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Industrial Organizational Solutions, Inc. PSA Agreement PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND INDUSTRIAL/ORGANIZATIONAL SOLUTIONS, INC. FOR TO PROVIDE TESTING SERVICES TO DETERMINE QUALIFIED APPLICANTS FOR POLICE AND FIRE ENTRY LEVEL POSITIONS AND CLASSIFIED PROMOTIONAL CLASSIFICATIONS PURSUANT TO RFP #34-10111 T is P= reement ional Services A 9 ("Agreement") is entered info this /a Aday oDf rJ� 2013 (Effective Date)', between the CITY OF MIAMI BEACH, FLORIDA, a m nicipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and INDUSTRIAL/ORGANIZATIONAL SOLUTIONS, INC., a state of Illinois Corporation, whose address is 11.27 S. Mannheim Road, Suite 203, Westchester, IL 60154-2562 ("Consultant"). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Consultant, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement. Services will be developed by Consultant (in conjunction with the City) for each contact year during the Term of the Agreement; services for any contract year shall be. subject to the prior written approval of the City, through its City Manager, at his sole discretion. Fee: Amount paid to the Consultant as compensation for Services. Consultant's fee under the Agreement will be determined for each contract year during the Term of the Agreement (based on the Services provided for that contract year), and shall be subject to the prior written approval of the City Manager, at his sole discretion. Proposal Documents: Proposal Documents shall mean City of Miami Beach Request For Proposals (RFP No. 34-10111)for Testing Services for Police and Fire, together with all amendments thereto, issued by the City in contemplation of this Agreement, (the RFP), and the Consultant's proposal in response thereto (Proposal), all of which are hereby incorporated and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement; the following order of precedent shall prevail: this Agreement; the RFP; and the Proposal. 1 Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139: telephone number (305) 673-7000, Ext. 6515: and fax number(305) 673-7023. SECTION 2 SCOPE OF SERVICES (SERVICES) 2.1 In consideration of the Fee to be paid'to Consultant by the City, Consultant shall provide the Services described in Exhibit"A" hereto (the Services) for the first contract year. Services, and corresponding fees for subsequent contract years during the Term of the Agreement will be developed by Consultant, and shall be subject to the prior written approval of the City, through its City Manager and, further, shall be approved (if at all) at the City Manager's sole discretion. 2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in accordance with any specific timeline and/or schedule in Exhibit"A" hereto. 2.3 In no way shall the Services agreed to between the City and Consultant for a contact year be deemed or interpreted as a guarantee of future work (including, without limitation, future work for subsequent contract years throughout the Term of the Agreement) to be awarded to Consultant. The City shall only be responsible for payment of those Services approved by the City for a specific contract year during the Term of this Agreement. SECTION 3 TERM The term of this Agreement (Term) shall commence upon execution of this Agreement by all parties hereto, as set forth in the Effective Date on page 1 thereof, and shall have an initial term of one (1) year, with four (4) additional one (1) year renewal options, to be exercised at the City Manager's sole option and discretion, by providing Consultant with written notice of same no less than thirty (30) days prior to the expiration of the initial term (or a renewal term, as the case may be). Notwithstanding the Term provided herein,.Consultant shall adhere to any specific timelines, schedules, dates, and/or performance milestones for completion and delivery of the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit "A" hereto. 2 SECTION 4 FEE 4.1 In consideration of the Services to be provided during the first contract year, (as set forth in Exhibit"A"), Consultant shall be compensated in an amount not to exceed $75,400. 4.2 All travel expenses associated with delivery of the agreed upon Services will be invoiced to the City at cost, and subject to compliance with section 112.016; Florida Statutes, in an amount not to exceed $9,810 for the first,contract year. All printing costs associated with the production of testing materials will be invoiced to the City at cost, in an amount not to exceed$750 for the first contract year. 4.3 Upon commencement of each contract year during the Term hereof, the City and Consultant will develop and agree upon the Services for that contract year. Based on the agreed upon Services, Consultant shall develop its proposal fee for each contract year; which fee shall be subject to the prior approval, in writing, by the City Manager, in his sole discretion. 