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.c. City of Miami Legislation Resolution City Hail 3500 Pan American Drive Miami, FL 33133 www.cLmiam1.11.us File Number: OS-01492 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 04-05-121, THAT THE MOST QUALIFIED FIRMS TO PROVIDE AND ADMINISTER THE PROMOTIONAL EXAMINATION PROCESSES FOR THE CLASSIFICATIONS OF FIRE LIEUTENANT, FIRE CAPTAIN, AND CHIEF FIRE OFFICER FOR THE DEPARTMENT OF EMPLOYEE RELATIONS IN RANK ORDER ARE; (1) EB JACOBS, LLC, (2) FIELDS CONSULTING GROUP, INC., AND (3) BARRETT AND ASSOCIATES, INC.; AUTHORIZING THE CITY. MANAGER TO EXECUTE.A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH EB JACOBS, LLC., THE TOP -RANKED FIRM, FOR AN INITIAL PERIOD OF TWO YEARS, AT A FIRST TWO-YEAR PERIOD COST NOT TO EXCEED $345,553, WITH AN OPTION TO RENEW FOR TWO ADDITIONAL TWO-YEAR PERIODS; AT A;COST NOT TO EXCEED $362,830.65, FOR THE .FIRST TWO-YEAR PERIOD E TENSION AND AT A COST NOT TO EXCEED 0,972.18, FOR THE SECOND MO -YEAR PERIOD EXTENSION; ALLOCATING: FUNDS FROM THE GENERAL OPERATING BUDGET OF THE DEPARTMENT OF RE -RESCUE, ACCOUNT C PE NO. 001000.28060.1.6.270, FOR THE CUR FISCAL YEAR 2005-2006, ::.1N FUTURE FISCAL YEAR FUNDING SUBJECt ,NLY TO. BUDGETARY OVAL WHEREAS, the. City of Miami ("City") issued Request for;Proposals ("RFP") No. 04-05-121 seeking a:braad,:rarrge of responses from test development provider 10:fumish promotional examinations and :evalwatipnprocesses.for the classifications of Fire Lieutenaflt,.F re Captain and Chief Fite Officer for 'the Departtt3ent of Employee Relations • .. WHEREAS, the: Evafuation Committee evaluated the proposals received and selected in rank order the follpWirtg three firms ..(1) EB Jacobs, LLC, (2) Fields Con; U tIng Group, Inc., and(3)Barrett and Associates;'Inc, as the most qualified to provide the required, professional services; WHEREAS, the City proposes a Professional Services Agreement ("Agreement") with an initial term of two years, at.a first year two-year period cost not to eked $345,553, with the option to renew for two additional two-year periods, at a first two-year period extension cost not to exceed $362,830.65 and a second two-year period extension cost not to exceed .$3:80;972.18; and WHEREAS, funds for payrnent of compensation in an amount of $345,553, are available from the Department of Fire -Rescue General Operating Budget, Accof.itCode No. 001000.280601.6.270, for the current Fiscal Year 20054006, with future Fiscal year funding, subject only to budgetary approval; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA; Clot of Miami Page 1 of 2 Printed Oa: 12129/2005 File Number. 05-01492 Section 1. The recitals and findings' contained In the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The recommendation of the City Manager to approve the findings of the Evaluation Committee pursuant to RFP No. 04-05-121, that the most qualifed firms to provide and administer the promotional examination process for the classifications of Fire Lieutenant, Fire Captain and Chief Fire Officer for the Department of Employee Relations In rank order are: (1) EB Jacobs, LLC, (2) Fields Consulting Group, Inc., and (3) Barrett and Associates, Inc., is accepted. Section 3. The City Manager is authorized(1) to execute an Agreement, in substantially the attached form, to provide and administer the promotional examination process for the classifications of Fire Lieutenant, Fire Captain and Chief Fire Officer for the Department of Employee Relations, with EB Jacobs, Inc., for an initial term of two years, at a first two-year period cost not to exoeed $345,553, with an option to renew for two additional two-yearperiods, at a first two-year period extension cost not to exceed $362,830.65 and at a second two-year period extension cost not to exceed $380,972.18, with funds allocated from the General Operating Budget of the Department of Fire -Rescue, Account Code No. 001000.280601.6.270, for the current Fiscal Year 2005-2006, with future fundings subject only to budgetary approval. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2) APPROVED AS TO FORM AND CORRECTNESS: :JORGE L. FERNAND CITY ATTORNEY Tootnotes:" •{1} The herein authorization is further subject to compliance with ail requirements that may be imposed by the City Attorney, Including but not limited to those prescribed by applicable provisions of the City Charter and Code. {2) If the Mayor does not sign this Resolution, It shall become effective at the end of ten calendar days from the date It was passed and adopted. If the Mayor vetoes this Resolution, it shaft become effective immediately upon override of the veto by the City Commission. City of Miami/ Page 2 of 2 Printed On: J2/29/2005 Titig- of AT'ami CONTRACT AWARD FIRST RENEWAL RFP NO.: 04-05-121(12) DESCRIPTION: CONSULTING SERVICES FOR CHIEF FIRE OFFICER, FIRE CAPTAIN AND FIRE LIEUTENANT EXAMINATION PROCESS CONTRACT PERIOD: FEBRUARY 27, 2006 THROUGH FEBRUARY 26, 2008 RENEWAL TERM: FEBRUARY 27, 2008 THROUGH FEBRUARY 26, 2010 TERM OF CONTRACT: TWO.(2)YEARS `WITH THE. OTR FOR TWO (2) ADDITIONAL TWO-YEAR PERIODS COMMODITY CODE: 907 75 .918 06; 918 38; 918 58;"91:8-65; 918-66; 918-83; 918-85; 924-20 ECTION #1 - VENDOR AWARD EB JACOBS, LLC. 300 SOUTH BORROWES STREET STATE COLLEGE, PA'16801 .,, Contact: Dr. RICKR JACOBS / JANET ECHEMENDIA Phone: (800) 388 8728` Fax: (715) 355-4627 Cell/Pager: N/A Email Address: janet.echemendia a(�ebjacobs.com[ SECTION #2 — AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES C.C. AWARD DATE: JANUARY 12, 2006 AMENDED AMOUNT: N/A RESOLUTION NO: 06-0031 INSURANCE REQUIREMENTS: N/A ANNUAL CONTRACT AMOUNT: SEE BELOW PERFORMANCE BOND: N/A Note: First two-year cost not to exceed $345,553; APPLICABLE ORDINANCES: N/A first two-year period extension not to exceed $362,830.65; and at a -cost not to exceed $380,972:18, for the second two-year period extension: SECTION #3 - REQUESTING DEPARTMENT DEPARTMENT OF EMPLOYEE RELATIONS Contract Administrator: Dr. EYRAN KRAUS Phone: (305) 416-2104 Fax: (305) 416-2115 SECTION #4 - PROCURING AGENCY CITY OF MIAMI, PURCHASING DEPARTMENT Sr. Buyer: MARITZA SUAREZ Phone: 305-416-1907 Fax: 305-416-1925 