HomeMy WebLinkAboutR-02-1208J-02-926
10/28/02
RESOLUTION No. 02-1208
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER TO APPROVE THE FINDINGS OF THE
SELECTION COMMITTEE THAT THE MOST QUALIFIED
FIRMS TO PROVIDE AND ADMINISTER THE
PROMOTIONAL EXAMINATION PROCESSES FOR THE
CLASSIFICATIONS OF POLICE SERGEANT, POLICE
LIEUTENANT, AND POLICE CAPTAIN FOR THE
DEPARTMENT OF HUMAN RESOURCES, IN RANK ORDER,
ARE: (1) SHL LANDY JACOBS, INC. ("SHL -LJ"),
AND (2) BARRETT AND ASSOCIATES. INC.;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE A
PROFESSIONAL SERVICES AGREEMENT WITH SHL -LJ,
THE TOP-RANKED FIRM, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR AN INITIAL PERIOD OF
TWO YEARS, WITH THE OPTION TO EXTEND FOR
THREE ADDITIONAL ONE-YEAR PERIODS, AT AN
ESTIMATED TOTAL COST NOT TO EXCEED $380,825,
FOR THE INITIAL AND EXTENDED TERM OF THE
AGREEMENT; ALLOCATING FUNDS FROM THE MIAMI
POLICE DEPARTMENT GENERAL OPERATING BUDGET,
ACCOUNT CODE NO. 001000.290201.6.270; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN
AGREEMENT WITH BARRETT AND ASSOCIATES, INC.,
THE SECOND -RANKED FIRM, IN THE EVENT
NEGOTIATIONS FAIL WITH THE TOP-RANKED FIRM;
AND AUTHORIZING THE CITY MANAGER TO PRESENT
THE NEGOTIATED AGREEMENT TO THE CITY
COMMISSION FOR CONSIDERATION.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
IY U V 19 2M2
miia leo.
02-1208
Section 1. The recommendation of the City Manager is
accepted, to approve the findings of the Selection Committee
pursuant to Request for Proposal (RFP) No. 01-02-150, that the
most qualified firms to provide and administer the promotional
examination process for the classifications of Police Sergeant,
Police Lieutenant, and Police Captain are, in rank order, (1) SHL
Landy Jacobs, Inc. ("SHL -LJ"), and (2) Barrett and Associates,
Inc.
Section 2. The City Manager is authorized'I to negotiate
a Professional Services Agreement, in a form acceptable to the
City Attorney, with SHL -LJ, the top-ranked firm, for an initial
period of two years with the option to extend for three
additional one-year periods, at an estimated total cost not to
exceed $380,825 for the initial and extended term of the
agreement, with funds allocated from the Miami Police Department
General Operating Budget, Account Code No. 001000.290201.6.270.
Section 3. The City Manager is further authorizedll to
negotiate an agreement with Barrett and Associates, Inc., the
second -ranked firm, in the event negotiations fail with the top-
ranked firm.
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 02-1208
Section 4. The City Manager is authorized'I to present
the negotiated agreement, in a form acceptable to the City
Attorney, to the City Commission for consideration.
Section 5. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor Y
PASSED AND ADOPTED this 19th day of November 2002.
MANUEL A. DIA Z, R
A TEST:
P ISCILLA A. THOMPS
CITY CLERK
APPRO�je AUTO FORM AND CORRECTNESS:(/
TQJW VIL
ATTORNEY
W6665:tr:AS:BSS
2i 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
02-1208
CITY OF MIAMI, FLORIDA CA=8
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and
Members of the City Commission
F
o Gumene
RO
City Manager
RECOMMENDATION
DATE: W - 4 2n,02 FILE :
SUBJECT: Promotional Examinations: Police
Sergeant, Lieutenant and Captain;
RFP No. 01-02-150
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the attached Resolution
approving the findings of the Selection Committee as to the most qualified firms, in rank order,
to provide promotional examination processes for the classifications of Police Sergeant, Police
Lieutenant, and Police Captain; authorizing the City Manager to undertake negotiations with the
most qualified firm to execute a contract, in a form acceptable to the City Attorney, not to exceed
$380,825; and to instruct the Chief Procurement Officer to issue a purchase order for these
services.