4.4 Fees will be paid in the following increments: 0 25% following approval by the City Manager of the Services, and Consultant's fee for same,for a specific contract year; two (2) 25% payments made at mutually agreed milestones during the contract year; and 0 25% upon satisfactory completion by Consultant of the Services.for the contract year. 4.2 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within thirty (30) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: City of Miami Beach Human Resources Department 1700 Convention Center Drive Miami Beach, FL 33139 Attn: Carla Maglio Gomez, Human Resources Assistant Director SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to j 3 I exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of this Agreement, and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate-this Agreement without further notice to Consultant. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Consultant shall not be relieved of. liability to the City for damages sustained by the City by any breach.of the Agreement by the Consultant. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against Consultant. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions .or other wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any other person or entity acting under Consultant's control or supervision, in connection with, related to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising 4 from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1%) of the total compensation to Consultant- for performance of the Services'under this Agreement is the specific consideration from the City to the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The Consultant shall maintain and carry in full force during the Term, the following insurance: 1. Consultant General Liability, in the amount of$300,000; 2. Automotive Liability, in the amount of$1,000,000; and 3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes. The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published.by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All of Consultant's certificates shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior to any work and/or services commencing) and will be kept on file in the Office of the Risk Manager. The certificate must state the RFP number and title. The City shall have the right to obtain from the Consultant specimen copies_of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. The Consultant is also solely responsible for obtaining and submitting all insurance certificates for any sub-consultants. Compliance with the foregoing requirements shall not relieve the Consultant of-the liabilities and obligations under this Section or under any other portion of this Agreement. The Consultant shall not commence any work and or services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. SECTION 7 LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. 5 SECTION 8 LIMITATION OF CITY'S LIABILITY The City.desires to enter into this Agreement only if in so doing the City can place a limit on the City's-liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $10,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contain_ed in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 [INTENTIONALLY DELETED] SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant, and at any time during normal business-hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manger may, in his reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Consultant shall maintain any and all such records at its place of business at the address set forth in the."Notices" section of this Agreement. 10.2 [INTENTIONALLY DELETETD] 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING i Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless ' 6 i as approved pursuant to this Section, and any attempt to make such assignment (unless approved) shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of the Services, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital and familial status, or age 10.6 CONFLICT OF INTEREST The Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code, and as may be amended from time to time; and by the City of Miami Beach Charter and Code (as some may be amended from time to time); both of which are incorporated by reference herein as if fully set forth herein. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly, which could conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising there from. SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice in writing, all such notices and communications shall be addressed as follows: i TO CONSULTANT: Industrial/Organizational Solutions, Inc. 1127 S Mannheim Road Suite 203 Westchester, IL 60154 Attn: Chad Legel, President TO CITY: City of Miami Beach Human Resources Department 7 i r 1700 Convention Center Drive Miami Beach, FL 33139 Attn: Carla Maglio Gomez, Human Resources Assistant Director may also be provided to an other address designated b the art to receive notice if Notice 9 Y party Y P Y such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the day on which personally served, or the day of receipt by either U.S. certified mail or overnight delivery. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire Agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that.are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. I i I i 1 i 1 4 i ! 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: `� LJ Ci y Clerk ayor B F,9 INCORF ORATED' FOR CONSULTANT: �y,4•............ ' STRIAL ORGANIZATIONAL LUTIONS, INC. ATTEST: By: ZQ Ceo ecretary I?�s+dei V A.rZA-FIL`�DAj �,��� � � � �� oFD Print Name Print Name/ itle APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION a-3 � j ,Ci ' ttome Date { I 9 P i EXHIBIT "A": SCOPE OF SERVICES FOR THE FIRST CONTRACT YEAR A. GENERAL i Police Department Promotional Testing: Police promotional testing occurs every two (2) years, as per the current Collective Bargaining Agreement with the Fraternal Order of Police (FOP). BASE PROPOSAL FOR POLICE CLASSIFICATIONS: • Police Sergeant— (Promotional) • Police Lieutenant—(Promotional) 1. Conduct a thorough job analysis for all testing and validation of process. 2. Revise job descriptions and recommend any changes based on the job analysis. 3. Construct physical ability, assessment center, written tests, oral tests and/or other appropriate selection devices. Any and all relevant technical and procedural assistance with all testing. 4. Administration of any/all portions of the testing process. 5. Score and analyze results, respond to challenges, determine cutting point and establish ordered register of results. 6. Develop and recommend method of final selection. 7. Documentation, follow-up, and general services. ALTERNATE PROPOSAL: This Proposal is for consultation services in order to assist the City developing job analysis, entry level and promotional tests, scoring, minimum requirements for jobs, and background tests requirements for all City classifications, including sworn (as described in Base Proposal) and non-sworn positions. ALTERNATE PROPOSAL TO PROVIDE CONSULTATION SERVICES IN THE FOLLOWING AREAS: 1. Conduct a thorough job analysis for all testing and validation of process. 2. Revise job descriptions and recommend any changes based on the job analysis. 3. Construct physical ability, assessment center, written tests, oral tests and/or other appropriate selection devices. Any and all relevant technical and procedural assistance with all testing. 4. Administration of any/all portions of the testing process. 5. Score and analyze results, respond to challenges, determine cutting point and establish ordered register of results. 6. Develop and recommend method of final selection and any other processes. 7. Documentation, follow-up, and general services. B. GENERAL—TIMETABLE All necessary job analysis, validation, examinations, etc., must be completed to produce an ordered register of results according to the following timetable for the City: i 1. Promotional Police - Every two (2) years 1 10 C. JOB FUNCTION REQUIREMENTS PERFORM FUNCTION (BASE PROPOSAL) AND/OR PROVIDE CONSULTATION SERVICES (ALTERNATE PROPOSAL) RELATING TO THE FOLLOWING CATEGORIES: 1. CONDUCT A THOROUGH JOB ANALYSIS FOR ALL TESTING 1. Develop and conduct job analysis under conditions that assure adequacy and accuracy of the research and results. 2. Gather and analyze existing pertinent data regarding the classification, including, but not limited to: last.job analysis, existing job specifications, etc. 3. Identify, define and analyze the tasks and work behaviors, especially the important and/or critical tasks and work behaviors required for successful performance constituting most of the job, and their relative importance, and if the behaviors results in a work product, analyze the work products. 4. Identify and document each Knowledge, Skill and Ability (KSA) necessary as a prerequisite to perform critical and/or important work behaviors, including the identification and documentation of the "Essential Job Functions" per Americans with Disabilities Act (ADA) guidelines. 5. Operationally define each KSA and the relationship between each KSA and each work behavior as well as the method used to determine this relationship. 6. Identify and define the important and/or critical prerequisite KSAs or behaviors to be measured or sampled by the selection devices and recommend minimum qualifications for application acceptance. 7. Prepare complete detailed report documenting entire process including, but not limited to, all methodologies, rationales, procedures, and findings of job analysis. 2. REVISE JOB DESCRIPTIONS Based upon the job analysis, revise the current job specifications including the following sections: Nature of Work; Illustrative Examples of Essential Duties; Knowledge, Skills and Abilities; Minimum Requirements; Physical Requirements; Supervision Received; and Supervision Exercised. Note "Essential Job Functions" per ADA. 3. CONSTRUCT WRITTEN TEST 1. Ensure that no person(s), other than those designated by the City Manager, shall have access to any information regarding the test, test items, test development materials, test answers or any related materials. 