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HomeMy WebLinkAboutR-84-1325J-84-1019 Is RESOLUTION NO. IN 84•-1325 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MIAMI-DADE COMMUNITY COLLEGE, IN SUBSTANTIALLY THE FORM ATTACHED, FOR PROFESSIONAL SERVICE OF AN ASSESSMENT CENTER FOR THE PURPOSE OF ESTABLISHING POLICE LIEUTENANT PROMOTIONAL PROCEDURES AT A COST NOT TO EXCEED TWENTY-NINE THOUSAND AND FOUR HUNDRED DOLLARS ($29,400.00) WITH FUNDS THEREFOR ALLOCATED FROM THE POLICE DEPARTMENT BUDGET. WHEREAS, the City of Miami is desirous of acquiring the services of an assessment center for Police Lieutenant promotional procedures; and WHEREAS, Miami -Dade Community College has expressed a desire to perform the required services for the City; and WHEREAS, Miami -Dade Community College has the necessary staff, equipment and resources, and is willing and able to provide an assessment center for Police Lieutenant promotional procedures; and C WHEREAS, the funds necessary for the execution of this agreement are available in the Police Department budget; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section I. The City Manager is hereby authorized to execute an agreement with Miami -Dade Community College for professional services in the form of an assessment center for the City of Miami, Department of Human Resources, in substantially the form attached hereto, in an amount not to exceed $29,400 with funds therefor hereby allocated from the Police Department budget. CITY COMMISSION MEETING OF NOV 15 1984 RESOLUTION P184-14' REMARKS. I PASSED AND ADOPTED THIS 15th DAY OF November , 1984. ATTEST: (Ralp G. Ongie, City Clerk=` PREP&RED 4eik) APPKOV&ff E �u� v lareiKo A,,ssist nt City Attorney APPROVED ,KS/TO FU Lucia A. Dougherty City Attorney Maurice A. Ferre Maurice A. Ferre, Mayor RRECTNESS: 84--1325 PROFESSIONAL SERVICES AGREEMENT This Agreement entered into this day of October 1984, by and between the City of Miami, a municipal ,t corporation of Dade County, Florida, hereinafter referred to +' as "CITY" and Miami -Dade Community College, a Public State Agency, 11380 N.W. 27 Avenue, Miami, Florida, 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 police lieutenant promotional procedures; and WHEREAS, the CONSULTANT has expressed a desire to perform the required services for the CITY; ' NOW, THEREFORE, the CITY and the CONSULTANT do mutually agree as follows: I. TERM: This Agreement shall commence the fifteen day of October, 1984, for the purpose of providing the services stipulated in Sections 2 and 3 of this Agreement and shall terminate at 11:59 o'clock, P.M., on the 28th day of x February 1985. 2. BASIC SERVICES: The CONSULTANT shall provide the following professional services: A) Conduct a complete job analysis, within 60 days of the execution of this Agreement, through the use of interviews observations, critical index arid data collected from incumbent police lieutenants, superiors and subordinates. B) Develop a job analysis questionnaire, within 60 days of the execution of this Agreement, specifically tailored for City of Miami police lieutenants. The questionnaire will include approximately 150-200 task state- -1- 84--1325 `. ` _ ..r...,..._e. _..a . _.e._. %.`s^rk z , ments and will be taylored to the CITY's needs from data collected in the job analysis. A content valid approach shall be emphasized through the use of subject matter experts (SME'st- rom the Miami Police Department. C) Provide a computer analysis of job task analysis questionnaire, within 60 days of the execution of this Agreement, and identify the critical job skill dimensions within the positions of police lieutenant. Raw data will be provided to the CITY. D) Prepare a final job task analysis report, within 60 days of the execution of this Agreement, which shall include a step-by-step account of the entire job analysis process. This report shall also include discussion of the relationship between the job analysis and the actual assessment center exercises. E) 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 Human Resources Department must approve all exercises. F) Develop final assessment center keys and evalua- tion formats for approval by CITY's Human Resources ; i Department, within 90 days of execution of this Agreement. G) Provide an outline for orientation/information meeting, within 60 days of the execution of this Agreement, and arrange with Miami -Dade College bookstore to make available for purchase an information book on assessment center procedures. H) Provide duplicating and collating services of all testing materials and training materials. I) Provide Assessor Manuals for participating assessors, within 90 days of the execution of this Agreement. Manuals will be on loan from Metro -Dade County s. .k Police Department. CONSULTANT will be responsible for obtaining, reviewing, replenishing and returning all manuals to Metro -Dade County Police Department. ' T• -2- 84-1325 J) Develop, within 90 days of the execution of this _ Agreement, matrix sheets and Exercise Report Form materials for all participating assessors, K) Loc6t'e and identify approximately 15 assessors and role players, within 90 days of the execution of this Agreement, based on criteria outlined by the CITY. The r CITY must give final approval of assessors and role players selected. L) Provide neccessary training and materials for approximately fifteen (15) role players and fifteen (15) assessors, within 90 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 nine (9) days of assessment centers (3 cycles) for approximately sixty (60) police lieutenant candidates, within 120 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. all Q) Determine weight distribution (relative measure- ment of importance) of all behavioral skills identified and measured in the lieutenant's assessment center process. Weights must be approved by CITY"s Human Resources Department. ,. R1 Prepare Final Evaluation Scores for lieutenant candidates, within 120 days of the execution of this Agreement. SI Prepare, structure and monitor feedback sessions, F within 120 days of the execution of this Agreement, for a total of thirty (30) candidates who fail the assessment , y 3 - t?r . 