HomeMy WebLinkAboutR-89-0773J-89-826
8/22/89
A RESOLUTION, WITH ATTACHMENT,
AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTAN-
TIALLY THE FORM ATTACHED, BETWEEN
THE CITY OF MIAMI AND O'LEARY,
BROKAW AND ASSOCIATES, INC. TO
CONDUCT FIRE CAPTAIN AND CHIEF FIRE
OFFICER ASSESSMENT CENTERS AT A
COST NOT TO EXCEED THIRTY EIGHT
THOUSAND THREE HUNDRED DOLLARS
($38,300) WITH FUNDS THEREFORE
ALLOCATED FROM THE DEPARTMENT OF
FIRE, RESCUE AND INSPECTION SERVIC-
ES BUDGET.
WHEREAS, the City of Miami needs to conduct promotional
testing for the positions of Fire Captain and Chief Fire Officert
and
WHEREAS, the Department of Personnel Management, the Depart-
ment of Fire, Rescue and Inspection Services and IAFF Local 587
are in agreement that assessment center testing will best provide
a list of qualified candidates for these positions; and
WHEREAS, the design and implementation of Fire Department
promotional assessment centers requires specialized knowledge and
skills; and
WHEREAS, five proposals were submitted by consulting firms
in response to a nationwide request for proposals; and
WHEREAS, O'Leary, Brokaw and Associates, Inc. has been
selected to perform the required services for the City based on
the evaluation of the proposals that were received; and
WHEREAS, an agreement has been negotiated with O'Leary,
Brokaw and Associates, Inc. to be retained as the consultant for
Fire Captain and Chief Fire Officer assessment center testing at
a cost not to exceed $38,300; and
WHEREAS, sufficient funds have been allocated within the
budget of the Department of Fire, Rescue and Inspection Services;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAXI, FLORIDA:
ATTACHMENTS
CONTAIINIED
CITY COMMISSION
MEETING OF
SEP 1141989
RESOLUTION No. 891
Section_l. The City Manager is hereby adthorized to 616oete
the attached agreesent for the conduct of pir+e Captain and 6ief
Piro tiff icer,: assessment f centers, in accordance with the terns yinr
conditions set forth therein, with funds therefor A11006t6diffolk
the _budget of the Departskent of Fire, Rescue and Inspection
Services.
Section 2. This Resolution shall become effective immedi-
ately upon its adoption pursuant to law.
PASSED AND ADOPTED THIS 14th DAY OF September _. 1989.
XAVIER L. SU S, OR
ATTEST:
WTTY IRAI, CITY CLERK
BUDGETARY REVIEW & APPROVED BY:
S_&A� &I- -
MMOHAR SURANA, DIRECTOR
Whig Agreement entered into this __
day of -._,►
corporation
1 0 by and between the City of Miami a municipal
of the State of Florida, hereinafter referred to se "CITY" ► and
n�_Zear �rokav and Associates a cur oration incorporated in the
State of Missouri hereinafter referred to se "C0119[iLTApT."
RECITAL:
WHEREAS, the City of Miami needs to conduct promotional
examinations for the positions of Fire Captain and Chief
Fire Officer
and
WHEREAS, it has been determined that assessment centers vill
be the best method to accomplish the desired objective
and
WHEREAS, the design and implementation of the needed
assessment centers requires specialized knowledge and skills
and
WHEREAS, the undersigned consultant has the expertise to
deliver the needed services.
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:
— SCOPE CF SRRVICSS:
Consultant shall develop and administer tro assessment
centers, one for Fire Captain and the other for Chief Fire
Officer .
I.
Fire Captain Assessment Center
,1 A.
Review written job knowledge test to determine its validity.
Recommend whether test should be included with assessment
center score or used strictly as pass/fail qualifier to
participate in assessment center.
B.
Conduct a complete job analysis within 45 days of the
execution of this Agreement through the use of interviews,
observations, critical incident and environmental data
collected from incumbent Fire Captains (subsequently
referred to as FC's) superiors and subordinates.
' C.