BACKGROUND
As a result of the need for new- promc:tional processes within the Miami Police Department for
the classifications of Police Sergeant, Police Lieutenant, and Police Captain, it is necessary to
secure a test developer to develop, administer/implement, score and prepare final reports, in
accordance with City of Miami Civil Service Rules and Regulations.
Pursuant to Request For Proposal (RFP) No. 01-02-150, thirty-five RFPs were mailed to
prospective vendors. Four proposals were received and analyzed by a Selection Committee,
which recommended two firmsto the City Manager - SHL Landy Jacobs, Inc., and Barrett and
Associates, Inc., ranked one and two, respectively.
The Department of Human Resources recommends that the City Commission accept the findings
of the Selection Committee and authorize the City Manager to enter into negotiations with SHL
Landy Jacobs, Inc., to execute a contract, in a form acceptable to the City Attorney, not to exceed
$380,825; and to instruct the Chief Procurement Officer to issue a purchase order for these
services. In the event negotiations with SHL Landy Jacobs, Inc., are not successful, the City
Manager would h_ authorizes? .o er_ter into negotio;.-ie ._ex highest rated firm, Barrett
and Associates, Inc.
Funding is available to cover the cost of these services in the general operating budget of the
Miami Police Department, Account Code No. 001000.290201.6.270.
CAG/RJN/RSJ/1V>EL
02-1208
TO
FROM
Michael Rath
Acting Director
Department of Purchasing
.1'
ul Martinez
Chief of Police
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE : OCT 0 g 2002
SUBJECT: RFP No. 0 1 -02-150;
Promotional Examinations
REFERENCES:
ENCLOSURES:
FILE:
This department has verified with the Department of Management and Budget that funds
have been and will be budgeted to cover the cost of services in the subject Request for
Proposal No. 01-02-150 in an amount not to exceed $380,825.00 in Account Code No.
001000.298301.6.270. This proposal will cover at least two fiscal years.
a9oaa l
BUDGETARY
Marc&6 Penha% Acting Di
Department of Manageme
RM.bw
APPROVAL:
and Budget
cwofmiwvd
�a eN W
Amount of f -1,11is
.wil M in�a000 ntnumbw
Do•
vb�ili by: SIGNATURE
oZ
02-;1208
CITY MAtjaOERS OFFICE
02 CrT pM 3: 2A
September 25, 2002
Carlos A. Gimenez
City Manager
City of Miami
444 SW 28d Avenue, 10'h Floor
Miami, Florida 33130
Dear City Manager Gimenez:
The Selection Committee for Request for Proposal (RFP) 01-02-150 to develop, implement, and score
promotional examinations for the classifications of Police Captain, Police Lieutenant, and Police Sergeant
convened on August 27, 2002, at which time I was appointed Chairperson for the Selection Committee.
The committee reconvened on September 10, 2002, at which time all proposals were scored, scoring
tabulated, and a recommendation to your office by the entire committee was finalized. It is with this letter
that I present the recommendation of the selection committee as follows:
For the City of Miami to enter into negotiations with the first ranked firm, based on a
combination of qualifications and costs, which was SHL Landy Jacobs, Inc. at a cost not to
exceed $380,825 00for services detailed above. Should negotiations with SHL Landy Jacobs, Inc.
fail, then it is the recommendation of the selection committee for the City of Miami to enter into
negotiations with the second ranked firm, Barrett and Associates, Inc. at a cost not to exceed
$472, 986.00 for same services. Should negotiations with the first and second ranked firms fail, it
is this committee's intention to meet again to discuss the possibility of future action to the City.
Please indicate your approval or disapproval of the committee recommendations below.
Thank you for your attention to this matter. Should you need any additional information,, please contact
me at (305)972-8148 or via email at kbrown(a browncsi.com.
