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HomeMy WebLinkAboutR-01-0483J-01-366 5/19/01. RESOLUTION NO. 01- 483 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH DR. SHELDON ZEDECX FOR THE PROVISION OF TEST DEVELOPMENT AND CONSULTING SERVICES FOR A PERIOD OF TWO YEARS FOR THE DEPARTMENT OF HUMAN RESOURCES, 1N AN ANNUAL AMOUNT NOT TO EXCEED $80,000; ALLOCATING FUNDS FROM HUMAN RESOURCES ACCOUNT CODE NO. 001000.270101.6.270. WHEREAS, pursuant to Resolution No. 96-399, adopted May 23, 1996, the City Commission accepted the proposal of Dr. Sheldon Zedeck for the provision of consulting services to the Department of Human Resources for examination development, administration and validity for a two-year period with the City's option to extend for two additional one-year periods, at an annual cost not to exceed $80,000 per year; and WHEREAS, Resolution No. 00-308, adopted April 30, 2000, authorized an amendment to the Professional Services Agreement (the "Agreement") to extend the terms of the Agreement with Dr. Sheldon Zedeck for a one-year period, in an annual amount not to exceed $80,000; and CITY C0MMS9109 NUTING OF MAY 7 4 2001 xd ow. 01- 483 ;;. WHEREAS, Dr. Zedeck is actively participating in all test development activities of the Department of Human Resources, including those required by May 9, 1999 Federal Consent Decree Order governing test and selection activities; and WHEREAS, a need exists to amend the Agreement to extend the terms of the Agreement for an additional two years to ensure that projects currently underway for the Miami Police Department are completed in accordance with the Federal Order; and WHEREAS, funds are available from Human Resources Account Code No. 001000.270101.6.270; 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. An amendment to the Professional Services Agreement-, in a form acceptable to the City Attorney, with Dr. Sheldon Zedeck for the provision of test development and consulting services for a period of two years for the Department of Human Resources, in an annual amount not to exceed 680,000, is authorized, with funds allocated from Human Resources Account Code No. 001000.270101.6.270. Page 2 of 3 01— 483 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.11 PASSED AND ADOPTED this 24th day of MAY , 2001. JOE CAROLLO, MAYOR In SOODtda M V*h Afami Coft SM. 2.96, *= tft0 #Anger d d not bobcats► appmvai Of this legislation by signing it in the designHted placer vided, said Iegislath-): ATTEST: becomes effective with the slapso of to ) da R 1r c Commissict regarding same, without the (Mayor a/ WALTER J.�FOEMAN CITY CLERK APPROVE D/OCS 90_FO �NDCORRECTNESS-tP If the Mayor doem 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 01- 483 esej� TO: Honorable Mayor and Members of the City Commission FROM Fez City Manager CITY OF MIAMI, FLORIDA A=12 MEMORANDUM DATE �!r y C FILE: �0 SUBJECT: Expert Test Consultation REFERENCES, ENCLOSURES RECOMMENDATION It is respectfully recommended that the City Commission approve a modification to the Professional Services Agreement with Dr. Sheldon Zedeck for a two (2) year extension on behalf of the Department of human Resources at an annual cost not to exceed $80,000; and to instruct the Chief Procurement Officer to issue a purchase order for these services accordingly. BACKGROUND The City Commission by Resolution Nos. 96-344 and 00-308, approved the initial and extension, respectively, of the contract for expert ,est consultation services in an amount not to exceed $80,000 annually with Dr. Sheldon "Zedeck. Said services have encompassed activities in the areas of job analysis, test development, score analysis, and selection procedure review on behalf of the Department of Human Resources in an effort to meet requirements needed to dissolve the 1977 Consent Decree. On May 4, 1999 the Federal Courts issued an Order that dissolved the Consent Decree with respect to all operating departments of the City with the exception of the Miami Police Department. The Federal Order grants the Department of Justice (DOJ) rights to oversee activities with respect to sworn entry level and promotional classifications, as well as Public Service; Aide. Dr. Zedeck currently is overseeing the test development of the Police Sergeant examination, as well as the entry-level Police Officer examination process. In addition, to supervising all test development and job analysis activities of the Department of Human