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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement is entered into this
day of
200 (but effective as of ) by and between the City of Miami, a
municipal corporation of the State of Florida ("City") and EB Jacobs, LLC, a foreign limited
liability company of the State of Pennsylvania ("Provider").
RECITAL
A. The City has issued a Request for Proposals No. 316283 ("RFP") for the provision
of Fire -Rescue Department test services for Chief Fire Officer, Captain and Lieutenant
("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.
adopted on , 200_, 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.
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2. TERM: The term of this Agreement shall be for four (4). years with an option for
two (2) additional two (2) year periods commencing on the effective date which shall be when
this Agreement is fully executed.
3. OPTION TO EXTEND: The City shall have two (2) option(s) to extend the term
hereof for a period of two (2) years each, subject to availability and appropriation of funds. City
Commission approval shall not be required as long as the total extended term does not exceed
eight (8) years and additionally as long as the amount of compensation does not exceed
$1,750,000.00.
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; (i.i) 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
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into this Agreement; provided, however, that in noevent shall the amountofcompensation
throughout the contract term and renewal options cumulatively exceed $1,750,000.00.
B. Unless otherwise specifically provided in Attachment `B", payment shall be made
within forty five (45) days after receipt of Provider's proper invoice, as that term is defined by
the Local Government Prompt Payment Act, Section 218.70, et. seq., Florida Statutes, 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 travel expenses as a
specific item of compensation), then all bills for travel expenses shall be submitted in accordance
with Section 112.061, Florida Statutes.
6. 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
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Agreement. All audits shall be subject to and made inaccordance with the provisions.of Section
18-102 of the Code of the City of Miami, Florida, as same may be amended or supplemented
from time to time.
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 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 and 18-101 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.
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10. COMPLIANCE WITH FEDERAL, STATE. AND. LOCAL LAWS: .Provider
understands that agreements between private entities and local governments are subject to certain
laws, codes, rules and regulations, including, without limitation, 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.
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") 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 this Agreement 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 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 lndemnitees, 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
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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
be immediately returned to the City. Provider understands and agrees that 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
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,
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accompanied by all supporting documentation.(90 days if City Manager's decision issubject 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.
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 five (5) 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. Provider shall have recourse against the City for a
termination under this Section except to be paid any compensation for services incurred and due
prior to the date of termination.
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
insurance coverage and limits of insurance in accordance with Insurance Exhibit C. . 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
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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 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. 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.
18. 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
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address as a party may designate by notice given as herein provided. Notice shall bedeemed
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
19. MISCELLANEOUS PROVISIONS:
A.
Johnny Martinez, P.E.
City Manager
3500 Pan American Drive
Miami, Florida 33133
Julie O. Bru
City Attorney
444 SW 2nd Avenue, 9th Floor
Miami, Florida 33130
Beverly Pruitt
Human Resources Director
City of Miami
444 SW 2nd Avenue, 7th Floor
Miami, Florida 33130
This Agreement shall be construed and enforced according to the laws of the State
of Florida. Venue in all proceedings shall be in Miami -Dade County, Florida and the parties
agree to the use of this venue. In any civil action or other proceedings between the parties arising
out of the Agreement, each party shall bear its own attorney's fees.
B.
Agreement.
C.
Title and paragraph headings are for convenient reference and are not a part of this
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 sunless made in writing.
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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.
20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
21. 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 to provide workers' compensation insurance for any employee or agent of Provider
rendering services to the City under this Agreement.
22. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for program activities and the Agreement is
subject to amendment or termination due to lack of allocated and available funds, reduction or
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discontinuance of funds or change in laws, codes, rules, policies or regulations, upon thirty (30)
days notice.
23. REAFFIRMATION OF REPRESENTATIONS: Provider hereby reaffirms all of the
representations contained in the Solicitation Documents.
24. 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.
25. 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.
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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
AT 'EST: corporation
By:
Priscilla A. Thompson, City Clerk Johnny Martinez, P.E., City Manager
"Provider"
ATTEST: EB Jacobs, LLC,
a foreign limited liability company
By:
Print Name: Print Name: Rick Jacobs
Title: Company Secretary Title: Manager/Principal
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Julie O. Bru
City Attorney
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Calvin Ellis, Director
Risk Management
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ATTACHMENT "A"
PROJECT REQUIREMENTS (From RFP 316283)
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Request for Proposals (RFP) 316283,2
3. Specifications
3.1. SPECIFICATIONS/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 Chief Fire Officer, Fire Captain and Fire Lieutenant, on behalf of the Department of Human
Resources.
During the initial four (4) year term of the contract, it is anticipated the Successful Proposer shall provide (i.e.,
develop, administer, score and report on) three (3) to four (4) examinations for the classification of Chief Fire
Officer, three (3) to four (4) examinations for the classification of Fire Captain, and three (3) to four (4)
examinations for the classification of Fire Lieutenant. For each optional two (2) year term of the contract if
extended by the City, it is anticipated the Successful Proposer shall provide one (1) examination for the
classification of Chief Fire Officer, one (1) examination for the classification of Fire Captain, and one (1)
examination for the classification of Fire Lieutenant. 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, International Association of Fire Fighters, AFL-CIO, Local
587 (IAFF) Union contract with the City. The following are approximations for Chief Fire Officer and Fire
Lieutenant of the number of candidates expected to sit and participate, for each examination process and during each
of the anticipated four (4) year contract period(s): 40 for Chief Fire Officer and 120 for Fire Lieutenant. However,
be advised these numbers may be for more or less, depending upon need.
The number of anticipated candidates for Fire Captain is estimated at 110. The actual number of candidates expected
to sit and participate in any given examination process may vary such that a hurdle process may be required for
some test cycles and not for other test cycles.
3.1 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 Department of Fire -Rescue and the Department of Human
Resources.
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 Fire -Rescue promotional
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Request for Proposals (RFP) 316283,2
systems.
3.2 PROJECT 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 International
Association of Fire Fighters, AFL-CIO, Local 587 (IAFF) 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 an analysis to determine whether a job -analysis is required for the first testing cycle and, if needed,
conduct initial and legally defensible job -analysis according to current professional and legal standards within 90
calendar days after the execution of the Agreement for each of the classifications of Chief Fire Officer, Fire Captain
and Fire Lieutenant.