Sincerely,
evin Brown
Chairperson
RFP #01-02-150
APPROVED / DISAPPROVED:
6 3 ctl--
te
02-1208
LIST OF SELECTION COMMITTEE MEMBERS
CONSULTANT FOR POLICE SERGEANT, POLICE LIEUTENANT, AND POLICE
CAPTAIN PROMOTIONAL EXAMINATIONS
RFP NO. 01-02-150
1. Assistant Chief Noel Rojas
Miami Police Department
2. Captain Michael Colombo
FOP Lodge 20
3. Eyran Kraus, Testing and Validation Specialist
Department of Human Resources
4. Alejandro Alonso, M.S., and Ph. D. Candidate UO Psychology
Florida International University
5. Kevin Brown, M. S. and Ph. D. Candidate UO Psychology
BCSi- Chief Consultant; Human Resources Division
02--1208
RFP No. 01-02-150
Consulting Services for Police Captain, Police Lieutenant, and Police Sergeant Examination Processess
SUMMARY TABLE OF VENDOR TOTAL POINTS LOWEST: $ 380,825.00
Total Points before Price FINAL POINTS
Cost/Fee Proposal (Max. 25 (Max. 150
No. Proposer Name (Max. 125) points) points)
1 Barrett & Associates, Inc. 94.45 20.13 114-58
2 Jeaneret & Associates, Inc.
Miami -Dade Community College -North
3 School of Justice Assessment Center
85.10 9.69 94.79
37.60 7.93 45.53
4 SHL USA, Inc. 92.30 2'55.00 117.30
f"'�
Approved by:
4 ,.�;C�Director / Des
Date: (� ' Cv' U .a_.v
n
Approved by:
ce�
Michael A. Rath, Acting Director
Date: �Itd OL
02-:1208
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 SHL Landy Jacobs,
and Associates, Inc. ("Provider").
RECITALS:
A. The City had issued a Request for Proposals ("RFP") for the provision of Miami
Police Department test services for Police Sergeant, Police Lieutenant, and Police Captain,
("Services") and Provider's proposal ("Proposal"), in response thereto, has been selected as the
most qualified proposal for the provision of the Services. The RFP 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. The Commission of the City of Miami, by Resolution No. XX -XXX, adopted on
November 14, 2002, approved the selection of Provider and authorized the City Manager to
execute a contract, under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Provider and the City agree as follows:
TERMS:
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 two (2) years
commencing on the date hereof.
02-1208
3. OPTION TO EXTEND: The City shall have the option to extend the term hereof for a
period of three (3) additional one (1) year periods. City Commission approval shall not be
required as long as the total extended term does not exceed five (5) 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
into this Agreement; provided, however, that in no event shall the amount of compensation exceed
Three hundred eighty thousand eight hundred and twenty-five dollars $ 380,825.00 [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
xr-r 01-02-150 2
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
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
RFP 01-02-150 3
X32 -:t24
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.
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
RFP 01-02-150 4
02-1208
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 requiremeilts 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,
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,
RFP oi-oa-iso 5
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 $25,000, 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 $25,000, 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 TERAHNATION 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
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.
RO1-02-150 6 0 4
FP 1208
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
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
RFP 01-02-150 7 02-1208
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 bf 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.
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
RFP 01-02-150 8 62-1208
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:
Rick R. Jacobs, Ph. D.
CEO USA Consulting
SHL Landy Jacobs, Inc.
300 South Burrowes Street
State College, PA 16801
WITH COPY TO:
Alejandro Vilarello
City Attorney
City of Miami
444 SW 2nd Avenue, 9th Floor
Miami, Florida 33130
TO THE CITY:
Renee S. Jones
Acting 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,
"P,01-02-150 9
02--1208
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
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.
RFP 01-02-150 10 0 208
E �-
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.
R" 01-02-150 11
02-1208
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.
