HomeMy WebLinkAboutR-93-0274d-93-194
3/99/93
RESOLUTION NO.
93— 274
A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING
THE PROPOSAL OF MORRIS V MoDANIEL, INC., TO
CONDUCT A e7OB ANALYSIS FOR THE CLASSIFICATION
OF POLICE SERGEANT AND TO DEVELOP A WRITTEN
TEST CONSISTING OF 18S MULTIPLE CHOICE
QUESTIONS DERIVED FROM A RECOMMENDED
PROMOTIONAL BOOK LIST, AND TO CONDUCT AN ORAL
BOARD ASSESSMENT OF THOSE DOMAINS OF THE JOB
OF POLICE SERGEANT THAT ARE NOT EASILY
ASSESSED USING TRADITIONAL PAPER AND PENCIL
TESTS, FOR A TOTAL PROPOSED COST OF
$40,501.44; ALLOCATING FUNDS THEREFOR FROM
THE CITY OF MIAMI POLICE DEPARTMENT GENERAL
OPERATING BUDGET, INDEX CODE NO. 290201--270;
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH MORRIS & MCDANIEL, INC., FOR SAID
SERVICES.
WHEREAS, twenty (20) letters of interest were mailed to
various firms to seek a broad range of responses from qualified
professionals in the field of Polioe promotional systems design
and implementation; and
WHEREAS, this servioe will be used by the Polioe Department
for the purpose of promoting eligible candidates to the rank of
Polioe Sergeant;
WHEREAS, the proposal reoeived from Morris N MoDaniel, Ino.,
was the most advantageous to the City; and
4ATTACHMENT (S)
CONTAINED
Crff COKMMCK
scer iG of
MAY 13 M3
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93— 274
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NRERSAS, funds for said services are available from the City
Of Miami Polioe Department General Operating Budget, Index Code
No. 290201-270;
NOW, THMP09E, BE IT RESOLVED BY THE COMMISSION OF TBR CITY
OF MIAMI, FLORIDA:
Seotion 1. The reoitals and findings oontained in the
Preamble to this Resolution are hereby adopted by referenoe
thereto and inoorporated herein as if fully set forth in this
Seotion.
Seotion 2. The proposal of Morris 9 MoDauiel, Ino., to
develop and implement a promotional seleotion prooess for the
olassifioation of Polioe Sergeant, City of Miami, Florida, in a
total proposed amount of $40,601.44 is hereby aooepted, with
funds therefor hereby allooated from the City of Miami Polioe
Department General Operating Budget, Index Code No. 290201-270.
Seotion 3. The City Manager is hereby authorizedl" to
enter into an Agreement, in substantially the attaohed form, with
Morris & MoDaniel., Ino., for said servioes.
Seotion 4. This Resolution shall beoome effective
immediately upon its adoption.
The herein authorization is further subjeot to oomplianoe with
all requirements that may be imposed by the City Attorney,
inoluding but not limited to those presoribed by applioable
City and Charter Code provisions.
93- 274
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AT - S .
MA TY HIRAI _
CITY CLERK
PREPARED AND APPROVED BY:
CARMEN L. LEON
ASSISTANT CITY ATTORNEY
APPROVED AS TO PORK AND CORRECTNESS:
A l QIIYN
CITY AR
CLL:ra:
:M3490
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VISA L. DUARE24 MAYOR
PROFESSIONAL
This Agreement entered into this day of ,
1993, by and between the City of Miami, a municipal corporation
of the State of Florida, hereinafter referred to as ;CITY;, and
MORRIS b MCOANIEL INC,
hereinafter referred to as ;CONSULTANT.;
• RECITAL:
WHEREAS, the City is desirous of acquiring the services for
(1) the conduct of a job analysis for the Classification of
Police Sergeant, (2) the development of a written test consisting
of ISS Multiple choice questions derived from a recommended
promotional booklist, and (3) the development and conduct of oral
board assessments to assess those domains of the job of Police
Sergeant that are not easily assessed using traditional paper and
pencil tests.
WHEREAS, the Consultant has the expertise to perform the
aforementioned tasks.
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
aaree as follows:
TERM:
The term of this Agreement shall be from
1993 through 19
II.
SCOPE OF SERVICES:
Consultant will;
A. Conduct job analysis on Police Sergeant classification and
generate content validity report linking the reading
sources (promotional booklist) to the knowledges, skills
and abilities identified in the job analysis.
B. Identify/estimate percentage of job domain measured by the
written test. Estimate percentage of job domain not
measured by the written test which could be measured by in.
basket exercise or other assessment measure.
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93- 2 '4
Aqvolop a written test (155 multchoice i�te items) to ass_ss
job knowledge and familiarity with management principies and
practices.
0. Recommend test weights for the written test and oral board
assessment.
