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HomeMy WebLinkAboutRFPRFP Number: Commodity Codes: Commodity Title: Type of Purchase: M/WBE Set -Aside: Sr. Buyer: Buyer Fax: E-Mail Address: Issue Date: 6/8/05 Voluntary Pre -Proposal: Bid Bond: Day/Date: Time: Location/Mail Address: Directions: City of Miami Request for Proposals (RFP) Purchasing Department Glenn Marcos, CPPB, Director Miami Riverside Center 444 SW 2"d Avenue, 6th Floor Miami, Florida 33130 Web Site Address: http://ci.miami.fl.us/ Proposal Data 04-05-085 907-75; 918-06; 918-38; 918-58; 918-65; 918-66; 918-83; 918-85; 924-20 CONSULTING SERVICES FOR POLICE LIEUTENANT AND POLICE SERGEANT EXAMINATION PROCESSES Two (2) Years with OTR for Two (2) Additional Two (2) Year Periods N/A Pamela Burns, CPPB (305) 400-5026 pbums@ci.miami.fl.us May 27, 2005 Deadline For Request Of Additional Information/Clarification: N/A No Performance Bond: No Proposal Submission Deadline Monday, June 20, 2005 2:00 PM Office of the City Clerk City Hall, 1" Floor 3500 Pan American Drive Miami, Florida 33133-5504 FROM THE NORTH: 1-95 SOUTH UNTIL IT TURNS INTO USI. US1 SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. ERoy THE SOUTH: USI NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. RFP Content Sections 1.0 Introduction to Request for Proposals 2.0 Specifications/Scope of Work describing what is needed 3.0 General Terms and Conditions that are general in scope 4.0 Special Provisions of Proposed Contract 5.0 Instructions for Submitting Proposal and Evaluation Criteria for this RFP 6.0 Response forms and Check List to be completed, signed and submitted with Proposal Sealed written Proposals must be received by the City of Miami, City Clerk's Office, no later than the date, time and at the location indicated above for the Proposal Submission. Submittal of Response by fax is pot acceptable. One (1) Original and nine (9) copies of your Proposal and response forms must be returned to the City or your Proposal may be disqualified. NOTE: This RFP does not constitute an order for the goods or services specified. The number of copies requested in this RFP together with completed Response Forms must be returned. CONE OF SILENCE ORDINANCE IS APPLICABLE TO THIS SOLICITATION. City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 CITY OF MIAMI PUBLIC NOTICE Sealed Responses will be received by the City of Miami, City Clerk's office, located at City Hall, First Floor, 3500 Pan American Drive, Miami, Fla. 33133 until Monday, June 20, 2005 at 2:00 PM for the following: RFP No. 04-05-085 CONSULTING SERVICES FOR POLICE LIEUTENANT AND POLICE SERGEANT EXAMINATION PROCESSES Deadline for Request of Additional Information: Wednesday, June 8, 2005 at 5:00 PM RFP documents may be obtained via the Internet using the City's website, Purchasing Department, at www.ci.miami.fl.uslprocurement. If you do not have internet access, you may obtain the documents upon request, during regular business hours, at the City of Miami Purchasing Department, 444 S.W. 2nd Avenue, 6th Floor, Miami, Florida 33130 or by contacting (305) 416-1906. Any Proposals received after the above stated date and time or delivered to a different address/department/division will not be considered and will be returned to the Proposer unopened. The City of Miami reserves the right to waive any informalities or minor irregularities; reject any and all Proposals which are incomplete, conditional, obscure, or which contain additions not allowed; accept or reject any proposal in whole or in part with or without cause; and accept the Proposal(s) which best serves the City. 2 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 1.0. INTRODUCTION TO REQUEST FOR PROPOSALS 1.1. Invitation Thank you for your interest in this Request for Proposal ("RFP") process. The City of Miami ("City"), through its Purchasing Department, invites responses ("Proposals") which offer to provide the services described in greater detail in Section 2.0: Specifications / Scope of Work. 1.2. Term of Contract The Proposer selected to provide the services requested herein ("the Successful Proposer" or "Consultant") shall be required to execute a contract ("Contract") with the City, which shall include, but not be limited to, the fallowing terms: A. The Contract shall be for an initial term of two (2) years. B. The City shall have the option to extend the Contract for two (2) additional periods of two (2) years each, at its sole discretion. Successful Proposer will be given at least thirty (30) days prior written notice. The City has the option to extend said contract for one hundred twenty (120) days following termination of contract with the Successful Proposer, to ensure continuity of services. 1.3. Business Objective The City, a municipal corporation of the State of Florida, is seeking the services of a qualified Consultant, which may be an individual, firm, corporation, joint venture, partnership or other legal entity, to develop and implement a customized examination processes, for both the classifications of Police Lieutenant and Police Sergeant, for the Department of Employee Relations. 1.4. Deadline for Receipt of Request for Additional Information / Clarification Pursuant to the Cone of Silence, any request for additional information or clarification must be received in writing no later than 5:00 p.m. on Wednesday, June 8, 2005. Proposers may email or fax their requests to the attention of Pamela Burns CPPB, Sr. Procurement Contracts Officer, Department of Purchasing, at pburns@ci.miami.fl.us or fax (305) 400-5026. This RFP is subject to the City's "Cone of Silence" in accordance with Section 18-74 of the City's Ordinance No. 12271. 1.5. Cone of Silence Pursuant to Section 18-74 of City Ordinance No. 12271, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFB (bids) between, among others: • Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff, the Mayor, City Commissioners, or their respective staffs; 3 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 • The Mayor, City Commissioners or their respective staffs and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; • Potential vendors, service providers, bidders, lobbyist or consultants, any member of the City's professional staff, the Mayor, City Commissioners or their respective staffs and any member of the respective selection/evaluation committee The provision does not apply to, among other communications: • Oral communications with the City purchasing staff regarding Minority/Women Business Enterprise (M/WBE) and local vendor outreach programs; • Communication is limited strictly to matters of process or procedure already contained in the solicitation document; • The provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or • Communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ or bid documents. • Communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI or IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk, which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk at icerrato@,ci.miami.fl.us. In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular bidder, proposer, offeror, Respondent, lobbyist or consultant shall subject same to potential debarment pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City Ordinance No. 12271 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.6. Clarification Requests for additional information or clarifications must be made in writing and received by the Senior Buyer specified on the cover sheet of this RFP, in accordance with the deadline for receipt of questions specified in the RFP (see Section 1.3) and the Cone of Silence (see Section 1.4). The 4 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 request must contain the RFP number and title, Proposer's name, name of Proposer's contact person, address, phone number, and facsimile number. Electronic facsimile or email requesting additional information will be received by the Sr. Buyer for this RFP at the fax number or email address specified on the cover sheet of this RFP. Facsimiles must have a cover sheet which includes, at a minimum, the Proposer's name, name of Proposer's contact person, address, number of pages transmitted, phone number, facsimile number, and RFP number and title. The City will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the Proposal Submission Date. Proposers should not rely on any representations, statements or explanations other than those made in this RFP or in any written addendum to this RFP. Where there appears to be conflict between the RFP and any addenda issued, the last addendum issued shall prevail. 1.7. Award of Contract The opportunity to enter into the Contract may be afforded to the Proposer whose Proposal is determined to be the most advantageous to the City and in the City's best interests, taking into consideration fees and other evaluation factors set forth in the RFP. 1.8. Contract Execution A Contract will be negotiated and executed between the Successful Proposer and the City. 1.9. Unauthorized Work If it is determined a contract is required, the Successful Proposer shall not begin work until a Contract has been fully executed, if applicable. 1.10. Instructions Careful attention must be given to all requested items contained in this RFP. Proposers are invited to submit Proposals in accordance with the requirements of this RFP. Please read the entire solicitation before submitting a Proposal. Proposers shall make the necessary entry in all blanks provided for the responses. The entire set of documents constitutes the RFP. The Proposer must return all information necessary for the City to properly analyze Proposer's response in total and in the same order in which it was issued. Proposer's notes, exceptions, and comments may be rendered on an attachment, provided the same format of this RFP text is followed. All Proposals shall be returned sealed, with the RFP number and closing date clearly stated on the outside of the package. Proposers must provide a response to each requirement of the RFP. Proposals should be prepared in a concise manner with an emphasis on completeness and clarity. 1.11. Changes / Alterations Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral modifications will be allowed. 