ATTEST:
Priscilla A. Thompson, City Clerk
ATTEST:
Print Name:
Title: Corporate Secretary
APPROVED AS TO FORM AND
CORRECTNESS:
"City"
CITY OF MIAMI, a municipal
corporation
By:
Carlos A. Gimenez, City Manager
"Provider"
a corporation
By:
Print Name:
Title:
APPROVED AS TO INSURANCE
REQUIREMENTS:
Alejandro Vilarello Elliot Fixler, Risk Management Consultant
City Attorney Risk Management Administration
RFP 01-02-150 12 � F) 1 2 ® 8
ATTACHMENT "A"
2.2 PROJECT REQUIREMENTS (From RFP 01-02-150)
The Consultant shall:
1. Develop no less than three examination exercises per classification that are appropriate to
directly measure the knowledge, skills and abilities necessary to perform the job functions for
the classifications of Police Captain, Police Lieutenant, and Police Sergeant. Consultant will
have input from Police Department staff, and the Department of Human Resources in the
development of examination measures. Each examination process must have a preparation
manual/study guide published by the test vendor, with sample exercises, at least 90 days prior
to the administration of the examination.
2. Work with the Miami Police Department and Department of Human Resources to develop a
book list for each classification based upon the Job Analysis; if not already developed. The
book lists must be the sole source of examination material for each classification. Each list
must be published a minimum of 90 days prior to the administration of the examination.
3. Identify percentage of job domain measured by each customized examination process for the
classification. Identify area(s) of job domain not measured by each examination process and
identify appropriate measures for assessing that portion of job domain for the classification.
4. Consultant and members of the Consultant's firm or agency shall be present to administer each
examination process for the classification. Location of test sites is the responsibility of the
City. City staff may be also utilized as proctors for the examination process.
5. Consultant's firm or agency, under the direct supervision of the Consultant, shall score each
examination process and generate descriptive statistics such as means and standard deviation
for each classification. Consultant shall analyze the scores from each examination process to
determine if group means differ, on ethnic groups and/or gender, and to what extent for each
classification.
6. Consultant shall recommend cutoff points on each customized examination process for the
classification. The Department of Human Resources reserves the right to review and approve
the recommended cutoff point for the process.
7. Consultant shall provide an on-site orientation program for each classification to ensure all
candidates receive uniform information for the classification. This phase will include written
guidelines and rules that will govern the administration of the examination process, and a
"question and answer" packet. This packet must be generated by the consultant at least 30
days prior to the test administration and will summarize the questions and issues raised at the
on-site orientation with the responses to each.
RFP o1 -o2 -iso 13 02-1208
8. Consultant shall select, obtain and train individuals from the police community to serve as
assessors, if applicable to each examination process. All assessors will be from agencies
comparable to the Miami Police Department and of the same or higher rank as classification
being tested. Every effort must be made by the proposer to ensure appropriate ethnic and
gender representation is present among assessors used in face-to-face oral board exercises for
each classification, and any assessors that may be scoring a written component. The training of
the assessors and the ethnic and gender background making up the assessor panel must be
approved by the Department of Human Resources for each classification process a minimum
of thirty days prior to each examination administration. The City reserves the right to have
representation present at any and all processes that involve assessors, including but not limited
to training sessions, orientations, selection proceedings, and assessment processes. The same
number of assessors must be used to assess everyone participating in a specific exercise in any
oral board and written portion of an assessment center for each classification, if applicable.
Candidates will be scored by the same assessors for a particular exercise in any oral board and
written portion of an assessment center for each classification, if applicable
9. Consultant shall select, obtain and train individuals to serve as role players, if applicable to the
examination process. Appropriate ethnic and gender representation should be present among
the role players for each classification process. The Department of Human Resources reserves
the right to request that separate role players be used from that of the assessors, if applicable to
the proposed examination process.
10. Consultant may incur costs for audio or video taping the examination processes or exercises, if
applicable to the design of the proposed examination process (e.g., assessment center
exercises) in order to conduct ratings, and/or for record keeping purposes, from audio or video
tape for each of the classifications.
