HomeMy WebLinkAboutR-95-0874J-95-984
11/28/95
RESOLUTION 874
NO. `�`
A RESOLUTION, WITH ATTAENT(S), ACCEPTING
THE PROPOSAL OF BOOTH RESEARCH GROUP, INC.,
TO DEVELOP AND IMPLEMENT A CUSTOMIZED WRITTEN
EXAMINATION AND JOB SIMULATION PROCESS FOR
THE CLASSIFICATION OF FIRE LIEUTENANT, CITY
OF MIAMI, FLORIDA, AT A TOTAL COST OF
$29,000; ALLOCATING FUNDS THEREFOR FROM THE
CITY OF MIAMI FIRE -RESCUE DEPARTMENT GENERAL
OPERATING BUDGET, INDEX CODE NO. 280401-270;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH BOOTH RESEARCH GROUP, INC., IN
SUBSTANTIALLY THE ATTACHED FORM, FOR THE
PROVISION OF SAID SERVICES.
WHEREAS, Requests for Proposals were mailed to various firms
to seek a broad range of responses from qualified professionals
in the field of fire promotional systems design and
implementation; and
WHEREAS, this service will be used by the City of Miami
Fire -Rescue Department for the purpose of promoting eligible
candidates to the rank of Fire Lieutenant; and
WHEREAS, the proposal received from Booth Research Group,
Inc., was the most advantageous to the City; and
WHEREAS, funds for said services are available from the City
of Miami Fire -Rescue Department General Operating Budget, Index
Code No. 280401-270;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
ATTACHMENTS)
CONTAINED
CITY COMMISSION
MEETING OF
DEC 0 7 1995
Resolution No.
95- 874
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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 of Booth Research Group, Inc.,
to develop and implement a customized written examination and job
simulation process for the classification of Fire Lieutenant,
City of Miami, Florida, for a total cost of $29,000, is hereby
accepted, with funds therefor hereby allocated from the City of
Miami Fire -Rescue Department General Operating Budget, Index Code
No. 280401-270.
Section 3. The City Manager is hereby authorized to
execute an agreement, in substantially the attached form, with
Booth Research Group, Inc., for the provision of said services.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 7th day of December 1995.
ST HEN P. CLARK, MAYOR
ATTEST:
a _
WALTE J FOEMAN
CITY R
2-
95-- 874
ASSIITANT CITY ATTORNEY
r�
APPROVED AS TO FORM AND CORRECTNESS:
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95- 874
PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this day of ,
1995, by and between the City of Miami, a municipal corporation
of the State of Florida, hereinafter referred to as "City," and
BOOTH RESEARCH GROUP, INC., a Colorado Corporation, hereinafter
referred to as "Consultant."
RECITAL.
WHEREAS, the City of Miami wants to enhance and develop
valid selection instrument(s) for the classification of Fire
Lieutenant; and
WHEREAS, the preparation of a job -related multiple choice
promotional examination and job simulation exercise requires
specialized knowledge and skills; and
WHEREAS, the undersigned Consultant has the expertise to
carry out the aforementioned task.
NOW, THEREFORE 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:
TERMS:
The term of this Agreement shall be from December 8, 1995,
through May 31, 1995.
a
SCOPE OF SERVICES:
Consultant will:
A. Review source material provided by the City of Miami Fire
Department's Book Review Committee and compare it with the
job analysis data to ensure that all items drawn from the
source materials represent true selection criteria and are
representative of the job content.
B. Prepare an examination which will require writing 175
multiple choice items, each with one correct alternative and
nSVt
three incorrect alternatives. �E 1.1411 ��b200�it mks
for the City's Subject Matter- Expert's review
seven (7) days before the examination administration
�r�cs
•\,y by the City. These
selec from those
items will be drawn from the approved Recommended
Promotional Book List as follows:
40 - Emergency Care of the Sick and Injured 6th Ed.
9 Y Injured,
35 Fire Officers Handbook of Tactics
28 - Supervision: Concepts and Practices of Management,
5th Ed.
24 - Emergency Operations Manual
16 - IAFF Contract
16 - Driver Engineer Study -Checkout Package
16 - Selected Labor Management Agreements
C. Guarantee that all items will be in accord with the
exclusions stated in the Recommended Promotional Book List;
that all items will include grammar and syntax
considerations; and that all items will have the source used
for the correct alternative identified at the end of each
item. All. correct alternatives must be taken verbatim from
the source material. The Consultant will be responsible for
maintaining test security prior to the administration of the
exam.