5 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 1.12. Assignment of Contract Successful Proposer shall not assign, transfer or subcontract, at any time during the term of the Contract, any part of his/her operations, or assign any portion or part of the Contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.13. Discrepancies, Errors, and Omissions Any discrepancies, errors, or ambiguities in the RFP or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be necessary, a written addendum will be incorporated to the RFP. The City will not be responsible for any oral instructions, clarifications, or other communications. 1.14. Disqualification The City reserves the right to disqualify Proposals before or after the submission date, upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer. It also reserves the right to waive any immaterial defect or informality in any Proposals; to reject any or all Proposals in whole or in part, or to reissue a Request for Proposals. 1.15. Proposal Receipt Sealed Proposals will be accepted in accordance with the instructions detailed on the cover of this RFP. After that date and time, Proposals will no longer be accepted. The Proposer shall file all documents necessary to support its Proposal and shall include them with its Proposal. Proposers shall be responsible for the actual delivery of Proposals during business hours to the exact address indicated on the cover and in the RFP. Proposals that are not received by the City Clerk's Office by the deadline established in the RFP shall not be accepted or considered by the City. 1.16. Capital Expenditures The Proposer understands that any capital expenditures that the Proposer makes, in order to perform the services required by the City in this RFP, is a business risk which the Proposer may include in its proposed price. The City, however, is not and shall not pay or reimburse any capital expenditures or any other expenses; incurred by any Proposer in anticipation neither of a Contract award nor to maintain the approved status of the Proposer if a Contract is awarded. 1.17. RFP Process Milestones The anticipated schedule for this RFP and subsequent Contract is as follows, All dates are tentative and subject to change. ➢ RFP available for distribution ➢ Due date for Questions ➢ Proposal Due Date ➢ Evaluation of Proposers by Evaluation Committee ➢ Oral Presentations, if applicable ➢ Recommendation from Evaluation Committee to City ➢ Recommendation to the City Commission ➢ City Commission Approval and/or Authorization to 6 week of Manager Execute Contract.. May 27, 2005 June 8, 2005 June 20, 2005 June 22, 2005 June 27, 2005 June 29, 2005 July 1, 2005 . July 21, 2005 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 2.0. SPECIFICATIONS 1 SCOPE OF WORK The City is seeking the services of a personnel selection Consultant to develop and implement a series of customized examination processes with a parallel form for each exercise for each exam administration, for each of the classifications of Police Lieutenant and Police Sergeant, on behalf of the Department of Employee Relations. During the initial two (2) year term of the contract, and for each optional two (2) year term of the contract if extended by the City, it is anticipated the Successful Proposer shall administer one (1) examination for the classification of Police Lieutenant, and one (1) examination for the classification of Police Sergeant. However, it should also be noted that should it be in the City's best interests, and at its sole option, the number of examinations may increase, or decrease accordingly, at anytime throughout the term of the contract, including all extension terms, based upon the needs of the City at that time, The promotional processes for each classification will consist of customized examination processes, and seniority credit for time -in -grade. The scores that will be used to establish the Eligible Register for these promotional processes will be made up of two components. The first component is a weight of 80% of the overall score from the Consultant's examination process; the second component is a weight of 20% of the candidate's seniority points in accordance with Civil Service Rule 6, and if applicable, FOP Union contract with the City. The following are approximations of the number of candidates expected to sit and participate, for each examination process and during each of the anticipated two (2) year contract period: 100 for Police Lieutenant and 350 for Police Sergeant. However, be advised these numbers may be for more or less, depending upon need. 2.1 TESTING PROCEDURE OBJECTIVES The testing procedure for each classification over the life of the contract shall: 1. Be based on a corresponding job analysis for the targeted position. 2. Be directly job -related. 3. Be reasonably perceived as fair and objective by the candidates. 4. Be standardized to ensure comparability of scores across candidates. 5. Be developed with input from staff from the Miami Police Department and the Department of Employee Relations. 6. Entail multiple assessment measures. 7. Meet the Federal "Uniform Guidelines on Employee Selection Procedures" and current professional standards, including but not limited to, the Society for Industrial and Organizational Psychology "Principles for the Validation and Use of Personnel Selection Procedures", and/or American Educational Research Association/American Psychological Association/National Council on Measurement in Education "Standards for Educational and Psychological Testing". The Consultant must be qualified and experienced in the design and implementation of law enforcement promotional systems. 7 City of Miami, Florida Police Promotional Exam Processes REP 04-OS-085 2.2 TEST DEVELOPMENT REQUIREMENTS The Consultant shall: 1. Abide by timetables outlined herein over the life of the contract and for each classification, with the understanding that timetables outlined herein may be superseded by provisions outlined in the current Fraternal Order of Police (FOP) Labor Agreement. These timetables are estimates only and subject to change. The City shall provide reasonable written notice of any changes to specified timetable. 2. Conduct a legally defensible job -analysis according to current professional and legal standards within 90 calendar days after the execution of the Agreement for both classifications of Police Lieutenant and Police Sergeant. 3. Develop a written examination that is appropriate to directly measure the knowledge, skills, abilities, and other characteristics (KSAOs) identified in the job analysis as necessary to perform the job functions within 1 80 calendar days of the completion of the job analysis for each classification of Police Sergeant and/or Police Lieutenant. The written examination may act as a hurdle for the classification of Police Sergeant. 4. Develop no less than three (3) examination exercises for each examination and for each classification that is appropriate to directly measure the knowledge, skills, abilities, and other characteristics (KSAOs) that are identified in the existing job analysis within 180 calendar days after the completion of the job analysis necessary to perform the job functions for the classifications of Police Lieutenant and Police Sergeant. Consultant will have input from subject matter experts (SME) from the Miami Police Department including final review of exercises. The Department of Employee Relations (DER) will also have input into the development of examination measures and must approve exercises after Police Department SME approval. Each examination process must have a preparation manual/study guide published and delivered to DER in electronic format by the test Consultant, with sample exercises, at least 60 days prior to the administration of the examination. All exercises must require responses which are recorded by the candidate on paper and/or verbally to live assessors. 5. Develop a parallel form for each exam exercise, for each classification and for each day of testing that exceeds a one (1) day administration period. In addition, develop one (1) extra form for each and every exercise beyond the number of days of testing that will not be used during the test administration process. 6. Work with the Miami Police Department and Department of Employee Relations to develop one (1) book list for each examination and for each classification based upon a current Job Analysis, if not already developed. The book lists must be the sole source of examination material for each classification. Each list for each examination and for each classification must be published a minimum of 90 days prior to the administration of the exam. Source materials are to be compared with the job analysis data to ensure that all items, exercises, etc. are drawn from included source materials and are representative of the job content. Parallel exercises must also be developed by the Primary Consultant's firm or agency from the booklist. 8 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 7. Identify percentage of job domain measured by each customized examination process and for each classification (e.g., simulation, role-play) within 60 days prior to the first day of the administration of the exam. Identify area(s) of job domain not measured by each examination process and identify appropriate measures for assessing that portion of job domain for the classification. Reviews must be based on the current job analysis for the appropriate classification. 8. Prepare and submit for approval to the Department of Employee Relations all scripts for all appropriate exercises for all appropriate classifications in electronic format at least 21 calendar days prior to the first examination date. 9. The Project Manager, or the individual as proposed and responsible to work directly with the City on an as -needed basis throughout the life of the contract to perform the scope of services and administer the examination(s) (identified herein as the Primary Consultant), and members of the Consultant's firm or agency shall be present, complete with materials needed during the duration of the test administration process for each exam, for each exercise and for each classification. Consultant will be in possession of all materials needed for administration of each exercise for each examination and for each classification. Location of test sites is the responsibility of the City. City staff approved by the Department of Employee Relations may be used as proctors for the examination process. 