Prepared By: Max Sagesse, 2/5/2008 A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTAINED HEREIN IS -AVAILABLE IN THE (SUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT: WWW. MIAMIGOV.COM/PROCUREMENT A CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08/03/2011 PRODUCER JOHN WALIZER, AGENT 118 ELMWOOD ST STATE COLLEGE, PA 16801 THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED E B JACOBS LLC 300 S BURROWS ST STATE COLLEGE, PA 16801-9012 INSURER A: State Farm Fire and Casualty Company 25193 INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED, BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MSR LTR ADD'L INSRD TYPE OF INSURANCE _ - POLICY NUMBER - POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MMFDDIYYJ LIMITS GENERAL LIABILITY 98-NM-8653-5 F 02/01/11 02/01/12 EACH OCCURRENCE $ 1, 000, 000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS MADE I OCCUR MED EXP (Any one person) $ PERSONAL BADVINJURY $ GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE UMT APPLIES PER — PRODUCTS-COMP/OP AGG $ POLICY PRO- JECT LOC AUTOMOBILELIABIUTY ANY AUTO 130 4337-E18-38A-001 05/18/201.1 11/18/2011 COMBINED SINGLE UMIT (Ea accident) $ A ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ 500,000 H HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) g 500, 000 PROPERTY DAMAGE (Per accident) S 100, 000 GARAGE LABILITY AUTO ONLY— EA ACCIDENT S ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESS/UMBRELLA LIABILITY . 98-NM-9540-7 F. .02/01/11 02/01/12 EACH OCCURRENCE S 3,000,000 OCCUR CLAIMS MADE AGGREGATE $ 3, 000, 000 $ DEDUCTIBLE $ RETENTION E S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 98-MO-1866-1F 02/01/11 02/01/22 I WC STATU- ORYLIMITS O. ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT.. $ 100, 000 OFFICER/MEMBER EXCLUDED? If describe EL DISEASE - EA EMPLOYEE $ 100, 000 yes, under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 100, 000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS ADDITIONAL INSURED: City of Miami, 944 SW 2nd Avenue, Miami, FL 33130 ERTIFICATE HOLD CANCELLATION CITY OF MIAMI 4 4 4 SW 217D AVENUE MIAMI, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFDRE THE EXPIRATION DATE THEREOF, THE ISSUING INSURERWILLENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION 0R LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. .. AUTHORIZED REPRESENT AGENT ACORD 25 (2001/08) 1 he registration notices indicate ownership of tie marks by th- espe e owne ©ACORD 132849 03-13-2007 All rights reserved Account Number: PA EBJA JO Date: 1/21 5 Initials: KIM CERTIFICATE OF INSURANCE EXECUTIVE RISK INDEMNITY INC. C/O: American Professional Agency, Inc. 95 Broadway, Amityville, NY 11701 This is to certify that the insurance policies specified below have been issued by the company indicated above to the insured named herein and that, subject to their provisions and conditions, such policies afford the coverages indicated insofar as such coverages apply to the occupation or business of the Named insured(s) as stated. THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE(S) AFFORDED BY THE POLICY(IES) LISTED ON THIS CERTIFICATE. Name and Address of Insured: EB JACOBS, LLC 300 S. BURROWES STREET STATE COLLEGE PA 16801 Type of Work Covered: PROFESSIONAL PSYCHOLOGIST Location of Operations: (If different than address listed above) Claim History: N/A Additional Named Insureds: RICK JACOBS, PH.D. JANET ECHEMENDIA, PH.D. JAY SILVA, PH.D. JOSEPH HINISH, M.A. NORMP.N MARCH I ONE , M . A . NICOLE WINDFELDER, M.A. gors cki3/0' Coverages Policy Number Effective Date Expiration Date Limits of Liability PROFESSIONAL/ LIABILITY 008-1741758 2/02/06 2/02/07 1,000,000 5,000,000 NOTICE OF CANCELLATION WILL ONLY BE GIVEN TO THE FIRST NAMED INSURED ON THIS POLICY AND HE OR SHE SHALL ACT ON BEHALF OF ALL INSUREDS WITH RESPECT TO GIVING OR RECEIVING 'NOTICE OF CANCELLATION, Comments: This Certificate Issued to: Name: Addres s : EB JACOBS, LLC 300 S. BURROWES STREET STATE COLLEGE PA 16801 Au • orized Representative Jan 30 OS 11:15a P•E CERTIFICATE OF INSURANCE This certifies that ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bioomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario Q STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida ❑ STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: Name of policyholder BE Jacobs LLC Address of policyholder 300 S Burrows St state College, PA 16801 Location of operations Various Description of operations The policies listed below have been Issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date j Expiration Date LIMITS OF LIABIUTY (at beginning of policy period) 98-NM-8653-5 F Comprehensive 02/01/06 02/01/07 BODILY INJURY AND 98-NM-8653-5 F Business Liability 02/01/06 02/01/07 PROPERTY DAMAGE This insurance includes: ❑ Products - Completed Operations • ® Contractual Liability ❑ Underground Hazard Coverage Each Occurrence $1, 000, 000 ■ Personal Injury 0 Advertising Injury General Aggregate $ 2, 000, 000 0 Explosion Hazard Coverage ❑ Collapse Hazard Coverage Products — Completed $ ® Endorsement FE-6609 ADD' L INSURED CTTY OF Operations Aggregate ❑ MIAMI TERMS AND COMD. OF END. APPLY EXGESS LIABILITY POLICY PERIOD Effective date ; Expiration Date BODILY INJURY AND PROPERTY DAMAGE (Combined Single Limit) 98-NN-9540-7 F ®Umbreile 02/01/06 02/01/07 Each Occurrence $ 3,000,000 ❑ Other Aggregate $ 3, 000, 000 Part 1 STATUTORY Part 2 BODILY INJURY 98-1R-3461-1 F • WORKERS COMP 02/01/06 02/01/07 Each Accident $100,000 Disease Each Employee $100, 000 Disease - Policy Limit $ 500, 000 POLICY PERIOD LIMITS OF UABIUTY POLICY NUMBER TYPE OF INSURANCE Effective Date ; Exoration Date (at beginning of policy period) THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN: If any of the described policies are canceled before its expiration date, Stale Farm will try to mall a written notice to the certificate holder 30 days before cancellation. If however, we fail to mail such notice, Farm or its es. no obligation or 1i.,• lily will be imposed on State Name and Address of. Certificate Holder CITY OF MIAMI 444 SW 2j1D AVE MIAMI, FL 33130 558-994 a.3 e4-1999 Printed in