Resources, Dr. Zedeck has been working with City staff to prepare necessary documentation for the dissolution of the Order with regard to the classification of Public Service Aide, Police Officer, and Police Lieutenant. Dr. Zedeck has been a crucial element in all test development processes, and to not extend his services will be of detriment to the test and selection activities of the Department of Human Resources. Additionally, the extension of his services will ensure that projects that are currently underway for the Miami Police Department are completed in accordance with the Federal Order of May 4, 1999. Funding is available to cover the extension in the Department of Human Resources' Account No. 001000. 70101.6.270. CAG JN/A*1RSJ .1. ot. 483 P� CITY OF MIAMI, FLORIDA INTER431MCE MEMORANDUM • TO: Judy S. Carter DATE: April 20, 2001 FILE; Director Department of Purchasing su"cT * Extension of Contract for Al Dr. Sheldon Zedeck FROM: ngelahell y REFERENCES: Director ENC108URU* Department of Human Resources This department has verified with the Department of Management and Budget that funds will be available in fiscal years 2002 and 2003 to cover an extension of the Professional Services Agreement for Dr. Sheldon Zedeck for test development/consultation. Funding will be provided each fiscal year in the amount of $80,000 in the Department of Human Resources' Account No. 001000.270101.6.270. 01m 488 J-00-284 3/31/00 RESOLUTION N0. '►0- 308 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH DR. SHELDON ZEDECK, FOR A ONE YEAR EXTENSION, IN AN ANNUAL AMOUNT NOT TO EXCEED $80,000, FOR THE PROVISION OF CONSULTING SERVICES IN THE AREAS OF JOB ANALYSIS, TEST DEVELOPMENT, SCORE ANALYSIS, AND SELECTION PROCEDURE REVIEW, FOR THE DEPARTMENT OF HUMAN RESOURCES TO BE UTILIZED BY THE POLICE DEPARTMENT; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF HUMAN RESOURCES' ACCOUNT CODE NO. 001000.270101.6.270. WHEREAS, Resolution No. 96-344, adopted May 23, 1996, accepted the proposal of Dr. Sheldon Zedeck, to provide consulting services to the Department of Human Resources, for sworn police personnel examination development, administration and validity, for a two year period with the City's option to extend said service for two (2) additional one (1) year periods, at an annual cost not to exceed $80,000 per year; and WHEREAS, the Miami Police Department is under the jurisdiction of a May 4, 1999 Federal Order superseding the Consent Decree with regard to the Miami Police Department; and WHEREAS, the Federal Order grants the Department of Justice rights to oversee activities pertaining to sworn, entry level positions, promotional classifications and Public Service Aide; and Oi- 483 cm comm8ION 9=01m G of AF" 1 3 7GOD Re,olawa Nu. WHEREAS, Dr. Sheldon Zedeck is currently responsible for the development of an entry-level examination for the classification of Police Officer and for the development of a Police Sergeant examination for administration in Fall 2000; and WHEREAS, a need exists to amend the professional services agreement for the continuation of services of Dr. Sheldon Zedeck for one (1) additional year for the timely completion of Miami Police Department test projects and release from the Federal Order of May 4, 1999; and WHEREAS, funds are available from the Department of Human Resources, Account Code No. 001000.270101.6.270; NOW, THEREFOR, 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. An amendment to the Professional Services Agreement with Dr. Sheldon Zedeck, for a one year extension, in an annual amount not to exceed $80,000, for the provision of consulting services in the areas of job analysis, test development, score analysis and selection procedure review for the Department of Human Resources to be utilized by the Police Department, is hereby approved, with. funds therefor hereby allocated from the Department of Human Resources, Account Code - No. 001000.270101.6.270. O y 483 Page 2 of 3 �/ • Section 3. The City Manager is hereby authorized= to execute an amendment to the professional services agreement, in a form acceptable to the City Attorney, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.'* PASSED AND ADOPTED this 13th day of Anr1l , 2000. JOE CAROLLO, MAYOR In accotanc6 w4r, va ,a�r.+ :.Go*, Sb.. G•:�'+. S::r.:}- .�. NAVYV dk, �rn mAicn• • rc!)rov;:' `A .: -n {ice'` , t18CC":0S @i 3�i!'Jo ve-: i�.;i 3::.... - •apardm% sera, whncu: the 1VA, . �,wrcis r. = a: ATTEST: wftlkf,. my Clow WALTER J. FOEMAN CITY CLERK oft 10 AND CORRECTNESS:& U 269:RCL i' 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. 