10. Primary Consultant's firm or agency, under the direct supervision of the Primary Consultant, shall score each examination for each classification and generate descriptive statistics such as means and standard deviations. Primary Consultant shall analyze the scores from each examination process to determine the extent to which group means differ by ethnicity/race and by gender for each classification, present said analyses to DER for review, and include said analyses in the final report. Analyses to include, but not limited to, adverse impact, validity, and exercise and examination reliability by sub -dimension and overall, item difficulty, item descriptives, and item homogeneity, etc. where applicable. 11 Primary Consultant shall ensure that all scoring calculations and results are error free and completed within 14 days after the last exam administration for each classification. Data entry and scoring is to be completed by at least two different individuals working independently with results matched for agreement. Any and all discrepancies must be resolved quickly in a fair and unbiased manner. 12. Primary Consultant shall recommend a cutoff score within 21 days after the administration of the exam for each customized examination process, for each classification and provide written rationale for each recommendation given including the establishment of the cutoff score. All cutoff scores recommended by the Consultant must be based on the results of an appropriate validation study conducted according to professional standards. The Department of Employee Relations reserves the right to review and approve the recommended cutoff point for each examination process. 13. Primary Consultant or qualified consultant's representative shall provide an on -site orientation program for each examination, for each classification to ensure that all candidates receive uniform information for the applicable examination within 40 days prior to the administration of the exam. The orientation will include written guidelines and rules that will govern each exam administration of each examination process for each classification and a "Questions and 9 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 Answers" packet for each exam process for each classification. Each "Questions and Answers" packet must be submitted by the Primary Consultant to the Department of Employee Relations, Testing and Validation Section staff at least 30 days prior to each test administration for each classification and will summarize the questions and issues raised at the on -site orientation with acceptable responses to each question. 14. Consultant shall contact, screen, select, secure, obtain, train and ensure the presence of individuals from the law enforcement community to serve as assessors/role players/raters for each exercise, for each exam for each classification, where applicable, pending approval of the Department of Employee Relations, Testing and Validation Section. All assessors will be from (a) United States agencies, (b) comparable in size and/or selected demographics (e.g., ethnicity, race, gender) to the Miami Police Department, (c) outside of the State of Florida, and (d) of the same rank or higher rank as the classification being tested. Every effort must be made by the Primary Consultant to ensure that each exam process for each classification has appropriate ethnic/racial and gender representation among assessors used in exercises for each classification. The selection and training of potential assessors/role players/raters and the ethnichacial and gender background making up the assessor panel must be approved by the Department of Employee Relations for each classification process a minimum of forty-five (45) days prior to each exam administration for each classification. The Department of Employee Relations reserves the right to require that consultants use separate role players from that of assessors. It is preferred that individuals serve as either an assessor or a role player but not in both capacities. A minimum of three (3) assessors must participate in training and assessment for all exercises with the exception of the Letter or Memo Writing, Simulation, or other DER approved exercise(s) for which a minimum of two (2) assessors must participate in training and assessment. The City reserves the right to require that the Primary Consultant contact, screen, select, secure, obtain, train and ensure the presence of an additional assessor and/or role player and/or rater for each exercise for each exam for each classification to serve as an alternate should a primary assessor and/or role player and/or rater be unable to carry out their duties as an assessor and/or a role player and/or a rater, respectively. Primary consultant will develop, photocopy, collate, and otherwise prepare and administer assessors/role players/raters training materials and administer training for assessors/role players/raters. The City reserves the right to have representation present from the Department of Employee Relations at any and all processes that involve assessors, including but not limited to orientations and/or training sessions and/or selection proceedings and/or assessment processes and/or scoring. The same number of assessors/role players/raters must be used to assess everyone participating in a specific exercise requiring assessors/role players/raters for each classification, respectively and as applicable. Candidates will be scored by the same assessors/role players/raters for each exercise of each exam for each classification. 15 The Primary Consultant shall provide candidates with proper feedback to include a written profile of candidate's performance from their examination processes, and a plan for improving performance that shall be developed from candidate score(s). This feedback must be specific to their performance in each exercise and the scoring guidelines for each exercise, in order for the candidates to learn what could have been said/done that would have improved his or her score(s); this will be provided so that candidates can improve on their performance on future examinations. If a hurdle examination process is administered, only those who competed in the entire process shall receive written feedback within 45 days after the exam administration. 10 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 16. The Primary Consultant shall provide evidence (e.g., statistics) supporting the content validity and reliability of each exam for each classification in a separate final report to the Department of Employee Relations, Testing and Validation Section. Actual scores for each candidate including, but not limited to raw, standardized, and computed, must be provided to the City for each candidate for each exercise for each exam in each classification within 14 days following completion of the exam administration. In addition, the Primary Consultant shall provide recommendations in the final report to assist the City with preparing examination candidates for future processes. This report should include sufficient information to assist the City in developing future training programs for promotional candidates. 17. The Primary Consultant shall establish the content validity for each exam for each classification by documenting the links between the Job Analysis and examination process and exercises in accordance with the Federal "Uniform Guidelines on Employee Selection Procedures" and current professional standards including, but not limited to, the Society for Industrial and Organizational Psychology "Principles for the Validation and Use of Personnel Selection Procedures", and/or American Educational Research Association/American Psychological Association/National Council on Measurement in Education "Standards for Educational and Psychological Testing". This information shall be included in each final report along with documentation of exam development, administration, scoring for all exams, exercises, components, etc. The final report shall also include a detailed explanation of any and all controls and safeguards used to eliminate rater errors or other biases and ensure accurate analytical interpretation and completeness and all documents provided to candidates and assessors, role players and raters (e.g., study/prep guide, Questions and Answer Packet, assessor/role player/rater training manuals, assessor/role player/rater rating materials). 18. The Primary Consultant or qualified individual from the Consultant's firm or agency shall provide three (8 hours) days of post-test consultation inclusive in proposed fees, as well as maintaining fixed and firm fees throughout the initial term of the contract for the Specifications/Scope of Work cited herein, including any additional work as necessary. The Primary Consultant shall, as part of the Contract, agree to appear on the City's behalf as an expert witness in the event of any litigation arising from any of the examination processes for each classification, The Primary Consultant agrees to appear for a total time of three (3) days up to eight (8) hours per day without any additional financial costs to the City, The Consultant shall be responsible for transportation, lodging, and meals. After the three (3) days has been utilized, the Primary Consultant shall be allowed to charge the City his or her reasonable daily rate at time of Contract for any additional days for the services relating to litigation and/or appearing as an expert witness; said appearance and resulting costs have to be approved by the City in advance of travel. The Consultant shall be responsible for travel time, transportation, lodging and meals during the first three (3) days of post-test consultation. Reasonable travel expenses, a rental car allowance, hotel accommodations, and a meal allowance for appearances arising from litigation shall be paid to the Primary Consultant by the City as additional costs upon approval by the City and in accordance with §112.061, Florida Statutes. 19. The Primary Consultant shall propose a fixed and firm lock rate for all exams within the time period of the contract. 