U.SA. Sig A prized Repre 7ifle Agent's Code Stamp AFO Code F390 01/30/06 Date PROFESSIONAL SERVICES AGREEMENT 4/7/3 This Agreement is entered into this 27 day of Fehruary , 2006 , by and between the City of Miami, a municipal corporation of the State of Florida ("City") and EB Jacobs, LLC ("Provider"), a Pennsylvania(State) Corporation. RECITALS: A. The City had issued a Request for Proposals ("RFP") for the provision of Miami Fire -Rescue Department test services for Fire Lieutenant, Fire Captain and Chief Fire Officer, ("Services") and Provider's proposal ("Proposal"), in response thereto, has been selected as the most qualified proposal for the provision of the Services. The RFP and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents, and are by this reference incorporated into and made a part of this Agreement. B. The Commission of the City of Miami, by Resolution No. 05- 01492 , adopted on January 12 , 200 6 , approved the selection of Provider and authorized the City Manager to execute a contract, under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Provider and the City agree as follows: TERMS: 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM: The term of this Agreement shall be for an initial term of two (2) years commencing on the date hereof. 3. OPTION TO EXTEND: The City shall have the option to extend the term hereof for a period of two (2) additional two (2) year periods. City Commission approval shall not be required as long as the total extended term does not exceed four (4) years. 4. SCOPE OF SERVICE: A. Provider agrees to provide the Services as specifically, described, and under the special terms and conditions set forth in Attachment "A" hereto, which by this reference is incorporated into and made a part of this Agreement. B. Provider represents and warrants to the City that: (i) it possesses all qualifications, licenses and expertise required under the Solicitation Documents for the performance of the Services; (ii) it is not delinquent in the payment of any sums due the City, including payment of permit fees, occupational licenses, etc., nor in the performance of any obligations to the City, (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; and (iv) the Services will be performed in the manner described in Attachment "A". 5. COMPENSATION: A. The amount of compensation payable by the City to Provider shall be based on the rates and schedules described in Attachment `B" hereto, which by this reference is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation exceed Three -hundred forty-five thousand five -hundred and fifty-three dollars ($345,553.00) for the initial two-year period of the Agreement, and, if the term is extended, three -hundred sixty-two thousand eight -hundred and thirty dollars and sixty-five cents ($362,830.65) for the first two-year extended term, and three -hundred eighty thousand nine -hundred and seventy-two dollars and eighteen cents ($380,972.18) for the second two-year extended term. 2 B. Unless otherwise specifically provided in Attachment "B", payment shall be made within forty-five (45) days after receipt of Provider's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should City require one to be performed. If Provider is entitled to reimbursement of travel expenses (i.e., Attachment `B" includes an estimate of travel expenses as an item of compensation), then Provider is entitled to full reimbursement of all reasonable travel costs and supporting documentation must be attached and contain sufficient detail for reimbursement in accordance with Attachment B; if supporting documentation is not provided, then all bills for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. b. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any information, document, report or any other material whatsoever which is given by the City to Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms of this Agreement is and shall at all times remain the property of the City. Provider agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of City, which may be withheld or conditioned by the City in its sole discretion. 7. AUDIT AND INSPECTION RIGHTS: A. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Provider under this Agreement, audit, or cause to be audited, those books and records of Provider which are related to Provider's performance under this Agreement. Provider agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement. B. The City may, at reasonable times during the term hereof, inspect Provider's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the 3 goods or services required to be provided by Provider under this Agreement conform to the terms hereof and/or the terms of the Solicitation Documents; if applicable. Provider shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of Section 18-100 of the Code of the City of Miami, Florida, as same may be amended or supplemented, from time to time. 8. AWARD OF AGREEMENT: Provider represents and warrants to the City that it has not employed or retained any person or company 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 any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 9. PUBLIC RECORDS: Provider understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Provider's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. 10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Provider understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Provider agree to comply with and observe all applicable laws, codes and ordinances as they may be amended from time to time. 4 11. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this Agreement which is directly or indirectly caused, in whole or in part, by any act, omission, default, professional errors or omissions, or negligence (whether active or passive) of Provider or its employees, agents or subcontractors (collectively referred to as "Provider"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default or negligence (whether active or passive) of the Indemnitees, or any of them or (ii) the failure of the Provider to comply with any of the paragraphs herein or (iii) the failure of the Provider to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. Provider expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Provider, or any of its subcontractors, as provided above, for which the Provider's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. 