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HomeMy WebLinkAboutExhibit 1PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement is entered into this _ day of 201 (but effective as of ) by and between the City of Miami, a municipal corporation of the State of Florida ("City") and Industrial/Organization Solutions, Inc. (d.b.a. I/O Solutions, Inc.), an Illinois corporation ("Provider"). RECITAL A. The City has issued a Request for Proposals No. 348289 ("RFP") for the provision of Police Department test services for Police 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 , 201_, approved the selection of Provider and authorized the City Manager to execute a contract, under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Provider and the City agree as follows: TERMS 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM: The term of this Agreement shall be for two (2) years with an option for three (3) 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 three (3) 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 $850,000.00 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 teiui 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 $850,000.00. 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 documentationand 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 infoiniation, 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 3 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 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. 4 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, omissions 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 confoini to statutes, ordinances, legal codes, contract requirements, other regulations of any governmental authority, federal, municipal or state, in connection with the perfoiiiiance 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. 5 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, accompanied by all supporting documentation (90 days if City Manager's decision is subject to 6 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 teiniination. 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 to 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 perforniance 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 7 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 8 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: Fred M. Rafilson, Ph.D. Chief Executive Officer Industrial/Organization Solutions, Inc. (d.b.a. I/O Solutions, Inc.), 1127 S Mannheim Road, Suite 203 Westchester, IL 60154 Johnny Martinez, P.E. City Manager 3500 Pan American Drive Miami, Florida 33133 Julie 0. 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 19. MISCELLANEOUS PROVISIONS: A. 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. 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. 9 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 10 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 Todd Hannon, City Clerk By: Johnny Martinez, P.E., City Manager "Provider" ATTEST: I/O Solutions, Inc., an Illinois corporation By: Print Name: Print Name: Title: Company Secretary Title: President APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Julie O. Bru City Attorney Calvin Ellis, Director Risk Management 12 ATTACHMENT "A" 3.2 PROJECT REQUIREMENTS (From RFP No. 348289) Attached and incorporated herein by reference. ATTACHMENT A 3. Specifications Request for Proposals (RFP) 348289,1 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 the classification of Police Lieutenant, on behalf of the Department of Human Resources. During the initial two (2) year term of the contract, it is anticipated the Successful Proposer shall administer one (1) examination for the classification of Police 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 will consist of customized examination processes, and seniority credit for time -in -grade. Promotional scores will be calculated in accordance with Civil Service Rule 6, and if applicable, FOP Union contract with the City. The following are approximations for the number of candidates expected to sit and participate, for each examination process and during each of the anticipated two (2) year contract periods is 125 for Police Lieutenant. However, be advised the number may be for more or less, depending upon need. 3.2. TESTING PROCEDURE OBJECTIVES The testing procedure for each classification over the life of the contract shall be: 1. Based on a corresponding job analysis for the targeted position. 2. Directly job -related. 3. Reasonably perceived as fair and objective by the candidates. 4. Standardized to ensure comparability of scores across candidates. 5. Developed with input from staff from the Miami Police Department 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 law enforcement promotional systems. 3.3. TEST DEVELOPMENT REQUIREMENTS The Consultant shall: 1. Abide by timetables outlined herein over the life of the contract, with the understanding that timetables outlined herein may be superseded by the 1999 Federal Order, the United States Depait,uent of Justice (USDOJ), or provisions outlined in the current Fraternal Order of Police (FOP) Labor Agreement. These timetables are estimates only and subject to change. The City shall provide reasonable written notice of any changes to specified timetable. 