20. The Primary Consultant shall furnish all equipment, materials, supervision or supplies necessary for completion of all the services specified in this RFP. Failure to possess the necessary 11 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 materials and equipment in order to satisfactorily perform the services may result in the default/termination of contract andlor postponement of test. Consequently, Primary Consultant must develop, validate, administer, etc. a new examination with all applicable exercises at no cost to the City within an expedient time frame. Should a re -administration occur as a result of default herein, the Primary Consultant agrees to waive any and all fees related to Item 418 regarding fee charges beyond the three days of service for expert testimony andlor litigation arising as a result of the re-examination for each classification. 21 All work shall be performed by, or under the direct supervision of, the Primary Consultant. All associates used on each project must have a minimum of a Masters degree in Industrial and Organizational Psychology or closely related field. All work performed must conform to the ethical and professional guidelines, principles, and standards outline in the Federal "Uniform Guidelines on Employee Selection Procedures" and current professional standards including, but not limited to, the Society for Industrial and Organizational Psychology "Principles for the Validation and Use of Personnel Selection Procedures", andlor American Educational Research Association/American Psychological Association/National Council on Measurement in Education "Standards for Educational and Psychological Testing". 22. Should the Primary Consultant leave the employ of the Successful Proposer during the initial and extension term(s) of the contract, as applicable, the City reserves the right to approve, or not approve, its replacement. In addition, the City reserves the right to seek a replacement of the Primary Consultant, should the City determine he/she is not performing in accordance with the terms and conditions of the scope of work/services. 2.3 TEST SCHEDULE - The test schedule as identified herein is subject to change by the City throughout the duration of the contract, including extensions. However, the initial two (2) examination(s) for Police Lieutenant and Police Sergeant during the initial two (2) years of the contract are expected to be completed by the end of 2005. Project Schedule: Included in this RFP is an anticipated project schedule of events or process milestones that illustrates the time -frame requirements for conducting the work described above. Work is anticipated to begin, following contract execution, the month of September, 2005 for the administration of the initial set of examinations for the classifications of Police Sergeant and Police Lieutenant. Proposer must submit a proposed timeline outlining the anticipated services and activities of their proposal and duration, subject to Department of Employee Relations' approval within 180 calendar days of the earliest exam date. Proposed timeline shall include, but is not limited to, treat of the following areas: details of exam format(s), job analytic task groups by exam component, description of all exams/exercises/components, candidate performance evaluation, test development, KSAOs per task group and per exam component, target ability and knowledge areas by exercise, project schedule, etc. See below a more detailed, approximate timeline for the administration of the examinations for both classifications. These dates are approximate only, and subject to change. POLICE LIEUTENANT 12 City of Miami, Florida Activity Conduct Job Analysis for Exam #1 Written Exam and Oral Board Development for Exam #1 Administer Exam #1 Establish Eligibility Register #1 Written Exam and Oral Board Development for Exam #2 Administer Exam #2 Establish Eligibility Register #2 Written Exam and Oral Board Development for Exam #3 Administer Exam #3 Establish Eligibility Register #3 POLICE SERGEANT Activity Conduct Job Analysis for Exam #1 Written Exam and Oral Board Development for Exam #1 Administer Written Exam #1 Administer Oral Boards #1 Establish Eligibility Register 41 Written Exam and Oral Board Development for Exam 42 Administer Written Exam #2 Administer Oral Boards #2 Establish Eligibility Register #2 Written Exam and Oral Board Development for Exam #3 Administer Written Exam #3 Administer Oral Boards #3 Establish Eligibility Register #3 Police Promotional Exam Processes Anticipated Date(s) September 2005 — October 2005 November 2005 — February 2006 March 2006 April 2006 October 2007 — January 2008 February 2008 March 2008 October 2009 — January 2010 February 2010 March 2010 Anticipated Date(s) November 2005 — December 2005 January 2005 — April 2006 May 2006 June 2006 August 2006 January 2007 — April 2008 May 2008 June 2008 August 2008 January 2009 — April 2010 May 2010 June 2010 August 2010 2.4 COST / FEE STRUCTURE 13 RFP 04-05-085 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 Proposer shall provide, in detail, for each exam and for each classification, a clear accounting of all costs and fees associated with the completion of this project. All costs must be itemized on a per activity basis including job analysis (e.g., information gathering, development of assessment measures, oral board administration, scoring, report development, travel and accommodations, daily rate of compensation for appearance, etc.) including the overall total cost to develop and implement a customized examination process for both Police Lieutenant and Police Sergeant (e.g., materials production, mailing, telephone, other communication costs between the Proposer and the City) that is specific to the format proposed for project completion. During the initial two (2) year term of the Contract and where it is anticipated the Successful Proposer will provide one (1) examination for the classification of Police Lieutenant, and one (1) examination for the classification of Police Sergeant, the fees proposed by Proposer(s) and negotiated with the City shall remain fixed and firm. However, subject to further negotiations with the City, the City may authorize a cost of living increase not to exceed 5% for each set of examination processes for Police Lieutenant and Police Sergeant thereafter, during the initial and/or any extension terms, excluding the initial proposed fees for a Job Analysis(es) for each classification. 14 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 3.0. GENERAL TERMS AND CONDITIONS 3.1. Acceptance/Rejection The City reserves the right to accept or reject any or all Proposals or to select the Proposer that, in the opinion of the City, will be in the best interest of and/or the most advantageous to the City. The City also reserves the right to reject the Proposal of any Proposer who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this RFP. The City reserves the right to waive any irregularities and technicalities and may, at its discretion, withdraw and/or re -advertise the RFP. 3.2. City Not Liable for Delays It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Proposer, any Sub -Contractor, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 3.3. Contract Award and City's Rights The Proposals will be evaluated by an Evaluation Committee ("Committee") appointed by the City Manager, comprised of appropriate City staff and members of the community, as deemed necessary, with the appropriate technical expertise and/or knowledge. The Committee shall evaluate each Proposal based upon the evaluation criteria established herein (the "Evaluation Criteria"). A Proposer may receive the maximum number of available points or a portion of this score depending on the merit of its Proposal, as evaluated by the Committee. The Committee reserves the right, in its sole discretion, to request one (1) or more Proposers to make oral presentations before the Committee as part of the evaluation process. Such presentations/interviews provide the Proposer with an opportunity to clarify the proposal and to ensure a mutual understanding of its content. The presentation may be scheduled at the convenience of the Evaluation Committee and shall be recorded. The Committee reserves the right to rank the Proposals and shall submit its recommendation to the City Manager for acceptance. If the City Manager accepts the Committee's recommendation, pursuant to Section 18-104, (2), a Notice of the City Manager's recommendation for award of contract will be sent to all proposers by the Chief Procurement Officer notifying proposers of the City Manager's recommendation to the City Commission. The City Manager shall make his recommendation to the City Commission requesting the authorization to negotiate and/or execute an agreement with the recommended Proposer. No Proposer shall have any rights against the City arising from such negotiations or termination thereof. The City Manager or designee reserves the right to enter into Contract negotiations with the first ranked Proposer. If the City Manager or designee and the Proposer cannot negotiate a Contract, the City Manager or designee may terminate said negotiations and begin negotiations with another Proposer. This process may continue until a Contract acceptable to the City has been executed, as applicable, or all Proposals are rejected. The City Manager or designee reserves the right to 15 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 negotiate with each responsive and responsible Proposer. No Proposer shall have any rights against the City arising from such negotiations or termination thereof. The Proposer shall acquire no vested rights by virtue of the Evaluation Committee's recommendation. No rights at all shall accrue to the benefit of the Successful Proposer until the Contract, as applicable, is executed by both parties. While the City Commission may direct that the City Manager or designee negotiate a Contract with a Proposer, said Contract may be conditional on the subsequent submission of other documents within the time and in the manner specified in the contract. The final decision to award the Contract shall be made by the City Commission. The City Manager reserves the right to approve the recommendation of the Committee, reject award of the Committee's recommendation, and instruct the Committee to re-evaluate and make another recommendation, reject all Proposals, or recommend that the City Commission reject all Proposals. The City reserves the right to reject any or all Proposals, in whole or in part, and/or make award to one or more Proposers, whichever is deemed to be in the City's best interests. The City also reserves the right to waive any informalities, irregularities and technicalities in procedure at its sole discretion. 