3. Develop an 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 130
calendar days of the completion of the job analysis(es) for each of the classifications of Chief Fire Officer, Fire
Captain and Fire Lieutenant.
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 job analysis(es) within 130 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 (SME) from the Department of Fire -Rescue including final review of exercises. The Department of
Human Resources (DHR) 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 DHR 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 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 130 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. The Department of Human Resources (DHR) 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 DHR 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 in multiple-choice and/or
matching and/or scenario format(s) with at least four (4) reasonable alternative answers.
6. 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. 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. For the
classification Fire Lieutenant, develop one (1) parallel exam for each and every administered written examination
with the same number, and type, of questions each of which must be unique (or different) from the first
examination.
7. Work with the Department of Fire -Rescue and Department of Human Resources to develop one (1) book list
for each examination and for each classification based upon a current Job Analysis, if not already developed. The
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Request for Proposals (RFP) 316283,2
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. Provide written rationale to the Department of Human
Resources, Testing and Validation Section for each recommendation as to the number of job knowledge questions
generated for each written exam and written rationale for the number of questions per book list source generated for
each written exam.
8. 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,
9. Prepare and submit for approval to the Department of Human Resources all candidate instructions for all
appropriate exercises for all appropriate classifications in electronic format at least 21 calendar days prior to the first
examination date.
10. 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 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 Primary
Consultant 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 Human Resources may be used as proctors for the examination process. The
number of City staff approved by the Department of Human Resources 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.
11. Successfully implement a hurdle examination process for Fire Captain in the event that the number of candidates
expected to sit and participate in any given examination within the contracted time frame necessitates a hurdle
process.
12. Primary Consultant's firm or agency, under the direct supervision of the Primary Consultant, shall support the
appeal process in place for all written examinations by conducting a thorough review of all appeals submitted during
the appeal process and by providing a written report to the Supervisor of the Testing Division of the DHR in a
confidential mannerwithin 30 calendar days after the last day of the written appeal process. The written
"Recommendations Report" shall include, but not limited to, the following for all appealed questions: the original
item, source(s), keyed answer, a summary of candidate arguments, Psychometric results (proportion selected, overall
point-biserial correlations, point-biserial correlations for low and high test performers and overall), conclusion and
recommendation (e.g., keep as originally keyed, double -key, delete.)
13. 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 begiririirig with 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 DHR for
review, and include said analyses in the final report. Analyses to include, but not limited to: adverse impact,
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Request for Proposals (RFP) 316283,2
validity, and exercise and examination reliability by sub -dimension and overall, item difficulty, item descriptives,
and item homogeneity, etc., where applicable.
14. Primary Consultant shall ensure that all scoring calculations and results are error free and completed within 14
days after the last exam administration for an examination process that does not include an appeal or hurdle process.
Primary Consultant shall ensure that all scoring calculations and results are error free and completed within 14 days
after the final determination of the written exam appeal committee for an examination process that includes an
appeal process. Should a hurdle process be required, Primary Consultant shall ensure that all final scoring
calculations and results are error free and completed within 14 days after the last exam administration.
15. 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 related field.
16. Primary Consultant shall recommend a cutoff score within 14 days after the administration of the exam that
includes a hurdle process and provide written rationale for each recommendation given including the establishment
of the cutoff score. All cutoff scores recommended by the Primary Consultant must be based on the results of an
appropriate validation study conducted according to professional standards. The Department of Human Resources
reserves the right to review and approve the recommended cutoff point for each examination process.
17. 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 90 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 Human Resources, 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.
18. 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 Human Resources, 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 Human Resources for each classification process a minimum of 45 days prior to each exam
administration for each classification. The Department of Human Resources 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 DHR
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 and
otherwise prepare and administer assessors/role players/raters training materials and administer training for
assessors/role players/raters. The Primary Consultant or consultant's representative shall photocopy, duplicate,
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Request for Proposals (RFP) 316283,2
collate, organize, prepare and otherwise be responsible for all related clerical duties surrounding the preparation of
assessor/role player/rater materials for the purpose of training and administration and for additional assessors/role
players/raters where proposed and appropriate to the task. The City reserves the right to have representation present
from the Department of Human Resources at any and all processes that involve assessors/role players/raters,
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. The cost of one alternate assessor and/or rater 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 and/or
raters.
19. The Primary Consultant shall provide candidates, within 45 days after the last exam administered for each
classification, 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. If a hurdle examination process is administered, only those who competed in
the entire process (Le., all exercises) shall receive written feedback.
20. 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 Human Resources, 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 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 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.
21. The Primary Consultant shall establish the content validity for each examination 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. Submit a camera-ready copy and electronic copy
of the final validation report within 60 days after the last day of each examination administration. 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., test plan, study/prep guide, Questions and Answer Packet, assessor/role
player/rater training manuals, assessor/role player/rater rating materials).
22. 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
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Request for Proposals (RFP) 316283,2
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 expenses, 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 5112.061, Florida
Statutes.
23. The Primary Consultant shall propose a fixed and firm lock rate for all exams within the time period of the
contract.
24. 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 materials and equipment in order to
satisfactorily perform the services may result in the default/termination of contract and/or postponement of
payments and/or postponement of test. Consequently, the Primary Consultant must develop, validate, and
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 #22 regarding fee charges beyond the three 8-hour days of service for expert testimony
and/or litigation arising as a result of the re-examination for each classification.
25. 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 and Psychological Testing".
26. 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.
3.3. PROJECT SCHEDULE -
The project schedule as identified herein is subject to change by the City throughout the duration of the contract,
including extensions. However, the initial three (3) to four (4) examinations for Chief Fire Officer, Fire Captain and
Fire Lieutenant during the initial four (4) years of the contract are expected to be completed by the end of 2016,
inclusive of an initial two (2) examinations for Chief Fire Officer, Fire Captain and Fire Lieutenant by the end of
2013.