F. Recommend scoring procedure for rank-orderinq candidates
based on performance on the written test and oral board -
assessment. For exampie, should the written test be graded
on a pass/fail basis or should the test results be given
aooropriate weight and combined into one overall score.
F. Recommend procedure fir pstabllshing pass/fail cutoff point,
taking into account the written and oral board assessment.
G. Score written test and oral board assessment. Consultant
shall generate descriptive statistics such as means and
standard deviation. Consultant shall conduct analysis of
variance on ethnic group means and group means by sex to =
determine if group means differ and to what extent.
H. Conduct on -site orientation program to ensure all candidates
receive uniform information. This will include written
guidelines and rules governing the administration of the
oral board assessment.
I. Select, obtain and train individuals from the law
enforcement community to serve as assessors. Appropriate
ethnic and gender representation should be present among
assessors.
J. Video tape oral board assessments.
K. Generate final report documenting the entire process.
L. Agree to appear in the City:% behalf in the event of any
litigation arising from this promotional process.
Consultant is to perform the tasks listed below in relation to the =
oral.board assessment.
M. Develop original assessment material. _
N. Maximize the standardization of all elements of the oral board
assessment procedure.
0. Assure security of all assessment material. P. Recruit sworn officers of the rank of Sergeant or higher to
serve on oral board.
Q. Provide facility for training board members; train board
members.
R. Set up logistics of the oral board.
S. Assist the City in identifying the most economic assessment
facility to conduct oral board.
T. Conduct oral board.
U. Pay all board members costs.
V. Monitor the rating process.
M. Provide written feedback to candidates on their performance
in the oral board. Feedback will consist of providing each
candidate with their overall score and with a skills
profile. This will indicate areas in which candidates
excelled and the areas of deficiency. -
93- 274
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The City will provide the fallowing:
1. Pacilities to conduct oral board.
2. Video or audio recorders if needed.
3. Personnel to monitor the assessment process and run recording
equipment if used.
4. Role players if used.
S. Personnel to assist in coordinatinq efforts.
Ill.
COMPENSATION:
A. The City shall pay the CONSULTANT,
540,SOI.44 as compensation upon
performance and approval of the tasks stipulated in
items A-V in the Scope of Services section of this
agreement.
B. Such compensation shall be paid ^according to the
schedule shown below.
JOB ANALYSIS
. Work Initiation 50% - $2.260.00
. Job Analysis Report 50% - $2,260.00
TOTAL
MRITTEN MULTIPLE-CHOICE TEST
. Work Initiation SO%
. Final Report SO%
TOTAL
ORAL BOARD
• Work Initiation 15%
• Design Oral Board Scenarios,
Oevelop Standards 25%
• Conduct Oral Board 36%
. Conduct Appeal Procedure 2S%
b submit Final Report
TOTAL
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$4,S00.00
$2,250.00
$2,250.00
$4,S00.00
- $ 4,725.22
C. the City shall have the right to reviow and audit the
time records and related records of CONSULTANT
pertaining to any payment by the CITY.
IV.
CONPLIANCE WITH FEDERAL. STATE AND LOCAL LAMS:
Both parties shall comply with all applicable laws,
ordinances and codes of federal, state and local governments.
f .
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 tine 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 NIANI CONSULTANT
Rene P. Larrieu, Deputy Director MORRIS b MCOANIEL. INC..
Dept. of Personnel Management 809 Cameron Street, 2nd F1.
300 Biscayne Blvd. Way, Suite 200 Alexandria, Virginia 22314
Miami, FL 33131
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
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.
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93-- 274
E. Should any provisions, aaragraphs, 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 he deemed severable, and in either,
event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and
effect.
OVNIL SHIPS OF WUNWS:
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 It hereof and shall
become the property of CITY, without restriction or limitation on
its it se. CONSULTANT agrees that ail 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.
VII.
® NONDELEGABILITY:
That 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 one year after final payment is made under this
Agreement.
IX.
AMARD 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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f
C6A1tAUC?I4V OF Attempt:
this Agreement shall he construed and enforced according to
the laws of the State of Florida.
XI.
SUCCESSORS AND ASSIGNS:
This Agreement shall be binding uoon the parties herein,
their heirs, executors, legal representatives, successors, and
assigns.
XII.
INDENNIFICAtION:
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 Consultent;s wrongful 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
J
thereat. Consultant agrees to be available for expert testimony
should the need dove lop. Three days of expert assistance will be
7
provided at no extra cost to the City of Miami as part of this
contract. Consultant shall be remunerated for consultation 'and
I
assistance during litigation provided the litigation did not
result from Consultants wrongful act or omission to act.
Remuneration for such consultation shall not be considered part
a
of this contract and shall be billed at a mutually agreeable
—
consulting rate.