I
Develop a minimum of three assessment center exercises within
90 days of the execution of this Agreement. Subject matter
experts will provide input to the development of the
assessment center exercises. The CITY's Department of
Personnel Management must approve all exercises.
D.
Develop assessor training materials and administer assessor
training. The CITY's Department of Personnel Management must
approve all training.
- E.
Develop role player materials and train an adequat-e number of
role players.
G. Schedule candidates and assessors with the assistance of the
CITY's Department of Personnel Management. _
G. Coordinate and administer the assessment center.
H. Facilitate final evaluation sessions and develop a rank order
list by merging the assessment center scores with the
seniority scores to develop the promotional register.
I. Complete individual report:3 on each candidate, as well as an
overview report for the CITY and project completion.
•J- Provide an outline for an orientation/information meeting
within 60 days of the execution of this Agreement.
K. Provide Assessor Manuals for participating assessors within 90
days of the execution of this Agreement.
L. Develop matrix sheets and Exercise Report Form materials fcr
all participating assessors within 90 days of the execution of
this Agreement.
M. Provide necessary training and materials for approximately 15
role players and 20 assessors within 100 days of the execution
of this Agreement.
H. Provide Administrator Manuals. Develop schedule of ali
candidates' activities for duration of administration of
assessment center, within 90 days of the execution of this
Agreement. CITY's Department of Personnel Management will
assist in coordinating time schedules of candidates, role
players and assessors.
0. Administer center for approximately 70 Fire Captain
candidates within 100 days of the execution of this Agreement.
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Amb
!. Mcnitor and erve assessor tehm meetit
C. Prepare all final Assessor V;valuation Reports along with
computer processing of data within 120 days of the exe.�ution
of this Agreement.
R. Determine weight distribution (relative measurement of
importance) of all behavioral skills identified and measured
in the Fire Captain's assessment center process. Heights must
be approved by CITY's Department of' Personnel Management.
S. Prepare Final Evaluation Scores for fire Captain candidates
within 120 days of the execution of this Agreement.
T. One staff member from CITY's Department of Personnel
Management will be allowed to participate and/or monitor
entire assessment process as listed in paragraphs A through 5
of this Section. CITY reserves the option to send additional
staff members for training and monitoring purposes.
II. Chief Fire Officer Assessment Center
A. Review and update 1985 job analysis within 45 days of the
execution of this Agreement through the use of interviews,
observations, critical incident and environmental data
collected from incumbent Chief Fire Officers (subsequently -
referred to as CFO's) superiors and subordinates.
B. Develop a minimum of four assessment center exercises within
90 days of the execution of this Agreement. Subject matter
experts will provide input to the development of the
assessment center exercises. The CITY's Department of
Personnel Management must approve all exercises.
Develop assessor training materials and administer as3essar
training. The CITY's Department of Personnel Management must
approve all training.
D. Develop role player materials and train an adequate number of
role players.
G. Schedule candidates and assessors with the assistance of the
CITY's Department of Personnel Management.
F. Coordinate and administer the assessment center.
G. Facilitate final evaluation sessions and develop a rank order
list by merging the assessment center scores with the
seniority scores to develop the promotional register.
H. Complete individual reports on each candidate, as well as an _
overview report for the CITY and project completion.
I. Provide an outline for an orientation/information meeting
within 60 days of the execution of this Agreement.
J. Provide Assessor Manuals for participating assessors within 90
days of the execution of this Agreement.
K. Develop matrix sheets and Exercise Report Form materials for
f all participating assessors within 90 days of the execution of
this Agreement.
—3-
199-J7r3
_] V
L. Provide nesary training and mates for approximately 10
role players and 15 assessors within 100 days of the execution
of this Agreement.
M. Provide Administrator Manuals. Develop schedule of all
candidates' activities for duration of administration of
assessment center, within 90 days of the execution of this
Agreement. CITY's Department of Personnel Management will
assist in coordinating time schedules of candidates, role
players and assessors.
N. Administer center for approximately 40 Chief Fire Officer
candidates within 100 days of the execution of this Agreement.