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, following
successful contract execution, to begin the month of November 2012 for the administration of the initial set of
examinations for the classifications of Chief Fire Officer, Fire Captain and Fire Lieutenant. Proposer must submit a
proposed timeline outlining the anticipated services and activities of their proposal and duration, subject to
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Request for Proposals (RFP) 316283,2
Department of Human Resources' approval within 130 calendar days of the earliest exam date. Proposed timeline
shall include, but is not limited to, treatment of the following areas: details of exarn 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 the three (3)
classifications. These dates are approximate only, and subject to change. The development, administration and
scoring of subsequent examination processes (i.e., the second and third promotional examination processes) for the
Chief Fire Officer, Fire Captain and Fire Lieutenant classifications is subject to contract renewal by the City at its
discretion.
[Project schedule will be based upon the timeline provided by Purchasing.)
CHIEF FIRE OFFICER
Activity
Anticipated Date(s)
Conduct Job Analysis for Exam #1
September 2012 — November 2012
Written Exam and Oral Board
Development for Exam #1
December 2012 — March 2013
Administer Exam #1
April 2013
Establish Eligibility Register #1
June 2013
Written Exam and Oral Board
Development for Exam #2
February 2014 — May 2014
Administer Exam #2
June 2014
Establish Eligibility Register #2
August 2014
Written Exam and Oral Board
Development for Exam #3
March 2016 — June 2016
Administer Exam #3
July 2016
Establish Eligibility Register #3
September 2016
Written Exam and Oral Board
Development for Exam #4
April 2018 —July 2018
Administer Exam #4
August 2018
Establish Eligibility Register #4
October 2018
* Per Article 10 of the IAFF Labor Agreement.
FIRE CAPTAIN
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Request for Proposals (RFP) 316283,2
Activity
Anticipated Date(s)
Conduct Job Analysis for Exam #1
September 2012 - November 2012
Written Exam and Oral Board
Development for Exam #1
December 2012 - March 2013
Administer Exam #1
May 2013
Establish Eligibility Register #1
July 2013
Written Exam and Oral Board
Development for Exam #2
March 2014 -June 2014
Administer Exam #2
July 2014
Establish Eligibility Register #2
September 2014
Written Exam and Oral Board
Development for Exam #3
April 2016 -July 2016
Administer Exam #3
August 2016
Establish Eligibility Register #3
October 2016
Written Exam and Oral Board
Development for Exam #4
May 2018 - August 2018
Administer Exam #9
September 2018
Establish Eligibility Register #4
November 2018
* Per Article 10 of the IAFF Labor Agreement.
FIRE LIEUTENANT
Activity
Anticipated Date(s)
Conduct Job Analysis for Exam #1
September 2012 - November 2012
Written Exam and Oral Board
Development for Exam #1
January 2013 - April 2013
Administer Exam #1
May 2013
Establish Eligibility Register #1
July 2013
Written Exam and Oral Board
Development for Exam #2
May 2014 - August 2014
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Request for Proposals (RFP) 316283,2
Administer Exam #2
September 2014
Establish Eligibility Register #2
November 2014
Written Exam and Oral Board
Development for Exam #3
July 2017 - October 2017
Administer Exam #3
November 2017
Establish Eligibility Register #3
January 2018
The 4th Fire Lieutenant process is anticipated to occur after the expiration (8 years) for the new contract.
Page 42 of 48
A. Project Price Proposal
B. Project Hourly Rates
Doc. No.: 326537
ATTACHMENT "B"
14
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RFP No. 316283
Attachment A
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PRICE PROPOSAL FORM
REQUEST FOR PROPOSALS (RFP) 316283 FOR CHIEF FIRE OFFICER, CAPTAIN AND LIEUTENANT
EXAMINATION PROCESSES
CLASSIFICATIONS
COST/FEE PER
EXAMINATION
TOTAL ESTIMATED
EXAMINATIONS
EXTENDED AMOUNTS
Chief Fire Officer
104,
085.00
4
416,
340. 00
Fire Captain
115,
581. 00
4
462,
324. 00
Fire Lieutenant
71,
731.00
4
286,
924. 00
TOTAL PRICE PROPOSAL
1,
165,
588 _ 00
FOR EACH CLASSIFICATION, THE MULTIPLICATION OF THE "COST/FEE PER EXAMINATION", AND THE "TOTAL
ESTIMATED EXAMINATIONS" RESULTS IN THE "EXTENDED AMOUNTS". THE "EXTENDED AMOUNTS" TOTAL
CONSTITUTES THE PROPOSER'S "TOTAL PRICE PROPOSAL" AND IS THEN APPLIED TO THE FOLLOWING FORMULA
TO DETERMINE THE PROPOSER'S "PRICE PROPOSAL POINTS": (LOWEST "PRICE PROPOSAL"/PROPOSER'S "PRICE
PROPOSAL") x 20 POINTS (MAXIMUM PRICE PROPOSAL POINTS) = PROPOSER'S "PRICE PROPOSAL POINTS".
Company Name: EB Jacobs , LLC
Company Contact Signature:
Company Contact Name: Janet Echemendia, President
/ 2 012
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Proposal in Response to Request for Proposal (RFP) No. 316283
Request for Proposals for Chief Fire Officer, Capt. & Lt. Examination
Processes
COST PROPOSAL
EB Jacobs acknowledges receipt of two RFP 316283 Addenda. Addendum 1 was received May 30
2012. Addendum 2 was received on June 7, 2012. All information in the addenda was considered in our
response.
Confidentiality Statement:
This proposal includes data that shall not be disclosed outside of the proposal review
process of the City of Miami Government, Florida (the City) and shall not be duplicated,
used or disclosed, in whole or in part, for any purpose except for use in the
procurement process, and as mandated by applicable law. If, however, a contract is
awarded to EB Jacobs as a result of, or in connection with, the submission of these
data, the City shall have the right to duplicate, use or disclose the data to the extent
consistent with the City's needs in the procurement process. This restriction does not
limit the City's right to use information found in this document, if it is obtained from
another source. The data subject to this restriction are contained on every page of the
proposal and related appendix material.