3.4. Cost Incurred By Proposers All expenses involved with the preparation and submission of Proposals to the City, or any work performed in connection therewith shall be borne by the Proposer. 3.5. Legal Requirements This RFP is subject to all applicable federal, state, county and local laws, ordinances, rules and regulations that in any manner affect any and all of the services covered herein. Lack of knowledge by the Proposer shall in no way be cause for relief from responsibility. 3.6. Minority / Women Business Enterprise (M/WBE) Program Ordinance No. 10062, as amended, entitled the Minority and Women Business Affairs and Procurement Ordinance of the City of Miami, Florida sets forth "...a goal of awarding at least 51 percent of the City's total annual dollar volume of all expenditures for all goods and services, to Black, Hispanic and Women minority business enterprises on an equal basis." A minority business enterprise is defined as a business firm "...in which at least 51 percent of said enterprise is owned by Blacks, Hispanics, or Women and whose management and daily business operations are controlled by one or more Blacks, Hispanics or Women." To achieve the goal established by Ordinance 10062, vendors doing business with the City are encouraged to include minority firms as participants in their Proposals. Acceptable ways for M/WBE and minority participation in this Proposal are: 1. Proposers certified by the City or State of Florida prior to Proposal submission. 2. Proposers, including sub -consultants certified by Miami -Dade County Public Schools or Miami -Dade County as M/WBE prior to Proposal submission, and certified by the City prior to the evaluation of Proposals by the Evaluation Committee. 16 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 3. Proposers who have key professional staff members who are Blacks, Hispanics and/or Women assigned to key positions for this engagement. Failure to meet any of the above shall deem the Proposer ineligible for consideration as a M/WBE. For the purposes of this RFP, a certified M/WBE is one which has been certified by the City of Miami or the State of Florida as a Black, Female, or Hispanic business enterprise. Entities which are M/WBE certified by the Miami -Dade County Public Schools or Miami -Dade County must be certified prior to Proposal submission, and must be certified as an M/WBE by the City prior to evaluation of Proposal by the Evaluation Committee. Proposers may contact the City Clerk's Office for copies of Ordinance No. 10062 and amendments. The Purchasing Department will provide the necessary forms and instructions upon request. Please contact the M/WBE Supervisor, at (305) 416-1921. Each Proposer should also submit along with the Proposal an Affirmative Action Policy (AAP). 3.7. Local Preference Local preference regarding this RFP will be considered during the evaluation process. 3.8. Non -Appropriation of Funds In the event no funds or insufficient funds are appropriated and budgeted or funding is otherwise unavailable in any fiscal period for payments due under the Contract, then the City, upon written notice to the Consultant or his/her assignee of such occurrence, shall have the unqualified right to terminate the Contract without any penalty or expense to the City. 3.9. Occupational License Requirement Any Proposer with a business location in the City, who submits a Proposal under this RFP, shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City Charter. Proposers with a business location outside the City shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the Proposal; however, the City may at its sole option and in its best interest allow the Proposer to supply the license to the City during the evaluation period, but prior to award. 3.10. Payment Payments to the Successful Proposer shall be made in arrears, and based on work performed to the satisfaction of the City. No advance payments will be made at any time. Payment shall be made after delivery, within 45 days of receipt of an invoice for services/goods and pursuant to Florida Statute 218.74 and other applicable laws. 3.11. One Proposal Only one (1) Proposal from an individual, firm, partnership, corporation or joint venture will be considered in response to this RFP. 17 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 3.12. Proposer Minimum Qualifications The following represent the minimum qualification requirements for a Proposer to be deemed responsive by the City, and Proposers shall satisfy each of the following minimum requirements cited below. Each of these minimum qualifications must be addressed in detail in Proposal submission to determine Proposer's responsiveness. Failure to meet each of the following qualification requirements, and/or failure to provide sufficient detail and/or documentation in its Proposal to determine responsiveness by the City, will result in the Proposal being deemed non- responsive. A. Proposer shall have been providing the services as described in this RFP for a minimum of three (3) years; and have sufficient financial support, equipment and organization to insure that it can satisfactorily execute the services if awarded a Contract under the terms and conditions herein stated. B. Proposer shall have no record of judgments, bankruptcies, pending lawsuits against the City or criminal activities involving moral turpitude, and not have any conflicts of interest that have not been waived by the City Commission. C. Neither Proposer nor any principal, officer, or stockholder of Proposer shall be in arrears or in default of any debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any previous contract with the City. 3.13. On-line Vendor Registration It is the policy of the City that all prospective Proposers register on-line at http://www.ci.miami.fl.us/procurement, click on the link, Vendor Registration, fill out all required fields, and indicate the commodities/services which prospective Proposer can regularly supply to the City for bid / RFP notification purposes sent by the City to registered prospective Proposer via email or facsimile transmission, or both. Prospective Proposers who have already registered previously are not required to re -register, unless prospective Proposer has to update its information concerning changes such as ownership, new address, telephone number, fax, commodities, etc. Prospective Proposer can access its Vendor Profile by selecting the link; modify profile, and entering its assigned User ID and Password. All prospective Proposers should register on-line, regardless if Proposer submits a Bid or the "Statement of No Bid Form". The City will make its best effort to source all registered vendors with the related commodity or service of future solicitations and send solicitation notification via the email or facsimile, or both. Solicitation notification sent via e-mail to prospective Proposer will contain a link of the solicitation to download the document, and the entire document will be sent via facsimile to those prospective Proposers who choose to be contacted via fax. A Purchase Order will not be issued by the City unless the Successful Proposer has registered on-line. For any questions, contact the Vendor Registration Section at (305) 416-1913. 3.14. Public Entity Crimes A person or affiliate who has been placed on the convicted Proposer list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a Response on a contract with a public entity for the construction or repair of a public building or public work's project, may not submit a response on a lease of real property to a public entity, may not be awarded or perform work as a contractor, supplier, 18 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of Florida Statutes for Category Two for a period of 36 months from the date of being placed on the convicted Bidder / Proposer list. 3.15. Resolution of Protests Any actual or prospective contractual party who feels aggrieved in connection with the solicitation or award of a contract may protest in writing to the Director of Purchasing/Chief Procurement Officer who shall have the authority, subject to the approval of the City Manager and the City Attorney, to settle and resolve a protest with final approval by the City Commission. Bidders are alerted to Section 18-103 of the City's Ordinance No. 12271 describing the protest procedures. Protests failing to meet the requirements for filing shall not be accepted. Failure of a party to timely file shall constitute a forfeiture of such party's right to file a protest. NO EXCEPTIONS. 3.16. Review of Proposals for Responsiveness Each Proposal will be reviewed to determine if it is responsive to the submission requirements outlined in the RFP. A "responsive" Proposal is one which follows the requirements of the RFP, includes all documentation, is submitted in the format outlined in the RFP, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Proposal non -responsive. A responsible Proposer is one that has the capability in all respects to fully perform the requirements set forth in the Proposal, and that has the integrity and reliability, which will assume good faith performance. 3.17. Sales Tax The City is State Sales Tax exempt. Notwithstanding, Proposers should be aware of the fact that all materials and supplies which are purchased by. the Proposer for the completion of the contract, if applicable, is subject to the Florida State Sales Tax in accordance with Section 212.08 Florida Statutes amended 1970 and all amendments thereto and shall be paid solely by the Proposer. 3.18. Sub -Consultants of Work Shall Be Identified With its Response, the Proposer should identify any and all Sub -Consultants, if applicable, and should they be known at the time, that will be used in the performance of the proposed Contract, their capabilities, experience, minority designation, as defined in Ordinance 10062 and a brief description of the work to be performed by the Sub-Consultant(s) if applicable. The Successful Proposer shall not, at any time during the term of the Contract, subcontract any part of his operations or assign any portion or part of the Contract to Sub -Consultants not mentioned in its Proposal without prior written consent of the City. Nothing contained in this RFP shall be construed as establishing any contractual relationship between any Sub -Consultants) and the City. The Successful Proposer shall be fully responsible to the City for the acts and omissions of the Sub- Consultant(s) and their employees, as for acts and omissions of persons employed by Successful Proposer. 