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. 01- 483 � Page 3 of 3 J-96-378 4/18/96 RESOLUTION Nog 6 - 344 A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSAL OF DR. SBSLDON ZSDECR, FOR FURNISHING CONSULTING SERVICES, TO THE DEPARTMENT OF HUMAN RESOURCES, IN CONNECTION WITH EXAMINATION DEVELOPMENT, ADMINISTRATION AND VALIDITY, FOR A TWO YEAR PERIOD WITH THE CITY'S OPTION TO EXTEND SAID SERVICE FOR TWO (2) ADDITIONAL ONE (1) YEAR. PERIODS, AT AN ESTIMATED ANNUAL. COST NOT TO EXCEED $80,000 PER YEAR; ALLOCATING FUNDS THEREFOR FROM - FISCAL YEAR 1995-1996 SPECIAL PROGRAMS AND ACCOUNTS, ACCOUNT NO. 921128; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THIS PURPOSE. WHEREAS, pursuant to public notice, sealed proposals were received on March 15, 1996, for the furnishing of consulting services for examination development, administration and validity, on a contract basis for two (2) years, with the option to extend for additional two (2) year periods for the Department of Human Resources; and WHEREAS, Request for Proposals to provide the above service were mailed to three (3) potential proposers and three (3) proposals were received; and WHBREA.S, the proposals were evaluated and ranked by a selection committee which recommended that the proposal received ATTACHMENT (S) CONTAINED C" CoMM:stox Parma OF MAY 2 3 1996 PAGaudes a& 01- 483 from Dr. Sheldon Zedeck, for consulting services as requested, be accepted as the one most advantageous to the city; and WHEREAS, funds for this service are available from Account No. 921128, FY '95-96 Special Programs and Accounts; and WHEREAS, the City Manager and the Director of Human Resources recommend that the proposal received from Dr. Sheldon Zedeck, for consulting services as stipulated be accepted as the one most advantageous to the city; NOW, THEREFORE, -HE 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The proposal submitted by Dr. Sheldon Zedeck, for furnishing consulting services to the Department of Human Resources in connection with examination development, administration and validity, for a two year period with the City -8 option to extend said service for two (2) additional one (1) year periods, at an annual cost not to exceed $80,000 per year, is hereby accepted, with funds therefor hereby allocated from Fiscal Year 1995-96 Special Programs and Accounts, Account No. 921128. Section 3. The City Manager is hereby authorized to execute a contract, in substantially the attached form, with Dr. Sheldon Zedeck for the above purpose. 01-- 4831 • • . Section 4. This Resolution shall become effective icanediately upon its adoption. PASSED AND ADOPTED this Zr day of �A,,, 1996. P. CLARK, MAYOR i ATTEST . m=B=- PROFESSIONAL SERVICES AGREEKENT This Agreement entered in this Qh day of 199, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY," and Dr. Sheldon 2edeck hereinafter referred to as "PROVIDER." RECITAL: WHEREAS, the CITY is desirous of entering into an agreement With the PROVIDER for the purpose of securing a firm to provide consulting services for examination development, administration and validity; and WHEREAS, funding is available in the operating budget of the Department of Human Resources, NOW, TREREFORE, in consideration of the mutual covenants and, obligations herein contained, and subject to the terms and conditions hereinafter stated; the parties hereto understand and agree as follows: I. TERM The term of this Agreement shall be from the 23rd day of August , 1996 through August 22 , 1998. The City shall have the option to renew this agreement for two additional terms of one year each under the same terms and conditions as set forth herein. oi- 483 II- SCOPE OF SEYVICSS PROVIDER will: A. ?rain City staff in job analysis, test construction, test validation, performance assessment and implementation of test programs with respect to Uniform Guidelines and other provisions• B. Work with City staff on job analyses for actual positions, participate in sessions needed to generate task statements for job analysis questionnaire, edit statements, analyze data and prepare reports. C• Work with City staff in the development of test exercises. D. Monitor, review and sign off on the work of City staff at all points of test development and validation stages. E. Oversee exam activities contracted to