2. Abide by all of the provision of the 1999 Federal Order for testing efforts related to the classification of Police Lieutenant. At the request of the City, provide the USDOJ with all deliverables (e.g., documents, materials) and raw data for review in a timely manner. 3. Conduct a legally defensible job -analysis according to current professional and legal standards within 90 calendar days after request by the Department of Human Resources (DHR) for the classification of Police Page 34 of 44 Request for Proposals (RFP) 348289,1 Lieutenant. 4. Develop an examination that is appropriate to directly measure the knowledge, skills, abilities, and other characteristics (KSAOs) identified in the job analysis as necessary to perform the job functions within 180 calendar days of the completion of the job analysis for the classification of Police Lieutenant. 5. Develop no less than three (3) examination exercises for each examination that is appropriate to directly measure the knowledge, skills, abilities, and other characteristics (KSAOs) that are identified in the existing job analysis within 180 calendar days after the completion of the job analysis necessary to perform the job functions for the classification of Police Lieutenant. Consultant will have input from subject matter experts (SMEs) from the Miami Police Department. DHR will have input into the development of examination measures and must approve exercises after Police Department SME approval. DHR will have final review of exercises. Collaborate with DHR staff and its Expert Testing Consultant(s) to incorporate USDOJ requests and suggestions into the Police Lieutenant selection process. 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 90 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. 6. Develop a parallel form for each exam exercise 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 original test administration process. 7. Work with the Miami Police Department and Department of Human Resources to develop one (1) book list for each examination based upon the current Job Analysis, if not already developed. The book lists will be a source of examination material for each examination. Each list for each examination must be published a minimum of 90 days prior to the administration of the exam. The City will provide the successful proposer will the previous book lists used. Compare source materials with the job analysis data to ensure that all items, scenarios, 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. The booklist for the classification of Police Lieutenant is subject to the approval of the USDOJ. Additionally, the book list for Police Lieutenant shall be provided to the USDOJ a minimum of 120 days prior to the administration of the exam. 8. Identify percentage of job domain measured by each customized examination process (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 the 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. 9. Prepare and submit for approval to the Department of Human Resources all scripts for all appropriate exercises in electronic format at least 21 calendar days prior to the first examination date. Candidate instructions will be reviewed by the supervisor of the Department of Human Resources, Testing and Validation Division to ensure practicality as well as to assist the Department of Human Resources in examination administration planning. 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 member of the Primary Consultant's firm or agency shall be present for all days and exercises of the on -site test administration for exercise, for each examination process. 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 a 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 for administration of each exercise for each examination. Finding of, and payment for, testing facilities is the responsibility of the City. City staff approved by the Department of Human Resources may be used Page 35 of 44 Request for Proposals (RFP) 348289,1 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 examination process. 11. Primary Consultant's firm or agency, under the direct supervision of the Primary Consultant, shall score each examination and generate descriptive statistics such as means and standard deviations. Primary Consultant shall analyze the scores from each examination process to determine the extent to which group means differ by ethnicity/race and by gender, present said analyses to DHR for review, and include all said analyses in the final report. Analyses to include, but not limited to: adverse impact, validity, and exercise and examination reliability by sub -dimension and overall, item difficulty, item descriptives, and item homogeneity, etc., where applicable. 12. Primary Consultant shall ensure that scoring calculations and results for raw scores are error -free and completed within 15 days after the last day of exam administration for each examination process. 13. Data entry and scoring is to be completed by at least two different employees of the Primary Consultant's firm or agency 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. 