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
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ATTEST:
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WALTER J. FOEMAN
CITY CLERK oft 10
AND CORRECTNESS:&
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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.
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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
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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
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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.
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IIi GWAUO
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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
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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.
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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
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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.
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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
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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
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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