Submitted by:
EB Jacobs, LLC
300 South Burrowes Street
State College, PA 16801
(800) 367-5214
Closing Date: June 13, 2012
Authorized Signature:
Janet M. Ec emendia, President
CONFIDENTIAL
Use or disclosure of data contained on this page is subject to the restriction specked in (he Confidentiality Statement of this proposal.
THIS DOCUMENT IS A SUBSTITUTION
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XII. COST/FEE PROPOSAL
A. Fees for Lieutenant Assessment:
'Item •
,Cyst
1. Job Analysis
$12,970
Includes 2 days of SME meetings, assembling survey, analyzing survey data, writing exam plan,
writing job analysis report and necessary travel costs.
2. Technical Knowledge Test (open -book) Development
$10,407
includes test development (two 55 -question parallel technical knowledge tests), SME meeting to
review test materials, cultural bias review, and necessary travel costs.
3. Technical Knowledge Test (open -book) Administration
$1,562
Includes camera- ready copy of test materials, preparation of test materials to be administered to
candidates, review of each Individual copy of test materials, monitor training, two staff persons
(Masters Level 10 Psychology) for one day of administration, and necessary travel costs.
4. Technical Knowledge Test (closed -book) Development
$13,031
Includes test development (two 70-question parallel technical knowledge tests), SME meeting to
review test materials, cultural bias review, and necessary travel costs.
5. Technical Knowledge Test closed -book) Administration
$1,563
Includes camera- ready copy of lest materials, preparation of test materials to be administered to
candidates, review of each individual copy of test materials, monitor training, two staff persons
(Masters Level 10 Psychology) for one day of administration, and necessary travel costs.
6. Situational Judgement Test Development
$6,8131
Includes test development (two 70-question parallel technical knowledge tests), SME meeting to
review test materials, cultural bias review, and necessary travel costs.
7. Situational Judgement Test Administration
$3,125
Includes camera- ready copy of test materials, preparation of test materials to be administered to
candidates, review of each individual copy of test materials, monitor training, two staff persons
(Masters Leve110 Psychology) for one day of administration, and necessary travel costs.
_
8. Candidate Preparation Manual, Tutorial Sessions, and Question and
Answers Packet Preparation After Tutorial Sessions
$9,660
Includes camera ready copy of preparation guide, on site tutorial sessions for three days, and
camera-ready copy of "Questions and Answers"packet.
9. Appeals Review and Test Scoring
$8,400
Includes test question analyses (pre and post appeals review), appeals review, summary, and
recommendations, scoring of all test components, and adding of seniority points.
10. Final Examination Report
$4,200
Includes camera-ready copy of examination report.
`1- b-
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Assumes Lieutenant SME meeting for Technical Knowledge Tests (open and closed -book) materials occurs at the same time
as the review of the Situational Judgement Test materials and that all three tests are administered to candidates on the same
day.
CONFIDENTIAL
Use or disclosure of data contained on this page is subject to the restriction specified in the Confidentiality Statement of this proposal
1
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B. Fees for Captain Assessment:
Item
Cost
1. Job Analysis
$12,970
Includes 2 days of.,SME meetings, assembling survey, analyzing survey data, writing exam plan,
writing job analysis report and necessary travel costs.
2. Written Technical Test (open and closed -book) Development
$19,623
Includes test development (two 100-question parallel technical knowledge tests), SME meeting to
review test materials, cultural bias review, and necessary travel costs.
3. Written Technical Knowledge Test (open and closed -book)
Administration
$3,685
Includes camera- ready copy of test materials, preparation of test materials to be administered to
candidates, review of each individual copy of test materials, monitor training, two staff persons
(Masters Level I/O Psychology) for one day of administration, and necessary travel costs.
4. Oral Assessment Center Development
$12,2032
Includes development of six versions of two exercises, SME meeting to review test materials,
cultural bias review, and necessary travel costs.
5. Oral Assessment Center Administration
$22,763
Includes camera-ready copy of test materials, preparation of test materials to be administered to
candidates, review of each individual copy of test materials, assessor training, City staff training,
two staff persons (Masters Level I/O Psychology) for a maximum of seven days of on -site training
and administration, and -necessary travel costs.
6. Candidate Preparation Manual, Tutorial Sessions, and Question and
Answers Packet Preparation After Tutorial Sessions
.$8,865
Includes camera ready copy of preparation guide, on -site tutorial sessions for three days, and
camera-ready copy of "Questions and Answers" packet.
7. Appeals Review, Test Scoring, and Candidate Feedback Reports
$10,500
includes test question analyses (pre and post appeals review), appeals review, summary, and
recommendations, scoring of all test components, adding of seniority points, and creating
candidate feedback reports.
8. Final Examination Report
$7,980
includes camera-ready copy of examination report.
Subtotal - Fixed Price Consulting Fees
$98,589
'ir �F gyp,,
` St/ t r,i.. ,$? �° .kit � k r't'1,r5i{ Z;''' Ji $+:a:� - N" s .A, a7/, •,y, p:._ ,�. r.. f7; •i + .�. 4F [ry qa. Wi g
t i+�1 .Y ,f S41 v ": yl' \� � . i L , ii
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..Assessor Tr_ a><�el ,tCosts ��.. �- :��;,���� �, t l ,;� ..,
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Based on $145 per hotel night, $60 current assessor per diem, $70 for taxi to/from airport on travel
dazrs, and $650 airfare and ba gage fees.
N Y "" r
-tqi.
2 Assumes Captain SME meeting for Oral Assessment Center materials occurs at the same time as the review of the written
Technical Knowledge Test (open and closed -book) materials.
3 Travel will be billed on a direct reimbursement basis (plus 20% administrative fee to locate and make travel arrangements —
the administrative fee is included in the estimate). We expect the estimate to be on the high -end assuming that schedules can
be confirmed with the City in time to purchase advance airfare tickets for assessors. Estimates do not include provision for
backup assessors or separate role-player for Subordinate Conference Role -Play exercise. We will accommodate those
requirements if the City opts to add those as requirements. If our assessor travel and accommodation estimates exceed actual
costs, the City will only be required to compensate EB Jacobs for actual costs.
