HomeMy WebLinkAboutR-93-0275d-93-319
4/27/93
RESOLUTION NO. 9 3- 27
A RESOLUTION,WITH ATTACHMENT(S),ACCEPTING THE
PROPOSAL OF BOOTH RESEARCH GROUP, INC.r TO
DEVELOP AND ADMINISTER A CANDIDATE
ORIENTATION PROGRAM AND A PROMOTIONAL
EXAMINATION PROCESS DEVELOPED FROM A
RECOMMENDED PROMOTIONAL BOOK LIST FOR THE
CLASSIFICATION OF FIRE LIEUTENANT FOR A TOTAL
PROPOSED COST OF $16,400.00; ALLOCATING FUNDS
FOR SAID SERVICES FROM THE CITY OF MIAMI
DEPARTMENT OF PERSONNEL MANAGEMENT GENERAL
OPERATING BUDGET, INDEX CODE NO. 270101-270;
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH BOOTH RESEARCH GROUP, INC.
WHEREAS, six (6) letters of interest were mailed to various
firms to seek a broad range of responses from qualified
professionals in the field of fire promotional exam preparation
and administration; and
WHEREAS, this service will be used by the Fire 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 Department of Personnel Management General Operating
Budget, Index Code No. 270101-270;
ATTACHMENTS)
CONTAINED
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FREE Mc of
MAY 13 iM
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NoWt TH9"FORt, BE IT RESOLVED 13Y THE COMMISSION OF THE CITY
OF MIAMI, FLORIDAt
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 administer a candidate orientation program and a
promotional examination for the classification of Fire Lieutenant
for the City of Miami, Florida, for a total proposed cost of
$16,400.00 is hereby accepted, with funds therefor, in the amount
of $16,400.00, being hereby allocated from the City of Miami
Department of Personnel Management General Operating Budget,
Index Code No. 270101-270.
Section 3. The City Manager is hereby authorizedl1 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
immediately upon its adoption.
PASSED AND ADOPTED this 13th
VIER UARE , MAYOR
ATT T
MATTY HIRAI
CITY CLERK
The herein authorization is further subject to compliance
with all requirements that may be imposed by the Cite
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
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BUDGETARY #EVIEwt
RANA
ASSISTANT CITY MANAGER
FINANCIAL NVIEWt
CARLO 11 - =c,Aj DIRECTOR
FINANCE EPARTMENT
PREPARED AND APPROVED BY:
j&BEATINE B. SMITH
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS To FORK AND CORRECTNESS:
AA-U OJO E Ff'
CITY ATTO;
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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, I\C6 hereinafter referred to a
"Consultant".
RECITAL:
WHEREAS, the City of Miami wants to enhance and develop
valid selection inetrument(s) for the--classific:-t+en of Fire
Lieutenant; and
WHEREAS, it will be necessary to conduct a job -related
multiple choice promotional examination for the classification of
Fire Lieutenant; and
WHEREAS, the preparation of a job -related multiple choice
promotional examination 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:
TERM:
The term of this Agreement shall be -from May 1+40 1993
through September 30, 1993.
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Coaseltaat 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 art
representative of the job content.
B.
Prepare an examination which will require writing 220
multiple choice items, each with one correct alternative and
three incorrect alternatives. These items will be drawn
from the attached Recommended Promotional Book List. (The
exact number of test items from each source on the list will
be available upon the completion of the job analysis update
in progress).
C.
Guarantee that all items will be in accord with the
exclusions stated in the Recommended Promotional Book Cist;
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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 oust 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 material@ including,
but not limited to two hundred and fifty (250) copies of the
examination, scantrons, scoring keys, and two hundred (200)
copies of a detailed key which identified the correct,answ.er
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 Rxam will be
submitted to the designated City representative .no�later
than one week prior to the examination date for review and
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comment.
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J. 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.
B. Provide those exam materials needed for fingerprinting and
identification as well as pencils.
C. Provide all source material identified in the Recoameaded
Promotional Book List for exam item preparation.
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B. Provide final determination regarding items challenged by
candidates.
III.
COMPINSATIM .
A. The City shall pay the Consultant $16,400.00 as
'
compensation upon completion of the tasks stipulated in
items A - J in the Scope of Services section of this
agreement.
B. 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.
IT.
COMPLIANCE VIT1 FRDRRAL, STATE AND LOCAL LANS:
Both parties shall comply with all applicable laws,
ordinances and codes of federal, state and local governments.
GRIE=AL CONDITIONS:
A. All notices or other communications which shall or way'
be given pursuant to this Agreement shall be in writl'ag
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
Angela R. Bellamy
Assistant City Manager
3500 Pan American Drive
Miami, FL 33133
COKSULTAKT
Walter S. Booth IV -Director
Booth Research Croup, Inca
P.O. Box 440815
Aurora, Colorado 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 terns in this Agreement shall
rule.
D.
No waiver or breach of any provision of this Agreement
_
shall constitute a waiver of any subsequent breaclf of
the sane 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 -otberw-ise 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
eithar event, the remaining terns and provisions of this
Agreement shall remain unmodified and in full force and
effect.
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OuNtRSMI! or DOCUMMSTS:
_ All documents developed by Consultant under this Agreesent
shall be delivered to City by said Consultant upon completion of
the services required pursuant to paragraph 2I 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. .
Viz.
KOKDELEGARILITT:
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.
VIIl.
AUDIT RIGHTS:
City reserves the right to audit the records of Consultant
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at any time during the performance of this Agreement and for a
period of one year after final payment is made under this
Agreement.
IR.