_a
93- 274'
' CONFUCt 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.
8. 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 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
shall not be deemed entitled to the Florida Workers; Compensation
benefits as an employee of City.
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 !vent,
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 1n excess of
the total sung provided by this Agreement.
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' It is hereby understood by and between City and Consultant
r that any pay+sent made in accordance with this Section to
I Consultant shall he made only if said Consultant is not in
? default under the terns 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.
XYII.
NONOISCRININATION:
Consultant agrees that it shall not discriminate as to race, -
sex, color, creed, 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, creed, 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.
XYIII.
MINORITY PROCUREMENT COMPLIANCE:
Consultant acknowledges that it has been furnished a copy of
Ordinance No. 10,062, 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.
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IX,
DEFAULT PROVISION:
In the event that Consultant shall fail to comply with each
and every tern► 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.
XXI.
ENTIRE AGREEMENT:
This instrument and its attachments constitute the sole and
only Agreement of the parties hereto relating to said
professional services agreement 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.
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%itt.
AMOUNTS:
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 this
instrument to be executed by the respective officials thpreunto -
duly authorized, this the day and the year first above written.
CITY OF NIANI, a municipal
corporation of the State of Florida
ATTEST:
City Clerk
ATTEST:
Corporation becretAry
WITNESSES:
By
City Manager
CONSULTANT:
8y
e
(Seal)
s to UUMULIXHIJ-
(NOTE: If Consultant is not
a corporation, two
witnesses must sign.)
APPROVED AS TO INSURANCE APPROVED AS TO FORM AND
REQUIREMENTS: CORRECTNESS:
Director
Risk Management Department
r 1
A. QUINN JUNLb a -
City Attorney
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CITY OF MIAMI, FLOA1bA CA=3
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM Cesar H. Odio
City Manager
Recoo andation
DATE : March 9, 1993 FILE
SUBJECT : Recommendation for
Resolution Regarding
Police Sergeant
Promotional Process
REFERENCES:
ENCLOSURES:
it is respectfully recommended that the City Commission adopt a
resolution to award a contract to Morris & McDaniel, Inc., 809
Cameron Street, 2nd Floor, Alexandria, VA, 22314, an out-of-town,
non -minority consultant to 1. conduct a job analysis for the
classification of Police Sergeant, 2. develop a written test
consisting of 155 multiple choice questions derived from a recom-
mended promotional booklist and 3. develop and conduct oral
board assessments to assess those domains of the job of Police
Sergeant that are not easily assessed using traditional paper and
pencil tests.
It should be noted that this consultant will hire one minority
female consultant who will participate in the oral board assess-
ment phase of the selection process. To ensure further minority
participation in the promotional process, a tri-ethnic panel of
City residents will be assembled to assist the Department of
Personnel Management in monitoring the promotional process for
cultural fairness and sensitivity.
Background
In an effort to develop and implement a valid, legally defensible
selection process which is directly job related, a letter of
interest was mailed to twenty (20) consultants nationwide spe-
cializing in police promotional systems design/implementation.. A
total of eight (8) responses were received and evaluated by a.
committee comprised ,of representatives from the Departments of
Police, Internal Audits and Reviews, and Personnel Management as
well as a representative from the Fraternal Order of Police
(F.O.P.). The firm of Morris & McDaniel was ranked No. 1 for the
conduct of the job analysis and written test development. This
same firm rated third Ord) for the conduct of the oral board
assessment. However, the firm of Morris & McDaniel was also the
lowest bidder and it was the consensus of the evaluation commit-
tee to award the contract to the firm of Morris & McDaniel, Inc.
to conduct all components of the promotional selection process
for the Police Sergeant classification.
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CITY OF MIAMI, FLORIDA
INTI A•C1rPICE MEMORANDUM
to : Cesar H. Odio DATE : MAR 0 y S93 �E
City Mana A
suIUECT : Police Sergeant
Promotional Process
��i!!M : v i n Ross REPEpENCES
Chief of Police
ErraosunEs
This department has verified that funds are available with the
Department of Budget to cover the cost of the Police Sergeant
Promotional Process, at a cost of $40,501.44. Funding is to be
from the Police Department General Operating Budget, Index
Code 290201-270.
FINANCE REVIEW & APPROVED BY:
H/ Ag-
Carlos Garcia, Director
Department of Finance
BUDGETARY REVIEW I& APPROVED BYs
va. a,V„ L O,ia, iJ i i —
Depart V of Budget
ADDITIONAL APPROVALS
(IF REQUIRED)
N/t+
Eduardo Rodriguez, CIP Manager
City Manager's Office
(This form properly signed is part of
package to be placed on the agenda
resolution cover memorandum).
an evaluation and recommendation
and must be attached to the -