D. Assemble the examination and related materials including,
but not limited to 250 copies of the examination, scantrons,
scoring keys, and 200 copies of a detailed key which
identifies the correct answer and the page and paragraph of
the source material from which this alternative was drawn by
the examination date. The script to be used for
administration of this exam will be submitted to the
designated City representative no later than one week prior
to the examination date for review and comment.
E. Evaluate challenges submitted by candidates and make
recommendations regarding retaining, rekeying or eliminating
items challenged. Score all written exams based on final
determination by the City.
F. Score all exams after sustained challenges are resolved and
provide a post administration analysis of the item
characteristics (item difficulty, item discrimination, and
item homogeneity); recommend pass point score, identifying
all appropriate methods for establishing this pass point
score.
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- G. Based on the score established by the City, prepare
statistical analysis of results including, but not limited
to, indices of validity and reliability, statistical
significance and correlation, and adverse impact analysis.
Provide mean and standard deviation statistics; also provide
the means of addressing any gender and racial differences,
should any be found. All of the above will be provided
within five (5) working days of the date of receipt of final
approval of item challenges. All scoring_ results must be
error free.
H.' Develop an in -basket exercise appropriate for measuring
knowledges, skills and abilities identified in the existing
job analysis within 20 days of the execution of this
Agreement. Subject matter experts will provide input to this
exercise. The City's subject matter experts must approve all
exercise prior to the exam administration.
I. Identify knowledges and skills being measured by each
portion of the examination together with the appropriate
percentages, and identify appropriate weight of both
components of this examination based on the existing job
analysis. Develop exercise bench marks which the City's
subject matter experts will review for specific job
relevancy.
J. Develop assessor training materials and administer assessor
ftraining. The City's Department of Human Resources must
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95- 874
approve all training. This material must be submitted to
the City's Department of Human Resources for review no less
than one week prior to its administration.
K. Provide orientation sessions for all candidates, including
written guidelines for, and description of, job simulation
exercise.
L. Coordinate and administer job simulation exercise providing
all materials, supplies, and equipment needed.
M. Arrange for and provide four (4) assessors, including
lodging and transportation costs, for qualified, out-of-
state assessors (as described below).
N. Schedule and conduct sessions for training and exercise
evaluation by assessors at off -site locations approved by
the City's Department of Human Resources. The number of
assessors and appropriate ethnic/gender representation must
also be approved by the City's Department of Human
Resourcesr €�' must hold or have recently held the rank of
Fire Lieutenant. If any assessor drops out, a whole new
panel of four (4) assessors must be convened who have done
no other assessing for this process.
0. Score in -basket exercise and determine combined score for
all candidates.
P. Provide candidates feedback to include a written profile of
candidates' performance and plan for improving performance.
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Q. Prepare final report including documentation of the
development, administration, scoring, and validity of both
the written exam and job simulation exercise. This will
include detailed explanation of the controls and safeguards
used to eliminate rater bias and assure accurate analytical
interpretation and completeness.
R. Assure that all work is performed by him/her or under
his/her direct supervision and that all associates used on
this project have a minimum of a Master's Degree in
Industrial/Organizational Psychology or a related field.
All work must conform to the ethical and professional
principles outlined by the American Psychological
Association and the Society for Industrial and
Organizational Psychology.
S. Upon completion of the project, relinquish all materials
including all completed exams and unused copies of the exam,
scantrons, scoring keys, source materials, any other
documents to the City for archiving.
T. Appear on the City's behalf in the event of any litigation
arising from this multiple choice exam.
The City will:
A. Provide the facility and proctors for the administration of
the examination.
95- 874
B. Provide those exam materials needed for fingerprinting and
identification as well as pencils.
C. Provide all source material identified in the Recommended
Promotional Book List for exam item preparation.
D. Provide final determination regarding items challenged by
candidates.
III.
�tAM 0
COMPENSATION:
A. The City shall pay the Consultants $29,000.00 as -fb
compensation upeti completion of the tasks stipulated in
items A thru T in the Scope of Services section of this
agreement.
B. Such compensation shall be paid according to the
schedule shown below:
�. 20% upon contract initiation - $5,800.00.
50% upon review and approval of multiple choice items
and job simulation exercise - $14,500.00.
30% upon submission of the final report - $8,700.00.
C. The City shall have the right to review and audit the
Ltime records and related records of Consultant
pertaining to any payment by the City.
IV.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Both parties shall comply with all applicable laws,
ordinances and codes of federal, state and local governments.
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95- 874
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.
CITY OF MIAMI
Angela R. Bellamy
Assistant City Manager
Dupont Plaza Center
300 Biscayne Blvd. Way, #200
Miami, FL 33131
CONSULTANT
Walter S. Booth, IV
Consultant
Booth Research Group, Inc.
