reduce adverse impact against minority groups. The format of the test includes a personality component, which is known as the Protective Services Profile, by AON Consulting, Inc. This was the approved personality component by the DOJ after five (5) different personality measures were reviewed and considered. The DOJ approved examination process was administered in December 2000, and the eligible register from that process is now expired. The entry-level examination for the position of Police Officer will be conducted the week of April 15-19, 2002, to an anticipated 2,000 test candidates. The cost of the personality component to be administered and scored is $12 per candidate and the cost of the examination is only incurred for those who actually participate in the examination process. The total cost of the project is anticipated not to exceed $25,000. Funding is budgeted for the costs of this project in the Miami Police Department's Account # 001000.19((0201.6. 70. CAG/RJ A( /RSJ 02- 364 TO: Judy S. Carter Director FR)m Purchasing i Police CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE: MR 1 1200 FILE SUBIECT Entry-level Examination for Police Officer REFERENCES: ENCLOSURES: This department has verified with the Department of Management and Budget that funds will be available in fiscal year 2002 to pay for the services of AON Consulting, Inc. for the entry-level Police Officer examination personality test component administration and scoring in an amount of $25,000 in the Miami Police Department Account No. 001000.290201.6.270. /MEL BUDGETARY REVIEW AND APPROVED BY: • Marcelo Penha, Assistant Director Department of Management and Budget 02- 364 MIAMI POLICE DEPARTMENT r' APPROVED BUDGET FY 01-02 , MIN. UNIT APPROVED OBJ. DIVISION UNIT DESCRIPTION QTY. PRICE TOTAL COMMENTS 270 ADM PERSONL. POLICE OFC. TESTING AudioNideo E u . Serv. 1 4500.00 4,500.00 O 270 ADM PERSONL. PROMOTIONAL TEST - CAPT. 1 49,400.00 49,400.00 O 270 ADM PERSONL. PROMOTIONAL TEST - LT. 1 99,000.00 99,000.00 C 270 ADM PERSONL. PSA TESTING AudioNideo Equipment Serv. 1 4,500.00 4,500.00 O 270 ADM PERSONL. TEMPORARY PERSONNEL 1 25,000.00 25,000.00 C 610 ADM PERSONL. TEST SITE RENTAL - CAPT. 1 5,000.00 5,000.00 C 610 ADM PERSONk. TEST SITE RENTAL - LT. 1 10 000.00 10,000.00 O 610 ADM PERSONL. TEST SITE RENTAL - POLICE OFFICER 1 4,500.00 4500.00 C 610 ADM PERSONL. TEST SITE RENTAL - PSA 1 4,500.00 4,500.00 O 722 ADM PERSONL. SUPPLIES FOR MINOLTA READER 1 400.00 400.00 B 760 ADM PERSONL. NOTARY PUBLIC 2 90.00 180.00 O 840 ADM PERSONL. DESTROYIT SHREDDER 1 500.00 500.00 O bm- 7/16/01 �r Page 1 of 1 �wf r PROFESSIONAL SERVICES AGREEMENT ITEM: DEPARTMENT: RECOMMENDATION: AWARD SHEET Test Services HRD It is recommended that the City Manager negotiate and execute a Professional Services Agreement, with AON Consulting, Inc., the approved firm by the United States Department of justice (DO)}, for test services for the personality component of the examination process of the entry-level examination for police officers, for the Department of Human Resources, at a total cost not to exceed $25,000; with funds therefor hereby allocated from the Department of Police, Account Code No. 001000.290201.6.270. _ AwardSheet 02- 364