11. The Consultant shall provide candidates feedback to include a written profile of candidate's
performance from their examination processes, and a plan for improving performance that
shall be developed from the score of the candidate. This feedback must be specific to the
performance in each exercise and the scoring guidelines for each exercise, in order for the
candidates to learn what could have been said/done that would have improved his or her score;
this will be provided so that candidates can improve for future examinations. In addition, a
member of the test consultant firm must be available for the appropriate number of days
needed to present in person the feedback to those candidates who competed in an entire
examination process for each classification. If a hurdle examination process is administered,
only those who competed in the entire process shall receive both written and face-to-face
feedback, and all others can receive only written feedback.
12. The Consultant shall provide to the Department of Human Resources statistics stating the
content validity of each examination process in a final report to the City for each classification
(3 reports total.) Actual scores and validity statistics must be provided by the test consultant to
the City upon request for each candidate in the classification. In addition, the test consultant
shall provide a recommendation in the final report in order to assist the City with preparing
M 01 -02 -iso 14
b12-1205
examination candidates for future processes. This report should include sufficient information
to assist the City with developing future training programs for promotional candidates.
13. Use the Job Analysis for each classification that is on file by the City and generate separate
content validity reports linking the examination process to each job analysis report consistent
with the Federal Uniform Guidelines on Employee Selection Procedures and current
professional standards. This information shall be included in each final report.
14. The Consultant shall provide three (8 hours) days of post-test consultation without charge, as
well as lock their current fee rate for consultation at time of proposal for any additional work if
necessary. The Consultant shall, as part of the Contract, agree to appear on the City's behalf as
an expert witness in the event of any litigation arising from examination process for the
classification. The Consultant agrees to appear for a total time of three (3) days ranging from
approximately three (3) to eight (8) hours per day, not including travel time, without any
additional financial costs to the City. After the three (3) days has been utilized, the Consultant
shall be allowed to charge the City his or her reasonable daily rate -at time of Contract for any
additional days for the services relating to litigation and/or appearing as an expert witness; said
appearance and resulting costs have to be approved by the City in advance of travel.
Reasonable travel expenses, a rental car allowance, hotel accommodations, and a meal
allowance for appearances arising from litigation shall be paid to the Consultant by the City as
additional costs upon approval by the City and in accordance with § 112.061, Florida Statutes.
15. The Consultant shall furnish all . equipment, materials, supervision or supplies necessary for
completion of all the services specified in this RFP. Failure to possess the necessary materials
and equipment in order to satisfactorily perform the services may result in the default of the
test consultant from the ensuing contract.
xrP 01-02-150 15 02-1208
ATTACHMENT "B"
A. Fees for Sergeant Core Assessments (includes personnel and overhead):
1. Project Administration and Oversight
$ 6,480
Includes coordination of initial document and data exchange, kick-off meeting
with Miami's project team to finalize timelines and responsibilities as well as on-
going project communications.
2. Written In -Basket Test Development and Administration (Core
Assessment
$16,800
Includes test development, camera ready copy of test materials, monitor training
and 2 staffor 1 day of administration.
3. Oral Exercise Test Development and Administration Core Assessments
$32,840
Includes development of two core exercises, assessor acquisition, monitor and
assessor training, 11 days of on-site administration] and camera ready copies of
assessment materials.
4. Candidate Preparation Manual and Tutorial Session
$8,400
Includes camera ready copy of preparation guide, on-site tutorial sessions (over 3
consecutive days to accommodate candidate work schedules) and camera-ready
copy o "Questions and Answers " packet.
5. Test Scoring, Appeals and Candidate Feedback Reports
$13,500
Includes scoring of all test components, incorporation of appeal results from the
written in -basket test and camera -read copies othe writtenfeedback reports.
6. In -Person Feedback
$22,5002
Includes three staff members to conduct 20 -minute on-site candidate feedback
sessions or 200 candidates.
