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HomeMy WebLinkAboutExhibit 1PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement is entered into this day of 2013 (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 Depaihnent 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. 12-0285, adopted on July 26, 2012, 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. ?s,2' /Z--573 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; (ii) it is not delinquent in the payment of any sums due the City, including payment of permit fees, occupational licenses, etc., nor in the performance of any obligations to the City; (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; and (iv) the Services will be performed in the manner described in Attachment "A". 5. COMPENSATION: A. The amount of compensation payable by the City to Provider shall be based on the rates and schedules described in Attachment "B" hereto, which by this reference is incorporated 2 into this Agreement; provided, however, that in no event shall the amount of compensation 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 exclusively for the City (e.g., Written Tests, Oral Board Exercises, Question -and -Answer Packet, Appeals Review Summary) pursuant to or under the terms of this Agreement is and shall at all times remain the property of the City. Provider retains ownership of any information, documents, reports, or any other material that was not developed exclusively for the City (e.g., Rating Scales, Feedback Protocols). Documents created by Provider for the City based on a boilerplate document (e.g., Candidate Preparation Guide, Assessor Training Manuals, Tutorial Slides) will have joint ownership in that the custom document will be owned by the City and the boilerplate will be owned by the Provider. Provider agrees not to use any information, document, report or material produced exclusively for the City for any other purpose whatsoever without the written consent of City, which may be withheld or 3 conditioned by the City in its sole discretion. The Provider will retain ownership of original boilerplate documents not produced exclusively for the City. 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 fmal payment is made under this Agreement. All audits shall be subject to and made in accordance 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 teinus 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. 4 9. PUBLIC RECORDS: Provider understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Provider's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. 10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Provider understands that agreements between private entities and local governments are subject to certain laws, 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 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 fees) or liabilities (collectively referred to as "Liabilities") arising out of, resulting from, or in connection with (i) the performance of the services contemplated by this Agreement when the services provided contain professional errors, omission, or negligence on the part of the Provider or its employees, agents or subcontractors (collectively referred to as "Provider") or (ii) the failure of the Provider to conform to statutes, ordinances, legal codes, contract requirements, other regulations of any governmental authority, federal, municipal or state, in connection with the perfoumance of this Agreement. The Provider is not responsible to defend the City in legal actions within the scope of (i) or (ii) above, and shall only indemnify the City in the situation where: (a) the test submitted by the Provider under this Agreement is found to be not in compliance with Civil Service Rules, or with federal or state statutes; (b) any services or materials furnished by the Provider under this Agreement is determined to be legally defective; or (c) the Provider is found to have committed professional errors, omissions, or negligence when the claims are adjudicated, and not just alleged. The Provider shall be liable and agrees to pay the City's cost of such defense, inclusive of its attorney's fees, if the circumstances in (a), (b), or (c) above are determined to exist by a court of competent jurisdiction. 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 6 approved or disapproved by the City Commission. Provider shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds $25,000, or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation (90 days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. 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 Attachment "C". All such insurance, including renewals, shall be subject to the approval of the City for adequacy of 7 protection and evidence of such coverage shall be furnished to the City on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of the services under this contract without thirty (30) calendar days prior written notice to the City. Completed Certificates of Insurance shall be filed with the City prior to the performance of services hereunder, provided, however, that Provider shall at any time upon request file duplicate copies of the policies of such insurance with the City. If, in the judgment of the City, prevailing conditions warrant the provision by Provider of additional liability insurance coverage or coverage which is different in kind, the City reserves the right to require the provision by Provider of an amount of coverage different from the amounts or 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. 8 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 address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO PROVIDER: TO THE CITY: Rick R. Jacobs, Ph.D. Principal EB Jacobs, LLC 300 South Burrowes Street State College, PA 16801 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 Amy Klose 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 9 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. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. 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 10 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 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. 11 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. "City" CITY OF MIAMI, a municipal ATTEST: corporation By: Todd Hannon, City Clerk Johnny Martinez, P.E., City Manager ATTEST: "Provider" EB Jacobs, LLC, a foreign limited liability company of the State of Pennsylvania 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 Calvin Ellis, Director Risk Management 12 ATTACHMENT "A" 3.1 PROJECT REQUIREMENTS (From RFP No. 316283) Attached and incorporated herein by reference. 