HomeMy WebLinkAboutR-94-0750J•-94-881
10/20/94
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A RESOLUTION, WITH ATTACM'MTCS) , ACCEPTING THE
PROPOSAL OF BOOTH RESEARCH GROUP, 1NC . , TO DEV21OP AND
IMPLEMENT A CUSTOMIZED WRITTEN ECAIMUTION AND JOB
SIMULATION EXEF=SES PROCESS FOR THE C I ASSIFICATICN OF
POLICE LIEUTENANT, , AT A TOTAL PROPOSED AMOUNTNOT TO
EXCEED $ 50 , 238.00 ; AL U)CATING FUNDS THMUN OR Fri THE
CITY OF MLVa POLICE DEPARTMENT GENERAL OPERATING
BUDGET, INDEX CODE NO. 290201-270; AUTHORIZING THE
CITY MANAGER TO EX E7GM AN AMEIIUNT , IN SUBSTANTIALLY
THE ATTACHM FORM, WITH B00TH RESEARCH GROUP, INC.,
FOR SAID SERVICES.
WFIE MS, Requests for Proposal were mailed to various firms to seek a
broad range of responses from qualified professionals in the field of police
promotional systems design and implementation; and
WHMvAS, said service will be used by the City of Miami Police
Department for the purpose of promoting eligible caTxUdates to the rank of
Police Lieutenant; and
WHER.AS, the proposal received from Booth Research Group, Inc., was the
most advantageous to the City; and
WM2FAS, funds for said services are available from the City of Miami.
Police Department General Operating Budget, Index Code No. 290201-270;
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.
[ -A-P - --- -
"m COMMSSION
MEETING OF
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Section 2. The proposal of Booth Research Group, Inc., to develop
and implement a customized written examination and job simulation exercises
process for the classification of Police Lieutenant, at a total proposed
amount not to exceed. $50,238.00, is hereby aooepted, with Hinds therefor
hereby allocated from the City of Miami Police Department General Operating
Budget, Index Code No. 290201-270.
Section 3. The City Manager is hereby authorized to enter into an
agreement, in substantially the attached form, with Booth Research Group,
Inc., for said services.
Section 4. This Resolution shall become effective imnedi atel y
upon its adoption.
PASSED AND ADOPTED this 27th day of October , 1994.
k
SAMW P. , MAYOR
A
MAtTY
HLRAI
CITY' CLERK
.. ... DID Is .... • �+r
PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this day of
19 , 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., hereinafter referred to as
"Consultant".
RECITAL:
WHEREAS, the City of Miami wants to enhance and develop
valid selection instrument(s) for the classification of Police
Lieutenant; and
WHEREAS, it will be necessary to conduct a job -related
promotional examination consisting of a multiple choice exam and
assessment center for the classification of Police Lieutenant; and
WHEREAS, the preparation of a job -related multiple choice
promotional examination and assessment center 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 ana
conditions hereinafter stated, the parties hereto understand and
agree as follows:
TERM:
The term of this Agreement shall be from October 28, 1994,
through May 31, 1995.
WREN RETURNING FOR FURTHER
REVIEW, PLEASE IDENTIFY AS
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SCOPE OF SERVICES:
Consultant will:
A. Review source material provided by the City of Miami Police
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 105
multiple choice items, each with on orrecltalternative and
three incorrect alternatives. Will Tprne 220 items
for the City's subject matter experts to review no less than
25 days before the examination administratior4/and select
105 from those deemed acceptable by the City. These items
will be drawn from the approved Recommended Promotional Book
List as follows:
48 - Departmental Orders
15 - Florida Law Enforcement Handbook
15 - Police Administration, 3rd Ed.
15 - Civil Service Rules & Regulations
6 - FOP Contract
6 - ASFSME Contract
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.
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E.
F.
G.
Assemble the examination and related materials including,
but not limited to 100 copies of the examination, answer
sheets, scoring keys, and 100 copies of a detailed key which
identified 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.
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.
Develop four assessment center exercises appropriate for
measuring knowledges, skills and abilities identified in the
existing job analysis within 45 days of the execution of
this Agreement. Subject matter experts will provide input to
the development of these exercises. The City's Department of
Personnel Management must approve all exercises no less than
two weeks prior to the exam administration.
Identify percentage of job domain measured by assessment
center exercises and identify appropriate weights of
behavioral skills identified and measured in each of these
exercises based on the existing job analysis. Develop
exercise report forms which the City's Department of
Personnel Management and subject matter experts will review
for specific job relevancy.
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H. Develop assessor training materials and administer assessor
training. The City's Department of Personnel Management must
approve all training. This material must be submitted to
the City's Department of Personnel Management for review no
less than one week prior to its administration.
I. Provide orientation sessions for all candidates, including
written guidelines for, and description of, assessment
center process.
J. Coordinate and administer assessment center process
providing all materials, supplies, and equipment needed.
K. Schedule and conduct sessions for training and exercise
evaluation by assessors at an off -site location approved by
the City's Department of Personnel Management. The number of
assessors and appropriate ethnic/gender representation must
also be approved by the City's Department of Personnel
Management. These assessors must hold or have recently held
the rank of Police Lieutenant or above, and have had prior
experience as an assessor in a police promotional assessment
center. The three (3) assessors to be used on each exercise
must evaluate all candidates for that exercise. If any
assessor drops out, a whole new panel of three (3) assessors
must be convened who have done no other assessing for this
process.