12. DEFAULT: If Provider fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the occurrence of a default hereunder, the City, in addition to all remedies available to it by law, may immediately, upon written notice to Provider, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to Provider while Provider was in default shall 5 be immediately returned to the City. Provider understands and agreesthat termination of this Agreement under this section shall not release Provider from any obligation accruing prior to the effective date of termination. Should Provider be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Provider shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re - procurement of the Services, including consequential and incidental damages. 13. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that all disputes between Provider and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Provider being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds .$25,000, the City Manager's decision shall be approved or disapproved by the City Commission. Provider shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds $25,000, or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation (90 days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. 6 14. CITY'S TERMINATION RIGHTS: A. The City shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to Provider at least thirty (30) business days prior to the effective date of such termination. In such event, the City shall pay to Provider compensation for services rendered and expenses incurred prior to the effective date of termination. In no event shall the City be liable to Provider for any additional compensation, other than that provided herein, or for any consequential or incidental damages. B. The City shall have the right to terminate this Agreement, without notice to Provider, upon the occurrence of an event of default hereunder. In such event; the City shall not be obligated to pay any amounts to Provider and Provider shall reimburse to the City all amounts received while Provider was in default under this Agreement. 15. INSURANCE: Provider shall, at all times during the term hereof, maintain such insurance coverage as may be required by the City. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage shall be furnished to the City on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of the services under this contract without thirty (30) calendar days prior written notice to the City. Completed Certificates of Insurance shall be filed with the City prior to the performance of services hereunder, provided, however, that Provider shall at any time upon request file duplicate copies of the policies of such insurance with the City. If, in the judgment of the City, prevailing conditions warrant the provision by Provider of additional liability insurance coverage or coverage which is different in kind, the City reserves the right to require the provision by Provider of an amount of coverage different from the amounts or 7 kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on. which the requirements shall take effect.. Should the Provider fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following the City's written notice, this Contract shall be considered terminated on the date that the required change in policy coverage would otherwise take effect. 16. NONDISCRIMINATION: Provider represents and warrants to the City that Provider does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Provider's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Provider further covenants that no otherwise qualified individual shall, solely by reason of his/her race; color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 17. MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT PROGRAM: The City has established a Minority and Women Business Affairs and Procurement Program (the "M/WBE Program") designed to increase the volume of City procurement and contracts with Blacks, Hispanic and Women -owned business. The M/WBE Program is found in Ordinance No. 10062. Provider understands and agrees that the City shall have the right to terminate and cancel this Agreement, without notice or penalty to the City, and to eliminate Provider from consideration and participation in future City contracts if Provider, in the preparation and/or submission of the Proposal, submitted false of misleading information as to its status as Black, Hispanic and/or Women owned business and/or the quality and/or type of minority or women owned business participation. 18. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in part, without the- prior written consent of the City's, which' may -be withheld or conditioned, in the City's sole discretion. 19. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO PROVIDER: TO THE CITY: Rick R. Jacobs, Ph. D. Principal EB Jacobs, LLC 300 South Burrowes Street State College, PA 16801 Joe Arriola City Manager City of Miami 3500 Pan American Drive Miami, FL 33133 WITH COPY TO: Jorge L. Fernandez City Attorney City of Miami 444 SW 2nd Avenue, 9th Floor Miami, Florida 33130 Rosalie Mark Director City of Miami Department of Employee Relations P. O. Box 330708 Miami, Florida 33233-0708 20. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. 9 B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. 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. D. Should any provision, paragraph, sentence, word or phrase 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 provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, 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 or limitation of its use. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. 21. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 22. INDEPENDENT CONTRACTOR: Provider has been procured and is being engaged to provide services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, Provider shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Provider further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Provider, and agrees 10 to provide workers' compensation insurance for any employee or agent of Provider rendering services to the City under this Agreement. 23. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 24. REAFFIRMATION OF REPRESENTATIONS: Provider hereby reaffirms all of the representations contained in the Solicitation Documents. 25. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 26. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. 11 Title: Corporate Secretary IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. "City" CITY OF MIAMI, a municipal ATTEST: torpor on Priscilla A. Thompson, City Clerk ATTEST: By: Joe • iola, City Manager "Provider" awacobs LLC. , a L LL corporation i L%�� By Print Name: ant.* ea-wr ra Print N. azn • :.Tkc Title: PreSiCt LO APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Dania F. Carrillo, Risk Management Administrator Risk Management Administration 12 ATTACHMENT "A" 2.2 TEST DEVELOPMENT REQUIREMENTS (From RFP 04-05-121) The Consultant shall: 1 Abide by timetables provided by the City outlined herein over the life of the contract and for each classification, with the understanding that timetables are estimates only and subject to change. The City shall provide reasonable written notice of any changes to specified timetable. 2. Conduct an initial and legally defensible iob-analysis according to current professional and legal standards within 60 calendar days after the execution of the Agreement for each the classification of Chief Fire Officer, within 90 days after the execution of the Agreement for the classification of Fire Captain and within 120 days after the execution of the Agreement for the classification of Fire Lieutenant. 3. Develop a written examination that is appropriate to directly measure the knowledge, skills, abilities, and other characteristics (KSAOs) identified in the job analysis(es) as necessary to perform the job functions within 180 calendar days of the completion of the job analysis(es) for each of the classifications of Chief Fire Officer and Fire Captain. 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 job analysis(es) within 180 calendar days of the completion of the job analysis(es) necessary to perform the job functions for the classifications of Chief Fire Officer and Fire Captain. Consultant will have input from subject matter experts (SIv1E) from the Department of Fire -Rescue including final review of exercises. The Department of Employee Relations (DER) will -also have input into -tire development of -examination- measures and must approve exercises after Fire -Rescue 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. 4. Develop no less than three (3) written examinations for each examination that are appropriate to directly measure the knowledge, skills, abilities, and other characteristics (KSAOs) that are identified in the job analysis within 180 calendar days of the completion of the job analysis necessary to perform the job functions for the classification of Fire Lieutenant. The written examinations shall assess the job knowledge of candidates and will be based on the sources identified by the book committee comprised of an equal number representatives from Fire - Rescue Management and the Bargaining Unit. Consultant will have input from subject matter experts (SME) from the Department of Fire -Rescue 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 Fire -Rescue 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 13 responses which are recorded by the candidate on paper in multiple-choice and/or matching and/or scenario format(s) with at least four (4) reasonable alternative answers. Exam questions from closed -book reading list -sources are to be verbatim with source name and page number listed. 5. Develop a parallel form for each exam exercise for each exam for each classification for each day of testing that exceeds a one (1) day administration period for the classifications of Chief Fire Officer and Fire Captain. In addition, develop one (1) extra exam form for each and every exercise beyond the number of days of testing that will not be used during the test administration process. Develop a parallel form for each written exam for each day of testing that exceeds a one (1) day administration period for the classifications of Fire Lieutenant. In addition and for the classification Fire Lieutenant, develop one (1) extra exam form for each and every administered written examination beyond the number of days of testing. Extra exam form for each and every administered written examination for the classification of Fire Lieutenant shall include the same number, and type, of questions each of which must be unique (or different) from the first examination. Provide written rationale to the Department of Employee Relations, Testing and Validation Section for each recommendation as to the number of additional job knowledge questions generated for each written exam and exam exercise also to be included in the Final Report. 6. Work with the Department of Fire -Rescue 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 i f -the job content: Paral}el exec rises must also be developed by the Primary Consultant's firm or agency from the booklist. 7. Identify percentage of job domain measured by each customized examination process and for each classification (e.g., simulation, role-play) within 15 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 21calendar 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 at least one additional member from the Primary Consultant's firm or agency shall be present for all days and exercises of the on -site test administration for each exercise, for each examination process and for each classification. Both the Primary Consultant and the one additional member from the Primary Consultant's firm or agency shall have a minimum of a Masters 14 degree in Industrial and Organizational Psychology or closely related field. The number of staff from the Consultant's firm or agency shall be appropriate in a number commensurate with the logistical needs of each situation. The Project Manager will be in possession of all materials needed during the duration of the test administration of each exercise for each examination 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. The number of City staff approved by the Department of Employee Relations may be used as proctors for the examination process will vary with a minimum of four (4) City staff members available for each exercise, for each examination process and for each classification. 