19 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 3.19. Employees are Responsibility of Successful Proposer AU employees of the Successful Proposer shall be considered to be, at all times, employees of the Successful Proposer under its sole direction and not employees or agents of the City. The Successful Proposer shall supply competent and physically capable employees. The City may require the Successful Proposer to remove an employee the City deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment under this contract is not in the best interest of the City. Each employee shall have and wear proper identification. All the services required herein shall be performed by the Successful Proposer, and all personnel engaged in performing the services shall be fully qualified to perform such services. All personnel of the Successful Proposer shall be covered by Workmen's Compensation, unemployment compensation, and liability insurance, a copy of which is to be provided to the City. See the document entitled Insurance Requirements for specific requirements. All applicable taxes, fringe benefits, and training for all personnel for the performance under the contract shall be the sole responsibility of the Successful Proposer. 3.20. Use of Name The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Proposal are to be mentioned, or imply the name of the City, without prior express written permission of the City. 3.21. Collusion The Proposer, by submitting a Proposal, certifies that its Proposal is made without previous understanding, agreement or connection either with any person, firm, or corporation submitting a Proposal for the same services, or with the City's Purchasing Department or initiating Department. The Proposer certifies that its Proposal is fair, without control, collusion, fraud, or other illegal action. The Proposer further certifies that it is in compliance with the conflict of interest and code of ethics laws. The City will investigate all situations where collusion may have occurred and the City reserves the right to reject any and all Proposals where collusion may have occurred. 20 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 4.0. SPECIAL PROVISIONS of a Proposed Contract 4.1. Authorization If required, and upon authorization of the City Commission, the City Manager or his designee shall negotiate all aspects of the Contract with the Successful Proposer. The City Attorney's Office will provide assistance to the City Manager or his designee during the negotiation of the Contract and must approve the Contract as to legal form and correctness prior to the City Commission's authorization for the execution of the Contract by the City Manager. The Contract shall comply with all applicable laws, City Charter, and code provisions. 4,2. General Provisions of Contract with Successful Proposer Any applicable Contract shall address, but not be limited to, the following terms and conditions: 4.2.1. Amendments to the Contract The City Manager shall have sole authority to amend the Contract, as applicable on behalf of the City. 4.2.2. Assignment of Contract The Successful Proposer shall not assign any portions thereof, or any part of his/her operations, without written permission granted by the City through the City Manager, in the City's sole discretion. 4.2.3. Audit Rights and Records Retention The Successful Proposer agrees to provide access to the City, or any of its duly authorized representatives, to any books, documents, papers, and records of the contractor which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Proposer shall maintain and retain any and all of the aforementioned records for three (3) years after the City makes final payment and all other pending matters are closed. On an ongoing basis, the most recent Financial Statements and audit reports, whether internal or outside audits, must be provided to the City. 4.2.4. Compliance with Orders and Laws The Successful Proposer shall comply with all local, state, and federal directives, ordinances, rules, orders, and laws as applicable to this RFP. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of Contract. 4.2.5. Conflict of Interest If any individual member of a proposing team, or an employee of a proposing team/firm, or an immediate family member of the same is also a member of any board, commission, or agency of the City, that individual is subject to the conflict of interest provisions of the City Code, Section 2-611. The Code states that no City officer, official, employee or board, commission or agency member, or a spouse, son, daughter, parent, brother or sister of such person, shall enter into any contract, transact any business with the City, or appear in representation of a third party before the City Commission. This prohibition may be waived in certain instances by the affirmative vote of 4/5 of the City Commission, after a public hearing, but is otherwise strictly enforced and remains effective 21 City of Miami, Florida Police Promotional Exam Processes for two years subsequent to a person's departure from City employment or board, commission or agency membership. This prohibition does not preclude any person to whom it applies from submitting a Proposal. However, there is no guarantee or assurance that such person will be able to obtain the necessary waiver from the City, even if such person were the Successful Proposer. A letter indicating a conflict of interest for each individual to whom it applies shall accompany the submission package. The letter must contain the name of the individual who has the conflict; the relative(s), office, type of employment or other situation which may create the conflict; the board on which the individual is or has served; and the dates of service. 4.2.6. Contract Administrator The Contract Administrator for the Contract shall be: Name Eyran Kraus, Ph.D. Acting Testing and Validation Supervisor Department Human Resources Address 444 SW 2nd Avenue, 7th Floor Miami, Fi. 33130 RFP 04-O5-085 4.2.7. Project Manager / Primary Consultant Proposer shall include the name and telephone, and/or beeper number of the Proposer's intended Project Manager/Primary Consultant assigned to the City. In the event the Contract is awarded to Proposer, the Project Manager/Primary Consultant designated by Proposer, shall be available at one of these contact numbers on a daily basis during at least regular business hours, Monday through Friday, for purposes of addressing complaints and receiving information as to Contract performance. Should the Project Manager/Primary Consultant deemed acceptable by the City leave the Successful Proposer's firm for any reason, the City reserves the right to accept or reject any other proposed Project Manager/Primary Consultant. 4.2.8. Indemnification The Successful Proposer shall agree to indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnities") and each of them from and against all losses, costs, penalties, fines, damages, claims, expenses (including attorney's fees), liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by the Contract which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of the Indemnities, or any of them or (ii) the failure of the Successful Proposer to comply with any of the requirements specified within the Contract, or the failure of the Successful Proposer to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance under the Contract. Successful Proposer expressly agrees to indemnify and hold harmless the Indemnities, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Successful Proposer, or any of its Sub-Consultant(s)s, if applicable and as provided above, for which the Successful Proposer's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. 22 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 Insurance Within ten (10) days after notification of award, the Successful Proposer shall furnish Evidence of Insurance to the Purchasing Department. Please refer to Section 6.3 Indemnification and Insurance. Execution of a Contract is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this RFP, the Successful Proposer shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Successful Proposer fails to submit the required insurance documents in the manner prescribed in this RFP, within fifteen (I5) calendar days after the Successful Proposer has been made aware of Commission award, the Successful Proposer may be in default of the contractual terms and conditions. Under such circumstances, the Successful Proposer may be prohibited from submitting future proposals to the City. Information regarding any insurance requirements shall be directed to the Risk Management Administrator, Risk Management Department, at (305) 416-1700. Additionally, Successful Proposer may be liable to the City for the cost of re -procuring the services, caused by Successful Proposer's failure to submit the require documents. 4.2.10. Hold Harmless The Successful Proposer shall hold harmless and indemnify the City for any errors in the provision of services and for any fines which may result from the fault of the Successful Proposer. 4.2.11. Proposer's Warranty Proposer warrants that no one was paid a fee, commission, gift, or other consideration contingent upon receipt of an award for the services specified herein. 23 Cily of Miami, Florida Police Promotional Exam Processes REP 04-05-085 5.0. INSTRUCTIONS FOR SUBMITTING A PROPOSAL The following information and documents are required to be provided with all Proposals to this RFP. Failure to do so may deem your Proposal non -responsive. 5.1. Instructions to Proposers The purpose of this RFP is to hire a qualified Consultant, which may be an individual, firm, corporation, joint venture, partnership or other legal entity, is seeking proposals to develop and implement, for the classifications of multiple Police Lieutenant and multiple Police Sergeant, customized examination process(es) over the life of the contract, including extension terms, for the Department of Employee Relations. Therefore, only fully capable, experienced, and qualified Proposers should submit Proposals in response to this RFP. Any firm(s) involved in a joint venture in its Proposal will be evaluated individually, as each firm of the joint venture would have to stand on its own merits. Proposer must clearly reflect in its Proposal any Sub -Consultants proposed to be utilized, and provide for the sub -consultant the same information required of Consultant. The City retains the right to accept or reject any Sub -Consultants proposed. Throughout this RFP, the phrases "must" and "shall" will denote mandatory requirements. Any Proposer's proposed system that does not meet the mandatory requirements is subject to immediate disqualification. When responding to this RFP, all Proposers shall adhere to the guidelines defined below. Any and all Proposals that do not follow the prescribed format are subject to immediate disqualification. 