CONFIDENTIAL
Use or disclosure of data contained on this page is subject to the restriction specified in the Confidenflality Statement of this proposal
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C. Fees for Chief Fire Officer Assessment:
Ite117 -
;Cost ,
1. Job Analysis
$12,970
Includes 2 days of,SME meetings, assembling survey, analyzing survey data, writing exam plan,
writing job analysis report and necessary travel costs.
2. Written In -Basket Development
$17,803
Includes written in -basket (two parallel in -basket exercises), SME meeting to review test materials,
cultural bias review, and necessary travel costs.
3. Written In -Basket Administration
$3,685
Includes camera- ready copy of test materials, preparation of test materials to be administered to
candidates, review of each individual copy of test materials, mpnitor training, assessor training, two
staff persons (Masters Level I/O Psychology) for one day of administration, and necessary travel
costs.
4. Oral Assessment Center Development
$9,1234
Includes development of four versions of two exercises, SME meeting to review test materials,
cultural bias review, and necessary travel costs.
5. Oral Assessment Center Administration
$17,343
Includes camera-ready copy of test materials, preparation of test materials to be administered to
candidates, review of each individual copy of test materials, assessor training, City staff training,
two staff persons (Masters Level I/O Psychology) for a maximum of five days of on-slte training and
administration, and necessary travel costs.
6. Candidate Preparation Manual, Tutorial Sessions, and Question and
Answers Packet Preparation After Tutorial Sessions
$9,461
Includes camera ready copy of preparation guide, on-slte tutorial sessions for three days, and
camera-ready copy of "Questions and Answers" packet.
_
7. Test Scoring and Candidate Feedback Reports
$7,000
includes appeals review, summary, and recommendations, scoring of all test components, adding
of seniority points, and creating candidate feedback reports.
8. Final Examination Report
$7,980
Includes camera-ready copy of examination report.
rice Consulting Fees
Subtotal - Fixed Price
$85,365
`-•
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s°ssorragla'.s>s., Ogdi:,a �t,� .
itWild a "'
rSa=.4,
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.
Based on $145 per hotel night, $60 current assessor per diem, $70 for taxi to/from airport on travel
days, and $650 airfare and bag age fees.or,
irSigHtglyar. AI a.
Pe
a
4 Assumes Chief Fire Officer SME meeting for Oral Assessment Center materials occurs at the same time as the review of the
Written In -Basket exercise materials.
5 Includes In -Basket and oral assessment center assessors. Travel will be billed on a direct reimbursement basis (plus 20%
administrative fee to locate and make travel arrangements — the administrative fee is included in the estimate). We expect the
estimate to be on the high -end assuming that schedules can be confirmed with the City in time to purchase advance airfare
tickets for assessors. Estimates do not include provision for backup assessors or separate role-player for Subordinate
Conference Role -Play exercise. We will accommodate those requirements if the City opts to add those as requirements. If our
assessor travel and accommodation estimates exceed actual costs, the City will only be required to compensate EB Jacobs for
actual costs.
CONFIDENTIAL
Use or disclosure of data contained on this page is subject to the restriction specified in the Confidentiality Statement of this proposal
3
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
D. Overall Pricing
Captain Total .I
Lieutenant Total�e))�
1r.(N V r
C 4 ir Off r, rClale an;d .i u ;e ;an yalai
This bid will remain in effect for 180 days from June 13, 20.12.
All services provided and outputs produced (excluding final report text) will remain the intellectual
property of EB Jacobs. Our clients are given a reproduction license to cover the contract period and
requirements (i.e., number of candidates), but may not make any information available to third parties
without written permission from EB Jacobs.
Our costs estimate has been derived using our standard daily consultancy rates and is based upon, a)
the scope of work outlined in the proposal and b) the timeline presented. If either the scope of work or
timeline is changed, a modified cost proposal may be required. Our daily rates are based upon volume of
work and related cost savings. The cost proposal assumes 3 days of post-test consultation for each
position at no -additional charge. Unless otherwise specified, the cost estimate includes: consultant
travel, accommodations and per diem; communications, mail and economy courier services; and general
overhead. The cost proposal assumes Priority Mail or Economy Courier Services, expedited services
are available for an additional fee. The cost proposal also assumes 3-week advance purchase airfares.
The cost estimate excludes test facility -related costs (acquisition, booking, rental, furniture, equipment).
CONFIDENTIAL 4
Use or disclosure of data contained on this page is subject to the restricUon specified In the Confidentiality Statement of this proposal
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
Additional Activities
(Beyond the Scope of Contract)
Any activity proposed during the course of the contract, that falls outside the scope of activities covered
under the existing contract, and requires any substantial use of consultant resources, shall be billed
separately. This activity may include, but is not limited to, additional tasks, supplementary data transfers,
data analyses, reports, meetings, and conference calls.
A fixed price or hourly rate will be established through the mutual consent of the consultant and client,
and the existing contract will be amended, in writing. Whenever possible, activities subject to this
requirement will be identified by EB Jacobs and approved by the client, in writing, prior to performing any
such activity.
CONFIDENTIAL 5
Use or disclosure of data contained on this page is subject to the restriction specified in the Confidentiality Statement of this proposal
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
4 I- .•- •r+
i G'f4 n
w �!
illi
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aultant
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t
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R ala(Rate"
{� �.'� [/ I
'r ,,otiyhk awtr
a i rrrJ . ®lisec nt e.'
4 �h� t. ,.1' .R•ate.
Rick Jacobs
$ 437.50
$ 350.00
Janet Echemendia
$ 350.00
$ 280.00
Jay Silva
$ 350.00
$ 280.00
Joe Hinish
$ 300.00
$ 240.00
Brian Himelright
$ . 250.00
$ 200.00
George Conrad
$ 250.00
$ 200.00
Nicole Howard
$ 250.00
$ 200.00
John Evans
$ 150.00
$ 120.00
Chris Williams
$ 100.00
$ 80.00
Project Discounted Rate is 80% of the Regular Rate. Project Discounted Rate is offered when work is bundled
in multiple protects over multiple years. When additional work Is added to the project during contract
negotiations, that work will be priced at the discounted rate as well. The Regular Rate is reserved for work
involving activities not projected and needing immediate attention (e.g., litigation -related work) and not
otherwise addressed in the contract.