84 1325 • �u T center process. CITY's Human Resources Department staff would be responsible for feedback sessions to any additional failures. T) 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 S of this Section. CITY reserves the option to send addi- tional staff members for training and monitoring purposes. 3. PROJECT SCHEDULE The CONSULTANT will complete the project in the following steps: A) A preliminary meeting and follow-up progress meetings of one (1) per month for planning purposes and for input of information regarding the CITY's Human Resources Departments' requirements in regard to the report. 8) Conduct job analysis, develop and administer questionnaire, and provide computer analysis of data, within 4 60 days of the execution of this Agreement. C) Develop assessment center exercises and evalua- tion keys, within 90 days of the execution of this Agreement. D) Provide training for assessors and role players, within 90 days of the execution of this Agreement. E) Administer assessment centers, within 120 days of the execution of this Agreement. F) Prepare final assessment center evaluations, within 120 days of the execution of this Agreement. C) Prepare a final report documenting the entire process for the police lieutenant level assessment center, within 120 days of the execution of this Agreement. { 4. COMPENSATION., The CITY shall pay the CONSULTANT, as compen- sation for the services required pursuant to Sections 2 and 3 hereof, a sum not to exceed $29,400 (twenty nine thousand four hundred dollars). -' S t _4_ 84-1325 5. PAYMENT SCHEDULE Al 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) CONSULTANT agrees to ootain volunteer role players from local community and civic groups. In the event CONSULTANT is unsuccessful in obtaining the necessary qualified number of volunteer role players, the CITY then agrees to compensate CONSULTANT $75.00 per day per professional role player hired (12 role players, 5 days), a total cost not to exceed $4,500.00. C) The CITY shall have the right to review and audit the time records and related records of the i CONSULTANT pertaining to any such billings. 0) The final payment of 25% will be withheld until the final report is submitted to the CITY for review and approval. The remaining 25X will be disbursed within 15 (fifteen) working days after approval of the final report by the CITY's Director of Human Resources Department. 6. DELIVERY OF SERVICES Both parties agree to comply with the stipula- tions which are outlined in the "Billing and Payment 't Schedule" outline narrative which is attached as EXHIBIT A and incorporated herein, 7. TERMINATION OF CONTRACT r 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 the event notice of { �4 termination of this Agreement shall be in writing to the •'4 �3 -5- � 84-1325 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 Agrement shall be in writing and shall be delivered by personal service, or by t; 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. FOR CITY OF MIAMI Mr. Rene P. Larrieu, Jr, Validation Division Supervisor City of Miami 1145 N.W. 11 Street, Room 212 P.O. Box 330708 Miami, Florida 33133 FOR CONSULTANT: Dr. Arthur L. Benton, Ph.D. Administrator �x Dade -Miami Criminal Justice Assessment Center a � 11380 N.W. 27 Avenue Miami, FL 33167 f $J ?! WTI $ , t -6- - $4 1325 s 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 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. 9. NONDISCRIMINATION CONSULTANT shall not discriminate as to race, sex, color, creed or national origin in connection with its performance under this Agreement. 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. S,v^ r 11. NONDELEGABILITY The obligations undertaken by the CONSULTANT 3 �y� Y< 84-1325 AN 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 ._w 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 perform- ance 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. 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, i attorney's fees, expenses and liabilities incurred In the defense of any such claims, or in the investigation thereof. ` 16. INSURANCE The CONSULTANT, due to Its size, extensive r% { holdings and resulting spread of risk, self insures and ; { assumes the risx of loss and liabilities on many risks. It ` 84 1325 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 perform- ance 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. 