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 in data -entry, scoring calculations, and scoring results shall be resolved quickly in a fair and unbiased manner by the Primary Consultant who shall have a minimum of a Masters degree in Industrial and Organizational Psychology or -closely ieiated field. 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 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 foreachclassificationand will summarize the questions and issues raised at the on -site orientation with acceptable responses to each question. 15 14. Consultant shall contact, screen, select, secure, obtain, train and ensure the presence of individuals from the Fire -Rescue 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 Department of Fire -Rescue, (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 ethnic/racial and gender background making up the assessor panel must be approved by the Department of Employee Relations for each classification process a minimum of thirty (30) 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 for the Subordinate Counseling or Subordinate Conference exercise. Assessors may serve as a role player for other exercises (e.g., Citizen Meeting). 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 one additional assessor and/or role player and/or rater for each examination and for each 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 barring any unforeseen circumstances where an assessor/role platey/rater becomes ill, or for other reasons cannot participate in the entire rating process. The cost of one alternate assessor for each unique exercise and a sufficient number of role players shall be included in the pricing, should the Proposer's submission require the use of assessors and/or role players. 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) for each exam and for the classifications of Chief Fire Officer and Fire Captain. This feedback must be specific to the 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. 16 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, converted 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 with consultation with the Department of Employee Relations. In addition, the Primary Consultant shall provide recommendations in the final report for each exam for each classification 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 after for each exam for each classification. 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 Primary 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 expenss, a rental car allowance, hotel accommodations, and a meal allowance for appearance(s) 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 the Solicitation Documents. Failure to possess the necessary materials and equipment in order to satisfactorily perform the services may result in the default/termination of contract and/or postponement of test. Consequently, the 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 # 18 and Item # 19 regarding fee charges beyond the three days of service for expert testimony and/or 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 are to have a minimum of a Masters degree in Industrial and Organizational Psychology or closely related field. Work of a clerical nature or involving data - entry shall not require associates with a minimum of a Masters degree in Industrial and Organizational Psychology or closely related field. Scoring calculations and results shall be ensured by the Primary Consultant who shall 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", and/or American Educational Research Association/American Psychological Association/National Council on Measurement in Education "Standards for Educational andPsychologica1Testing". 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. 18 ATTACHMENT "B" A. Fees for Lieutenant Assessment: 1. Job Analysis $10,000 Includes SME meetings, necessary travel, assembling survey, analyzing survey data, and writing exam plan. 2. Open and Closed -Book Technical Knowledge Test Development and Administration $13,300 Includes test development (two 100-item tests), SME meeting to review materials, necessary travel, camera ready copy of test materials, monitor training and one stafffor one day of administration, and appeal process for one version. Assumes that all written tests are administered on the same day. 3. Situational Judgment Test Development and Administration $12,5001 Includes test development (two 30-items tests), SME meeting to review materials, necessary travel, camera ready copy of test materials, monitor training and one stafffor one day of administration, and appeal process for one version. Assumes that all written tests are administered on the same day. 4. Candidate Preparation Manual and Tutorial Sessions $8,400 Includes camera ready copy ofpreparation guide with sample exercises, on -site tutorial sessions (over 3 consecutive days to accommodate candidate work schedules), and camera-ready copy of "Questions and Answers " packet. 5. Test Scoring and Appeals $6,500 Includes scoring of all test components land. incorporationofresultsfrom-the appeal process. 6. Final Report $7 500 Includes camera-ready copy of project report for job analysis and testing. Fixed Price Consulting Fees $58 200 M,:.. nt 'otal . ' Assumes Lieutenant SME meeting for Situational Judgment Test materials occurs at the same time as the review of the open and closed -book Technical Knowledge Test materials review. 19 B. Fees for Captain Assessment: •'V'kt.Yh�0('l�'R'�.1y� ji'?EC':h .�.'W iFtN$'', �i`,�1,•i.Phr� :. p^J i,:+{.a't,,'!3K'1 'ai L`r'.6i�i J '4Y3G'y li `�MS,S �y}�#. eltl• J hL'7 .' 