14. Primary Consultant, in consultation with the USDOJ, shall provide a written recommendation for the method of use including, but not limited to scoring and weighting to Testing Division staff of the DHR within 60 days after the last day of the exam administration for each customized examination process, and provide written rationale for each recommendation given including the establishment of the cutoff score. All recommendations by the Primary Consultant must be based on the results of an appropriate validation study conducted according to professional guidelines, principles and standards. The Depaitnaent of Human Resources reserves the right to review and approve recommendations for each examination process. 15. Primary Consultant or qualified consultant's representative shall provide an on -site orientation program for each examination to ensure that all candidates receive uniform and relevant information for the applicable examination within 40 days prior to the administration of the exam. The orientation will be presented on multiple days and include written guidelines and rules that will govern each exam administration of each examination process, and prepare a written "Questions and Answers" packet for each exam process. The "Questions and Answers" packet is a document consisting of questions raised by attendees at the candidate tutorial sessions provided by the vendor and their answers. The "Questions and Answers" packet also contains relevant questions and answers from a bank that was asked by past candidates. The vendor is also expected to make the PowerPoint slides from the candidate tutorial sessions available to all interested candidates, regardless of attendance at a tutorial session. Each "Questions and Answers" packet (i.e., "Questions and Answers document as well as the tutorial session PowerPoint slides) must be submitted by the Primary Consultant to Testing Division staff in the DHR at least 30 days prior to each test administration and will summarize the questions raised at the on -site orientation supplemented with pertinent questions from past orientations and provide responses to each question. 16. Consultant shall contact, screen, select, secure, obtain, train and ensure the presence of individuals from the law enforcement communityto serve as assessors/role players/raters for each exercise, for each exam, where applicable, pending approval of the Testing Division staff of the DHR. All assessors will be from (a) United States agencies, (b) comparable in size and/or selected demographics (e.g., ethnicity, race, gender) to the Miami Police Department, (c) outside of the State of Florida, and (d) of the same rank or higher rank as the classification being tested. Every effort must be made by the Primary Consultant to ensure that each exam process has appropriate ethnic/racial and gender representation among assessors used in all examination exercises. 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 examination process a minimum of 45 days prior to each exam administration. 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 Page 36 of 44 Request for Proposals (RFP) 348289,1 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 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. Primary consultant will photocopy, duplicate, 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, 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, Testing and Validation Division 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 assessors/role players/raters must be used to assess every candidate participating in a specific exam exercise requiring assessors/role players/raters, respectively and as applicable. Candidates will be scored by the same assessors/role players/raters for each exercise of each exam. 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. 17. The Primary Consultant shall provide evidence (e.g., statistics) supporting the content validity and reliability of each exam in a separate final report to the Department of Human Resources, Testing and Validation Division. Final scores for each candidate including, but not limited to raw, standardized, and computed, must be provided to the City for each candidate for each exercise for each exam within 75 days following completion of the last day of exam administration. In addition, the Primary Consultant shall provide recommendations in the final report to assist the City with preparing examination candidates for future processes. This report should include sufficient information to assist the City in developing future training programs for promotional candidates for each exam. 18. The Primary Consultant shall establish the content validity for each exam 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 90 days after the submission of the final scores. 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, tutorial sessions slides, Questions and Answer Packet, assessor/role player/rater training manuals, assessor/role player/rater rating materials). 