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
ATTACHMENT "C"
INSURANCE REQUIREMENTS
INSURANCE REQUIREMENTS -PROFESSIONAL SERVICES
AGREEMENT- EB JACOBS, LLC
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Personal and Adv. Injury $ 1,000,000
Products/Completed Operations $ 1,000,000
B. Endorsements Required
City of Miami listed as additional insured
Contingent & Contractual Liability
Premises and Operations Liability
Primary Insurance Clause Endorsement
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Owned/Scheduled Autos
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
Doc. No.: 326537
City of Miami included as an additional insured
15
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of Subrogation
Employer's Liability
A. Limits of Liability
$100,000 for bodily injury caused by an accident, each accident
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
IV. Professional Liability/Errors and Omissions Coverage
Combined Single Limit
Each Claim $1,000,000
General Aggregate Limit $1,000,000
Deductible- not to exceed 10%
Retro Date Included
The above policies shall provide the City of Miami with written notice of cancellation or
material change from the insurer in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following qualifications,
shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than
"Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies
and /or certificates of insurance are subject to review and verification by Risk
Management prior to insurance approval.
Doc. No.: 326537
16
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
CORPORATE RESOLUTION
WHEREAS, ("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, this day of , 2012.
("Provider")
A (State) Corporation
(sign)
Print Name:
Corporate Secretary
Doc. No.: 326537
17
By: (sign)
Print Name:
TITLE:
of Florida ("Ci " and
("Provider").
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Form I(a)
PROFESSIONAL SERVICES AGREEMENT
his Agreement is entered into this _ day of , 200 (but effective as of
) by and between the City of Miami, a municipal corporation of the State
, a corporation
RECITAL
A. The City has i ued a Request for Proposals No. 316283 ("RFP") for the provision
. of Fire -Rescue Department tesservices for Chief Fire Officer, Captain and Lieutenant
("Services") and Provider's proposal ."Proposal"), in response thereto, has been selected as the
most qualified proposal for the provisiof the Services. The RFP and the Proposal are
sometimes referred to herein, collectively, the Solicitation Documents, and are by this
reference incorporated into and made a part of this eement.
B. The Commission of the City of Miami, .y Resolution No.
adopted on , 200_, approved the selectio •f Provider and authorized the City
Manager to execute•,a contract, under the terms and conditions seorth herein.
NOW, THEREFORE, in consideration of the mutual co ants and promises herein
contained, -Provider and -the City agree as -follows:
TERMS
1. RECITALS: The recitals are true and correct and are hereby incorporate ' into and made
a part of this Agreement.
2. TERM: The term of this Agreement shall be for four (4) years with an o. .n for
two (2) additional two (2) year periods commencing on the effective date
SUBSTITUTED
OPTION TO EXTEND: The City shall have two (2) option(s) to extend the term
eof for a period of two (2) years each, subject to availability and appropriation of funds. City
Corn ssion approval shall not be required as long as the total extended term does not exceed
eight (8) .rs and additionally as long as the compensation does not exceed $1,750,000.00.
4. SCOP .. OF SERVICE:
A. Pro per agrees to provide the Services as specifically described, and under the
special terms and con• ons set forth in Attachment "A" hereto, which by this reference is
incorporated into and made
art of this Agreement.
B. Provider represe and warrants to the City that: (i) it possesses all
qualifications, licenses and experts • required under the Solicitation Documents for the
performance of the Services; (ii) it is no •elinquent in the payment of any sums due the City,
including payment of permit fees, occupatio licenses, etc., nor in the performance of any
obligations to the City; (iii) all personnel assigned •erform the Services are and shall be, at all
times during the term hereof, fully qualified and traineto perform the tasks assigned to each;
and (iv) the Services will be performed in the manner describ • in Attachment "A".
5. COMPENSATION:
A. The amount of compensation payable by the City to Prider shall be based on the
rates and schedules described in Attachment'"B"hereto, which -by this re ence is -incorporated
into this Agreement; provided, however, that in no event shall the amoun •f compensation
throughout the contract term and renewal options cumulatively exceed $1,750,000.
B. Unless otherwise specifically provided in Attachment `B", payment shal
made
within forty five (45) days after receipt of Provider's proper invoice, as that teen is defin- by
the Local Government Prompt Payment Act, §218.70, et. seq., Florida Statutes, which shall b
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accompanied by sufficient supporting documentation and contain sufficient detail, to allow a
oper audit of expenditures, should City require one to be performed. If Provider is entitled to
reim rsement of travel expenses (i.e., Attachment `B" includes travel expenses as a specific
item of npensation), then all bills for travel expenses shall be submitted in accordance with
Section 112.1. , Florida Statutes.
6. OWNER IP OF DOCUMENTS: Provider understands and agrees that any
information, documen , eport or any other material whatsoever which is given by the City to
Provider or which is othe e obtained or prepared by Provider pursuant to or under the terms
of this Agreement is and shall a 1 times remain the property of the City. Provider agrees not to
use any such information, document, -.ort or material for any other purpose whatsoever without
the written consent of City, which ma be withheld or conditioned by the City in its sole
discretion.
7. AUDIT AND INSPECTION RIGHTS:
A. The City may, at reasonable times, a for a period of up to three (3) years
following the date of final payment by the City to Provider .. er this Agreement, audit , or cause
to be audited, those books and records of Provider which are r- . ted to Provider's performance
under this Agreement. Provider agrees to maintain all such books d records at its principal
place of business for a period of three (3) years after final paym is made under this
Agreement. All audits shall be subject to and made in accordance with the prisions of Section
18-102 of the Code of the City of Miami, Florida, as same may be amended or pplemented
from time to time.