5.1.1. Submission Requirements PROPOSAL FORMAT The following documentation should be included as a minimum in the Proposal and submitted to the City. Responses to all requests for documentation requested below will be utilized to determine whether Proposer met all minimum requirements depicted in Section 3.12 Proposer Minimum Qualifications, and if deemed responsive by the City, will be utilized by the Evaluation Committee to evaluate and provide scoring for each Proposal. Instructions to Proposers: Proposers should carefully follow the format and instructions outlined below, observing format requirements where indicated. Proposals must contain the information itemized below and in the order indicated. This information should be provided for the Proposer and any Sub -Contractors to be utilized for the work contemplated by this RFP. Proposals submitted which do not include the following items may be deemed non -responsive and may not be considered for contract award. The response to this solicitation should be presented in the following format. Failure to do so may deem your Proposal non -responsive. 24 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 1. Cover Page The Cover Page should include the Proposer's name; Contact Person for the RFP; Firm's Liaison for the Contract; Primary Office Location; Local Business Address, if applicable; Business Phone and Fax Numbers, if applicable Email addresses; Title of RFP; RFP Number; Federal Employer Identification Number or Social Security Number. 2. Table of Contents The table of contents should outline, in sequential order, the major sections of the Proposal as listed below, including all other relevant documents requested for submission. All pages of the Proposal, including the enclosures, should be clearly and consecutively numbered and correspond to the table of contents. 3. Executive Summary: A signed and dated summary of not more than two (2) pages containing the Proposer's Qualifications; Primary Consultant's Experience; Description of Proposed Testing Processes; Implementation Strategy; Ability to Perform Work with the Contract Time Frame; and Work Samples, as contained in the submittal. Proposer should include the name of the organization, business phone, fax, and email address, contact person, and Primary Consultant, 4. Proposer's Qualifications ("Proposer" refers to the Business Organization which employs primary consultant and consulting team members ): a) Describe the Proposer's organization, history and background, tax status, principals, owners, board of directors and/or board of trustees, and number of professionals employed, by EEO job classification, ethnicity, race and gender. b) Provide date Proposer was incorporated/organized; State(s) incorporated/organized in; c) Describe the firm's organizational history and structure; indicate whether the City has awarded previously any contracts to the firm. d) Submit a summary list of all full-time employees, who will be assigned to the City's project, by name, occupational title, EEO job classification, ethnicity, race and gender. e) Indicate the location of the firm where the work will be performed. f) Describe the members of the consulting Team and explain the firm's interest in performing the required professional services. Include copies of resumes for those individuals who will perform services, detailing educational background, test development experience, and experience with content validity approach. g) List current and previous clients, including the names of contact personnel and their telephone numbers. (The City reserves the right to contact these clients as part of the evaluation process.) Clearly state Police -related experience. h) Provide two (2) letters of reference letterhead preferably from governmental entities of a similar size and for whom similar services have been performed, for the past three (3) years. Letters should reflect experience in performing similar work in the past, and should contain the nature of the work performed by the Proposer; the date the work was performed; value of contract if known; quality of work performed; and the timeliness for the initiation and completion of this 25 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 work. All references may be verified by the City for authenticity and quality of work performed by Proposer. i) List all lawsuits and the disposition of the lawsuits relating to employment testing filed against the firm or agency. j) Address the above -listed items for sub -consultant firms proposed, as applicable. Provide a current resume of any Sub -Consultants. Include by EEO job classification, ethnicity, race and gender. Should Proposer propose to utilize a Sub-Consultant(s) to perform any of the services, then Proposer must identify Sub-Consultant(s) performing those services. Proposer must provide Sub- Consultant(s) qualifications and experience in detail, highlighting the experience in various subjects/issues as addressed in this RFP and those services anticipated to be performed by the Sub-Consultant(s). The City reserves the right to contact any reference as part of the evaluation process. 5. Primary Consultant's Experience: a) Detail all experience of Primary Consultant as it relates to projects of similar complexity and scope. Clearly state Police -related experience, particularly as it relates to examination processes for Police Lieutenant and Police Sergeant. b) Provide a Qualifications summary of the Primary Consultant who will be designated as the lead individual(s) to conduct the work for the City in the form of a resume including educational history, experience with content validity, test development history, and as it relates to proposed project. Clearly identify the nature of the work he/she will perform. c) Provide a complete list of clients for which Primary Consultant has provided similar services as required in this RFP. This list should include those governmental entities of a similar size and diverse population to the City for which services have been performed during the past three (3) years. Include the overall value of the contract, dates of engagement, overall tasks performed, and include the address, phone number(s) and contact persons within each organization. The City reserves the right to contact any reference as part of the evaluation process. d) Provide summary of all litigation experience in which the Primary Consultant served as an expert witness in employment -related testing. e) List all lawsuits and the disposition of lawsuits filed against the Primary Consultant relating to employment testing. 6. Description of Proposed Testing Processes: a) Provide summary of testing processes proposed for each classification of Police Lieutenant and Police Sergeant. b) Provide summary of previous relevant experience to include an explanation of the content validity process to be utilized linking the City's Job Analyses (see Attachment A) to each of the Police Sergeant and Police Lieutenant examination processes proposed, and explanation of scoring methodology for examination processes. c) Provide the names of individuals to be assigned to this project, the amount of time each will be assigned to the project, their qualifications including academic credentials, project roles and ethnic and gender identification. 26 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 7. Implementation Strategy Provide Summaries of administration/implementation Plans for proposed testing processes for Lieutenant and Sergeant. 8. Ability to Perform Work within the Contract Time Frame Provide timetable for project completion including benchmarks. List timetable utilizing calendar date(s) per activity completion for Lieutenant and Sergeant, for the initial set of examination processes for the classification of Police Lieutenant and Police Sergeant. 9. Work Samples: Provide sample exercises/work sample of each of the examination process proposed, for Lieutenant and Sergeant. 10. Minority/Women Participation, if applicable For the purposes of this RFP, a certified M/WBE is one which has been certified by the City of Miami or the State of Florida as a Black, Female, or Hispanic business enterprise. Entities which are MJWBE certified by the Miami -Dade County Public Schools or Miami -Dade County must be certified prior to Proposal submission, and must be certified as an M!WBE by the City prior to evaluation of Proposal by the Evaluation Committee. For Proposers seeking M/WBE consideration in the evaluation process, the following documents must be submitted with Proposal, if applicable: City of Miami, Miami -Dade County Public Schools, Miami -Dade County, or the State of Florida M/WBE Certificate/letter evidencing current certification status City of Miami Minority/Business Affairs Registration Affidavit For Proposers seeking EEO consideration in the evaluation process, Proposers must provide the names of key personnel by race, gender and ethnicity. 11. Local Preference, if applicable 4 For Proposers seeking local preference consideration in the evaluation process, the following information must be provided with proposal. State the Primary Office Location of the Proposer, and complete Affidavit. (Refer to Section 3.7 Local Preference) Provide location from which the Proposer will be based to perform the work. 12. Trade Secrets Execution to Public Records Disclosure 27 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 All Proposals submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Proposal contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the RFP number marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Proposal as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. 