AWARD 0! AGRESMBKT:
Consultant—werpants that it has not employed or retained a§75'
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CONFLlCyt_ oP, INT914ST:
A. Consultant covenants that no person under its eeploy
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.
ZT.
INDRPINDUT 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 1je deemed entitled to the Florida Workers' Compensation
benefits as an employee of City.
Zvi. ='
TNRNINATION OF CONTRACTS
City retains the right to terminate this Agreement at any
tine prior to the completion of the services required pursuant*to
paragraph II hereof without penalty to City. In that event, r
notice of termination of this Agreement shall be in writing to
Consultant, who shall be paid for those services performed prior L
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in no Age, however, will GiEI+ pay btithAtiE `bn aiaount 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.
XYII.
NONDISCRIMINATION:
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.
Z11ITI.
MINORITY PROCURSHIRT COMPLIANCN:
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.
ZIY.
CONTIXGRNCT 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
authorisation, reduction of funds, and/or--etonges i-a.--ugulatians.
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to 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,
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or other compensation paid to Consultant by City while Consultant
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was in default of the provisions herein contained, shall be
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forthwith returned to City.
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This instrument and its attachments constitute the sole and
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only Agreement of the parties hereto relating to said grant and
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correctly sets forth the rights, duties, and obligations of each
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to the other as of its date. Any prior agreements, prosises,
negotiations, or representations not expressly set forth in this
Agreement are of no force or effect.
ZZiI.
AMBKDKRKTB: -- - --- --
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No amendments to this Agreement shall be binding on either
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party unless in writing and signed by both parties.
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IN WITNESS VURKW, the parties hereto have caused these
presents to be executed by the respective off icfifi— thereonto
duly authorised, this the day and the year first above written.
CONSULTANT:
Booth Research Croup, 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:
Sujan S. Chhabra, Director
Dept. of Risk Management
APPROVED AS TO FORM AND
CORRECTNESSS:
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A. QUINN JONES, III
City Attorney ='
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CITY OF MIAMI. FLOA)bA
INTER-OFMCF- MEMORANDUM
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TO : Honorable Mayor and Membe-3 ontE April 14, 1993 p f 4: 49
of the City Commission
FROM : Cesar H. Odio
City Manager
RECOMMENDATION
SUBJECT
Consultant Selection
for Fire Lieutenant
Promotional Process
REFERENCES:
ENCLOSURES:
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 orientation sessions
and a 220-item multiple-choice examination for the
classification of Fire Lieutenant.
BACKGROUND
Six (6) consultants were contacted - both locally and
out-of-town - soliciting letters of interest in develop-
ing and administering a Fire Lieutenant examination
which meets the criteria established by the Fire Adviso-
ry Labor -Management Committee. Both of the responses
received, which were from out-of-town, non -minority
firms, were reviewed by the Fire Advisory Labor -Manage-
ment Committee. The Booth Research Group, Inc., was
selected based on both the consultant's ability to
provide the services required and the provision of a
candidate orientation program which aides the candidates
in study methods and test taking, as well as reduces
adverse impact.
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CITY OF MIAMI• FLORIDA
INTER -OFFICE MEMORANDUM
To Albertine B. Smith DATE April 27, 1993 FILE
Chief Assistant City Attorney
Law De tment SLIEWECT : Revisions to Fire
Lieutenant Draft
Resolution
FROAA REFERENCES
. a
y Director ENCLosuRES :
Dept. of Personnel Management
This is a response to your memorandum dated April 23, 1993 ad-
dressed to Assistant City Manager Angela R. Bellamy regarding
changes to the Fire Lieutenant draft resolution. We have re-
viewed the changes and have no objections to them.
Please be advised that I have renegotiated the contract with the
consulting firm and have lowered the price by $3,000. The new
agreed price is $16,400.
Please make the appropriate changes to the resolution before
sending out.
RPLtbg
ccs Aurelio Perez-Lugones
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BofJ't" H
RESEARCH
GROUP, INC.
P.O. Box 44081S
Aurora, Colorado SM44
201•yS2.689S
April 23, 1993
Gloria Fox
City of Miami - Human Resources
300 Biscayne Blvd. way
Suite 1150
Miami, FL 33131
Dear Gloria:
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This letter is intended to confirm the agreement i reached with Mr.
Rene Larrieu regarding modification to our proposal for the Fire
Lieutenant Written Test. In speaking with Mr. Larrieu, I pointed
out that our originally proposed costs anticipated three trips, one
for myself for conducting the candidate orientation, and two tripe
(myself and a staff member) for the test administration.
Mr. Larrieu stated that he would ensure sufficient staff for the
test administration and therefore I could eliminate one trip and
the cost for one of my staff to be in attendance at the test
administration. In consideration of this modification, I can now
include the candidate orientation as part of the cost for the
testing process. ;n other words, I will do both the candidate
preparation and the _ Written teat., -am-described ire--4W original
proposal for a total of $16,400.
in consideration of this reduction in price, it is important that
we are in agreement to the total number of trips I will need to
make. I will be in Miami once for a candidate orientation and once
more for test administration. Should additional tripe be required,
we would once again need to modify the proposal.
I look forward to working with you, Mr. Larrieu, and the city of
Miami personnel. I believe that our willingness to reduce costs on
-this-project are a reflection of our deeire.to work with the City
of Miami in ensuring a valid and successful tooting effort.
Finally, please see that Mr. Larrieu receives a copy of this •{r
letter. Th nko, and if you have any questions, please calf..
Sincerely,
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Walter S. Booth, Ph.D.
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