HomeMy WebLinkAboutR-85-0162J-85- - 16
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT BETWEEN THE CITY AND
O'LEARY, BROKAW AND ASSOCIATES, INC., AS A
CHIEF FIRE OFFICER ASSESSMENT CENTER
CONSULTANT, IN ACCORDANCE WITH THE TERMS AND
CONDITIONS SET FORTH IN THE ATTACHED
AGREEMENT, WITH FUNDS ALLOCATED FROM
ACCUMULATED SALARY SAVINGS FROM THE
DEPARTMENT OF FIRE, RESCUE AND INSPECTION
SERVICES.
WHEREAS, extensive studies on Assessment Center testing
have been undertaken by the Department of Human Resources and the
Department of Fire, Rescue and Inspection Services, along with
Fire Fighters Local 587, and all parties are in agreement that
Assessment Center testing will provide a list of qualified
candidates for this position; and
WHEREAS, with the approval. of the City Manager,
nationwide selective recruitment was used by the Department of
Human Resources in search of a consultant to provide Assessment
Center testing for Chief Fire Officers; and
WHEREAS, O'Leary, Brokaw and Associates, Inc., have
been selected to perform the required services for the City,
based upon their experience with large municipal fire departments
and their low cost estimate in provision of Assessment Center
Services; and
WHEREAS, an agreement has been negotiated and the
Department of Fire, Rescue and Inspection Services desires that
O'Leary, Brokaw and Associates, Inc., be retained as the
consultant for Assessment Center testing for Chief Fire Officers
at a cost not to exceed $25,000; and
WHEREAS, sufficient funds have been allocated from
accumulated salary savings from the Department of Fire, Rescue
and Inspection Services; Assessment Center/Professional Services
Account (280603).
I CITY COMMISSION
MEETING OF
FEB 14 1985
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NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute the attached agreement for a Chief fire Officer
Assessment Center Consultant, in accordance with the terms and
conditions set forth therein, with funds therefore hereby
allocated from the Department of Fire, Rescue and Inspection
Services; Assessment Center/Professional Services Account
(280603).
PASSED AND ADOPTED this 14th day of February , 1985.
Maurice A. Ferre
MAURICE A. FERRE, MAYOR
ATTEST:
RAL H G. ONGIE
ITY CLERK
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PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this 23thday of JANUARY , 1985,
by and between the City of Miami, a municipal corporation of the _
State of Florida, hereinafter referred to as "CITY" and O'Leary,
Brokaw and Associates, Inc., hereinafter referred to as —
"CONSULTANT".
W I T N E S S E T H
WHEREAS, the CITY requires professional services in the
nature of assessment centers for Chief Fire Officer promotional —
procedures; and =
WHEREAS, the CONSULTANT has expressed a desire to perform
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the required services for the CITY;
NOW, THEREFORE, the CITY and the CONSULTANT do mutually
agree as follows: f
1. TERM:
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This Agreement shall commence the 15th day of February,
1985, and shall terminate at 11:59 P.M., on the 7th day of June,.
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1985. [:
2. BASIC SERVICES:
The CONSULTANT shall provide the following professional
services:
A) 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 Chief Fire Officers (subsequently referred to as
"CFO"), superiors and subordinates.
B) Develop five 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 Human Resources Department must approve
all exercises.
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C) Develop assessor training materials and administer
assessor training. The CITY's Human Resources Department must
approve all training.
D) Develop role player materials and train an adequate
number of role players.
E) Schedule candidates and assessors with the
assistance of the CITY's Human Resources Department.
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 all participating assessors within 90 days of the
execution of this Agreement,
L) Provide necessary training and materials 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 Human Resources Department 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.
2.
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Q) Determine weight distribution (relative measurement
of importance) of all behavioral skills identified and measured
4 in the Chief Fire Officer's assessment center process. Weights
must be approved by CITY's Human Resources Department.
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 Human Resources
Department will be allowed to participate and/or monitor entire
assessment process as listed in paragraphs A through R of this
Section. CITY reserves the option to send additional staff
members for training and monitoring purposes.
3. PROJECT SCHEDULE:
The CONSULTANT will complete the project in the
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following steps:
A) Conduct an on -site job analysis by using a variation
of Flanagan's Critical Incident Technique (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
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information relevant to the current work environment. A
completion of the Job 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 knowledges, skills, abilities and other
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characteristics (KSAOC's) identified in the Job Analysis.
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Exercises will be completed within 90 days.
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C) Develop Assessor Training materials and administer
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on -site Assessor Training within 90 days.
D) Develop Role Player materials and train Role Players
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within 95 days.
E) Schedule candidates and assessors within 90 days.
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F) Coordinate and administer assessment center within
100 days.
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G) Facilitate Final Evaluation Sessions and develop
Rank Order List within 30 days from completion of assessment
center.
H) Complete individual reports on each candidate, as
well as an overview report for the City and project completion
within 120 days.
4. COMPENSATION:
The CITY shall pay the CONSULTANT, as compensation for
the services required pursuant to Sections 2 and 3 hereof, a sum
not to exceed $25,000.00.