outside consultants, with sign off responsibilities for criteria for consultant' selection; exam design; final products, including candidate preparation manuals; exam instructions; exam content; exam scoring plans; performance criteria (in a criterion -related validation study); assessor training; validation strategy; review of results; final report and other related elements as identified by the City. ' F. Work with "interested party" experts (plaintiffs and Department of Justice experts) in the development and validation of tests. G. Serve as an expert witness on the City's bebalf in response to complaints, grievances or challenges in state, federal or circuit court, or other forums. 01- 463 • 2 - IIt. COMPENSATION A. CITY and PROVIDER estimate that the amount of compensation for the services described in Paragraph It hereof together with all costs associated herewith as described in paragraph I110 )(2) shall not exceed $80,000 per year. B. Such compensation shall be paid monthly for work performed the previous month upon submission of properly certified invoices. 1. Payment for services rendered by Dr. Zedeck will be billed at a rate of $225.00 per hour. 2. All travel, per diem and other costs associated with these services shall be paid from the funds appropriated for this contract. C. CITY shall have the right to review and audit the time records and related records of PROVIDER pertaining to any' payments by the CITY. IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties shall comply With all applicable lays, ordinances and codes of federal, state and local governments. V. GENERAL CONDITIONS A. All notices or other communications which shall or may be ' given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other'party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. o t W. 483 -- 3 CITY OF MIAMI PROVIDER Angela R. Bellamy Dr. Sheldon Zedeck Assistant City Manager Vice -President City of Miami CORE Corporation P.O. Box 330708 Pleasant Hill Executive Park Miami, FL 33233-0708 391 Taylor Blvd., Suite 110 Pleasant Hill, CA 94523-2275 B. Title and paragraph headings are for convenience reference and are not a part of this Agreement. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any' attached documents, the terms in this Agreement shall rule. D. 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. E. Should any provisions, paragraphs, sentences, words or, phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable and the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences words or phrases shall be deemed modified to the extent necessary in order to conform with -such Laws, or if not modifiable to conform with such laws, 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. - 4 - IIi GWAUO ol- 483 • 0 VI. OWNERSRIP OF DOCUMENTS All documents developed by PROVIDE& under this Agreement shall be delivered to CITY by said PROVIDER upon completion of the services required pursuant to Paragraph II hereof and shall become the property of CITY, without restriction or limitation on its use. PROVIDER agrees that all documents maintained and generated pursuant to this contractual relationship between CITY to PROVIDE& pursuant to this Agreement shall at all times remain the property of CITY and shall not be used by PROVIDER for any other purposes whatsoever without this written consent of CITY. VII. NONDELEGABILITY The obligations of PROVIDER pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such service or any part thereof by another person, or firm. VIII• AUDIT RIGSTS CITY reserves the right to audit the records Of PROVIDER pertaining to the work and payments related to this project at any time during the performance of this Agreement and for a period of three years after final payment is made under this Agreement. IZ. AWARD OF AGREEMENT PROVIDER warrants that it has not employed or retained any person 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 employed by the CITY any fee, commission percentage, O1 - 483 - 5 - 9 ■ brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. Z. CONSTRUCTION OF AGRERMENT This Agreement shall be construed and enforced according to the laws of the State of Florida. XI. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. XII. INDEMNIFICATION PROVIDER shall indemnify and save CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of PROVIDER'S activities under this Agreement, including all other acts or omissions to act on the part of PROVIDER, including any person acting for or on its behalf, and, from and against any orders, judgments, or decrees which may be entered and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defspse of any such claims, or in the investigation thereof. 