19. The Primary Consultant or qualified individual from the Primary Consultant's firm or agency shall provide three 8-hour 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. The Primary Consultant agrees to appear for a total time of three (3) days up to eight (8) hours per day without any additional financial costs to the City. The Primary Consultant shall be responsible for transportation, lodging, and meals. After the three (3) days have beers utilized, the Primary Consultant shall be allowed to charge the City his or her Page 37 of 44 Request for Proposals (RFP) 348289,1 reasonable daily rate at time of Contract for any additional days for the services relating to litigation and/or appearing as an expert witness; said appearance and resulting costs have to be approved by the City in advance of travel. The Consultant shall be responsible for travel time, transportation, lodging and meals during the first three (3) days of post-test consultation. Reasonable travel expenses, a rental car allowance, hotel accommodations, and a meal allowance for appearances arising from litigation shall be paid to the Primary Consultant by the City as additional costs upon approval by the City and in accordance with §112.061, Florida Statutes. 20. The Primary Consultant shall propose a fixed and firm lock rate for all exams within the time period of the contract. 21. 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 #20 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. 22. All work shall be performed by, or under the direct supervision of, the Primary Consultant. All associates utilized on each project must 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." 23. 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. 3.4. TEST SCHEDULE The test schedule as identified herein is subject to change by the City throughout the duration of the contract, including extensions. However, the initial examination for Police Lieutenant during the initial two (2) years of the contract is expected to be completed by the end of 2014. Project Schedule: Included in this RFP is an anticipated project schedule of events or process milestones that illustrates the time -frame requirements for conducting the work described above. Work is anticipated to begin, following successful contract execution, during the month of May 2013 for the administration of the initial examination for the classification of Police Lieutenant. Proposer must submit a proposed timeline outlining the anticipated services and activities of their proposal and duration, subject to Department of Human Resources' approval within 180 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/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 for a more detailed, approximate timeline for the administration of the examinations. These dates are Page 38 of 44 Request for Proposals (RFP) 348289,1 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 Police Lieutenant classification is subject to contract renewal by the City at its discretion. POLICE LIEUTENANT Activity Anticipated Date(s) Conduct Job Analysis May 2013 — July 2013 Written Exam and Oral Board Development for Exam #1 October 2013 —March 2014 Administer Exam #1 April 2014 Establish Eligibility Register #1 July 2014 Written Exam and Oral Board Development for Exam #2 October 2015 — March 2016 Administer Exam #2 April 2016 Establish Eligibility Register #2 July 2016 Written Exam and Oral Board Development for Exam #3 October 2017 — March 2018 Administer Exam #3 April 2018 Establish Eligibility Register #3 July 2018 Written Exam and Oral Board Development for Exam #4 October 2019 — March 2020 Administer Exam #4 April 2020 Establish Eligibility Register #4 July 2020 Page 39 of 44 Compensation Attached. ATTACHMENT "B" 14 ATTACHMENT B UP NO.34R2.A4 PRICE PROPOSAL FORM AtIACHME%-.A REQUEST FOR PROPOSALS (RFP) 348289 FOR POLICE UEUTENANT EXAM ['NATION PROCESS CLASSIFICATIONGOSTIFEEPER EXAMINATION TOTAL ESTIMATED EXAMINATIONS EXTENDED AMOUNTS Pallte Lieutenant I "7 I I ?. S' 4 Co 4 4 0 = TOTAL PRICE PROPOSAL i' ..EAL ' q THE MULTIPLICATION OF THE "COSTffEE PER EXAMINATION", AND THE "TOTAL ESTIMATED EXAMINATIONS.' RESULTS IN THE "EXTI:NDEI3 AMOUNTS". THE " TENDED AMOUNTS" TOTJU. CONSTITUTES THE PROPOSER'S "TOTAL PRICE PROPOSAL" AND IS THEN APPLIED TO THE FOLLOWING FORMULA TO DETERrv11NE THE PROPOSER'S "PRICE PROPOSAL POINTS": (LOWEST "PRICE PROPOSAL"/PROPOSER'S "PRICE PROPOSAL") x 15 POINTS (MAXIMUMM-Pit PROPOSAL POINTS)=•PROPOSER'S"PRICE PROPOSAL POINTS". Company Nomo; f Campa-ry Contael Signdture.: • ,CompnyCan•ArtNam,: ! 1{t1) l'24-f'feCovu, f�+- 17) - DarC: If -zl112 Copyright ©2012, Industrial/Organizational Solutions, Inc CONFIDENTIAL - TRADE SECRET 3 ATTACHMENT B Rate Schedule ass!ic,o_ Consultantllndustrial Psychologist Technical Writer Administrative Assistant $250 $95 $50 ATTACHMENT "C" Insurance Requirements. ATTACHMENT "C" INSURANCE REQUIREMENTS INSURANCE REQUIREMENTS -PROFESSIONAL SERVICES AGREEMENT 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 Ill. 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, Industrial/Organization Solutions, Inc. (d.b.a. I/O Solutions, Inca ("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. I/O Solutions, Inc., ("Provider") An Illinois (State) Corporation By: (sign) Print Name: TITLE: (sign) Print Name: Corporate Secretary 16