1� Trt" f�.q °' }j-1 fi'jtS f ] 3�3'IX t':� l �yZ.1 f, i,J• In I F.S' { �, y.Ah" ...s') -'f1 'i .'. # k� i.{ id.:.. sr . e . o.. 'i t L. Jz 1. tA t`" ,�`Y. .v�l l ti L" Y9'`n ...,:'S^ ✓`L F"'L "pit �.xF _ >5 '_,jf c'si .y r� f 3- F- NI`:ii��.. .4 l4 �F i!'�;t W.. Y ++. yc_t.?. 1. Job Analysis $10,000 Includes SME meetings, necessary travel, assembling survey, analyzing survey data, and writing exam plan. 2. Situational Judgment Test Development and Administration $20,700 Includes test development (two 50-item tests), SME meeting to review materials, necessary travel, camera ready copy of test materials, monitor training, one staff for one day of administration, and appeal process for one version. 3. Oral Board Development and Administration $34,7002 . Includes development of three oral board exercises. (Subordinate Conference, Incident Command, and Group Meeting [with training focus]), assessor/role- player acquisition and training, assessor/role-player training materials, monitor administration, up to 7 days of 2 staff persons of on -site administration and assessment materials. Includes cost of one role-player for one exercise. Includes one extra version of each exercise beyond the seven versions for the seven days of assessment. 4. Candidate Preparation Manual and Tutorial Sessions $8,400 Includes camera ready copy ofpreparation guide with sample exercises, on -site tutorial sessions (over 3 consecutive days to accommodate candidate work schedules), and camera-ready copy of "Questions and Answers" packet. _ 5. Test Scoring, Appeals, and Candidate Feedback Reports $6,500 Includes scoring of all test components, incorporation of results from the Situational Judgment Test appeal process, written feedback reports, and perfor-manc-e-improvernentplans . 6. Final Report $7,500 Includes camera-ready copy of project report for job analysis and testing. Fixed Price Consulting Fees $87,800 Assessor Travel Fees Includes cost or one extra assessor for the Oral Boards. $30,3603 Captat n"cal . .;.:.:. `:.8,1>6a 2 Assumes Captain SME meeting for Oral board materials occurs at the same time as the review of the Situational Judgment Test materials. 3 Travel will be billed on a direct reimbursement basis (plus 10% administrative fee) and we expect these to be high -end estimates assuming schedules can be confirmed with the City in time to purchase advance fare tickets. 20 C. Fees for Chief Fire Officer Assessment: .., .. ^I` ('tip 'hp i .-$ �tr ., '�("` � iy 4, -h v^ ` y �f.x. f �"�' ,,g'� Alen' 1. Job Analysis �3 { �' yid ''Nk�' 1?� N•}.: �. $10,000 Includes SME meetings, necessary travel, assembling survey, analyzing survey data, and writing examplan. 2. Written In -Basket Exercise Development and Administration $15,100 Includes test development (two versions), SME meeting to review materials, assessor training, necessary travel, .camera ready copy of test materials, monitor training and one staff for one day of administration. 3. Oral Board Development and Administration $26,2004 Includes development of three oral board exercises (In -Basket Interview, Incident Command, and Group Meeting jwith community focusJ), assessor acquisition and training, assessor training materials, monitor administration, up to 3 days of 2 staff persons of on -site administration and assessment materials. Includes one extra version of each exercise beyond the three versions for the three days of assessment. 4. Candidate Preparation Manual and Tutorial Sessions $8,400 Includes camera ready.copy ofpreparation guide with sample exercises, on -site tutorial sessions (over 3 consecutive days to accommodate candidate work schedules), and camera-ready copy of "Questions and Answers" packet. 5. Test Scoring and Candidate Feedback Reports $6,500 Includes scoring of all test components, written feedback reports, and performance improvement plans. 6. Final Report $7,500 Includes -camera-ready y copy veproject reportt for job analysis and testing Fixed Price Consulting Fees $73, 700 Assessor Travel Fees Includes cost for one extra assessor for the Oral Boards. $24,3935 Chr .Firs Officer 'otai . 1�93 a Assumes Chief Fire Officer SME meeting for Oral board materials occurs at the same time as the review of the Written In -Basket exercise materials- 5 Travel will be billed on a direct reimbursement basis (plus 10% administrative fee) and we expect these to be high -end estimates assuming schedules can be confirmed with the City in time to purchase advance fare tickets. 21 D. Costs for One Additional Administration of the Lieutenant Exam: ' . ll:'t• eke f i- '�' t* fi ! '�. j 3 £ 1 fi7' hi S . ''t Them 4.+,. FF. wS SY t k Y.` -x 7 . .. .r-Ate ...,. 4 Y�3 ✓ .. ._ }fi .? r �.. . ":Y , ' 4-C �i � a TM' �..�%1t $2,000 . 1. Open and Closed -Book Technical Knowledge Administration Includes necessary travel, camera ready copy of test materials, monitor training and one stafffor one day of administration, and appeal process for one version. Assumes that all written tests are administered on the same day 2. Situational Judgment Test Administration $1,000 Includes necessary travel, camera ready copy of test materials, monitor training and one staff for one day of administration. Assumes that all written tests are administered on the same day. 3. Candidate Preparation Manual SO camera ready copy of'preparation guide with sample exercises. _Includes 4. Test Scoring and Appeals $3,200 Includes scoring of all test components and incorporation of results from appeal process. Li r fenar i a at ter one dd O*, Exam d ti,1.47 aattan ,20 E. Costs for One Additional Administration of the Captain Exam: hens = 1. Situational Judgment Test Administration - C'ssst • $2,500 Includes necessary travel, camera ready copy of test materials, monitor training Ass that all -exam components and ane staff for one -day -of adininistrat-ion. -times are administered consecutively on multiple days in the same trip. 2. Oral Board Administration $7,500 Includes necessarytravel, assessor/role-player acquisition and training, monitor administration, up to 2 days of 2 staff persons of on -site administration. Includes cost of one role-player for one exercise. Assumes that all exam components are administered consecutively on multiple days in the same trip. 3. Candidate Preparation Manual $0 Includes camera ready copy of preparation guide with sample exercises. 