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, due to its size, extensive holdings and resulting spread of risk, self insures and assumes the risk of loss and liabilities on many risks. It —S- 84•-1325 IAL is agreed that the CONSULTANT may be a self insured so long as the risk and properties demised herein are insured by the CONSULTANT in the manner and amount customary for the CONSULTANT'S program of insurance. The CONSULTANT at all times, shall keep the CITY advised of the insurance on risk and properties demised and give the CITY at least ten (10) days notice of any change or cancellation on any insurance thereon. The CONSULTANT shall carry public liability insurance above certain varying deductibles protecting the CITY and the CONSULTANT in the amount customary for the CONSULTANT'S program of insurance. The CITY shall be named as an additional insured in said policies to the extent that the same pertains to the demised premises. The CONSULTANT, as a self -insured, shall itself protect the CITY for the deductible amounts under said policies. The CONSULTANT will issue appropriate Certificates of Insurance pursuant to its program of insurance. 17. CONFLICT OF INTEREST The CONSULTANT convenants that no person under its employ who presently exercises any functions or respon- sibilities 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. The CONSULTANT is aware of the conflict of interest laws of the City of Miami (City or 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. -9- 84-1325 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 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 whatso- ever without the written consent of the CITY. 19. INDEPENDENT CONTRACTOR Yjy The CONSULTANT and its employees and agents - i shall be deemed to be independent contractors, and not agents or employees of the CITY, and shall not attain any i i rights or benefits under the Civil Service or Pension Ordinances of CITY, or any rights generally afforded a classified or unclassified employees; further he/she shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of the CITY. 20. LEGAL DEFENSE CONSULTANT agrees to testify on behalf of the CITY in the event charges or allegations -arise from use of i any report, records and documents generated by the CONSULTANT for development and administration of police lieutenant level assessment center for evaluation of i Y ; i} promotional candidates. The CITY agrees to pay reasonable travel expenses and normal consulting fees for any such testimony, 3i t 84-1325 17. M z.y 3 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, CONSULTANT .; Miami -Dade Community College: By. _ - Les er Broo nor Vice President for Business Affairs Attest: Attest: CITY OF MIAMI, a municipal Corporation of the State of Florida: By: Howard-v. Gary City Manager Attest: RarpFi-Ongle City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: Risk Mafiagetaent APPROVED AS TO FORM AND CORRECTNESS: Luc a�ougherty City Attorney 84-1325 Job Task Analysis, Questionnaire and Computer Analysis: Development of Assessment Center Exercises and Evaluation Keys: Assessor Training: Professional Role players, a $75 per role player per day: Total amount not to exceed: Administration of Assessment Assessment Preparation Evaluations: $ 3,850.00 $ 9,400.00 $ 5,325.00 $ 4,500.00 $29,400.00 84-1325 h I O E X H 18 I T A BILLING _AND _PAYMENT _SCHEDULE Job Task Analysis, Questionnaire and Computer Analysis: $ 3,850.00 Development of Assessment Center Exercises and Evaluation Keys: $ 9,400.00 Assessor Training: $ 5,325.00 Professional Role players, 0 $75 per role player per day: Total amount not to exceed: $ 4,500.00 Administration of Assessment Centers and Preparation of Final Assessment Center Evaluations: $ 6,325.00 CONTRACT TOTAL: $29,400.00 -12- 84--1325 CITY OF MIAMI. FLORIDA r / 33 INTER -OFFICE MEMORANDUM TO: Howard V . Gary DATE: City Manager SUBJECT: FROM! Robert D. Krause :� i%� RErEREHCEs: Director - ` Department of Human Resources_ ENCLOSURES, October 10, 1984 '^u' Proposed Resolution and Contract for Professional Services of an Assessment Center (for City Commission Approval) It is recommended that the City Commission adopt the attached Resolution authorizing the City Manager to enter into a professional service contract with Miami -Dade Comwunity College, for assessment center services to be used in conjunction with Lieutenant promotions in the Police Department. In complying with the recommendations of the University of Chicago's final report to the City of Miami on future promotional registers in the Police Department, the Departments of Human { Resources and Police have determined that the Dade -Miami Criminal a Justice Assessment Center can assist in preparing a register for Police Lieutenant promotions. It is our intent to utilize the assessment center process in 1 conjunction with the Chicago Police Battery. The assessment jprocess involves "situational testing" for observing dimensions of behavior that are ordinarily difficult to measure by other ' means. It is our objective to standardize means of evaluating behavior, using trained assessors representing a cross section of I the community in addition to Police personnel. We believe the assessment center method will allow us to produce a list of best qualified candidates for Police Lieutenant and to minimize adverse effect on minorities and women. The agreement with the Dade -Miami Criminal Justice Assessment Center is at a cost of $29,400 to the City. The funds for this service are available within the Police Department's budget. It is our recommendation that the City Manager be authorized to enter into a proposed contract per the attached Resolution. AB: as Attachment 84-1325