5. PAYMENT SCHEDULE:
A) CONSULTANT will be compensated on a monthly basis as
work tasks are accomplished in accordance with the "Payment and
Billing Schedule" (EXHIBIT A) which is attached hereto. Payment
shall be based on billing for services, other actual expenses
specified in Exhibit A and approval of each completed task by the
CITY's Director of Human Resources Department, not to exceed the
total compensation specified in Section 4 above.
B) The CITY shall have the right to review and audit
the time records and related records of the CONSULTANT pertaining
to any such billings.
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C) The final payment of 33 1/3% will be withheld until
the final report is submitted to the CITY for review and
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approval. The remaining 33 1/3% will be disbursed within 15
working days after approval of the final report by the CITY's
Director of Human Resources Department.
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6. DELIVERY OF SERVICES:
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Both parties agree to comply with the stipulations which
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are outlined in the "Billing and Payment Schedule" outline
narrative which is attached as EXHIBIT A and incorporated herein.
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7. TERMINATION OF CONTRACT:
The CITY retains the right to terminate this Agreement
at any time prior to the completion of the services required
pursuant to Sections 2 and 3 hereof without penalty to the CITY.
In such an event, notice of termination of this Agreement shall
be in writing to the CONSULTANT who shall be paid for all
services performed prior to the date of its receipt of the notice
of termination. In no case, however, will the CITY pay the
CONSULTANT an amount in excess of the total sum provided by this
Agreement.
It is hereby understood by and between the CITY and the
CONSULTANT that any payment made in accordance with this Section
to the CONSULTANT shall be made only if said CONSULTANT is not in
default under the terms of this Agreement. If the CONSULTANT is
in default under the terms of this Agreement, then the CITY shall
in no way be obligated and shall not pay the CONSULTANT any sum
whatsoever.
8. 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 postmarked or the date of
actual receipt, whichever is earlier.
FOR CITY OF MIAMI
Mr. Rene P. Larrieu, Jr.
Validation Division Supervisor
City of Miami
Department of Human Resources
1145 N.W. 11 Street, Room 212
Miami, Florida 33136
5.
85-162.
FOR CONSULTANT
Lawrence R. O'Leary, Ph.D.
Director
O'Leary, Brokaw and Associates, Inc.
200 So. Hanley, Suite 505
Clayton, Missouri G3105
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.
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 to such laws, or if not modifiable to conform to 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.
9. NONDISCRIMINATION:
CONSULTANT shall not discriminate as to race,
color, creed or national origin in connection with
performance under this Agreement.
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10. AWARD OF AGREEMENT:
The 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.
11. NONDELEGABILITY:
The obligations undertaken by the CONSULTANT pursuant to
this Agreement shall not be delegated or assigned to any other
person or firm unless the CITY shall first consent in writing to
the performance or assignment of such services or any part
thereof by another person or firm.
12. CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced according
to the laws of the State of Florida.
13. SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors and
assigns.
14. AUDIT RIGHTS:
The CITY reserves the right to audit the records of the
CONSULTANT as they relate to the performance of CONSULTANT's
services hereunder at any time during the performance of this
Agreement and for a period of one year after final payment is
made under this Agreement.
7.
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15. INDEMNIFICATION:
CONSULTANT shall indemnify and save the CITY harmless
from and against any and all claims, liabilities, losses, and
cause of action, which may arise out of CONSULTANT's activities
under this contract, including all other omissions to act on the
part of the CONSULTANT or any of them, including any person
acting for or on his or their behalf, and, from and against any
orders, judgments or decrees which may be entered and from and
against all costs, attorney's fees, expenses and liabilities
incurred in the defense of any such claims, or in the
investigation thereof.
16. INSURANCE:
The CONSULTANT shall provide professional liability
insurance with a combined single limit of at least $1,000,000.00
(one million dollars). A certificate of insurance shall be
submitted to the City of Miami, Risk Management Division, prior
to execution of this agreement.
The CITY shall be named as an "Additional Insured" on
such policy and a "Certificate of Insurance" shall be supplied as
evidence of such coverage upon execution of this agreement.
17. CONFLICT OF INTEREST:
The CONSULTANT convenants 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, in this Agreement. The CONSULTANT
further convenants that, in the performance of this Agreement, no
person having such conflicting interest shall be employed. Any
such interests on the part of the CONSULTANT or its employees
must be disclosed in writing to the CITY.
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8.
The 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 will fully comply in all
respects with the terms of said laws.
18. 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 Sections 2 and 3
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 11, 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 the CITY.
19. INDEPENDENT CONTRACTOR:
The CONSULTANT and its employees and agents shall be
deemed to be independent contractors, and not agents or employees
of the 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 Florida Worker's
Compensation benefits as an employee of the CITY.