2. Ensure that the test items have not been used and will not be used in whole or in part by any other past, present, or future client or any other agency or individual without express written agreement between the City and the Consultant. 3. Ensure that there is no substantial similarity between any of the items developed for these classifications and-the items on any other examination prepared for the City without express written agreement between the City and the Consultant. 4. Give title of the test and all items to the City to be used by the City in any manner without any additional charge and prevent use by any other agency or individual. 5. Construct the test of at least 100 items -the format to be agreed to by the City. 6. Develop test items for each Knowledge, Skills and Ability (KSA) area and document that the items are an adequate and representative sample of the KSA content area to be measured, ensuring complete coverage of all major elements of each KSA content area. 7. Develop items that will differentiate among applicants' levels of competency. 8. Avoid redundancy and confounding of measurement by ensuring that each item measures one specific area. 9. Review and edit items to insure freedom from misspelling or grammatical, typographical, or other errors and freedom of ethnic, gender, or other bias —and to insure that all items 11 YP prepared v are properly ro erl re ared in accordance with accepted testing criteria, are reliable and valid, , are directly related to performance of the job and are reasonable and defensible. 10. Provide written source documentation linking each item with the appropriate KSA, noting source of attribution and the page and paragraph number or the equivalent to page and paragraph number. 11. Print and deliver sufficient copies of each Written Test. 1.2. Score the answer sheets. 13. Return answer sheets to the City. 14. Evaluate the test statistics and item analysis provided by the City, and perform and evaluate adverse impact calculations and any additional analysis, as the firm deems appropriate. 15. Develop a form to be used for applicant challenges. 16. Review and respond in writing to each applicant challenge, including justification of correct response. 17. Delete any items warranted based on evaluation of test statistics, item analysis and applicant challenges. 18. Prepare final scoring key and perform final scoring. 19. Provide the City with a register of the final results of each participant. 20. Validate the entire process. 4. CONSTRUCT AND ADMINISTER ASSESSMENT CENTER (POLICE PROMOTIONAL ONLY) 1. Ensure that no person(s), other than those designated by the City Manager, shall have access to any information regarding the behavioral assessment exercises, concepts, development materials, response/performance guidelines or any related materials. 2. Ensure that the behavioral assessment exercises have not been used and will not be used in whole or in part by any other past, present, or future client or any other agency or individual without express written agreement between the City and the Consultant. 3. Construct the behavioral assessment Center - the nature of which to be determined by the job analysis and agreed to by the City. 4. Develop desired performance/responses for each behavioral assessment exercise and/or standards/criteria. 5. Review and edit written behavioral assessment exercise materials to insure freedom from misspelling or grammatical, typographical, or other errors and freedom from ethnic, gender, or other bias. 6. Validate the Behavioral Assessment Center. 7. Provide orientation sessions for all candidates including guidelines and descriptions of Behavioral Assessment Center process. 8. Provide and operate equipment (and its backup) for each participant necessary to administer non-written behavioral assessment exercises (if applicable). 9. Print and deliver sufficient copies of each behavioral assessment exercise. 10. Coordinate and administer Behavioral Assessment Center process. 11. Select, provide lodging and transportation for and train assessors per behavioral assessment exercise. Schedule assessors for exercise evaluation. 12. Determine appropriate Behavioral Assessment Center passing score. 13. Provide the City with a register of the final results including overall score for each participant. 14. Provide one-on-one feedback upon request to each participant. 15. Develop a form to be used for applicant challenges. 16. Review and respond in writing to each applicant challenge, including justification of response. 12 1 i 17..Give title of the Behavioral Assessment Center and all exercises to the City to be used by the City in any manner without any additional charge and prevent use by any other agency or individual. 