L. Score assessment center exercises and recommend pass point
score, identifying all appropriate methods for establishing
this pass point score. Based on score established by City's
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Department of Personnel Management, prepare statistical
analysis of results including, but not limited to, indices
of validity and reliability, statistical significance and
correlation, item analysis and adverse impact analysis.
M. Provide candidates feedback to include a written profile of
candidates' performance as well as a face-to-face feedback
session which includes recommendations for improving
performance.
N. Prepare final report including documentation of the
development, administration, scoring, and validity of both
the written exam and assessment center process.
0. Appear on the City's behalf in the event of any litigation
arising from this assessment center and multiple choice
exam.
The City will:
A. Provide the facility and proctors for the administration of
the written examination and assessment center.
B. Provide those exam materials needed for fingerprinting and
identification as well as general office supplies.
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.
COMPENSATION'
A. The City shall pay the Consultant $50,238.00 as
compensation upon completion of the tasks stipulated in
items A thru 0 in the Scope of Services section of this
agreement.
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B. Such compensation shall be paid according to the
schedule shown below:
20% upon contract initiation - $10,047.60.
50% upon development of assessment center exercises -
$25,119.00.
30% upon submission of the final report - $15.071.40.
C. The City shall have the right to review and audit the
time records and related records of Consultant
pertaining to any payment by the City.
D. The City will arrange for, and provide, all videotaping
of assessment center process.
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.
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.
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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
CONSULTANT
Angela R. Bellamy Walter S. Booth, IV
Assistant City Manager Consultant
Dupont Plaza Center Booth Research Group, Inc
300 S. Biscayne Blvd. Way, #200 P.O. Box 440815
Miami, FL 33131 Aurora, CO 80044
B. Title and paragraph headings are for convenient
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
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 under the laws of the State
of Florida or the City of Miami, such provisions,
paragraphs, sentences, words or phrases shall be deemed
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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 agrees that all documents maintained and
generated pursuant to this contractual relationship between City
and Consultant shall be subject to all 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.
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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 (3) 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.
X.
CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
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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,
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 rate of
$150.00 per hour.
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94- 750
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.
B. Consultant 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.
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
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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.
XVII.
NONDISCRIMINATION:
Consultant agrees that ttit sha 1 not dd��cr_iminate as to race,
sex, color, �nati&al origin, or handicap in connection
with its performance under this Agreement. Furthermore that no
otherwise qualified individual shall, b�,,
y�reaasson of his/her
race, sex, color, �'nat dna a' , or handicap, be
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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.
XIX.
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 funds, and/or changes in regulations.
XX.
DEFAULT PROVISION:
In the event that Consultant shall fail to comply with each
and every term and condition of this Agreement or fails to
perform any of the terms and conditions contained herein, then
City, at its sole option, upon written notice to Consultant may
cancel and terminate this Agreement, and all payments, advances,
or other compensation paid to Consultant by City while Consultant
was in default of the provisions herein contained, shall be
forthwith returned to City.
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XXI.
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.
XXII.
AMENDMENTS•
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed by the respective officials thereunto
duly authorized, this the day and the year first above written.
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CONSULTANT:
Booth Research Group, Inc.
ATTEST:
By
Walter S. Booth, Ph.D.
Director
Corporate
Secretary
CITY OF MIAMI, a municipal
Corporation of the State of Florida
By
CESAR H. ODIO
City Manager
ATTEST:
By
MATTY
HIRAI
CITY
CLERK
APPROVED AS TO INSURANCE
REQUIREMENTS:
s
Frank Rollason
Risk Management Division
APPROVED
AS TO FORM AND
CORRECTNESS:
A. QUINN
JONES, III
City Attorney �11iI
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CITY OF MIAMI, FLORIDA CA=36
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members' '
TO of the City Commission DATE : OCT 18 1994 FILE
SUBJECT : Consultant Selection
for Police Lieutenant
Promotional Process
FROM : Cesa io REFERENCES:
City r
ENCLOSURES: ,
RECOMMENDATION
it is respectfully recommended that the City Commission adopt a
resolution to award a contract to the Booth Research Group, Inc.,
of Aurora, Colorado,. an out-of-town, non -minority consultant, to
develop and administer a promotional process consisting of a 110
item multiple choice examination and job simulation exercises for
the classification of Police Lieutenant.
BACKGROUND
As a result of contacting other jurisdictions of similar size and
concerns, and professional organizations which specialize in
testing and screening procedures, a group of six (6) consultants
were identified who would best fit the needs of the City of Miami
Police Department. Our goal was to select a consultant who would
be a Ph.D. in I/O Psychology, and have successful experience in
providing assessment center processes for jurisdictions similar
in size who were under consent decrees, and who has some
successful litigation experience. These six (6) initial
consultants were contacted by soliciting letters of interest in
developing and administering a Police Lieutenant examination
which meets the criteria established by the Police Advisory
Labor -Management Committee. The three (3) responses received were
reviewed by the Police Advisory Labor -Management Committee
consisting of the F.O.P. President, a representative of the
Police Chief and Department of Personnel Management staff. The
Booth Research Group, Inc., was selected based on both the
consultant's ability to provide the services required and his
considerable successful experience in this specialized type of
selection process.
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