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{ E X H I B I T A
BILLING AND PAYMENT SCHEDULE
Job Analysis
a. Interview a sample of CFO Supervisors
b, Interview a sample of CFO incumbents
c. Generate competencies (KSAOC's) and
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opera Iona y
critical incidents
d. Small verification meeting with a
group of CFO incumbents and Battalion
Chiefs (CFO Supervisors)
$5,500.00
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Design five exercises
4,600.00
Development of Assessor Training materials
and administration of Assessor Training
3,100.00
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Development of Role Player material and
training of Role Players
1,200.00
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Scheduling individual candidates and
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assessors
800.00
Coordination and administration of
assessment center
4,500.00
s;
Facilitation of Final Evaluation
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Session for Rank Order List
400.00
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Development of individual feedback report
for each candidate and an overview report
for the City of Miami
2,400.00
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Air fare and room and board
2,500.00
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TOTAL
$25, 000.00
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IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed by the respective officials thereunto
duly authorized, this the day and year first above written.
Attest:
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Corporate Secr ry
Attest:
Ralph Ongie
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
Lucia A. Dougherty
City Attorney
CONSULTANT:
O'Leary, Brokaw and
Associates, Inc.
By:
Lawrence R. O'Lea y, Ph.D
Director
CITY OF MIAMI, a municipal
Corporation of the State of
Florida:
By:
Randolph B. Rosencrantz
City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
Donald C. Dunlap, sst. Director
Finance Dept.. IrManagement
85-162
CORPORATE RESOLUTION
WHEREAS, the Board of Directors of O'LEARY, BROKA14 &
ASSOCIATES, INC.
has examined terms, conditions, and
obligations of the proposed contract with the City of Miami for
an Assessment Pf Fire nffi-pr
WHEREAS, the Board of Directors at a duly held corporate
meeting have considered the matter in accordance with the by-laws
of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
O'LEARY, BROKAW & ASSOCIATES, INO. that the president and
secretary are hereby authorized and instructed to enter into a
contract in the name of, and on behalf of this corporation, with
the City of Miami for _A Chief Fire Officer ACCPCCmPnr Center
in accordance with the contract documents furnished by the City
of Miami, and for the price and upon the terms and payments
contained in the proposed contract submitted by the City of
Miami.
1985
IN WITNESS WHEREOF, this 23th day of JANUARY ,
CHAIRMAN, Board of Directors
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A F _F l U A V I T
City of Miami
Department of Law
169 East Flagler Street
Suite 1101
Miami, 11orida 33131
TO WHOM IT MAY CONCERN:
U
This is to certify that LAWRENCE R. O'Leary
is authorized to make and sign contracts and agreements by or on
behalf of O'LEARY, BROKAW & ASSOCIATES, INC.
(Name of entity)
Lawrence R. O'Leary, Director/CEO,-
O'Leary, Brokaw & Assoc, Inc. Name and Title o A idav
200 S. Hanley, Suite 505 Name of Entity
Clayton, Missouri 63105 Address of Entity
SWORN TO AND SUBSCRIBED
before me this 23th day
of JANUARY , 1985.
My Commission Expires:
MY C0fv11,11SS10N EXPIRES 7116185
STATE OF MISSOURI )
) SS
COUNTY OF ST. LOUIS)
55-162 .
A
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
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TO. Mr. Randolph Rosencrantz DATE: January 10, 1985 FILE:
City Manager
SUBJECT: Chief Fire Officer
Assessment Center
FROM: K. E. MCCull ugh, Chle �� REFERENCES: For City Commission
Director of it Rescue and ENCLOSURES: Meeting of
Inspection Services Department February 14, 1985
It is recommended that a Resolution be
sassed authorizing the City Manager to
enter into an agreement between the City
an O Leary, Brokaw and Associates, Inc.,
as a Chief Fire Officer Assessment Center
Consultant, in accordance with the terms
and conditions set forth in the attached
agreement, with funds allocated from
accumulated salary savings from the
Department of Fire, Rescue and. Inspection
Services; Assessment Center/Professional
Services Account (280603).
The Department of Human Resources/Validation Division has conducted
a nationwide search for an Assessment Center Consultant to assist
HRD and the Department of Fire, Rescue and Inspection Services, in
conducting the Chief Fire Officer Assessment Center in April 1985.
Assessment Centers have been determined to be the best method to
test the knowledge, skills and abilities not ordinarily tested
through a pencil and paper test. The City of Miami would benefit
through this process as the promotional register would have the
most qualified individuals.
For the past two years, extensive studies have been undertaken by
both HRD and the Fire Department, along with representatives of
Fire Fighters -Local 587. All parties are in agreement that
Assessment Center testing will produce a list of qualified
candidates for this position.
Nationwide selective recruitment was used in the consultant search.
Fifteen requests for proposals were sent to qualified consultants.
Seven of them submitted a formal proposal. The proposal of
O'Leary, Brokaw and Associates, Inc., of Clayton, Missouri, was
selected based upon their experience with large municipal fire
departments and their low cost estimate in provision of Assessment
Center Services.
Total costs to conduct an Assessment Center for Chief Fire Officers
should not exceed $25,000 with funds allocated from accumulated
salary savings from the Department of Fire, Rescue and Inspection
Services; Assessment Center/Professional Services Account (280603).
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