18. Provide the City with a register of the final results of each participant. 5. DEVELOP AND RECOMMEND METHOD OF FINAL SELECTION AND ANY OTHER PROCESSES (e.g. CONSTRUCT PHYSICAL ABILITY, ASSESSMENT CENTER, ORAL TESTS AND/OR OTHER APPROPRIATE SELECTION DEVICES) FOR ALL OTHER POSITIONS. 1. Prepare written recommendation as to the method(s) of referring qualified candidates from the Eligible List to the Appointing Authority for interview, consideration and selection. Recommendation would include number of candidates to be referred, flexible or set number of candidates, banding of scores, etc., with appropriate supporting rationale and criteria. 2. Prepare and provide written recommendation of methodology and procedures for making final selections from among qualified candidates. 3. Prepare written recommendations on any additional processes and guidelines as are required or advised, such as background investigation, drug use history, polygraph, psychological and/or psychiatric evaluations, etc. 4. Develop, administer, analyze, interpret results and validate such other appropriate structured selection devices based upon the job analysis. 5. Ensure that no person(s), other than those designated by the City Manager, shall have access to any information regarding the selection device, the selection device items, development materials, desired performance/responses/answers or any related materials. 6. Ensure that the test items have not been used and will not be used in whole or in part by any other past, present, or future client or any other agency or individual without express written agreement between the City and the Consultant. 7. Construct the selection devices with weights in proportion to the relative importance of KSAs or behaviors to be sampled or measured as determined by the job analysis. 8. Develop selection device components for each KSA or behavioral content area and document that the components are an adequate and representative sample of the KSA or behavioral content area to be measured or sampled, ensuring complete coverage of all major elements of each KSA or behavioral content area. 9. Develop components that will differentiate among applicants' levels of competency and that will differentiate among levels of job performance. 10.Avoid redundancy and confounding of measurement. 11. Review and edit items to insure freedom from misspelling or grammatical, typographical, or other errors and freedom of ethnic, gender, or other bias — and to insure that all items are properly prepared in accordance with accepted testing criteria, are reliable and valid, are directly related to performance of the job and are reasonable and defensible. 12. Provide written documentation linking each component with the appropriate KSA or job behavior. 13. Develop desired performance/responses for each component and/or standards/criteria and a form by which performance is to be evaluated, scored, analyzed, and interpreted. 14. If used, develop methods by which selection device raters will be evaluated and selected. j 15. If raters are used, develop and administer rater training and facilitate and monitor i administration of selection device. 1 16. Produce and evaluate descriptive selection device statistics and analysis including j adverse impact statistics. i 17. Review and respond in writing to each applicant challenge, including justification of correct (desired) performance/response. 1 13 1 J3 1 18. Determine appropriate cutting point (or passing score). 19. Provide the City with an ordered register of the selection device results of each participant. 20. Prepare complete detailed report documenting.entire process including, but not limited to, all methodologies, rationales, and procedures. 6. DOCUMENTATION, FOLLOW-UP AND GENERAL SERVICES Task A - Document, prepare comprehensive periodic progress and final reports, and provide copies to the City of all materials, methodologies, individuals involved, and steps utilized to provide these services as well as a copy of all data obtained. Task B - Document that the selection devices are valid and reliable measurement instruments and that acceptable and defensible statistical and other methods were applied. Task C - Prepare documentation and testimony to appear in court or before any regulatory authorities or bodies and provide testimony as an expert witness in conjunction with any challenges, appeals, suits or grievances that might arise from providing the proposed services. Task D- General Services include the following: 1. Remain available on an as-needed basis to answer any questions, clarify or interpret the results of any individual's results. 2. Provide supplemental written material and training to City personnel to facilitate the use of the Behavioral Assessment Center results and reports. 