0. Monitor and observe assessor team meetings.
P. Prepare all final Assessor Evaluation Reports along with
computer processing of data within 120 days of the execution
of this Agreement.
Q. Determine weight distribution (relative measurement of
importance) of all behavioral skills identified and measured
in the Chief Fire Officer's assessment center process.
Weights must be approved by CITY's Department of Personnel
Management.
R. Prepare Final Evaluation Scores for Chief Fire Officer
candidates within 120 days of the execution of this Agreement.
S. One staff member from CITY's Department of Personnel
Management will be Allowed to participate and/or monitor
entire assessment process as listed in paragraphs A through S
of this Section. CITY reserves the option to send additional
staff members for training and monitoring purposes.
PROJECT SCHEDULE:
The CONSULTANT will complete the project in the following
steps:
A. Conduct an on -site job analysis by using a variation of
Flanagan's Critical Incident (1954). Individual
interviews with the supervisor of the CFO's and a random
sample of CFO incumbents, as well as a subsequent group
interview with a sample of CFO's and their supervisor
will complete the data gathering activity for the
proposal. The Completion Data Activity will also include
the completion of the data -collection information
relevant to the current work environment. A completion
of the .lob Analysis Report will be accomplished within
120 days after the beginning of the project.
B. Develop five exercises designed to directly measure
the job -related kncwledges, skills, abilities and other
characteristics (KSAOC's) identified in the Job
Analysis. Exercises will be completed within 90 days.
C. Develop Assessor Training materials and administer on --
site Assessor Training within 90 days.
D. Develop Role Player materials and train Role Players
within 95 days.
E. Schedule candidates and assessors within 90 days.
F. Coordinate and administer assessment center within 100
days.
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89-173
l e Final EvaluatiOn Sea&s and develop Eank
order List within 30 days from completioh of asaessleftt
C�!1tP r
H. Complete individual reports on each candidate, Ad well As
an overview report for the City and project completion
within 120 bays. '
COMP OSAT1011:
A. CITY shall pay CONSULTANT, as maximum Compensation for
the services required pursuant to Paragraph YI hereof,
$38,300.00.
B. The City will pay the consultant in four (4) payments.
Consultant will be reimbursed for actual travel and
lodging expenses incurred prior to Payment #1. The
amount reimbursed for these expenses shall be deducted
from the amount of the first payment. The schedule of
payments is as follows:
PAYMENT 1- Upon completion of both job analysis
($9,575.00) reports.
PAYMENT 2 - Upon completion of Fire :aptain assessment
($9,575•00) center.
PAYMENT j - Upon completion of Chief Fire Officer
($9,575.0C) assessment center.
PAYMENT 4 - Upon receipt and approval of both
($9,575•00) technical reports.
C. 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 LAMS:
Both parties shall comply with all applicable laws,
ordinances and codes of federal, state and local. governments.
V.
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 rail,
on the fifth day after being posted or the date of
actual receipt, Whichever is earlier.
CITY OF NIANI CONSULTANT
Validation Supervisor O'Leary, Brokaw and Assoc.
Dept. of Personnel Management 1034 S. Brentwood Blvd.
1147 NW 11 Street, Room 212 St. Louie, MO 63117
Miami, FL 33136
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 terse 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.
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 tFis
Agreement shall remain unmodified and in full force and
effect. —
OVIA"MIP Off' DOCUMMMe
All documents developed by CONSULTANT under this Agreement
shall be delivered to CITY by said CONSULTANT upon completion of
=a
the services required pursuant to paragrap;-, It 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, reporte 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 writter consent of CITY.
YII.
YONDEL$GABILITY:
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 Vie
performance or assignment of such service or any part thereof by
another pereon or firm.
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.
IZ.
AWARD OF AGRBBNERT:
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
-7-
person empl.oyeg bit the CITY any fee, 01kission Perdentage,
brokerage feet or gift of any kind contingent upon or reftt.lting
from the toward of this Agreement.
s.
COWSTWCTIoi 01► AGRIN rT:
Thin Agreement shall be construed and enforced according to
the laws of the State of Florida.
ZI.
SOCCISSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors, and
assigns.
7LII.