B. The City may, at reasonable times during the term hereof, inspect Prov er's
facilities and perform such tests, as the City deems reasonably necessary, to determine whethe
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the goods or services required to be provided by Provider under this Agreement confonn to the
ns hereof and/or the terms of the Solicitation Documents, if applicable. Provider shall make
avai .le to the City all reasonable facilities and assistance to facilitate the perfonnance of tests
or inspec .ns by City representatives. All tests and inspections shall be subject to, and made in
accordance w the provisions of Section 18-100 and 18-101 of the Code of the City of Miami,
Florida, as same m. be amended or supplemented, from time to time.
8. AWARD OF REEMENT: Provider represents and warrants to the City that it
has not employed or retain any person or company employed by the City to solicit or secure
this Agreement and that it has t offered to pay, paid, or agreed to pay any person any fee,
commission, percentage, brokerage -, or gift of any kind contingent upon or in connection
with, the award of this Agreement.
9. PUBLIC RECORDS: Provider • iderstands that the public shall have access, at all
reasonable times, to all documents and informatio .ertaining to City contracts, subject to the
provisions of Chapter 119, Florida Statutes, and agrees low access by the City and the public
to all documents subject to disclosure under applicable la Provider's failure or refusal to
comply with the provisions of this section shall result in the . mediate cancellation of this
Agreement by the City.
10: COMPLIANCE WITH FEDERAL STATE AND -LOCAL LA ° : Provider
understands that agreements between private entities and local governments are bject to certain
s
laws, codes, rules and regulations, including, without limitation, laws pertaiiu ; to public
records, conflict of interest, record keeping, etc. City and Provider agree to comply and
observe all applicable laws, codes and ordinances as they may be amended from time to time.
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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") by reason of any injury to or
dea of any person or damage to or destruction or loss of any property arising out of, resulting
from, or connection with (i) the performance or non-performance of the services contemplated
by this Agree nt which is or is alleged to be directly or indirectly caused, in whole or in part, by
any act, omission, s ault or negligence (whether active or passive) of Provider or its employees,
agents or subcontractors ollectively referred to as "Provider"), regardless of whether it is, or is
alleged to be, caused in wh
or part (whether joint, concurrent or contributing) by any act,
omission, default or negligence (w ther active or passive) of the Indemnitees, or any of them or
(ii) the failure of the Provider to compl ith any of the paragraphs herein or (iii) the failure of
the Provider to confonn to statutes, ordines, or other regulations or requirements of any
governmental authority, federal or state, in connec ' en with the performance of this Agreement.
Provider expressly agrees to indemnify and hold harmle the Indemnitees, or any of them, from
and against all liabilities which may be asserted by an emplo . • or former employee of Provider,
or any of its subcontractors, as provided above, for which th 'rovider's liability to such
employee or former -employee would otherwise -be 'limited to-payme under state -Workers'
Compensation or similar laws.
12. DEFAULT: If Provider fails to comply with any tern or condition of th Agreement,
or fails to perfonn any of its obligations hereunder, then Provider shall be in default.
on the
occurrence of a default hereunder the City, in addition to all remedies available to it by law,
immediately, upon written notice to Provider, terminate this Agreement whereupon all payments,
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advances, or other compensation paid by the City to Provider while Provider was in default shall
inunediately returned to the City. Provider understands and agrees that termination of this
Agre. • ent under this section shall not release Provider from any obligation accruing prior to the
effective to of termination. Should Provider be unable or unwilling to commence to perform
the Services in the time provided or contemplated herein, then, in addition to the foregoing,
Provider shall be .ble to the City for all expenses incurred by the City in preparation and
negotiation of this A
einent, as well as all costs and expenses incurred by the City in the
procurement of the Service ncluding consequential and incidental damages.
13. RESOLUTION OF C • TRACT DISPUTES: Provider understands and agrees that
all disputes between Provider and - City based upon an alleged violation of the terns of this
Agreement by the City shall be submit • to the City Manager for his/her resolution, prior to
Provider being entitled to seek judicial rehin connection therewith. In the event that the
amount of compensation hereunder exceeds $ 00, the City Manager's decision shall be
approved or disapproved by the City Commission. P ider shall not be entitled to seek judicial
relief unless: (i) it has first received City Manager's ten decision, approved by the City
Commission if the amount of compensation hereunder excee+ $4,500, or (ii) a period of sixty
(60) days has expired, after submitting to the City Manager a det. -d statement of the dispute,
accompanied -by all supporting documentation (90 days if City Manag 's decision is subject to
City Commission approval); or (iii) City has waived compliance with the . •cedure set forth in
this section by written instruments, signed by the City Manager.
14. CITY'S TERMINATION RIGHTS:
A. The City shall have the right to terminate this Agreement, in its sole discr. on, at
any time, by giving written notice to Provider at least five (5) business days prior to the effec
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ate of such termination. In such event, the City shall pay to Provider compensation for services
ren. •red and expenses incurred prior to the effective date of termination. In no event shall the
City be "able to Provider for any additional compensation, other than that provided herein,or for
any conseq -ntial or incidental damages. Provider shall have recourse against the City for a
termination un
this Section except to be paid. any compensation for services incurred and due
prior to the date of t - ination.
B. The City all have the right to terminate this Agreement, without notice to
Provider, upon the occurrencof an event of default hereunder. In such event, the City shall not
be obligated to pay any amounts Provider and Provider shall reimburse to the City all amounts
received while Provider was in defau nder this Agreement.
IS. INSURANCE: Provider sh. , at all tunes during the term hereof, maintain such
insurance coverage as may be required by the . ty. All such insurance, including renewals, shall
be subject to the approval of the City for adequac of protection and evidence of such coverage
shall be furnished to the City on Certificates of Insuran• - indicating such insurance to be in force
and effect and providing that it will not be canceled during e performance of the services under
this contract without thirty (30) calendar days prior written ' otice to the City. Completed
Certificates of Insurance shall be filed with the City prior to e performance of services
hereunder; pi=ovided, However, that Provider shall 'at any time upon..req. =st file duplicate copies
of the policies of such insurance with the City.
If, in the judgment of the City, prevailing conditions warrant the provisi. • by Provider of
additional liability insurance coverage or coverage which is different in kind, the
ty reserves
the right to require the provision by Provider of an amount of coverage different
n the
amounts or kind previously required and shall afford written notice of such chang in
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requirements thirty (30) days prior to the date on which the requirements shall take effect.
uld the Provider fail or refuse to satisfy the requirement of changed coverage within thirty
(30) •. s following the City's written notice, this Contract shall be considered terminated on the
date that t - required change in policy coverage would otherwise take effect.