1111. CONFLICT OF INTEREST A. PROVIDER covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with CITY. PROVIDER further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. - 6 - 01- 483 0 Any such interests on the part of PROVIDER or its employees, must be disclosed in writing to CITY. B. PROVIDER is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida (Dade County Code Section 2-11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. XIV. INDEPENDENT CONTRACTOR PROVIDER and its employees and agents shall be deemed to be independent contractors, and not agents or employees of CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of CITY, or any rights generally afforded classified or unclassified employees, further he/she shall not be deemed entitled to .the Florida Workers' Compensation benefits as an employee of CITY. XV. TERKINATION OF CONTRACT CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to Paragraph II hereof without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to PROVIDER, who shall be paid for those services performed prior to the date of its receipt of the notice of termination. In no case, however, will CITY pay PROVIDER an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and PROVIDER that any payment made in accordance with this Section to PROVIDER shall be made only if said PROVIDER is not in default under the -7- 11011MA- 41= 483 terms of this Agreement. If PROVIDER is in default, then CITX shall in no way be obligated and shall not pay to PROVIDER any sum whatsoever. ZVI. NONDISCRIMINATION PROVIDER agrees that it shall not discriminate as to race, sex, color, religion, age, national origin, handicap, or marital status in connection with its performance under this Agreement. Furthermore, that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, religion, age, national origin, handicap, or marital status be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. XVII. MINORITY PROCUREMENT COMPLIANCE PROVIDER acknowledges that it has been furnished a copy of Ordinance No. 10062, as amended, the Minority Procurement Ordinance of the -City of Miami, and agrees to comply with all applicable substantive 'and procedural provision4 therein, including any amendments thereto. XVIII. 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, or authorization, reduction of fuads, and/or change in regulations. XIX. DEFAULT PROVISION In the event that PROVIDER shall fail to comply with each and. every term and condition of this Agreement or fails to 01- 483 — 8 — perform any of the terms and conditions contained herein, then CITY, in addition to all other remedies available by law, as its sole option and upon written notice to PROVIDER may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to PROVIDER by CITY while PROVIDER was in default of the provisions herein contained shall be forthwith returned to CITY. XX- ENTIRE AGREEMENT This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said grant and correctly sets 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. XXI. AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. — 9 — mat 01- 483 IM WITNEgS 1982.207, the parties hereof have caused this instrusent to be executed by the respective officials thereunto duly authorised, this the day and year first above written. ATTEST: WAL"M-TOFXAN C11W C le --- ATTEST: A) -K To-rporatiolm Secretary APPROVED AS TO INSURANCE REQUIREMENTS: InsullFace Manager - 10 - CITY OF MIAMI, a municipal Corporation o he State of Florida: Bys CESAR H. OD10 City Manager PROVIDES: By: D 8 el a 8e ee (Title) Urs- free-Ae.�' (Seal) APPROVED AS TO FORK AND C0RRICTNESS: QU J N S, I CrAttorney Ag.. Q ni- 483 W; OW AwaMMMOt • PROFESSIONAL SERVICES AGREEMENT EXTENSION Consuldng Services Human Resources It 6 recommended that the CityManager approve an extension to the Professional Services Agreement, with Dr. Sheldon Zedack, for test development and consultation services, for a period of two (2) years, for the Department of Human Resources, In an amount not to exceed $80,000 annually; with funds therefor hereby allocated from the Department of Human Resources Account Code No. 001000.2 70101.6.2 70. �V—L)4Dk-�hrieicto[o h 1 C) Date 81- 483