7. Report
$6,000
Includes camera-ready c9py ofpr9ject report.
Fixed Price Consulting Fees or Core Assessments
$106,52-0
Assessor Travel Fees or Core Assessments
$185,4803
Past contracts with the City have required only 3 days of on-site assessment time, this cost
proposal includes 11 days (per the RFP) and this results in an increase of $9,600 over our past
bid.
2 Please note that this price is based on the RFP requirement that we process all candidates
completing the process (we have assumed up to 200 candidates based on our past experience
with the Department and this position). We believe the actual number requesting feedback will
be much lower and are prepared to adjust this price once final numbers are determined.
RPP 01-02-150 16
02-1208
If the City and Department are interested in using off-site assessors for the oral exercises (and
video-taping the exercises), the overall fee for the core assessments would be reduced by
approximately $6,200. While we would certainly discuss this option in more depth with City, we
do suggest that on-site assessors for the oral processes be used if at all possible.
3 Travel will be billed on a direct reimbursement basis and we expect these to be high-end
estimates assuming schedules can be confirmed with the City in time to purchase advance fare
tickets.
4 ibid
5 ibid
6 ibid
R" 01-02-150 17
02-1208
Item
SHL Travel (In Person Feedback Sessions)
Cost
$590404
SHL Travel (Project Kick-off, Tutorial Sessions, SME
$7,5005
Review Sessions if required on-site and Test
Administration)
Sub-Tdtal AL Sergeant Core Assessments (Including
$1379540
Consulting Fees, Assessor Fees, In ; Person Feedback for
20 Candidates and Travel
Recommended Enhancement (Presentation Exercise Development, Assessor
$49200
Acquisition, Scoring, Administration
Recommended Enhancement Assessor Travel
6
$9,240
Sub -Total A2. Sergeant Total (Core and Recommended
$15099:80
Enhancements, including Consulting Fees, Assessor Fees,
In Person Feedback or 200 Candidates and Travel)
Optional Role Player Fee
$150 per day
per role
player
If the City and Department are interested in using off-site assessors for the oral exercises (and
video-taping the exercises), the overall fee for the core assessments would be reduced by
approximately $6,200. While we would certainly discuss this option in more depth with City, we
do suggest that on-site assessors for the oral processes be used if at all possible.
3 Travel will be billed on a direct reimbursement basis and we expect these to be high-end
estimates assuming schedules can be confirmed with the City in time to purchase advance fare
tickets.
4 ibid
5 ibid
6 ibid
R" 01-02-150 17
02-1208
5►
B. Fees for Lieutenant Core Assessments (includes personnel and overhead):
Please note that this price is based on the RFP requirement that we process all candidates
completing the process (we have assumed up to 100 candidates). We believe the actual number
requesting feedback will be much lower and are prepared to adjust this price once final numbers
are determined.
8 Travel will be billed on a direct reimbursement basis and we expect these to be high-end
estimates assuming schedules can be confirmed with the City in time to purchase advance fare
tickets.
s ibid
10 ibid
RFP 01-02-150 18 02-1208
1. Project Administration and Oversi t
$ 6,480
Includes coordination of initial document and data exchange, kick-off meeting
with Miami's project team to finalize timelines and responsibilities as well as on-
goingpro 'ect communications.
2. Field Incident Test Development and Administration Core Assessment
$18,200
Includes test development, camera ready copy of test materials, monitor training
and 2 stafffor 1 day of administration.
3. Oral Exercise Test Development and Administration Core Assessments
$26,840
Includes development of two core exercises, assessor acquisition, monitor and
assessor training, 6 days of on-site administration and camera ready copy of
assessment materials.
4. Candidate Preparation Manual and Tutorial Session
$8,400
Includes camera ready copy ofpreparation guide, on-site tutorial sessions and
camera -read copy o"Questions and Answers" packet
5. Test Scoring, Appeals and Candidate Feedback Reports
$7,500
Includes scoring of all test components, incorporation of appeal results from the
written in -basket test and writtenfeedback reports.