13. Affidavits / Acknowledgments • Proposers should complete and submit as part of its Proposal all of the following forms and/or documents: • 6.1 RFP Information Form • 6.2 Certificate of Authority • 6.3 Insurance Requirements • 6.4 Primary Office Location Affidavit • 6.5 Debarment and Suspension Certificate • 6.6 Proposer (Vendor) Application, if applicable • 6.7 Copy of Proposer's Occupational License • 6.8 Proof of current Miami MIWBE Certification, if applicable • 6.9 Conflict of Interest, if applicable THE FOLLOWING MUST BE SUBMITTED WITH YOUR PROPOSAL IN A SEPARATE SEALED ENVELOPE. FAILURE TO DO SO MAY DEEM THE PROPOSAL NON- RESPONSIVE. 14. Cost / Fee Proposal As a minimum, Proposers must complete and submit Cost/Fee Proposal in a separate sealed envelope or package, separate from the Technical Proposal, and clearly marked on the sealed envelope or package "COST / FEE PROPOSAL" together with the Proposer's name, RFP number, and RFP title. The Proposer may submit the separate sealed Price proposal inside the same container or package together with the separate Technical Proposal. These costs/fees will not be reviewed until each responsive Proposal has been evaluated according to the Evaluation criteria cited in Section 5.3. Failure to provide costs/fees shall deem your Proposal non -responsive. Should Proposer offer additional services, pricing for those additional services must be included with Cost/Fee Schedule in the separately sealed envelope, submitted with Proposal. Proposer shall provide, in detail, for each classification, of all costs and fees associated with the completion of this project. All costs must be itemized on a per activity basis including job analysis 28 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 (e.g., information gathering, development of assessment measures, assessment center administration, scoring, report development, travel and accommodations, daily rate of compensation for appearance, etc.) including the overall total cost to develop and implement a customized examination process for Police Lieutenant and Police Sergeant (i.e., video exercises, materials production, mailing, telephone and other communication costs between the Proposer and the City) that is specific to the format proposed for project completion. Failure to provide costs/fees shall deem your Proposal non -responsive. 5.2. Response Format Nine (9) bound copies of your complete response to this RFP must be delivered to: Ms. Priscilla A. Thompson, City Clerk City of Miami Office of the City Clerk First Floor 3500 Pan American Drive Miami, Florida 33133 Responses must be clearly marked on the outside of the package referencing RFP NO. 04-05- 085: CONSULTING SERVICES FOR POLICE LIEUTENANT AND POLICE SERGEANT EXAMINATION PROCESSES. Responses received after that date and time will not be accepted and shall be returned unopened to Proposer. Proposals received at any other location than the aforementioned or after the Proposal submission date and time shall be deemed non -responsive. Proposals should be signed by an official authorized to bind the Proposer to the provisions given in the Proposal. Proposals are to remain valid for at least 180 days. Upon award of a Contract, the contents of the Proposal of the Successful Proposer may be included as part of the Contract, at the City's discretion. 5.3. EVALUATION CRITERIA Proposals first will be rated and evaluated by the Evaluation Committee on the basis of all factors other than Price to provide services as described under the Technical Phase below. Based upon the criteria, Proposers shall be ranked in order according to score (from high to low). Technical Phase: For the Technical Phase, the Evaluation Committee will first evaluate and rate all proposals on the Technical (Quality) criteria listed below. A Proposer may receive the maximum points or a portion thereof depending on the merit of its proposal, as determined by the Evaluation Committee. The evaluation process will include the following criteria: a. Proposer's Qualifications b. Primary Consultant's Experience c. Description of Proposed Testing Processes d. Implementation Strategy 10 points 20 points 15 points 20 points 29 City of Miami, Florida Police Promotional Exam Processes e. Ability to Perform Work within the Contract Time Frame 20 points f. Work Samples 20 points g. Local Preference, if applicable 5 points h. Minority / Women Participation, if applicable 5 points TOTAL: 115 points RFF 04-05-085 Upon the completion of the Technical Phase, including the rating and point score ranking, the Committee may choose to conduct oral presentation(s) with the Proposer(s), which the Evaluation Committee warrants for further consideration. Cost / Fee Phase: After the Evaluation Committee re-evaluates proposals following oral presentations, if applicable, the Committee will then evaluate the Cost/Fee Phase of those Proposers remaining in consideration. The costs/fees proposal submission will be assigned a maximum of 15 points. Cost/Fees charged will be evaluated in the following manner: 1. The responsive Proposal with the lowest all-inclusive lump sum cost (as requested in Section 5.1.1.14 (Fee Proposal) will be given the maximum number of points. 2. Each proposal will be given points proportionately in relation to the lowest total lump sum cost proposed. The cost/fee proposal will be evaluated utilizing the following formula: Lowest Total Cost Proposed 15 Points (maximum Proposer's Cost/Fee Proposal X points for CostlFees) = Points This point total will be calculated by dividing the lowest total cost by the Proposer's costs being evaluated with the result being multiplied by the weight (points) to arrive at a cost equal to or less than the maximum points for fees. The points will be added to the Technical Points to arrive at the overall total points for both the Technical and Cost/Fee Phases. The Evaluation Committee reserves the right to rank more or less than three (3) firms, should it so desire. 30 City of Miami, Florida Sec. 18-105. First -source hiring agreements. Police Promotional Exam Processes VADAlia: In !tint 111 RFP 04-05-085 (a) The commission approves implementation of the first -source hiring agreement policy and requires as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants and loans, for projects of a nature that create new jobs, the successful negotiation of first -source hiring agreements between the organization or individual receiving said contract and the authorized representative unless such an agreement is found infeasible by the city manager and such finding approved by the city commission at a public hearing. (b) For the purpose of this section, the following terms, phrases, words and their derivations shall have the following meanings: Authorized representative means the Private Industry Council of South Florida/South Florida Employment and Training Consortium, or its successor as local recipient of federal and state training and employment funds. Facilities means all publicly financed projects, including but without limitation, unified development projects, municipal public works, and municipal improvements to the extent they are financed through public money services or the use of publicly owned property. Grants and loans means, without limitation, urban development action grants (UDAG), economic development agency construction loans, loans from Miami Capital Development, Incorporated, and all federal and state grants administered by the city. Service contracts means contracts for the procurement of services by the city which include professional services. 31 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 Services includes, without limitation, public works improvements, facilities, professional services, commodities, supplies, materials and equipment. (c) The authorized representative shall negotiate each first -source hiring agreement. (d) The primary beneficiaries of the first -source hiring agreement shall be participants of the city training and employment programs, and other residents of the city. (Ord. No. 10032, §§ 1--4, 9-12-85; Code 1980, § 18- 11) 32 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 6.0. RFP Response Forms - CHECK LIST This checklist is provided to heap you conform with all form/document requirements stipulated in this RFP. Submitted With Proposal 6.1 RFP information Form This form must be completed, signed, and returned with Proposal. YES 6.2 Certificate of Authority, to be completed, signed and returned with Proposal. YES 6.3 Insurance Requirements Acknowledgment of receipt of information on the insurance requirements for this YES RFP. (Must be signed). 6.4 Local Office Affidavit, if applicable YES 6.5 Debarment and Suspension Certificate (must be signed) YES 6.6 Statement of Compliance with Ordinance 10032 YES 6.7 Proof of current M/WBE Certification by City, if applicable YES 6.8 Conflict of Interest, if applicable YES 6.9 Complete Proposal with all required documentation, with Fee Proposal submitted YES in a Separate Sealed Envelope with Proposal 33 City of Miami, Florida 6.1. RFP Information Form Issue Date: May 27, 2005 RFP No.: 04-05-085 Police Promotional Exam Processes RFP 04-05-085 Buyer: Pamela Burns, CPPB Email: pburns(u7ci.miami.tl.us Commodity Codes: 907-75; 918-06; 918-38; 918-58; 918-65; 918-66; 918-83; 918-85; 924-20 TERM CONTRACT CONSULTING SERVICES FOR POLICE LIEUTENANT AND POLICE SERGEANT EXAMINATION PROCESSES RFP NO. 04-05-085 I certify that any and all information contained in this Proposal is true; and 1 further certify that this Proposal is made without prior understanding, agreement, or connections with any corporation, firm or person submitting a Proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I agree to abide by all terms and conditions of the RFP, and certify that I am authorized to sign for the Proposer. Please print the following and sign your name. Firm's Name: Principal Business Address: Mailing Address: Telephone: Fax: E-mail address: Name: Title: Authorized Signature: 34 City of Miami, Florida Police Promotional Exam Processes RFP 04-05-085 STATE OF ) SS: COUNTY OF 6.2 CERTIFICATE OF AUTHORITY (IF CORPORATION) I HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of the State of , held on , 20 the following resolution was duly passed and adopted: "RESOLVED, that, as President of the Corporation, be and is hereby authorized to execute the Proposal dated, , 20 , to the City of Miami and this corporation and that their execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20 - Secretary: (SEAL) FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE. 35