13 ATTACHMENT "A" Request for Proposals (RFP) 316283,2 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The City is seeming 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 TES 1 LNG 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 Fine -Rescue promotional Page 34 of 48 14 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 iob-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 SIv1E approval. Each examination process must have a preparation inanualistudy 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 nuunber 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 fu-st 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 Page 35 of 48 15 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 cm -rent 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 Primacy Consultant), and at least one additional member from the Primary Consultant's funs 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 ntunber 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 munber of candidates expected to sit and participate in any given examination within the contracted time frame necessitates a hurdle process. 12. Primary Consultant's finn 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 manner within 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 recominendation (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 beginning 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, Page 36 of 48 16 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 40 days prior to the administration of the exam. The orientation will include written guidelines and rules that will govern each exam administration of each examination process for each classification and a "Questions and Answers" packet for each exam process for each classification. Each "Questions and Answers" packet must be submitted by the Primary Consultant to the Department of 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 far 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 Htunan 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 minim -tun 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, Page 37 of 48 17 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 (i.e., 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 Primacy 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 AssociationiNational Council on Measurement in Education "Standards for Educational and Psychological Testing". This information shall be included in each final report along with documnentation 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 fine 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 fi-mu 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 Page 38 of 48 18 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 § 112.061, Florida Statutes. 23. The Piimary 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 andiior 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 422 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 ;`ith a minimum of a Masters degree in Industrial and Organizational Psychology or closely related field. Scoring calculations and results shall be ensured by the Piimary 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 20I3. Project Schedule: Inchided in this RFP is an anticipated project schedule of events or process milestones that illustrates the tune -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 Page 39 of48 19 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 exam format(s), job analytic task groups by exam component, description of all exams/exercisesicomponents, 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 01410ER Activity Anticipated Date(s) Conduct Job Analysis for Exam 41 September 2012 — November 2012 Written Exam and Oral Board Development for Exam #1 December 2012 — March 2013 Administer Exam 41 April 2013 Establish Eligibility Register 41 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 JuIy 2016 Establish Eligibility Register #3 September 2016 Written Exam and Oral Board Development for Exam 44 April 2018 — July 2018 Administer Exam #4 August 2018 Establish Eligibility Register #4 October 2018 * Per Article 10 of the IAFF Labor Agreement. FIRE CAPTALN Page 40 of 48 20 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 #4 September 2018 Establish Eligibility Register #4 November 2018 * Per Article 10 of the LAFF Labor Agreement. FIRE LIEUTENANT Activity Anticipated Date(s) Conduct Job Analysis for Exam 41 September 2012 —November 2012 Written Exam and Oral Board Development for Exam #1 January 2013 — April 2013 Administer Exam 41 May 2013 Establish Eligibility Register #1 July 2013 Written Exam and Oral Board Development for Exam #2 May 2014 —August 2014 Page 41 of 48 21 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 of48 22 A. Project Price Proposal B. Project Hourly Rates ATTACHMENT `B" 23 ATTACHMENT "B" RFP No. 316283 Attachment A. PRICE PROPOSAL FORM REQUEST FOR PROPOSALS (REP) 316283 FOR CHIEF FIRE OFFICER, CAPTAIN AND LIEUTENANT EXAMINATION PROCESSES CLASSIFICATIONS Chief Fire Officer Fire Captain Fire Lieutenant COST/FEE PER TOTAL ESTIMATED EXAMINATION EXAMINATIONS EXTENDED AMOUNTS 104,085.00 4 416,340.00 115,581.00 4 462,324.00 71,731.00 4 TOTAL PRICE PROPOSAL 286,924.00 1,165,58.8.00 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". CompanyName: EB Jacobs, LLC Company Contact Signature: Company Contact Name: Janet Echemendia, President S7-Y1/2012 Attachment B Rick Jacobs CEO $ 350.00 Janet Echemendia President $ 280.00 Jay Silva Managing Senior Consultant $ 280.00 Joe Hinish Managing Senior Consultant $ 240.00 Brian Himelright Senior Consultant $ 200.00 Nicole Howard Senior Consultant $ 200.00 George Conrad Data Analysis Manager $ 200.00 John Evans Consultant $ 120.00 Becky Rock Consultant $ 120.00 Chris Williams Data Coordinator $ 80.00 Contract Hourly Rate is 80% of the regular rate. Contract Hourly Rate is offered when work is bundled in multiple projects over multiple years. When additional work is added to the project during contract negotiations, that work will be priced at the contract hourly rate. 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. 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 City of Miami included as an additional insured 26 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. CORPORATE RESOLUTION WHEREAS, EB Jacobs, LLC ("Provider") wishes to enter into a Professional Services Agreement ("Agreement") with the City of Miami ("City"); WHEREAS, the Board of Directors, at a duly held meeting of the Provider has considered the matter in accordance with the By -Laws of the Corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that this corporation is authorized to enter into the Agreement with the City, and the President and the Secretary are hereby authorized and directed to execute the Agreement in the name of this Corporation and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, this day of , 2013. EB Jacobs, LLC, ("Provider") A foreign limited liability company of the State of Pennsylvania By: (sign) Print Name: TITLE: (sign) Print Name: Corporate Secretary