6. In -Person Feedback
$11,2507
Includes three staff members to conduct 20 -minute on-site candidate feedback
sessions or 100 candidates.
7. Report
$6,000
Includes camera-ready copy ofproject report.
Fixed Price Consulting Fees or Core Assessments
$84,9670
Assessor Travel Fees or Core Assessments
$13,2308
SHL Travel (In Person Feedback Sessions)
$3,3609
SHL Travel (Project Kick-off, SME Review if Requested
On Site, Tutorial Sessions and Test Administration)
$71,50010
Please note that this price is based on the RFP requirement that we process all candidates
completing the process (we have assumed up to 100 candidates). We believe the actual number
requesting feedback will be much lower and are prepared to adjust this price once final numbers
are determined.
8 Travel will be billed on a direct reimbursement basis and we expect these to be high-end
estimates assuming schedules can be confirmed with the City in time to purchase advance fare
tickets.
s ibid
10 ibid
RFP 01-02-150 18 02-1208
If the City and Department are interested in using off-site assessors for the oral exercises (and
video-taping the exercises), the overall fee for the core assessments would be reduced by
approximately $5,780. While we would certainly discuss this option in more depth with City, we
do suggest that on-site assessors for the oral processes be used if at all possible.
RFP 01-02-150
19
02-1208
C. Fees for Captain Core Assessments (includes personnel and overhead):
11 Please note that this price is based on the RFP requirement that we process all candidates
completing the process (we have assumed up to 50 candidates). We believe the actual number
requesting feedback will be much lower and are prepared to adjust this price once final numbers
are determined.
12 Travel will be billed on a direct reimbursement basis and we expect these to be high-end
estimates assuming schedules can be confirmed with the City in time to purchase advance fare
tickets.
13 ibid
RFP 01-02-150 20 02-1208
1. Project Administration and Oversight
$ 6,480
Includes coordination of initial document and data exchange, kick-off meeting
with Miami's project team to finalize timelines and responsibilities as well as on-
goingproject communications.
2. Written In -Basket Test Development and Administration (Core
Assessment
$14,450
Includes test development, camera ready copy of test materials, monitor training
and 2 stafffor 1 day of administration.
3. Oral Exercise Test Development and Administration Core Assessments
$23,740
Includes development of two core exercises, assessor acquisition, monitor and
assessor training, 3 days on-site administration and camera ready copy of
assessment materials.
4. Candidate Preparation Manual and Tutorial Session
$8,400
Includes camera ready copy ofpreparation guide, on-site tutorial sessions (over
the course of 3 consecutive days to cover candidate work schedules) and camera -
read copy o"Questions and Answers" packet.
5. Test Scoring, Appeals and Candidate Feedback Reports
$6,750
Includes scoring of all test components, incorporation of appeal results from the
written in -basket test and writtenfeedback reports.
6. In -Person Feedback
$5,70011
Includes three staff members to conduct 20 -minute on-site candidate feedback
sessions or 50 candidates.
7. Report
$6,000
Includes camera-ready copy ofpro 'ect report
Fixed Price Consuldng Fees or Core Assessments
$71,520
Assessor Travel Fees or Core Assessments
$10,08012
SHL Travel (In Person Feedback Sessions)
$1,50513
SHL Travel (Project Kick-off and Test Administration)
$7950014
11 Please note that this price is based on the RFP requirement that we process all candidates
completing the process (we have assumed up to 50 candidates). We believe the actual number
requesting feedback will be much lower and are prepared to adjust this price once final numbers
are determined.
12 Travel will be billed on a direct reimbursement basis and we expect these to be high-end
estimates assuming schedules can be confirmed with the City in time to purchase advance fare
tickets.
13 ibid
RFP 01-02-150 20 02-1208
If the City and Department are interested in using off-site assessors for the oral exercises (and
video-taping the exercises), the overall fee for the core assessments would be reduced by
approximately $3,605. While we would certainly discuss this option in more depth with City, we
do suggest that on-site assessors for the oral processes be used if at all possible.
