HomeMy WebLinkAboutR-93-0442J-93-472
6/30/93
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RESOLUTION NO. 9 3 - 442
A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING
THE PROPOSAL OF MORRIS & MoDANIEL, INC., TO
DEVELOP AND IMPLEMENT A CUSTOMIZED ASSESSMENT
CENTER PROCESS FOR THE CLASSIFICATION OF
POLICE CAPTAIN, CITY OF MIAMI, FLORIDA, AT A
TOTAL PROPOSED AMOUNT OF $30,000; 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, thirty-seven (37) 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
WHEREAS, this service will be used by the Police Department
for the purpose of promoting eligible candidates to the rank of
Police Captain; and
WHEREAS, the proposal received from Morris & McDaniel, Inc.,
was the most advantageous to the City; and
WHEREAS, funds for said services are available from the City
of Miami Police Department General Operating Budget, Index Code
No. 290201-270;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
ATTACHMENT (S)
CONTAINED
CITY COM5USS10I1
MEETING OF
JUL 0 8 1993
Aaaolution Na
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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 Morris & McDaniel, Inc., to
develop and implement a customized assessment center process for
the classification of Police Captain, City of Miami, Florida, in
a total proposed amount of $30,000, is hereby accepted, with
funds 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
Morris & McDaniel, Inc., for said services.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 8th day of July 1993.
C.'
-XAVIER L. SUAR , MAYOR
CITY CLERK
PREPARED AND APPROVED BY:
i
CARMEN L. LEON
ASSISTANT CITY ATTORNEY
CLL:bss:M3715
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APPROVED AS TO FORM AND
CORRECTNESS:
A.' QU.ZNW JT N S, I I I
CITY ATTOIT
93- 442
PROFESSIONAL SERVICES AGREEMENT
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 & MCDANIEL INC.
hereinafter referred to as "CONSULTANT."
RECITAL:
WHEREAS, the City is desirous of acquiring the services of
an assessment center for Police Captain promotional procedures;
and
WHEREAS, the Consultant has the expertise to perform 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 July 8, 1993,
through July 7, 1994.
II.
SCOPE OF SERVICES:
Consultant will:
A. Conduct job analysis on Police Captain classification and
generate content validity report linking the assessment
center exercises to the job analysis results.
B. Develop no less than three (3) assessment center exercises
or other appropriate assessment techniques to directly
measure the knowledges, skills and abilities necessary to
perform the job functions. Consultant will receive input
from Miami Police Department staff in the development of
assessment measures.
C. Identify percentage of job domain measured by assessment
center exercises and identify appropriate assessment
measures for assessing that portion of job domain.
Determine weight distribution (relative measurement of
importance) for all knowledges, skills and abilities
measured by the assessment process.
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93- 442
D. Deveiop candidate evaluation report.
E. Administer assessment center process.
F. Score assessment center exercises and generate descriptive
statistics such as means and standard deviation. Consultant
is to conduct analysis of variance on ethnic group means and
group means by sex to determine if group means differ and to
what extent.
G. Recommend cutoff point on assessment center
exercises/process.
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
assessment center process.
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. Select, obtain and train individuals to serve as role players
for the assessment exercises. Appropriate ethnic and gender
representation should be present among role players.
K. Video tape assessment center exercises and conduct ratings
from video tape. It is preferred that the same group of
assessors be used to assess everyone participating in the
assessment center.
L. Provide candidates feedback to include a written profile of
candidates' performance and plan for improving performance.
M.. Prepare final report documenting the entire process for the
assessment center.
N. Agree to appear on the City's behalf in the event of any
litigation arising from the assessment center process.
COMPENSATION:
A. The City shall pay the CONSULTANT,
$30,000.00 as compensation upon
performance and approval of the tasks stipulated in
items A-N in the Scope of Services section of this
agreement.
B. Such compensation shall be paid according to the
schedule shown below.
15% upon contract initiation 0 $4,500.00
20% upon completion of job analysis - $6,000.00
30% upon development of assessment center exercises
- $9,000.00.
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30% upon completion of asses—ent center administra-
tion - $9,000.00.
. 5% upon submission of the final report - $1,500.00.
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.
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. 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
Rene P. Larrieu, Jr. MORRIS & MCDANIEL, INC.,
Deputy Director 809 Cameron Street, 2nd F1.
Dept. of Personnel Management Alexandria, Virginia 22314
300 Biscayne Blvd. Way, Suite 200
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.
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D. waiver or breach of any pt..ision 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 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.
33- 44 62'
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VI I.
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.
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.
XI.
SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors, and
assigns.
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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 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.
INSURANCE REQUIREMENT:
Consultant shall provide the City with professional
liability insurance in the amount of $1,000,000 to include errors
and omissions on the part of Consultant or its designated
representative. Such insurance policy will also name the City as
additional insured.
XIV.
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. Consultant shall be remunerated for consultation and
assistance during litigation provided the litigation did not
result from Consultant's wrongful act or omission to act.
Remuneration for such consultation shall not be considered part
of this contract and shall be billed at a mutually agreeable
consulting rate.
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XV.
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.
XVI.
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.
XVII.
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.
93- 4�2
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.
XVIII.
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.
XIX.
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.
XX.
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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XXI.
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.
XXII.
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.
93- 442
N)
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM: C . Odio
C ger
Recommendation
CA-5
DATE g% Z 8 1993 FILE
SUBJECT : Recommendation for
Resolution and Award of
RFP #91-92-076 (Police
REFERENCES :Captain Assessment Center)
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 develop and implement a customized
assessment center for the classification of Police Captain. It
should be noted that the hispanic firm of JWK International will be
used as a 5% minority subcontractor. The cost for this specialized
professional service is $30,000 and will be paid from the Police
Department's General Operating Budget, Index Code 290201-270.
Background
In an effort to develop and implement a selection system which is
directly job related and simulates actual job conditions, a Request
For Proposal (R.F.P.) was developed by the Department of Personnel
Management. The proposal was mailed to over 30 consultants
nationwide specializing in police promotional system design and
implementation.
A total of seven 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.).
1*The firm of MORRIS & MCDANIEL, INC.,. was ranked number 1 by the
evaluation committee. This firm's bid was also the lowest at
$30,000. Based on the evaluation committee recommendation, it is
recommended that the contract be awarded to the firm of MORRIS &
MCDANIEL, INC.
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Judy S. Carter
Chief Procurement Officer
;OM: Flivelf
nr
ss
of Police
DATE : MAY 2 8 1993 FILE
SUBJECT Police Captain
Assessment Center
REFERENCES.
ENCLOSURES.
This department has verified that funds are available with the
Department of Budget, to cover the cost of a Police Captain
Assessment Center, at a cost not to exceed $30,000. Funding is
to be from the Police Department General Operating Budget, Index
Code 290201-270.
FINANCE REVIEW & APPROVED BY:
Carlos Garcia, Director
Department of Finance
BUDGETARY REVIEW &'APPROVED BY:
h
r�y Manol rana, Director
/ Depa m n of Budget
ADDITIONAL APPROVALS
(IF REQUIRED)
Eduardo Rodriguez, CIP Manager
City Manager's Office
,.._(This form properly signed is part .of the bid evaluation and
recommendation package to be placed on the agenda and must be
attached to the resolution cover memorandum.) T�
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