4. Test Scoring, Appeals, and Candidate Feedback Reports $5,000 Includes scoring of all test components, incorporation of results from the Situational Judgment Test appeal process, written feedback reports and performance improvement plans. Assessor Travel Fees Includes cost for one extra assessor for the Oral Boards. $16,600 ,a u n:T,�trr�fn rlrx X tr. u . � r Ar ius r li r t .. ' 1# ?q .:. l. . :`. 22 F. Costs for One Additional Administration of the Chief Fire Officer Exam: si ti �,:,...;4:,,, y�. ein3 b„a,`.};n F3 :..'{M-.. Nzi * l'.g~i. �F .•. $2,500 1. Written In -Basket Administration Includes necessary travel, camera ready copy of test materials, monitor training and one stafffor one day of administration. Assumes that all exam components are administered consecutively on multiple days in the same trip. 2. Oral Board Administration $7,500 Includes necessary travel, assessor/role-player acquisition and training, monitor administration, up to 2 days of 2 staff persons of on -site administration. Includes cost of one role-player for one exercise. Assumes that all exam components are administered consecutively on multiple days in the same trip. 3. Candidate Preparation Manual $0 Includes camera ready copy of preparation guide with sample exercises. 4. Test Scoring and Candidate Feedback Reports $3,800 Includes scoring of all test components, incorporation of results from the Situational Judgment Test appeal process, written feedback reports and performance improvement plans. Assessor Travel Fees Includes cost or one extra assessor for the Oral Boards. $19,500 :;:::::...:,:::: .:. .... :::: t, rr�eToaifi3rx 1ilr�ttlsISIrfia3.,10;.<.:.. G. Overall Pricing: Lieutenant Total Captain Total Chief Fire Officer Total $ 118,160 $ 98,093 Costs for One Additional Administration of the Lieutenant Exam Costs for One Additional Administration of the Captain Exam Costs for One Additional Administration of the Chief Fire Officer Exam $ 6,200 $ 31,600 $ 33,300 , *These costs include: consultant travel, accommodations and per diem; communications (voice, fax, and e-mail) and economy courier services; reproduction of all test materials and printing costs of surveys (excluding candidates preparation booklet, book list, and "Questions and Answer" packet); clerical support; administrative supplies; general overhead; and three days (8 hour days) of litigation services. These costs also assume 3-week advance purchase airfares; government hotel rates (based on letter provided by the client); and a $55 per Diem for assessors. Costs exclude test facility -related costs (acquisition, booking, rental, furniture, and equipment). 23 F. Discounts 1. A cash discount of 1 % on consulting fees (excluding consultant travel costs, direct assessor costs, and assessor administrative fees) will be provided for payment received within 30 days of invoice letter postmark. G. Project Rates The following rates have been used as the basis of the Cost Proposal: Principal $400/hour Project Directors and Managers $300/hour Project Staff $250/hour Administrative Staff $100/hour These rates are subject to a 5% cost of business increase for each two (2) year period and pertain to project -related work only. Assessor costs for future administrations beyond the first two (2) year period will reflect actual travel and lodging costs for assessors. H. Payment Schedule Payment will be made to EB Jacobs, LLC upon a benchmark system of project completion. Payments will be made once invoices for services have been received as follows for each examination process: I . After the development, administration and data analysis for each Job Analysis. 2. After the development of each written or oral board exercise. 3. After receipt of the candidate preparation manual. 4. After- the -administration.-of the T-utorial Sessions and receipt of Questions _and ..Answer -- packet. 5. After completion of theadministration of each written and oral board exercise. 6. After completion of the scoring of each written and oral board exercise. 7. After feedback reports are generated. 8. After receipt of the final report. 24 CORPORATE RESOLUTION WHEREAS, EB Jacobs, LLC. ("Provider") wishes to enter into a Professional Services Agreement ("Agreement") with the City of Miami ("City"); WHEREAS, the Board of Directors, at a duly held meeting of the Provider has considered the matter in accordance with the By -Laws of the Corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that this corporation is authorized to enter into the Agreement with the City, and the President and the Secretary are hereby authorized and directed to execute the Agreement in the name of this Corporation and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, thisi&afr day o EB Jacobs, LLC A Pit 2006. (State) Corporation By. (sign) Print Name: 0440/PS TITLE: ?real" T Ci'er ' //, , (sign) Print Name: 7-Ctnet. eGh igt_ Corporate Secretary .71/473 City of Miami 444 SW 2nd Avenue Miami, FL 33130 While conducting business in the City of Miami for work performed in the police and fire contracts for the years of 2006 and 2007, employees of EB Jacobs will travel only via airplane, taxi, and rented automobile to travel to and from the City of Miami and within the City of Miami. Liability insurance will be purchased by EB Jacobs for rental automobiles and automobile liability coverage will be provided per the rental agreement with the automobile rental agency. Authorized Signature: 1-1ft Rick R. Jacobs, Presi ti 300 South Rurrowes Street -- State College — PA — 16801 — (814) 237-5997 AGREEMENT NUMBER NAME DESCRIPTION AGREEMENT DATE START DATE EXPIRY DATE ATTESTED BY ATTESTED DATE RECEIVED DATE AGREEMENT INFORMATION 14743 EB JACOBS, LLC PROFESSIONAL SERVICES AGREEMENT FOR THE PROVISION OF MIAMI FIRE -RESCUE DEPARTMENT TEST SERVICES FOR FIRE LIEUTENANT, FIRE CAPTAIN AND CHIEF FIRE OFFICER TO SELECT THE MOST QUALIFIED PROPOSAL FOR THE PROVISION OF THE SERVICES / R-05-01492 2/27/2006 2/27/2006 2/27/2008 Anna Medina 4/4/2006