12689 Antelope Trail
Parker, CO 80134
B. Title and paragraph headings are for convenient reference
and 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 control.
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 under 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.
VI.
OWNERSHIP OF DOCUMENTS:
All documents developed by Consultant under this Agreement
shall be delivered to City by said Consultant 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. Consultant that all documents maintained and
generated pursuant to this contractual relationship between City
and Consultant s a l be subject to provisions of the Public
Records Law, Chapter 119, Florida Statutes.
It is further understood by and between the parties that any
information, writings, maps, contract documents, reports or any
other matter whatsoever which -is given by City to Consultant
Pursuant to this Agreement shall at all times remain the property
of City and shall not be used by Consultant for any other
purposes whatsoever without the written consent of City.
VII.
NONDELEGABILITY:
The obligations undertaken by Consultant 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 RIGHTS.
City reserves the right to audit the records of Consultant
at any time during the performance of this Agreement and for a
period of three _years after final payment is made under this
Agreement.
IX.
AWARD OF AGREEMENT:
Consultant 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,
brokerage fee, or gift of any kind contingent upon or resulting
from the award of this Agreement.
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95- 874
X.
CONSTRUCTION OF AGREEMENT:
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:
Consultant shall indemnify and save City harmless from and
against any and all claims, liabilities, losses, and causes of
action which may arise out of Consultant's activities under this
Agreement, including all other acts or omissions to act on the
part of Consultant, 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 defense of any
such claims, or in the investigation thereof.
XIII.
LEGAL DEFENSE:
In the event of litigation of any nature, the Consultant
shall cooperate with, and assist, the City in the defense of any
litigation arising from the administration of the examination,
i
including but not limited to serving as an expert witness
thereat. Remuneration for such consultation shall not be
considered part of this contract and shall be billed at a
mutually agreeable consulting fee.
XIV.
CONFLICT OF INTEREST:
A. Consultant 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.
Consultant further covenants that, in the performance
of this Agreement, no person having such conflicting
interest shall be employed. Any such interests on the
part of Consultant or its employees, must be disclosed
in writing to City.
i
B. Consultant is aware of the conflict of interest laws of
the City of Mia.mi (City of Miami Code Chapter 2,
i 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.
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Xv.
INDEPENDENT CONTRACTOR:
Consultant 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.
XVI.
TERMINATION 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
Consultant, 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 Consultant an amount in
excess of the total sum provided by this Agreement.
It is hereby understood by and between City and Consultant
that any payment made in accordance with this Section to
Consultant shall be made only if said Consultant is not in
default under the terms of this Agreement. If Consultant is in
default, then City shall in no way be obligated and shall not pay
to Consultant any sum whatsoever.
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XVII.
NONDISCRIMINATION:
i' Consultant agrees that it shall not discriminate as to race,
sex, color, religion, age, martial status, national origin, or
handicap 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, martial
status, national origin, or handicap, be excluded from the
participation in, be denied benefits of, or be subjected to
discrimination under any program or activity receiving federal
financial assistance.
XVIII.
MINORITY PROCUREMENT COMPLIANCE:
Consultant acknowledges that it has been furnished a copy of
Ordinance No. 9775, the Minority Procurement Ordinance of the
City- of Miami, and agrees to comply with all applicable
substantive and procedural provisions therein, including any
amendments thereto.
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NCY CLAUSE:
95- 874
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
• 37
TO,: Honorable Mayor and Members DATE : FILE
of the City Commission NOV 29 �ggy
SUBJECT : Consultant Selection
for Fire Lieutenant
Promotional Process
FROM: CesarOer
O REFERENCES:
City
ENCLOSURES:
RECOMMENDATION
' It is respectfully recommended that the City Commission
adopt a resolution to award a contract to Booth Research
Group, Inc., to develop and administer a promotion process
consisting of a 175-item multiple choice examination and job
simulation exercise for the classification of Fire
Lieutenant.
BACKGROUND
As a result of contacting other jurisdictions who have had
successful examination processes, five (5) consultants were
contacted by soliciting letters of interest in developing
and administering a Fire Lieutenant examination which meets
the criteria established by the Fire Advisory Labor -
Management Committee. No local consultants were available
i` having the expertise and experience necessary. Four of the
id thre of which were from non -minority
responses receve , e
firms, were reviewed by the Fire Advisory Labor -Management
Committee. Walter S. Booth, IV,'was selected based on both
the consultant's ability to provide the services required
and his successful experience in this specialized type of
selection process.
95- 874