14 ibid
15 ibid
RFP 01-02-150 21
02-120
D. OVERALL PRICING (CORE ASSESSMENTS)
Note: For items D2, D3, and D4, only actual costs will be billed.
E. Recommended Enhancements
El. Sub -Total 3 Ranks, Consulting Fees (Recommended Enhancement $24,600
Assessments
E2. Sub -Total 3 Ranks, Assessor Travel (Recommended Enhancement $19,320
Assessments
E3. Total for Optional Recommended Assessments $43,920
Note: For item E2, only actual costs will be bnlea.
All services provided and outputs produced (excluding final report text) will remain the intellectual
property of SHL. Our clients are given a reproduction license to cover the contract period and
requirements (i.e., number of candidates), but may not make any information available to third
parties without written permission from SHL.
Our costs estimate has been derived using our standard daily consultancy rates for public safety
projects and is based upon, a) the scope of work outlined in the proposal and b) the timeline
presented. If either the scope of work or timeline is changed, a modified cost proposal may be
required. Our daily rates are based upon volume of work and related cost savings. The cost
proposal assumes 3 days of post-test consultation at no -additional charge. Unless otherwise
specified, the cost estimate includes: SHL travel, accommodations and per diem;
communications, mail and economy courier services from SHL; and general overhead16. The
cost proposal assumes Priority Mail or Economy Courier Services, expedited services are
available for an additional fee. The cost proposal also assumes 3 -week advance purchase
airfares; government hotel rates (based on letter provided by the client); and a $55 per Diem.
The cost estimate excludes facility -related costs (acquisition, booking, rental, furniture,
equipment), the services of our Litigation Support Group (See attached Engagement Letter), and
16 SHL's daily consultancy rates cover salary, benefits, rent, utilities, insurance, shared corporate
services and general operating costs.
RFP 01-02-150 22 02-1208
activities beyond the scope of work. Should Court Oversight require additional work — beyond the
scope outlined in the proposal, we will prepare an amended Cost Proposal.
RFP 01-02-150 23 02-1208
E. Discounts
1. A cash discount of 2% on consulting fees (excluding travel expenses) will be
provided for payment received within 30 days of invoice.
This bid will remain in effect for 180 days from the date of opening - July 3, 2002.
F. Project Rates
The following rates have been used as the basis of the Cost Proposal:
Project Directors and Managers
Project Staff
Administrative Staff
$250/ hour
$150/hour
$ 50/hour
These rates are subject to a 5-7% cost of business increase per year and pertain to project -related
work only. Rates for litigation or quasi -litigation can be found in the Litigation Support Group
Engagement Letter.
A.
H. PAYMENT SCHEDULE
Payment will be made to SHL/LJ upon a benchmark system of project completion. Payments (once
invoices for services have been received) will be made as follows for each examination process:
1. After the development of the Kick-off Orientation program for the original exam.
2. After the development of the written test and essay component for the original exam.
3. After completion of the administration and scoring of the written test and essay component
of the original exam.
4. After completion of travel and accommodations for original examination.
5. After receipt of the final report for each examination.
RR 01-02-150 24
ACCEPTANCE OF CITY MANAGER AND
EVALUATION COMMITTEE'S RECOMMENDATION
RFP NO. 01-02-150
ITEM: Promotional Examinations: Police Sergeant,
Lieutenant and Captain
DEPARTMENT: Human Resources
TYPE:
Term Contract
REASON: It is recommended that SHL Landy Jacobs, Inc.,
the top ranked firm, be accepted to develop,
administer/implement, score and prepare final
reports, in accordance with City of Miami Civil
Service Rules and Regulations, for the Department
of Human Resources; authorizing the City Manager
to negotiate and execute a Professional Services
Agreement; further recommending that should
negotiations fail with the top ranked firm, proceed
to negotiate with the second ranked firm.
�
Director of Purchasing
Ito
Z -
at
AwardlssueR" 02-1208