3. Defend and/or represent the City and testify on the City's behalf if any claims or allegations are made regarding the services provided including, but not limited to, the validity of the test battery or evaluation methods or results. 4. Maintain all raw test results and notes with respect to each individual evaluated for the time set forth in Florida records retention or other applicable laws or as specified by the City, whichever is greater. 5. Research and investigate to insure that all tests, procedures, results and interpretations are valid, reliable, cross-cultural and legally defensible for the purposes used. 6. Submit a report summarizing evaluation and test results, including an analysis by ethnicity/race, gender and age showing adverse impact, if any, of each component and of entire selection process and giving recommendations for future reduction of any adverse impact. 7. Document that the entire selection process is valid and meets all required criteria. 8. CITY PROVIDED SERVICES 1. Provide copies of the existing job analysis, job description and other information requested. 2. Coordinate subject matter expert and other meetings involving City employees, coordinate distribution and return of employee questionnaires, and contact candidates. regarding scheduling. 3. The City will provide meeting/testing rooms. 1 4. The Human Resources Department Director may designate a professional City employee in the Human Resources Department as a contact and resource person for the firm. i 14 i - FEE STRUCTURE FOR THE FIRST CONTRACT YEAR In consideration of the Services to be provided during the first contract year, Consultant shall be compensated for the Services in an amount not to exceed $75,400. All travel expenses associated with delivery of the agreed upon Services will be invoiced to the City at cost, and subject to section 112.016; Florida Statutes; and in an amount not to exceed $9,810. Travel Rate Schedule Rate Airfare cost (per trip) $545.00 Lodging rate (daily) $125.00 Transportation, rental, parking (daily) $80.00 Meal allowance (daily) $45.00 All printing costs associated with the production of testing materials will be invoiced to the City at cost, in an amount not to exceed $750. The following tables outline the costs associated with each of the primary deliverables (in accordance with "Base Proposal'): Fees associated with Police Consultant Technical Admin Cost Promotional Process hours* writer hours* hours* Job analysis study, technical reporting 60 32 $11,300.00 and job description update (ranks of Police Sergeant and Police Lieutenant Written exam development, validation 30 84 4 $10,810.00 and reporting (ranks of Police Sergeant and Police Lieutenant Assessment center development, 116 8 8 $21,020.00 validation and technical reporting (ranks of Police Sergeant and Police Lieutenant Live Candidate Orientation (ranks of 8 $1,400.00 Police Sergeant and Police Lieutenant Assessment center administration, 64 $11,200.00 training and oversight (ranks of Police Sergeant and Police Lieutenant, based on 4 days of administration, 2 consultants per day) Assessment center appeal process 5 $875.00 (ranks of Police Sergeant and Police Lieutenant TOTAL 299 92 44 $56,605.00 i I ii I i 15 j 1. Travel fees Days Staff Airfare Lodging Transport Meal Total associated with units units units units Police Promotional Process Job Analysis 2 2 2 4 2 4 $1,930.00 Written exam 2 2 2 2 2 2 $1,590.00 i development Assessment Center 2 2 2 2 2 2 $1,590.00 j development and orientation Assessment Center 4 2 2 8 4 8 $2,770.00 administration TOTAL $7,880.001 The following tables outline the costs associated with optional deliverables (in accordance with "Alternate Proposal"): Fees associated with optional (as Consultant Technical Admin Cost needed) deliverables hours* writer hours* hours* Job analysis study, technical reporting 30 16 $5,650.00 and job description update (per position) Development and recommendation for 12 $2,100.00 methods of selection (per position, per process) TOTAL 42 16 $7,750.00 *These cost projections represent an estimate of consultant hours. The actual number of hours will vary according to the City's degree of involvement in performing the functions and staff resources dedicated to the project. Travel fees Days Staff Airfare Lodging Transport Meal Total j associated with units units units units i optional (as needed) deliverables Job Analysis 2 2 2 4 2 4 $1,930.00 1 If needed, additional consulting work will be conducted at the hourly rate presented below: Rate Schedule Classification Rate/Hour Consultant/Industrial Psychologist $175 Technical Writer $65. Administrative Assistant $25 i 16 Consultant will provide counsel, deposition and expert testimony services for the purpose of defending the development, validation and administration of selection processes at the following rate: Service Rate/Hour Expert counsel, deposition or expert testimony provided by a Ph.D. $250 level Industrial/Organizational Psychologist Administrative services related to litigation support $25 i i I i 1 I 17