INDNMI? ICATION:
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' tees, expenses and liabilities incurred in the defense
of any such claims, or in the investigation thereof.
XIII.
INSURANCE:
A. During the term of this k greement, ccnsultant shall
maintain insurance coverages in amounts as determined by the Risk
Management Division of CITY. The CITY shall be named as an
additional insured.
B. Consultant shall furnish certificates of insurance, as
required, to CITY prior to commencing any activities under this
Agreement.
MAI
LOAL OMANO l:
In the event of litigation of any nature, -the Contradtor
shall cooperate with, and assist, the City .n they defense of any
litigation arising from any of the two assessment centers
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.
IV.
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.
IVI.
INDEPENDENT CONTRACTOR:
CONSULTANT and its employees and agents shall be deemed to
be independent contractors, and not agents or employees of CITY,
771
c
and shall not attain any rights or benefits under the Civil
3
Service or Pension Ordinances of CITY, or any rights generally
afforded elaeeified or unclassified employees; further he/she
shall not be deemed entitled to the Florida workers' Compensation
a
benefits ae an employee of CITY.
a
ITT I_
TEROINATIOR 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 obligatel and shall not pay
to CONSULTANT any sum whatsoever.
ZVIII.
NONDISC RI NINAT ION :
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. F,irthermore 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.
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AI#O12'!Y P-HDC0R8NffifT_CClPLIANCB:
CONSULTANT aeknowledgeq that it hag been ftrnighed A dopy of
Ordinance No, 10,062, the Minority Procurement Ordinance of the _
City of Miami, acid agrees to comply with all applicable
substantive and procedural provisions therein, including any
amendments thereto.
I.X.
CONTINGUCY CLAUSS:
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.
ZZI.
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 he
forthwith returned to CITY.
UH .
BNTIRE AGRBBNMT :
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.
lie amendment& to this Agreement shall be btfiding cri 41thar
party unless in writing and signed by both partieh•
is V121298 VENR 10i o the parties hereto have caused this
instrument to be executed by the respective officials thereunto
duly authorized, this the day and the year first above written.
CITY 0! NIANI, a municipal
corporation of the State Of Florida
Y
ATTEST:
City Nanage r
City Clerk
ATTEST: CONSULANT:
n
r
co—ration"Seccrretary (Seal)
CITY OF MIAMI. FLORIDA CA=2
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and
Members of the City Commission
4
FROM: Cesar H. Odio
City Manager
DATE: S Ep 11989 "'LE
SUSJECT: Proposed Resolution and
Contract to Conduct Fire
Captain and Chief Fire
Officer Assessment
REFERENCES: Centers
ENCLOSURES:
RECOMMENDATION
It is recommended that the City Commission adopt a resolution
_ authorizing the City Manager to execute a professional services
agreement with O'Leary, Brokaw and Associates, Inc.
to conduct
Fire Captain and Chief Fire Officer assessment centers at a cost
not to exceed $38,300 with funds available from the Department of
Fire, Rescue and Inspection Services getP
er the ,. resolution.
r
BACKGROUND
The Departments of Personnel Management and Fire, Rescue and
Inspection Services have determined that assessment centers will
provide the best method tIAFFevaluate
Local 587candidates
agreement wiphathat
in
.and Chief Fire Office
determination. -
A nationwide request for proposals was issued and five (5) pro-
posals were received. The proposals were evaluated by a commit-
tee consisting of two members from the Department of Personnel
Management, two members from the Department of Fire, Rescue and
Inspection Services and two representatives of IAFF Local 587.
The proposal submitted by O'Leary, Brokaw and Associates, Inc.
was rated number one, and an agreement has been negotiated with
that. f irm.
O'Leary, Brokaw is an established firm with ample experience in
Fire Department assessment center design and implementation. The
first is familiar witour theFire he City en
1985DChiefmFireent bofficerecause tassessmment
gJ
gaed its services for
center. The 'results obtained were excellent.
is
1 The recommended professional services agreement covers the period,
jfrom approval of the contract through April 30, 1990. The maxi-
mum -compensation will be $38,300.
€y
. r