16. NOND . s CRIMINATION: Provider represents and warrants to the City that Provider
does not and will n engage in discriminatory practices and that there shall be no discrimination
in connection with Prov 'er's performance under this Agreement on account of race, color, sex,
religion, age, handicap, ma .1 status or national origin. Provider further covenants that no
otherwise qualified individual s 1, solely by reason of his/her race, color, sex, religion, age,
handicap, marital status or national o •in, be excluded from participation in, be denied services,
or be subject to discrimination under any p 'vision of this Agreement.
17. ASSIGNMENT: This Agreement • all not be assigned by Provider, in whole or in
part, without the prior written consent of the City's, hich may be withheld or conditioned, in the
City's sole discretion.
18. NOTICES: All notices or other communications uired under this Agreement shall
be in writing and shall be given by hand -delivery or by register or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indica -d herein or to such other
address as a -party may designate -by notice given as herein provided. - ,tice shai-1-be deemed
given on the day on which personally delivered; or, if by mail, on the fifth da , fter being posted
or the date of actual receipt, whichever is earlier.
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TO PROVIDER: TO THE CITY:
Ric ' Jacobs, Ph.D. Johnny Martinez, P.E.
Princi •1 City Manager
EB Jaco. LLC 3500 Pan American Drive
300 South 'urrowes Street Miami, Florida 33133
State Co11eg . ' A 16801
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Julie O. Bru
City Attorney
444 SW 2nd Avenue, 9th Floor
Miami, Florida 33130
Beverly Pruitt
Human Resources Director
City of Miami
444 SW 2nd Avenue, 7th Floor
Miami, Florida 33130
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MISCELLANEOUS PROVISIONS:
This Agreement shall be construed and enforced according to the laws of the State
of Flori.. Venue in all proceedings shall be in Miami -Dade County, Florida and the parties
agree to the u of this venue. In any civil action or other proceedings between the parties arising
out of the Agreem it, each party shall bear its own attomey's fees.
B. Title an..aragraph headings are for convenient reference and are not a part of this
Agreement.
C. No waiver or br- h of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the s.. e or any other provision hereof, and no waiver shall be
effective unless made in writing.
D. Should any provision, para
, sentence, word or phrase contained in this
Agreement be determined by a court of compete 'urisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florior the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed mod -d to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall ► deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall
force -and effect or limitation of -its -use.
ain unmodified and in full
E. This Agreement constitutes the sole and entire agreement etween the parties
hereto. No modification or amendment hereto shall be valid unless in writing 'd executed by
properly authorized representatives of the parties hereto.
20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the 'arties
hereto, their heirs, executors, legal representatives, successors, or assigns.
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21. INDEPENDENT CONTRACTOR: Provider has been procured and is being
gaged to provide services to the City as an independent contractor, and not as an agent or
emp ee of the City. Accordingly, Provider shall not attain, nor be entitled to, any rights or
benefits
der the Civil Service or Pension Ordinances of the City, nor any rights generally
afforded clas ied or unclassified employees. Provider further understands that Florida
Workers' Compen tion benefits available to employees of the City are not available to Provider,
and agrees to provide
rkers' compensation insurance for any employee or agent of Provider
rendering services to the Cit nder this Agreement.
22. CONTINGENCY CLA
E: Funding for this Agreement is contingent on the
availability of funds and continued horization for program activities and the Agreement is
subject to amendment or termination due
lack of allocated and available funds, reduction or
discontinuance of funds and/or change in law , odes, rules policies or regulations, upon thirty
(30) days notice.
23. REAFFIRMATION OF REPRESENTATION Provider hereby reaffirms all of the
representations contained in the Solicitation Documents.
24. ENTIRE AGREEMENT: This instrument and its attac ► ents constitute the sole and
only agreement of the parties relating to the subject matter hereof a correctly set forth the
-rights duties, and -obligations of -each -to -the other- as of -its date. Any -prior a eements-,-promises,
negotiations, or representations not expressly set forth in this Agreement are of n• orce or effect.
25. COUNTERPARTS: This Agreement may be executed in two or more c nterparts,
each of which shall constitute an original but all of which, when taken together, shall co itute
one and the same agreement.
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26. SPECIAL INSURANCE AND INDEMNIFICATION RIDER: Please initial if
applicable:
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IN FITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
ten.
"City"
CITY OF MIAMI, a municipal
ATTEST: corporation
By:
Priscilla A. Thompson, City erk Johnny Martinez, P.E., City Manager
ATTEST:
Print Name:
Title: Corporate Secretary
By:
Print • e:
Title: Pr- dent
"Provider"
corporation
APPROVED AS TO FORM AND APPROVED A 0 INSURANCE
CORRECTNESS: REQUIREMENTS.
Ju1ie 0: Bru
City Attorney
Form I (a)-(RFP/Corporate)
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Risk Management
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ATTACHMENT "A"
3.2 •OJECT REQUIREMENTS (From RFP 12-13-XXX)
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A. 'roject Costs
B. 1 counts
C. Pr s • ct Rates
D. Pay t Schedule
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ATTACHMENT `B"
15
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CORPORATE RESOLUTION
WHEREAS, ("Provider") wishes to enter into a Professional
ices Agreement ("Agreement") with the City of Miami ("City");
'HEREAS, the Board of Directors, at a duly held meeting of the Provider has
consideree matter in accordance with the By -Laws of the Corporation;
NOW, . EREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that
this corporation is a .,orized to enter into the Agreement with the City, and the President and the
Secretary are hereby aut •rized and directed to execute the Agreement in the name of this
Corporation and to execute an' .they document and perform any acts in connection therewith as
may be required to accomplish its p► ..ose.
IN WITNESS WHEREOF, this day of , 2006.
("Provider")
(State) Corporation
(sign)
Print Name:
Corporate Secretary
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By:
Print Name:
• •TITLE:
(sign)